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

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Clause 206
 
  
BY THE LORD WHITTY
 
     Page 115, line 1, leave out paragraph (c) and insert--
    ("(c)  any PPP related third party.")
 
  
After Clause 206
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     ("  .--(1) If a person fails to comply with a request under section 206(1) above, the PPP arbiter may serve a notice on that person requiring him--
    (a)  to produce to the PPP arbiter, at a time and place specified in the notice, any documents which are specified or described in the notice and are in his custody or under his control; or
    (b)  to provide to the PPP arbiter, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice.
    (2)  No person shall be required under this section--
    (a)  to produce any documents which he could not be compelled to produce in civil proceedings in the court; or
    (b)  in complying with any requirement for the provision of information, to provide any information which he could not be compelled to give in evidence in any such proceedings.
    (3)  A person who intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under subsection (1) above is guilty of an offence and liable--
    (a)  on summary conviction, to a fine not exceeding the statutory maximum; or
    (b)  on conviction on indictment, to a fine.
    (4)  If a person makes default in complying with a notice under subsection (1) above, the court may, on the application of the PPP arbiter, make such order as the court thinks fit for requiring the default to be made good.
 
    (5)  Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.
 
    (6)  In this section--
    (a)  any reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and
    (b)  the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
    (7)  In this section "the court" means the High Court.")
Failure to provide information to PPP arbiter.
     Insert the following new Clause-- 
     (" .--(1) Subject to the following provisions of this section, no information with respect to any particular business which--
    (a)  has been obtained by the PPP arbiter under or by virtue of any of the provisions of this Chapter, and
    (b)  relates to the affairs of any individual or to any particular business,
shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.
 
    (2)  Subsection (1) above does not apply to any disclosure of information which is made--
    (a)  for the purpose of facilitating the carrying out by the Secretary of State, the Mayor of London, Transport for London or the PPP arbiter of any of his or, as the case may be, its functions under this Act;
Restrictions on disclosure of information.
 
    (b)  for the purpose of facilitating the carrying out by the Secretary of State, the Rail Regulator, the Franchising Director, the Competition Commission or the Mayor of any of his or, as the case may be, its functions under the Railways Act 1993;
    (c)  for the purpose of facilitating the carrying out by--
          (i)  any Minister of the Crown,
          (ii)  the Director General of Fair Trading,
          (iii)  the Competition Commission,
          (iv)  the Director General of Telecommunications,
          (v)  the Director General of Gas Supply,
          (vi)  the Director General of Water Supply,
          (vii)  the Director General of Electricity Supply,
          (viii)  the Civil Aviation Authority,
          (ix)  the Insolvency Practitioners Tribunal, or
          (x)  a local weights and measures authority in Great Britain,
 
 of any of his or, as the case may be, its functions under any of the enactments or instruments specified in subsection (3) below; 1993 c. 43.
 
    (d)  for the purpose of enabling or assisting the Secretary of State or the Treasury to exercise any powers conferred by the Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency or for the purpose of enabling or assisting any inspector appointed under the enactments relating to companies to carry out his functions;
1986 c. 60.
 
    (e)  for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the Insolvency Act 1986 to carry out its functions as such;
1986 c. 45.
 
    (f)  for the purpose of facilitating the carrying out by the Health and Safety Commission or the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;
    (g)  for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;
    (h)  for the purpose of facilitating the carrying out by the International Rail Regulator of any of his functions under any subordinate legislation made for the purpose of implementing--
          (i)  the Directive of the Council of the European Communities dated 29th July 1991 on the development of the Community's railways; or
          (ii)  Council Directive 95/19/EC on the allocation of railway infrastructure capacity and the charging of infrastructure fees;
    (j)  in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
    (k)  for the purposes of any civil proceedings brought under or by virtue of this Act or any of the enactments or instruments specified in subsection (3) below; or
    (l)  in pursuance of a Community obligation.
    (3)  The enactments and instruments referred to in subsection (2) above are--
1974 c. 37.
 
    (a)  the Trade Descriptions Act 1968;
1968 c. 29.
 
    (b)  the Fair Trading Act 1973;
1973 c. 41.
 
    (c)  the Consumer Credit Act 1974;
1974 c. 39.
 
    (d)  the Restrictive Trade Practices Act 1976;
1976 c. 34.
 
    (e)  the Resale Prices Act 1976;
1976 c. 53.
 
    (f)  the Estate Agents Act 1979;
1979 c. 38.
 
    (g)  the Competition Act 1980;
1980 c. 21.
 
    (h)  the Telecommunications Act 1984;
1984 c. 12.
 
    (j)  the Airports Act 1986;
1986 c. 31.
 
    (k)  the Gas Act 1986;
1986 c. 44.
 
    (l)  the Insolvency Act 1986;
1986 c. 45.
 
    (m)  the Consumer Protection Act 1987;
1987 c. 43.
 
    (n)  the Electricity Act 1989;
1989 c. 29.
 
    (o)  the Property Misdescriptions Act 1991;
1991 c. 29.
 
    (p)  the Water Industry Act 1991;
1991 c. 56.
 
    (q)  the Water Resources Act 1991;
1991 c. 57.
 
    (r)  the Railways Act 1993;
    (s)  any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities dated 10th September 1984 on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising.
    (4)  The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such modifications as are specified in the order.
 
    (5)  The prohibition imposed by subsection (1) above shall be enforceable by civil proceedings--
    (a)  by the individual mentioned in that subsection, or
    (b)  by the person for the time being carrying on the business there mentioned,
for an injunction or for any other appropriate relief or remedy.
 
    (6)  In this section "the Franchising Director" means the Director General of Passenger Rail Franchising.")
1993 c. 43.
  
Clause 210
 
  
BY THE LORD WHITTY
 
     Page 116, line 21, at end insert--
    (""PPP related third party" shall be construed in accordance with section 190(2)(b) above;
    PPP related third party agreement" means any arrangements falling within section 190(2)(b) above;")
 
     Page 116, line 34, leave out ("means") and insert ("has the meaning given by section 185(2) above (that is to say,") 
  
Schedule 13
 
  
BY THE LORD WHITTY
 
     Page 261, line 2, after ("1962") insert ("or paragraph 24A of Schedule 9 to this Act") 
  
Clause 242
 
  
BY THE LORD WHITTY
 
     Page 138, line 11, leave out (" 71(2)(c)") and insert (" 71(4)(c)") 
  
Clause 259
 
  
BY THE LORD WHITTY
 
     Page 150, line 8, after ("by") insert ("or in relation to") 
     Page 150, line 11, after ("by") insert ("or in relation to") 
     Page 150, line 15, at end insert--
 
    ("(  )  Any reference in this section to anything made or done by or in relation to London Regional Transport includes a reference to anything which by virtue of any enactment is treated as having been made or done by or in relation to London Regional Transport.")
 
  
Schedule 25
 
  
BY THE BARONESS ANELAY OF ST. JOHNS
THE LORD LUKE
 
     Page 342, line 29, at end insert--
 
    ("(  ) In sub-paragraph (4) above "such bodies" shall include bodies with knowledge and experience of the needs of disabled people.")
 
     Page 342, line 31, at beginning insert ("After formal consultation with the members of the Cultural Strategy Group,") 
  
Clause 329
 
  
BY THE BARONESS ANELAY OF ST. JOHNS
THE LORD LUKE
 
     Page 180, line 32, at end insert--
 
    ("(  ) The draft strategy shall promote good practice among service providers to ensure that disabled people are not excluded from the enjoyment of culture, media and sport in Greater London.")
 
  
BY THE BARONESS ANELAY OF ST. JOHNS
 
     Page 181, line 3, at beginning insert ("Without prejudice to the generality of the duty imposed by subsection (1) above,") 
  
Clause 331
 
  
BY THE BARONESS ANELAY OF ST. JOHNS
THE LORD LUKE
 
     Page 181, line 37, at end insert--
 
    ("(  ) to promote good practice among businesses and community leaders to ensure that disabled people are not excluded from the enjoyment of tourism facilities in Greater London;")
 
  
Clause 334
 
  
BY THE BARONESS ANELAY OF ST. JOHNS
THE LORD LUKE
 
     Page 183, line 29, at end insert--
 
    (""improvement in tourism amenities and facilities" means a measured improvement in customer service")
 
  
Clause 351
 
  
BY THE LORD WHITTY
 
     Page 192, line 26, leave out ("Corporation of London") and insert ("Common Council") 
     Page 192, line 35, leave out ("Corporation of London") and insert ("Common Council") 
  
Clause 356
 
  
BY THE LORD WHITTY
 
     Page 198, line 8, leave out ("done by") and insert ("made or done by or in relation to") 
     Page 198, line 12, leave out ("done by") and insert ("made or done by or in relation to") 
     Page 198, line 18, after ("anything") insert ("made or") 
     Page 198, line 20, after ("been") insert ("made or") 
  
Clause 357
 
  
BY THE LORD WHITTY
 
     Page 199, leave out line 42 
     Page 199, line 39, at end insert--
 
    ("section (Restriction on exercise of certain powers other than through a limited company);")
 
     Page 200, line 5, at end insert--
    ("paragraph 7(3) of Schedule (Transport for London transfer schemes);")
 
  
Schedule 27
 
  
BY THE LORD WHITTY
 
     Page 347, line 20, at end insert-- 
      
("10 & 11 Eliz. 2 c. 46.The Transport Act 1962. Section 67(2A).

Section 67(15)(b).

In section 67(16), the words "and London Regional Transport".")

  
 
 
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Prepared 8 October 1999