| |
After Clause 218 | |
| |
BY THE LORD WHITTY | |
| 297F |
Insert the following new Clause-- | |
| | (" .--(1) Section 39 of the Road Traffic Act 1988 (powers of Secretary of State and local authorities as to giving road safety information and training) shall be amended as follows.
(2) For subsection (2) (duty of local authority to prepare and carry out measures to promote road safety etc) there shall be substituted--
(2) Each relevant authority--
(a) if it is a local authority, must prepare and carry out a programme of measures designed to promote road safety, or
(b) if it is Transport for London, may prepare and carry out such a programme,
and may contribute towards the cost of measures for promoting road safety taken by other authorities or bodies."
(3) In subsection (3) (duty of local authority to carry out and act upon studies into accidents arising out of the use of vehicles on roads in their area, other than trunk roads) for the words preceding paragraph (a) there shall be substituted "Each relevant authority--".
(4) In paragraph (a) of that subsection (the duty to carry out the studies)--
(a) after "use of vehicles" there shall be inserted--
(i) if it is a local authority,";
(b) after "other than" there shall be inserted "GLA roads or"; and
(c) at the end there shall be added "or
(ii) if it is Transport for London, on GLA roads or parts of GLA roads,".
(5) After subsection (3) there shall be inserted--
(3A) The duties imposed by subsection (3) above are without prejudice to the generality of subsection (2) above and--
(a) in the case of a local authority, are to be discharged in pursuance of their duty under subsection (2)(a) above; and
(b) in the case of Transport for London, are to be discharged by exercising their powers under subsection (2)(b) above."
(6) In subsection (4) (definitions) the following definitions shall be inserted at the appropriate places-- | Road safety information and training.
1988 c. 52. |
| | GLA road" has the same meaning as in the Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);";
relevant authority" means a local authority or Transport for London;".")
| 1980 c. 66. |
| 297G |
Insert the following new Clause-- | |
| | (" .--(1) In section 1 of the Road Traffic Reduction Act 1997 (interpretation) the following definitions shall be inserted at the appropriate places--
local implementation plan", in relation to a London council, means the plan prepared by the council under section 127 of the Greater London Authority Act 1999;";
London council" means a London borough council or the Common Council of the City of London;";
the Mayor of London's transport strategy" means the transport strategy prepared and published under section 124 of the Greater London Authority Act 1999;".
(2) Section 2 of that Act (duty of principal councils to make reports) shall be amended as follows.
(3) In subsection (3) (information or proposals which relate to levels of local road traffic and are required by guidance under subsection (6)) in paragraph (b), after "guidance under subsection (6)" there shall be inserted "or (in the case of a report prepared by a London council) directions under subsection (6A)".
(4) After subsection (4), there shall be inserted--
(4A) A report under this section prepared by a London council must take account of the Mayor of London's transport strategy and the council's local implementation plan; and--
(a) any targets specified in such a report pursuant to subsection (2), and
(b) any proposals contained in such a report pursuant to subsection (3),
must be in conformity with that strategy and that plan."
(5) After subsection (6) there shall be inserted--
(6A) The Mayor of London may give directions or issue guidance to London councils in relation to any matter in relation to which the Secretary of State may issue guidance under subsection (6).
(6B) The Mayor of London must not give any direction or issue any guidance under subsection (6A) which conflicts with guidance under subsection (6).
(6C) A London council preparing a report under this section--
(a) shall comply with any directions given under subsection (6A), and
(b) shall have regard to any guidance issued under that subsection."
(6) In subsection (7)(a) (report to be sent to the Secretary of State) after "Secretary of State" there shall be inserted "and, if the council is a London council, send a copy of the report to the Mayor of London".") | The Road Traffic Reduction Act 1997.
1997 c. 54. |
| |
Before Clause 219 | |
| |
BY THE LORD WHITTY | |
| 297H |
Insert the following new Clause-- | |
| | (" .--(1) Section 45 of the Road Traffic Regulation Act 1984 (designation of paying parking places on highways) shall be amended as follows.
(2) In subsection (1), in the second paragraph (which requires a local authority outside Greater London which is not the traffic authority to obtain the consent of the traffic authority to any designation) the words "outside Greater London" shall cease to have effect.
(3) After subsection (1) there shall be inserted--
(1A) Transport for London may not by virtue of subsection (1) above designate parking places on any highway which is not a GLA road."
(4) In subsection (7), in the definition of "local authority", at the end of paragraph (a) there shall be added "or Transport for London".
(5) In subsection (7), in the definition of "the local authority", after the words "in whose area the site is" there shall be added "unless the site is in Greater London, in which case--
(i) if the site is on a GLA road and the parking place is, or is proposed to be, designated by Transport for London, "the local authority" means Transport for London;
(ii) if the site is on a GLA road and the parking place is, or is proposed to be, designated by the London local authority in whose area the site is, "the local authority" means that London local authority; and
(iii) if the site is on a highway which is not a GLA road, "the local authority" means the London local authority in whose area the site is."
(6) After subsection (7) there shall be added--
| Designation of paying parking places on highways.
1984 c. 27. |
| | GLA road" has the same meaning as in the Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);
London local authority" means the council of a London borough or the Common Council of the City of London.
(9) For the purposes of this section and sections 46 to 55 of this Act, Transport for London's area shall be taken to be Greater London.") | 1980 c. 66. |
| 297HA |
Insert the following new Clause-- | |
| | (" .--(1) Section 55 of the Road Traffic Regulation Act 1984 (financial provisions relating to designation orders) shall be amended as follows.
(2) In subsection (1)(a) (accounts in respect of parking places on the highway in the case of London borough councils and the Common Council) after "in the case of" there shall be inserted "Transport for London,".
(3) In subsection (3A) (London borough councils and Common Council to report to Secretary of State on action taken with respect to deficit or surplus on their parking account)--
(a) at the beginning there shall be inserted "Transport for London,"; and
(b) for "Secretary of State" there shall be substituted "Mayor of London".
(4) In subsection (4) (purposes for which a surplus on a local authority's parking account may be applied) the word "and" immediately preceding paragraph (d) shall be omitted and after that paragraph there shall be added--
(e) in the case of a London authority, meeting all or any part of the cost of the doing by the authority in their area of anything--
(i) which facilitates the implementation of the London transport strategy, and
(ii) which is for the time being specified in that strategy as a purpose for which a surplus may be applied by virtue of this paragraph;
(f) in the case of a London authority, the making to any other London authority of contributions towards the cost of the doing by that other authority of anything towards the doing of which in its own area the authority making the contribution has power--
(i) to apply any surplus on the account required to be kept under subsection (1) above; or
(ii) to incur expenditure required to be brought into that account."
(5) At the end of the section there shall be added-- | Financial provisions relating to parking places on the highway.
1984 c. 27. |
| | (8) For the purpose of enabling Transport for London and any other London authorities to discharge jointly any functions conferred by virtue of subsection (4)(f) above by a joint committee established under section 101(5) of the Local Government Act 1972, sections 101(5) and 102 of that Act shall have effect as if Transport for London were a local authority.
(9) In the application of this section in relation to Transport for London, any reference to its general fund shall be taken as a reference to the financial reserves for which provision is made under section 70(2)(c) of the Greater London Authority Act 1999 in calculating Transport for London's component budget for the financial year in question.
London authority" means Transport for London, a London borough council or the Common Council of the City of London;
the London transport strategy" means the transport strategy prepared and published under section 124 of the Greater London Authority Act 1999.")
| 1972 c. 70. |
| 297J |
Insert the following new Clause-- | |
| | (" .--(1) Section 73 of the Road Traffic Act 1991 (appointment of parking adjudicators by joint committee of London authorities) shall be amended as follows.
(2) For subsection (1) (London authorities to establish a joint committee within two months of issue of first guidance under section 63 of that Act) there shall be substituted-- | Appointment of parking adjudicators by joint committee.
1991 c. 40. |
| | (1) The London local authorities and Transport for London (in this section referred to as "the appointing authorities") shall establish a single joint committee under section 101(5) of the Local Government Act 1972 ("the Joint Committee") before 4th September 2000 or such later date as the Secretary of State may by order specify. | 1972 c. 70. |
| | (1A) For the purposes of subsection (1) above, sections 101(5) and 102 of the Local Government Act 1972 shall have effect as if Transport for London were a local authority."
(3) In subsection (2) (functions of London authorities under sections 73 and 74 to be exercised by the Joint Committee) the words "and section 74 of this Act" shall cease to have effect.
(4) For the words "London authorities", wherever occurring, there shall be substituted "appointing authorities".") | 1972 c. 70. |
| |
Clause 219 | |
| |
BY THE LORD WHITTY | |
| 297K |
Page 119, line 37, leave out subsection (1) | |
| |
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD | |
| 297L |
Page 119, line 44, after ("of") insert ("the Authority, through") | |
| |
BY THE LORD WHITTY | |
| 297M |
Page 120, line 4, at end insert--
("(1A) Before setting the level of any charges under subsection (1) above, Transport for London must consult the London local authorities.") | |
| |
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD | |
| 297N |
Page 120, line 7, leave out ("Transport for London and") | |
| |
BY THE LORD WHITTY | |
| 297P |
Page 120, line 8, leave out ("Secretary of State") and insert ("Mayor of London") | |
| |
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD | |
| 297Q |
Page 120, line 8, leave out ("Secretary of State") and insert ("London Mayor and Assembly") | |
| 297R |
Page 120, line 12, leave out ("Transport for London or, as the case may be") | |
| |
BY THE LORD WHITTY | |
| 297S |
Page 120, line 15, leave out ("Secretary of State") and insert ("Mayor of London") | |
| |
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD | |
| 297T |
Page 120, line 15, leave out ("Secretary of State") and insert ("London Mayor and Assembly") | |
| 297U |
Page 120, line 16, after ("by") insert ("Transport for London or, as the case may be") | |
| |
BY THE LORD WHITTY | |
| 297V |
Page 120, line 20, leave out from first ("by") to end of line 21 and insert ("order made by the Mayor of London.") | |
| |
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD | |
| 297W |
Page 120, leave out line 21 and insert ("London Mayor and Assembly") | |
| |
BY THE LORD WHITTY | |
| 297X |
Page 120, line 21, at end insert--
("(4A) Levels of additional parking charges set in accordance with this section may only come into force in accordance with section 74A below.") | |
| |
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD | |
| 297Y |
Page 120, line 22, after ("of") insert ("the Authority, through") | |
| 297XA |
Page 120, line 26, at beginning insert ("The Authority, through") | |
| |
BY THE LORD WHITTY | |
| 297XB |
Page 120, leave out line 29 and insert ("have been set in accordance with the provisions of this section.") | |
| 297XC |
Page 120, line 31, after ("section") insert ("or section 74A below") | |
| 297XD |
Page 120, line 35, at end insert ("or section 74A below") | |
| 297XE |
Page 120, line 35, at end insert-- | |
| | ("(8A) Section 122 of the Road Traffic Regulation Act 1984 (exercise of functions by local authorities) shall apply in relation to--
(a) Transport for London,
(b) the London local authorities, and
and functions conferred on them by or under this section as it applies to local authorities and functions conferred on them by or under that Act.") | 1984 c. 27. |
| 297XF |
Page 120, line 42, at end insert-- | |
| | ("Additional parking charges: reserve powers of Secretary of State. |
74A.--(1) Where the Mayor of London--
(a) on a submission under subsection (3) of section 74 above, approves any levels of additional parking charges, or
(b) sets any such levels under subsection (4) of that section, | |
| | he shall notify the Secretary of State of the levels of charges so approved or set. | |
| | | (2) Where notification of any levels of charges is required to be given under subsection (1) above, the levels of charges shall not come into force until after the expiration of--
(a) the period of one month beginning with the day on which the notification is given, or
(b) such shorter period as the Secretary of State may allow.
(3) If, before the expiration of that period, the Secretary of State gives notice to the Mayor of London that he objects to the levels of charges on the grounds that some or all of them are or may be excessive, those levels of charges shall not come into force unless and until the objection has been withdrawn.
(4) If, at any time before the levels of charges required to be notified under subsection (1) above to the Secretary of State have come into force, the Secretary of State considers that some or all of them are excessive, he may make regulations setting the levels of charges.
(5) Levels of charges set under subsection (4) above must be no higher than those notified under subsection (1) above.
(6) Subsections (5) and (6) of section 74 above shall apply in relation to levels of charges set under subsection (4) above as if those levels of charges had been set in accordance with the provisions of that section--
(a) by Transport for London, so far as relating to GLA roads or trunk roads, or
(b) by the London local authorities, so far as relating to other roads.
(7) Regulations under subsection (4) above are without prejudice to the duties imposed on Transport for London and the London local authorities by section 74(1) above; but where the Secretary of State makes any such regulations--
(a) Transport for London, if the regulations relate to GLA roads or trunk roads, or
(b) the London local authorities, if the regulations relate to other roads,
must not make any further submission to the Mayor of London under section 74(3) above until after the expiration of the period of twelve months beginning with the day on which the regulations are made.") | |
