Highways (Financing) Bill 2026-27

Opposition Amendment NC6

To move the following Clause—
“Support for small businesses and charities affected by roadworks
(1) This section applies where a person has been licensed to charge tolls under section 3 of this Act in return for securing works specified in the licence.
(2) The licencing authority must make provision for a proportion of toll revenue raised by the licence holder to be used for the purposes of providing—
(a) financial compensation, or
(b) equivalent support,
to any small business or charitable organisation that has incurred a detriment as a result of the undertaking of the works specified in the licence.
(3) This section applies where—
(a) such roadworks or closures have lasted, or are expected to last, for a period of six months or more, and
(b) any small business or charitable organisation suffers a material financial, access or other detriment resulting from the roadworks or closures.”

This new clause would introduce compensation for charities and small businesses when impacted by any medium to long-term infrastructure works resulting from this Act.

Opposition Amendment 96

Clause 66, page 44, line 20, at end insert— “(d) that the company has persistently or seriously failed to maintain statutory highway surface, safety, or infrastructure renewal standards, or to execute necessary capital reinvestment in the specified highway, such that user safety, journey reliability, or the long-term integrity of the specified highway is materially impaired.”

Government Amendment 90

Schedule 2, page 80, line 6, at end insert— “18A Paragraph 85 (discharge of administration order where administration ends) has effect as if, in sub-paragraph (1) (circumstances in which paragraph applies), paragraph (b) were omitted (together with the “and” at the end of paragraph (a)).”

Government Amendment 91

Schedule 2, page 80, line 23, after “jointly” insert “or concurrently”

Government Amendment 92

Schedule 2, page 81, line 1, after “section 76” insert “of the Highways (Financing) Act 2026”

Government Amendment 93

Schedule 2, page 81, line 5, leave out “85” and insert “85(1)(b) of that Act”

Government Amendment 94

Schedule 2, page 81, line 15, leave out paragraph (a) and insert— “(a) for sub-paragraph (2) (persons who may apply for appointment of additional administrator) there were substituted— “(2) An appointment under sub-paragraph (1) must be made by the court on the application of— (a) the Secretary of State, (b) with the consent of the Secretary of State, the ORR, or (c) the person or persons acting as the special administrator of the company.””

Government Amendment 95

Schedule 2, page 83, leave out lines 1 to 3

Government Amendment 89

Clause 88, page 60, line 29, at end insert— “(4) Collection and enforcement regulations may make provision as to the effect the imposition or payment of a penalty charge has in relation to any liability to conviction for an offence of refusing or failing to pay, or attempting to evade payment of, the toll.”

Opposition Amendment 46

Clause 1, page 1, line 15, leave out lines 15 to 18, and insert ”it is the Lower Thames Crossing.”

This amendment would restrict the application of the Bill to the Lower Thames Crossing.

Opposition Amendment 37

Clause 1, page 2, line 3 after “strategic” insert “and local”

This amendment expands the general duty of the ORR so that it must consider and avoid adverse impacts on local roads, as well as the strategic road network.

Opposition Amendment 47

Clause 1, page 2, line 5, leave out lines 5 and 6

This amendment would remove the ORR’s duty to have regard to contributing to sustainable development when carrying out its duties under the Act.

Opposition Amendment 48

Clause 2, page 2, line 39, leave out lines 39 and 40

This amendment would remove the Secretary of State’s duty to have regard to contributing to sustainable development when carrying out its duties under the Act.

Opposition Amendment 82

Clause 3, page 3, leave out lines 19 to 26

This amendment would ensure that licences could only be granted for the construction of new roads.

Opposition Amendment 44

Clause 3, page 3, line 20, at end insert “, provided that such improvement creates at least one additional continuous traffic lane along the entirety of the specified highway section.”

This amendment sets a strict physical threshold for what legally constitutes "increasing capacity", preventing minor roadworks, junction tweaks, or smart motorway conversions on existing roads from being used as a pretext for introducing tolls.

Opposition Amendment 81

Clause 3, page 3, line 31, at end insert—
“(3A) Where a highway specified in a proposed licence is to become a trunk road, the licensing authority must consult any relevant local highway authority, mayoral combined authority or combined county authority before granting the licence.”

This amendment would require consultation with relevant local and mayoral authorities before granting a licence for a road that is to become a trunk road.

Opposition Amendment 45

Clause 4, page 4, line 27, at end insert—
“(c) publish an independent assessment evaluating whether alternative transport investments, including rail and bus connectivity, could fulfil the transport requirements of the proposed licence.”

This amendment would require the Secretary of State and the ORR to evaluate whether alternative transport investment, including rail and bus, is needed and suitable before granting a license to upgrade or build new highways infrastructure.

Opposition Amendment 78

Clause 4, page 4, line 27, at end insert—
“(v) any mayoral combined authority, combined county authority or local highway authority whose area includes, or is likely to be affected by, a highway specified in the proposed licence.”

This amendment would require licensing authorities to send a copy of the notice to mayoral combined authorities, combined county authorities or local highway authorities who may be affected.

Opposition Amendment 49

Clause 6, page 6, line 3, at end insert—
“(4) The ORR must review each licence it issues at intervals of no more than five years, or at such shorter intervals as the ORR considers appropriate.
(5) The matters the review must examine include, but are not limited, to—
(a) whether the licence holder is abiding by the terms of the licence,
(b) the satisfaction of road users with the services provided by the licence holder,
(c) whether the tolls charged represent value for money for road users,
(d) the financial performance and resilience of the licence holder, including the returns generated from toll revenues, and
(e) the impact of the operation of the highway and the tolls charged on traffic volumes and congestion on surrounding roads.
(6) The ORR must publish the results of the review required under subsection (4).”

This amendment would require the ORR to review each licence every 5 years to ensure that the licence holder is providing a good service.

Opposition Amendment 39

Clause 7, page 6, line 11, at end insert—
“(c) a condition requiring the holder of the licence to compensate affected local highway authorities for extraordinary maintenance costs, traffic management or congestion mitigation arising from any increased traffic as a result of vehicles avoiding tolls on the chargeable highway.”

This amendment ensures that local authorities are compensated for the knock-on costs of increased traffic on local roads as a result of of drivers aiming to avoid the toll road.

Opposition Amendment 40

Clause 7, page 6, line 11, at end insert—
“(c) a condition requiring the holder of the licence to establish a scheme for issuing automatic partial or full refunds of tolls to users in the event of significant traffic delays as a result of roadworks on the specified highway.”

This amendment would ensure that license conditions must include automatic refunds for drivers who face severe delays as a result of roadworks.

Opposition Amendment 79

Clause 22, page 16, line 23, at end insert—
“(2A) Regulations under this section must ensure that—
(a) a single authority or licence holder is designated as responsible for litter clearance on each highway specified in a licence;
(b) the identity and contact details of that responsible body are published;
(c) members of the public may report litter and make complaints directly to that responsible body; and
(d) that the responsible body remains accountable for litter clearance notwithstanding any arrangements made with another person to carry out the work.”

This amendment would establish clear responsibility and public accountability for litter clearance on licenced highways.

Opposition Amendment 50

Clause 24, page 17, line 14, leave out lines 14 and 15

This amendment would remove the power of the Secretary of State to specify any circumstances in regulations about how tolls must be paid.

Opposition Amendment 51

Clause 24, page 17, line 20, leave out lines 20 and 21

This amendment would remove the power from a licence holder to specify equipment to be carried in or fitted to a road vehicle while it is on the highway.

Opposition Amendment 53

Clause 24, page 18, line 6, at end insert—
“(9) Before setting the levels of tolls to be charged, the holder of a licence must consult—
(a) road users likely to be affected,
(b) local businesses,
(c) local residents,
(d) local highway authorities whose areas may be affected.”

This amendment would require consultation before tolls can be charged.

Opposition Amendment 54

Clause 24, page 18, line 6, at end insert—
“(9) A tolling scheme made under this section may not come into force unless it has been approved by Parliament.
(10) On any occasion that the licence holder wishes to increase the level of a toll which is already being charged under a licence, this must be approved by Parliament.
(11) To meet the requirement in subsections (9) and (10), the Secretary of State must make regulations setting out the tolling scheme and levels of tolls to be charged under it.
(12) Regulations made under subsection (11) are subject to the affirmative procedure.”

This amendment would require parliamentary approval of road user charging under this Act on each occasion that it was implemented.

Opposition Amendment 41

Clause 25, page 18, line 14, at end insert “including a reduced rate from tolls for vehicles registered to Disabled Persons’ Badge holders;”

This amendment ensures that toll reductions for Blue Badge Holders in a statutory condition of a license, rather than to the discretion of license holders.

Opposition Amendment 42

Clause 25, page 18, line 26, at end insert—
“(1A) A tolling scheme must provide for lower tolls to be charged for residents living within an area in close proximity to the chargeable highway.
(1B) “Close proximity” under subsection (1A) is to be determined by the Secretary of State in consultation with the highest tier local authority in the areas through which the highway passes in regulations subject to the affirmative procedure.”

This amendment gives local residents a right to discounted tolls on toll roads that they would expect to use regularly due to geographic proximity.

Opposition Amendment 52

Clause 27, page 20, line 4, at end insert—
“(8) Regulations within subsection (4)(b) cannot set a penalty charge at more than £100 for the failure to pay a toll.”

This amendment would put a cap on the amount of penalty charges.

Opposition Amendment 55

Clause 29, page 20, line 34, leave out “holder of a licence” and insert “police.”

This amendment would ensure that powers for examining a road vehicle rested with the police, rather than the licence holder.

Opposition Amendment 56

Clause 29, page 21, line 11, leave out “holder of a licence” and insert “police.”

This amendment would ensure that powers for entering a road vehicle rested with the police, rather than the licence holder.

Opposition Amendment 57

Clause 29, page 21, line 31, leave out “holder of a licence” and insert “police.”

This amendment would ensure that powers for seizing anything from a road vehicle rested with the police, rather than the licence holder.

Opposition Amendment 58

Clause 30, page 21, line 40, leave out “holder of a licence” and insert “police.”

This amendment would ensure that powers for immobilising vehicles rested with the police.

Opposition Amendment 43

Clause 30, page 22, line 8, at the end insert—
“(2) Powers under subsection (1) may only be exercised where—
(a) The outstanding toll debt and unpaid penalty charges exceed a minimum threshold prescribed in regulations subject to the affirmative procedure; and
(b) The registered keeper has been issued a formal written notice of intention at least 28 days prior to enforcement.”

This amendment creates statutory guardrails around private enforcement action, ensuring drivers cannot have their vehicles clamped or confiscated over minor infringements or without due notice.

Opposition Amendment 85

Clause 35, page 24, line 21, leave out “may” and insert “must”

Opposition Amendment 65

Clause 35, page 24, line 37, at end insert—
“(3) Regulations made under subsection (1), must include a disputes and appeals system such as that used for parking fines, including –
(a) an initial appeal to the licence holder, and
(b) where that appeal is rejected, the option of a referral to an independent adjudicator.
(4) The Lord Chancellor may not make regulations under subsection (1) which require courts or tribunals to adjudicate disputes, appeals and evidence under this Part.”

This amendment would require the appeals system for penalty charges to mirror that for parking fines.

Opposition Amendment 80

Page 28, line 29, leave out Clause 42

This amendment would remove the contravention notice procedure, allowing the ORR to proceed directly to enforcement against licence holders.

Opposition Amendment 75

Clause 79, page 52, line 24, at end insert—
“(1A) A requirement imposed under subsection (1) must be reasonable and proportionate to the exercise of the relevant function.
(1B) A notice under subsection (1) must specify the purpose for which the information is required and explain why the authority considers the requirement necessary.”

This amendment requires the licence holder to exercise the powers to require information in a manner which is proportionate and limited to what is necessary.

Opposition Amendment 76

Clause 80, page 54, line 16, leave out lines 16 to 20 and insert—
“(2) An appropriate authority may disclose information obtained under section 79 to another public authority, or to a person exercising functions connected with this Act, only where the disclosure is necessary and proportionate for the exercise of those functions.”

This amendment would require information sharing to be limited to what is necessary.

Opposition Amendment 77

Clause 80, page 54, line 21, leave out “may exclude” and insert “must exclude, unless its disclosure is necessary and proportionate for the exercise of a relevant statutory function,”

This amendment would prevent commercially sensitive information being disclosed unless it was necessary.

Opposition Amendment 66

Page 56, line 5, leave out Clause 83

This amendment would prevent the Stakeholder Group from being created.

Opposition Amendment 38

Clause 84, page 56, line 34, after “Group” insert “local authority representatives, as well as”

This amendment ensures local authorities have statutory representation on the ORR stakeholder group.

Opposition Amendment 67

Page 56, line 33, leave out Clause 84

This amendment is consequential on the amendment to prevent the Stakeholder Group from being created.

Opposition Amendment 83

Clause 88, page 60, line 29, at end insert—
“(4) Collection and enforcement regulations which provide for penalty charges must provide that, where the vehicle was at the relevant time let under a hiring or leasing agreement, the charge is payable by the hirer or lessee.”

This amendment would require liability for unpaid toll penalty charges to be transferred from the registered keeper to the hirer or lessee where a vehicle is subject to a hiring or leasing agreement.

Opposition Amendment 84

Clause 96, page 64, line 20, leave out “may” and insert “must”

Opposition Amendment NC3

To move the following Clause—
“Airport operators and surface access obligations
(1) Where the ORR designates a licence holder under this Act who controls access to an airport, the licence holder may not use road user charging under the licence as part of the airport’s strategy to meet its surface access obligations.
(2) For the purposes of this section, “surface access obligations” means any requirement or target to reduce journeys to or from an airport by private car, taxi, or private hire vehicle, or increase the use of alternative transport.”

This new clause would prevent road user charging by licence holders to enable airports to meet their surface access obligations.

Opposition Amendment NC4

To move the following Clause—
“Use of vehicles, machinery and equipment for constructing, maintaining and improving the highway
A licence holder responsible for constructing, maintaining, or improving a highway under this Act may not prohibit the use of diesel-powered vehicles, machinery or equipment in the said works, or operate a policy that prioritises the use of electric, HVO or hydrogen powered equipment and machinery, or which prohibits the use of diesel vehicles, unless they can demonstrate a compelling value for money and efficiency case to the ORR.”

This new clause would prevent licence holders from prioritising electric, HVO and hydrogen powered equipment and machinery, or ban diesel vehicles without evidence that this would be more efficient and better value for money.

Opposition Amendment NC5

To move the following Clause—
“Report on the comparative regulatory functions of the ORR in respect of roads and railways
(1) The Secretary of State must, within six months of the passing of this Act, publish a report comparing—
(a) the regulatory functions and powers conferred on the ORR under this Act;
(b) the regulatory functions and powers exercised by the ORR in relation to the railway network, including its proposed role in relation to Great British Railways; and
(c) the extent of the ORR's independence from the Secretary of State in exercising its functions in relation to highways and railways respectively.
(2) The report under subsection (1) must explain the reasons for any differences in the regulatory arrangements for highways and railways.”

This new clause would require the Secretary of State to publish a report setting out the differences between the regulatory functions given to the ORR for road and rail and the reasons for these differences.

Opposition Amendment 59

Clause 100, page 66, line 32, at end insert—
“(f) regulations under section 27(1) (enforcement of tolls: penalty charges)”

This amendment would ensure that regulations about penalty charges were subject to the affirmative procedure.

Opposition Amendment 60

Clause 100, page 66, line 32, at end insert—
“(f) regulations under section 29(1) (powers to examine a road vehicle).”

This amendment would ensure that regulations about examining a road vehicle were subject to the affirmative procedure.

Opposition Amendment 61

Clause 100, page 66, line 32, at end insert—
“(f) regulations under section 29(2) (powers to enter a road vehicle).”

This amendment would ensure that regulations about entering a road vehicle were subject to the affirmative procedure.

Opposition Amendment 62

Clause 100, page 66, line 32, at end insert—
“(f) regulations under section 29(5) (powers of seizure).”

This amendment would ensure that regulations about seizing evidence from a road vehicle were subject to the affirmative procedure.

Opposition Amendment 63

Clause 100, page 66, line 32, at end insert—
“(f) regulations under section 30(1) (powers of immobilisation).”

This amendment would ensure that regulations immobilising and destroying road vehicles were subject to the affirmative procedure.

Opposition Amendment 64

Clause 100, page 66, line 32, at end insert—
“(f) regulations under section 35(2) (disputes, appeals and evidence).”

This amendment would ensure that regulations made by the Lord Chancellor setting out the process for disputes, appeals and evidence relating to the charging of tolls were subject to the affirmative procedure.

Opposition Amendment 68

Clause 103, page 67, line 18, leave out lines 18 to 21 and insert “after the Secretary of State has published its guidance to the ORR under section 1(5).”

This amendment prevents the Act from coming into force until the Secretary of State has published the guidance to the ORR on how it must undertake its regulatory functions under the Act.

Opposition Amendment 69

Clause 103, page 67, line 18, leave out lines 18 to 21 and insert “after the ORR has published its code relating to the charging of tolls under section 26.”

This amendment would prevent the Act from coming into force until the ORR has published its code relating to the charging of tolls.

Opposition Amendment 70

Clause 103, page 67, line 18, leave out lines 18 to 21 and insert “after the Lord Chancellor has published the scheme for disputes, appeals and penalties under section 35.”

This amendment would prevent the Act from coming into force until after the Lord Chancellor has published details of the operation of the process of disputes and appeals.

Opposition Amendment 71

Clause 103, page 67, line 18, leave out lines 18 to 21 and insert “after the Secretary of State has published details of the policy on penalty charges required by section 27.”

This amendment would prevent the Act from coming into force until after the Secretary of State had published details of the proposed scheme for the enforcement of penalty charges.

Opposition Amendment 72

Clause 103, page 67, line 18, leave out lines 18 to 21 and insert “after the Secretary of State has published a report setting out the proposed licence conditions including proposed arrangements for setting toll levels and approving any increases.”

This amendment would prevent the Act from coming into force until after the Secretary of State has published a report setting out the proposed licence conditions including tolling arrangements.

Opposition Amendment 73

Clause 103, page 67, line 18, leave out lines 18 to 21 and insert “after the Secretary of State has published a report setting out the proposed financial model for highways licenced under this Act, including the circumstances where financial assistance may be provided under section 85 including any liabilities falling onto taxpayer.”

This amendment would prevent the Act coming into force until after the Secretary of State has published the proposed financial model for highways licenced under the Act.

Opposition Amendment 74

Clause 103, page 67, line 18, leave out lines 18 to 21 and insert “after the Secretary of State has published guidance about how the powers in section 29 and section 30 will be exercised by licence holders.”

This amendment would prevent the Act from coming into force until the Secretary of State has published guidance about the exercise of the powers in sections 29 and 30 of this Act.

Opposition Amendment 87

Clause 4, page 4, line 27, at end insert—
“(c) prepare, consult upon, and publish a report assessing—
(i) the anticipated impact of the specified highway on traffic volumes, congestion, and highway wear across local road networks maintained by adjacent local highway authorities; and
(ii) the specific traffic management, infrastructure, and financial mitigation measures required to address any adverse impacts identified under subparagraph (i).”

This amendment requires the licensing authority to publish a comprehensive local road impact and mitigation report prior to granting any licence, ensuring that traffic displacement onto surrounding local council roads is fully evaluated and mitigated in advance.

Opposition Amendment 88

Clause 29, page 21, line 23, at end insert—
“(2A) Regulations under subsection (2) may not authorise a person to enter or search a road vehicle, or seize items therefrom, except—
(a) under the authority of a warrant issued by a Justice of the Peace; or
(b) in the presence and under the direction of a police constable.”

This amendment aligns enforcement powers with standard civil debt procedure under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 by ensuring that private toll operators or contracted enforcement agents cannot enter or search private vehicles without a judicial warrant issued by a magistrate or police oversight.

Opposition Amendment 86

Clause 58, page 39, line 32, at end insert—
“(4) Sums recovered by the ORR under subsection (3), or otherwise received by virtue of financial penalties imposed under this Part, must be paid to local highway authorities in England for the purpose of funding local road maintenance, resurfacing, and pothole repairs.
(5) The Secretary of State must by regulations establish a scheme for the allocation and distribution of sums under subsection (4) to local highway authorities, prioritising authorities whose local road networks are adjacent to, or impacted by traffic using or avoiding, a highway specified in a licence.”

This amendment means that financial penalties recovered by the ORR from private toll road operators are distributed directly to local councils to repair local potholes and resurface neighbourhood streets.

Government Amendment 1

Clause 8, page 7, line 23, leave out paragraph (l)

This amendment removes paragraph (l) from clause 8(2) because the provision is considered unnecessary.

Government Amendment 2

Clause 11, page 10, line 13, at end insert—
“(9) Nothing in this section prevents the modification of a licence by a scheme—
(a) under paragraph 1 of Schedule 1 (transfer schemes) in reliance on paragraph 2A(3)(b) of that Schedule, or
(b) under paragraph 1 of Schedule 3 (highways administration transfer schemes) in reliance on paragraph 5(6)(b) of that Schedule.”

This amendment is consequential on amendments 29 and 35.

Government Amendment 3

Clause 14, page 11, line 21, after “terms” insert “or conditions”

This amendment clarifies that a transfer of a licence must be in accordance with any conditions of a licence relating to its transfer (as well as any terms).

Government Amendment 4

Clause 14, page 11, line 38, after first “under” insert “a transfer scheme made under Schedule 1 or”

This amendment is consequential on amendment 29.

Government Amendment 22

Schedule 1, page 68, line 7, after “company” insert “, a subsidiary of a strategic highways company,”

This amendment is consequential on amendment 23, which allows for a transfer scheme to provide for transfers from a strategic highways company to a subsidiary of a strategic highways company.

Government Amendment 23

Schedule 1, page 68, line 9, after first “to” insert “—
(i) a subsidiary of a strategic highways company, or”

This amendment allows for a transfer scheme to provide for transfers from a strategic highways company to a subsidiary of a strategic highways company.

Government Amendment 24

Schedule 1, page 68, line 10, at end insert—
“(ba) from a subsidiary of a strategic highways company to a person who holds, or is to hold, a licence;”

This amendment allows for a transfer scheme to provide for transfers from a subsidiary of a strategic highways company to a licence holder or prospective licence holder.

Government Amendment 25

Schedule 1, page 68, line 13, after “company” insert “or a subsidiary of a strategic highways company”

This amendment is consequential on amendment 26 (which leaves out provision that a reference to a strategic highways company includes a reference to its subsidiary).

Government Amendment 26

Schedule 1, page 68, line 18, leave out sub-paragraph (2) and insert—
(2)In sub-paragraph (1) “subsidiary” has the same meaning as in the Companies Act 2006 (see section 1159 of that Act).”

This amendment is consequential on amendments 23 and 24.

Government Amendment 27

Schedule 1, page 68, line 36, after “date” insert “or dates”

This amendment clarifies that different parts of a transfer scheme may come into effect at different times.

Government Amendment 28

Schedule 1, page 69, line 10, at end insert—
“1A (1)The power to make a transfer scheme within paragraph 1(1)(c) is exercisable only if the Secretary of State obtains the consent of—
(a)in the case of a transfer within paragraph 1(1)(c)(i) or (ii), the proposed transferor;
(b)in the case of a transfer within paragraph 1(1)(c)(iii) or (iv), the proposed transferor and the proposed transferee.
(2)The consent of the proposed transferor to the making of a transfer scheme is not required where the scheme is made in connection with or in pursuance of the revocation or expiry of a licence.
(3)In this paragraph “proposed transferor”, in relation to a transfer scheme proposed to be made, means the person who is proposed to be the transferor; and “proposed transferee” is to be read accordingly.”

This amendment clarifies the circumstances in which a transfer scheme may be made under paragraph 1(1)(c) of Schedule 1.

Government Amendment 29

Schedule 1, page 70, line 20, at end insert—
“2A (1)A transfer scheme may include provision for the transfer of a licence held by the transferor to the transferee.
(2)Provision under sub-paragraph (1) may relate to the whole or any part of the licence.
(3)Where a transfer scheme provides for the transfer of a part of a licence, the scheme may include provision—
(a)apportioning rights or liabilities under the licence;
(b)making incidental modifications to the terms and conditions of the licence.”

This amendment provides that a transfer scheme may include provision for the transfer of the whole or part of a licence.

Government Amendment 30

Schedule 1, page 70, line 23, after “State” insert “or the transferee”

This amendment provides that a transfer scheme may provide for compensation to be payable by the transferee, in relation to the scheme, as well as by the Secretary of State.

Government Amendment 31

Schedule 1, page 70, line 23, leave out “any person, other than the transferor or transferee,” and insert “the transferor or any person”

This amendment provides that a transfer scheme may provide for compensation to be payable to the transferor as well as any third party whose interests are adversely affected by the scheme.

Government Amendment 5

Clause 25, page 18, line 22, after “charge” insert “in respect of a failure to pay a toll”

This amendment clarifies that provision in a tolling scheme about rates of penalty charges is limited to penalty charges in respect of non-payment of tolls.

None 36

Clause 25, page 18, line 38, at end insert—
“(5) The holder of a licence must ensure that—
(a) the amount of a toll specified in a tolling scheme is equal to the amount of any corresponding toll charged for the use of similar road infrastructure;
(b) the amount of a toll specified in a tolling scheme is set at an affordable rate through consultation with the local authority and persons who pay the charge frequently.
(6) Similar road infrastructure under paragraph (5)(a) means road infrastructure serving similar geographic areas or fulfilling the same, or similar, purposes.”

This amendment would require tolls specified in a licence holder’s tolling scheme to be affordable and equal to corresponding tolls charged for the use of comparable road infrastructure serving the same or substantially similar geographical areas.

Government Amendment 6

Clause 27, page 19, line 16, leave out “this section” and insert “subsection (1)”

This amendment is consequential on amendment 10.

Government Amendment 7

Clause 27, page 19, line 22, leave out paragraph (a)

This amendment is consequential on amendment 10.

Government Amendment 8

Clause 27, page 19, line 28, leave out paragraph (e)

This amendment is consequential on amendment 10.

Government Amendment 9

Clause 27, page 19, line 38, at end insert—
“(6A) Regulations under subsection (1) which make provision for the imposition of a penalty charge must specify whether the charge is payable in addition to the toll in respect of which the charge is payable or instead of it.”

This amendment ensures that a requirement to pay a toll may remain in force (and therefore be recoverable as a civil debt under clause 24) even where a penalty charge is imposed in respect of the toll.

Government Amendment 10

Clause 27, page 19, line 38, at end insert—
“(6B) The Lord Chancellor may make regulations about the notification and enforcement of penalty charges.”

This amendment provides that regulations about the notification and enforcement of a penalty charge in respect of a toll are to be made by the Lord Chancellor (instead of by the Secretary of State).

Government Amendment 11

Clause 28, page 20, line 17, after “toll” insert “or of a penalty charge imposed in accordance with regulations under section 27(1)”

This amendment and amendment 12 widen the offence under clause 28(3) to cases where a person seeks to avoid payment of a penalty charge for non-payment of a toll.

Government Amendment 12

Clause 28, page 20, line 18, after “toll” insert “or a penalty charge mentioned in paragraph (a)”

See the explanatory statement for amendment 11.

Government Amendment 13

Clause 28, page 20, line 23, at end insert—
“(4A) A person commits an offence if the person removes a notice of a penalty charge imposed in accordance with regulations under section 27(1) which has been fixed to a road vehicle in accordance with regulations under section 27(6B) unless—
(a) the person is the registered keeper of the vehicle or a person using the vehicle with the registered keeper’s authority, or
(b) the person does so under the authority of the registered keeper or such a person or of the holder of a licence.
(4B) A person who commits an offence under subsection (4A) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.”

This amendment creates an offence where a person removes a notice of a penalty charge from a vehicle without lawful authority.

Government Amendment 14

Clause 32, page 22, line 34, after “obligation” insert “or restriction”

This amendment widens clause 32(1)(a) to cover failure to comply with a restriction imposed by or under Part 3 (for example, the restriction under clause 24(1) relating to charging of tolls).

Government Amendment 15

Clause 32, page 22, line 36, leave out paragraph (b) and insert—
“(b) is contravening or has contravened a condition included in the licence by virtue of section 7(1)(a) (conditions relating to tolling).”

This amendment widens the application of clause 32 to cover a case where the ORR reasonably believes the holder of a licence is contravening or has contravened a condition included in the licence under clause 7(1)(a).

Government Amendment 16

Clause 32, page 23, line 1, leave out subsections (2) and (3) and insert—
“(2) In a case within subsection (1)(a), the ORR—
(a) may proceed for the purposes of Part 4 as if it had reasonable grounds for believing that the holder of the licence is contravening or has contravened a condition of the licence, and
(b) may (in addition to any powers it exercises under Part 4) give a direction prohibiting the holder of the licence from charging and collecting tolls in respect of a chargeable highway until the failure is remedied.
(3) In a case within subsection (1)(b), the ORR may (in addition to any powers it exercises under Part 4) give a direction prohibiting the holder of the licence from charging and collecting tolls in respect of a chargeable highway until the ORR is satisfied that—
(a) the contravention of the condition has ceased, or
(b) no such contravention occurred.”

This amendment clarifies the ORR’s enforcement powers under clause 32 and enables it to prohibit charging and collection of tolls where it believes the holder of a licence has contravened or is contravening a condition included in the licence under clause 7(1)(a).

Government Amendment 17

Clause 32, page 23, line 11, leave out “(3)” and insert “(2)(b) or (3)”

This amendment is consequential on amendment 16.

Government Amendment 18

Clause 54, page 37, line 31, at end insert—
“(d) where P is not a company registered under the Companies Act 2006.”

This amendment provides that where a person on whom a penalty is imposed under clause 50 is not a company, the qualifying period in respect of which the person’s turnover is calculated is set out in clause 54(5).

Government Amendment 19

Clause 54, page 38, line 1, leave out subsection (6)

This amendment removes subsection (6) of clause 54, which is no longer considered to be necessary.

Government Amendment 32

Schedule 3, page 88, line 19, leave out paragraph (e)

This amendment removes the ability for a highways administration transfer scheme to provide for the transfer of criminal liabilities.

Government Amendment 33

Schedule 3, page 89, line 35, leave out paragraph (a)

This amendment would remove the company from which rights or liabilities are to be transferred under a highways administration transfer scheme from the list of persons who may bring civil proceedings to enforce a requirement imposed by the scheme.

Government Amendment 34

Schedule 3, page 90, line 7, after “terms” insert “or conditions”

This amendment clarifies that a transfer of a licence must be in accordance with any conditions of the licence relating to its transfer (as well as any terms).

Government Amendment 35

Schedule 3, page 90, line 22, at end insert—
(6)Where a highways administration transfer scheme provides for the transfer of a part of a licence, the scheme may include provision—
(a)apportioning rights or liabilities under the licence;
(b)making incidental modifications to the terms and conditions of the licence.”

This amendment makes provision in connection with the transfer of a part of a licence in pursuance of provision made by a highways administration transfer scheme.

Government Amendment 20

Clause 88, page 60, line 21, leave out from “fees)” to end of line 23

See the explanatory statement for amendment 21.

Government Amendment 21

Clause 96, page 64, line 19, at end insert—
“(A1) The Lord Chancellor may by regulations make provision for and in connection with the notification and enforcement of penalty charges.”

This amendment, together with amendment 20, means that the power to make regulations in connection with notification and enforcement of penalty charges provided for by collection and enforcement regulations under clause 87 is exercisable by the Lord Chancellor.

Government Amendment NC1

To move the following Clause—
“Other penalty charges
(1) The Secretary of State may by regulations make provision—
(a) conferring powers on the holder of a licence for or in connection with the imposition of penalty charges in relation to a matter specified in subsection (2);
(b) for or in connection with the rates of penalty charges imposed in accordance with provision within paragraph (a);
(c) about the timing and method of payment of such a penalty charge;
(d) about the person by whom such a penalty charge must be paid;
(e) about the collection or provision of information and evidence in connection with the imposition of such a penalty charge.
(2) The matters referred to in subsection (1)(a) are—
(a) a failure to display a document, or carry or fit equipment, in accordance with a requirement imposed under section 24(3);
(b) the release of a road vehicle from an immobilisation device fitted in accordance with regulations under section 30(1);
(c) the removal and storage of a road vehicle in accordance with regulations under section 30(1);
(d) the release of a road vehicle from storage in accordance with regulations under section 30(1);
(e) the destruction of a road vehicle in accordance with regulations under section 30(1).
(3) Section 27(4) to (6) (provision about rates of penalty charge) applies to provision within subsection (1)(b) as it applies to regulations within section 27(2)(b).
(4) Regulations under subsection (1) which make provision for the imposition of a penalty charge must specify whether the charge is payable in addition to the toll in respect of which the charge is payable or instead of it.
(5) The Lord Chancellor may make regulations about the notification and enforcement of penalty charges imposed in accordance with provision within subsection (1)(a).
(6) If a person does not pay the whole or any part of a penalty charge imposed on the person in accordance with provision within subsection (1)(a) by the time specified for payment, the penalty charge or unpaid part is recoverable by the holder of the licence as a civil debt due to it.
(7) A person commits an offence if the person makes false representations (whether by using a false document or otherwise) with intent—
(a) to avoid payment of a penalty charge imposed in accordance with provision within subsection (1)(a), or
(b) to avoid being identified as having failed to pay such a penalty charge.
(8) A person who commits an offence under subsection (7) is liable on summary conviction to either or both of the following—
(a) imprisonment for a term not exceeding the maximum term for summary offences;
(b) a fine.
(9) A person commits an offence if the person removes a notice of a penalty charge which has been fixed to a road vehicle in accordance with regulations under subsection (5) unless—
(a) the person is the registered keeper of the vehicle or a person using the vehicle with the registered keeper’s authority, or
(b) the person does so under the authority of the registered keeper or such a person or of the holder of a licence.
(10) A person who commits an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.”

This new clause, which would be inserted after clause 30, provides for the imposition of penalty charges in respect of matters other than non-payment of tolls. It also provides for offences in relation to non-payment of such penalty charges.

None NC2

To move the following Clause—
“Local resident’s discount scheme
(1) A tolling scheme under section 25 must provide for a reduced rate of toll to qualifying local residents and workers.
(2) A person is a qualifying local resident or worker if the person—
(a) resides within the area of a relevant local authority, or
(b) has their principal place of employment within that area.
(3) In this section “relevant local authority” means a local authority whose area contains any part of the chargeable highway or is directly connected to the chargeable highway by the local road network.”

This new clause would require a tolling scheme under clause 25 to provide a reduced rate of toll for people who live or principally work within the area of a local authority containing any part of the chargeable highway.