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

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Schedule 13
 
  
BY THE EARL OF CLANCARTY
 
469A     Page 258, line 18, after ("ticket") insert ("for all or part of the journey undertaken") 
469B     Page 258, line 28, after ("ticket") insert ("for all or part of the journey undertaken") 
469C     Page 258, line 32, after ("for") insert ("all or part of") 
469D     Page 259, line 7, after ("ticket") insert ("for all or part of the journey undertaken") 
469E     Page 259, line 15, after ("ticket") insert ("for all or part of the journey undertaken") 
469F*     Page 259, line 48, at end insert-- 
 ("Penalty Fares Appeals Service 
     .--(1)  Subject to sub-paragraph (2) below, the Authority shall establish a body, separate from either Transport for London, or from any person providing a transport service to which this Schedule applies, to be known as the London Penalty Fares Appeals Service.
 
    (2)  Any body established by, or with the consent of the Rail Regulator to consider appeals against penalty fares issued on the national railways under Section 130 of the Railways Act 1993 may be appointed by the Authority in fulfilment of its duties under sub-section (1) above.
 
    (3)  Any person who has been issued with a penalty fare pursuant to paragraph 3 or 4 above, whose representations to the person providing the service in relation to which the penalty fare was issued has failed to result in that penalty fare being set aside, may appeal to the body, appointed under either sub-paragraph (1) or (2) above, for a determination.
 
    (4)  The Authority may, after consultation with Transport for London and the London Transport Users Committee and other appropriate bodies, give guidance to the body appointed under either sub-paragraph (1) or (2) above as to the criteria it should adopt for the judging of appeals against penalty fares issued in accordance with the provisions of this schedule.
 
    (5)  The costs of the service provided under this paragraph shall be borne by Transport for London.
 
    (6)  Except as provided for in sub-paragraph (4) above, the London Transport Users Committee shall not consider penalty fares appeals except in so far as they give rise to questions as to the procedure followed by the body appointed under sub-paragraph (1) or (2) above in relation to the consideration of an individual appeal.")
 
  
BY THE LORD WHITTY
 
470     Page 261, line 2, after ("1962") insert ("or paragraph 24A of Schedule 9 to this Act") 
470A     Page 261, line 11, at end insert-- 
 ("Appeals 
         38A.--(1) If requested to do so by the Mayor, the Secretary of State shall by regulations make provision enabling a person required to pay a penalty fare to appeal against that requirement. 
     (2)  Regulations under this paragraph may include provision--
    (a)  for appeals to be heard and determined by independent adjudicators,
    (b)  for the appointment of such adjudicators,
    (c)  for requiring Transport for London to reconsider, before an appeal is determined, whether the appellant should be required to pay the penalty fare, and
    (d)  for the adjudicator's directions in relation to an appeal to be binding upon Transport for London and the appellant.")
 
  
BY THE EARL OF CLANCARTY
[As an amendment to Amendment 470A]
 
470B     Line 3, at end insert (", following consultation with appropriate bodies,") 
  
BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD
 
471     Page 261, line 11, at end insert-- 
 (Penalty fares appeals service 
     (  )  The Secretary of State may by order establish procedures for the creation of a penalty fares appeal service.") 
  
Clause 218
 
  
BY THE LORD WHITTY
 
471A     Page 121, line 36, after ("body") insert ("corporate") 
  
BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD
THE EARL OF CLANCARTY
 
472     Page 122, line 3, after ("use") insert ("public") 
  
BY THE LORD WHITTY
 
472A     Page 122, line 4, at end insert (", and 
 
    (b)  those who use rail passenger transport facilities and services in the area for which the Committee is treated as the Rail Users' Consultative Committee by virtue of section 2(4) of the Railways Act 1993")
1993 c. 43.
  
Schedule 14
 
  
BY THE LORD WHITTY
 
472B     Page 261, line 28, at end insert--
 
    ("3A. The Assembly shall provide the Committee with funds with which to make payments in accordance with any determination made by the Assembly under paragraphs 1 to 3 above.")
 
472C     Page 262, line 15, at end insert-- 
 ("Accounts 
     6A.--(1) The Committee shall keep accounting records which--
    (a)  set out and explain the Committee's financial transactions,
    (b)  disclose with reasonable accuracy the financial status of the Committee at any time, and
    (c)  enable the Committee to comply with the requirements of this Act in preparing any statement of accounts.
    (2)  The Committee shall prepare in respect of each financial year a statement of accounts giving a true and fair view of--
    (a)  the Committee's financial status at the end of that year, and
    (b)  the Committee's income and expenditure for that year.
    (3)  If the Assembly issues guidance to the Committee as to the preparation of a statement of accounts, the Committee shall prepare the statement of accounts in compliance with the direction.
 
    (4)  A statement of accounts shall be audited by a person appointed by the Assembly as auditor to do so.
 
    (5)  A person shall not be qualified to be appointed as auditor unless--
 
 
    (a)  he is eligible for appointment as a company auditor under Part II of the Companies Act 1989 (eligibility for appointment as company auditor), and
1989 c. 40.
 
    (b)  if the Committee were a company to which section 384 of the Companies Act 1985 applies (duty to appoint auditors), he would not be ineligible for appointment as company auditor of the Committee by virtue of section 27 of the Companies Act 1989 (ineligibility on ground of lack of independence).
    (6)  As soon as reasonably practicable after a statement of accounts has been audited, the auditor shall send a copy to the Assembly.
 
    (7)  The Committee's financial year shall be such period as may be determined by the Assembly and notified to the Committee.")
1985 c. 6.
1989 c. 40.
472D     Page 262, line 34, leave out from first ("the") to first ("the") in line 35 and insert ("provisions of this Schedule") 
473     [Withdrawn] 
473A     Page 263, line 25, at end insert-- 
 ("Investigation of complaints 
     13A.--(1) Section 25 of the Local Government Act 1974 (authorities subject to investigation by the Commission for Local Administration) shall be amended as follows.
 
    (2)  In subsection (1)--
    (a)  the word "and" preceding paragraph (d) shall cease to have effect; and
    (b)  at the end of paragraph (d) there shall be inserted "; and
      (e)  the London Transport Users' Committee."
    (3)  After subsection (4A) (which is inserted by section 63(3) above) there shall be inserted--
        (4B)  Any reference to an authority to which this Part of this Act applies also includes, in the case of the London Transport Users' Committee, a reference to a sub-committee of that Committee."")
1974 c. 7.
  
Clause 219
 
  
BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD
THE EARL OF CLANCARTY
 
474     Page 122, line 22, after ("to") insert ("public") 
  
BY THE LORD WHITTY
 
474A     Page 122, line 23, at end insert (", other than a matter relating to the transportation of freight.") 
474B     Page 122, leave out line 25 and insert ("any matter relating to") 
474C     Page 122, line 26, at beginning insert ("services or facilities") 
474D     Page 122, line 27, at beginning insert ("services or facilities") 
474E     Page 122, line 29, at beginning insert ("services or facilities") 
474F     Page 122, line 29, at end insert--
    ("(d)  a hackney carriage or a person licensed to be the driver of a hackney carriage, or
    (e)  a private hire vehicle or a person who holds a private hire vehicle driver's licence or a private hire vehicle operator's licence.")
 
474G     Page 122, line 34, at end insert ("or
          (ii)  hackney carriages or private hire vehicles,")
 
  
BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD
THE EARL OF CLANCARTY
 
475     Page 122, line 43, leave out from ("highway") to end of line 44 and insert ("as users of public transport") 
  
BY THE LORD WHITTY
 
475WA     Page 123, line 7, at end insert--
 
    ("(5A)  Where a representation is made to the Committee about a matter falling within subsection (2)(d) or (e) above and the matter relates to--
    (a)  any contravention of, or failure to comply with, any rule of law, or
    (b)  any breach of condition of a licence which has been granted by Transport for London,
the Committee shall refer the matter to Transport for London and shall notify the person who made the representation of the referral.")
 
475XA     Page 123, line 10, at end insert--
 
    ("(  )  In this section--
 
 
    hackney carriage" means a vehicle licensed under section 6 of the Metropolitan Public Carriage Act 1869;
1869 c. 115.
 
    person licensed to be the driver of a hackney carriage" means a person licensed under section 8 of the Metropolitan Public Carriage Act 1869 or section 8 of the London Hackney Carriages Act 1843;
1869 c. 115.
1843 c. 86.
 
    private hire vehicle" means a vehicle for which a private hire vehicle licence for London is in force under section 7 of the Private Hire Vehicles (London) Act 1998;
    private hire vehicle driver's licence" means a licence granted under section 13 of that Act;
    private hire vehicle operator's licence" means a license granted under section 3 of that Act.")
1998 c. 34.
  
After Clause 219
 
  
BY THE LORD WHITTY
 
475YA     Insert the following new Clause-- 
     (" .--(1) The Committee may enter into arrangements with any person providing public passenger transport services or facilities in Greater London under which the Committee may consider any matter--
    (a)  which relates to such transport services or facilities provided by that person, but
    (b)  which is not a matter falling within section 219(1) above.
    (2)  Arrangements under subsection (1) above shall be on such terms as may be agreed by the parties but may in particular include provision for the person with whom the Committee enters into the arrangements to make such payments by way of reimbursement of costs incurred by the Committee under the arrangements as the arrangements may specify.
 
    (3)  Arrangements under this section may be entered into by the Committee only with the consent of the Assembly.")
Voluntary arrangements with transport providers.
  
After Clause 220
 
  
BY THE LORD WHITTY
 
475ZA     Insert the following new Clause-- 
     (" .--(1) The Assembly may issue to the Committee--
    (a)  guidance as to the manner in which they are to exercise their functions, or
    (b)  general directions as to the manner in which they are to exercise their functions.
    (2)  The Committee shall exercise their functions in accordance with such guidance or directions as may be issued by the Assembly under subsection (1) above.
 
    (3)  Any guidance or directions issued under subsection (1) above must be issued in writing and notified to such officer of the Committee as the Committee may from time to time nominate to the Assembly for the purpose.")
Directions by the Assembly.
  
Before Clause 225
 
  
BY THE LORD WHITTY
 
475A     Insert the following new Clause-- 
     ("  .  Transport for London may provide or secure the provision of such amenities and facilities as it considers would benefit persons using any waterway.")Provision of facilities to benefit users of waterways.
  
After Clause 225
 
  
BY THE LORD WHITTY
 
475B     Insert the following new Clause-- 
     ("  .--(1)  This section applies where--
    (a)  a landing place was transferred to London Regional Transport or any of its subsidiaries on or after 31st March 1999 but before this section comes into force, or
    (b)  after this section comes into force a landing place is transferred to London Regional Transport or any of its subsidiaries pursuant to an agreement made on or after 31st March 1999 but before this section comes into force.
    (2)  In this section "qualifying landing place"--
    (a)  means a landing place transferred as mentioned in subsection (1)(a) or (b) above, and
    (b)  includes any property associated with the landing place and transferred with it.
    (3)  Any agreement --
    (a)  made between the transferor of a qualifying landing place and the owner of a vessel, or with a waterman in respect of a vessel not owned by him, and
    (b)  which concerns the use of the qualifying landing place by the vessel,
shall have effect on and after the relevant date in accordance with subsections (4) to (6) below.
 
    (4)  The agreement shall have effect as if--
    (a)  the transferee had been a party to the agreement instead of the transferor;
    (b)  for any reference to the transferor there were substituted a reference to the transferee;
    (c)  any reference to any officer or member of staff of the transferor were a reference to such person as the transferee may appoint or, in default of appointment, to the officer or member of staff of the transferee who most closely corresponds to the transferor's officer or member of staff;
and this subsection shall apply whether or not the agreement is capable of being assigned or transferred.
 
    (5)  An agreement shall only have effect in accordance with subsection (4) above--
    (a)  to the extent that the agreement concerns the use of the qualifying landing place by the vessel, and
    (b)  in relation to things falling to be done under the agreement on or after the relevant date.
    (6)  An agreement shall not have effect in accordance with subsection (4) above to the extent that the transferor and the transferee have made contrary provision.
 
    (7)  For the purposes of this section--
    landing place" means any waterside landing place, pier, jetty, pontoon or other similar installation;
    transferee", in relation to a qualifying landing place, means the body (being London Regional Transport or one of its subsidiaries) to which the landing place is or was transferred as mentioned in subsection (1)(a) or (b) above;
    transferor", in relation to qualifying landing place, means the person by whom the landing place is or was transferred to a transferee as mentioned in subsection (1)(a) or (b) above;
    relevant date", in the case of a qualifying landing place, means--
          (a)  the date when this section comes into force if on that date the landing place has been transferred to a transferee, or
          (b)  if the landing place has not been so transferred, the date when it is transferred to the transferee;
    waterman" means a person who navigates a vessel used for carrying passengers for reward.")
Landing places: transfer of certain rights and obligations.
  
Clause 227
 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
476     Page 125, line 34, at end insert--
        ("(4)  No order may be made under this section in respect of any road unless a draft of such proposed order has been circulated to all local authorities within Greater London for a consultation period of at least nine months' duration, and the responses of such authorities to such draft order have been received and considered, and no order may be made designating a road as a GLA road with effect from a date prior to the end of such period of consultation and consideration.
        (5)  No order may be made under this section in respect of a road within the City if before the end of the consultation period referred to in subsection (4) above the Common Council have objected that such proposed order would adversely affect either--
      (a)  the integrity of any traffic management scheme within the City of London operated by or on behalf of the Common Council on the day before the Greater London Authority Act 1999 received Royal Assent, or
      (b)  the ability of the Common Council to ensure, or to assist and facilitate those responsible for ensuring, the security of the City of London and the people and businesses resident within it."")
 
477     Page 125, line 34, at end insert--
        ("(  )  The Secretary of State shall not make any order under this section in respect of any highway or proposed highway for which a London borough council or the Common Council is the highway authority, unless he has given 2 months' notice of the proposed order to the highway authority and considered any representations made."")
 
478     Page 125, line 34, at end insert--
        ("(  )  An order under this section may be made solely in respect of a road which is considered in itself and on its own merits to be of strategic importance in determining an integrated transport policy for Greater London.
        (  )  In making an order under this section, the boundary of any road to be designated as a GLA road, shall lie at the edge of the carriageway and shall not extend to any side roads connecting with the road in question and neither shall this section confer any authority on Transport for London over the facia of or any fixtures to any building or structure in the vicinity of any GLA road."")
 
 
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