Paragraph 17 I1

For section 13 of the 1976 Act there shall be substituted the following—

“13.

(1)

If at any time it is represented in writing to the Secretary of State by the county council that in the circumstances then existing or in prospect—

(a)

all or any of the tolls fixed by or by virtue of this Act or the River Tyne (Tunnels) Order 2005 should be increased by more than the maximum permissible under article 42 of, and paragraph 2, 7 or 9 of Schedule 14 to, that Order, or

(b)

any classification of traffic then in force for the purposes of the levying of tolls should be revised,

the Secretary of State may, if he thinks fit, make an order increasing all or any of the tolls by more than the increase authorised by that article or revising any such classification of traffic.

(2)

Where in accordance with paragraphs 2, 4, 7, 9 or 15 of Schedule 14 to the River Tyne (Tunnels) Order 2005 the county council determines that the level of tolls fixed by virtue of this Act or that Order should be revised, the county council shall submit to the Secretary of State—

(a)

notice of such determination;

(b)

evidence of compliance with the procedural requirements of Schedule 14 to the River Tyne (Tunnels) Order 2005; and

(c)

information illustrating how the revised toll has been calculated,

and the Secretary of State shall, before the expiration of 21 days from the receipt by him of such submissions which he considers to be satisfactory, and where he is also satisfied that the requirements imposed upon the county council by Schedule 14 to the River Tyne (Tunnels) Order 2005 have been complied with by the county council, make an order revising the tolls in accordance with the powers given to him by that schedule.

(3)

(a)

An order made by the Secretary of State under subsection (1) or (2) shall come into effect 28 days from the date the order is made.

(b)

An order made by the Secretary of State under subsection (1) or (2) revising tolls or classifications of traffic shall cease to have effect on the coming into force of a subsequent order under subsection (1) or (2).

(4)

In the exercise of the powers conferred upon him by subsection (1), the Secretary of State shall have regard to—

(a)

the financial position and future prospects of the tunnel crossing;

(b)

the desirability of providing funds for and in meeting expenses incurred in securing any necessary authority or consent for, and in securing the construction and operation of, the new tunnel;

(c)

such other matters of a transportation nature within the area as may be considered by the Secretary of State at that time to be relevant; and

(d)

such other matters of an economic, environmental or social nature within that county as may be considered by the Secretary of State at that time to be relevant.

(5)

In the event of a representation being made to the Secretary of State under subsection (1) the county council shall furnish the Secretary of State with such information and particulars as the Secretary of State may require and shall publish in The London Gazette and in at least one local newspaper circulating in the area in which the tunnel crossing is situated, a notice stating—

(a)

the general effect of the representation;

(b)

the places at which copies of the representation may be inspected free of charge and copies thereof purchased and the price of such copies;

(c)

that within a period of 42 days from the date of the first publication of the notice, any person may object to the representation by giving notice to the Secretary of State accompanied by the grounds of his objection and sending a copy thereof to the county council; and

(d)

the Secretary of State’s power to hold a local inquiry by virtue of section 63(1) of this Act.

(6)

The power of the Secretary of State to hold a public inquiry under section 63(1) shall not apply in respect of orders to be made by the Secretary of State under subsection (2).

(7)

The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument.”.