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

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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
 
297XB*     Page 120, leave out line 29 and insert ("have been set in accordance with the provisions of this section.") 
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
 
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
    (c)  the Mayor of London,
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.")
 
  
After Clause 220
 
  
BY THE LORD WHITTY
 
297XG*     Insert the following new Clause-- 
     (" . After section 76 of the Road Traffic Act 1991 (special parking areas) there shall be inserted--Variation of special parking areas by the Mayor.
1991 c. 40.
 Variation of special parking areas by Mayor of London.     76A.--(1) At any time when an order under section 76 above designating the whole or any part of a London authority's area as a special parking area is in force, the Mayor of London may by order under this subsection amend the order so as to vary the area which for the time being constitutes the special parking area.
 
    (2)  No order may be made under subsection (1) above without the consent of every London local authority which is the traffic authority for a road which the order has the effect of bringing within, or removing from, the special parking area concerned.
 
    (3)  An order under subsection (1) above must not be such as to bring within a special parking area--
    (a)  any area specified in an order under this paragraph made by the Secretary of State; or
    (b)  the whole or any part of a Royal Park, except with the consent of the Secretary of State.
    (4)  No area may be specified in an order under subsection (3)(a) above unless the Secretary of State is satisfied that it is expedient, on grounds of national security, that no part of that area should be included in a special parking area.
 
      (5)  In this section "Royal Park" means any park to which the Parks Regulation Act 1872 applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926).")1872 c. 15.
1926 c. 36.
  
Clause 221
 
  
BY THE LORD WHITTY
 
297XH*     Page 121, line 32, at end insert-- 
 
    ("""Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975;".")
1975 c. 26.
297XJ*     Page 121, line 40, at end insert--
 
    ("(5)  In subsection (6) (power to make orders or regulations to be exercisable by statutory instrument) after "conferred by this Part" there shall be inserted "on a Minister of the Crown".
 
  
Clause 223
 
  
BY THE LORD WHITTY
 
297XK*     Page 122, line 37, leave out ("the Greater London Authority") and insert ("Transport for London") 
297XL*     Page 122, line 38, at end insert--
 
    ("(  )  After subsection (5), there shall be inserted--
        (6)  For the purposes of this section, the area of Transport for London is Greater London."
 
  
After Clause 223
 
  
BY THE LORD WHITTY
 
297XM*     Insert the following new Clause-- 
     (".--(1) Section 95 of the Road Traffic Regulation Act 1984 (appointment of traffic wardens) shall be amended as follows.
 
    (2)  After subsection (4) (which confers power to employ traffic wardens to act as parking attendants at certain street parking places) there shall be inserted--
        (4A)  For the purposes of subsection (4) above, Transport for London is a local authority."")
Exercise by traffic wardens of functions of parking attendants.
1984 c. 27.
  
Clause 225
 
     The Lord Whitty gives notice of his intention to oppose the Question that Clause 225 stand part of the Bill. 
  
Clause 226
 
  
BY THE LORD WHITTY
 
297XN*     Page 125, line 8, leave out ("definition") and insert ("definitions") 
297XP*     Page 125, line 9, leave out ("place") and insert ("places") 
297XQ*     Page 125, line 11, at end insert-- 
 
    ("""trunk road" has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act)".")
1980 c. 66.
  
Clause 227
 
  
BY THE LORD WHITTY
 
297XR*     Page 125, line 39, leave out from beginning to ("shall") in line 41 and insert ("In subsections (6) and (7) below "relevant local plans" means any local plans prepared or in the course of preparation by a London borough council or the Common Council under section 54 of the Road Traffic Act 1991.1991 c. 40.
     (6)  To the extent that they relate to roads which are or become GLA roads, within the meaning of the Highways Act 1980, any relevant local plans shall, until such time as they are superseded by the transport strategy, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as part of that strategy.
 
    (7)  To the extent that they relate to roads other than those mentioned in subsection (6) above, any relevant local plans")
1980 c. 66.
  
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.
 
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