Amendments proposed to the Greater London Authority Bill - continued House of Commons

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Mr Richard Ottaway
Mr John M. Taylor

645

Schedule     10,     page     174,     line     7,     leave out 'the Secretary of State or'.

   

Mr Richard Ottaway
Mr John M. Taylor

646

Schedule     10,     page     174,     leave out lines 13 to 15.

   

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Mr Edward Davey

844

Schedule     10,     page     174,     line     14,     after 'PPP', insert 'or public interest company'.

   

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Mr Edward Davey

845

Schedule     10,     page     174,     line     19,      after 'PPP', insert 'or public interest company'.

   

Mr Richard Ottaway
Mr John M. Taylor

647

Schedule     10,     page     174,     leave out lines 20 to 47.

   

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Mr Edward Davey

846

Schedule     10,     page     174,     line     22,      after 'PPP', insert 'or public interest company'.

   

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Mr Edward Davey

847

Schedule     10,     page     174,     line     31,      after 'PPP', insert 'or public interest company'.

   

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Mr Edward Davey

848

Schedule     10,     page     174,     line     33,      after first 'PPP', insert 'or public interest company'.

   

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Mr Edward Davey

849

Schedule     10,     page     174,     line     33,      after second 'PPP', insert 'or public interest company'.

   

Mr Richard Ottaway
Mr John M. Taylor

648

Schedule     10,     page     175,     leave out lines 1 to 5.

   

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Mr Edward Davey

850

Schedule     10,     page     175,     line     9,      after 'PPP', insert 'or public interest company'.

   

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Mr Edward Davey

851

Schedule     10,     page     175,     line     19,     after 'PPP', insert 'or public interest company'.

   

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Mr Edward Davey

852

Schedule     10,     page     175,     line     25,     after 'PPP', insert 'or public interest company'.

   

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Mr Edward Davey

853

Schedule     10,     page     175,     line     37,     after 'PPP', insert 'or public interest company'.

   

Mr Nick Raynsford

809

Page     172,     line     26,     leave out Schedule 10.


NEW CLAUSES RELATING TO CHAPTERS I TO VI OF PART IV

LRT's powers of disposal

   

Mr Nick Raynsford

NC36

To move the following Clause:—

    '. In section 9 of the London Regional Transport Act 1984 (powers of disposal) at the end there shall be added—

            "(8) In this section—

            "disposal" means disposal—

                (a) by way of sale, exchange or lease,

                (b) by way of the grant of any option or the creation of any easement, right or privilege, or

                (c) in any other manner, except by way of appropriation or mortgage,

            and "dispose of" shall be construed accordingly;

            "lease" includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage.".'.


Exemptions by order under Part I of the Railways Act 1993

   

Mr Nick Raynsford

NC37

To move the following Clause:—

    '.—(1) The Railways (London Regional Transport) (Exemptions) Order 1994 shall have effect with the following amendments.

    (2) In article 2 (interpretation) the word "and" immediately preceding the definition of "LRT company" shall be omitted, and in that definition, after "means" there shall be inserted "(a)" and at the end there shall be added—

            "(b) Transport for London or any subsidiary of theirs; or

            (c) a PPP company, so far as carrying out qualifying activities".

    (3) In article 2, after the definition of "LRT company" there shall be added—

            "PPP agreement" and "PPP company" have the same meaning as in Chapter VI of Part IV of the Greater London Authority Act 1999 (public-private partnership agreements);

            "qualifying activities", in relation to a PPP company, means light maintenance services, network services or station services carried out by the PPP company in fulfilment of obligations imposed on the company by a PPP agreement."

    (4) The amendments made by this section are without prejudice to the exercise of any power conferred by any enactment (including a power conferred by any provision of this Act) to amend the said Order of 1994 by an enactment comprised in subordinate legislation, within the meaning of the Interpretation Act 1978.'.


Railway access contracts

   

Mr Nick Raynsford

NC38

To move the following Clause:—

    '.—(1) Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, Transport for London may enter into an access contract to which section 18 of the Railways Act 1993 applies, notwithstanding—

      (a) that such a contract can only be entered into on terms approved (with or without modification) by the Rail Regulator and pursuant to directions given by the Rail Regulator under that section; and

      (b) that the terms of the contract may confer on the Rail Regulator powers to determine the manner in which Transport for London is to exercise its functions in relation to the contract.

    (2) The duty imposed on the Mayor by section 134 above accordingly also has effect subject, as respects the power conferred on Transport for London by subsection (1) above, to the powers of the Rail Regulator under section 18 of the Railways Act 1993.

    (3) After section 41 of the London Regional Transport Act 1984 there shall be inserted—

"Railway access contracts

Access contracts under the Railways Act 1993.41A.—(1) Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, London Regional Transport may enter into an access contract to which section 18 of the Railways Act 1993 applies, notwithstanding—

      (a) that such a contract can only be entered into on terms approved (with or without modification) by the Rail Regulator and pursuant to directions given by the Rail Regulator under that section; and

      (b) that the terms of the contract may confer on the Rail Regulator powers to determine the manner in which London Regional Transport is to exercise its functions in relation to the contract.

    (2) The duties imposed on London Regional Transport by sections 2 and 8 of this Act accordingly also have effect subject, as respects the power conferred by subsection (1) above, to the powers of the Rail Regulator under section 18 of the Railways Act 1993."

    (4) In section 4 of the Railways Act 1993 (general duties of the Secretary of State and the Rail Regulator) in subsection (5) (which imposes additional duties on the Rail Regulator) the word "and" immediately preceding paragraph (c) shall be omitted and at the end of that paragraph there shall be added "; and

            (d) to have regard to the ability of the Mayor of London, London Regional Transport and Transport for London to carry out the functions conferred or imposed on them by or under any enactment".'.


PPP agreements

   

Mr Nick Raynsford

NC39

To move the following Clause:—

    '.—(1) For the purposes of this Chapter a public-private partnership agreement (referred to as a "PPP agreement") is a contract in the case of which the conditions set out in the following provisions of this section are satisfied.

    (2) The contract must be made by virtue of—

      (a) section 3(2) or (2A) of the London Regional Transport Act 1984; or

      (b) section 135(3) or (4) above.

    (3) The contract must be one which involves—

      (a) the provision, construction, renewal, or improvement, and

      (b) the maintenance,

    of a railway or proposed railway and, if or to the extent that the contract so provides, of any stations, rolling stock or depots used or to be used in connection with that railway.

    (4) The railway or proposed railway must be one which—

      (a) belongs or will belong to, or to a subsidiary of, London Regional Transport or Transport for London, or

      (b) is being provided, constructed, renewed or improved under the contract for, or for a subsidiary of, London Regional Transport or Transport for London.

    (5) The party undertaking to carry out or secure the carrying out of the work described in subsection (3) above (the "PPP company") must not be a public sector operator and, subject to subsection (6) below, the work must not be carried out by a public sector operator.

    (6) Subsection (5) above shall not be taken to preclude the rendering of assistance by a public sector operator where the assistance rendered does not constitute a substantial portion of the work.

    (7) The contract must be one which is, or is of a description which is, designated as a PPP agreement.'.

          As Amendments to Mr Nick Raynsford's proposed new Clause (NC39) (PPP     agreements):

   

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Mr Edward Davey

(a)

Line     19,     leave out 'must not' and insert 'may'.

 
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Prepared 23 Feb 1999