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Earl Attlee: My Lords, before the Minister sits down, can he answer one question for me? Is TfL able to sell any land without permission from the Secretary of State?

Lord Whitty: My Lords, it is clear from subsection (1) of Clause 146 that the land we are referring to here is land which is or has been operational land. For that reason, in most cases non-operational land--so long as it does not fall into one of the other categories--could be disposed of as a management matter. If the noble Earl requires further clarification, I shall write to him.

Earl Attlee: My Lords, I am grateful for the Minister's response. I did not phrase my question as well as I should have done. Can TfL sell any operational land without the consent of the Secretary of State?

However, I hope that the Minister will look again at the definition of operational land for the reasons I have outlined. In the meantime, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 148 [Distribution of property]:

Lord Whitty moved Amendments Nos. 392 to 394:


Leave out Clause 148.
After Clause 148, insert the following new clause--

DISTRIBUTION OF PROPERTY, RIGHTS AND LIABILITIES

(“ .--(1) Transport for London may make schemes for the transfer of property, rights and liabilities--
(a) between Transport for London and any subsidiary of Transport for London; or
(b) between any subsidiary of Transport for London and any other such subsidiary.
(2) A scheme under this section shall not take effect unless and until it has been approved by the Mayor.
(3) Where a scheme under this section is submitted to the Mayor for his approval, he may, after consultation with Transport for London, modify the scheme before approving it.
(4) Schedule (Transport for London transfer schemes) to this Act (which makes further provision in relation to schemes under this section) shall have effect.").

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After Clause 148, insert the following new clause--
PROCEDURE FOR MAKING BYELAWS

(“ .--(1) Section 236 of the Local Government Act 1972 (procedure for byelaws) shall be amended as follows.
(2) In subsection (1) after the words “the Greater London Authority" (which are inserted by section 65(2) above) there shall be inserted “, Transport for London".
(3) After subsection (10B) (which is inserted by section 65(3) above) there shall be inserted--
“(10C) Transport for London shall send a copy of every byelaw made by it, and confirmed, to--
(a) the Mayor of London;
(b) each London Borough Council; and
(c) the Common Council."").

On Question, amendments agreed to.

Lord Whitty moved Amendment No. 395:


After Clause 148, insert the following new clause--

POWER OF TRANSPORT FOR LONDON TO PROMOTE OR OPPOSE BILLS IN PARLIAMENT

(“ .--(1) Transport for London--
(a) may promote a local Bill in Parliament; and
(b) may oppose any local Bill in Parliament.
(2) Subsection (1)(a) above applies only if the Authority--
(a) gives its written consent to the Bill; and
(b) confirms that consent in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.
(3) If the Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to Transport for London, which shall take all necessary steps for the withdrawal of the Bill.
(4) If the Authority, in giving notice under subsection (3) above, states that it confirms its consent to the Bill if provisions specified in the notice are omitted or are amended as so specified, Transport for London may, instead of withdrawing the Bill pursuant to subsection (3) above, take all necessary steps for the omission or, as the case may be, the amendment of the provisions in question in accordance with the notice.
(5) Without prejudice to subsections (2) to (4) above, the functions conferred on Transport for London by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule (Promotion of Bills in Parliament by Transport for London) to this Act.
(6) Subsection (1)(b) above applies only if the Authority gives its written consent to Transport for London to oppose the Bill.
(7) If--
(a) Transport for London deposits a petition against a Bill in Parliament, but
(b) the consent required by subsection (6) above has not been given before the end of the period of 30 days following the day on which the petition is deposited,
Transport for London shall take all necessary steps for the withdrawal of the petition.
(8) The functions conferred or imposed on the Authority by this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(9) Before exercising the functions conferred on the Authority by subsection (2)(a) or (b), (4) or (6) above, the Mayor shall consult the Assembly.").

19 Oct 1999 : Column 1038

On Question, amendment agreed to.

Lord Whitty moved Amendment No. 396:


After Clause 148, insert the following new clause--

ORDERS UNDER THE TRANSPORT AND WORKS ACT 1992

(“ .--(1) Section 20 of the Transport and Works Act 1992 (power to apply for, or object to, orders) shall be amended as follows.
(2) In subsection (2) (powers to be subject to the like conditions as powers to promote or oppose Bills) after “except as provided by subsection (3)" there shall be inserted “or (4)".
(3) After subsection (3) there shall be inserted--
“(4) In the case of Transport for London--
(a) the powers conferred by subsection (1) above shall be exercisable with the written consent of the Mayor of London; and
(b) subsection (2) above shall not have effect."").

On Question, amendment agreed to.

Clause 149 [Powers of disposal]:

Lord Whitty moved Amendment No. 396A:


Page 83, line 3, leave out (“In").

On Question, amendment agreed to.

Lord Whitty moved Amendments Nos. 396B and 396C:


Page 83, line 4, after (“disposal)") insert (“shall be amended as follows.
(2) In subsection (1)(a) (power to dispose of securities of one of their subsidiaries) for “one of their subsidiaries" there shall be substituted “any subsidiary of theirs".
(3) “).
Page 83, line 4, after (“end") insert (“of the section").

On Question, amendments agreed to.

Clause 150 [Power to give guarantees]:

Lord Whitty moved Amendment No. 396D:


Page 83, line 18, at end insert--
(“(1A) In subsection (2) after “section 3(2)" there shall be inserted “or (2A)".").

On Question, amendment agreed to.

Lord Whitty moved Amendment No. 396E:


After Clause 150, insert the following new clause--

SUPPLEMENTARY PROVISIONS WITH RESPECT TO TRANSFER SCHEMES

(“ .--(1) Section 27 of the London Regional Transport Act 1984 (supplementary provisions with respect to transfer schemes) shall be amended as follows.
(2) In subsection (9) (modifications of Schedule 4 to the Transport Act 1968 in its application by subsection (8)) the word “and" at the end of paragraph (a) shall be omitted and after that paragraph there shall be inserted--
“(aa) the reference in paragraph 1(1) to all property, rights and liabilities comprised in a specified part of the transferor's undertaking shall be read as including a reference to all such property, rights and liabilities subject to such exceptions as may be specified or described, or otherwise provided for, by the transfer scheme in question;

19 Oct 1999 : Column 1039

(ab) the reference in paragraph 13(1) to requiring the consent or concurrence of any person shall be read as including--
(i) a reference to being (and, where applicable, continuing after the transaction) in breach of any condition, requirement or restriction, and
(ii) a reference to any relevant right or option operating or becoming exercisable,
(and any such relevant right or option shall accordingly have effect as if the transferee were the same person in law as the transferor and no transaction had taken place); and".
(3) After subsection (9) there shall be inserted--
“(10) In subsection (9)(ab) above “relevant right or option" means any right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property, or any right to terminate or vary a contract.".").

On Question, amendment agreed to.

Earl Attlee moved Amendment No. 397:


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