Statutory Instruments
2020 No. 1444
Environmental Protection, England
Fees, England
The Clean Air Zones Central Services (Fees) (England) Regulations 2020
Made
4th December 2020
Laid before Parliament
7th December 2020
Coming into force
31st December 2020
The Secretary of State, with the consent of the Treasury and in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973( 1 ), makes the following Regulations.
Citation, commencement, extent and application
1. —(1) These Regulations may be cited as the Clean Air Zones Central Services (Fees) (England) Regulations 2020.
(2) They come into force on 31st December 2020.
(3) They extend to England and Wales, but apply in England only.
Interpretation
2. —(1) In these Regulations—
“charging scheme” has the meaning given in section 163(1) of the Transport Act 2000 ( 2 );
“charging authority” has the meaning given in section 163(5)(a) of the Transport Act 2000 ;
“charging authorities” has the meaning given in section 163(5)(b) of the Transport Act 2000 ;
“the clean air zones central services” means the services known as the clean air zones central services provided by or on behalf of the Secretary of State and which may provide in relation to a charging scheme one or more of the following services—
the provision of a website which allows persons to check whether they need to pay a charge in relation to a charging scheme and, if so, pay the charge via the website;
customer support to persons who may be subject to charges under a charging scheme;
support to a charging authority or charging authorities in relation to the introduction of a charging scheme;
“relevant charging authority” means a charging authority in respect of which each of the following conditions is satisfied—
Condition 1 is that the charging authority has been directed to make a charging scheme by the Secretary of State under section 85(5) of the Environment Act 1995 ( 3 ) (“the direction”);
Condition 2 is that the purpose or one of the purposes stated when the direction was given was to reduce levels of nitrogen dioxide to the second limit value specified in Schedule 2 to the Air Quality Standards Regulations 2010( 4 ) (averaging period of calendar years) in the geographical area for which the charging authority is responsible;
Condition 3 is that the charging authority has made a charging scheme;
Condition 4 is that the direction has not been revoked;
“relevant charging authorities” means charging authorities in respect of which each of the following conditions is satisfied—
Condition 1 is that the charging authorities have been directed to make a charging scheme by the Secretary of State under section 85(5) of the Environment Act 1995 (“the direction”);
Condition 2 is that the purpose or one of the purposes stated when the direction was given was to reduce levels of nitrogen dioxide to the second limit value specified in Schedule 2 to the Air Quality Standards Regulations 2010 (averaging period of calendar years) in the geographical area for which the charging authorities are responsible;
Condition 3 is that the charging authorities have made a charging scheme;
Condition 4 is that the direction has not been revoked.
(2) In the definitions of “relevant charging authority” and “relevant charging authorities” in paragraph (1), it does not matter whether—
(a) in respect of Condition 1, the direction was given before or after these Regulations come into force;
(b) in respect of Condition 3, the charging scheme was made before or after these Regulations come into force.
Fees—use of clean air zones central services
3. —(1) A relevant charging authority is, or relevant charging authorities are, liable to pay to the Secretary of State a fee—
(a) in the circumstances set out in paragraph (2), and
(b) of the amount specified in paragraph (3).
(2) The circumstances are when—
(a) a person pays one or more charges in relation to the charging scheme made by the relevant charging authority or relevant charging authorities (as the case may be) by a payment processed by the clean air zones central services (a “processed payment”);
(b) the processed payment is made in the period starting on 1st January 2021 and ending at the end of 31st March 2027.
(3) The amount is, in relation to a processed payment, £2 per charge covered by the processed payment.
(4) Liabilities under paragraph (1)—
(a) are payable on invoice by the Secretary of State,
(b) are recoverable as civil debts, and
(c) in respect of relevant charging authorities, are to be treated as joint and several liabilities.
Signed by authority of the Secretary of State for Transport
Rachel Maclean
Parliamentary Under Secretary of State
Department for Transport
4th December 2020
We consent
Maggie Throup
James Morris
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd December 2020
1973 c. 51 . Section 56(1) was amended by S.I. 2011/1043 and will be amended by section 23(5), and Schedule 8, paragraph 17, of the European Union (Withdrawal) Act 2018 (c. 16) .
2000 c. 38 . Section 163 was amended by section 103 of, and paragraphs 1 and 2 of Schedule 5 to, the Local Transport Act 2008 (c. 26) and paragraphs 95 and 102 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20) .
1995 c. 25 . Section 85 was amended by section 367 of the Greater London Authority Act 1999 (c. 29) and S.I. 2001/3719 and 2011/1043 . It will be amended by S.I. 2019/458 .