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

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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.")
 
  
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,".") 
 
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