Vehicle emissions Section 22 – Trunk road charging schemes
113.Section 22 of the Act amends section 167 of the Transport Act 2000 (3)(c. 38) (referred to as “the 2000 Act” in these Explanatory Notes), which sets out the circumstances in which the Welsh Ministers may make trunk road charging schemes.
114.Section 22(2)(a) amends section 167(2) of the 2000 Act so that it applies only to a charging scheme made by the Secretary of State, and no longer applies to a charging scheme made by the Welsh Ministers.
115.Section 22(2)(b) inserts new subsections (3) and (4) into section 167 of the 2000 Act. These subsections apply to trunk road charging schemes made by the Welsh Ministers.
116.Subsection (3) sets out the circumstances in which the Welsh Ministers may make a trunk road charging scheme. The circumstances set out in subsection (3)(a) and (c) are similar to the circumstances in which the Welsh Ministers were already able to make such charging schemes. However, subsection (3)(b) adds a new set of circumstances in which the Welsh Ministers may make a trunk road charging scheme: the Welsh Ministers may now make a scheme if the purpose of the scheme is to reduce or limit air pollution in the vicinity of that road. The new subsection (4) provides that subsection (3)(b) does not prevent a scheme being made under subsection (3)(c) for the purpose of reducing or limiting air pollution.