Second Memorandum by the Department of
the Environment, Transport and the Regions
GREATER LONDON AUTHORITY ACT 1999 (COMMENCEMENT NO.
8 AND CONSEQUENTIAL PROVISIONS) ORDER 2000 (S.I. 2000/3145)
1. The Committee has asked the Department to submit
a further Memorandum on the following point:
"The Committee appreciates
that paragraph 19 of Schedule 21, and section 254, so far as it
relates to that paragraph, were not brought into force by this
Order. The Committee's question, however, relates to the fact
that the amendments made by paragraphs 1 to 18 of Schedule 21,
and section 254 so far as it relates to those paragraphs are consequential
on the transfer of functions from the Secretary of State to Transport
for London effected by section 254(1) and (2). Explain why the
Order does not bring into force the substantive provisions of
subsections (1), (2) and (4), on which the provisions actually
commenced by the Order are merely consequential.".
2. In the Department's view article 2 of the Order
has the effect of bringing into force the whole of section 254
of the Greater London Act 1999, except for the repeal of section
38 of the Private Hire Vehicles (London) Act 1998 contained in
paragraph 19 of Schedule 21 of the 1999 Act. Section 254 is concerned
with the transfer of the functions of the Secretary of State under
the 1998 Act to Transport for London. Those functions are the
subject of paragraphs 1 to 18 of Schedule 21 to the 1998 Act,
which are referred to in paragraph (a) of article 2 of the Order.
3. However, the Department accepts that the intention
would have been better expressed if paragraph (a) of article 2
had referred to section 254 "except so far as it applies
to paragraph 19 of Schedule 21".
22 January 2001