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Baroness Miller of Chilthorne Domer: Before my noble friend comes back, I should like to say that I find the reply of the noble Lord the Minister somewhat disappointing, given the difficulties that will inevitably arise from working in this two-tier way. I found the clause very negative in the first place. We are given a list of reasons why the mayor will not approve the strategy "unless". It would have been more positive if the clause had been drafted to say that he will approve it "if". The spirit of our amendment would be likely to provide a much better dialogue between the mayor and those boroughs drawing up the local implementation plan. Therefore, I think that we shall return to this subject, especially when we see the length of the Government's Amendment No. 248D, for example, which anticipates that there will be many problems and that life will not be easy.

Our amendment would make much clearer for those boroughs that are working on their plans exactly the spirit in which the mayor shall approach such matters. It would make it clear that the criteria are very important and that he is definite about them, so that both parties approach things in a positive spirit. The clause as it stands without our amendment is negative in spirit and will inhibit that.

Baroness Hamwee: My noble friend is absolutely right. If we are to have the negatives, would not it have been better simply to provide that, as subsection (1) says,


Amendment, by leave, withdrawn.

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Clause 128 agreed to.

Clause 129 [Power of the Mayor to prepare a plan]:

[Amendment No. 248 not moved.]

Lord Whitty moved Amendment No. 248A:


Page 69, line 36, leave out from ("refuses") to ("unless") in line 39, and insert ("under subsection (2) of section 128 above to approve a local implementation plan, the London borough council which submitted the plan shall prepare a new local implementation plan and submit it to the Mayor under subsection (1) of that section").

The noble Lord said: I shall also speak to the rest of the amendments in this group: Amendments Nos. 248B to 248P and 249A to 249F. These amendments, which relate to the local implementation plans, are here because when we discussed those plans in another place we were pressed on why we had not included any provisions for review of the plans. There were other questions, including why the mayor could claim only reasonable administrative expenses, rather than all reasonable expenses, from the boroughs if he or she had to intervene to implement a plan. Other issues were also raised.

We agreed to go away and reflect on these matters, and the amendments in this group are largely the fruits of those reflections. Rather a large number of amendments are required, but it is necessary to ensure that the same process is followed for a revised plan as for the original.

The amendments have three main purposes. First, they make it clear that the boroughs have a duty to revise their local implementation plans when the transport strategy is revised, unless they notify the mayor that this is unnecessary. Secondly, they enable the boroughs to propose revisions of their own to local implementation plans if they see fit, even in the absence of a revised mayoral strategy. Thirdly, they enable the mayor to recover any "reasonable expenses" from the boroughs when he or she has had to prepare or implement a local implementation plan on their behalf, rather than, as under the previous provisions, being limited to "reasonable administrative expenses".

The rest of the amendments are consequential on those three main purposes. They apply the procedure for preparing and submitting local implementation plans under the existing clauses to revised implementation plans under these clauses.

Amendment No. 248E, a new clause, allows revisions to be made to a local implementation plan either when a borough wants to propose changes to its own implementation plan, or when the transport strategy has been revised. In the latter case, a borough may notify the mayor that it does not think any revisions to its LIP are necessary.

Amendment No. 248E specifies what a revised LIP should contain and whom the borough should consult in preparing it. Subsection (3) applies Clause 128 to a revised LIP. Those procedures replicate those for the initial LIP.

Amendment No. 248F allows the mayor to intervene if a borough's revised LIP does not fully implement the strategy as it applies to its area or if a borough has not prepared revisions when those are necessary. This clause

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therefore replicates the mayor's powers in Clauses 128 and 129 which were in relation to the initial plan. It extends them to apply to a revised implementation plan.

Although this seems to be a complicated set of amendments, it squares the process of revision of LIPS, as we were requested to do in another place. I hope that Members of the Committee will understand the need for the amendments. I beg to move.

On Question, amendment agreed to.

12.45 a.m.

Lord Whitty moved Amendment No. 248B:


Page 69, line 40, leave out ("in writing").

On Question, amendment agreed to.

[Amendment No. 248BA not moved.]

Lord Whitty moved Amendment No. 248C:


Page 70, line 19, leave out ("administrative").

On Question, amendment agreed to.

Clause 129, as amended, agreed to.

Lord Whitty moved Amendments Nos. 248D to 248F:


After Clause 129, insert the following new clause--

REVISION

(" .--(1) A London borough council may at any time prepare such revisions as it considers appropriate to the council's local implementation plan.
(2) Where the Mayor revises the transport strategy under section 33(2) above, each London borough council shall as soon as reasonably practicable after the Mayor has published the transport strategy as revised prepare such revisions to the council's local implementation plan as it considers are necessary in order to implement that strategy in its area.
(3) Where a London borough council considers that no revisions are required to be prepared under subsection (2) above the council shall notify the Mayor.
(4) For the purposes of this section, the "local implementation plan", in relation to any London borough council, means whichever of the following has been most recently approved, or as the case may be, prepared, by the Mayor, namely--
(a) a local implementation plan prepared by the council and approved by the Mayor under section 128 above;
(b) a local implementation plan, as proposed by the council to be revised, approved by the Mayor under that section; and
(c) a local implementation plan or revised local implementation plan prepared by the Mayor on behalf of the council.").
After Clause 129, insert the following new clause--
PROCEDURE FOR REVISION

(" .--(1) In preparing any revisions under section (Revision) above a London borough council shall consult the bodies and persons required to be consulted under subsection (2) of section 127 above, taking the references in paragraph (d) of that subsection and in subsection (5) of that section to the local implementation plan as references to revisions under section (Revision) above.
(2) Each local implementation plan as proposed to be revised shall include the matters specified in section 127(1) and (3) above.
(3) The provisions of section 128 above shall apply to a London borough council's local implementation plan as proposed to be revised as they apply to the council's local implementation plan.").

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After Clause 129, insert the following new clause--
POWER OF THE MAYOR TO PREPARE A REVISED PLAN

(" .--(1) Where the Mayor has published the transport strategy as revised but it appears to the Mayor that a London borough council has failed--
(a) to prepare such revisions to the council's local implementation plan, or
(b) to submit to him for approval such a local implementation plan as proposed to be revised,
as the Mayor considers necessary in order to implement in the council's area the transport strategy as revised, the Mayor may issue to the council a direction under section 132 below requiring the council to do so within such period as the Mayor shall specify in the direction.
(2) Where the Mayor has issued a direction of the kind mentioned in subsection (1) above but the council has not complied with the direction within a reasonable time, the Mayor may prepare a revised local implementation plan on behalf of the council.
(3) Where the Mayor refuses to approve under subsection (2) of section 128 above a local implementation plan as proposed to be revised, the London borough council which submitted the plan shall prepare new revisions and submit to the Mayor under subsection (1) of that section a new local implementation plan as proposed to be revised, unless the Mayor notifies the council that he intends to exercise his powers under subsection (4) below.
(4) Where the Mayor--
(a) refuses to approve under subsection (2) of section 128 above a local implementation plan as proposed to be revised, and
(b) has served on the London borough council who submitted the plan a notice under subsection (3) above,
the Mayor may prepare a revised local implementation plan on behalf of the council.
(5) In preparing a revised local implementation plan the Mayor shall consult the bodies and persons required to be consulted under subsection (5) of section 129 above, taking the references in paragraphs (a) and (e) of that subsection and in subsection (8) of that section to a local implementation plan prepared on behalf of a London borough council as references to a revised local implementation plan prepared on behalf of such a council.
(6) A revised local implementation plan prepared by the Mayor under this section shall include the matters specified in section 127(1) and (3) above.
(7) Where the Mayor prepares a revised local implementation plan on behalf of a London borough council, he may recover from the council as a civil debt any reasonable expenses incurred by him in preparing the plan.").

On Question, amendments agreed to.

Clause 130 [Implementation by a London borough council]:


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