Vote Bundle Text (990302-03)

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

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Concessionary fares for London residents

Mr Eric Forth

NC5

To move the following Clause:—

The Secretary of State may by regulations make provision for and in connection with the provision of travel concessions to persons who are resident in Greater London.'.

Fees for licences

Ms Linda Perham
Mrs Eileen Gordon
John Austin
Mr Clive Efford

NC55

To move the following Clause:—

'Fees for licences etc. [ ]. After section 11 of the Metropolitan Public Carriage Act 1869 (licences by whom to be granted) there is inserted—

"Fees for]licences] 11A.—(1) A person, on making an application for the grant or renewal of a licence under this Act, shall pay such fees as Transport for London may, with the approval of the Secretary of State, determine.

(2) Transport for London may decline to proceed with an application for the grant or renewal of a licence until any fee due in respect of that application is paid.".'.

Smoking in London taxis and PHVs

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

NC67

To move the following Clause:—

'Smoking in London taxis and PHVs ( ).(1) A person shall not smoke or carry lighted tobacco in a taxi or private hire vehicle where passengers are by means of a prescribed notice informed that smoking is prohibited.

(3) A passenger who contravenes subsection (1) may be required by the driver to leave a taxi or private hire vehicle and, where the passenger refuses to comply with that requirement, may be removed by the driver or, on the request of the driver, by a constable.

(4) A person who—

(a) contravenes subsection (1),

(b) refuses to comply with a requirement made in accordance with subsection (3), or

in guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) Notwithstanding the provisions of any enactment requiring certain hirings to be accepted, it shall be lawful for the driver of a taxi bearing a prescribed notice to refuse to carry a passenger who is smoking or carrying lighted tobacco.

(6) In this section—

"private hire vehicle" means a vehicle licensed under the Private Hire Vehicles (London) Act 1998; and

"Taxi" means a hackney carriage licensed under section 6 of the Metropolitan Public Carriage Act 1869.'.

Smoking in London taxis

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

NC68

'Smoking in London taxis (). (1) A person shall not smoke or carry lighted tobacco in a London taxi where passengers are by means of a prescribed notice informed that smoking is prohibited.

(3) A passenger who contravenes subsection (1) may be required by the driver to leave a London taxi and, where the passenger refuses to comply with that requirement, may be removed by the driver or, on the request of the driver, by a constable.

(4) Nothing in subsection (3) shall be taken to relieve a passeger from the obligation to any pay fare and where a passenger is required to leave or is removed from a London taxi in accordance with that subsection before reaching his destination he shall be liable to pay the fare up to the point where he is required to leave or is removed from the taxi.

(5) A person who—

(a) contravenes subsection (1),

(b) refuses to comply with a requirement made in accordance with subsection (3), or

is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Notwithstanding the provisions of any enactment requiring certain hirings to be accepted, it shall be lawful for the driver of a London taxi bearing a prescribed notice to refuse to carry a passenger who is smoking or carrying lighted tobacco.

(7) In this section "London taxi" means a hackney carriage licensed under section 6 of the Metropolitan Public Carriage Act 1869.'.

NEW SCHEDULES RELATING TO CHAPTERS VII TO X OF PART IV

Mr Nick Raynsford

NS4

To move the following Schedule:—

'SCHEDULE

The free travel scheme

Concessions required for blind persons

1. In any financial year during which the free travel scheme has effect, the concession required by the scheme in the case of all eligible London residents in the blind persons' category is the waiver, on production of a travel concession permit issued to any such resident under paragraph 4(2) below, of any fare otherwise payable by the person to whom it was issued for any journey falling within section (Requirements as to scope)(2) of this Act.

Concessions required for other eligible London residents

2.—(1) In any financial year during which the free travel scheme has effect, the concession required by the scheme in the case of all eligible London residents in any other category (persons who have attained pensionable age or whose ability to walk is seriously impaired) is the concession described in sub-paragraph (2) below.

(2) The concession mentioned in sub-paragraph (1) above is the waiver, on production of a travel concession permit issued to any such resident under paragraph 4(2) below, of any fare otherwise payable by the person to whom it was issued for any journey falling within section (Requirements as to scope)(2) of this Act and beginning—

(a) at any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971; or

(b) in the daytime, evening or late-night period on any other day.

(3) Subject to sub-paragraph (4) below, for the purposes of paragraph (b) of sub-paragraph (2) above—

(a) the daytime period is the period from 9.30 a.m. until 6.30 p.m.;

(b) the evening period is the period from 6.30 p.m. until midnight; and

(4) The daytime, evening or late-night period for the purposes of sub-paragraph (3) above may be altered from time to time by Transport for London by notice published in such manner as it thinks fit, specifying the new period or periods and the effective date of the alteration.

(5) A notice under sub-paragraph (4) above may not specify an effective date for the alteration of a period to which it applies falling earlier than three months after the date of publication of the notice.

(6) Before publishing a notice under sub-paragraph (4) above Transport for London shall consult each London authority and the London Transport Users' Committee.

Notification

3. As soon as it appears to Transport for London that the free travel scheme will have effect during the next financial year, Transport for London shall notify each London authority that the scheme will have effect during that financial year.

Issue of permits

4.—(1) For the purposes of the operation of the free travel scheme in any financial year during which the scheme has effect, Transport for London shall from time to time supply to each London authority such travel concession permits as appear to Transport for London to be required by that council for issue to eligible London residents in accordance with the following provisions of this paragraph.

(2) Subject to sub-paragraph (3) below, a London authority shall issue a travel concession permit supplied by Transport for London under sub-paragraph (1) above to any eligible London resident who applies for one and is resident in the area of that authority.

(3) The issue of such a permit by any London authority shall be subject to such terms, limitations or conditions as the authority may, with the approval of the Mayor, from time to time determine as respects any category of eligible London residents.

Charges made for permits

5.—(1) Before 1st February in any financial year immediately preceding a financial year during which the free travel scheme will have effect, Transport for London shall notify each London authority of the charge to be paid by the authority to Transport for London—

(a) for each quarter of the financial year during which the free travel scheme will have effect;

(b) in respect of each travel concession permit issued under paragraph 4(2) above and valid on the first day of that quarter.

(2) The charges payable by London authorities under this paragraph—

(a) shall be fixed by Transport for London with a view to securing that the costs of the operation of the free travel scheme are met from the proceeds of those charges (taking one financial year during which the scheme has effect with another, where the scheme has effect during two or more consecutive financial years); and

(b) may differ for different quarters of a financial year.

(3) The reference in sub-paragraph (2)(a) above to the costs of the operation of the free travel scheme is a reference, in relation to any financial year taken into account in fixing any charges under that sub-paragraph, to the aggregate of the amounts specified in sub-paragraph (4) below.

(4) Those amounts are—

(a) the revenue by way of fares which Transport for London estimates that it and any of its subsidiaries have lost or will lose in that year in consequence of the provision of free travel under the scheme; and

(b) any other costs which Transport for London has incurred or estimates that it will incur in that year in connection with providing, or for the purpose of securing the provision of, free travel under the scheme (including any payments Transport for London has made or proposes to make for that purpose to any person with whom they have entered into an agreement by virtue of section 135(3) or (4) of this Act).

Payments by London authorities

6.—(1) Before the end of the first month of each quarter of each financial year during which the free travel scheme has effect, each London authority shall—

(a) pay to Transport for London, in respect of each travel concession permit issued by that authority and valid on the first day of that quarter, the charge fixed by Transport for London under paragraph 5 above which is applicable to that permit for that quarter;

(b) provide Transport for London with a written statement giving the particulars required by sub-paragraph (2) below with respect to the travel concession permits supplied to the authority by Transport for London under paragraph 4(1) above; and

(c) if required to do so by Transport for London, return to Transport for London all such permits which have not been issued by the authority before the beginning of that quarter.

(2) The particulars required by this sub-paragraph in any statement under sub-paragraph (1)(b) above with respect to any quarter of the financial year in question are—

(a) the number of travel concession permits supplied to the authority by Transport for London under paragraph 4(1) above and issued to eligible London residents of each category which are valid on the first day of that quarter;

(b) the number of such permits so issued (if any) which expired or were surrendered to the authority during the last preceding quarter; and

(c) the number of such permits supplied for issue to eligible London residents of each category which have not been issued by the authority before the beginning of the quarter for which the statement is required.

Local authority's opinion of disability or injury

7. For the purposes of the operation of the free travel scheme, the reference in section (Travel concessions on journeys in and around Greater London)(5)(c) of this Act to the local authority by whom the cost incurred in granting concessions to a person falls to be reimbursed shall be taken as a reference to the local authority in whose area the person in question resides.

Annual report of Transport for London

8. With respect to each financial year during which the free travel scheme has effect, the annual report of Transport for London under section 138 of this Act shall contain a statement of—

(a) the manner in which the charges fixed under paragraph 5 above in respect of each quarter of that year were calculated; and

(b) the aggregate of the amounts paid to Transport for London during that year by London authorities under paragraph 6(1)(a) above.'