Joint Committee on Statutory Instruments Fifth Report


First Memorandum by the Department of the Environment, Transport and the Regions


1. At its meeting on 12 December the Committee requested a memorandum about this instrument on the following point:

    "Given that subsection (3) of section 254 of the Greater London Authority Act 1999 states that the amendments made by paragraphs 1 to 18 of Schedule 21 to that Act are consequential on subsections (1) and (2) of that section, explain why the Order commences that section only so far as it relates to those amendments."

2. The effect of bringing section 254(1) of the Greater London Authority Act 1999 into force is that subject to the following provisions of the section it transfers the functions of the Secretary of State under the Private Hire Vehicles (London) Act 1998 to Transport for London. However section 254(2) provides that this transfer does not apply among other things to the functions of the Secretary of State under section 38 of the 1998 Act. Section 254(3) gives effect to Schedule 21 but Schedule 21 contains 19 paragraphs and not 18. Were paragraph 19 to be brought into force section 38 of the 1998 Act (financial provisions relating to the Secretary of State) would cease to have effect. For policy reasons the Department is not ready to bring paragraph 19 into force. Accordingly, regulation 2(b) of the order is limited to bringing paragraphs 1 to 18 of Schedule 21 into force and the qualifying words in relation to section 254 as a whole ensure that section 254(3) does not come into force in such a way as to give effect to paragraph 19 of Schedule 21.

19 December 2000

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