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

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After Clause 164
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
279YAZA     Insert the following new Clause-- 
     ("  .--(1)  Without prejudice to their general duty under section 123 of this Act, it shall be the special duty of Transport for London--
    (a)  to review as soon as may be, and subsequently keep under review, the railway passenger services provided by franchise operators for meeting the needs of persons travelling between places in London or between places in London and places outside that area but within fifteen miles from the GLA boundary; and
    (b)  to enter into such agreements with franchise operators and the Franchising Director as the Mayor may approve for securing that the franchise operators and the Franchising Director provide such railway passenger services as the Mayor decides to be necessary to ensure that such services make a proper contribution towards the provision for London of such a system of transport as is referred to in section 123(1) of this Act.
    (2)  The franchise operators and Franchising Director shall furnish Transport for London with any information which Transport for London may reasonably require for the purposes of the discharge of its functions under subsection (1) of this section.
 
    (3)  Any agreement under this section may include provision for the making of payments by Transport for London to franchise operators in respect of the railway passenger services provided by franchise operators in pursuance of the agreement.
 
    (4)  Before entering any agreement under this section, Transport for London shall send a copy of the proposed agreement to the Minister; but a failure to comply with this subsection shall not affect the validity of the agreement.
 
    (5)  If any dispute arises between Transport for London, the Franchising Director and the franchise operators in connection with the provision of subsections (1) or (2) of this section, any of them may require the dispute to be referred to the Minister for determination, and any agreement under the said subsection (1) may include provision for any dispute in connection with the agreement to be so referred, and where any dispute is referred to the Minister under or by virtue of this subsection, the Minister may give such directions to Transport for London, the Franchising Director and the franchise operators with respect to the dispute as he thinks fit.
 
    (6)  The Minister may, with the approval of the Treasury and in any particular case he considers it proper to do so, make grants to Transport for London towards any expenditure incurred by Transport for London by reason of any agreement entered into under subsection (1)(b) of this section.")
Arrangements with franchise operators.
  
Clause 165
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 165 stand part of the Bill. 
  
After Clause 165
 
  
BY THE LORD WHITTY
 
279YAA     Insert the following new Clause-- 
     (" .--(1) The Railways Act 1993 shall have effect as if any railway passenger services provided under or by virtue of this Act by Transport for London or a subsidiary of Transport for London (in relation to which section 37 of that Act does not have effect, in consequence of amendments made by section 162 above) were designated by order under section 49(3) of that Act as railway passenger services in relation to which Schedule 5 to that Act (alternative closure procedure) is to have effect.Procedure for closure of certain railway passenger services.
1993 c. 43.
     (2)  Schedule 5 to the Railways Act 1993 shall be amended as follows.
 
    (3)  After paragraph 5 there shall be inserted--
1993 c. 43.
 Qualifying services in and around Greater London 
 
        5A.--(1) This paragraph applies to any qualifying services--
      (a)  which are provided by Transport for London or a subsidiary of Transport for London; or
      (b)  which do not fall within paragraph (a) above but--
            (i)  are provided wholly within Greater London; and
            (ii)  are services, or services of a class or description, designated in an order made by the Secretary of State as services in relation to which this paragraph is to apply;
    and in the following provisions of this paragraph any such services are referred to as "qualifying London services".
        (2)  In the application of the other paragraphs of this Schedule in relation to qualifying London services, for any reference to the Secretary of State there shall be substituted a reference to the Mayor of London.
        (3)  Where the Mayor of London has given consent under paragraph 3(2)(b) above in respect of services provided wholly or partly outside Greater London, any person aggrieved by the decision to give consent may refer that decision to the Secretary of State.
        (4)  A referral under sub-paragraph (3) above shall be made by giving notice to the Secretary of State.
        (5)  Any notice under sub-paragraph (4) above must be given not later than 4 weeks after the date of the decision referred.
        (6)  On a reference under sub-paragraph (3) above, the Secretary of State may--
      (a)  confirm the decision to give consent;
      (b)  in the case of a decision to give consent subject to conditions, confirm the decision to give consent but modify the conditions; or
      (c)  substitute his decision for that of the Mayor of London.
        (7)  Any person who refers a decision to the Secretary of State under sub-paragraph (3) above shall provide, with his notice under sub-paragraph (4) above, a statement of the reasons why he is aggrieved by the decision.
        (8)  On disposing of any reference under sub-paragraph (3) above, the Secretary of State shall give notice of his decision to--
      (a)  the Mayor of London;
      (b)  the appropriate consultative committee;
      (c)  the operator concerned; and
      (d)  the person who referred the decision to the Secretary of State under sub-paragraph (3) above (if not falling within paragraphs (a) to (c) above).
        (9)  Before the expiration of the period of six weeks following the making of his decision on a reference under sub-paragraph (3) above, the Secretary of State shall publish notice of his decision--
      (a)  in two successive weeks in two local newspapers circulating in the area affected; and
      (b)  in such other manner as appears to him appropriate."")
 
  
After Clause 166
 
  
BY THE LORD WHITTY
 
279ZA     Insert the following new Clause-- 
     ("  .--(1)  Section 130 of the Railways Act 1993 (penalty fares) shall be amended as follows.
 
    (2)  After subsection (9) there shall be inserted--
        (9A)  Before making any regulations which have the effect of varying the amount, or the greatest amount, which a person within, or travelling to or from, Greater London may be charged by way of penalty fare, the Secretary of State must consult the Mayor of London.".")
Secretary of State to consult Mayor before changing amount of penalty fare.
1993 c. 43.
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 any of the following functions--
          (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;
          (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.")
 
  
After Clause 167
 
  
BY THE BARONESS HAMWEE
THE LORD CLEMENT-JONES
THE BARONESS THOMAS OF WALLISWOOD
 
280VA*     Insert the following new Clause-- 
     ("  .  Before any PPP agreement is entered into the Authority shall be required to have carried out and published an economic assessment in respect of the life of the agreement which demonstrates that such PPP agreement represents value for money at least comparable to that which would have been available through a publicly financed arrangement.")Value for money assessment.
280WA*     Insert the following new Clause-- 
     ("  .--(1)  In exercising his powers under section 134(1) to determine the matters specified in section 135(2)(a), the Mayor shall ensure that the general level of fares to be charged by Transport for London for railway services in respect of which a PPP agreement has been entered into is no more than the general level 12 months previous to that time increased by a percentage equal to the control rate.
 
    (2)  In subsection (1) above the control rate shall be at any time the number of percentage points by which the most recently available figure for the retail prices index has increased on the retail prices index for the month 12 months previous to that figure less the factor X.
 
    (3)  In subsection (2) above--
    (a)  the retail prices index" is the general index of retail prices (for all items) published by the Office of National Statistics, and if that index is not published for a month which is relevant for the provisions of this section then this section shall be construed as referring to any substitute index or index figures published by that Office; and
    (b)  the factor X" shall, prior to 1st April 2002, be equivalent to two percentage points, and on or after 1st April 2002 shall be equivalent to one percentage point.")
General level of fares under PPP Agreement.
280XA*     Insert the following new Clause-- 
     ("  .  Before any PPP agreement is entered into the Authority shall be required to have satisfied itself that any such PPP agreement meets the requirements of European Union tendering rules.")PPP agreements: requirement to meet EU tendering rules.
280YA*     Insert the following new Clause-- 
     ("  .  The Authority shall review the operation of any PPP agreement and the performance of the PPP company under it three years after it has been entered into.")Review of PPP agreements.
280ZA*     Insert the following new Clause-- 
     ("  .--(1)  If PPP agreements have not been entered into in respect of the whole railway network by 1st July 2000, the Authority shall be permitted to establish a public interest company as defined by subsection (2) below to operate the relevant part of the railway network.
 
    (2)  In this section, "public interest company" means a company--
    (a)  a majority of whose issued shares are held by or on behalf of any of the bodies or persons falling within paragraphs (i) to (iv) below--
          (i)  any Minister of the Crown, Government department or other emanation of the Crown;
          (ii)  any local authority;
          (iii)  any metropolitan county passenger transport authority; and
          (iv)  any body corporate whose members are appointed by a Minister of the Crown, a Government department, a local authority or a metropolitan county passenger transport authority or a body corporate whose members are so appointed;
    (b)  in which the majority of the voting rights are held by or on behalf of any of the bodies or persons in paragraph (a) above;
    (c)  a majority of whose board of directors can be appointed or removed by any of the bodies or persons in paragraph (a) above;
    (d)  in which the majority of the voting rights are controlled by any of the bodies or persons in paragraph (a) above, pursuant to an agreement with other persons; or
    (e)  a subsidiary of a company falling within paragraph (a) to (d) above.
    (3)  The public interest company may borrow money for investing in transport in Greater London.")
Establishment of public interest company.
  
Clause 181
 
  
BY THE LORD WHITTY
 
280A     Page 97, line 5, leave out ("Act") and insert ("Chapter") 
281     [Withdrawn] 
  
BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
281A     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 Acts.")
 
  
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") 
 
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