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

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Clause 148
 
  
BY THE LORD WHITTY
 
     Leave out Clause 148 
  
After Clause 148
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     ("  .--(1) Transport for London may make schemes for the transfer of property, rights and liabilities--
    (a)  between Transport for London and any subsidiary of Transport for London; or
    (b)  between any subsidiary of Transport for London and any other such subsidiary.
    (2)  A scheme under this section shall not take effect unless and until it has been approved by the Mayor.
 
    (3)  Where a scheme under this section is submitted to the Mayor for his approval, he may, after consultation with Transport for London, modify the scheme before approving it.
 
    (4)  Schedule (Transport for London transfer schemes) to this Act (which makes further provision in relation to schemes under this section) shall have effect.")
Distribution of property, rights and liabilities.
     Insert the following new Clause-- 
     ("  .--(1) Section 236 of the Local Government Act 1972 (procedure for byelaws) shall be amended as follows.
 
    (2)  In subsection (1) after the words "the Greater London Authority" (which are inserted by section 65(2) above) there shall be inserted ", Transport for London".
 
    (3)  After subsection (10B) (which is inserted by section 65(3) above) there shall be inserted--
        (10C)  Transport for London shall send a copy of every byelaw made by it, and confirmed, to--
      (a)  the Mayor of London;
      (b)  each London Borough Council; and
      (c)  the Common Council."")
Procedure for making byelaws.
1972 c. 70.
  
Clause 164
 
  
BY THE LORD WHITTY
 
     Page 89, line 30, after second ("to") insert ("the London Transport Users' Committee,") 
  
Clause 167
 
  
BY THE LORD WHITTY
 
     Page 91, line 21, leave out from ("he") to ("refer") in line 25 and insert ("shall") 
  
After Clause 176
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     (" .--(1) The Secretary of State may, after consultation with the Rail Regulator and the Franchising Director, by order grant at any time--Licence exemptions and facility exemptions in and around Greater London.
 
    (a)  a licence exemption under subsection (1) of section 7 of the Railways Act 1993, notwithstanding anything in subsection (10) of that section, or
    (b)  a facility exemption under section 20 of that Act, notwithstanding anything in subsection (9) of that section,
subject to and in accordance with the following provisions of this section.
 
    (2)  An exemption by virtue of paragraph (a) or (b) of subsection (1) above may only be granted in respect of railway assets or railway facilities comprised in, or used on or in connection with, a network on which some or all of the regular scheduled passenger services are operated by London Regional Transport or Transport for London or a subsidiary of London Regional Transport or Transport for London.
 
    (3)  The power conferred by subsection (1) above is exercisable only if the Secretary of State has received an application for the grant of the exemption from the appropriate London transport authority.
 
    (4)  In this section--
    the appropriate London transport authority" means--
          (a)  as respects any time before the transfer date, London Regional Transport; and
          (b)  as respects any time on or after that date, Transport for London;
    the transfer date" means the date on which London Underground Limited becomes a subsidiary of Transport for London;
1993 c. 43.
 and, subject to that, 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 178
 
  
BY THE LORD WHITTY
 
     Page 98, line 2, at end insert--
    ("(  )  an agreement with respect to the provision or retention, or financing, of regular scheduled railway passenger services operated by a London transport body;
    (  )  an agreement with respect to the provision or retention, or financing, of regular scheduled railway passenger services operated by a person other than a London transport body on track used for the provision of regular scheduled railway passenger services operated by a London transport body (whether or not the track is also used for other purposes);")
 
     Page 98, line 10, at beginning insert--
 
    ("In this section "London transport body" means--
    (a)  London Regional Transport;
    (b)  Transport for London; or
    (c)  a subsidiary of London Regional Transport or Transport for London;
and, subject to that,")
 
  
Clause 182
 
  
BY THE LORD WHITTY
 
     Page 99, line 43, at end insert ("Transport for London,".") 
  
Clause 185
 
  
BY THE LORD WHITTY
 
     Page 102, line 9, leave out subsection (2) and insert--
 
    ("(2)  At least one of the parties to the contract must be a relevant body for the purposes of this Chapter, that is to say--
    (a)  London Regional Transport;
    (b)  Transport for London; or
    (c)  a subsidiary of London Regional Transport or Transport for London.")
 
  
After Clause 185
 
  
BY THE BARONESS HAMWEE
THE LORD CLEMENT-JONES
 
     Insert the following new clause-- 
     ("  .--(1)  Before any PPP agreement is entered into the Secretary of State shall have carried out 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."
 
    (2)  Such assessment shall be published by the Secretary of State immediately after the relevant PPP agreement has been entered into.")
Conditions for entry into PPP agreement.
  
Clause 188
 
  
BY THE LORD WHITTY
 
     Page 103, line 37, leave out ("the relevant authority") and insert ("a relevant body") 
     Page 103, line 40, leave out ("the relevant authority") and insert ("a relevant body") 
  
Clause 189
 
  
BY THE LORD WHITTY
 
     Page 104, line 4, at end insert (", except as provided by subsection (2A) below") 
     Page 104, line 10, at end insert--
 
    ("(2A)  The register need not contain an entry in respect of any particular key system asset or description of key system assets if the relevant authority, with the consent of the PPP company concerned, keeps the requisite copy documents available for inspection by the public at all reasonable hours free of charge.
 
    (2B)  For the purposes of this section the "requisite copy documents", in the case of any particular key system asset or description of key system assets, are copies of--
    (a)  the document which contains the designation under paragraph (a) or (b) of section 188(1) above, and
    (b)  such other documents (if any) as may be necessary to disclose the information which would (apart from subsection (2A) above) be required to be stated in the register,
or of such extracts from those documents as disclose the designation or, as the case may be, the information concerned.")
 
     Page 104, line 13, after ("register") insert (", or any requisite copy documents available for inspection under subsection (2A) above,") 
     Page 104, line 14, at end insert ("or requisite copy documents") 
  
Clause 190
 
  
BY THE LORD WHITTY
 
     Page 104, line 23, leave out ("a third party") and insert ("another person (a "PPP related third party")") 
     Page 104, line 31, after second ("the") insert ("PPP related") 
     Page 104, line 34, at end insert ("PPP related") 
     Page 104, line 36, after first ("the") insert ("PPP related") 
  
Clause 191
 
  
BY THE LORD WHITTY
 
     Page 105, line 10, leave out subsection (5) and insert--
 
    ("(5)  Where a PPP agreement makes provision for or in connection with the transfer to a successor body at any time--
    (a)  of any shares in a PPP company, or
    (b)  of any key system assets,
the relevant authority shall ensure that the PPP agreement includes provision specifying, or providing for the determination of, the amounts which are to be paid in respect of those shares or key system assets.
 
    (5A)  In subsection (5) above, "successor body" means--
    (a)  a relevant body;
    (b)  a PPP company; or
    (c)  a PPP related third party.
    (5B)  Any reference in this section to a PPP company or PPP related third party includes a reference to a body or person which has been or is to be such a company or party.")
 
  
After Clause 191
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     ("  .--(1) Transport for London may make schemes for the transfer of key system assets from any body falling within subsection (2) below to any other such body.
 
    (2)  Those bodies are--
    (a)  Transport for London;
    (b)  any subsidiary of Transport for London;
    (c)  any PPP company;
    (d)  any PPP related third party.
    (3)  A scheme under this section shall not take effect unless and until it has been approved by the Mayor.
 
    (4)  The transfers which may be made by virtue of a scheme under this section include transfers taking effect before, on or after the expiration of the term of the PPP agreement or PPP related third party agreement by reference to which the transferor or transferee under the scheme falls within subsection (2) above.
 
    (5)  No scheme under this section for the transfer of key system assets from or to--
    (a)  a PPP company, or
    (b)  a PPP related third party,
may be made otherwise than in accordance with the terms of the PPP agreement or PPP related third party agreement by reference to which the PPP company or PPP related third party falls within subsection (2) above.
 
    (6)  In this section--
    (a)  any reference to key system assets includes a reference to property, rights or liabilities which have been or are to be such assets; and
    (b)  any reference to a PPP company or PPP related third party includes a reference to a body or person which has been or is to be such a company or party.
    (7)  Schedule (Transport for London transfer schemes) to this Act (which makes further provision in relation to schemes under this section) shall have effect.")
Schemes for the transfer of key system assets.
  
Clause 192
 
  
BY THE LORD WHITTY
 
     Page 105, line 29, leave out from ("lease") to end of line 31 
     Page 105, line 38, leave out ("for the PPP company's use") 
     Page 105, line 42, after second ("the") insert ("PPP") 
     Page 106, line 1, after second ("the") insert ("PPP") 
     Page 106, line 2, after second ("the") insert ("PPP") 
     Page 106, line 4, after ("the") insert ("PPP") 
     Page 106, line 5, after ("the") insert ("PPP") 
 
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Prepared 8 October 1999