Greater London Authority Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 150
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
270A     Page 80, line 3, leave out ("prepare and adopt") and insert ("consult the Assembly before preparing and adopting") 
270B     Page 80, line 6, leave out from ("and") to end of line 7 and insert ("shall consult the Assembly before making any revisions.") 
  
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") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
273AA     Page 80, line 32, after ("affected") insert (", the London Transport Users' Committee") 
  
BY THE LORD WHITTY
 
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.") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
273FA     Page 81, line 5, at end insert ("or, if the Mayor is a member of Transport for London, to the Assembly") 
  
BY THE LORD WHITTY
 
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.")
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
273GA     Page 81, line 6, after ("Mayor") insert ("or Assembly") 
273GB     Page 81, line 6, leave out ("he") and insert ("the Mayor or Assembly") 
273GC     Page 81, line 8, leave out ("he") and insert ("the Mayor or Assembly") 
273GD     Page 81, line 10, leave out ("him") and insert ("the Mayor or Assembly") 
  
BY THE LORD WHITTY
 
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.")
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
273HA     Page 81, line 13, at end insert--
    ("(  )  the Mayor,")
 
  
BY THE LORD WHITTY
 
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") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
275A     Page 81, line 41, at end insert ("other than a requirement to provide concessionary fares to particular groups of people") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
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 BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
277JA*     Page 85, line 3, after ("may") insert (", after consultation with the London Transport Users' Committee,") 
  
BY THE LORD WHITTY
 
277K     Page 85, line 3, after ("give") insert ("instructions or") 
277L     Page 85, line 5, after ("giving") insert ("instructions or") 
277M     Page 85, line 6, after ("the") insert ("instructions or") 
277N     Page 85, line 8, leave out ("so as") and insert ("in the manner best calculated") 
277P     Page 85, line 9, after ("any") insert ("instructions or") 
277Q     Page 85, line 11, after ("any") insert ("instructions or") 
277R     Page 85, line 12, at end insert ("implementing the instructions or guidance will") 
277S     Page 85, line 13, leave out ("the guidance conflicts") and insert ("prevent or seriously hinder him from complying") 
277T     Page 85, line 16, leave out ("implementing the guidance will") 
  
BY THE LORD BERKELEY
 
277U     Page 85, line 17, after ("passengers") insert ("and freight") 
  
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") 
  
BY THE LORD WHITTY
 
278A     Page 85, line 19, leave out ("implementing the guidance will") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
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") 
  
BY THE LORD WHITTY
 
279UA     Page 85, line 22, after ("any") insert ("instructions or") 
279VA     Page 85, line 25, after ("which") insert ("instructions or") 
279WA     Page 85, line 26, leave out ("5(1)") and insert ("5(1)(a)") 
 
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Prepared 25 June 1999