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Lord Whitty moved Amendment No. 279YAA:


After Clause 165, insert the following new clause--

PROCEDURE FOR CLOSURE OF CERTAIN RAILWAY PASSENGER SERVICES

(" .--(1) The Railways Act 1993 shall have effect as if any railway passenger services provided under or by virtue of this Act by Transport for London or a subsidiary of Transport for London (in relation to which section 37 of that Act does not have effect, in consequence of amendments made by section 162 above) were designated by order under section 49(3) of that Act as railway passenger services in relation to which Schedule 5 to that Act (alternative closure procedure) is to have effect.
(2) Schedule 5 to the Railways Act 1993 shall be amended as follows.
(3) After paragraph 5 there shall be inserted--
"Qualifying services in and around Greater London
5A.--(1) This paragraph applies to any qualifying services--
(a) which are provided by Transport for London or a subsidiary of Transport for London; or
(b) which do not fall within paragraph (a) above but--
(i) are provided wholly within Greater London; and
(ii) 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 London services".
(2) In the application of the other paragraphs of this Schedule in relation to qualifying London services, for any reference to the Secretary of State there shall be substituted a reference to the Mayor of London.
(3) Where the Mayor of London has given consent under paragraph 3(2)(b) above in respect of services provided wholly or partly outside Greater London, any person aggrieved by the decision to give consent may refer that decision to the Secretary of State.
(4) A referral under sub-paragraph (3) above shall be made by giving notice to the Secretary of State.
(5) Any notice under sub-paragraph (4) above must be given not later than 4 weeks after the date of the decision referred.
(6) On a reference under sub-paragraph (3) above, the Secretary of State may--
(a) confirm the decision to give consent;
(b) in the case of a decision to give consent subject to conditions, confirm the decision to give consent but modify the conditions; or
(c) substitute his decision for that of the Mayor of London.
(7) Any person who refers a decision to the Secretary of State under sub-paragraph (3) above shall provide, with his notice under sub-paragraph (4) above, a statement of the reasons why he is aggrieved by the decision.

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(8) On disposing of any reference under sub-paragraph (3) above, the Secretary of State shall give notice of his decision to--
(a) the Mayor of London;
(b) the appropriate consultative committee;
(c) the operator concerned; and
(d) the person who referred the decision to the Secretary of State under sub-paragraph (3) above (if not falling within paragraphs (a) to (c) above).
(9) Before the expiration of the period of six weeks following the making of his decision on a reference under sub-paragraph (3) above, the Secretary of State shall publish notice of his decision--
(a) in two successive weeks in two local newspapers circulating in the area affected; and
(b) in such other manner as appears to him appropriate."").

The noble Lord said: The purpose of this amendment is to carry forward the existing procedure for discontinuance of Underground and DLR services and those to be operated on the Croydon Tramlink. I must stress that while it is sometimes necessary temporarily to discontinue services for maintenance or refurbishment purposes, permanent closures are an infrequent occurrence. However, it is right that the Bill should provide for them in keeping with our commitment in the London White Paper that the mayor and TfL will inherit LT's current responsibilities.

The only significant change which the amendment makes to the current procedures is that it will be the mayor who takes decisions on closures rather than the Secretary of State with the proviso that for TfL services wholly or partly outside London those aggrieved by a mayoral decision will have a right of appeal to the Secretary of State. In those cases the Secretary of State will have the power to confirm the mayor's decision, with or without conditions, or substitute his own decision.

This amendment applies the new procedure directly to services provided by TfL. However, it will be necessary to apply the procedure by order of the Secretary of State if the relevant service is not directly provided by TfL, such as Croydon Tramlink and, of course, the Docklands Light Railway. I commend the amendment to the Committee. I beg to move.

On Question, amendment agreed to.

Clause 166 agreed to.

Lord Whitty moved Amendment No. 279ZA:


After Clause 166, insert the following new clause--

SECRETARY OF STATE TO CONSULT MAYOR BEFORE CHANGING AMOUNT OF PENALTY FARE

(" .--(1) Section 130 of the Railways Act 1993 (penalty fares) shall be amended as follows.
(2) After subsection (9) there shall be inserted--
"(9A) Before making any regulations which have the effect of varying the amount, or the greatest amount, which a person within, or travelling to or from, Greater London may be charged by way of penalty fare, the Secretary of State must consult the Mayor of London.".").

On Question, amendment agreed to.

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Lord Whitty moved Amendment No. 279A:


After Clause 166, insert the following new clause--

RESTRICTIONS ON CONTRACTING OUT CERTAIN SERVICES

(" .--(1) For the purposes of this section, the services which are "reserved services" are those whose provision by a person would involve that person in performing or securing the performance, for the purposes of any TfL passenger rail service, of--
(a) any station-operating function; or
(b) any train-operating function.
(2) Transport for London shall not, without the consent of the Secretary of State, enter into or carry out any agreement under which an outside contractor is to provide or secure the provision of a reserved service for Transport for London or a subsidiary of Transport for London.
(3) Where a company which is a subsidiary of Transport for London provides or is to provide, or secures or is to secure the provision of, a reserved service for Transport for London or a subsidiary of Transport for London, Transport for London shall not, without the consent of the Secretary of State, enter into any transaction or series of transactions the result of which would be that the company--
(a) would cease to be a subsidiary of Transport for London; but
(b) would nevertheless provide or continue to provide, or secure or continue to secure the provision of, the reserved service.
(4) Nothing in this section applies in relation to a contract of employment between an individual and Transport for London or a subsidiary of Transport for London.
(5) The Secretary of State may by order provide exceptions from subsection (2) or (3) above.
(6) Any consent of the Secretary of State under this section must be in writing and--
(a) may be given in relation to any particular transaction or description of transactions; and
(b) may be given subject to conditions.
(7) For the purposes of this section--
"station-operating function" means any of the following functions--
(a) the sale or collection of tickets at stations;
(b) the inspection of tickets, or the imposing of penalty fares, at or in the vicinity of a station, but otherwise than on a train;
(c) the making of oral public announcements at stations;
(d) the provision of information orally to members of the public at stations, otherwise than by means of public announcements;
(e) any duties of staff employed on platforms at stations;
(f) any duties of staff employed at a place from which the operation of the whole or part of a station is controlled (whether or not the operation of trains is also controlled from that place);
(g) any other function involved in the management or operation of a station;
"train-operating function" means any of the following functions--
(a) the driving of passenger trains otherwise than within a depot;
(b) any duties of guards on passenger trains;
(c) the sale, collection or inspection of tickets, or the imposing of penalty fares, on passenger trains;
(d) the operation of signals for controlling the movement of passenger trains otherwise than within a depot;
(e) the exercise of control over the movement of passenger trains otherwise than within a depot;
(f) any other function involved in the operation of passenger trains otherwise than within a depot.

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(8) In this section--
"contract of employment" means any contract of service or apprenticeship;
"outside contractor" means a person other than Transport for London or a subsidiary of Transport for London;
"passenger train" means a train which is being, has just been, or is about to be, used for the provision of a TfL passenger rail service;
"premises" includes any land, building or structure;
"railway" has the meaning given in section 67(1) of the Transport and Works Act 1992;
"reserved service" shall be construed in accordance with subsection (1) above;
"station" means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes;
"TfL passenger rail service" means any public service for the carriage of passengers by railway which is under the control of Transport for London or a subsidiary of Transport for London;
"ticket" includes any other authority to travel or to be present in a part of a station where such an authority is required.
(9) The Secretary of State may by order amend this section for the purpose of varying the meaning in this section of any of the following expressions--
(a) "train-operating function";
(b) "station-operating function";
(c) "outside contractor"; or
(d) "TfL passenger rail service".")

The noble Lord said: The purpose of the proposed new clause is to ensure that the Underground trains and stations continue to be operated by a publicly owned, publicly accountable London Underground. That is in line with a commitment that my right honourable friend the Deputy Prime Minister gave on 15th June.

We believe it is entirely right and clearly in the best interests of those using this key component of London Transport that the public face of the Underground should remain accountable to the people who use it. But the new clause also recognises the reality that many of the non-core activities which are needed to support the operation of the Underground are carried out by the private sector, normally under contract to London Underground Limited. Of course, the services of the Docklands Light Railway are, or will be, provided by concessionaires. It is not our intention to change those arrangements, although it will be open to the mayor to do so if he or she wishes if and when the current commercial arrangements end.

The new clause places restrictions on TfL's ability to franchise or contract out London Underground services which impinge directly on the travelling public. The clause provides that TfL must not, without the consent of the Secretary of State, enter into agreements with outside contractors for specified reserve services; that is, certain station and train operating functions. These functions are specified in subsection (7) of the new clause.

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Subsection (5) enables the Secretary of State, by order subject to the negative procedure, to make exceptions to these restrictions. Subsection (9) of the new clause enables the Secretary of State to redefine the meaning of particular terms. This will be done by negative procedure in order to give some flexibility to the process. Subsection (6) provides that the Secretary of State's consent to franchising-in and contracting-out be given administratively and will be able to be given in respect of classes of activity as well as individual cases. The Secretary of State's consent must also be obtained if TfL wishes to dispose of a TfL subsidiary which carries out any of the restricted functions. Subsection (3) provides for that. Subsection (4) excludes contracts of employment from the restrictions so that TfL is free to employ staff directly to carry out the train and station operating functions.

We think that the new clause offers reassurance to the travelling public that key Underground functions will continue to operate in a spirit of public service. I beg to move.

On Question, amendment agreed to.

Clause 167 [PPP agreements]:

[Amendment No. 280 not moved.]

Clause 167 agreed to.


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