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 149
	BY THE LORD WHITTY
268E	Page 79, line 31, at end insert-- ("except where Transport for London proposes that a service replacing the London local service in question and equivalent to it will be provided (whether by Transport for London or any of its subsidiaries, or pursuant to a London local service agreement).")
268F	Page 79, line 34, leave out ("local") and insert ("London")
	BY THE LORD SWINFEN THE BARONESS DARCY DE KNAYTH THE BARONESS THOMAS OF WALLISWOOD
269	Page 79, line 35, after ("Committee,") insert-- ("( ) organisations of disabled and older people,")
	BY THE LORD WHITTY
269A	Page 79, line 38, leave out ("local") and insert ("London")
269B	Page 79, line 39, leave out ("local") and insert ("the London")
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
270	Page 79, line 40, at end insert ("or any local service which is provided or procured in whole, or in part, by a London borough council or a London health authority")
	Clause 150
	BY THE LORD SWINFEN THE BARONESS DARCY DE KNAYTH THE LORD MORRIS OF MANCHESTER THE BARONESS THOMAS OF WALLISWOOD
271	Page 80, line 7, at end insert-- ("( ) In preparing or revising the guidance document the Mayor shall consult-- (a) the commissioner or commissioners of police affected; (b) the London borough councils and the Common Council of the City of London; (c) the London Transport Users' Committee; (d) organisations of disabled and older people; and (e) any other person whom Transport for London considers it appropriate for the Mayor to consult.")
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
272	Page 80, line 9, at end insert-- ("(5) This section and section 145 above shall not apply to any London local service (whether proposed as a service to which either a London local service agreement or a London service permit would otherwise apply) which satisfies any of the conditions in subsection (6) below. (6) The conditions referred to in subsection (5) above are-- (a) the proportion of the route, measured in terms of distance travelled by a bus comprising part of the service, which falls within the area of Greater London does not exceed one half of the total; or (b) the proportion of the stopping places served by the route which fall within the area of Greater London does not exceed one half of the total; or (c) the proportion of passengers in aggregate using the service over a three month period who alight without entering the area of Greater London, or if they enter the area of Greater London neither board nor alight from the service within the area of Greater London, does not exceed, or can be demonstrated with reasonable certainty not to exceed, one half of the total. (7) Where a prospective operator of a London local service has reasonable grounds for believing that the test under subsection (6)(c) would be satisfied in regard to that proposed London local service, he may apply for a London service permit of three months duration in order to demonstrate that such test is capable of satisfaction, such permit to commence after the applicant has been given a reasonable period of time to advertise the introduction of the service and if, during that three month period, that test is satisfied, no other London service permit shall be required in respect of that service.")
	Clause 151
	BY THE LORD WHITTY
272A	Page 80, line 25, leave out ("local") and insert ("London")
	BY THE LORD SWINFEN THE BARONESS DARCY DE KNAYTH THE BARONESS THOMAS OF WALLISWOOD
273	Page 80, line 27, after ("Committee,") insert-- ("( ) organisations of disabled and older people,")
	BY THE LORD WHITTY
273A	Page 80, line 32, leave out ("local") and insert ("London")
273B	Page 80, line 34, leave out ("local") and insert ("London")
273C	Page 80, line 35, leave out ("local") and insert ("London")
	Clause 152
	BY THE LORD WHITTY
273D	Page 81, line 2, leave out ("refusal") and insert ("decision to do so")
273E	Page 81, line 5, leave out ("against the refusal")
273F	Page 81, line 5, at end insert ("against the decision in relation to which the notice was issued.")
273G	Page 81, line 5, at end insert-- ("(2A) Where Transport for London-- (a) attaches any condition to a London service permit, or alters or removes any condition so attached; or (b) revokes or suspends a London service permit, it must issue a notice to the holder of the permit stating the reasons for the decision to do so. (2B) A holder of a London service permit to whom a notice has been issued under subsection (2A) above may appeal to the Mayor against the decision in relation to which the notice was issued. (2C) An appeal under this section against a decision of Transport for London must be made before the end of the period of 28 days beginning with the date of issue of the notice relating to the decision.")
273H	Page 81, line 11, at end insert-- ("(3A) The Mayor may charge a person making an appeal under this section such reasonable fee as the Mayor considers appropriate having regard to any expenses incurred or likely to be incurred by the Mayor in respect of the appeal.")
273J	Page 81, line 16, at end insert (", or ( ) a director of a subsidiary of Transport for London or a member of staff of such a subsidiary.")
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
274	Page 81, line 16, at end insert (", or (d) 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")
	BY THE LORD WHITTY
274A	Page 81, line 20, leave out from beginning to ("requests") in line 21 and insert ("making the appeal")
274B	Page 81, line 25, at end insert-- ("( ) A recommendation under subsection (7) above may include a recommendation that Transport for London pay to the person who made the appeal a sum equivalent to all or part of any fee paid to the Mayor by virtue of subsection (3A) above.")
274C	Transpose Clause 152 to after Clause 155
	Clause 153
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
275	Page 81, line 30, at end insert ("provided that no condition shall be operated if it contains or requires features which are neither essential nor reasonably incidental to the purpose of providing a safe, economic and efficient bus service for passengers")
276	Page 82, line 18, at end insert ("or that the condition in question contains or requires features which are neither essential nor reasonably incidental to the purpose of providing a safe, economic and efficient bus service for passengers")
	Clause 154
	BY THE LORD WHITTY
276A	Page 82, line 22, leave out from beginning to ("is") in line 25 and insert ("an application has been made for the grant of a new London service permit in substitution for it and-- (a) Transport for London has neither granted nor refused to grant the London service permit applied for, (b) Transport for London has refused to grant the London service permit applied for but an appeal against the refusal has been made under section 152 above and not disposed of, or (c) Transport for London has granted the London service permit applied for but an appeal against a decision to attach a condition to the permit has been made under section 152 above and not disposed of, subsection (2A) below shall apply. (2A) Where this subsection applies, the existing London service permit shall continue in force-- (a) in a case falling within subsection (2)(a) above, until Transport for London grants or refuses to grant the London service permit applied for, or (b) in a case falling within subsection (2)(b) or (c) above, until the appeal has been disposed of. (2B) Where subsection (2A)(a) above applies, if Transport for London-- (a) refuses to grant the London service permit applied for, or (b) grants the London service permit applied for but at the time of the grant attaches any condition to the permit, the existing London service permit shall continue in force until any appeal which is made under section 152 above against the decision in question has been disposed of. (3) This section")
276B	Transpose Clause 154 to after Clause 155
	Clause 155
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
277	Page 82, line 28, at end insert ("provided that the contravention in question does not relate to matters which are neither essential nor reasonably incidental to the purpose of providing a safe, economic and efficient bus service for passengers")
	BY THE LORD WHITTY
277A	Page 82, line 33, after ("be") insert ("revoked or")
277B	Page 82, line 36, leave out ("local") and insert ("London")
	Clause 156
	BY THE LORD WHITTY
277C	Page 83, line 3, leave out paragraph (a) and insert-- ("(a) each London authority,")
	Clause 157
	BY THE LORD WHITTY
277D	Page 83, line 22, leave out from ("document") to end of line 24
277E	Page 83, line 26, leave out from ("revised") to end of line 27
277F	Page 83, line 27, at end insert-- ("( ) In this Act, references to the guidance document include, except where the context otherwise requires, a reference to the guidance document as revised.")
277G	Page 83, line 31, at end insert-- ("( ) A copy of the guidance document shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours. ( ) A copy of the guidance document, or any part of it, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine. ( ) In this section "the appropriate period" in the case of the guidance document is the period of six years beginning with the date of publication of that document pursuant to this section.")
	Clause 160
	BY THE LORD WHITTY
277H	Page 84, line 22, at end insert-- (""the guidance document" shall be construed in accordance with section 150(2) above,")
277J	Page 84, line 22, at end insert-- ("London authority" shall be construed in accordance with section 148(6) above,")
	Clause 161
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
278	Page 85, line 18, after ("London") insert ("and he can demonstrate that the benefit for railway passengers travelling inside or through Greater London is less than such adverse effect")
279	Page 85, line 21, at end insert ("and he can demonstrate that the benefits for railway passengers travelling inside or through Greater London do not justify such increased payments")
	After Clause 166
	BY THE LORD WHITTY
279A	Insert the following new Clause--
	(" .--(1) For the purposes of this section, the services which are "reserved services" are those whose provision by a person would involve that person in performing or securing the performance, for the purposes of any TfL passenger rail service, of-- (a) any station-operating function; or (b) any train-operating function. (2) Transport for London shall not, without the consent of the Secretary of State, enter into or carry out any agreement under which an outside contractor is to provide or secure the provision of a reserved service for Transport for London or a subsidiary of Transport for London. (3) Where a company which is a subsidiary of Transport for London provides or is to provide, or secures or is to secure the provision of, a reserved service for Transport for London or a subsidiary of Transport for London, Transport for London shall not, without the consent of the Secretary of State, enter into any transaction or series of transactions the result of which would be that the company-- (a) would cease to be a subsidiary of Transport for London; but (b) would nevertheless provide or continue to provide, or secure or continue to secure the provision of, the reserved service. (4) Nothing in this section applies in relation to a contract of employment between an individual and Transport for London or a subsidiary of Transport for London. (5) The Secretary of State may by order provide exceptions from subsection (2) or (3) above. (6) Any consent of the Secretary of State under this section must be in writing and-- (a) may be given in relation to any particular transaction or description of transactions; and (b) may be given subject to conditions. (7) For the purposes of this section-- station-operating function" means any of the following functions-- (a) the sale or collection of tickets at stations; (b) the inspection of tickets, or the imposing of penalty fares, at or in the vicinity of a station, but otherwise than on a train; (c) the making of oral public announcements at stations; (d) the provision of information orally to members of the public at stations, otherwise than by means of public announcements; (e) any duties of staff employed on platforms at stations; (f) any duties of staff employed at a place from which the operation of the whole or part of a station is controlled (whether or not the operation of trains is also controlled from that place); (g) any other function involved in the management or operation of a station; train-operating function" means-- (a) the driving of passenger trains otherwise than within a depot; (b) any duties of guards on passenger trains; (c) the sale, collection or inspection of tickets, or the imposing of penalty fares, on passenger trains; (d) the operation of signals for controlling the movement of passenger trains otherwise than within a depot; (e) the exercise of control over the movement of passenger trains otherwise than within a depot; or (f) any other function involved in the operation of passenger trains otherwise than within a depot. (8) In this section-- contract of employment" means any contract of service or apprenticeship; outside contractor" means a person other than Transport for London or a subsidiary of Transport for London; passenger train" means a train which is being, has just been, or is about to be, used for the provision of a TfL passenger rail service; premises" includes any land, building or structure;	Restrictions on contracting out certain services.
	railway" has the meaning given in section 67(1) of the Transport and Works Act 1992; reserved service" shall be construed in accordance with subsection (1) above; station" means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes; TfL passenger rail service" means any public service for the carriage of passengers by railway which is under the control of Transport for London or a subsidiary of Transport for London; ticket" includes any other authority to travel or to be present in a part of a station where such an authority is required. (9) The Secretary of State may by order amend this section for the purpose of varying the meaning in this section of any of the following expressions-- (a) train-operating function"; (b) station-operating function"; (c) outside contractor"; or (d) TfL passenger rail service".")	1992 c. 42.



© Parliamentary copyright 1999	Prepared 22 June 1999