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

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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.")
 
425A     Page 102, line 24, leave out subsections (5) and (6) and insert--
 
    ("(5)  If a party who undertakes to carry out or secure the carrying out of any or all of the work mentioned in subsection (3) above is a public sector operator at the time when the contract is made, that party must no longer be a public sector operator on the day following the expiration of the period of six weeks beginning with the day on which the condition in subsection (7) below is satisfied.")
 
  
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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