TROs would need to apply. This may represent too short a window for the measure to achieve its purpose, given that delivery companies often operate outside, for instance, a 09:00-17:00 working day and, thus, the relevant legislation may need to be changed to amend the TRO Restrictions or a further restriction would need to apply in order to give the purpose the best chance of being achieved.
Further restriction could apply in the form of a charge for delivery vehicles to enter the city centre at times other than those in which they were prohibited by a TRO.
Under the Transport Act 2000, local authorities can implement local charging schemes in respect of the use of vehicles on roads if it is desirable for directly or indirectly achieving the local transport policies of the charging authority. This power is broad in terms of what can trigger the charge or the class of vehicles in respect of which it is imposed. The appropriate national authority can also provide for exemptions from the charge or reduced rates, which, as above, could be used to exempt those vehicles being used in the area other than for provision of services for the transport of goods. However, as noted above, although arguably possible, this approach is likely to be difficult to implement and enforce.
As an aside, roads can only be subject to one charging scheme under the Transport Act 2000 at a time, meaning that where a city has an existing charging scheme, such as a clean air zone, any scheme for the purposes described in this report would need to be built into the existing scheme.
Therefore, it is currently possible under English law to implement a prohibition on delivery vehicles entering an area and ensure that, where they cannot be prevented from entering an area, they are at least charged for doing so. TROs can be enacted for purposes relating to improving air quality and preventing damage to an area. Charging schemes need to further local transport policies, which could include both or either element.
Whilst TROs and charging schemes have been successfully implemented, the power to build a CUCC and compel delivery to/from it is otherwise unprecedented in the UK and may require novel use of existing laws.
Where a charging scheme is introduced under the Transport Act 2000, there is also the power to build any building or structure to be used in connection with the operation of a charging scheme. Therefore, if the charging scheme was connected to the CUCC (such as, potentially, by the local transport policy), it could be argued that the Transport Act 2000 gives the local authority power to also build the CUCC. In addition, the appropriate national authority may issue guidance to local authorities relating to the discharge of their functions under the part of the Transport Act 2000 relating to charging schemes. Local authorities shall, in exercising those functions, have regard to such guidance. Therefore, the guidance could be used to lead authorities towards using the model described in this section of the report.
Under the Environment Act 1995, local authorities must have regard to the national air quality strategy (Clean Air Strategy 2019). This includes cutting air pollution from transport. The Environment Act 1995 gives the Secretary of State power to make directions requiring local authorities to take specified steps if, among other reasons, it appears to him/her that air-quality standards or objectives are not being achieved within the area of that authority. This broad power could be used to directly require that local authorities implement a charging scheme and build a CUCC in order to improve air quality. Indeed, the Secretary of State has already made a number of such directions, which, for example, require local authorities to make a plan to secure compliance with the legal limit for nitrogen dioxide as quickly as possible and, in any event, by a certain date. These directions could already be used to give support to a CUCC. However, delivery companies that operate electric vehicles may argue compellingly that any measure introduced following such a direction pose no good reason to affect them, meaning a new direction directing implementation of a charging scheme and a CUCC in order to improve air quality in a wider sense than just nitrogen dioxide emissions could be required to remove the ambiguity.
Therefore, arguably, existing powers allow the Secretary of State to direct local authorities to build and operate a CUCC. The local authorities can build one under the Transport Act 2000, if accompanied by a charging zone, and the Environment Act 1995 gives further support to any policies with the aim of reducing