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

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After Clause 403
 
  
BY THE LORD WHITTY
 
123     Insert the following new Clause-- 
     ("  .--(1)  If, at any time after a transfer or pension instrument has come into force, a Minister of the Crown considers it appropriate to do so, he may by order provide that the instrument shall for all purposes be deemed to have come into force with such modifications as may be specified in the order.
 
    (2)  An order under subsection (1) above may make such provision as could have been made by the transfer or pension instrument.
 
    (3)  An order under subsection (1) above may only be made after the requisite consultation.
 
    (4)  If, at any time after a scheme under section 400 above has come into force, a Minister of the Crown considers it appropriate to do so, he may by directions require a body or person falling within subsection (2) of section 399 above to prepare modifications to the scheme of such a description as may be specified in the directions.
 
    (5)  Where a body or person is required to prepare any modifications under subsection (4) above, the body or person shall submit the modifications to the Minister for his approval before such date as he may direct.
 
    (6)  Where any modifications are submitted under subsection (5) above, the Minister may approve them with or without amendment.
 
    (7)  Approval under subsection (5) above shall only be given after the requisite consultation.
 
    (8)  An approval under subsection (5) above shall take effect on such date as the Minister may specify in giving the approval.
 
    (9)  Where any modifications are made and approved under the preceding provisions of this section, whether with or without amendment, the scheme shall for all purposes be deemed to have come into force with those modifications, subject to any such amendment.
 
    (10)  For the purposes of this section, "the requisite consultation"--
    (a)  if or to the extent that the transfer or pension instrument concerned makes provision by virtue of the pension powers of this Part, is consultation with the trustees or managers, or the administrators, of any pension scheme affected; and
    (b)  if or to the extent that the transfer or pension instrument concerned makes provision otherwise than by virtue of the pension powers of this Part, is consultation with any body which, or person who, the Minister considers may be affected.
    (11)  In this section--
    approval" means approval in writing;
    the pension powers of this Part" means--
          (a)  in the case of a scheme, section 400(6) above; and
          (b)  in the case of an order, section 402 above;
    transfer or pension instrument" has the same meaning as in section 403 above.")
Modification of transfer or pension instruments.
124     Insert the following new Clause-- 
     ("  .--(1)  This section applies in any case where a transfer or pension instrument provides for the transfer of any foreign property, rights or liabilities.
 
    (2)  It shall be the duty of the transferor and the transferee to take, as and when the transferee considers appropriate, all such steps as may be requisite to secure that the vesting in the transferee by virtue of the transfer or pension instrument of any foreign property, right or liability is effective under the relevant foreign law.
 
    (3)  Until the vesting in the transferee, by virtue of the transfer or pension instrument, of any foreign property, right or liability is effective under the relevant foreign law, it shall be the duty of the transferor to hold that property or right for the benefit of, or to discharge that liability on behalf of, the transferee.
 
    (4)  Nothing in subsections (2) and (3) above shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting in the transferee by virtue of a transfer or pension instrument of any foreign property, right or liability.
 
    (5)  The transferor shall have all such powers as may be requisite for the performance of his duty under this section, but it shall be the duty of the transferee to act on behalf of the transferor (so far as possible) in performing the duty imposed on the transferor by this section.
 
    (6)  References in this section to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.
 
    (7)  Duties imposed on the transferor or the transferee by this section shall be enforceable in the same way as if the duties were imposed by a contract between the transferor and the transferee.
 
    (8)  Any expenses incurred by the transferor under this section shall be met by the transferee.
 
    (9)  In this section "transfer or pension instrument" has the same meaning as in section 403 above")
Foreign property, rights or liabilities: perfection of vesting.
  
After Clause 404
 
  
BY THE LORD WHITTY
 
125     Insert the following new Clause-- 
     (".--(1)  Where--Repeal and re-enactment: supplementary provisions.
 
    (a)  provision is made by or under this Act for the repeal and re-enactment (with or without modifications) of any provision of the London Regional Transport Act 1984, and
1984 c. 32.
 
    (b)  the provision as re-enacted ("the new provision") comes into force before the repeal of the provision of the London Regional Transport Act 1984 ("the old provision"),
subsection (2) below shall apply.
 
    (2)  Where this subsection applies, the provision that may be made by the Secretary of State under or by virtue of any power to make transitional provision by order under any provision of this Part includes power to make provision--
    (a)  for any reference to the old provision in any relevant document to be construed as, or as including, a reference to the new provision, or
    (b)  for anything made or done, or having effect as if made or done, under or by virtue of the old provision, to have effect, to the extent that it could have been made or done under or by virtue of the new provision, as if made or done under or by virtue of the new provision,
notwithstanding that the repeal of the old provision has not come into force.
 
    (3)  In subsection (2) above "relevant document" means--
    (a)  any enactment;
    (b)  any instrument made under an enactment;
    (c)  any deed or other instrument;
    (d)  any agreement;
    (e)  any document not falling within the other paragraphs of this subsection.
    (4)  An order under subsection (2) above may make provision--
    (a)  in relation to all provisions falling within subsection (1)(b) above or such of those provisions as may be specified or described in the order; and
    (b)  generally or in relation to such cases or circumstances, or such relevant documents or descriptions of relevant documents, as may be so specified or described.
1984 c. 32.
     (5)  Subsections (6) to (8) below have effect in relation to any agreement made by London Regional Transport under or by virtue of paragraph (a) of section 3(2A) of the London Regional Transport Act 1984 (whether or not the agreement is a transport subsidiary's agreement or has effect as if made under or by virtue of section 156(3) of this Act by Transport for London).
 
    (6)  In the case of any such agreement--
    (a)  no provision of the agreement shall operate or cease to have effect, and
    (b)  no rights under the agreement shall operate or become exercisable,
by reason only that a statutory duty exercisable by any body or person ("the predecessor") becomes exercisable instead by another body or person ("the transferee") in consequence of any provision made by or under this Act for the repeal and re-enactment (with or without modifications) of the provision imposing the statutory duty.
 
    (7)  Accordingly, any such agreement shall continue in force and have effect as if the predecessor and the transferee were in law the same person and as if there had been no change in the body or person by whom the statutory duty is exercisable.
1984 c. 32.
     (8)  In any such agreement, or any agreement made in connection with such an agreement, any reference to London Regional Transport's duties under the London Regional Transport Act 1984 shall be taken as including a reference to the corresponding duties of Transport for London or the Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly) under this Act.
 
    (9)  This section is without prejudice to--
    (a)  any power conferred by any other provision of this Act; and
1984 c. 32.
 
    (b)  sections 15 to 17 of the Interpretation Act 1978.")
1978 c. 30.
  
Clause 408
 
  
BY THE LORD WHITTY
 
126     Page 247, line 12, at end insert--
    ("section (Modification of transfer or pension instruments);")
 
127     Page 247, line 13, at end insert--
    ("paragraph 8A(1)(b) of Schedule 17;")
 
  
Clause 412
 
  
BY THE LORD WHITTY
 
128     Page 249, line 10, at end insert--
    (""transport subsidiary's agreement" has the meaning given by section (Meaning of transport subsidiary's agreement)")
 
  
Schedule 3
 
  
BY THE LORD WHITTY
 
129     Page 267, line 37, leave out from ("shall") to end of line 39 and insert (", as respects that election, be disqualified from being elected or being the Mayor of London") 
  
Schedule 5
 
  
BY THE LORD WHITTY
 
130     Page 279, line 14, after ("the") insert ("exercise of") 
131     Page 279, line 14, leave out ("are") and insert ("is") 
132     Page 279, line 17, after ("the") insert ("exercise of") 
133     Page 279, line 18, leave out ("are") and insert ("is") 
  
Schedule 8
 
  
BY THE LORD WHITTY
 
134     Page 286, line 8, after ("body") insert ("or the London Pensions Fund Authority)") 
135     Page 286, line 28, after ("body") insert ("or the London Pensions Fund Authority") 
136     Page 286, line 34, leave out from ("of") to ("Part") in line 35 and insert ("each of the following bodies, namely--
    (a)  Transport for London,
    (b)  the London Development Agency,
    (c)  the London Pensions Fund Authority,")
 
137     Page 286, line 36, leave out ("authority") and insert ("body") 
138     Page 289, line 4, at end insert ("or the London Pensions Fund Authority") 
139     Page 289, line 7, leave out ("functional") 
140     Page 289, line 15, after ("body") insert ("or the London Pensions Fund Authority") 
  
Schedule 11
 
  
BY THE LORD WHITTY
 
141     Page 297, line 10, after ("Act") insert ("or in pursuance of a transport subsidiary's agreement") 
142     Page 299, line 47, at end insert ("or of any transport subsidiary's agreement") 
143     Page 300, line 28, after ("Act") insert ("or under a transport subsidiary's agreement") 
144     Page 300, line 33, after ("Act") insert ("or of a transport subsidiary's agreement falling within section (Meaning of transport subsidiary's agreement) (3) above") 
145     Page 302, line 20, at beginning insert ("Subject to sub-paragraphs (1A) and (1B) below,") 
146     Page 302, line 22, at end insert-- 
     ("(1A)  Sub-paragraph (1) above does not apply to any landing place for which the Port of London Authority have power to make byelaws under section 161 of the Port of London Act 1968 (byelaws for port premises).1968 c. xxxii.
     (1B)  No byelaw made by Transport for London under sub-paragraph (1) above shall conflict or interfere with the operation of any byelaw made by the Port of London Authority under section 162(1)(b) or (e) of the Port of London Act 1968 (Thames byelaws).")1968 c. xxxii.
147     Page 303, line 38, at end insert ("or of any transport subsidiary's agreement") 
  
Schedule 12
 
  
BY THE LORD WHITTY
 
148     Page 304, line 18, leave out (", and no right to terminate or vary a contract,") 
149     Page 304, line 21, at end insert--
 
    ("(  )  No right to terminate or vary a contract or instrument shall operate or become exercisable, and no provision of a contract or relevant document shall operate or become exercisable or be contravened, by reason of any transfer by virtue of a transfer scheme or by virtue of an instrument or agreement made in connection with a transfer scheme.")
 
150     Page 304, line 22, leave out sub-paragraph (3) and insert--
 
    ("(3)  For purposes connected with any transfers (including transfers of rights and liabilities under an enactment) made by virtue of a transfer scheme, or by virtue of an instrument or agreement made in connection with a transfer scheme, a body or person to which anything is transferred by any such transfer is to be treated as the same person in law as the body or person from which that thing is transferred, except as otherwise provided in the transfer scheme, instrument or agreement.")
 
151     Page 304, line 35, leave out sub-paragraph (6) 
152     Page 304, line 37, at end insert--
 
    ("(  )  In this paragraph, "relevant document" means--
    (a)  any enactment, other than an enactment contained in this Act;
    (b)  any subordinate legislation made otherwise than under this Act; or
    (c)  any deed or other instrument.")
 
  
Schedule 13
 
  
BY THE LORD WHITTY
 
153     Page 309, line 17, after ("the") insert ("exercise of") 
154     Page 309, line 17, leave out ("are") and insert ("is") 
155     Page 309, line 20, after ("the") insert ("exercise of") 
156     Page 309, line 21, leave out ("are") and insert ("is") 
  
Schedule 16
 
  
BY THE LORD WHITTY
 
157     Page 322, line 51, at end insert ("or who has entered into a transport subsidiary's agreement)") 
  
Schedule 17
 
  
BY THE LORD WHITTY
 
158     Page 324, line 36, after ("Act") insert ("or in pursuance of a transport subsidiary's agreement") 
159     Page 325, line 31, after ("Act") insert (", or in pursuance of a transport subsidiary's agreement,") 
160     Page 329, line 18, at end insert-- 
 ("Power to apply Schedule to certain other train services 
     8A.--(1)  This paragraph applies to any services for the carriage of passengers by railway which do not fall within paragraph 2(1) above but which--
    (a)  are provided wholly within Greater London; and
    (b)  are services, or services of a class or description, designated in an order made by the Secretary of State as services in relation to which this paragraph is to apply;
and in the following provisions of this paragraph any such services are referred to as "qualifying train services".
 
    (2)  The Mayor may, on the application of a person who provides qualifying train services, by order provide that this Schedule shall apply, from such date and with such modifications as may be specified in the order, to qualifying train services provided by that person.
 
    (3)  The power to make an order under sub-paragraph (2) above includes power, exercisable in the same manner and subject to the same conditions and limitations, to revoke, amend or re-enact any such order.
 
    (4)  Without prejudice to sub-paragraph (3) above, an order under sub-paragraph (2) above may specify circumstances in which the order shall cease to have effect before the expiry of any period specified in such an order.
 
    (5)  An order under sub-paragraph (2) above, and any order revoking, amending or re-enacting such an order, may contain such incidental, supplemental, consequential or transitional provision as may appear to the Mayor to be necessary or expedient.
 
    (6)  Where a person makes an application for an order under sub-paragraph (2) above, or for an order revoking, amending or re-enacting such an order, the Mayor may recover from that person payments in respect of the administrative costs reasonably incurred in connection with--
    (a)  the application, and
    (b)  if an order is made as a result of the application, the making of the order,
not exceeding £5,000 in the aggregate.
 
    (7)  The Mayor shall secure that any order under sub-paragraph (2) above, and any order revoking, amending or re-enacting any such order, is printed and published.
 
    (8)  A fee may be charged for the sale of an order printed and published under sub-paragraph (7) above.
 
    (9)  Where any services become qualifying services by virtue of an order under sub-paragraph (1)(b) above, any order which--
    (a)  is contained in a statutory instrument made by the Secretary of State,
    (b)  makes provision for or in connection with the imposition of penalty fares on passengers travelling on those services, and
    (c)  is in force immediately before this paragraph begins to apply to the services by virtue of the order under sub-paragraph (1)(b) above,
may, so far as relating to those services, be revoked under this paragraph as if it were an order under sub-paragraph (2) above.
 
    (10)  This paragraph applies in relation to a tramway as it applies in relation to a railway.
 
     (11)  In this paragraph "railway" and "tramway" have the meaning given by section 67(1) of the Transport and Works Act 1992.")1992 c. 42.
 
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