division_name: Traffic Management Bill
motion: <p pid="a.971.0/1" pwmotiontext="moved">moved Amendment No. 21:</p>
  
  <p class="indent" pid="a.971.0/2" pwmotiontext="moved">After Clause 84, insert the following new clause&#8212;</p>
  
  <p pid="a.971.0/3" pwmotiontext="moved">"PUBLIC CONSULTATION ON THE LONDON CONGESTION CHARGE</p>
  
  <p pid="a.971.0/4" pwmotiontext="moved">(1) Section 295 of the Greater London Authority Act 1999 (c. 29) (road user charging) is amended as follows.</p>
  
  <p pid="a.971.0/5" pwmotiontext="moved">(2) After subsection (1) there is inserted&#8212;</p>
  
  <p pid="a.971.0/6" pwmotiontext="moved">"(1A) After the coming into force of section (Public consultation on the London Congestion Charge) of the Traffic Management Act 2004, the Mayor of London and Transport for London may not establish, extend or operate a scheme under subsection (1) above unless the scheme has been approved by a majority of the residents of any London borough proposed to be included, wholly or in part, in the charging area.</p>
  
  <p pid="a.971.0/7" pwmotiontext="moved">(1B) The approval of a scheme mentioned in subsection (1A) shall be determined by&#8212;</p>
  
  <p pid="a.971.0/8" pwmotiontext="moved">(a) a local referendum conducted by the borough concerned under section 116 of the Local Government Act 2003 (c. 26) (local polls); and</p>
  
  <p pid="a.971.0/9" pwmotiontext="moved">(b) where at least 50 per cent of the residents of the borough concerned have voted in that referendum.</p>
  
  <p pid="a.971.0/10" pwmotiontext="moved">(1C) Subsection (1A) shall not apply in the case of a scheme already in operation, but Transport for London shall take into account the result of any referendum that may be conducted by a borough in which such a scheme is in operation in determining&#8212;</p>
  
  <p pid="a.971.0/11" pwmotiontext="moved">(a) whether it is reasonable to continue to operate an existing scheme concerned; or</p>
  
  <p pid="a.971.0/12" pwmotiontext="moved">(b) whether the existing scheme shall be modified."</p>
  
  <p pid="a.971.0/13" pwmotiontext="moved">(3) After paragraph 3 of Schedule 23 (road user charging) there is inserted&#8212;</p>
  
  <p pid="a.971.0/14" pwmotiontext="moved">"3A. A charging scheme may only be made by the Mayor if it is also approved by the council of the borough or boroughs, included wholly or partly within the boundaries of the scheme, following a referendum conducted by the borough or boroughs concerned under section 116 of the Local Government Act 2003.""</p>
  
  <p pid="a.980.3/1" pwmotiontext="considered">On Question, Whether the said amendment (No. 21) shall be agreed to?</p>
  
  <p pid="a.980.3/2" pwmotiontext="divided">Their Lordships divided: Contents, 90; Not-Contents, 132.</p>