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

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After Clause 172
 
  
BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD
 
420A     Insert the following new Clause-- 
     ("  .--(1)  Subject to the following provisions, each of the London borough councils and the Common Council may provide and maintain in any highway within their district which is comprised in the route of London local bus services, or on any land abutting on such a highway, shelters or other accommodation at stopping places on the route for the use of persons intending to travel on such a service.
 
    (2)  Each of the London borough councils and the Common Council may enter into and carry out an agreement with any person for the carrying on by that person ("the contractor") of any activities associated with subsection (1) above.
 
    (3)  In exercising their powers under subsection (1) above, each of the London borough councils and the Common Council is to have regard to the Mayor's transport strategy.")
Powers of London borough councils and Common Council in respect of bus shelters, etc.
420B     Insert the following new Clause-- 
     ("  .  Section 104 of the London Passenger Transport Act 1933 (proof of signed map) is to cease to have effect.")Repeal of section 104 of London Passenger Transport Act 1933.
  
After Clause 176
 
  
BY THE LORD WHITTY
 
421     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
 
422     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);")
 
423     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
 
424     Page 99, line 43, at end insert ("Transport for London,".") 
  
Clause 185
 
  
BY THE LORD WHITTY
 
425     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.")
 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
426     Page 102, line 32, at end insert--
 
    ("(8)  Transport for London may only enter into a PPP agreement with any party after a process of competitive tendering has taken place, such tenders in an abbreviated form to be available for inspection by members of the public following the conclusion of the tendering process.")
 
  
After Clause 185
 
  
BY THE BARONESS HAMWEE
THE LORD CLEMENT-JONES
 
427     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
 
428     Page 103, line 37, leave out ("the relevant authority") and insert ("a relevant body") 
429     Page 103, line 40, leave out ("the relevant authority") and insert ("a relevant body") 
  
Clause 189
 
  
BY THE LORD WHITTY
 
430     Page 104, line 4, at end insert (", except as provided by subsection (2A) below") 
431     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.")
 
432     Page 104, line 13, after ("register") insert (", or any requisite copy documents available for inspection under subsection (2A) above,") 
433     Page 104, line 14, at end insert ("or requisite copy documents") 
  
Clause 190
 
  
BY THE LORD WHITTY
 
434     Page 104, line 23, leave out ("a third party") and insert ("another person (a "PPP related third party")") 
435     Page 104, line 31, after second ("the") insert ("PPP related") 
436     Page 104, line 34, at end insert ("PPP related") 
437     Page 104, line 36, after first ("the") insert ("PPP related") 
  
Clause 191
 
  
BY THE LORD WHITTY
 
438     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
 
439     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
 
440     Page 105, line 29, leave out from ("lease") to end of line 31 
441     Page 105, line 38, leave out ("for the PPP company's use") 
442     Page 105, line 42, after second ("the") insert ("PPP") 
443     Page 106, line 1, after second ("the") insert ("PPP") 
444     Page 106, line 2, after second ("the") insert ("PPP") 
445     Page 106, line 4, after ("the") insert ("PPP") 
446     Page 106, line 5, after ("the") insert ("PPP") 
 
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Prepared 13 October 1999