Vote Bundle Text (990428-11)

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

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Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Dr Vincent Cable
Mr Edward Davey
Dr Jenny Tonge

Page 247 [Schedule 19], leave out lines 26 to 34.

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Dr Vincent Cable
Mr Edward Davey
Dr Jenny Tonge

Page 248 [Schedule 19], leave out lines 28 to 44.

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Dr Vincent Cable
Mr Edward Davey
Dr Jenny Tonge

Page 249 [Schedule 19], leave out lines 16 to 30.

Mr Secretary Prescott

144

*Page 250, line 17 [Schedule 19], at end insert—

'4 year programmes: amendment, replacement and voluntary statements

29A.—(1) Where a statement has been prepared and approved under paragraph 26 or 28 above, the authority which prepared the statement may—

(a) amend the statement, or

(b) replace it with another statement (a "replacement statement"),

but subject to the following provisions of this paragraph.

(2) Subject to the following provisions of this paragraph, where a licensing scheme is in force—

(a) the licensing authority may prepare a statement such as is described in paragraph 26(1) above, and

(b) if the licensing scheme is one to which paragraph 27 above applies, the Authority may prepare a statement such as is described in paragraph 28(2) above,

at any time before the beginning of the first financial year for which a statement under paragraph 26 or, as the case may be, paragraph 28 above is required to be prepared in respect of the scheme.

(3) For the purposes of this paragraph—

(a) a "voluntary statement" is a statement prepared under sub-paragraph (2)(a) or (b) above,

(b) a statement prepared under sub-paragraph (2)(a) above shall be treated as a statement prepared under paragraph 26 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, and

(c) a statement prepared under sub-paragraph (2)(b) above shall be treated as a statement prepared under paragraph 28 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph,

and references to statements under paragraph 26 or 28 above shall be construed accordingly.

(4) The power conferred by sub-paragraph (1)(b) or (2) above is exercisable—

(a) in the case of a statement under paragraph 26 above in respect of a borough scheme, during the period of six months beginning with the day on which a change of control of the London borough council concerned occurs; or

(b) in any other case, during the period of six months beginning with the term of office of any person returned as the Mayor at an ordinary election or at an election under section 16 of this Act.

(5) Where, in exercise of the powers conferred by this paragraph, an authority proposes—

(a) to amend or replace a statement prepared and approved under paragraph 26 or 28 above, or

(b) to prepare a voluntary statement,

sub-paragraph (6) below applies.

(6) Where this sub-paragraph applies, the amendment, replacement statement or voluntary statement must be submitted for approval—

(a) to the Secretary of State; and

(b) if the statement concerned or affected is one prepared in respect of a borough scheme by the licensing authority, to the Authority.

(7) Where sub-paragraph (6)(b) above applies, any submission to the Secretary of State under sub-paragraph (6)(a) above may only be made—

(a) by the Authority acting on behalf of the licensing authority concerned; and

(b) after the giving by the Authority of the approval required by sub-paragraph (6)(b) above.

(8) Where a statement prepared and approved under paragraph 26 or 28 above is amended in accordance with this paragraph, the statement shall continue to be regarded for the purposes of this Schedule as a statement so prepared and approved, notwithstanding the amendment.

(9) A replacement statement or a voluntary statement must relate to the four financial years beginning with the financial year in which it takes effect (disregarding so much of that year as has expired before the statement takes effect).

(10) A replacement statement or voluntary statement prepared and approved under this paragraph shall be taken for the purposes of this Schedule to be a statement prepared and approved—

(a) under paragraph 26 above, if it was prepared in respect of a licensing scheme by the licensing authority; or

(b) under paragraph 28 above, if it was prepared by the Authority.

(11) Where a voluntary statement or replacement statement prepared by an authority takes effect, the time at which any subsequent statement is required to be prepared by that authority by virtue of paragraph 26 or 28 above in respect of the licensing scheme in question shall be determined as if the financial year preceding that in which the replacement statement or voluntary statement takes effect had been such a fourth year as is mentioned in sub-paragraph (1) of that paragraph.'.

REMAINING NEW CLAUSES

Transfers of LRT's property etc to Transport for London

Mr Secretary Prescott

NC16

To move the following Clause:—

'.—(1) The Secretary of State shall from time to time prepare programmes for the transfer to Transport for London of property, rights and liabilities of London Regional Transport—

(a) for the purpose of enabling Transport for London to perform its functions as they become exercisable; or

(b) in preparation for the dissolution of London Regional Transport;

and in this Chapter "transfer programme" means a programme under this subsection.

(2) Any powers conferred by Part XII below are exercisable for the purpose of implementing any transfer programme.

(3) A transfer programme may include plans relating to—

(a) the transfer of rights and liabilities under contracts of employment;

(Pensions)

(d) the creation of rights or liabilities;

(e) the transfer of statutory functions;

(f) the exercise of any other powers under Part XII below.

(4) A transfer programme may provide for different property, rights or liabilities to be transferred on different days.

(5) To the extent that a transfer programme has not been implemented, it may be varied or replaced by another such programme.'.

Functions during the transition from LRT to TfL

Mr Secretary Prescott

NC17

To move the following Clause:—

'.—(1) In this section "transitional purpose" means the purpose of—

(a) facilitating the securing and carrying into effect of PPP agreements under Chapter VI above;

(b) facilitating the transfer of property, rights or liabilities of London Regional Transport to Transport for London; or

(2) London Regional Transport shall be under a duty, and shall be taken at any time before the coming into force of this section to have had power, to do all such things as it considers appropriate for any transitional purpose.

(3) In discharging their functions during the transitional period it shall be the duty of—

(a) the Mayor,

(b) London Regional Transport, and

to consult and co-operate with each other for any transitional purpose.

(4) The following provisions of this section have effect for the purpose of facilitating the discharge of the duty of co-operation imposed on London Regional Transport and Transport for London by subsection (3) above.

(5) London Regional Transport and Transport for London shall each provide to the other such information as may reasonably be required by that other for the purpose of discharging any of its functions during the transitional period.

(6) London Regional Transport and Transport for London shall each have power to enter into arrangements with the other—

(a) for the provision by the one for the other of administrative, technical or professional services or of passenger transport services;

(b) for the one to make available for use by the other, or for shared use by each of them, any land, equipment or other property;

(c) for the one to place any of its officers or other members of staff at the disposal of the other, for the purposes of its functions;

(d) for the discharge by the one of any functions of the other on its behalf.

(7) Arrangements entered into under subsection (6) above may be on such terms as may be agreed between London Regional Transport and Transport for London.

(8) Arrangements by virtue of paragraph (c) of subsection (6) above may only be entered into after consultation with the officers or members of staff concerned.

(9) In this Chapter "the transitional period" means the period which—

(a) begins with the coming into force of this section; and

(b) ends on the day on which London Regional Transport ceases to provide or secure the provision of public passenger transport services.'.

Fares etc during the transitional period

Mr Secretary Prescott

NC18

To move the following Clause:—

'.—(1) If provision is made under or by virtue of this Act which has the effect of applying to any extent in relation to London Regional Transport during the transitional period—

(a) the powers conferred on the Mayor by section 134 above, and

(b) the duty imposed on the Mayor by section 135 above,

then the Mayor, in discharging that duty as so applied in relation to London Regional Transport, shall act in a way which he considers will not prejudice the financial or other interests of London Regional Transport, having regard to the financial and other interests of Transport for London.

(2) If provision is made under or by virtue of this Act which has the effect of—

(a) applying to any extent in relation to London Regional Transport during the transitional period any of the provisions contained in sections 187 to 190 above or Schedule 12 to this Act, and

(b) authorising or requiring Transport for London during the transitional period to act on behalf of London Regional Transport for the purposes of any of those provisions as so applied,

then Transport for London, in acting on behalf of London Regional Transport for those purposes, shall do so in a way which (having regard to its own financial and other interests) it considers will not prejudice the financial or other interests of London Regional Transport.'.