Greater London Authority Bill - continued        House of Lords
PART IV, TRANSPORT - continued

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  CHAPTER II
  TRANSPORT FOR LONDON
 
Establishment
Transport for London.     133. - (1) There shall be a body corporate to be known as Transport for London.
 
      (2) Transport for London shall have the functions conferred or imposed on it by this Act, or made exercisable by it under this Act, and any reference in this Act to the functions of Transport for London includes a reference to any functions made exercisable by it under this Act.
 
      (3) Transport for London shall exercise its functions-
 
 
    (a) in accordance with such guidance or directions as may be issued to it by the Mayor under section 134(1) below,
 
    (b) for the purpose of facilitating the discharge by the Authority of the duties under section 123(1) and (2) above, and
 
    (c) for the purpose of securing or facilitating the implementation of the transport strategy.
      (4) Schedule 8 shall have effect with respect to Transport for London.
 
 
Control by the Mayor
Directions etc by the Mayor.     134. - (1) The Mayor may issue to Transport for London-
 
 
    (a) guidance as to the manner in which it is to exercise its functions,
 
    (b) general directions as to the manner in which it is to exercise its functions, or
 
    (c) specific directions as to the exercise of its functions.
      (2) Directions issued by the Mayor under subsection (1)(c) above may include a direction not to exercise a power specified in the direction.
 
      (3) The guidance or directions which may be issued by the Mayor under subsection (1) above may include in particular guidance or directions as to the manner in which Transport for London-
 
 
    (a) is to perform any of its duties, or
 
    (b) is to conduct any legal proceedings.
      (4) Any guidance or directions issued under subsection (1) must be issued in writing and notified to such officer of Transport for London as it may from time to time nominate to the Mayor for the purpose.
 
Structure of fares and services.     135. - (1) The Mayor shall exercise his powers under section 134(1) above so as ensure that the matters specified in subsection (2) below are determined.
 
      (2) The matters mentioned in subsection (1) above are-
 
 
    (a) the general level and structure of the fares to be charged for public passenger transport services provided by Transport for London or by any other person in pursuance of any agreement entered into by Transport for London by virtue of section 136(3) or (4)(a) below,
 
    (b) the general structure of routes of such services and the general level of provision to be made with respect to their frequency of operation; and
 
    (c) the general level of charges to be made for other facilities provided as mentioned in paragraph (a) above.
 
Public passenger transport etc.
General powers.     136. - (1) Transport for London may provide or secure the provision of public passenger transport services in Greater London.
 
      (2) Transport for London may form, promote and assist, or join with any other person in forming, promoting and assisting, a company for the purpose of carrying on any activities which Transport for London has power to carry on.
 
      (3) Transport for London may enter into and carry out agreements with any person for the carrying on by that person, whether as agent for Transport for London or otherwise, of any activities which Transport for London has power to carry on (and, in particular, for the provision by that person of any public passenger transport services which Transport for London has power to provide).
 
      (4) Transport for London may also enter into and carry out an agreement with any person for the carrying on by that person ("the contractor") of any activities which Transport for London does not have power to carry on if the agreement includes provision for one or more of the following, namely-
 
 
    (a) the carrying on by the contractor of such activities as are mentioned in subsection (3) above;
 
    (b) the provision by the contractor to Transport for London of services ancillary to the provision of public passenger transport services; and
 
    (c) the use by the contractor of land or other property owned by Transport for London, or transferred to the contractor by Transport for London, for the purposes of the agreement.
      (5) Where an agreement has been entered into under subsection (3) or (4) above, the powers conferred on Transport for London by that subsection include power to enter into and carry out other agreements with other persons for the purpose of-
 
 
    (a) fulfilling any condition which must be fulfilled before the agreement can have effect; or
 
    (b) satisfying any requirement imposed by or under the agreement.
      (6) Without prejudice to section 138 below, any agreement entered into by Transport for London by virtue of subsection (3) or (4)(a) above may in particular provide for-
 
 
    (a) combined services for the through carriage of passengers or goods to be provided by Transport for London or any of its subsidiaries and any other party to the agreement, the quoting of through rates and the pooling of receipts and expenses in respect of such services;
 
    (b) securing efficiency, economy and safety of operation in the provision of any public passenger transport services in pursuance of the agreement;
 
    (c) the exercise by Transport for London, in accordance with the agreement, of control over fares in respect of any such services and their routes and frequency of operation and over charges in respect of any other facilities provided in pursuance of the agreement; and
 
    (d) the making of payments by Transport for London to any other party to the agreement.
      (7) Where-
 
 
    (a) a company has been formed in the exercise of the powers conferred by subsection (2) above (whether by Transport for London alone or by Transport for London jointly with some other person); or
 
    (b) Transport for London has entered into an agreement with any person in exercise of its powers under subsection (3) or (4)(a) above;
  Transport for London may enter into arrangements with that company or person for the transfer from Transport for London to that company or person, in such manner and on such terms (including payments by any of the parties to the arrangements to any of the other parties) as may be provided for by the arrangements, of any property, rights or liabilities of Transport for London relevant to the purpose for which the company was formed or (as the case may be) to the performance by that person of his obligations under the agreement.
 
      (8) Without prejudice to subsection (6) above or section 138 below, Transport for London shall have power to enter into and carry out agreements with-
 
 
    (a) any of its subsidiaries; or
 
    (b) any person with whom it has entered into an agreement by virtue of subsection (3) or (4) above,
  providing for Transport for London to give assistance to the other party to the agreement by making available to that party any services, amenities or facilities provided by, or any works or land or other property belonging to, Transport for London, on such terms (including the reciprocal provision by that other party of similar assistance for Transport for London) as may be agreed between them.
 
      (9) The power of Transport for London under subsection (3) or (4)(a) above to enter into an agreement as there mentioned is exercisable notwithstanding that the agreement involves the delegation of the functions of Transport for London under any enactment relating to any part of its undertaking.
 
      (10) Schedule 9 to this Act shall have effect for conferring further powers on Transport for London for the purpose of the exercise and performance of its functions under this Act and with respect to the other matters there mentioned.
 
Co-operation with the Franchising Director.     137. - (1) It shall be the duty of Transport for London (either acting directly, or acting through a subsidiary) and the Franchising Director to co-operate with one another in the exercise and performance of their respective functions for the purpose-
 
 
    (a) of co-ordinating the passenger transport services for persons travelling to, from and within Greater London-
 
      (i) which are provided by Transport for London or any of its subsidiaries, and
 
      (ii) which are provided under franchise agreements, or whose provision is secured by the Franchising Director pursuant to section 30, 37 or 38 of the Railways Act 1993; and
 
    (b) of securing or facilitating the duty of Transport for London under section 133(3) above;
  and to afford to one another such information as to the services mentioned in paragraph (a) above as may reasonably be required for those purposes.
 
      (2) For the purposes of the co-operation required under subsection (1) above, Transport for London and the Franchising Director may enter into such arrangements with one another with respect to the exercise and performance of their respective functions on such terms as may appear to them to be expedient.
 
      (3) The references in subsections (1) and (2) above to the functions of the Franchising Director shall be taken as a reference to-
 
 
    (a) his functions under sections 23 to 31 of the Railways Act 1993 (franchising of passenger services), and
 
    (b) the duties imposed upon him by sections 37 and 38 of that Act (discontinuance of railway passenger services) to secure the provision of services.
      (4) In this section, the "Franchising Director" means the Director of Passenger Rail Franchising.
 
Co-operation with other persons.     138. - (1) Where a public passenger transport service is provided by any person other than a subsidiary of Transport for London under an agreement entered into by Transport for London by virtue of section 136(3) or (4)(a) above, it shall be the duty of Transport for London and that person, either acting directly, or acting indirectly through subsidiaries of theirs, to co-operate with one another in the exercise and performance of their respective functions for the purposes specified in subsection (2) below.
 
      (2) The purposes mentioned in subsection (1) above are-
 
 
    (a) the co-ordinating of passenger transport services, and
 
    (b) the securing of, or the facilitating of, the proper discharge of the duty of Transport for London under section 133(3) above.
      (3) The duty of co-operation imposed by subsection (1) above requires both parties to an agreement under section 136(3) or (4)(a) above to provide to one another such information as to their services as may reasonably be required for the purposes specified in subsection (2) above.
 
 
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