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| 39 | Power to erect barriers in GLA roads in case of emergency etc. |
Section 287 of the 1980 Act (which enables a competent authority to erect barriers in streets for certain purposes) shall have effect as if, in subsection (1) (definition of competent authorities), after paragraph (a), there were inserted—
| "(aa) | in the case of a GLA road, a local authority and also Transport for London;". |
| 40 | Power to use vehicles and appliances on footways |
Section 300 of the 1980 Act (which enables competent authorities to use vehicles and appliances on footways and bridleways for the performance of certain functions) shall have effect as if, in subsection (1)(a) (definition of competent authorities), after "London borough" there were inserted "Transport for London".
Provision of amenities or services on certain GLA roads
| 41 | Scope of sections 42 to 47 |
In sections 42 to 47 "relevant GLA road" means—
| (a) | a footway within a GLA road; |
| (b) | a subway under a GLA road which subway is constructed under section 69 of the 1980 Act and maintained by TfL; |
| (c) | a footbridge over a GLA road which footbridge is constructed under section 70 of the 1980 Act and maintained by TfL; and |
| (d) | a GLA road of a description not mentioned in any of the preceding paragraphs of this definition whose use by vehicular traffic is prohibited by a traffic order but whose use by other traffic is not prohibited or restricted or regulated by such an order. |
| 42 | Provision etc. of services and amenities by TfL |
| (1) | Subject to subsection (4), TfL shall have power— |
| (a) | to carry out works on, in or over a relevant GLA road; and |
| (b) | to place objects or structures on, in or over such a GLA road, |
for the purpose—
| (i) | of enhancing the amenity of the GLA road and its immediate surroundings; or |
| (ii) | of providing a service for the benefit of the public or a section of the public. |
| (2) | TfL shall have power to maintain— |
| (a) | any works carried out under paragraph (a) of subsection (1); and |
| (b) | any objects or structures placed on, in or over a GLA road under paragraph (b) of that subsection. |
| (3) | Without prejudice to the generality of this section, the amenity of a GLA road may be enhanced by providing lawns, trees, shrubs or flowers. |
| (4) | TfL may not, in the exercise of the power conferred by subsection (1)(b), place an object or structure on, in or over a relevant GLA road unless TfL has first obtained the consent of the frontagers with an interest— |
| (a) | to the placing of the object or structure; and |
| (b) | to the purpose for which it is to be placed. |
| 43 | Provision of recreation and refreshment facilities by TfL |
| (1) | Subject to subsections (2) and (3), TfL shall have power to provide, maintain and operate facilities for recreation or refreshment or both on a relevant GLA road. |
| (2) | Where subsection (3) applies, TfL may not exercise the powers conferred by this section unless TfL has first obtained the consent of the frontagers with an interest. |
| (3) | This subsection applies where the facilities are to be provided on a footway in relation to which no traffic order is in force. |
| 44 | Limits of powers under sections 42 and 43 |
TfL may exercise its powers under section 42 or 43 to restrict the access of the public to any part of a relevant GLA road but shall not so exercise them—
| (a) | as to prevent traffic, other than vehicular traffic— |
| (i) | entering the GLA road at any place where such traffic could enter it before the making of a traffic order in relation to it or the exercise in relation to it of a power conferred by section 42 or 43; or |
| (iii) | having normal access to premises adjoining it; or |
| (b) | as to prevent any use of vehicles which is not prohibited by a traffic order; or |
| (c) | as to prevent statutory undertakers having access to any apparatus of theirs under, in, on or over the GLA road; or |
| (d) | as to prevent the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the GLA road. |
| 45 | Notices to be given before exercise of powers under sections 42 and 43 |
| (1) | Subject to subsection (4), TfL shall not exercise any power conferred by section 42 or 43 unless TfL has first published a notice under this section. |
| (2) | TfL shall publish a notice under this section— |
| (a) | by affixing it in a conspicuous position at or near the place to which the proposal relates; and |
| (b) | by serving a copy of the notice on the owner and occupier of any premises appearing to TfL to be likely to be materially affected. |
| (3) | A notice under this section— |
| (a) | shall give details of the proposal; and |
| (b) | shall specify a period (being not less than 28 days after the publication of the notice) during which representations regarding the proposal may be made to TfL. |
| (4) | No notice under this section is required where TfL proposes to exercise a power conferred by section 42 or 43 in relation to a relevant GLA road in relation to which a traffic order has been made. |
| (5) | Where TfL has published a notice under this section, TfL shall not exercise the power to which the notice relates until it has taken into consideration all representations made to it in connection with the proposal within the period specified in the notice. |
| 46 | Consent of local authority required |
TfL shall not exercise any power conferred by section 42 or 43 in relation to a relevant GLA road unless TfL has first obtained the consent of any local authority for the area in which TfL proposes to exercise the power.
| 47 | Consents not to be unreasonably withheld |
| (1) | Consent to which this section applies is not to be unreasonably withheld but may be given subject to any reasonable conditions. |
| (2) | Without prejudice to the generality of subsection (1), it may be reasonable— |
| (a) | for consent to which this section applies to be given for a specified period of time, or |
| (b) | for consent under section 42 or 43 to be given subject to the payment of a reasonable sum. |
| (3) | Consent shall be deemed to have been given for the purposes of this section if TfL has served a notice asking for consent on the person whose consent is required and the person fails within 28 days of the service of the notice to give TfL notice of his consent or his refusal to give it. |
| (4) | Any question whether consent is unreasonably withheld or is given subject to reasonable conditions shall be referred to and determined by an arbitrator to be appointed, in default of agreement, by the President of the Chartered Institute of Arbitrators. |
| (a) | the arbitrator determines that consent has been unreasonably withheld; but |
| (b) | it appears to him that there are conditions subject to which it would be reasonable to give it, |
he may direct that it shall be treated as having been given subject to those conditions.
| (a) | the arbitrator determines that any condition subject to which consent has been given is unreasonable; but |
| (b) | it appears to him that there are conditions subject to which it would have been reasonable to give it, |
he may direct that it shall be treated as having been given subject to those conditions.
| (7) | The expenses and remuneration of the arbitrator shall be paid by TfL. |
| (8) | This section applies to consent required under section 42, 43 or 46. |
| 48 | Saving for Planning Acts |
Nothing in this Part shall affect the operation of the Town and Country Planning Act 1990 (c. 8) or the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9).
Part 6
Miscellaneous
| 49 | Power to make arrangements for risk mitigation |
| (1) | Notwithstanding section 164 of the 1999 Act, a subsidiary of TfL may enter into any derivative investment in connection with any actual or prospective asset or liability of a relevant TfL body if such derivative investment is entered into for the purpose of limiting the extent to which any relevant TfL body will be affected by changes in— |
| (c) | any index reflecting inflation of the United Kingdom or elsewhere; |
| (d) | rates or prices applicable to oil, electricity or any commodity which is used by any relevant TfL body; or |
| (e) | rates or prices applicable to any securities creating or acknowledging indebtedness issued by or on behalf of— |
| (i) | the government of the United Kingdom; |
| (ii) | any state outside the United Kingdom; |
| (iii) | any body the members of which comprise states which include the United Kingdom or another EEA State; or |
| (iv) | any body the members of which comprise bodies whose members comprise states which include the United Kingdom or another EEA State. |
| (2) | Subsection (1) shall not prejudice any other powers conferred on TfL by any other enactment. |
| (a) | "associated undertaking" has the meaning given by section 119(1) of the Building Societies Act 1986 (c. 53); |
| (b) | "contract for differences" means a contract the purpose or purported purpose of which is to secure a profit or avoid a loss by reference to fluctuations in— |
| (i) | the value or price of property of any description; or |
| (ii) | an index or other factor designated for that purpose in the contract; |
and for this purpose, an index or factor may be determined by reference to any matter and a numerical value may be attributed to any variation in a matter;
| (c) | "derivative investment" means an investment of any of the following kinds— |
| (i) | an instrument giving entitlements to investments; |
| (iv) | a contract for differences. |
| (d) | "future" means a contract for the sale of property under which delivery is to be made at a future date, and at a price, agreed when the contract is made; and for this purpose, a price is to be taken to be agreed when the contract is made— |
| (i) | notwithstanding that it is left to be determined by reference to the price at which a contract is to be entered into on a market or exchange or could be entered into at a time and place specified in the contract; or |
| (ii) | in a case where the contract is expressed to be by reference to a standard lot and quality, notwithstanding that provision is made for a variation in the price to take account of any variation in quantity or quality on delivery; |
| (e) | "investment" means any asset, right or interest; |
| (f) | "joint venture" has the meaning given by paragraph 19 of Schedule 4A to the Companies Act 1985 (c. 6); |
| (g) | "option" includes a warrant; |
| (h) | "relevant TfL body" means TfL, any subsidiary of TfL, a joint venture of TfL or an associated undertaking of TfL; and |
| (i) | "warrant" means an instrument which entitles the holder to subscribe for shares in a company or assets representing a loan relationship of a company; and for this purpose it is immaterial whether the shares or assets to which the warrant relates exist or are identifiable. |
| 50 | Agreements under section 215(1) of 1999 Act |
The powers of TfL under section 215(1) of the 1999 Act to enter into and carry out agreements with other persons in connection with a PPP agreement include power to enter into and carry out such agreements whether or not—
| (a) | TfL is a party to the PPP agreement, or |
| (b) | such agreements involve the provision of property or rights for use for the purposes of or otherwise in connection with the PPP agreement, or |
| (c) | such agreements support or are consequential upon entering into the PPP agreement. |
| 51 | Power to acquire land for relocation of businesses etc. |
In paragraph 18(1) of Schedule 11 to the 1999 Act (power for TfL to acquire land for the purpose of discharging any of its functions)—
| (a) | after "rehousing" insert "or relocating"; |
| (b) | after "dwellings" insert "or other properties"; and |
| (c) | after "Transport for London" insert "or a subsidiary of Transport for London". |
| 52 | Power to revoke or vary certain orders |
| (1) | An order made under section 14B of the 1980 Act (orders changing what are GLA roads) to which section 326(2) of that Act does not apply may (subject to section 14B(5) of that Act) be revoked or varied by a subsequent order made under section 14B. |
| (2) | Nothing in subsection (1) shall apply in relation to a relevant line order or a relevant side roads order within the meaning of the GLA Roads (Continuity of Orders etc.) Order 2000 (S.I.2000/2615). |
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