Greater London Authority Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 155
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
277     Page 82, line 28, at end insert ("provided that the contravention in question does not relate to matters which are neither essential nor reasonably incidental to the purpose of providing a safe, economic and efficient bus service for passengers") 
  
Clause 161
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
278     Page 85, line 18, after ("London") insert ("and he can demonstrate that the benefit for railway passengers travelling inside or through Greater London is less than such adverse effect") 
279     Page 85, line 21, at end insert ("and he can demonstrate that the benefits for railway passengers travelling inside or through Greater London do not justify such increased payments") 
  
Clause 167
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
280     Page 88, line 17, at end insert--
 
    ("(8)  The Mayor, the Authority and Transport for London (each being for the purposes of this section a "competent body") shall have the overriding duty to involve a private enterprise in the discharge of their functions under this Part.
 
    (9)  Before discharging any function under this Part, a competent body shall first consider whether that function may be discharged most efficiently by a private enterprise or private enterprises (whether with or without financial assistance or payment from the competent body), and preference over alternative courses of action shall be given wherever practicable to the discharge of functions through a private enterprise or private enterprises.
 
    (10)  Where it appears to a competent body that the preference required by subsection (9) above is not practicable, that competent body shall next consider whether the function in question may be discharged through the mechanism of a joint venture with any private enterprise or private enterprises, and preference over alternative courses of action remaining shall be given wherever practicable to the discharge of that function through the medium of a PPP agreement or any other form of commercial contract or arrangement between the competent body and any private enterprise or private enterprises.
 
    (11)  Where any competent body decides that either or both of the preferences required by subsections (9) and (10) above are not practicable it shall publish notice of the reasons for such decision in at least two newspapers circulating in the entire area of Greater London, and also publish such notice electronically in a form capable of access by members of the public.
 
    (12)  In this section a "private enterprise" is any business (whether incorporated or not), organisation or association not owned by a public authority (including a competent body) or a company owned by a public authority.")
 
  
Clause 181
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
281     Page 97, line 8, at end insert--
 
    ("(  )  For the avoidance of doubt, in discharging those functions the PPP arbiter shall be acting as an expert and not as an arbitrator under the Arbitration Act 1953.")
 
  
Clause 186
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
282     Page 99, line 20, at end insert ("provided always that where any PPP agreement requires, implies or presupposes that a relevant body will maintain a particular level of resources to ensure the performance of the agreement, then the PPP arbiter shall take no account of the fact that subsequent to the execution of the agreement the relevant body in question, or any relevant body, failed to maintain that level of resources") 
283     Page 99, line 35, after ("to") insert ("give priority to the objective in subsection (3) above (efficiency and economy) and in making his decision the PPP arbiter shall") 
  
Before Clause 193
 
  
BY THE BARONESS GARDNER OF PARKES
 
284     Insert the following new Clause--
 
    ("  .  No agreement made under section 193 shall reduce provisions for concessionary fares that exist on the day before this Act comes into force.")
 
  
Clause 193
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
285     Page 102, line 37, leave out from ("below,") to ("enter") in line 38 and insert ("each London authority (other than the Common Council) shall, either on its own account or jointly with any other local authority, and any local authority may, within six months of the establishment of Transport for London,") 
  
BY THE LORD SWINFEN
 
286     Page 103, line 32, at end insert--
 
    ("(5A)  Each local authority shall, in consultation with organisations of disabled people, make and keep under review criteria as to what constitutes a disability or injury which seriously impairs a person's ability to walk, having regard to any guidance issued by a joint authority established to run the concessionary fare scheme.
 
    (5B)  All criteria and guidance under subsection (5A) above shall be made available to the public.")
 
  
After Clause 196
 
  
BY THE BARONESS GARDNER OF PARKES
THE LORD SWINFEN
 
287     Insert the following new Clause-- 
      ("  .  The Secretary of State may by regulations make provision for and in connection with the provision of transport facilities and services provided for the purpose of meeting the needs of disabled persons resident in Greater London.")Disabled persons' transport services.
  
Schedule 13
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
288     Page 233, line 51, leave out ("the Secretary of State and") 
  
Clause 199
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
289     Page 107, line 2, at end insert (", or
    (e)  any officer or employee or member of a company having business with the Authority or with Transport for London, or any company in which Transport for London has an interest, which generates revenue in any twelve month period (measured according to generally accepted principles of accounting) in excess of £10,000, or any officer or employee of any company under the control of such a company, or which is controlled by a company which also controls such a company")
 
  
After Clause 199
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
290     Insert the following new Clause-- 
      ("  .  The Assembly shall appoint and fix the remuneration of external auditors who shall have the duty to undertake an annual audit of the finances of the Committee and submit an annual report on such finances to the Assembly.")External auditors (No. 2).
  
Schedule 14
 
  
BY THE LORD SWINFEN
 
291     Page 237, line 5, at end insert--
 
    ("(  )  The Committee shall appoint a sub-committee whose sole responsibility shall be to deal with complaints about door-to-door transport.")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
292     Page 237, line 33, leave out ("such") and insert ("at least three clear days") 
293     Page 237, line 35, leave out from ("meeting") to end of line 36 and insert (", or
    (c)  where the public is to be excluded from a part of the meeting, by means of a brief reference to the nature of the business to be covered by that part of the meeting and the reasons for the exclusion of the public")
 
294     Page 237, line 39, leave out paragraph 14 
  
After Clause 205
 
  
BY THE BARONESS GARDNER OF PARKES
 
295     Insert the following new Clause-- 
      ("  .--(1)  A person shall not smoke or carry lighted tobacco in a London taxi where passengers are by means of a prescribed notice informed that smoking is prohibited.
 
    (2)  For the purposes of this section, "prescribed notice" means a notice or marking of such type, and displayed in or on a London taxi in such manner, as the Secretary of State may by order prescribe.
 
    (3)  A passenger who contravenes subsection (1) may be required by the driver to leave a London taxi and, where the passenger refuses to comply with that requirement, may be removed by the driver or, on the request of the driver, by a constable.
 
    (4)  Nothing in subsection (3) shall be taken to relieve a passenger from the obligation to any pay fare and where a passenger is required to leave or is removed from a London taxi in accordance with that subsection before reaching his destination he shall be liable to pay the fare up to the point where he is required to leave or is removed from that taxi.
 
    (5)  A person who--
    (a)  contravenes subsection (1),
    (b)  refuses to comply with a requirement made in accordance with subsection (3), or
    (c)  resists lawful removal in accordance with that subsection,
is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
    (6)  Notwithstanding the provisions of any enactment requiring certain hirings to be accepted, it shall be lawful for the driver of a London taxi bearing a prescribed notice to refuse to carry a passenger who is smoking or carrying lighted tobacco.
Smoking in London taxis.
      (7)  In this section "London taxi" means a hackney carriage licensed under section 6 of the Metropolitan Public Carriage Act 1869.")1869 c. 115.
296     Insert the following new Clause-- 
      ("  .--(1)  A person shall not smoke or carry lighted tobacco in a taxi or private hire vehicle where passengers are by means of a prescribed notice informed that smoking is prohibited.
 
    (2)  For the purposes of this section, "prescribed notice" means a notice or marking of such type, and displayed in or on a taxi or private hire vehicle in such manner, as the Secretary of State may by order prescribe.
 
    (3)  A passenger who contravenes subsection (1) may be required by the driver to leave a taxi or private hire vehicle and, where the passenger refuses to comply with that requirement, may be removed by the driver or, on the request of the driver, by a constable.
 
    (4)  A person who--
    (a)  contravenes subsection (1),
    (b)  refuses to comply with a requirement made in accordance with subsection (3), or
    (c)  resists lawful removal in accordance with that subsection,
is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
    (5)  Notwithstanding the provisions of any enactment requiring certain hirings to be accepted, it shall be lawful for the driver of a taxi bearing a prescribed notice to refuse to carry a passenger who is smoking or carrying lighted tobacco.
 
    (6)  In this section--
Smoking in London taxis and PHVs.
  
    private hire vehicle" means a vehicle licensed under the Private Hire Vehicles (London) Act 1998; and
1998 c. 34.
  
    taxi" means a hackney carriage licensed under section 6 of the Metropolitan Public Carriage Act 1869.")
1869 c. 115.
  
After Clause 211
 
  
BY THE LORD ARCHER OF WESTON-SUPER-MARE
 
297*     Insert the following new Clause-- 
      ("  .  The Secretary of State may by regulations make provisions for and in connection with the establishment and operation by or on behalf of--
    (a)  the Authority,
    (b)  any London borough council, or
    (c)  the Common Council,
of schemes for imposing charges on undertakers of street works in Greater London.")
Charges on undertakers of street works.
  
Clause 228
 
  
BY THE LORD MORRIS OF MANCHESTER
 
298     Page 126, line 15, at end insert--
 
    ("(  )  For the purposes of this section and Schedule 18, in respect of any such scheme, the Secretary of State shall prescribe the exemptions from charges that shall apply in respect of vehicles used by people with prescribed disabilities.")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
299     Page 126, line 15, at end insert--
 
    ("(4)  The purpose of any charges imposed by schemes established pursuant to this section shall be to encourage the use by individuals of public passenger transport services in preference to other forms of transport and regulations issued to establish such schemes shall be drafted, applied and interpreted in the light of this purpose, and any feature of or provision within any purported regulations which is neither essential nor reasonably incidental to such purpose shall be void and of no effect.
 
    (5)  In order to fulfil the purpose set out in subsection (4) above, no scheme shall be established which imposes a charge for the use of any road unless it contains a provision for the Authority or any London borough council or the Common Council, as is appropriate (in this Chapter "the charging body"), to make payments to any resident (including the occupier of any business premises) of the area over which they have authority.
 
    (6)  The payments referred to in subsection (5) above shall be calculated, as far as is reasonably practicable, to be equal to the charges which would be borne by a person who used the road or roads in question no more than the average during a twelve month period; and the charging body shall review the level of payments each year to ensure that the purpose in subsection (4) is fulfilled.
 
    (7)  In order to calculate the payments referred to in subsection (5) above, no regulations establishing a scheme pursuant to this section may be made unless the charging body in question has first conducted research over at least three months into the level of use of the road or roads in question (including such information as the number of persons using such road or roads, the frequency with which they use the road or roads in question, the nature of the motor vehicles used, and the distance travelled by them within the relevant area).
 
    (8)  Where the research conducted pursuant to subsection (7) above indicates to a charging body that the payments required by subsection (5) above cannot be calculated with reasonable accuracy, then no scheme relating to the road or roads in question may be established pursuant to this section.
 
    (9)  The results of the research conducted pursuant to subsection (7) above shall be available at no charge to members of the public and published electronically by the charging body in a form capable of access by members of the public.")
 
  
After Clause 228
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
300     Insert the following new Clause-- 
      ("  .--(1)  The purpose of any schemes established pursuant to section 228 shall be to encourage the use by individuals of public passenger transport services in preference to other forms of transport.
 
    (2)  In order to fulfil the purpose set out in subsection (1) above, no scheme shall be established pursuant to section 228 which would impose a charge for the keeping of any motor vehicle which exceeds 1 per cent of the value which might reasonably be expected to be received if the motor vehicle in question were to be sold on the open market at the time that the charge is imposed.
 
    (3)  In order to calculate the limit referred to in subsection (2) above, no scheme imposing a charge on any class of motor vehicle pursuant to section 228 may be made unless the charging body in question has first conducted research over at least three months into the likely values which could be received on the sale of such class of motor vehicle.
 
    (4)  The results of the research conducted pursuant to subsection (3) above shall be available at no charge to members of the public and published electronically by the charging body in a form capable of access by members of the public.")
Purpose of road user charging.
301     Insert the following new Clause-- 
      ("  .--(1)  No scheme may be established pursuant to section 228 unless research has been conducted into the likely impact of such regulations on the patterns of road usage (including usage of roads other than the road or roads in question, whether within the local authority area covered by the proposed scheme or not) and the consequent likely effect upon the environment and the quality of life of the residents of any area.
 
    (2)  The results of the research conducted pursuant to subsection (1) above shall be available at no charge to members of the public and published electronically by the charging body in a form capable of access by members of the public.")
Research on road user charging.
 
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Prepared 11 June 1999