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

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Schedule 18
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
302     Page 250, line 5, leave out paragraph 3 and insert--
 
    ("3.--(1)  A charging scheme may be made by the appropriate charging authority only if it appears necessary for the purposes of--
    (a)  relieving or preventing congestion of traffic on such roads or in the surrounding area, or
    (b)  securing the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians and cyclists) on such roads or in the surrounding area.
    (2)  If the Authority reasonably considers that a charging scheme needs to be introduced by a London borough or boroughs--
    (a)  because the objectives of the transport strategy cannot otherwise be achieved within the periods specified therein,
    (b)  to achieve the objectives of any charging scheme introduced by the Authority, or
    (c)  to achieve the objectives of any other London borough in introducing or proposing to introduce a charging scheme,
the Authority may invite such London borough or boroughs to introduce a charging scheme for that purpose.
 
    (3)  If any London borough in question shall fail to introduce a suitable charging scheme within a reasonable period the Authority may, following a resolution of the Assembly to that effect, impose such a charging scheme provided that it shall have no power to do so if such charging scheme would conflict with the local implementation plan of that London borough or otherwise have an adverse effect on the provision of public transport or management of traffic or movement of pedestrians and cyclists within Greater London.")
 
303     Page 250, line 11, leave out from ("to") to end of line 12 and insert ("the Authority who shall confirm the same unless it--
          (i)  reasonably considers the charging scheme does not comply with paragraph 5 below, or
          (ii)  is likely to have an adverse effect on the provision of public transport or management of traffic or movement of pedestrians and cyclists on any GLA or trunk road or within any other London borough or Greater London as a whole,
in which event it may require the authority concerned to make such modifications to the charging scheme as will meet such objections before it is confirmed.")
 
304     Page 250, leave out lines 15 to 17 and insert--
 
    ("(3)  Before the introduction of any charging scheme or any material changes to any charging scheme the Authority shall--
    (a)  consult, or require the authority making a charging scheme to consult--
          (i)  such organisations representative of users and potential users of transport, motorists, pedestrians, cyclists and disabled persons as the authority concerned reasonably considers appropriate,
          (ii)  any businesses likely to be affected by the charging scheme, and
          (iii)  the emergency services;")
 
305     Page 251, line 5, at end insert ("; and
    (e)  specify the objectives the charging scheme is intended to achieve (in this Schedule "the specified objectives").")
 
306     Page 251, line 43, leave out from ("regard") to second ("the") in line 44 and insert ("shall only be had to the minimum charge reasonably necessary to secure the specified objectives of the scheme or, if higher, the reasonable costs of implementing") 
307     Page 252, line 2, after ("scheme") insert ("shall make provision for exemptions from charge in respect of--
    (  )  disabled persons,
    (  )  motor vehicles taking children of under secondary school age to school or school functions,
    (  )  school buses on school business,
    (  )  doctors and nurses when on duty or on call,
    (  )  emergency and hospital vehicles in the course of their duties, and
    (  )  motorbikes,
and in other cases")
 
  
BY THE LORD SWINFEN
 
308     Page 252, line 6, at end insert--
 
    ("(  )  A charging scheme shall include an exemption scheme for disabled people and transport services for disabled people drawn up in consultation with organisations of disabled people.")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
309     Page 252, line 11, at end insert ("but such penalty charges shall not be more than is reasonably necessary to secure the specified objectives of the scheme") 
310     Page 252, line 20, leave out ("may") and insert ("shall") 
311     Page 253, line 17, leave out from beginning to ("be") in line 19 and insert ("The net proceeds of any charging scheme shall") 
312     Page 261, line 4, at end insert-- 
 ("Measures preceding charging schemes 
      39.  Notwithstanding any other provision in this Schedule, in order to facilitate a reduction in private road usage and thereby improve the environment of Greater London, no charging scheme shall come into operation, and no variation of an existing charging scheme shall take effect, unless and until--
    (a)  the authority proposing to make or vary that charging scheme provides a projection, derived on reasonable grounds, supported by objective evidence, and verified by independent experts, of the likely reduction in private traffic in the charging area (measured in terms of persons travelling, and volume of goods conveyed, at particular times) which will occur as a result of the introduction or variation of such a charging scheme;
    (b)  Transport for London has taken measures to ensure that the capacity of public transport services serving the charging area in question (measured in like terms) will have increased by an amount at least equal to that reduction in private traffic; and
    (c)  the measures taken by Transport for London have come into effect before the introduction or variation of the charging scheme in queston,
and for the avoidance of doubt no increase in the capacity of any public transport service may be counted for the purposes of this paragraph in respect of a particular charging scheme if it has already been counted in respect of another charging scheme or a licensing scheme within the meaning of Schedule 19 to this Act.")
 
  
Clause 229
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
313     Page 126, line 21, at end insert--
 
    ("(  )  The purpose of any licensing scheme 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.
 
    (  )  Regulations issued to give effect to any such licensing scheme 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.")
 
  
BY THE LORD MORRIS OF MANCHESTER
 
314     Page 126, line 23, at end insert--
 
    ("(  )  For the purposes of this section and Schedule 19, in respect of any workplace parking licensing scheme, the Secretary of State shall prescribe the workplace parking places that shall be exempted from any licensing charges by virtue of their proposed use by vehicles used by people with prescribed disabilities.")
 
  
After Clause 229
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
315     Insert the following new Clause-- 
      ("  .--(1)  No licensing scheme may be established pursuant to section 229 above unless research has been conducted into the likely impact of such scheme on the patterns of road usage including--
    (a)  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
    (b)  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 into impact of licensing scheme to be conducted and made available.
316     Insert the following new Clause-- 
      ("  .--(1)  The purpose of any licensing scheme established pursuant to section 229 above shall be to encourage the use by individuals of public passenger transport services in preference to other forms of transport and thereby improve the environment of and quality of life in Greater London.
 
    (2)  In order to fulfil the purpose set out in subsection (1) above no licensing scheme shall be established pursuant to section 229(1) above which imposes a charge for the grant of any license unless it contains a provision for the Authority or any London borough council or the Common Council, as is appropriate (in this Chapter "the licensing body"), to make payments to any resident (including the occupier of any business premises) of the area over which they have authority.
 
    (3)  The payments referred to in subsection (2) above shall be calculated, as far as is reasonably practicable, to be equal to the charges which would be borne by a person using the license 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 (1) is fulfilled.
 
    (4)  In order to calculate the payments referred to in subsection (2) above, no licensing scheme may be established pursuant to section 229 unless the licensing body in question has first conducted research over at least three months into the level of use of workplace parking places in the area in question including such information as the number of persons using such workplace parking places, the length of time such workplace parking places are occupied, the frequency with which the workplace parking places in question are used, the nature of the motor vehicles used, and the distance travelled by them within the relevant area as part of a comprehensive parking management policy.
 
    (5)  Where the research conducted pursuant to subsection (4) above indicates to a licensing body that the payments required by subsection (2) above cannot be calculated with reasonable accuracy, then no licensing scheme relating to the area in question may be established pursuant to section 229.")
Licensing scheme: purpose.
  
Schedule 19
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
317     Page 263, line 24, leave out paragraph 6 and insert--
 
    ("6.--(1)  If a licensing authority reasonably considers that a licensing scheme needs to be introduced by a London borough or boroughs--
    (a)  because the objectives of the transport strategy cannot otherwise be achieved within the periods specified therein,
    (b)  to achieve the objective of any licensing scheme introduced by the Authority, or
    (c)  to achieve the objectives of any other London borough in introducing or proposing to introduce a licensing scheme,
the Authority may invite such London borough or boroughs to introduce a licensing scheme for that purpose, or such London borough or boroughs may seek to introduce a licensing scheme for that purpose.
 
    (2)  If any London borough in question shall fail to introduce a suitable licensing scheme within a reasonable period the Authority may, following a resolution of the Assembly to that effect, impose such a licensing scheme provided that it shall have no power to do so if such licensing scheme would conflict with the local implementation plan of that London borough or otherwise have an adverse effect on the provision of public transport, management of traffic or movement of pedestrians and cyclists within such London borough.")
 
318     Page 263, line 30, leave out from ("to") to end of line 31 and insert ("the Authority who shall confirm the same unless it reasonably considers the licensing scheme--
    (a)  does not comply with paragraph 8 below, or
    (b)  is likely to have an adverse effect on the provision of public transport, management of traffic or movement of pedestrians and cyclists within any other London borough or Greater London as a whole,
in which event it may require the authority concerned to make such modifications to the licensing scheme as will meet such objections before it is confirmed.")
 
319     Page 263, leave out lines 34 to 36 and insert--
 
    ("(3)  Before the introduction of any licensing scheme or any changes to any licensing scheme the Authority shall--
    (a)  consult, or require the authority making or varying the licensing scheme to consult--
          (i)  such organisations representative of users and potential users of transport, motorists, pedestrians, cyclists and disabled persons as the authority concerned reasonably considers appropriate,
          (ii)  any businesses likely to be affected by the licensing scheme, and
          (iii)  the emergency services;")
 
320     Page 264, line 17, at end insert ("; and
    (d)  specify the objectives the licensing scheme is intended to achieve (in this Schedule "the specified objectives"),")
 
321     Page 264, line 31, leave out from ("regard") to end of line 32 and insert ("shall only be had to the minimum charge reasonably necessary to secure the specified objectives of the licensing scheme or, if higher, the reasonable costs of implementing the scheme") 
322     Page 265, line 17, after ("scheme") insert ("shall make provision for exemptions from licensing in respect of--
    (  )  disabled persons,
    (  )  motor vehicles taking children of under secondary school age to school or school functions,
    (  )  school buses on school business,
    (  )  doctors and nurses when on duty or on call for emergency,
    (  )  hospital vehicles in the course of their duties, and
    (  )  motorbikes
and in other cases")
 
  
BY THE LORD SWINFEN
 
323     Page 265, line 27, at end insert--
 
    ("(  )  A licensing scheme shall include an exemption scheme for disabled people and transport services for disabled people drawn up in consultation with organisations of disabled people.")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
324     Page 265, line 32, at end insert ("but such penalty charges shall not be more than is reasonably necessary to secure the specified objectives of the licensing scheme") 
325     Page 266, line 43, leave out from beginning to ("be") in line 45 and insert ("The net proceeds of any licensing scheme shall") 
326     Page 273, line 42, at end insert-- 
 ("Measures preceding charging schemes 
      39.  Notwithstanding any other provision in this Schedule, in order to facilitate a reduction in private road usage and thereby improve the environment of Greater London, no licensing scheme shall come into operation, and no variation of an existing licensing scheme shall take effect, unless and until--
    (a)  the authority proposing to make or vary that licensing scheme provides a projection, derived on reasonable grounds, supported by objective evidence, and verified by independent experts, of the likely reduction in private traffic in the licensing area in question (measured in terms of persons travelling at particular times) which will occur as a result of the introduction or variation of such licensing scheme;
    (b)  Transport for London has taken measures to ensure that the capacity of public transport services serving the licensing area in question (measured in like terms) will be increased by an amount at least equal to the projected reduction in private traffic; and
    (c)  the measures taken by Transport for London have come into effect before the introduction or variation of the licensing scheme in question,
and for the avoidance of doubt no increase in the capacity of any public transport service may be counted for the purposes of this paragraph in respect of a particular licensing scheme if it has already been counted in respect of another licensing scheme or a charging scheme within the meaning of Schedule 18 to this Act.")
 
  
Clause 237
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
327     Page 129, line 30, leave out subsection (8) and insert--
 
    ("(8)  The Mayor of London must obtain the agreement of the London Assembly.
 
    (8A)  Removal under Schedule 2 shall be subject to approval by two thirds of the London Assembly.")
 
  
BY THE LORD QUIRK
 
328     Page 129, line 30, at end insert ("and major relevant interests") 
  
BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
329     Page 129, line 34, leave out from ("Agency") to end of line 38 and insert--
    ("(a)  one of whom is an elected member of the London Assembly,
    (b)  one of whom is an elected member of the Common Council of the City of London, and
    (c)  one of whom is an elected member of a London borough council.")
 
330     Page 129, line 34, leave out ("or were at the time of their appointment,") 
331     Page 130, line 1, leave out ("who appear to the Mayor to be persons") 
332     Page 130, line 6, leave out ("appears to the Mayor to be a person who") 
333     Page 130, line 7, at end insert--
 
    ("(  )  Proposed members shall complete a declaration detailing their business interests, whether they have been made bankrupt, been a party to voluntary arrangements, whether there are any judgements against them, whether they have been convicted of any offence involving fraud or dishonesty or an offence under legislation (whether or not of the United Kingdom) relating to companies (including insider dealing), building societies, banking or other financial services, or if they have been disqualified as a director or of any other material information, and this declaration should be publicly available for inspection one month before appointment.")
 
 
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Prepared 11 June 1999