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

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Clause 188
 
  
BY THE LORD WHITTY
 
283A     Page 100, line 32, leave out paragraph (c) and insert--
    ("(c)  any person who has entered into arrangements falling within section 172(2)(b) above.")
 
283B     Page 100, line 36, leave out from ("to") to ("in") in line 37 and insert ("answer any question or produce any document which he would be entitled to refuse to answer or produce") 
  
Clause 192
 
  
BY THE LORD WHITTY
 
283C     Page 102, line 1, at end insert--
 
    (""PPP arbiter" shall be construed in accordance with section 181(1) above;")
 
  
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") 
  
Schedule 12
 
  
BY THE LORD WHITTY
 
286B     Page 228, line 21, leave out ("the daytime, evening or late-night") and insert ("an eligible") 
286C     Page 228, leave out lines 24 to 26 and insert ("the eligible periods are--
    (a)  the period from midnight to 4.30 a.m.; and
    (b)  the period from 9.00 a.m. to midnight.")
 
286D     Page 228, line 27, leave out ("daytime, evening or late-night period for the purposes of sub-paragraph (3)") and insert ("periods which are eligible periods for the purposes of sub-paragraph (2)(b)") 
286E     Page 229, line 6, after ("year") insert ("(referred to in this paragraph as the "current financial year")) 
286F     Page 229, line 34, at end insert--
 
    ("(5)  In fixing the charges payable by London authorities under this paragraph Transport for London shall take into account--
    (a)  the sum applicable by virtue of sub-paragraph (6) below; and
    (b)  the matters specified in sub-paragraph (7) below.
    (6)  The sum applicable by virtue of this sub-paragraph is--
    (a)  where the free travel scheme does not have effect during the current financial year, a sum equivalent to the total of the costs agreed to be reimbursed by local authorities during the current financial year under arrangements made by virtue of section 193(1) of this Act; or
    (b)  where the free travel scheme has effect during the current financial year, a sum equivalent to the charges payable by London authorities under this paragraph in respect of the current financial year.
    (7)  The matters specified in this sub-paragraph are--
    (a)  the coming into operation of a service falling within section 195(3) of this Act, or the variation or discontinuance of such a service,
    (b)  changes in the fares payable in respect of any such service, and
    (c)  changes in the methods or information available to Transport for London for calculating the amounts specified in sub-paragraph (4) above,
since costs were last agreed to be reimbursed by local authorities under arrangements made by virtue of section 193(1) of this Act or, if more recent, since charges payable under this paragraph were last fixed.")
 
  
After Clause 196
 
  
BY THE LORD WHITTY
 
286AA     Insert the following new Clause-- 
     ("  .--(1)  If all the London authorities enter into arrangements under section 101(5) of the Local Government Act 1972 for the joint discharge of their functions under--
    (a)  subsection (1) of section 193 above, or
    (b)  subsection (2) of that section,
and the arrangements so provide, then this section shall apply.
 
    (2)  The arrangements shall have effect for such period as may be specified in the arrangements or until otherwise terminated by the unanimous decision of the London authorities.
Exercise of functions by a joint committee.
1972 c. 70.
     (3)  The arrangements must provide for the function to be discharged only by a joint committee under section 101(5)(a) of the Local Government Act 1972.
 
    (4)  The joint committee must consist of one member of each London authority.
 
    (5)  Decisions of the joint committee must be unanimous decisions of those present and voting.
 
    (6)  Subsection (5) above is subject to a resolution of the joint committee, passed unanimously by those present and voting, that--
    (a)  decisions of a kind specified in the resolution, or
    (b)  decisions generally,
may be made by such majority of those present and voting as may be specified in the resolution.
 
    (7)  The majority specified in a resolution under subsection (6) above must be not less than two-thirds of the members of the joint committee.
 
    (8)  In consequence of the preceding provisions of this section--
1972 c. 70.
 
    (a)  section 102 of the Local Government Act 1972 (appointment of committees) has effect in relation to the joint committee subject to those provisions; and
    (b)  paragraph 39(1) of Schedule 12 to that Act (questions to be decided by simple majority), as applied to a joint committee by paragraph 44(1) of that Schedule, does not have effect in relation to the joint committee.")
1972 c. 70.
  
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
 
  
    
 
287A     [Withdrawn] 
  
Schedule 13
 
  
BY THE LORD WHITTY
 
287B     Page 232, line 20, after (" 233") insert ("or 324") 
  
BY THE EARL OF CLANCARTY
 
287C     Page 232, line 39, after ("ticket") insert ("for all or part of the journey undertaken") 
287D     Page 232, line 49, after ("ticket") insert ("for all or part of the journey undertaken") 
287E     Page 233, line 3, after ("for") insert ("all or part of") 
287F     Page 233, line 29, after ("ticket") insert ("for all or part of the journey undertaken") 
287G     Page 233, line 37, after ("ticket") insert ("for all or part of the journey undertaken") 
  
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
THE BARONESS THOMAS OF WALLISWOOD
 
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.")
 
  
Clause 199
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
288B     Page 106, line 37, after ("use") insert ("public") 
288C     Page 106, line 38, leave out ("Greater London") and insert ("the Greater London area") 
288D     Page 106, line 39, at end insert--
    ("(  )  the Mayor,")
 
  
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 BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
290A     Page 236, line 33, leave out ("may") and insert ("shall") 
290B     Page 237, line 5, after ("sub-committees") insert ("or officers") 
  
BY THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH
THE BARONESS THOMAS OF WALLISWOOD
 
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 BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
291A     Page 237, line 19, after second ("the") insert ("Authority, Transport for London, the") 
291B     Page 237, line 32, at end insert--
 
    ("(2A)  Information furnished in confidence under sub-paragraph (2)(a) above shall only relate to information of a commercially or legally sensitive nature, or information relating to personnel issues of the body providing the information or the Committee.")
 
  
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")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
THE LORD WHITTY
 
294     Page 237, line 39, leave out paragraph 14 
  
Clause 200
 
  
BY THE EARL OF CLANCARTY
THE BARONESS THOMAS OF WALLISWOOD
 
294A     Page 107, line 14, after ("to") insert ("public") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
294B     Page 107, line 14, after ("transport,") insert ("including the transport needs of people with disabilities, including mobility impairments,") 
294C     Page 107, line 46, at end insert--
 
    ("(7)  It shall be the duty of the Authority or Transport for London to provide the Committee with such information as may be necessary to enable the Committee to fulfil its responsibilities in subsection (1) above.")
 
  
Clause 201
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
294D     Page 108, line 10, after ("decision") insert ("and the reasons for reaching the decision") 
  
Schedule 16
 
  
BY THE LORD WHITTY
 
294E     Page 240, leave out lines 37 to 40 and insert--
 
    ("(5)  A fee of such amount (if any) as Transport for London may determine shall be paid to Transport for London--
    (a)  by any applicant for a licence under this section, on making the application for the licence;
    (b)  by any applicant for the taking or re-taking of any test or examination, or any part of a test or examination, with respect to any matter of fitness, on making the application for the taking or re-taking of the test, examination or part; and
    (c)  by any person granted a licence under this section, on the grant of the licence.
    (5A)  In paragraph (b) of subsection (5) of this section "matter of fitness" means--
    (a)  any matter as respects which Transport for London must be satisfied before granting a licence under this section; or
    (b)  any matter such that, if Transport for London is not satisfied with respect to the matter, they may refuse to grant a licence under this section.
    (5B)  Different amounts may be determined under subsection (5) of this section for different purposes or different cases.
 
    (5C)  Transport for London may remit or refund the whole or part of a fee under subsection (5) of this section.")
 
294F     Page 241, leave out lines 29 to 32 and insert--
 
    ("(7)  A fee of such amount (if any) as Transport for London may determine shall be paid to Transport for London--
    (a)  by any applicant for a licence under this section, on making the application for the licence;
    (b)  by any applicant for the taking or re-taking of any test or examination, or any part of a test or examination, with respect to any matter of fitness, on making the application for the taking or re-taking of the test, examination or part; and
    (c)  by any person granted a licence under this section, on the grant of the licence.
    (8)  In paragraph (b) of subsection (7) of this section "matter of fitness" means--
    (a)  any matter as respects which Transport for London must be satisfied before granting a licence under this section; or
    (b)  any matter such that, if Transport for London is not satisfied with respect to the matter, they may refuse to grant a licence under this section.
    (9)  Different amounts may be determined under subsection (7) of this section for different purposes or different cases.
 
    (10)  Transport for London may remit or refund the whole or part of a fee under subsection (7) of this section.")
 
 
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