OpenLegislation

Paragraph 29 I1

England, Wales and Scotland

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

(1)

No equipment of a description specified in a direction under this paragraph given by the Authority to Transport for London and every London borough council may be used in connection with a charging scheme unless

F1(a)

the equipment is of a type approved by the AuthorityF2, or

(b)

the equipment is used in accordance with directions given by the Authority.

(2)

Where the Secretary of State considers that—

(a)

equipment of any particular description used in connection with a charging scheme (“the non-standard equipment”) is incompatible with a national standard for equipment of that or any other description, and

(b)

the incompatibility is detrimental to the interests of persons resident in England outside Greater London,

he may give notice of that fact to the Authority.

(3)

Where the Secretary of State has given notice under sub-paragraph (2) above to the Authority, the non-standard equipment may no longer be used in connection with a charging scheme except with the authorisation of the Secretary of State.

F3(3A)

Where the Secretary of State considers that—

(a)

directions under sub-paragraph (1)(b) above regarding the use of equipment in connection with a charging scheme are incompatible with regulations under section 176(2)(b) of the Transport Act 2000, and

(b)

the incompatibility is detrimental to the interests of persons resident in England outside Greater London,

he may give notice of that fact to the Authority.

(3B)

Where the Secretary of State has given notice under sub-paragraph (3A) above to the Authority, the equipment in question may no longer be used in connection with a charging scheme except with the authorisation of the Secretary of State.

(4)

Any authorisation under sub-paragraph (3) F4or (3B) above may be given subject to conditions.

(5)

Any authorisation under sub-paragraph (3) F5or (3B) above, and any conditions under sub-paragraph (4) above, may be varied or revoked.

(6)

In this paragraph “national standard” means any standard approved by the Secretary of State by regulations F6under section 176(2) of the Transport Act 2000..

Annotations

Textual amendments

F1

Words in Sch. 23 para. 29(1) renumbered as Sch. 23 para. 29(1)(a) (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 116(5)(a), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F2

Sch. 23 para. 29(1)(b) and words inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 116(5)(b), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F3

Sch. 23 para. 29(3A)(3B) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 116(6), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F4

Words in Sch. 23 para. 29(4) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 116(7), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F5

Words in Sch. 23 para. 29(5) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 116(7), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

F6

Words in Sch. 23 para. 29(6) substituted (E.W.) (1.2.2001 (E.) and otherwise prosp.) by 2000 c. 38, ss. 199, 275(1), Sch. 13 para. 14 (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. 29 wholly in force at 3.7.2000; Sch. 23 para. 29 not in force at Royal Assent see s. 425(2); Sch. 23 para. 29 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

Notes on Approval of equipment and directions for use

Textual amendments

F1

Sch. 23 para. 29 heading substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 116(8), 134(4); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1