{
  "url": "https://openlegislation.uk/river-mersey-mersey-gateway-bridge-order-2011/article-42A",
  "json_url": "https://openlegislation.uk/river-mersey-mersey-gateway-bridge-order-2011/article-42A.json",
  "legislation": "uksi/2011/41",
  "legislation_title": "The River Mersey (Mersey Gateway Bridge) Order 2011",
  "legislation_url": "https://openlegislation.uk/river-mersey-mersey-gateway-bridge-order-2011",
  "path": "article/42A",
  "kind": "article",
  "number": "42A",
  "heading": "Power to make road user charging schemes",
  "text": "(1) The undertaker may make charging schemes in respect of the bridge roads or Silver Jubilee Bridge roads, or a single charging scheme for both.\n(2) Section 164(3) (local charging schemes) of the 2000 Act does not apply to such a charging scheme.\n(3) A charging scheme to which this article relates may make provision, in addition to anything provided for under the 2000 Act, for—\n(a) charges to be levied for any services or facilities provided in connection with the new crossing and the Silver Jubilee Bridge; and\n(b) any other matter that is provided for in articles 41 (power to charge tolls) and 42 (payment of tolls).\n(4) Where a charging scheme is in force on 14th September 2016 in respect of the bridge roads or Silver Jubilee Bridge roads, or both, and does not make express provision for such matters, the following is to apply in addition to that charging scheme—\n(a) the undertaker may levy charges for any other services or facilities provided in connection with the new crossing or the Silver Jubilee Bridge;\n(b) where any charge, including a penalty charge under a charging scheme or a charge levied under sub-paragraph (a), remains unpaid after it has become due for payment the person to whom it is payable may recover from the person liable to pay it the amount of the charge together with all other reasonable costs and expenses including administrative expenses, enforcement expenses and interest arising out of such failure to pay;\n(c) the undertaker may appoint any person to act as its agent to collect charges and other sums as provided for within sub-paragraph (b); and\n(d) regardless of paragraph 8 of Schedule 12 (road user charging and workplace parking levy: financial provisions) to the 2000 Act, any charge may be applied by the undertaker to the purposes specified in article 41(10) but the undertaker may not apply any charges for the purposes mentioned in sub-paragraphs (e) or (f) of that article—\n(i) in a manner that would contravene Directive 1999/62/EC of the European Parliament and of the Council of 17th June 1999 on the charging of heavy goods vehicles for the use of certain infrastructure as amended by Directive 2006/38/EC of the European Parliament and of the Council of 17th May 2006 and Council Directive 2006/103/EC of 20th November 2006; or\n(ii) unless it is satisfied that it has applied for the purposes of sub-paragraphs (a) to (d) of article 41(10) sufficient funds to ensure the safe, efficient and economic management, operation and maintenance of the new crossing in accordance with all applicable statutory requirements.\n(5) Subject to the provisions of this article, when a charging scheme is in force in respect of the bridge roads (whether for the bridge roads alone or with the Silver Jubilee Bridge roads) the charging scheme has effect in substitution for articles 41, 42 and 46 (enforcement), but when there is no charging scheme in force in respect of the bridge roads the imposition, payment and enforcement of payment of tolls and charges imposed under this Order is to be under the powers conferred by articles 41, 42 and 46.\n(6) The powers conferred by this article may not be transferred under article 43(1) (power to enter into concession agreements and lease or transfer the undertaking, etc.) to any person who is not a traffic authority under section 121A (traffic authorities) of the Road Traffic Regulation Act 1984.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Art. 42A inserted (14.9.2016) by The River Mersey (Mersey Gateway Bridge) (Amendment) Order 2016 (S.I. 2016/851), arts. 1, 3(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2011/41/article/42A",
    "retrieved_at": "2026-10-29T02:20:37.203368+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}