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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	After Clause 161
	BY THE LORD WHITTY
279XA	Insert the following new Clause--
	(" .--(1) The Franchising Director shall from time to time consult the Mayor as to-- (a) the general level and structure of the fares to be charged for the carriage of passengers by railway on services to which this section applies; and (b) the general level of the provision to be made for such services. (2) The services to which this section applies are services to, from or within Greater London-- (a) which are, or are to be, provided under franchise agreements; or	Franchising Director to consult Mayor as to fares, services etc.
	(b) whose provision the Franchising Director is under a duty to secure, by virtue of section 30, 37 or 38 of the Railways Act 1993 (which relate to the failure to secure a subsequent franchise agreement and the proposed discontinuance of services).")	1993 c. 43.
	After Clause 163
	BY THE LORD WHITTY
279YA	Insert the following new Clause--
	(" .--(1) Transport for London may not by virtue of any provision of this Act or any other enactment enter into or carry out any agreement with respect to the provision or retention, or financing, of public passenger transport services if the agreement-- (a) is one which involves the holding of a passenger licence; and (b) is not an excepted agreement.	Transport for London: contracts requiring passenger licences.
	(2) An agreement "involves the holding of a passenger licence" for the purposes of this section if it involves the doing by any person, whether or not a party to the agreement, of anything which, by virtue of section 6 of the Railways Act 1993 (prohibition on unauthorised operators of railway assets), that person may not do without the authorisation of a passenger licence. (3) An agreement is an "excepted agreement" for the purposes of this section if it is-- (a) an agreement with the Franchising Director; or (b) an agreement under section (Provision of extra passenger transport services and facilities) above, other than one falling within subsection (4) below. (4) An agreement falls within this subsection if, in pursuance of the agreement, Transport for London or a subsidiary of Transport for London is to enter into a further agreement which involves the holding of a passenger licence.	1993 c. 43.
	(5) Expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part.")	1993 c. 43.
	After Clause 165
	BY THE LORD WHITTY
279YAA*	Insert the following new Clause--
	(" .--(1) The Railways Act 1993 shall have effect as if any railway passenger services provided under or by virtue of this Act by Transport for London or a subsidiary of Transport for London (in relation to which section 37 of that Act does not have effect, in consequence of amendments made by section 162 above) were designated by order under section 49(3) of that Act as railway passenger services in relation to which Schedule 5 to that Act (alternative closure procedure) is to have effect.	Procedure for closure of certain railway passenger services. 1993 c. 43.
	(2) Schedule 5 to the Railways Act 1993 shall be amended as follows. (3) After paragraph 5 there shall be inserted--	1993 c. 43.
	Qualifying services in and around Greater London
	5A.--(1) This paragraph applies to any qualifying services-- (a) which are provided by Transport for London or a subsidiary of Transport for London; or (b) which do not fall within paragraph (a) above but-- (i) are provided wholly within Greater London; and (ii) are services, or services of a class or description, designated in an order made by the Secretary of State as services in relation to which this paragraph is to apply; and in the following provisions of this paragraph any such services are referred to as "qualifying London services". (2) In the application of the other paragraphs of this Schedule in relation to qualifying London services, for any reference to the Secretary of State there shall be substituted a reference to the Mayor of London. (3) Where the Mayor of London has given consent under paragraph 3(2)(b) above in respect of services provided wholly or partly outside Greater London, any person aggrieved by the decision to give consent may refer that decision to the Secretary of State. (4) A referral under sub-paragraph (3) above shall be made by giving notice to the Secretary of State. (5) Any notice under sub-paragraph (4) above must be given not later than 4 weeks after the date of the decision referred. (6) On a reference under sub-paragraph (3) above, the Secretary of State may-- (a) confirm the decision to give consent; (b) in the case of a decision to give consent subject to conditions, confirm the decision to give consent but modify the conditions; or (c) substitute his decision for that of the Mayor of London. (7) Any person who refers a decision to the Secretary of State under sub-paragraph (3) above shall provide, with his notice under sub-paragraph (4) above, a statement of the reasons why he is aggrieved by the decision. (8) On disposing of any reference under sub-paragraph (3) above, the Secretary of State shall give notice of his decision to-- (a) the Mayor of London; (b) the appropriate consultative committee; (c) the operator concerned; and (d) the person who referred the decision to the Secretary of State under sub-paragraph (3) above (if not falling within paragraphs (a) to (c) above). (9) Before the expiration of the period of six weeks following the making of his decision on a reference under sub-paragraph (3) above, the Secretary of State shall publish notice of his decision-- (a) in two successive weeks in two local newspapers circulating in the area affected; and (b) in such other manner as appears to him appropriate."")
	After Clause 166
	BY THE LORD WHITTY
279ZA	Insert the following new Clause--
	(" .--(1) Section 130 of the Railways Act 1993 (penalty fares) shall be amended as follows. (2) After subsection (9) there shall be inserted-- (9A) Before making any regulations which have the effect of varying the amount, or the greatest amount, which a person within, or travelling to or from, Greater London may be charged by way of penalty fare, the Secretary of State must consult the Mayor of London.".")	Secretary of State to consult Mayor before changing amount of penalty fare. 1993 c. 43.
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 any of the following functions-- (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; (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.
	Clause 167
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
280	Page 88, line 17, at end insert-- ("(8) The Mayor, the Authority and Transport for London (each being for the purposes of this section a "competent body") shall have the overriding duty to involve a private enterprise in the discharge of their functions under this Part. (9) Before discharging any function under this Part, a competent body shall first consider whether that function may be discharged most efficiently by a private enterprise or private enterprises (whether with or without financial assistance or payment from the competent body), and preference over alternative courses of action shall be given wherever practicable to the discharge of functions through a private enterprise or private enterprises. (10) Where it appears to a competent body that the preference required by subsection (9) above is not practicable, that competent body shall next consider whether the function in question may be discharged through the mechanism of a joint venture with any private enterprise or private enterprises, and preference over alternative courses of action remaining shall be given wherever practicable to the discharge of that function through the medium of a PPP agreement or any other form of commercial contract or arrangement between the competent body and any private enterprise or private enterprises. (11) Where any competent body decides that either or both of the preferences required by subsections (9) and (10) above are not practicable it shall publish notice of the reasons for such decision in at least two newspapers circulating in the entire area of Greater London, and also publish such notice electronically in a form capable of access by members of the public. (12) In this section a "private enterprise" is any business (whether incorporated or not), organisation or association not owned by a public authority (including a competent body) or a company owned by a public authority.")
	Clause 181
	BY THE LORD WHITTY
280A	Page 97, line 5, leave out ("Act") and insert ("Chapter")
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
281	Page 97, line 8, at end insert-- ("( ) For the avoidance of doubt, in discharging those functions the PPP arbiter shall be acting as an expert and not as an arbitrator under the Arbitration Act 1953.")
	Clause 186
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
282	Page 99, line 20, at end insert ("provided always that where any PPP agreement requires, implies or presupposes that a relevant body will maintain a particular level of resources to ensure the performance of the agreement, then the PPP arbiter shall take no account of the fact that subsequent to the execution of the agreement the relevant body in question, or any relevant body, failed to maintain that level of resources")
283	Page 99, line 35, after ("to") insert ("give priority to the objective in subsection (3) above (efficiency and economy) and in making his decision the PPP arbiter shall")
	Clause 188
	BY THE LORD WHITTY
283A	Page 100, line 32, leave out paragraph (c) and insert-- ("(c) any person who has entered into arrangements falling within section 172(2)(b) above.")
283B	Page 100, line 36, leave out from ("to") to ("in") in line 37 and insert ("answer any question or produce any document which he would be entitled to refuse to answer or produce")
	Clause 192
	BY THE LORD WHITTY
283C	Page 102, line 1, at end insert-- (""PPP arbiter" shall be construed in accordance with section 181(1) above;")
	Before Clause 193
	BY THE BARONESS GARDNER OF PARKES
284	Insert the following new Clause-- (" . No agreement made under section 193 shall reduce provisions for concessionary fares that exist on the day before this Act comes into force.")
	Clause 193
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
285	Page 102, line 37, leave out from ("below,") to ("enter") in line 38 and insert ("each London authority (other than the Common Council) shall, either on its own account or jointly with any other local authority, and any local authority may, within six months of the establishment of Transport for London,")
	BY THE LORD SWINFEN THE BARONESS DARCY DE KNAYTH THE BARONESS THOMAS OF WALLISWOOD
286	Page 103, line 32, at end insert-- ("(5A) Each local authority shall, in consultation with organisations of disabled people, make and keep under review criteria as to what constitutes a disability or injury which seriously impairs a person's ability to walk, having regard to any guidance issued by a joint authority established to run the concessionary fare scheme. (5B) All criteria and guidance under subsection (5A) above shall be made available to the public.")
	BY THE LORD WHITTY
286A	Page 104, line 21, after (" 233") insert ("or 324")



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