House of Lords Amendments - Greater London Authority Bill

Greater London Authority Bill - Amendments to be debated in the House of Lords - continued	House of Lords
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	Clause 199
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
289	Page 107, line 2, at end insert (", or (e) any officer or employee or member of a company having business with the Authority or with Transport for London, or any company in which Transport for London has an interest, which generates revenue in any twelve month period (measured according to generally accepted principles of accounting) in excess of £10,000, or any officer or employee of any company under the control of such a company, or which is controlled by a company which also controls such a company")
	After Clause 199
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
290	Insert the following new Clause--
	(" . The Assembly shall appoint and fix the remuneration of external auditors who shall have the duty to undertake an annual audit of the finances of the Committee and submit an annual report on such finances to the Assembly.")	External auditors (No. 2).
	Schedule 14
	BY THE LORD SWINFEN THE BARONESS DARCY DE KNAYTH THE BARONESS THOMAS OF WALLISWOOD
291	Page 237, line 5, at end insert-- ("( ) The Committee shall appoint a sub-committee whose sole responsibility shall be to deal with complaints about door-to-door transport.")
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
292	Page 237, line 33, leave out ("such") and insert ("at least three clear days")
293	Page 237, line 35, leave out from ("meeting") to end of line 36 and insert (", or (c) where the public is to be excluded from a part of the meeting, by means of a brief reference to the nature of the business to be covered by that part of the meeting and the reasons for the exclusion of the public")
294	Page 237, line 39, leave out paragraph 14
	Clause 200
	BY THE EARL OF CLANCARTY
294A*	Page 107, line 14, after ("to") insert ("public")
	After Clause 205
	BY THE BARONESS GARDNER OF PARKES
295	Insert the following new Clause--
	(" .--(1) A person shall not smoke or carry lighted tobacco in a London taxi where passengers are by means of a prescribed notice informed that smoking is prohibited. (2) For the purposes of this section, "prescribed notice" means a notice or marking of such type, and displayed in or on a London taxi in such manner, as the Secretary of State may by order prescribe. (3) A passenger who contravenes subsection (1) may be required by the driver to leave a London taxi and, where the passenger refuses to comply with that requirement, may be removed by the driver or, on the request of the driver, by a constable. (4) Nothing in subsection (3) shall be taken to relieve a passenger from the obligation to any pay fare and where a passenger is required to leave or is removed from a London taxi in accordance with that subsection before reaching his destination he shall be liable to pay the fare up to the point where he is required to leave or is removed from that taxi. (5) A person who-- (a) contravenes subsection (1), (b) refuses to comply with a requirement made in accordance with subsection (3), or (c) resists lawful removal in accordance with that subsection, is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (6) Notwithstanding the provisions of any enactment requiring certain hirings to be accepted, it shall be lawful for the driver of a London taxi bearing a prescribed notice to refuse to carry a passenger who is smoking or carrying lighted tobacco.	Smoking in London taxis.
	(7) In this section "London taxi" means a hackney carriage licensed under section 6 of the Metropolitan Public Carriage Act 1869.")	1869 c. 115.
296	Insert the following new Clause--
	(" .--(1) A person shall not smoke or carry lighted tobacco in a taxi or private hire vehicle where passengers are by means of a prescribed notice informed that smoking is prohibited. (2) For the purposes of this section, "prescribed notice" means a notice or marking of such type, and displayed in or on a taxi or private hire vehicle in such manner, as the Secretary of State may by order prescribe. (3) A passenger who contravenes subsection (1) may be required by the driver to leave a taxi or private hire vehicle and, where the passenger refuses to comply with that requirement, may be removed by the driver or, on the request of the driver, by a constable. (4) A person who-- (a) contravenes subsection (1), (b) refuses to comply with a requirement made in accordance with subsection (3), or (c) resists lawful removal in accordance with that subsection, is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (5) Notwithstanding the provisions of any enactment requiring certain hirings to be accepted, it shall be lawful for the driver of a taxi bearing a prescribed notice to refuse to carry a passenger who is smoking or carrying lighted tobacco. (6) In this section--	Smoking in London taxis and PHVs.
	private hire vehicle" means a vehicle licensed under the Private Hire Vehicles (London) Act 1998; and	1998 c. 34.
	taxi" means a hackney carriage licensed under section 6 of the Metropolitan Public Carriage Act 1869.")	1869 c. 115.
	After Clause 211
	BY THE LORD ARCHER OF WESTON-SUPER-MARE
297	Insert the following new Clause--
	(" . The Secretary of State may by regulations make provisions for and in connection with the establishment and operation by or on behalf of-- (a) the Authority, (b) any London borough council, or (c) the Common Council, of schemes for imposing charges on undertakers of street works in Greater London.")	Charges on undertakers of street works.
	Clause 228
	BY THE LORD MORRIS OF MANCHESTER THE BARONESS DARCY DE KNAYTH THE LORD SWINFEN
298	Page 126, line 15, at end insert-- ("(4) For the purposes of this section and Schedule 18, in respect of any such scheme, the Secretary of State shall prescribe the exemptions from charges that shall apply in respect of vehicles used by people with prescribed disabilities.")
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
299	Page 126, line 15, at end insert-- ("(4) The purpose of any charges imposed by schemes established pursuant to this section shall be to encourage the use by individuals of public passenger transport services in preference to other forms of transport and regulations issued to establish such schemes shall be drafted, applied and interpreted in the light of this purpose, and any feature of or provision within any purported regulations which is neither essential nor reasonably incidental to such purpose shall be void and of no effect. (5) In order to fulfil the purpose set out in subsection (4) above, no scheme shall be established which imposes a charge for the use of any road unless it contains a provision for the Authority or any London borough council or the Common Council, as is appropriate (in this Chapter "the charging body"), to make payments to any resident (including the occupier of any business premises) of the area over which they have authority. (6) The payments referred to in subsection (5) above shall be calculated, as far as is reasonably practicable, to be equal to the charges which would be borne by a person who used the road or roads in question no more than the average during a twelve month period; and the charging body shall review the level of payments each year to ensure that the purpose in subsection (4) is fulfilled. (7) In order to calculate the payments referred to in subsection (5) above, no regulations establishing a scheme pursuant to this section may be made unless the charging body in question has first conducted research over at least three months into the level of use of the road or roads in question (including such information as the number of persons using such road or roads, the frequency with which they use the road or roads in question, the nature of the motor vehicles used, and the distance travelled by them within the relevant area). (8) Where the research conducted pursuant to subsection (7) above indicates to a charging body that the payments required by subsection (5) above cannot be calculated with reasonable accuracy, then no scheme relating to the road or roads in question may be established pursuant to this section. (9) The results of the research conducted pursuant to subsection (7) above shall be available at no charge to members of the public and published electronically by the charging body in a form capable of access by members of the public.")
	After Clause 228
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
300	Insert the following new Clause--
	(" .--(1) The purpose of any schemes established pursuant to section 228 shall be to encourage the use by individuals of public passenger transport services in preference to other forms of transport. (2) In order to fulfil the purpose set out in subsection (1) above, no scheme shall be established pursuant to section 228 which would impose a charge for the keeping of any motor vehicle which exceeds 1 per cent of the value which might reasonably be expected to be received if the motor vehicle in question were to be sold on the open market at the time that the charge is imposed. (3) In order to calculate the limit referred to in subsection (2) above, no scheme imposing a charge on any class of motor vehicle pursuant to section 228 may be made unless the charging body in question has first conducted research over at least three months into the likely values which could be received on the sale of such class of motor vehicle. (4) The results of the research conducted pursuant to subsection (3) above shall be available at no charge to members of the public and published electronically by the charging body in a form capable of access by members of the public.")	Purpose of road user charging.
301	Insert the following new Clause--
	(" .--(1) No scheme may be established pursuant to section 228 unless research has been conducted into the likely impact of such regulations on the patterns of road usage (including usage of roads other than the road or roads in question, whether within the local authority area covered by the proposed scheme or not) and the consequent likely effect upon the environment and the quality of life of the residents of any area. (2) The results of the research conducted pursuant to subsection (1) above shall be available at no charge to members of the public and published electronically by the charging body in a form capable of access by members of the public.")	Research on road user charging.
	Schedule 18
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
302	Page 250, line 5, leave out paragraph 3 and insert-- ("3.--(1) A charging scheme may be made by the appropriate charging authority only if it appears necessary for the purposes of-- (a) relieving or preventing congestion of traffic on such roads or in the surrounding area, or (b) securing the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians and cyclists) on such roads or in the surrounding area. (2) If the Authority reasonably considers that a charging scheme needs to be introduced by a London borough or boroughs-- (a) because the objectives of the transport strategy cannot otherwise be achieved within the periods specified therein, (b) to achieve the objectives of any charging scheme introduced by the Authority, or (c) to achieve the objectives of any other London borough in introducing or proposing to introduce a charging scheme, the Authority may invite such London borough or boroughs to introduce a charging scheme for that purpose. (3) If any London borough in question shall fail to introduce a suitable charging scheme within a reasonable period the Authority may, following a resolution of the Assembly to that effect, impose such a charging scheme provided that it shall have no power to do so if such charging scheme would conflict with the local implementation plan of that London borough or otherwise have an adverse effect on the provision of public transport or management of traffic or movement of pedestrians and cyclists within Greater London.")
	BY THE BARONESS MILLER OF HENDON THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH
302A*	Page 250, line 7, at end insert-- ("provided always that the Secretary of State shall first have received and published a report from an independent economist on the likely effect on business activity in the area of-- (a) the fact of the proposed scheme, and (b) the proposed means of implementing it, and satisfied himself that there is unlikely to be a significant adverse effect.")
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
303	Page 250, line 11, leave out from ("to") to end of line 12 and insert ("the Authority who shall confirm the same unless it-- (i) reasonably considers the charging scheme does not comply with paragraph 5 below, or (ii) is likely to have an adverse effect on the provision of public transport or management of traffic or movement of pedestrians and cyclists on any GLA or trunk road or within any other London borough or Greater London as a whole, in which event it may require the authority concerned to make such modifications to the charging scheme as will meet such objections before it is confirmed.")
304	Page 250, leave out lines 15 to 17 and insert-- ("(3) Before the introduction of any charging scheme or any material changes to any charging scheme the Authority shall-- (a) consult, or require the authority making a charging scheme to consult-- (i) such organisations representative of users and potential users of transport, motorists, pedestrians, cyclists and disabled persons as the authority concerned reasonably considers appropriate, (ii) any businesses likely to be affected by the charging scheme, and (iii) the emergency services;")
	BY THE BARONESS MILLER OF HENDON THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH
304A*	Page 250, line 29, leave out ("be in conformity with") and insert ("have regard to")
304B*	Page 250, line 36, leave out ("or require")
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
305	Page 251, line 5, at end insert ("; and (e) specify the objectives the charging scheme is intended to achieve (in this Schedule "the specified objectives").")
	BY THE BARONESS MILLER OF HENDON THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH
305A*	Page 251, line 10, leave out from ("determine") to end of line 11
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
306	Page 251, line 43, leave out from ("regard") to second ("the") in line 44 and insert ("shall only be had to the minimum charge reasonably necessary to secure the specified objectives of the scheme or, if higher, the reasonable costs of implementing")
307	Page 252, line 2, after ("scheme") insert ("shall make provision for exemptions from charge in respect of-- ( ) disabled persons, ( ) motor vehicles taking children of under secondary school age to school or school functions, ( ) school buses on school business, ( ) doctors and nurses when on duty or on call, ( ) emergency and hospital vehicles in the course of their duties, and ( ) motorbikes, and in other cases")
	BY THE LORD SWINFEN THE BARONESS DARCY DE KNAYTH THE BARONESS THOMAS OF WALLISWOOD
308	Page 252, line 6, at end insert-- ("( ) A charging scheme shall include an exemption scheme for disabled people and transport services for disabled people drawn up in consultation with organisations of disabled people.")
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
309	Page 252, line 11, at end insert ("but such penalty charges shall not be more than is reasonably necessary to secure the specified objectives of the scheme")
310	Page 252, line 20, leave out ("may") and insert ("shall")
311	Page 253, line 17, leave out from beginning to ("be") in line 19 and insert ("The net proceeds of any charging scheme shall")
	BY THE BARONESS MILLER OF HENDON THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH
311A*	Page 260, line 10, at end insert ("in respect of any Authority-wide scheme")
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
312	Page 261, line 4, at end insert--
	("Measures preceding charging schemes
	39. Notwithstanding any other provision in this Schedule, in order to facilitate a reduction in private road usage and thereby improve the environment of Greater London, no charging scheme shall come into operation, and no variation of an existing charging scheme shall take effect, unless and until-- (a) the authority proposing to make or vary that charging scheme provides a projection, derived on reasonable grounds, supported by objective evidence, and verified by independent experts, of the likely reduction in private traffic in the charging area (measured in terms of persons travelling, and volume of goods conveyed, at particular times) which will occur as a result of the introduction or variation of such a charging scheme; (b) Transport for London has taken measures to ensure that the capacity of public transport services serving the charging area in question (measured in like terms) will have increased by an amount at least equal to that reduction in private traffic; and (c) the measures taken by Transport for London have come into effect before the introduction or variation of the charging scheme in queston, and for the avoidance of doubt no increase in the capacity of any public transport service may be counted for the purposes of this paragraph in respect of a particular charging scheme if it has already been counted in respect of another charging scheme or a licensing scheme within the meaning of Schedule 19 to this Act.")



© Parliamentary copyright 1999	Prepared 18 June 1999