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

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Clause 153
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
275     Page 81, line 30, at end insert ("provided that no condition shall be operated if it contains or requires features which are neither essential nor reasonably incidental to the purpose of providing a safe, economic and efficient bus service for passengers") 
276     Page 82, line 18, at end insert ("or that the condition in question contains or requires features which are neither essential nor reasonably incidental to the purpose of providing a safe, economic and efficient bus service for passengers") 
  
Clause 154
 
  
BY THE LORD WHITTY
 
276A     Page 82, line 22, leave out from beginning to ("is") in line 25 and insert ("an application has been made for the grant of a new London service permit in substitution for it and--
    (a)  Transport for London has neither granted nor refused to grant the London service permit applied for,
    (b)  Transport for London has refused to grant the London service permit applied for but an appeal against the refusal has been made under section 152 above and not disposed of, or
    (c)  Transport for London has granted the London service permit applied for but an appeal against a decision to attach a condition to the permit has been made under section 152 above and not disposed of,
subsection (2A) below shall apply.
 
    (2A)  Where this subsection applies, the existing London service permit shall continue in force--
    (a)  in a case falling within subsection (2)(a) above, until Transport for London grants or refuses to grant the London service permit applied for, or
    (b)  in a case falling within subsection (2)(b) or (c) above, until the appeal has been disposed of.
    (2B)  Where subsection (2A)(a) above applies, if Transport for London--
    (a)  refuses to grant the London service permit applied for, or
    (b)  grants the London service permit applied for but at the time of the grant attaches any condition to the permit,
the existing London service permit shall continue in force until any appeal which is made under section 152 above against the decision in question has been disposed of.
 
    (3)  This section")
 
276B     Transpose Clause 154 to after Clause 155 
  
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") 
  
BY THE LORD WHITTY
 
277A     Page 82, line 33, after ("be") insert ("revoked or") 
277B     Page 82, line 36, leave out ("local") and insert ("London") 
  
Clause 156
 
  
BY THE LORD WHITTY
 
277C     Page 83, line 3, leave out paragraph (a) and insert--
    ("(a)  each London authority,")
 
  
Clause 157
 
  
BY THE LORD WHITTY
 
277D     Page 83, line 22, leave out from ("document") to end of line 24 
277E     Page 83, line 26, leave out from ("revised") to end of line 27 
277F     Page 83, line 27, at end insert--
 
    ("(  )  In this Act, references to the guidance document include, except where the context otherwise requires, a reference to the guidance document as revised.")
 
277G     Page 83, line 31, at end insert--
 
    ("(  )  A copy of the guidance document 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 the guidance document, or any part of it, 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 the guidance document is the period of six years beginning with the date of publication of that document pursuant to this section.")
 
  
Clause 160
 
  
BY THE LORD WHITTY
 
277H     Page 84, line 22, at end insert--
    (""the guidance document" shall be construed in accordance with section 150(2) above,")
 
277J     Page 84, line 22, at end insert--
    ("London authority" shall be construed in accordance with section 148(6) above,")
 
  
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") 
  
After Clause 166
 
  
BY THE LORD WHITTY
 
279A*     Insert the following new Clause-- 
     ("  .--(1)  For the purposes of this section, the services which are "reserved services" are those whose provision by a person would involve that person in performing or securing the performance, for the purposes of any TfL passenger rail service, of--
    (a)  any station-operating function; or
    (b)  any train-operating function.
    (2)  Transport for London shall not, without the consent of the Secretary of State, enter into or carry out any agreement under which an outside contractor is to provide or secure the provision of a reserved service for Transport for London or a subsidiary of Transport for London.
 
    (3)  Where a company which is a subsidiary of Transport for London provides or is to provide, or secures or is to secure the provision of, a reserved service for Transport for London or a subsidiary of Transport for London, Transport for London shall not, without the consent of the Secretary of State, enter into any transaction or series of transactions the result of which would be that the company--
    (a)  would cease to be a subsidiary of Transport for London; but
    (b)  would nevertheless provide or continue to provide, or secure or continue to secure the provision of, the reserved service.
    (4)  Nothing in this section applies in relation to a contract of employment between an individual and Transport for London or a subsidiary of Transport for London.
 
    (5)  The Secretary of State may by order provide exceptions from subsection (2) or (3) above.
 
    (6)  Any consent of the Secretary of State under this section must be in writing and--
    (a)  may be given in relation to any particular transaction or description of transactions; and
    (b)  may be given subject to conditions.
    (7)  For the purposes of this section--
    station-operating function" means any of the following functions--
          (a)  the sale or collection of tickets at stations;
          (b)  the inspection of tickets, or the imposing of penalty fares, at or in the vicinity of a station, but otherwise than on a train;
          (c)  the making of oral public announcements at stations;
          (d)  the provision of information orally to members of the public at stations, otherwise than by means of public announcements;
          (e)  any duties of staff employed on platforms at stations;
          (f)  any duties of staff employed at a place from which the operation of the whole or part of a station is controlled (whether or not the operation of trains is also controlled from that place);
          (g)  any other function involved in the management or operation of a station;
    train-operating function" means--
          (a)  the driving of passenger trains otherwise than within a depot;
          (b)  any duties of guards on passenger trains;
          (c)  the sale, collection or inspection of tickets, or the imposing of penalty fares, on passenger trains;
          (d)  the operation of signals for controlling the movement of passenger trains otherwise than within a depot;
          (e)  the exercise of control over the movement of passenger trains otherwise than within a depot; or
          (f)  any other function involved in the operation of passenger trains otherwise than within a depot.
    (8)  In this section--
    contract of employment" means any contract of service or apprenticeship;
    outside contractor" means a person other than Transport for London or a subsidiary of Transport for London;
    passenger train" means a train which is being, has just been, or is about to be, used for the provision of a TfL passenger rail service;
    premises" includes any land, building or structure;
Restrictions on contracting out certain services.
 
    railway" has the meaning given in section 67(1) of the Transport and Works Act 1992;
    reserved service" shall be construed in accordance with subsection (1) above;
    station" means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes;
    TfL passenger rail service" means any public service for the carriage of passengers by railway which is under the control of Transport for London or a subsidiary of Transport for London;
    ticket" includes any other authority to travel or to be present in a part of a station where such an authority is required.
    (9)  The Secretary of State may by order amend this section for the purpose of varying the meaning in this section of any of the following expressions--
    (a)  train-operating function";
    (b)  station-operating function";
    (c)  outside contractor"; or
    (d)  TfL passenger rail service".")
1992 c. 42.
  
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
THE BARONESS DARCY DE KNAYTH
THE BARONESS THOMAS OF WALLISWOOD
 
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.")
 
  
BY THE LORD WHITTY
 
286A     Page 104, line 21, after (" 233") insert ("or 324") 
  
After Clause 196
 
  
BY THE BARONESS GARDNER OF PARKES
THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH
THE LORD ARCHER OF WESTON-SUPER-MARE
 
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.
  
Clause 197
 
  
BY THE EARL OF CLANCARTY
 
287A*     Page 106, line 20, leave out ("penalty") and insert ("standard") 
  
Schedule 13
 
  
BY THE LORD WHITTY
 
287B     Page 232, line 20, after (" 233") insert ("or 324") 
  
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") 
  
BY THE EARL OF CLANCARTY
 
288A*     Page 234, line 18, at end insert-- 
 ("Penalty Fares Appeals Service 
     .--(1)  Subject to sub-paragraph (2) below, the Authority shall establish a body, separate from either Transport for London, or from any person providing a transport service to which this Schedule applies, to be known as the London Penalty Fares Appeals Service.
 
    (2)  Any body established by, or with the consent of the Rail Regulator to consider appeals against penalty fares issued on the national railways under Section 130 of the Railways Act 1993 may be appointed by the Authority in fulfilment of its duties under sub-section (1) above.
 
    (3)  Any person who has been issued with a penalty fare pursuant to paragraph 3 or 4 above, whose representations to the person providing the service in relation to which the penalty fare was issued has failed to result in that penalty fare being set aside, may appeal to the body, appointed under either sub-paragraph (1) or (2) above, for a determination.
 
    (4)  The Authority may, after consultation with Transport for London and the London Transport Users Committee, give guidance to the body appointed under either sub-paragraph (1) or (2) above as to the criteria it should adopt for the judging of appeals against penalty fares issued in accordance with the provisions of this schedule.
 
    (5)  The costs of the service provided under this paragraph shall be borne by Transport for London.
 
    (6)  Except as provided for in sub-paragraph (4) above, the London Transport Users Committee shall not consider penalty fares appeals except in so far as they give rise to questions as to the procedure followed by the body appointed under sub-paragraph (1) or (2) above in relation to the consideration of an individual appeal.")
 
 
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