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

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After Clause 205
 
  
BY THE LORD WHITTY
 
294G     Insert the following new Clause-- 
     (" . The duty of the Secretary of State under section 16 of the Metropolitan Board of Works (Various Powers) Act 1885 to work a ferry-boat across the river Thames is transferred to Transport for London by this section.")The Woolwich Ferry.
1885 c. clxvii.
  
BY THE BARONESS GARDNER OF PARKES
 
295     Insert the following new Clause-- 
     ("  .--(1)  A person shall not smoke or carry lighted tobacco in a London taxi where passengers are by means of a prescribed notice informed that smoking is prohibited.
 
    (2)  For the purposes of this section, "prescribed notice" means a notice or marking of such type, and displayed in or on a London taxi in such manner, as the Secretary of State may by order prescribe.
 
    (3)  A passenger who contravenes subsection (1) may be required by the driver to leave a London taxi and, where the passenger refuses to comply with that requirement, may be removed by the driver or, on the request of the driver, by a constable.
 
    (4)  Nothing in subsection (3) shall be taken to relieve a passenger from the obligation to any pay fare and where a passenger is required to leave or is removed from a London taxi in accordance with that subsection before reaching his destination he shall be liable to pay the fare up to the point where he is required to leave or is removed from that taxi.
 
    (5)  A person who--
    (a)  contravenes subsection (1),
    (b)  refuses to comply with a requirement made in accordance with subsection (3), or
    (c)  resists lawful removal in accordance with that subsection,
is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
    (6)  Notwithstanding the provisions of any enactment requiring certain hirings to be accepted, it shall be lawful for the driver of a London taxi bearing a prescribed notice to refuse to carry a passenger who is smoking or carrying lighted tobacco.
Smoking in London taxis.
     (7)  In this section "London taxi" means a hackney carriage licensed under section 6 of the Metropolitan Public Carriage Act 1869.")1869 c. 115.
296     Insert the following new Clause-- 
     ("  .--(1)  A person shall not smoke or carry lighted tobacco in a taxi or private hire vehicle where passengers are by means of a prescribed notice informed that smoking is prohibited.
 
    (2)  For the purposes of this section, "prescribed notice" means a notice or marking of such type, and displayed in or on a taxi or private hire vehicle in such manner, as the Secretary of State may by order prescribe.
 
    (3)  A passenger who contravenes subsection (1) may be required by the driver to leave a taxi or private hire vehicle and, where the passenger refuses to comply with that requirement, may be removed by the driver or, on the request of the driver, by a constable.
 
    (4)  A person who--
    (a)  contravenes subsection (1),
    (b)  refuses to comply with a requirement made in accordance with subsection (3), or
    (c)  resists lawful removal in accordance with that subsection,
is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
    (5)  Notwithstanding the provisions of any enactment requiring certain hirings to be accepted, it shall be lawful for the driver of a taxi bearing a prescribed notice to refuse to carry a passenger who is smoking or carrying lighted tobacco.
 
    (6)  In this section--
Smoking in London taxis and PHVs.
 
    private hire vehicle" means a vehicle licensed under the Private Hire Vehicles (London) Act 1998; and
1998 c. 34.
 
    taxi" means a hackney carriage licensed under section 6 of the Metropolitan Public Carriage Act 1869.")
1869 c. 115.
  
Clause 206
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
296A     Page 109, line 30, at end insert ("and the London Cycle Network") 
  
BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
296ZA*     Page 109, line 30, at end insert ("outside the City of London") 
  
Clause 207
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
296AA*     Page 110, line 14, at end insert--
        ("(4)  No order may be made under this section in respect of any road unless a draft of such proposed order has been circulated to all local authorities within Greater London for a consultation period of at least six months' duration, and the responses of such authorities to such draft order have been received and considered, and no order may be made designating a road as a GLA road with effect from a date prior to the end of such period of consultation and consideration.
        (5)  No order may be made under this section in respect of a road within the City of London if before the end of the consultation period referred to in subsection (4) above the Common Council have objected that such proposed order would adversely affect either--
      (a)  the integrity of any traffic management scheme within the City of London operated by or on behalf of the Common Council on the day before the Greater London Authority Act 1999 received Royal Assent, or
      (b)  the ability of the Common Council to ensure, or to assist and facilitate those responsible for ensuring, the security of the City of London and the people and businesses resident within it."")
 
296AB*     Page 110, line 14, at end insert--
        ("(  )  The Secretary of State shall not make any order under this section in respect of any highway or proposed highway for which a London borough council or the Common Council is the highway authority, unless he has given 2 months' notice of the proposed order to the highway authority and considered any representations made."")
 
296AC*     Page 110, line 14, at end insert--
        ("(  )  An order under this section may be made solely in respect of a road which is considered in itself and on its own merits to be of strategic importance in determining an integrated transport policy for Greater London.
        (  )  In making an order under this section, the boundary of any road to be designated as a GLA road shall lie at the edge of the carriageway and shall not extend to any side roads connecting with the road in question and neither shall this section confer any authority on Transport for London over the facia of or any fixtures to any building or structure in the vicinity of any GLA road."")
 
  
Clause 208
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
296B     Page 110, line 17, after ("London") insert ("and the London Assembly") 
296C     Page 110, line 21, after ("London") insert ("and the London Assembly") 
  
BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
296CA*     Page 111, line 16, at end insert--
        ("(7)  No order may be made under this section in respect of any road unless a draft of such proposed order has been circulated to all local authorities within Greater London for a consultation period of at least six months' duration, and the responses of such authorities to such draft order have been received and considered, and no order may be made designating a road as a GLA road, or (as the case may be) cease to be a GLA road, with effect from a date prior to the end of such period of consultation and consideration.
        (8)  No order may be made under this section in respect of a road within the City of London if before the end of the consultation period referred to in subsection (7) above the Common Council have objected that such proposed order would adversely affect either--
      (a)  the integrity of any traffic management scheme within the City of London operated by or on behalf of the Common Council on the day before the Greater London Authority Act 1999 received Royal Assent, or
      (b)  the ability of the Common Council to ensure, or to assist and facilitate those responsible for ensuring, the security of the City of London and the people and businesses resident within it."")
 
296CB*     Page 111, line 16, at end insert--
 
    ("(  )  An order under this section may be made solely in respect of a road which is considered in itself and on its own merits to be of strategic importance in determining an integrated transport policy for Greater London, or (as the case may be) has ceased to be of such strategic importance.
 
    (  )  In making an order under this section, the boundary of any road to be designated as a GLA road, or (as the case may be) to cease to be a GLA road, shall lie at the edge of the carriageway and shall not extend to any side roads connecting with the road in question and neither shall this section confer any authority on Transport for London over the facia of or any fixtures to any building or structure in the vicinity of any GLA road."")
 
  
Clause 211
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
296CC*     Page 112, line 33, at beginning insert ("Subject to subsection (11A) below,") 
296CD*     Page 112, line 34, leave out ("affect,") and insert ("substantially affect traffic flows on or the operation of,") 
296CE*     Page 112, line 35, after ("to") insert ("have such") 
296CF*     Page 112, line 39, at end insert ("; but this section shall not take effect to oust the general authority, powers or responsibilities of any London borough council under the Town and Country Planning Acts, or any other enactment or enactments, including this Act, and shall apply only to any act or proposed act by or on behalf of a London borough council as it would affect the flow of traffic along or the maintenance and upkeep of any of the roads referred to above") 
296CG*     Page 113, leave out lines 35 to 45 
296CH*     Page 114, line 12, at end insert--
 
    ("(11A)  This section shall not apply to the exercise of any power if any effect on a GLA road or road in another London borough would not be a relevant consideration in the absence of this section.")
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
296D     Page 114, line 15, at end insert ("and includes the London Cycle Network") 
  
After Clause 211
 
  
BY THE LORD ARCHER OF WESTON-SUPER-MARE
 
297     Insert the following new Clause-- 
     ("  .  The Secretary of State may by regulations make provisions for and in connection with the establishment and operation by or on behalf of--
    (a)  the Authority,
    (b)  any London borough council, or
    (c)  the Common Council,
of schemes for imposing charges on undertakers of street works in Greater London.")
Charges on undertakers of street works.
  
Clause 212
 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
297YA     Page 114, line 36, at end insert ("outside the City of London") 
297ZA     Page 114, line 37, leave out subsection (3) 
  
Clause 215
 
  
BY THE LORD WHITTY
 
297A     Page 116, line 34, leave out subsections (3) to (7) 
  
Clause 217
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
297B     Page 118, line 30, after ("and") insert ("the Authority, through") 
297C     Page 118, line 32, after ("to") insert ("the Authority, through") 
297D     Page 118, line 36, after ("If") insert ("the Authority, through") 
297E     Page 119, line 9, after ("and") insert ("the Authority, through") 
  
After Clause 218
 
  
BY THE LORD WHITTY
 
297F     Insert the following new Clause-- 
     (" .--(1) Section 39 of the Road Traffic Act 1988 (powers of Secretary of State and local authorities as to giving road safety information and training) shall be amended as follows.
 
    (2)  For subsection (2) (duty of local authority to prepare and carry out measures to promote road safety etc) there shall be substituted--
        (2)  Each relevant authority--
      (a)  if it is a local authority, must prepare and carry out a programme of measures designed to promote road safety, or
      (b)  if it is Transport for London, may prepare and carry out such a programme,
    and may contribute towards the cost of measures for promoting road safety taken by other authorities or bodies."
    (3)  In subsection (3) (duty of local authority to carry out and act upon studies into accidents arising out of the use of vehicles on roads in their area, other than trunk roads) for the words preceding paragraph (a) there shall be substituted "Each relevant authority--".
 
    (4)  In paragraph (a) of that subsection (the duty to carry out the studies)--
    (a)  after "use of vehicles" there shall be inserted--
            (i)  if it is a local authority,";
    (b)  after "other than" there shall be inserted "GLA roads or"; and
    (c)  at the end there shall be added "or
            (ii)  if it is Transport for London, on GLA roads or parts of GLA roads,".
    (5)  After subsection (3) there shall be inserted--
        (3A)  The duties imposed by subsection (3) above are without prejudice to the generality of subsection (2) above and--
      (a)  in the case of a local authority, are to be discharged in pursuance of their duty under subsection (2)(a) above; and
      (b)  in the case of Transport for London, are to be discharged by exercising their powers under subsection (2)(b) above."
    (6)  In subsection (4) (definitions) the following definitions shall be inserted at the appropriate places--
Road safety information and training.
1988 c. 52.
 
      GLA road" has the same meaning as in the Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);";
      relevant authority" means a local authority or Transport for London;".")
1980 c. 66.
297G     Insert the following new Clause-- 
     (" .--(1) In section 1 of the Road Traffic Reduction Act 1997 (interpretation) the following definitions shall be inserted at the appropriate places--
      local implementation plan", in relation to a London council, means the plan prepared by the council under section 127 of the Greater London Authority Act 1999;";
      London council" means a London borough council or the Common Council of the City of London;";
      the Mayor of London's transport strategy" means the transport strategy prepared and published under section 124 of the Greater London Authority Act 1999;".
    (2)  Section 2 of that Act (duty of principal councils to make reports) shall be amended as follows.
 
    (3)  In subsection (3) (information or proposals which relate to levels of local road traffic and are required by guidance under subsection (6)) in paragraph (b), after "guidance under subsection (6)" there shall be inserted "or (in the case of a report prepared by a London council) directions under subsection (6A)".
 
    (4)  After subsection (4), there shall be inserted--
        (4A)  A report under this section prepared by a London council must take account of the Mayor of London's transport strategy and the council's local implementation plan; and--
      (a)  any targets specified in such a report pursuant to subsection (2), and
      (b)  any proposals contained in such a report pursuant to subsection (3),
    must be in conformity with that strategy and that plan."
    (5)  After subsection (6) there shall be inserted--
        (6A)  The Mayor of London may give directions or issue guidance to London councils in relation to any matter in relation to which the Secretary of State may issue guidance under subsection (6).
        (6B)  The Mayor of London must not give any direction or issue any guidance under subsection (6A) which conflicts with guidance under subsection (6).
        (6C)  A London council preparing a report under this section--
      (a)  shall comply with any directions given under subsection (6A), and
      (b)  shall have regard to any guidance issued under that subsection."
    (6)  In subsection (7)(a) (report to be sent to the Secretary of State) after "Secretary of State" there shall be inserted "and, if the council is a London council, send a copy of the report to the Mayor of London".")
The Road Traffic Reduction Act 1997.
1997 c. 54.
 
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