Friday, 18 August 2023

ULEZ - expands 29 August 2023

 


The image shows the boundary of the Ultra Low Emission Zone (ULEZ) that will apply in Greater London from 29 August 2023.

Details of the scheme are at ULEZ Expansion 2023 - Transport for London (tfl.gov.uk) with more useful information at ULEZ Map - London ULEZ Map 2023

Ulez: What is it and why is its expansion controversial? - BBC News

Legal power:

The power to implement the scheme is in the Greater London Authority Act 1999 - in particular Part IV (Transport).

This is complex legislation in spades. Part IV divides into 16 Parts and it is Part XV that deals with "New Charges and Levies."

Part XV only contains sections 295 and 296 but leads us to the lengthy Schedule 23 (Road User Charging).

Powers of the Mayor:

Part IV begins with section 141 which places a general transport duty on the Mayor to develop and implement policies for the promotion and encouragement of safe, integrated, efficient and economic transport facilities and services to, from and within Greater London.

Section 143 states


It has recently been claimed - (by Nigel Farage among others) - that section 143 gives the Secretary of State power to stop the ULEZ expansion.  A definitive interpretation of this section would require a court judgment but we can readily see that it is a somewhat limited power. First, the Mayor's transport strategy would have to be inconsistent with national policies relating to transport AND the inconsistency has to be detrimental to any area outside Greater London. The word AND in section 143(1) is important. Even then, the Secretary of State only has power to direct revisions to the transport strategy in order to remove the inconsistency.

High Court:

Earlier this year, a challenge to the Mayor's plans was brought by four London Borough Councils together with Surrey County Council but failed -

London Borough of Hillingdon & Ors, R (On the Application Of) v Mayor of London (Re ULEZ Expansion) [2023] EWHC 1972 (Admin) (28 July 2023) (bailii.org)

What did we learn from ULEZ court action? - BBC News

A Parliamentary Bill:

Greater London Authority Act 1999 (Amendment) Bill - Parliamentary Bills - UK Parliament was introduced to Parliament by Theresa Villers MP (Conservative). The Bill seeks to give the Secretary of State power to review and overturn decisions made by the Mayor of London relating to transport and to air quality.

This Bill is due a second reading in November. As things stand, it is unlikely to become law.

Mayoral Election:

An election is due in May 2024 at which voters will be able to express their view - London mayoral race 2024: The candidates standing for election - BBC News

General Election:

A general election is due under the terms of the Dissolution and Calling Of Parliament Act 2022. By section 4, if it has not been dissolved earlier, a Parliament dissolves at the beginning of the day that is the fifth anniversary of the day on which it first met. 

The result is that the latest date for a general election i23 January 2025.

Clean Air Zones:

Various Clean Air Zones are in operation in the UK - Clean Air Zones (CAZ) In The UK - The Ultimate Guide (2023) | Motorway These should not be confused with ULEZ.

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