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

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Clause 146
 
  
BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD
 
388     Page 81, line 18, leave out ("five") and insert ("ten") 
389     Page 81, line 21, leave out ("different") and insert ("longer") 
390     Page 81, line 21, at end insert--
 
    ("(4A)  Neither Transport for London nor the Authority nor any subsidiary of transport for London (for the purposes of this section "the disposing body") shall dispose of any interest in operational land unless it has been given not less than four months' notice of its intention to make such a disposal together with all relevant details to the bodies specified in subsection (2) below.
 
    (4B)  Those bodies are--
    (a)  the London borough councils;
    (b)  the Common Council;
    (c)  bodies providing public passenger transport services.
    (4C)  The disposing body shall have full regard to all responses made by any body specified in subsection (4B) including any proposal to acquire the land.
 
    (4D)  Transport for London shall prepare and keep available for inspection a list of its freehold and other interests in operational and non-operational land and buildings.")
 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
391     Leave out Clause 146 
  
Clause 148
 
  
BY THE LORD WHITTY
 
392     Leave out Clause 148 
  
After Clause 148
 
  
BY THE LORD WHITTY
 
393     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.
394     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.
395     Insert the following new Clause-- 
     (" .--(1) Transport for London--
    (a)  may promote a local Bill in Parliament; and
    (b)  may oppose any local Bill in Parliament.
    (2)  Subsection (1)(a) above applies only if the Authority--
    (a)  gives its written consent to the Bill; and
    (b)  confirms that consent in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.
    (3)  If the Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to Transport for London, which shall take all necessary steps for the withdrawal of the Bill.
 
    (4)  If the Authority, in giving notice under subsection (3) above, states that it confirms its consent to the Bill if provisions specified in the notice are omitted or are amended as so specified, Transport for London may, instead of withdrawing the Bill pursuant to subsection (3) above, take all necessary steps for the omission or, as the case may be, the amendment of the provisions in question in accordance with the notice.
 
    (5)  Without prejudice to subsections (2) to (4) above, the functions conferred on Transport for London by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule (Promotion of Bills in Parliament by Transport for London) to this Act.
 
    (6)  Subsection (1)(b) above applies only if the Authority gives its written consent to Transport for London to oppose the Bill.
 
    (7)  If--
    (a)  Transport for London deposits a petition against a Bill in Parliament, but
    (b)  the consent required by subsection (6) above has not been given before the end of the period of 30 days following the day on which the petition is deposited,
Transport for London shall take all necessary steps for the withdrawal of the petition.
 
    (8)  The functions conferred or imposed on the Authority by this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
 
    (9)  Before exercising the functions conferred on the Authority by subsection (2)(a) or (b), (4) or (6) above, the Mayor shall consult the Assembly.")
Power of Transport for London to promote or oppose Bills in Parliament.
396     Insert the following new Clause-- 
     (" .--(1) Section 20 of the Transport and Works Act 1992 (power to apply for, or object to, orders) shall be amended as follows.
 
    (2)  In subsection (2) (powers to be subject to the like conditions as powers to promote or oppose Bills) after "except as provided by subsection (3)" there shall be inserted "or (4)".
 
    (3)  After subsection (3) there shall be inserted--
        (4)  In the case of Transport for London--
      (a)  the powers conferred by subsection (1) above shall be exercisable with the written consent of the Mayor of London; and
      (b)  subsection (2) above shall not have effect."")
Orders under the Transport and Works Act 1992.
1992 c. 42.
  
Clause 149
 
  
BY THE LORD WHITTY
 
396A*     Page 83, line 3, leave out ("In") 
396B*     Page 83, line 4, after ("disposal)") insert ("shall be amended as follows.
 
    (2)  In subsection (1)(a) (power to dispose of securities of one of their subsidiaries) for "one of their subsidiaries" there shall be substituted "any subsidiary of theirs".
 
    (3)  )
 
396C*     Page 83, line 4, after ("end") insert ("of the section") 
  
Clause 150
 
  
BY THE LORD WHITTY
 
396D*     Page 83, line 18, at end insert--
 
    ("(1A)  In subsection (2) after "section 3(2)" there shall be inserted "or (2A)".")
 
  
After Clause 150
 
  
BY THE LORD WHITTY
 
396E*     Insert the following new Clause-- 
     ("  .--(1)  Section 27 of the London Regional Transport Act 1984 (supplementary provisions with respect to transfer schemes) shall be amended as follows.Supplementary provisions with respect to transfer schemes.
1984 c. 32.
     (2)  In subsection (9) (modifications of Schedule 4 to the Transport Act 1968 in its application by subsection (8)) the word "and" at the end of paragraph (a) shall be omitted and after that paragraph there shall be inserted--
      (aa)  the reference in paragraph 1(1) to all property, rights and liabilities comprised in a specified part of the transferor's undertaking shall be read as including a reference to all such property, rights and liabilities subject to such exceptions as may be specified or described, or otherwise provided for, by the transfer scheme in question;
      (ab)  the reference in paragraph 13(1) to requiring the consent or concurrence of any person shall be read as including--
            (i)  a reference to being (and, where applicable, continuing after the transaction) in breach of any condition, requirement or restriction, and
            (ii)  a reference to any relevant right or option operating or becoming exercisable,
 
 
    (and any such relevant right or option shall accordingly have effect as if the transferee were the same person in law as the transferor and no transaction had taken place); and".
 
     (3)  After subsection (9) there shall be inserted--
        (10)  In subsection (9)(ab) above "relevant right or option" means any right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property, or any right to terminate or vary a contract.".")
1968 c. 73.
  
After Clause 151
 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
397     Insert the following new Clause-- 
     ("  .--(1)  With effect from the appointed day, Transport for London shall introduce, or procure or facilitate the introduction of, a means by which passengers shall be able to make journeys in Greater London using more than one public passenger transport service having purchased only a single ticket, such ticket be a voucher or an electronic card or such other system as appears to Transport for London to be the most reliable, economic and efficient means to effect such journeys.
 
    (2)  The Mayor may issue regulations under this subsection as to the day on which subsection (1) above shall come into effect, provided that the appointed day within that subsection shall be no later than the fifth anniversary of this Act coming into force.")
One ticket system for public transport.
  
Clause 152
 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
398     Page 84, line 15, at end insert--
 
    ("(3)  In exercising his powers under subsection (1) above to determine the matters specified in subsection (2)(a) above, the Mayor shall be under a duty to ensure that the general level of fares to be charged for public passenger transport services by a Tube operator at any time after this Act comes into force is no more than the general level twelve months previous to that time increased by a percentage equal to the control rate.
 
    (4)  In subsection (3) above the control rate shall be at any time the number of percentage points by which the most recently available figure for the retail prices index has increased on the retail prices index for the month twelve months previous to that figure, less the factor X.
 
    (5)  Notwithstanding anything in this Act the Mayor shall have the duty to ensure, as part of his general duty under section 126 above, that Tube operators charge only fair fares.
 
    (6)  In this section--
    the retail prices index" is the general index of retail prices (for all items) published by the Office for National Statistics, and if that index is not published for a month which is relevant for the provisions of this section then this section shall be construed as referring to any substitute index or index figures published by that Office;
    the factor X" shall, prior to 1st April 2002, be equivalent to two percentage points, and on or after 1st April 2002 shall be equivalent to four percentage points; and
    a Tube operator" is London Underground Limited or any successor body or bodies, whatever their ownership, which subsequently come to operate all or part of the undertaking operated by that body at the date of Royal Assent to this Act, including any extensions to that undertaking subsequent to that date.")
 
  
Clause 161
 
  
 
399     [Withdrawn] 
  
Clause 162
 
  
 
400     [Withdrawn] 
  
Clause 163
 
  
BY THE BARONESS GARDNER OF PARKES
 
401     Page 89, line 3, at end insert--
 
    ("(2A)  When preparing the guidance document, the Mayor shall include consideration of matters affecting--
    (a)  routes,
    (b)  terminal points,
    (c)  places at which passengers may or may not be taken up and set down,
    (d)  traffic flow, safety and congestion,
    (e)  environmental amenity,
    (f)  the safety and convenience of the public, including persons who have mobility problems, and
    (g)  any other matters which appear to the mayor to be relevant.")
 
  
Clause 164
 
  
 
402     [Withdrawn] 
  
BY THE BARONESS GARDNER OF PARKES
 
403     Page 89, line 27, at end insert--
 
    ("(4A) If--
    (a) any of the persons and bodies specified in subsection (4) above ("the consultee") objects to the grant of a London service permit or considers that a permit should only be issued subject to conditions, and
    (b) Transport for London is minded to grant a London service permit despite such objection without any or all of the conditions referred to at subsection 4A(a) above,
Transport for London shall refer the matter to be determined by an appeal panel as provided for under section 167 below.
 
    (4B) Any appeal considered under the provisions of subsection 4A above shall be by way of a hearing unless the applicant and the consultee concerned decide not to appear.")
 
  
BY THE LORD WHITTY
 
404     Page 89, line 30, after second ("to") insert ("the London Transport Users' Committee,") 
  
Clause 165
 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
405     Page 89, line 44, at end insert ("provided that no condition shall be operated if it contains or requires features which are neither essential nor reasonably incidental to the purpose of providing a safe, economic and efficient bus service for passengers") 
  
BY THE BARONESS GARDNER OF PARKES
 
406     Page 90, line 12, at beginning insert ("Subject to subsection (4A) below,") 
407     Page 90, line 15, at end insert--
 
    ("(4A)  Before varying a London service permit Transport for London shall consult--
    (a) the local authorities affected, and
    (b) any other persons whom Transport for London considers it appropriate to consult.")
 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
408     Page 90, line 31, at end insert ("or that the condition in question contains or requires features which are neither essential nor reasonably incidental to the purpose of providing a safe, economic and efficient bus service for passengers") 
  
Clause 166
 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
409     Page 90, line 34, at end insert ("provided that the contravention in question does not relate to matters which are neither essential nor reasonably incidental to the purpose of providing a safe, economic and efficient bus service for passengers") 
  
Clause 167
 
  
BY THE LORD WHITTY
 
410     Page 91, line 21, leave out from ("he") to ("refer") in line 25 and insert ("shall") 
  
Clause 169
 
  
 
411     [Withdrawn] 
  
Clause 170
 
  
BY THE LORD WHITTY
 
412     Page 93, line 26, leave out ("guidance document as revised") and insert ("current version of the guidance document") 
413     Page 93, line 30, at end insert--
 
    ("(  )  The Mayor shall send to the Common Council and to each London borough council a copy of the current version of the guidance document.")
 
414     Page 93, line 31, after ("of") insert ("the current version of") 
415     Page 93, line 31, leave out ("for the appropriate period") 
416     Page 93, line 33, after ("Authority") insert (", and
    (b)  at such other places as the Mayor considers appropriate,")
 
417     Page 93, line 34, after first ("of") insert ("the current version of") 
418     Page 93, line 35, leave out ("during the appropriate period") 
419     Page 93, line 37, leave out subsection (7) 
420     Page 93, line 39, at end insert--
 
    ("(  )  Any reference in this section to "the current version" of the guidance document is a reference to the guidance document as last published, whether originally or as revised.")
 
 
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