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

back to previous amendments
 
  
Schedule 9
 
  
BY THE LORD WHITTY
 
258B     Page 211, line 6, leave out ("and") and insert--
 
    ("3A.")
 
258C     Page 211, line 7, leave out from ("the") to ("may") in line 8 and insert ("purpose of discharging that or any other function of Transport for London are not required for that purpose, Transport for London") 
258D     Page 211, line 15, leave out from ("using") to end of line 16 and insert--
    ("(a)  any services or facilities provided by Transport for London, by any subsidiary of 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) of this Act; or
    (b)  any other London passenger services or London connecting services.")
 
258E     Page 211, line 17, leave out sub-paragraph (2) 
258F     Page 211, leave out lines 23 to 27 and insert ("any services falling within sub-paragraph (1)(a) or (b) above.") 
258G     Page 212, line 28, at end insert ("or") 
258H     Page 213, line 9, leave out ("business of Transport for London") and insert ("discharge by Transport for London of any of its functions") 
258J     Page 213, line 16, leave out ("Transport for London's business") and insert ("the discharge by Transport for London of any of its functions") 
258K     Page 213, line 18, leave out ("Transport for London's business") and insert ("the discharge by Transport for London of any of its functions") 
258L     Page 213, line 27, leave out ("Transport for London's business") and insert ("the discharge by Transport for London of any of its functions") 
258M     Page 213, line 29, leave out ("its business") and insert ("the discharge by Transport for London of any of its functions") 
258N     Page 213, line 36, leave out ("its business") and insert ("discharging any of its functions") 
258P     Page 213, line 40, leave out ("its business") and insert ("discharging any of its functions") 
258Q     Page 213, line 42, leave out ("Transport for London's business") and insert ("discharging any of its functions") 
258R     Page 213, line 46, leave out ("its business") and insert ("discharging any of its functions") 
258S     Page 213, line 49, leave out ("for the purposes of its business") 
258T     Page 214, line 8, leave out from ("which") to the end of line 9 and insert ("is required by Transport for London or a subsidiary of Transport for London for the purposes of the discharge of any function.") 
258U     Page 214, line 11, at end insert-- 
     ("(  )  Transport for London shall not by virtue of sub-paragraph (1) above submit to the Secretary of State a compulsory purchase order authorising the acquisition of any land in accordance with section 2(2) of the Acquisition of Land Act 1981 unless the Mayor has given his consent.")1981 c. 67
258V     Page 214, line 13, leave out from ("treated") to end of line 14 and insert ("for the purposes of sub-paragraph (1) above as the discharge by Transport for London of any of its functions") 
258W*     Page 214, line 17, leave out ("17(2) or (3)") and insert ("17(3) or (4)") 
258X     Page 215, line 20, leave out ("its business") and insert ("discharging any of its functions") 
258Y     Page 215, line 22, leave out ("its business") and insert ("discharging any of its functions") 
258Z*     Page 215, line 22, leave out (", with the consent of the Secretary of State,") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
259     Page 215, line 23, leave out from ("the") to end of line 24 and insert ("Mayor, subject always to the provisions of this Act, subscribe for or acquire any securities of a body corporate where those securities are not admitted to listing on any recognised stock exchange (within the meaning of section 841 of the Income and Corporation Taxes Act 1988), save that--
    (a)  Transport for London may acquire securities which are listed on a recognised stock exchange where those securities are acquired by it as consideration for the sale of, or in exchange for the transfer of, any assets; and
    (b)  Transport for London may hold securities which subsequently become listed on a recognised stock exchange,
provided that in either case such securities are to be disposed of by Transport for London for the best price which may be reasonably obtained by it within two years of becoming so listed.")
 
  
BY THE LORD WHITTY
 
259A     Page 216, line 19, leave out ("proper carrying on of its business; or to secure") and insert ("discharge by it of any of its functions, including the securing of") 
259B     Page 216, line 20, leave out ("section 136(3) or (4)") and insert ("section 136") 
259C     Page 216, line 23, after (" 233") insert ("or 324") 
  
Before Clause 137
 
  
BY THE LORD WHITTY
 
259D*     Insert the following new Clause-- 
     ("  .--(1)  Transport for London may give financial assistance to any body or person in respect of expenditure incurred or to be incurred by that body or person in doing anything which in the opinion of Transport for London is conducive to the provision of safe, integrated, efficient and economic transport facilities or services to, from or within Greater London.
 
    (2)  Financial assistance may be given under this section by way of grant, loan or other payment.
 
    (3)  The financial assistance that may be given to any London authority under this section includes in particular assistance in respect of any expenditure incurred or to be incurred by the authority in discharging any function of a highway authority or traffic authority.
 
    (4)  In deciding whether to give financial assistance to a London authority under this section, and if so the amount or nature of any such assistance, the matters to which Transport for London may have regard include--
    (a)  any financial assistance or financial authorisation previously given to the authority by any body or person, and
    (b)  the use made by the authority of such assistance or authorisation.
    (5)  In subsection (4) above, "financial authorisation" means authorisation allowing the authority to incur financial obligations.
 
    (6)  Financial assistance under this section may be given subject to such conditions as Transport for London considers appropriate, including (in the case of a grant) conditions for repayment in whole or in part in specified circumstances.
 
    (7)  In this section--
Financial assistance by Transport for London.
 
    highway authority" has the same meaning as in the Highways Act 1980 (see in particular sections 1 to 9 of that Act);
    London authority" means any London borough council or the Common Council; and
1980 c. 66.
 
    traffic authority" has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 121A and 142(1) of that Act).
1984 c. 27.
     (8)  In section 88(2) of the Local Government Finance Act 1988 (list of "defined councils" to which transport grants are payable by the Secretary of State under section 87 of that Act)--
    (a)  at the end of paragraph (aa) there shall be inserted "and"; and
    (b)  paragraphs (c) and (d) (which include in the list of "defined councils" the London borough councils and the Common Council) shall cease to have effect.
    (9)  This section is without prejudice to any other power of Transport for London.")
1988 c. 41.
259E*     Insert the following new Clause-- 
     ("  .--(1)  Transport for London may guarantee to discharge any financial obligation of--
    (a)  a subsidiary of Transport for London; or
    (b)  any person (other than such a subsidiary) with whom Transport for London has entered into an agreement by virtue of section 136(3) or (4) above, where the guarantee is given for the purpose of enabling that person to carry out the agreement.
    (2)  Transport for London may, for the purposes of discharging any of its functions, guarantee to discharge any financial obligation incurred or to be incurred by any person for the purposes of--
    (a)  an undertaking carried on by him; or
    (b)  where the person is a body corporate, an undertaking carried on by a subsidiary of that body corporate.
    (3)  A guarantee under this section may be subject to such conditions as Transport for London considers appropriate.
 
    (4)  Transport for London may enter into arrangements with another person under which that person gives a guarantee which Transport for London has power to give under this section.
 
    (5)  Where Transport for London enters into arrangements by virtue of subsection (4) above, the arrangements may provide for Transport for London to indemnify the person who gives the guarantee.
 
    (6)  This section is without prejudice to any other power of Transport for London.")
Guarantees.
  
Clause 137
 
  
BY THE LORD WHITTY
 
259F     Transpose Clause 137 to after Clause 143 
  
Clause 138
 
  
BY THE LORD WHITTY
 
259G     Transpose Clause 138 to after Clause 143 
  
Clause 139
 
  
BY THE LORD WHITTY
 
259H*     Page 75, line 37, at end insert--
    ("(  )  any financial assistance given under section (Financial assistance by Transport for London) above;
    (  )  any guarantees given under section (Guarantees)(1) or (2) above;
    (  )  any arrangements entered into under section (Guarantees)(4) above; and
    (  )  any indemnities given by virtue of section (Guarantees) (5) above.")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
260     Page 75, line 37, at end insert--
    ("(c)  the externally audited accounts required under subsection (3) below, and
    (d)  the projected budget for the next financial year, including the proposals of Transport for London for ensuring that public debt remains at a stable and prudent level.")
 
261     Page 75, line 38, leave out subsection (3) and insert--
 
    ("(3)  The report made under this section in respect of any financial year shall include the following information--
    (a)  financial statements prepared on the basis of generally accepted principles of accounting;
    (b)  the report of external auditors on those financial statements;
    (c)  detailed statistics relating to the efficiency and reliability of the discharge of its functions by Transport for London including (but not limited to)--
          (i)  the number of days during the financial year in which any public passenger transport service was disrupted by any industrial dispute (whether official or otherwise);
          (ii)  the number of cancellations of proposed journeys during the financial year by any public passenger transport service;
          (iii)  the number of routes formerly operated by public passenger transport services closed during the financial year; and
          (iv)  a table disclosing the remuneration of all senior staff employed by, or officers of, Transport for London compiled to the same standards as would apply to a company whose shares where listed on the London Stock Exchange.
    (4)  The report required by this section shall be available to the public at no charge and also published electronically in a form capable of access by members of the general public.
 
    (5)  A summary of the matters referred to in subsection (3) above shall also be published in at least two newspapers circulating in the entire area of Greater London.")
 
  
BY THE LORD WHITTY
 
261A     Page 75, line 41, at end insert--
 
    ("(  )  Transport for London shall publish any report made under this section.
 
    (  )  A copy of any report made under this section shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.
 
    (  )  A copy of any report made under this section, or any part of any such report, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
 
    (  )  In this section "the appropriate period" in the case of a report under this section is the period of six years beginning with the date of publication of the report pursuant to this section.")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
262     Page 75, line 41, at end insert--
 
    ("(  )  The Assembly shall in public session discuss and vote on the report submitted to it by Transport for London; if such report does not receive the support of two thirds of the members of the Assembly then it shall be unlawful for the Authority, or any other person or body, to authorise funding for the financial year following the year to which the report in question relates at a level which is greater than the Authority, or that person or body, provided during the financial year to which the report relates until such time as two thirds of the members of the Assembly voting in public session have approved the report, or a revised report.")
 
  
After Clause 139
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
263     Insert the following new Clause-- 
     ("  . The Assembly shall appoint and fix the remuneration of the external auditors of Transport for London.")External auditors.
  
Clause 140
 
  
BY THE LORD WHITTY
 
263A*     Page 76, line 7, leave out ("disposal of an interest in land where the disposal") and insert ("transfer of an interest in land to the Authority where the transfer") 
263B*     Page 76, line 9, at end insert--
 
    ("(  )  The Mayor shall not, without the consent of the Secretary of State, make a scheme or series of schemes providing for the transfer of property, rights or liabilities to the Authority, the result of which would be that a company would cease to be a subsidiary of Transport for London, if the consent of the Secretary of State would be required--
    (a)  under section 141 below, or
    (b)  under section (Restrictions on contracting out certain services) below,
had the scheme or series of schemes been a transaction or series of transactions entered into by Transport for London.")
 
263C*     Page 76, line 10, leave out ("subsection (2) above") and insert ("this section") 
263D*     Page 76, line 12, leave out ("subsection (2) above") and insert ("this section") 
263E*     Transpose Clause 140 to after Clause 142 
 
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