Hello Please kindly provide me with the list of legislation (including European Directives, Parliamentary Acts and Statutory Instruments) that the Mayor of London is relying on for the power to introduce the ULEZ in London.

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TfL Ref: 4494-1718

Thank you for your request received by Transport for London (TfL) on 12 February 2018 asking for information about the introduction of the Ultra Low Emission Zone (ULEZ).

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm that we hold the information you require.  You asked: Please kindly provide me with the list of legislation (including European Directives, Parliamentary Acts and Statutory Instruments) that the Mayor of London is relying on for the power to introduce the ULEZ in London.

UK legislation

The Ultra Low Emission Zone (ULEZ) is a road user charging scheme made under section 295 and Schedule 23 of the Greater London Authority Act 1999, as amended.  Road user charging schemes are established by the making of a scheme order by TfL, in its capacity as a charging authority under schedule 23, which must be subject to public consultation and must also confirmed by the Mayor of London (with or without modification) before they can come into force.  Subsequent changes by “variation orders” follow the same process.  A copy of Schedule 23 (as amended) can be found at: http://www.legislation.gov.uk/ukpga/1999/29/schedule/23

TfL Scheme Orders

TfL is a charging authority for Greater London and made the road user charging scheme order that creates the ULEZ.  This was done by incorporating the necessary changes into the existing scheme order that established the London Low Emission Zone (LEZ), which is the Greater London Low Emission Zone Charging Scheme.  That Scheme is contained in a schedule to the Greater London Low Emission Zone Charging Scheme Order 2006 (“the 2006 Order”, as amended).  This was done by the Greater London Low Emission Zone Charging (Variation and Transitional Provision) Order 2014 (“the ULEZ Order 2014”).  That variation order was made by TfL on 22 October 2014, consulted on between 27 October 2014 and 9 January 2015, and confirmed by the Mayor on 23 March 2015 with modifications. The ULEZ was originally due to commence in central London on 7 September 2020.  Further changes, principally to bring forward the start date of the ULEZ in central London to 8 April 2019, were set out in the Greater London Low Emission Zone Charging (Variation and Transitional Provisions) Order 2017 (“the ULEZ Acceleration Order”).  This variation order was made by TfL on 30 March 2017, consulted on between 4 April 2017 and 25 June 2017, and confirmed by the Mayor of London on 2 November 2017. 

A copy of the 2006 Order in its current form (i.e. as amended by both the ULEZ Order 2014 and the ULEZ Acceleration Order 2017) can be found at: http://content.tfl.gov.uk/lez-scheme-order.pdf

TfL is proposing to make further changes to the ULEZ, principally by (1) introducing a Euro VI emissions standard London-wide for heavy duty vehicles (buses, coaches, Heavy Goods Vehicles (HGVs) and other specialist heavy vehicles) from 26 October 2020 and (2) expanding the current central London area of the ULEZ for light duty vehicles (such as cars, vans and motorcycles)to Inner London so that all vehicles within an area roughly up to the North/ South Circular) are subject to emissions standards from 25 October 2021.  This is currently subject to a public consultation which closes on 28 February 2018.  This consultation contains the Draft Greater London Low Emission Zone Charging (Variation and Transitional Provisions) Order 2018, which sets out the necessary proposed changes to the 2006 Order (as amended) to bring these latest proposals into effect. This can be found at: https://consultations.tfl.gov.uk/environment/air-quality-consultation-phase-3b/user_uploads/suporting-information-document-updated-12.12.17.pdf 

Other supporting subordinate legislation

Road User Charging (Charges and Penalty Charges) (London) Regulations 2001 (SI 2001/2285 as amended)

Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (SI 2001/2313 as amended)

Road User Charging and Workplace Parking Levy (Net Proceeds) (England) Regulations 2003 (SI 2003/110 as amended)

European legislation

The ULEZ aims to contribute to London meeting legal limits under EU legislation for Nitrogen Dioxide and Particulate Matter.  The relevant European legislation concerning limit values is the Ambient Air Quality Directive (2008/ 50/ EC) which can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32008L0050:EN:NOT  Also  relevant is Directive 2004/107/EC relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air which can be found at http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32004L0107

If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.

Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.

Yours sincerely

Sara Thomas

FOI Case Management Team

General Counsel

Transport for London

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