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Session 1998-99
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Amendments to the Greater London Authority Bill

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

Here you can browse Supplement (a) to the Third Marshalled List of Amendments to the Greater London Authority Bill to be moved in Committee in the House of Lords.

  
Clause 136
 
  
BY THE LORD WHITTY
 
256BA*     Page 73, line 8, leave out ("for the provision by that person") and insert ("with respect to the provision or financing") 
  
After Clause 143
 
  
BY THE LORD WHITTY
 
265E*     Insert the following new Clause-- 
     ("  .--(1)  The council of a London borough and the Common Council shall each have power to enter into and carry out agreements with--
    (a)  Transport for London,
    (b)  the Franchising Director, or
    (c)  any person who is the holder of a passenger licence, a network licence or a station licence,
with respect to the provision or retention, and financing, of public passenger transport services and facilities which would not be available apart from any such agreement.
 
    (2)  Transport for London and the Franchising Director shall each have power to enter into and carry out agreements with the council of a London borough or the Common Council with respect to the matters specified in subsection (1) above.
 
    (3)  The terms of an agreement entered into under this section shall be such as may be agreed between the parties to the agreement.
Provision of extra passenger transport services and facilities.
     (4)  Expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part.")1993 c. 43.
  
Clause 161
 
  
BY THE LORD WHITTY
 
277K*     Page 85, line 3, after ("give") insert ("instructions or") 
277L*     Page 85, line 5, after ("giving") insert ("instructions or") 
277M*     Page 85, line 6, after ("the") insert ("instructions or") 
277N*     Page 85, line 8, leave out ("so as") and insert ("in the manner best calculated") 
277P*     Page 85, line 9, after ("any") insert ("instructions or") 
277Q*     Page 85, line 11, after ("any") insert ("instructions or") 
277R*     Page 85, line 12, at end insert ("implementing the instructions or guidance will") 
277S*     Page 85, line 13, leave out ("the guidance conflicts") and insert ("prevent or seriously hinder him from complying") 
277T*     Page 85, line 16, leave out ("implementing the guidance will") 
278A*     Page 85, line 19, leave out ("implementing the guidance will") 
279UA*     Page 85, line 22, after ("any") insert ("instructions or") 
279VA*     Page 85, line 25, after ("which") insert ("instructions or") 
279WA*     Page 85, line 26, leave out ("5(1)") and insert ("5(1)(a)") 
  
After Clause 161
 
  
BY THE LORD WHITTY
 
279XA*     Insert the following new Clause-- 
     ("  .--(1)  The Franchising Director shall from time to time consult the Mayor as to--
    (a)  the general level and structure of the fares to be charged for the carriage of passengers by railway on services to which this section applies; and
    (b)  the general level of the provision to be made for such services.
    (2)  The services to which this section applies are services to, from or within Greater London--
    (a)  which are, or are to be, provided under franchise agreements; or
Franchising Director to consult Mayor as to fares, services etc.
 
    (b)  whose provision the Franchising Director is under a duty to secure, by virtue of section 30, 37 or 38 of the Railways Act 1993 (which relate to the failure to secure a subsequent franchise agreement and the proposed discontinuance of services).")
1993 c. 43.
  
After Clause 163
 
  
BY THE LORD WHITTY
 
279YA*     Insert the following new Clause-- 
     ("  .--(1)  Transport for London may not by virtue of any provision of this Act or any other enactment enter into or carry out any agreement with respect to the provision or retention, or financing, of public passenger transport services if the agreement--
    (a)  is one which involves the holding of a passenger licence; and
    (b)  is not an excepted agreement.
Transport for London: contracts requiring passenger licences.
     (2)  An agreement "involves the holding of a passenger licence" for the purposes of this section if it involves the doing by any person, whether or not a party to the agreement, of anything which, by virtue of section 6 of the Railways Act 1993 (prohibition on unauthorised operators of railway assets), that person may not do without the authorisation of a passenger licence.
 
    (3)  An agreement is an "excepted agreement" for the purposes of this section if it is--
    (a)  an agreement with the Franchising Director; or
    (b)  an agreement under section (Provision of extra passenger transport services and facilities) above, other than one falling within subsection (4) below.
    (4)  An agreement falls within this subsection if, in pursuance of the agreement, Transport for London or a subsidiary of Transport for London is to enter into a further agreement which involves the holding of a passenger licence.
1993 c. 43.
     (5)  Expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part.")1993 c. 43.
  
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.
  
Clause 181
 
  
BY THE LORD WHITTY
 
280A*     Page 97, line 5, leave out ("Act") and insert ("Chapter") 
  
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;")
 
  
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.
  
Clause 197
 
  
BY THE EARL OF CLANCARTY
 
     The Earl of Clancarty gives notice of his intention to oppose the Question that Clause 197 stand part of the Bill. 
  
Schedule 13
 
  
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") 
     The Earl of Clancarty gives notice of his intention to oppose the Question that Schedule 13 be the thirteenth Schedule to the Bill. 
 
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Prepared 23 June 1999