First Memorandum by the Department of the Environment,
Transport and the Regions
GREATER LONDON AUTHORITY ACT 1999 (COMMENCEMENT NO.
8 AND CONSEQUENTIAL PROVISIONS) ORDER 2000 (S.I. 2000/3145)
1. At its meeting on 12 December the Committee requested
a memorandum about this instrument on the following point:
"Given that subsection (3)
of section 254 of the Greater London Authority Act 1999 states
that the amendments made by paragraphs 1 to 18 of Schedule 21
to that Act are consequential on subsections (1) and (2) of that
section, explain why the Order commences that section only so
far as it relates to those amendments."
2. The effect of bringing section 254(1) of the Greater
London Authority Act 1999 into force is that subject to the following
provisions of the section it transfers the functions of the Secretary
of State under the Private Hire Vehicles (London) Act 1998 to
Transport for London. However section 254(2) provides that this
transfer does not apply among other things to the functions of
the Secretary of State under section 38 of the 1998 Act. Section
254(3) gives effect to Schedule 21 but Schedule 21 contains 19
paragraphs and not 18. Were paragraph 19 to be brought into force
section 38 of the 1998 Act (financial provisions relating to the
Secretary of State) would cease to have effect. For policy reasons
the Department is not ready to bring paragraph 19 into force.
Accordingly, regulation 2(b) of the order is limited to bringing
paragraphs 1 to 18 of Schedule 21 into force and the qualifying
words in relation to section 254 as a whole ensure that section
254(3) does not come into force in such a way as to give effect
to paragraph 19 of Schedule 21.
19 December 2000