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| Conditions. |
155. - (1) Transport for London may attach to a London service permit granted under section 153 above such conditions as it thinks fit.
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(2) The conditions that may be attached to a London service permit by virtue of subsection (1) above include conditions for securing-
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(a) that suitable routes are used in providing any service authorised to be provided by the permit, |
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(b) that passengers are not taken up or are not set down except at specified points, or are not taken up or are not set down between specified points, or |
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(c) the safety and convenience of the public, including persons who have mobility problems. |
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(3) No condition as to fares shall be attached under this section to a London service permit.
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(4) Transport for London may at any time vary a London service permit-
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(a) by altering any condition attached to the permit, |
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(b) by removing any condition attached to the permit, or |
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(c) by attaching to the permit any condition. |
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(5) Compliance with any condition attached to a London service permit under this section may be temporarily dispensed with by Transport for London if it is satisfied-
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(a) that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached, or, if the condition has been altered, when it was last altered, and |
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(b) that such a dispensation would not adversely affect the safety and convenience of the public, including persons who have mobility problems. |
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(6) If a condition attached to a London service permit under this section is contravened, the holder of the permit shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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(7) It shall be a defence for a person charged with an offence under subsection (6) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
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| Duration. |
156. - (1) The duration of a London service permit shall not be longer than five years.
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(2) If, on the date on which a London service permit is due to expire, proceedings are pending on an application for the grant of a new London service permit in substitution for it, the existing London service permit shall continue in force until the application is disposed of.
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(3) Subsection (2) above is without prejudice to section 157 below.
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| Revocation. |
157. - (1) Subject to subsection (2) below, a London service permit may be revoked or suspended by Transport for London on the ground that there has been a contravention of any condition attached to it.
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(2) Transport for London shall not revoke or suspend a London service permit unless, owing to the frequency of the breach of conditions, or to the breach having been committed intentionally, or to the danger to the public involved in the breach, Transport for London is satisfied that the permit should be suspended.
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(3) On revoking or suspending a London service permit Transport for London shall send notice of the revocation or suspension to each commissioner of police and local authority notified of the grant of the licence in accordance with section 153(5) above.
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(4) A London service permit suspended under this section shall during the period of suspension be of no effect.
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Guidance document |
| Consultation. |
158. - (1) When preparing or revising the guidance document and before finally determining the contents of the document or any revisions, the Mayor shall-
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(a) publish a notice in a newspaper circulating in the entire area of Greater London, stating where a draft of the guidance document (or the revisions, as the case may be) may be inspected, and |
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(b) consult the persons and bodies specified in subsection (2) below. |
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(2) The persons and bodies mentioned in subsection (1)(b) above are-
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(a) each London borough council and the Common Council, |
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(b) the local authority for any other area which the Mayor considers will be affected by the contents of the guidance document or the revisions, as the case may be, |
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(c) the Commissioner of Police of the Metropolis and the Commissioner of Police of the City of London, |
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(d) the traffic commissioner for the Metropolitan Traffic area, |
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(e) the traffic commissioner for any other traffic area which the Mayor considers will be affected by the contents of the guidance document or the revisions, as the case may be, |
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(f) the London Transport Users' Committee, and |
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(g) any other person whom the Mayor considers it appropriate to consult. |
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(3) Where the Mayor is determining the contents of revisions to the guidance document and the revisions will not affect the entire area of Greater London, the obligation imposed under subsection (1)(a) above shall not have effect and instead a notice stating where a draft of the revisions can be inspected shall be published in a newspaper circulating in the area or areas which the Mayor considers will be affected by the revisions.
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| Publication. |
159. - (1) The Mayor shall publish the guidance document and make copies of it available to members of the public for such reasonable fee as he may determine.
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(2) Where the Mayor revises the guidance document he shall publish it as revised and shall makes copies of it available to members of the public for such reasonable fee as he may determine.
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(3) The guidance document must be published no later than 180 days after the Mayor has published the transport strategy prepared by him under section 123(1) above.
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Miscellaneous |
| Validity of agreements and permits. |
160. - (1) A London local service agreement shall be of no effect at any time when the party to the agreement who is not Transport for London does not hold-
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(a) a PSV operators' licence, or |
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(b) a permit granted under section 22 of the Transport Act 1985 (a community bus permit). |
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(2) A London service permit shall be of no effect at any time when the holder of the permit does not hold a licence of the description specified in subsection (1)(a) above, or a permit of the description specified in subsection (1)(b) above.
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(3) In any case where a local education authority is providing a service falling within section 46(1) of the Public Passenger Vehicles Act 1981 (no requirement for a PSV operators' licence where a school bus is being used to provide a service)-
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(a) subsection (1) above does not apply in relation to any London local service agreement pursuant to which the local education authority is providing the service, and |
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(b) subsection (2) above does not apply in relation to any London service permit by which the local education authority is authorised to provide the service. |
| Application of the Public Passenger VehiclesAct 1981. |
161. - (1) The provisions of the Public Passenger Vehicles Act 1981 specified in subsection (2) below apply in relation to the grant of London service permits, or to London service permits granted, under this Part of this Act, as they apply in relation to the grant of PSV operators' licences, or PSV operators' licences granted, under that Act.
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(2) The provisions mentioned in subsection (1) above are-
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(a) section 57 (death, bankruptcy, etc. of licence holder) taking the references to the traffic commissioner by whom the licence was granted as a reference to Transport for London, and |
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(b) section 58(2) (grant of licences to unincorporated body or to persons jointly). |
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(3) Section 84 of the Public Passenger Vehicles Act 1981 (which relates to the effects of that Act in relation to general public interests) shall have effect as if the provisions of this Chapter were contained in that Act.
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| Interpretation. |
162. In this Chapter-
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"London bus network" shall be construed in accordance with section 148 above, |
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"London local service agreement" shall be construed in accordance with section 149 above, |
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"London service permit" shall be construed in accordance with section 152 above, |
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"London Transport Users' Committee" means the committee established under section 172 below, |
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"PSV operators' licence" means a licence granted under the provisions of Part II of the Public Passenger Vehicles Act 1981, |
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"stopping place" means, in relation to any service or part of a service, a point at which passengers are (or, in the case of a proposed service, are proposed to be) taken up or set down in the course of that service or part, |
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"traffic area" means a traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981, |
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"traffic commissioner for the Metropolitan Traffic area" means the traffic commissioner for the traffic area in which Greater London is for the time being situated by virtue of section 3 of the Public Passenger Vehicles Act 1981. |
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CHAPTER V |
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RAILWAYS |
| Power of Authority to give guidance to the Franchising Director. |
163. - (1) The Authority may give guidance to the Franchising Director in relation to the provision of railway services in Greater London.
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(2) It is immaterial for the purpose of giving guidance under subsection (1) above whether implementation of the guidance affects railway services outside Greater London.
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(3) The Franchising Director shall exercise his functions so as to implement any guidance given to him by the Authority.
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(4) Subsection (3) above is subject to the subsection (5) below.
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(5) The Franchising Director shall not give effect to any guidance given by the Authority if or to the extent that, in his opinion,-
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(a) the guidance conflicts with any instructions, guidance or objectives given to him by the Secretary of State under section 5(1) of the Railways Act 1993; |
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(b) implementing the guidance will have an adverse effect on the provision of services for the carriage of passengers by railway outside Greater London; or |
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(c) implementing the guidance will increase the amount of any payments to which paragraph (b) of section 5(1) of the Railways Act 1993 applies which he may be required to make. |
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(6) If the Franchising Director decides not to implement any guidance given by the Authority, whether generally or in a particular case, he shall give the Authority notification of the decision and his reasons for it.
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(7) The matters in respect of which guidance may be given under this section are those specified in sub-paragraphs (i) and (ii) of section 5(1) of the Railways Act 1993.
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(8) Any functions conferred or imposed on the Authority by this section shall be exercisable by the Mayor acting on behalf of the Authority.
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(9) In this section "the Franchising Director" means the Director of Passenger Rail Franchising.
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