Greater London Authority Bill -
Amendments to be debated in the House of Lords
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Before Schedule 18
 
  
BY THE LORD WHITTY
 
497A     Insert the following new Schedule-- 
 ("SCHEDULE 
 STOPPING UP: ORDERS BY LONDON COUNCILs 
 Highways Act 1980 
     1.--(1) Section 125 of the Highways Act 1980 (further powers to stop up private access to premises) shall be amended as follows.
 
    (2)  In subsection (1) after "Minister" there shall be inserted "or London Borough".
 
    (3)  In subsection (4) after "Minister" there shall be inserted "or, as the case may be, the council of a London borough".
1980 c. 66.
 Town and Country Planning Act 1990 
     2. The Town and Country Planning Act 1990 shall be amended as follows.1990 c. 8.
 Highways affected by development: orders 
     3.--(1) Section 247 shall be amended as follows.
 
    (2)  In subsection (1) (Secretary of State's power to authorise stopping up or diversion of highway) after "highway" there shall be inserted "outside Greater London".
 
    (3)  In subsection (2) (Secretary of State's power to provide or improve other highways) after "highway" there shall be inserted "outside Greater London".
 
    (4)  After subsection (2) there shall be inserted--
        (2A)  The council of a London borough may by order authorise the stopping up or diversion of any highway within the borough, or within another London borough if the council of that borough consents, if it is satisfied that it is necessary to do so in order to enable development to be carried out--
      (a)  in accordance with planning permission granted under Part III, or
      (b)  by a government department.
        (2B)  Such an order may make such provision as appears to the council to be necessary or expedient for the provision or improvement of any other highway within the borough.".
    (5)  In subsection (3) (orders directing that highway to be maintainable at public expense etc) for "Such an order" there shall be substituted "An order under subsection (1) or (2A)".
 
    (6)  After subsection (3) there shall be inserted--
        (3A)  An order under subsection (2A) may not provide that--
      (a)  the Secretary of State
      (b)  Transport for London, or
      (c)  a London borough other than the one whose council is making the order,
    shall be the highway authority for a highway unless the Secretary of State, Transport for London or the council, as the case may be, so consents.".
    (7)  In subsection (4) (incidental provision in an order) after "Secretary of State" in both places where it occurs there shall be inserted "or the council of the London borough".
 
    (8)  In subsection (6)(a) (order making power to be without prejudice other similar powers) after "Secretary of State" there shall be inserted "or a London borough".
 
 Highways crossing or entering route of proposed new highway 
     4.--(1) Section 248 shall be amended as follows.
 
    (2)  In subsection (2) (Secretary of State's power to stop up or divert a highway affected by  construction or improvement of another highway) after "applies" there shall be inserted "and the place where the other highway crosses or enters the route of the main highway or is otherwise affected is outside Greater London".
 
    (3)  After subsection (2) there shall be inserted--
        (2A)  Where this section applies and the place where the other highway crosses or enters the route of the main highway or is otherwise affected is within a London borough, if it appears to the council of that borough expedient to do so--
      (a)  in the interests of the safety of users of the main highway; or
      (b)  to facilitate the movement of traffic on the main highway,
    it may by order authorise the stopping up or diversion of the other highway.".
    (4)  In subsection (3) (application of section 247 to orders under section 248)--
    (a)  after "Subsections (2)" there shall be inserted "and (2B)",
    (b)  for "subsection (2)" there shall be substituted "subsections (2) and (2B)".
 
 Order extinguishing right to use vehicles on highway 
     5.--(1) Section 249 shall be amended as follows.
 
    (2)  In subsection (1)(b) (cases where section 249 applies) after "trunk road" there shall be inserted ", a GLA road".
 
    (3)  At the beginning of subsection (2) (Secretary of State's power to extinguish rights to use a highway affected by improvement of amenity of area) there shall be inserted "Where the public is to cease to have such a right of way at a place outside Greater London,".
 
    (4)  After subsection (2) there shall be inserted--
        (2A)  Where--
      (a)  the public is to cease to have such a right of way at a place within a London borough, and
      (b)  the conditions mentioned in subsection (2B)(a) or (b) are satisfied,
    the council of that borough may by order provide for the extinguishment of any right which persons may have to use vehicles on that highway.
        (2B)  The conditions are that--
      (a)  the council is a local planning authority for the place where the right of way is to cease and it resolves that the right should be extinguished, or
      (b)  another authority is a local planning authority for that place and, having resolved to do so, it applies to the council of the borough for the right to be extinguished.".
    (5)  In subsection (3) (power to provide for continuance of specified rights on highway where general right of use is extinguished)--
    (a)  after "subsection (2)" there shall be inserted "or (2A)", and
    (b)  after "Secretary of State" there shall be inserted "or, as the case may be, the council of the London borough".
    (6)  In subsection (5) (order under section 249 not to be prejudiced by any other enactment) after "subsection (2)" there shall be inserted "or (2A)".
 
    (7)  In subsection (6) (revocation of order under section 249 upon application by local planning authority)--
    (a)  after "subsection (2)" there shall be inserted "or (2A)",
    (b)  after "Secretary of State" there shall be inserted "or, as the case may be, the council of the borough",
    (c)  for "he" in the first place where it occurs there shall be substituted "the Secretary of State or council", and
    (d)  for "he does so" there shall be substituted "the order is revoked".
    (8)  In subsection (8) (requirement for local planning authority to consult before applying for order to be revoked) after "subsection (2)" there shall be inserted ", (2A)".
 
    (9)  In subsection (9) (application of section 247 to order made under section 249) after "subsection (2)" there shall be inserted ", (2B)".
 
 Compensation for orders under section 249 
     6.--(1) Section 250 shall be amended as follows.
 
    (2)  In subsection (1) (right to compensation for those with an interest in land affected by an order under section 249) after "section 249(2)" there shall be inserted "or (2A)".
 
 Procedure for making of orders 
     7.--(1) Section 252 shall be amended as follows.
 
    (2)  In subsection (1) (requirement to publicise proposals in certain newspapers)--
    (a)  after "Secretary of State" in the first place where it occurs there shall be inserted "or, as the case may be, the council of a London borough", and
    (b)  after "Secretary of State" in the second place where it occurs there shall be inserted "or, as the case may be, the council of the London borough".".
    (3)  In subsection (2) (requirement to serve details of proposals on certain local and other authorities) after "Secretary of State" there shall be inserted "or, as the case may be, the council of the London borough".
 
    (4)  In subsection (3) (requirement to display details of proposals at highway concerned) after "Secretary of State" there shall be inserted "or, as the case may be, the council of the London borough".
 
    (5)  In subsection (4) (requirement to hold local inquiry if objection made)--
    (a)  after "Secretary of State" in the first place where it occurs there shall be inserted "or, as the case may be, the council of the London borough,
    (b)  for "him" there shall be substituted "to the Secretary of State or, as the case may be, the council", and
    (c)  for "unless subsection (5) applies the Secretary of State shall cause a local inquiry to be held" there shall be substituted--
      (a)  in a case where the Secretary of State is proposing to make an order, he shall cause a local inquiry to be held unless subsection (5) applies, or
      (b)  in a case where the council of a London borough is proposing to make an order, it shall notify the Mayor of London of the objections and shall cause a local inquiry to be held unless subsection (5A) applies.".
    (6)  In subsection (5) (power to dispense with local inquiry in certain circumstances) after "where" there shall be inserted "the Secretary of State is proposing to make an order and".
 
    (7)  After subsection (5) there shall be inserted--
        (5A)  In a case where--
      (a)  the council of a London borough is proposing to make the order,
      (b)  the council has under subsection (4)(b) notified the Mayor of London of the objections, and
      (c)  none of the objections notified is made by such a local authority or undertakers or transporter as are mentioned in that subsection,
    the Mayor of London shall decide whether, in the special circumstances of the case, the holding of such an inquiry is unnecessary, and if he decides that it is unnecessary he shall so notify the council which may dispense with the inquiry."
    (8)  In subsection (6) (application of other statutory provisions to local inquiry held under section 252) after "Secretary of State" there shall be inserted "or the council of a London borough".
 
    (9)  In subsection (8) (confirmation of order after local inquiry) after "Secretary of State" there shall be inserted "or, as the case may be, the Mayor of London".
 
    (10)  In subsection (10) (requirement to publicise making of order) after "Secretary of State" there shall be inserted "or, as the case may be, the Mayor of London".
 
    (11)  After subsection (10) there shall be inserted--
        (10A)  Nothing in subsection (2) shall require the council of a London borough to serve anything on itself."
 
 Procedure in anticipation of planning permission 
     8.--(1) Section 253 shall be amended as follows.
 
    (2)  In subsection (1) (power to publish certain orders in draft before planning permissions making the orders necessary are granted)--
    (a)  after "Secretary of State" in the first place where it occurs there shall be inserted "or the council of a London Borough", and
    (b)  after "Secretary of State" in the second place where it occurs there shall be inserted "or, as the case may be, the council of the London borough".
    (3)  In subsection (5) (saving of restriction on power to make order until planning permission granted) after "Secretary of State" there shall be inserted "or the council of a London borough".
 
 Temporary highway orders: mineral workings 
     9.--(1) Section 261 shall be amended as follows.
 
    (2)  In subsection (1) (Secretary of State's power to order stopping up or diversion of highway for working of minerals)--
    (a)  after "Secretary of State" there shall be inserted "or the council of a London borough", and
    (b)  after "him" there shall be inserted "or, as the case may be, the council".
    (3)  In subsection (3) (additional provision in order under section 261)--
    (a)  for "or, as the case may be," there shall be substituted ", the council of the London borough or", and
    (b)  after "authority" there shall be inserted "(as the case may be)".
 
  
Schedule 18
 
  
BY THE LORD WHITTY
 
497B     Page 275, line 12, leave out from ("road"") to end of line 13 and insert ("includes a reference to a GLA side road;") 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
498     Page 278, line 11, after ("scheme") insert--
    ("(a)  shall make provision for exemptions from charge in respect of--
          (i)  disabled persons,
          (ii)  motor vehicles taking children of under secondary school age to school or school functions,
          (iii)  school buses on school business,
          (iv)  doctors and nurses when on duty or on call,
          (v)  emergency and hospital vehicles in the course of their duties, and
          (vi)  motorbikes, and
    (b)  in other cases")
 
499     Page 279, line 30, leave out from beginning to ("be") in line 32 and insert ("The net proceeds of any charging scheme shall") 
  
BY THE BARONESS GARDNER OF PARKES
 
500     Page 279, line 47, at end insert--
 
    ("(5A)  The net proceeds are to be regarded as additional to the Greater London Authority Transport Grant.")
 
  
BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD
 
501     Page 280, line 6, leave out ("ten") and insert ("fifteen") 
502     Page 281, line 6, leave out ("ten") and insert ("fifteen") 
503     Page 281, line 7, leave out ("ten") and insert ("fifteen") 
504     Page 281, line 10, leave out ("tenth") and insert ("fifteenth") 
505     Page 281, line 48, leave out ("ten") and insert ("fifteen") 
506     Page 282, line 1, leave out ("ten") and insert ("fifteen") 
507     Page 282, line 4, leave out ("tenth") and insert ("fifteenth") 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
508     Page 287, line 10, at end insert-- 
 ("Conditions for introduction of charging scheme 
     39.  Notwithstanding any other provision in this Schedule, in order to facilitate a reduction in private road usage and thereby improve the environment of Greater London, no charging scheme shall come into operation, and no variation of an existing charging scheme shall take effect, unless and until--
    (a)  the authority proposing to make or vary that charging scheme provides a projection, derived on reasonable grounds, supported by objective evidence, and verified by independent experts, of the likely reduction in private traffic in the charging area (measure in terms of persons travelling, and volume of goods conveyed, at particular times) which will occur as a result of the introduction or variation of such charging scheme; and
    (b)  Transport for London has taken measures to ensure that the capacity of public transport services serving the charging area in question (measured in like terms) will have increased by an amount at least equal to that reduction in private traffic; and
    (c)  the measures taken by Transport for London have come into effect before the introduction or variation of the charging scheme in question (and for the avoidance of doubt no increase in the capacity of any public transport service may be counted for the purposes of this paragraph in respect of a particular charging scheme if it has already been counted in respect of another charging scheme or a licensing scheme within the meaning of Schedule 19 to this Act).")
 
  
Clause 255
 
  
BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD
 
509     Page 147, line 29, at end insert--
 
    ("(  ) The net proceeds from each scheme established under subsection (1) above shall, during the scheme's initial period as defined by paragraph 16 of Schedule 18, be applied solely for the purpose of implementing the Mayor's transport strategy.")
 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
510     Page 147, line 31, at end insert--
 
    ("(3)  Any licensing scheme established pursuant to this section shall cease to take effect, and may not be revived, if at any time there is not a scheme to improve transport arrangements (including schemes to assist the movement of pedestrians) within Greater London in the operation or establishment of which the net proceeds of the licensing scheme (within the meaning given it in Schedule 19) can be applied, and are only applied.")
 
  
BY THE LORD MORRIS OF MANCHESTER
 
511     Page 147, line 31, at end insert--
 
    ("(3)  For the purposes of this section and Schedule 19, in respect of any workplace parking licensing scheme, the Secretary of State shall prescribe the workplace parking places that shall be exempted from any licensing charges by virtue of their proposed use by vehicles used by people with prescribed disabilities.")
 
 
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Prepared 18 October 1999