HC Deb 10 May 2000 vol 349 cc893-6

Amendments made: No. 236, in page 192, line 7, after "(1)," insert— 'in the definition of "net proceeds", for the words from ", means" to the end substitute "and a financial year, means the amount (if any) by which—

  1. (a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed
  2. (b) the expenses incurred for or in connection with the scheme which are so attributable;".

(3) In that sub-paragraph,'.

No. 237, in page 192, line 14, at end insert—

'( ) In that sub-paragraph, in the definition of "traffic sign", for "same meaning as in the Road Traffic Regulation Act 1984 (see in particular section 64 of that Act)" substitute "meaning given by section 64 of the Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act".'.

No. 238, in page 192, line 14, at end insert—

'( ) For sub-paragraph (2) substitute— (2) For the purposes of this Schedule—

  1. (a) the amounts received under or in connection with a charging scheme, and
  2. (b) the expenses incurred for or in connection with such a scheme, 894 and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.".'.

No. 239, in page 192, line 24, leave out "to (5)" and insert "and (3)".

No. 240, in page 192, line 25, leave out "and costs".

No. 241, in page 192, line 26, at end insert—

'(4A) Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a charging scheme—

  1. (a) the costs of the inquiry shall be paid by the charging authority; and
  2. (b) the parties at the inquiry shall bear their own costs.'.

No. 242, in page 192, line 27, leave out— 'An authority by whom a charging order' and insert "The charging authority".

No. 243, in page 192, line 30, leave out "order" and insert "charging scheme".

No. 244, in page 192, line 31, leave out "After paragraph 11" and insert—

'In sub-paragraph (2) of paragraph 11 (exemptions, reduced rates etc.), after "above" insert "and to paragraphs 4 and 6 above".

4A. After that paragraph'.

No. 245, in page 193, line 11, leave out—

'In paragraph 15(5)(b) (dealing with surpluses)' and insert—

'(1) Paragraph 15 (accounts and funds) is amended as follows.

(2) In sub-paragraphs (1) and (2), for "of their income and expenditure in respect of substitute "relating to".

(3) In sub-paragraph (3)—

  1. (a) for the words from the beginning to "each" substitute "Each", and
  2. (b) for "that year" substitute "each financial year".

(4) After that sub-paragraph insert— (4A) Regulations may make—

  1. (a) further provision relating to accounts required to be kept under sub-paragraph (1) or (2) above (including provision requiring or allowing the keeping of consolidated accounts relating to more than one charging scheme); and
  2. (b) further provision relating to the preparation and publication of statements of such accounts."

(5) In sub-paragraph (5)(b)'.

No. 246, in page 193, line 33, at end insert—

'—(1) Paragraph 26 (examination of motor vehicles etc.) is amended as follows.

(2) For sub-paragraph (2) substitute— (2) Regulations may make provision conferring power on any person authorised in writing by the charging authority to enter a motor vehicle where he has reasonable grounds for suspecting, in relation to a motor vehicle which is on a road, that—

  1. (a) any equipment required to be carried in or fitted to the motor vehicle while it is on a road in respect of which charges are imposed has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme; or
  2. (b) there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or being identified as having failed to pay, such a charge."

(3) After that sub-paragraph insert— (3) A person who intentionally obstructs a person exercising any power conferred on him by virtue of sub-paragraph (2) above is guilty of an offence. (4) A person guilty of an offence under sub-paragraph (3) above shall be liable on summary conviction to—

  1. (a) a fine not exceeding level 5 on the standard scale, or
  2. (b) imprisonment for a term not exceeding six months, or to both.

(5) Regulations may make provision conferring power on any person authorised in writing by the charging authority to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under paragraph 25 above."

.—(1) Paragraph 27 (removal or immobilisation of motor vehicles) shall be renumbered as sub-paragraph (1) of that paragraph and amended as follows.

(2) After paragraph (a) insert— (aa) the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted;".

(3) Insert at the end "and (e) the sale or destruction of motor vehicles not released.

(2) A person who removes or interferes with an immobilisation notice in contravention of provision made by virtue of sub-paragraph (1) above is guilty of an offence.

(3) A person who removes or attempts to remove an immobilisation device fixed to a motor vehicle in accordance with provision made by virtue of sub-paragraph (1) above in contravention of such provision is guilty of an offence.

(4) A person who intentionally obstructs a person exercising any power conferred on him by provision made by virtue of sub-paragraph (1) above is guilty of an offence.

(5) A person guilty of an offence under sub-paragraph (2) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) A person guilty of an offence under sub-paragraph (3) or (4) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.".'.

No. 247, in page 194, line 37, at end insert—

'( ) In that sub-paragraph, in the definition of "net proceeds", for the words from ", means" to the end substitute "and a financial year, means the amount (if any) by which—

  1. (a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed
  2. (b) the expenses incurred for or in connection with the scheme which are so attributable;".'.

No. 248, in page 194, line 40, at end insert—

'( ) For sub-paragraph (2) substitute— (2) For the purposes of this Schedule—

  1. (a) the amounts received under or in connection with a licensing scheme, and
  2. (b) the expenses incurred for or in connection with such a scheme,
and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.".'.

No. 249, in page 195, line 10, leave out "to (5)" and insert "and (3)".

No. 250, in page 195, line 11, leave out "and costs".

No. 251, in page 195, line 12, leave out "(3)" and insert "(3)(b)".

No. 252, in page 195, line 12, at end insert— '(5) Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a licensing scheme—

  1. (a) the costs of the inquiry shall be paid by the licensing authority; and
  2. (b) the parties at the inquiry shall bear their own costs.'.

No. 253, in page 195, line 22, at end insert—

'In paragraph 17(3) and (4) (exemptions, reduced rates etc.), after "(2) above" insert "and to paragraphs 7 and 9 above".'.

No. 254, in page 195, line 37, leave out— 'In paragraph 21(5)(b) (dealing with surpluses)' and insert—

'(1) Paragraph 21 (accounts and funds) is amended as follows.

(2) In sub-paragraphs (1) and (2), for "of their income and expenditure in respect of substitute "relating to".

(3) In sub-paragraph (3)—

  1. (a) for the words from the beginning to "each" substitute "Each", and
  2. (b) for "that year" substitute "each financial year".

(4) After that sub-paragraph insert— (4A) Regulations may make further provision relating to—

  1. (a) accounts required to be kept under sub-paragraph (1) or (2) (including provision requiring or allowing the keeping of consolidated accounts relating to more than one licensing scheme), and
  2. (b) the preparation and publication of statements of such accounts."

(5) In sub-paragraph (5)(b)'.—[Mr. Robert Ainsworth.]

Forward to