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5 May 1999 : Column 1036

Schedule 18

Road user charging


Amendments made: No. 140, in page 233, line 31, at end insert--
'(1A) Any charge imposed by a charging scheme in respect of the keeping of a motor vehicle on a road in a charging area must also have effect in respect of the use of the motor vehicle in that charging area.'.
No. 141, in page 235, line 5, leave out 'four' and insert 'ten'.
No. 142, in page 238, line 23, at end insert--

'4 year programmes: amendment, replacement and voluntary statements

23A.--(1) Where a statement has been prepared and approved under paragraph 20 or 22 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 charging scheme is in force--
(a) the charging authority may prepare a statement such as is described in paragraph 20(1) above, and
(b) if the charging scheme is one to which paragraph 21 above applies, the Authority may prepare a statement such as is described in paragraph 22(2) above,
at any time before the beginning of the first financial year for which a statement under paragraph 20 or, as the case may be, paragraph 22 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 20 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 22 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph,
and references to statements under paragraph 20 or 22 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 20 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 20 or 22 above, or
(b) to prepare a voluntary statement,
sub-paragraph (6) below applies.

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(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 charging 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 charging 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 20 or 22 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 20 above, if it was prepared in respect of a charging scheme by the charging authority; or
(b) under paragraph 22 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 20 or 22 above in respect of the charging 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.'.--[Mr. Dowd.]

Schedule 19

Workplace parking levy


Amendments made: No. 143, in page 246, line 48, leave out 'four' and insert 'ten'.
No. 144, in page 250, line 17, 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,

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(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.'.--[Mr. Dowd.]

5 May 1999 : Column 1039

Clause 301

Regulations and orders


Amendments made: No. 126, in page 157, line 21, leave out '27 & and insert
'(Limits of the general power)'.
No. 138, in page 157, line 21, leave out from 'above' to end of line 22.
No. 145, in page 157, line 27, after 'paragraph' insert '4 or'.
No. 100, in page 158, line 5, leave out 'or (2)'.
No. 101, in page 158, line 5, at end insert 'or (5)'.
No. 109, in page 158, leave out line 11.
No. 110, in page 158, line 11, at end insert--
'section (Transitional and consequential provision);'.
No. 111, in page 158, line 11, at end insert--
'section (Transfers of property, rights or liabilities);'.
No. 112, in page 158, line 11, at end insert--
'section (Pensions);'.
No. 113, in page 158, line 11, at end insert--
'section (Transfer and pension instruments: common provisions);'.--[Mr. Dowd.]

Schedule 26

Enactments repealed


Amendment made: No. 150, in page 302, line 45, column 3, at beginning insert
'In section 1(3), the words "but excluding any part of it within the metropolitan police district".'.--[Mr. Dowd.]

Clause 305

Interpretation


Amendments made: No. 127, in page 159, line 9, at end insert--
' "national policies" means any policies of Her Majesty's government which are available in a written form and which--
(a) have been laid or announced before, or otherwise presented to, either House of Parliament; or
(b) have been published by a Minister of the Crown;'.
No. 128, in page 159, line 15, at end insert--
' "principal purposes", in relation to the Authority, shall be construed in accordance with section (The general power of the Authority)(2) above;'.
No. 114, in page 159, line 34, at end insert--
'(4) Any power conferred by this Act to affect enactments by subordinate legislation is exercisable notwithstanding that those enactments consist of or include--
(a) provisions contained in Part III above;
(b) provisions relating to the subject matter of that Part; or
(c) provisions creating or otherwise relating to offences.
(5) In subsection (4) above "affect", in relation to any enactment, includes make--
(a) incidental, consequential, transitional, supplemental or supplementary provision or savings; or
(b) amendments, modifications or adaptations.'.--[Mr. Dowd.]

5 May 1999 : Column 1040

New Clause 16

Transfers of LRT's property etc to Transport for London


'.--(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;
(b) the provision of pensions, within the meaning of section (Pensions) below;
(c) the apportionment of any property, rights or liabilities;
(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.'.--[Mr. Dowd.]
Brought up, read the First and Second time, and added to the Bill.

New Clause 17

Functions during the transition from LRT to TfL


'.--(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
(c) securing that public passenger transport services continue to be provided without disruption.
(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
(c) Transport for London,
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.

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(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.'.--[Mr. Dowd.]
Brought up, read the First and Second time, and added to the Bill.

New Clause 18

Fares etc during the transitional period


'.--(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.'.--[Mr. Dowd.]
Brought up, read the First and Second time, and added to the Bill.

New Clause 19

Continuity: repealed or revoked functions of LRT


'.--(1) In this section--
"abolished function" means any function of London Regional Transport which was conferred or imposed by a statutory provision which is repealed or revoked by or under this Act;

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"abolition", in relation to an abolished function, means the coming into force of the repeal or revocation of the provision conferring or imposing the function;
"statutory provision" means an enactment contained in--
(a) an Act passed before the date on which London Regional Transport is dissolved or in the Session in which that date falls; or
(b) subordinate legislation made before that date or in that Session.
(2) There may be continued by or in relation to Transport for London anything (including legal proceedings) which relates to an abolished function and is in the process of being done by or in relation to London Regional Transport immediately before the abolition of the function.
(3) Anything which--
(a) was made or done by London Regional Transport for the purposes of or in connection with an abolished function, and
(b) is in effect immediately before the abolition of the function,
shall have effect as if made or done by Transport for London.
(4) Transport for London shall be substituted for London Regional Transport in any instruments, contracts or legal proceedings which relate to an abolished function and which were made or commenced before the abolition of the function.'.--[Mr. Dowd.]
Brought up, read the First and Second time, and added to the Bill.

New Clause 20

Transfer of former functions of London Transport Executive


'. Any functions of the London Transport Executive established under section 4 of the Transport (London) Act 1969 which, by virtue of section 67(1) of the London Regional Transport Act 1984 are exercisable by London Regional Transport, shall instead be exercisable by Transport for London.'.--[Mr. Dowd.]
Brought up, read the First and Second time, and added to the Bill.

New Clause 21

Dissolution of London Regional Transport


'. When the Secretary of State is satisfied that provision has been made for the transfer of all property, rights and liabilities of London Regional Transport, he may by order provide for the dissolution of London Regional Transport.'.--[Mr. Dowd.]
Brought up, read the First and Second time, and added to the Bill.

New Clause 22

Interpretation of Chapter XIV


'. In this Chapter--
"transfer programme" has the meaning given by section (Transfers of LRT's property etc to Transport for London)(1) above;
"the transitional period" has the meaning given by section (Functions during the transition from LRT to TfL)(9) above.'.--[Mr. Dowd.]
Brought up, read the First and Second time, and added to the Bill.
Order for Third Reading read.--[Queen's consent, on behalf of the Crown, signified.]

5 May 1999 : Column 1043

Motion made, and Question proposed, That the Bill be now read the Third time.--[Mr. Dowd.]


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