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| 26 | Public register of licences not to include holders' addresses |
| (1) | Section 23 of the 1998 Act (particulars to be kept in public register of licences) shall be amended as follows. |
| (2) | In subsection (1)(a), leave out "and address". |
| (3) | In subsection (2), after "the register" insert "kept under subsection (1)". |
| (4) | After subsection (2) insert— |
| "(3) | The licensing authority shall maintain a supplementary register containing, for each licence issued under this Act, the address of the person to whom it is granted. |
| (4) | The licensing authority may disclose the address of a licence holder to any person only if it appears to the authority that the person has a sufficient reason for requiring that information.". |
Part 4
Surface Transport
| (1) | Paragraph 5 of Schedule 17 to the 1999 Act (penalty fare levels) shall be amended as follows. |
| (2) | For sub-paragraph (1) substitute— |
| "(1) | Subject to sub-paragraph (2) below, a penalty fare shall be— |
| (a) | in respect of any journey on a local service— |
| (i) | £50 except where sub-paragraph (ii) below applies, or |
| (ii) | £25 if it is paid before the end of the period of 21 days beginning with the day following the day on which the journey is completed; and |
| (b) | in respect of any train journey— |
| (i) | £50 except where sub-paragraph (ii) below applies, or |
| (ii) | £25 if it is paid before the end of the period of 21 days beginning with the day following the day on which the journey is completed, |
| and shall in all cases be payable to the person providing the service on which the requirement to pay the relevant fare is made.". |
| (3) | In sub-paragraph (2) (power of Mayor to alter amounts of penalty fares) for "either or both of the cases" substitute "any case". |
| (4) | The amendments made by subsections (2) and (3) to paragraph 5 of Schedule 17 to the 1999 Act shall apply to paragraph 5 as it has effect with respect to any local service or train service by virtue of an order under paragraph 2(4) of Schedule 17 made before this section comes into force. |
| (5) | This section shall not apply to any case where a person becomes liable to pay a penalty fare before this section comes into force. |
| (1) | Paragraph 7 of Schedule 17 to the 1999 Act shall be amended as follows. |
| (2) | For sub-paragraph (1) substitute— |
"(1) A person shall, if required to do so by an authorised person, give his name and address to him if—
| (a) | he is required by the authorised person to pay a penalty fare, or |
| (b) | he would be liable to pay a penalty fare if so required by the authorised person.". |
| 29 | Anti-social behaviour orders |
The Crime and Disorder Act 1998 (c. 37) (which among other matters provides for anti-social behaviour orders) shall have effect as if—
| (a) | in section 1(10A), after paragraph (b) there were inserted— |
| "(c) | Transport for London, where the anti-social behaviour order was made on an application by Transport for London."; and |
| (b) | in section 115(2), after paragraph (j) there were inserted— |
| "(k) | Transport for London.". |
Part 5
Street Management
| 30 | Interpretation of Part 5 |
Expressions used in this Part and in the 1980 Act have the same meaning in this Part as in that Act.
| 31 | Special parliamentary procedure where order under section 10 of 1980 Act affects GLA roads |
| (1) | This section applies where the Minister proposes to make an order under section 10(2) of the 1980 Act (power to make orders as to trunk road status) and— |
| (a) | the highway to which the order relates is a GLA road, or |
| (b) | the highway to which the order relates would become a GLA road by virtue of the order. |
| (2) | Where this section applies— |
| (a) | section 10(6) of the 1980 Act (order objected to by relevant council to be subject to special parliamentary procedure) shall have effect as if for the reference to a council who are responsible for the maintenance of a highway to which the order relates, or who will become so responsible by virtue of the order, there were substituted a reference to TfL; and |
| (b) | paragraph (i) of the Table in paragraph 3 of Part 1 of Schedule 1 to the 1980 Act (persons to be served with copies of documents relating to draft order) shall have effect as if the reference to every council in whose area any highway or proposed highway to which the proposed order is situated included TfL. |
| (3) | This section shall not apply in relation to an order in respect of which notice has been published under paragraph 1 of Part I of Schedule 1 to the 1980 Act before this section comes into force. |
| 32 | Local and private Act functions with respect to former GLA roads |
| (1) | Where a GLA road becomes a trunk road by an order under section 10(2) of the 1980 Act, section 11 of the 1980 Act (local and private Act functions with respect to trunk roads) shall have effect as if each reference to a council included a reference to TfL. |
| (2) | This section applies in relation to any GLA road which becomes a trunk road whether before or after the coming into force of this Act. |
| 33 | Powers in relation to privately maintainable bridges carrying GLA roads |
Sections 93 to 95 of the 1980 Act (which enable the Secretary of State to make orders giving powers to local highway authorities as respects the reconstruction, improvement, etc of privately maintainable bridges) shall have effect as if—
| (a) | for paragraph (c) of section 95(1) (which specifies the relevant authority) there were substituted— |
| "(c) | in the case of a bridge which carries a GLA road, by Transport for London; |
| (d) | in the case of any other bridge in Greater London, by the council of the borough in which it is situated, or, if it is in the City, by the Common Council."; and |
| (b) | in section 95(3) after the words "other than a trunk road bridge" there were inserted the words "or a bridge carrying a GLA road". |
| 34 | Power to erect flag poles etc. on GLA roads |
| (1) | Subject to subsection (2), TfL may— |
| (a) | erect flagpoles, pylons and other structures on any GLA road for the purpose of displaying decorations; |
| (b) | make slots in any GLA road for the purpose of erecting the structures, and |
| (c) | remove any structure erected or slot made by TfL in pursuance of paragraph (a) or (b); |
and any structures or slots which may be erected or made by virtue of this subsection are hereafter in this section referred to as "relevant works".
| (2) | TfL is not entitled to exercise the powers conferred on it by subsection (1) in respect of so much of a GLA road as— |
| (a) | is carried by a bridge which a body other than TfL has a duty to maintain; or |
| (b) | forms part of the approaches to such a bridge and is supported or protected by works or materials which a body other than TfL has a duty to maintain, |
except with the consent in writing of that body.
| (3) | A body may give their consent in pursuance of subsection (2) on such terms as they think fit (including in particular, without prejudice to the generality of the preceding provisions of this subsection, terms providing for the body to remove any of the relevant works and reinstate the bridge or its approaches and to recover the reasonable cost of doing so from TfL). |
| (4) | TfL shall not exercise any power conferred on it by subsection (1) in relation to a GLA road unless TfL has first obtained the consent of any local authority for the areas in which TfL proposes to exercise the power. |
| (5) | If TfL erects or makes relevant works by virtue of the preceding provisions of this section TfL shall— |
| (a) | ensure that the works are erected or made so as to obstruct the GLA road in question as little as is reasonably possible, so as not to obscure or conflict with traffic signs connected with the GLA road and so as to interfere as little as is reasonably possible with the enjoyment of premises adjacent to the GLA road and with, and with access to, any apparatus in or on the GLA road which belongs to or is used or maintained by statutory undertakers; and |
| (b) | ensure that while the works are retained they are properly maintained and, so far as it is necessary to light them to avoid danger to users of the GLA road, are properly lit. |
| (6) | A person who without lawful authority interferes with or removes any relevant works is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. |
"bridge" includes a structure which carries a GLA road superimposed over a cutting; and
"statutory undertakers" means any of the following, namely, any body which is a statutory undertaker within the meaning provided by section 329(1) of the 1980 Act, any universal service provider in connection with the provision of a universal postal service, any licensee under a street works licence and the operator of an electronic communications code network or a driver information system.
| (8) | Nothing in this section shall affect the operation of section 144 of the 1980 Act. |
| 35 | Prevention of soil etc. being washed on to GLA roads |
| (1) | Subject to subsections (5) and (6), TfL may, by notice to the owner or occupier of any land adjoining a GLA road, require him, within 28 days from the date of service of the notice, to execute such works as will prevent soil or refuse from that land from falling, or being washed or carried, on to the GLA road or into any sewer or gully in it in such quantities as to obstruct the GLA road or choke the sewer or gully. |
| (2) | A person aggrieved by a requirement under this section may appeal to a magistrate's court. |
| (3) | Subject to any order made on appeal, if a person on whom a notice is served under this section fails to comply with it within the period specified in subsection (1), he is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; and if the offence is continued after conviction, he is guilty of a further offence and liable to a fine not exceeding £50 for each day on which the offence is so continued. |
| (4) | Section 311 of the 1980 Act shall apply to any offence under subsection (3) as it applies to an offence under section 151(3) of that Act. |
| (5) | Before serving a notice under subsection (1) TfL shall give not less than 7 days notice to the local authority, or each local authority, in whose area the GLA road is situated. |
| (6) | A notice served under subsection (1) shall not have effect in any case where— |
| (a) | a notice has been served under section 151 of the 1980 Act on the same person and in respect of the same land, and |
| (b) | the works required by that notice will, if carried out, prevent the soil or refuse in question from obstructing the GLA road or choking the sewer or gully. |
| (7) | At the end of Schedule 4 to the London Local Authorities and Transport for London Act 2003 (c. iii) (offences in respect of which fixed penalty notices may be served) insert— |
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Transport for London Act 2008 |
35(3) |
Failure to comply with notice requiring works to prevent soil or refuse escaping onto street or into sewer. |
| (8) | Nothing in this section shall affect the operation of section 151 of the 1980 Act. |
| 36 | Dangerous land adjoining GLA roads |
| (1) | Subject to subsections (4) to (6), if, in or on any land adjoining a GLA road there is an unfenced or inadequately fenced source of danger to persons using the GLA road, TfL may, by notice to the owner or occupier of that land, require him within such time as may be specified in the notice to execute such works of repair, protection, removal or enclosure as will obviate the danger. |
| (2) | A person aggrieved by a requirement under subsection (1) may appeal to a magistrate's court. |
| (3) | Subject to any order made on appeal, if a person on whom a notice is served under this section fails to comply with the notice within the time specified in it, TfL may execute such works as are necessary to comply with the notice and may recover the expenses reasonably incurred by it in so doing from that person. |
| (4) | Subject to subsection (5), before serving a notice under subsection (1) TfL shall give not less than 7 days notice to the local authority, or each local authority, in whose area the GLA road is situated. |
| (5) | Where a notice is served under subsection (1) in the case of emergency, TfL shall not be required to give prior notice to the local authority under subsection (4) but shall notify the authority at the same time as, or as soon as reasonably practicable after, the service of the first mentioned notice. |
| (6) | A notice served under subsection (1) shall not have effect in any case where— |
| (a) | a notice has been served under section 165 of the 1980 Act on the same person and in respect of the same land, and |
| (b) | the works required by that notice will, if carried out, obviate the danger in question. |
| (7) | Nothing in this section shall affect the operation of section 165 of the 1980 Act. |
| 37 | Forecourt abutting on GLA roads |
| (1) | Subject to subsections (2) to (4), section 166 of the 1980 Act (powers to require owners or occupiers of forecourts to take steps as respects dangers on forecourts abutting on streets) shall have effect as if in subsection (1) (which specifies the competent authority) after paragraph (a), there were inserted— |
| "(aa) | in the case of a GLA road, a local authority and also Transport for London;". |
| (2) | Subject to subsection (3), before serving a notice under section 166(1) of the 1980 Act, TfL shall give not less than 7 days notice to the local authority, or each local authority, in whose area the GLA road is situated. |
| (3) | Where a notice is served under section 166(1) of the 1980 Act in the case of emergency, TfL shall not be required to give prior notice to the local authority under subsection (2) but shall notify the local authority at the same time as, or as soon as reasonably practicable after, the service of the first mentioned notice. |
| (4) | A notice served by TfL under section 166(1) of the 1980 Act shall not have effect in any case where— |
| (a) | a notice has been served by a local authority under that section on the same person and in respect of the same land, and |
| (b) | the works required by that notice will, if carried out, obviate the danger, obstruction or inconvenience to the public in question. |
| 38 | Powers relating to retaining walls near GLA roads |
| (1) | This section applies to any length of a retaining wall, being a length— |
| (a) | any cross-section of which is wholly or partly within 3.66 metres of a GLA road; and |
| (b) | which is at any point of greater height than 1.37 metres above the level of the ground at the boundary of the GLA road nearest that point; |
but does not apply to any length of a retaining wall erected on land belonging to any transport undertakers so long as that land is used by them primarily for the purpose of their undertaking or to any length of a retaining wall for the maintenance of which a highway authority are responsible.
| (2) | Subject to subsections (6) to (8), if a length of retaining wall to which this section applies is in such condition (whether for want of repair or some other reason) as to be liable to endanger persons using the GLA road, TfL may, by notice served on the owner or occupier of the land on which that length of wall is, require him to execute such works as will obviate the danger. |
| (3) | Subsections (2) to (7) of section 290 of the Public Health Act 1936 (c. 49) (appeals against, and the enforcement of, certain notices under that Act) apply to any notice served under subsection (2) as they apply to such notices as are mentioned in subsection (1) of that section, but subject to the following modifications— |
| (a) | references to the local authority are to be construed as including references to TfL; |
| (b) | for paragraph (f) of subsection (3) there is substituted the following paragraph— |
| "(f) | that some other person ought to contribute towards the expense of executing any works required by the notice". |
| (4) | Sections 300 to 302 of the Public Health Act 1936 (c. 49) (supplementary provisions relating to appeals under the said section 290) apply, with the necessary modifications, to appeals brought by virtue of subsection (3). |
| (5) | In this section "retaining wall" means a wall, not forming part of a permanent building, which serves, or is intended to serve, as a support for earth or other material on one side only. |
| (6) | Subject to subsection (7), before serving a notice under subsection (2) TfL shall give not less than 7 days notice to the local authority, or each local authority, in whose area the GLA road is situated. |
| (7) | Where a notice is served under subsection (2) in the case of emergency, TfL shall not be required to give prior notice to the local authority under subsection (6) but shall notify the local authority at the same time as, or as soon as reasonably practicable after, the service of the first mentioned notice. |
| (8) | A notice served under subsection (2) shall not have effect in any case where— |
| (a) | a notice has been served under section 167 of the 1980 Act on the same person and in respect of the same land, and |
| (b) | the works required by that notice will, if carried out, obviate the danger in question. |
| (9) | Nothing in this section shall affect the operation of section 167 of the 1980 Act. |
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