Arrangement of Clauses (Contents)

Transport for London Bill—continued


 

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38Power to erect barriers in GLA roads in case of emergency etc.

Section 287 of the 1980 Act (which enables a competent authority to erect barriers in streets for certain purposes) shall have effect as if, in subsection (1) (definition of competent authorities), after paragraph (a), there were inserted—

"(aa)in the case of a GLA road, a local authority and also Transport for London;".

39Power to use vehicles and appliances on footways

Section 300 of the 1980 Act (which enables competent authorities to use vehicles and appliances on footways and bridleways for the performance of certain functions) shall have effect as if, in subsection (1)(a) (definition of competent authorities), after "London borough" there were inserted "Transport for London".

Provision of amenities or services on certain GLA roads

40Scope of sections 41 to 46

In sections 41 to 46 "relevant GLA road" means—

(a)a footway within a GLA road;
(b)a subway under a GLA road which subway is constructed under section 69 of the 1980 Act and maintained by TfL;
(c)a footbridge over a GLA road which footbridge is constructed under section 70 of the 1980 Act and maintained by TfL; and
(d)a GLA road of a description not mentioned in any of the preceding paragraphs of this definition whose use by vehicular traffic is prohibited by a traffic order but whose use by other traffic is not prohibited or restricted or regulated by such an order.

41Provision etc. of services and amenities by TfL
(1)Subject to subsection (4), TfL shall have power—
(a)to carry out works on, in or over a relevant GLA road; and
(b)to place objects or structures on, in or over such a GLA road,

for the purpose—

(i)of enhancing the amenity of the GLA road and its immediate surroundings; or
(ii)of providing a service for the benefit of the public or a section of the public.
(2)TfL shall have power to maintain—
(a)any works carried out under paragraph (a) of subsection (1); and
(b)any objects or structures placed on, in or over a GLA road under paragraph (b) of that subsection.
(3)Without prejudice to the generality of this section, the amenity of a GLA road may be enhanced by providing lawns, trees, shrubs or flowers.
(4)TfL may not, in the exercise of the power conferred by subsection (1)(b), place an object or structure on, in or over a relevant GLA road unless TfL has first obtained the consent of the frontagers with an interest—
(a)to the placing of the object or structure; and
(b)to the purpose for which it is to be placed.

42Provision of recreation and refreshment facilities by TfL
(1)Subject to subsections (2) and (3), TfL shall have power to provide, maintain and operate facilities for recreation or refreshment or both on a relevant GLA road.
(2)Where subsection (3) applies, TfL may not exercise the powers conferred by this section unless TfL has first obtained the consent of the frontagers with an interest.
(3)This subsection applies where the facilities are to be provided on a footway in relation to which no traffic order is in force.

43Limits of powers under sections 41 and 42

TfL may exercise its powers under section 41 or 42 to restrict the access of the public to any part of a relevant GLA road but shall not so exercise them—

(a)as to prevent traffic, other than vehicular traffic—
(i)entering the GLA road at any place where such traffic could enter it before the making of a traffic order in relation to it or the exercise in relation to it of a power conferred by section 41 or 42; or
(ii)passing along it; or
(iii)having normal access to premises adjoining it; or
(b)as to prevent any use of vehicles which is not prohibited by a traffic order; or
(c)as to prevent statutory undertakers having access to any apparatus of theirs under, in, on or over the GLA road; or
(d)as to prevent the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the GLA road.

44Notices to be given before exercise of powers under sections 41 and 42
(1)Subject to subsection (4), TfL shall not exercise any power conferred by section 41 or 42 unless TfL has first published a notice under this section.
(2)TfL shall publish a notice under this section—
(a)by affixing it in a conspicuous position at or near the place to which the proposal relates; and
(b)by serving a copy of the notice on the owner and occupier of any premises appearing to TfL to be likely to be materially affected.
(3)A notice under this section—
(a)shall give details of the proposal; and
(b)shall specify a period (being not less than 28 days after the publication of the notice) during which representations regarding the proposal may be made to TfL.
(4)No notice under this section is required where TfL proposes to exercise a power conferred by section 41 or 42 in relation to a relevant GLA road in relation to which a traffic order has been made.
(5)Where TfL has published a notice under this section, TfL shall not exercise the power to which the notice relates until it has taken into consideration all representations made to it in connection with the proposal within the period specified in the notice.

45Consent of local authority required

TfL shall not exercise any power conferred by section 41 or 42 in relation to a relevant GLA road unless TfL has first obtained the consent of any local authority for the area in which TfL proposes to exercise the power.

46Consents not to be unreasonably withheld
(1)Consent to which this section applies is not to be unreasonably withheld but may be given subject to any reasonable conditions.
(2)Without prejudice to the generality of subsection (1), it may be reasonable—
(a)for consent to which this section applies to be given for a specified period of time, or
(b) for consent under section 41 or 42 to be given subject to the payment of a reasonable sum.
(3)Consent shall be deemed to have been given for the purposes of this section if TfL has served a notice asking for consent on the person whose consent is required and the person fails within 28 days of the service of the notice to give TfL notice of his consent or his refusal to give it.
(4)Any question whether consent is unreasonably withheld or is given subject to reasonable conditions shall be referred to and determined by an arbitrator to be appointed, in default of agreement, by the President of the Chartered Institute of Arbitrators.
(5)If—
(a)the arbitrator determines that consent has been unreasonably withheld; but
(b)it appears to him that there are conditions subject to which it would be reasonable to give it,

he may direct that it shall be treated as having been given subject to those conditions.

(6)If—
(a)the arbitrator determines that any condition subject to which consent has been given is unreasonable; but
(b)it appears to him that there are conditions subject to which it would have been reasonable to give it,

he may direct that it shall be treated as having been given subject to those conditions.

(7)The expenses and remuneration of the arbitrator shall be paid by TfL.
(8)This section applies to consent required under section 41, 42 or 45.

Part 6

Miscellaneous

47Power to make arrangements for risk mitigation
(1)TfL may enter into any derivative investment in connection with any actual or prospective asset, or liability of TfL, a subsidiary of TfL, a joint venture of TfL or an associated undertaking of TfL if such derivative investment is entered into for the purpose of limiting the extent to which TfL, a subsidiary of TfL, a joint venture of TfL or an associated undertaking of TfL will be affected by changes in interest, exchange or other market rates or prices.
(2)Subsection (1) shall not prejudice any other powers conferred on TfL by any other enactment.
(3)In this section—
(a)"associated undertaking" has the meaning given by section 119(1) of the Building Societies Act 1986 (c.53);
(b)"contract for differences" means a contract the purpose or purported purpose of which is to secure a profit or avoid a loss by reference to fluctuations in—
(i)the value or price of property of any description; or
(ii)an index or other factor designated for that purpose in the contract;

     and for this purpose, an index or factor may be determined by reference to any matter and a numerical value may be attributed to any variation in a matter;

(c)"derivative investment" means an investment of any of the following kinds—
(i)an instrument giving entitlements to investments;
(ii)an option;
(iii)a future;
(iv)a contract for differences.
(d)"future" means a contract for the sale of property under which delivery is to be made at a future date, and at a price, agreed when the contract is made; and for this purpose, a price is to be taken to be agreed when the contract is made—
(i)notwithstanding that it is left to be determined by reference to the price at which a contract is to be entered into on a market or exchange or could be entered into at a time and place specified in the contract; or
(ii)in a case where the contract is expressed to be by reference to a standard lot and quality, notwithstanding that provision is made for a variation in the price to take account of any variation in quantity or quality on delivery;
(e)"investment" means any asset, right or interest;
(f)"joint venture" has the meaning given by paragraph 19 of Schedule 4A of the Companies Act 1985 (c.6);
(g)"option" includes a warrant; and
(h)"warrant" means an instrument which entitles the holder to subscribe for shares in a company or assets representing a loan relationship of a company; and for this purpose it is immaterial whether the shares or assets to which the warrant relates exist or are identifiable.

48Agreements under section 215(1) of 1999 Act

The powers of TfL under section 215(1) of the 1999 Act to enter into and carry out agreements with other persons in connection with a PPP agreement include power to enter into and carry out such agreements whether or not—

(a)TfL is a party to the PPP agreement, or
(b)such agreements involve the provision of property or rights for use for the purposes of or otherwise in connection with the PPP agreement, or
(c)such agreements support or are consequential upon entering into the PPP agreement.

49Power to carry out certain insurance related activities
(1)TfL shall be exempt from the general prohibition under section 19(1) of the Financial Services and Markets Act 2000 (c.8) in respect of any of the following activities which relates to a non-qualifying contract of insurance—
(a)buying, selling, subscribing for or underwriting securities or relevant investments (other than rights under a funeral plan contract) as agent;
(b)making arrangements for another person (whether as principal or agent) to buy, sell, subscribe for or underwrite a particular investment which is—
(i)a security;
(ii)a relevant instrument; or
(iii)rights under a funeral plan contract;
(c)making arrangements with a view to a person who participates in the arrangements buying, selling, subscribing for or underwriting investments falling within paragraph (b)(i), (ii) or (iii) (whether as principal or agent);
(d)assisting in the administration and performance of a non-qualifying contract of insurance;
(e)advising a person where the advice is—
(i)given to the person in his capacity as an investor or potential investor, or in his capacity as agent for an investor or potential investor, and
(ii)advice on the merits of his doing (whether as principal or agent) any of the matters specified in subsection (2).
(2)The matters referred to in subsection (1)(e)(ii) are—
(a)buying, selling, subscribing for or underwriting a particular investment which is a security or a relevant investment, or
(b)exercising any right conferred by such an investment to buy, sell, subscribe for or underwrite such an investment.
(3)In this section "non-qualifying contract of insurance" has the same meaning as in the Financial Services and Markets Act 2000 (Exemption) Order 2001 (S.I. 2001/1201); and expressions used in this section and in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) have the same meaning in this section as in that Order.

50Exemption from financial promotion restriction
(1)The financial promotion restriction under section 21(1) of the Financial Services and Markets Act 2000 (c. 8) does not apply to any communication which—
(a)is a non-real time communication or a solicited real time communication; and
(b)is communicated by and relates only to controlled investments issued, or to be issued, by TfL.
(2)Expressions used in this section and in the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (S.I. 2005/1529) have the same meaning in this section as in that Order.

51Power to acquire land for relocation of businesses etc.

Without prejudice to paragraph 18 of Schedule 11 to the 1999 Act (power for TfL to acquire land for the purpose of discharging any of its functions) TfL may acquire land for the purpose of relocating occupiers of properties acquired or to be acquired by TfL or a subsidiary of TfL.

52Power to grant interest in certain land
(1)Nothing in section 157(1) of the 1999 Act, or any order made under that section, shall prevent TfL, in exercise of the power conferred by paragraph 16 of Schedule 11 to the 1999 Act, from granting an interest to any person in any land which is used for the purposes of discharging any of its functions.
(2)Accordingly, paragraph 22 of the Schedule to the Transport for London (Specified Activities) Order 2000 (S.I. 2000/1548) shall cease to have effect.

53Status of certain residential tenancies
(1)This section applies where—
(a)any property consisting of or including a dwelling house was transferred under articles 2 to 4 of the GLA Roads and Side Roads (Transfer of Property etc.) Order 2000 (S.I.2000/ 1552) to TfL from the Secretary of State as former highway authority,
(b)on 3rd July 2000 (being the date on which that Order came into force) the property was subject to a lease in favour of any person ("the intermediate landlord") granted by the Secretary of State,
(c)the intermediate landlord or any person deriving title under him has granted a residential tenancy of the property (or any part of it) at any time (whether before or after the coming into force of this section), and
(d)TfL becomes the owner of the reversion immediately expectant upon the residential tenancy.
(2)When this section applies, the interest of the landlord under the residential tenancy shall, at any time when it belongs to TfL, be treated for the purposes of paragraph 11 of Schedule 1 to the Housing Act 1988 (c. 50) (Crown tenancies entered into after commencement of Part I of that Act not to be assured tenancies) or of section 13 of the Rent Act 1977 (c. 42) (earlier Crown tenancies not to be protected tenancies) as if it belonged to the Secretary of State and not to TfL.

54Power to revoke or vary certain orders
(1)An order made under section 14B of the 1980 Act (orders changing what are GLA roads) to which section 326(2) of that Act does not apply may (subject to section 14B(5) of that Act) be revoked or varied by a subsequent order made under section 14B.
(2)TfL may revoke the whole or part of any of the following orders—
(a)a relevant line order;
(b)a relevant side roads order; or
(c)a relevant compulsory purchase order.
(3)An order under subsection (2) shall be of no effect unless—
(a)it is made with the consent of the relevant local authority or, if there is more than one, each relevant local authority; or
(b)if that consent is refused, it is confirmed (with or without modification) by the Secretary of State.
(4)For the purposes of subsection (3), any consent of a relevant local authority shall be deemed to have been given if it is neither given nor refused (with an indication of the grounds for refusal) within 60 days of the date on which the request for consent was served on the authority.
(5)For the purposes of subsection (3), the relevant local authority are—
(a)in the case of a relevant line order or a relevant side roads order, the local authority in whose area any highway or proposed highway to which the order relates is situated; and
(b)in the case of a relevant compulsory purchase order, the local authority in whose area any of the land to which the order relates is situated.
(6)In this section "relevant line order", "relevant side roads order" and "relevant compulsory purchase order" have the same meaning as in the GLA Roads (Continuity of Orders etc) Order 2000 (S.I.2000/2615).
 

 
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