OpenLegislation

Paragraph 18 I1C1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

F1... The Authority may require a charging scheme to include provision for such portion of the net proceeds as the Authority may determine to be paid to—

(a)

the Authority,

(b)

Transport for London, or

(c)

such London borough councils as may be specified or described by the Authority,

for application for relevant transport purposes.

F2(1A)

In the case of a charging scheme which imposes charges in respect of a trunk road, the Secretary of State may require the scheme to include provision for the payment to the Secretary of State of such portion of the net proceeds as is—

(a)

provided for by the scheme, or

(b)

otherwise determined with the consent of the Secretary of State.

(1B)

Any portion of the net proceeds paid to the Secretary of State by virtue of sub-paragraph (1A) shall be available only for application for the purpose of directly or indirectly facilitating the achievement of any policies or proposals relating to transport.

(2)

In this Schedule, any reference to a charging authority’s share of the net proceeds of a charging scheme is a reference to so much of the net proceeds of the scheme as remains after the making of any payments to other bodies or persons required by virtue of sub-paragraph (1) F3or (1A) aboveF4....

(3)

For the purposes of this Schedule, the payment by the Authority of a sum received by the Authority by virtue of sub-paragraph (1) above to any body corporate for the purpose of the application of that sum by that body for relevant transport purposes shall be taken to be the application of that sum by the Authority for relevant transport purposes.

Annotations

Textual amendments

F1

Words in Sch. 23 para. 18(1) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 12(2), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F2

Sch. 23 para. 18(1A)(1B) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 12(3); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F3

Words in Sch. 23 para. 18(2) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 12(4)(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F4

Words in Sch. 23 para. 18(2) repealed (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 12(4)(b), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

Modifications

C1

Sch. 23 para. 18: power to apply (with modifications) conferred (E.W.) (1.2.2001 (E.) and otherwiseprosp.) by 2000 c. 38, ss. 191, 275(1), Sch. 12 para. 12(2)(a) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

Commencement

I1

Sch. 23 para. 18 wholly in force at 3.7.2000; Sch. 23 para. 18 not in force at Royal Assent see s. 425(2); Sch. 23 para. 18 in force for certain purposes at 8.5.2000 and at 3.7.2000 in so far as not already in force by S.I. 2000/801, art. 2(2)(b)(c), Sch. Pts. 2, 3