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Clause 218 | |
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BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD
THE EARL OF CLANCARTY | |
| 472 |
Page 122, line 3, after ("use") insert ("public") | |
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Schedule 14 | |
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| 473 |
[Withdrawn] | |
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Clause 219 | |
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BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD
THE EARL OF CLANCARTY | |
| 474 |
Page 122, line 22, after ("to") insert ("public") | |
| 475 |
Page 122, line 43, leave out from ("highway") to end of line 44 and insert ("as users of public transport") | |
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Before Clause 225 | |
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BY THE LORD WHITTY | |
| 475A* |
Insert the following new Clause-- | |
| | (" . Transport for London may provide or secure the provision of such amenities and facilities as it considers would benefit persons using any waterway.") | Provision of facilities to benefit users of waterways. |
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After Clause 225 | |
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BY THE LORD WHITTY | |
| 475B* |
Insert the following new Clause-- | |
| | (" .--(1) This section applies where--
(a) a landing place was transferred to London Regional Transport or any of its subsidiaries on or after 31st March 1999 but before this section comes into force, or
(b) after this section comes into force a landing place is transferred to London Regional Transport or any of its subsidiaries pursuant to an agreement made on or after 31st March 1999 but before this section comes into force.
(2) In this section "qualifying landing place"--
(a) means a landing place transferred as mentioned in subsection (1)(a) or (b) above, and
(b) includes any property associated with the landing place and transferred with it.
(3) Any agreement --
(a) made between the transferor of a qualifying landing place and the owner of a vessel, or with a waterman in respect of a vessel not owned by him, and
(b) which concerns the use of the qualifying landing place by the vessel,
shall have effect on and after the relevant date in accordance with subsections (4) to (6) below.
(4) The agreement shall have effect as if--
(a) the transferee had been a party to the agreement instead of the transferor;
(b) for any reference to the transferor there were substituted a reference to the transferee;
(c) any reference to any officer or member of staff of the transferor were a reference to such person as the transferee may appoint or, in default of appointment, to the officer or member of staff of the transferee who most closely corresponds to the transferor's officer or member of staff;
and this subsection shall apply whether or not the agreement is capable of being assigned or transferred.
(5) An agreement shall only have effect in accordance with subsection (4) above--
(a) to the extent that the agreement concerns the use of the qualifying landing place by the vessel, and
(b) in relation to things falling to be done under the agreement on or after the relevant date.
(6) An agreement shall not have effect in accordance with subsection (4) above to the extent that the transferor and the transferee have made contrary provision.
(7) For the purposes of this section--
landing place" means any waterside landing place, pier, jetty, pontoon or other similar installation;
transferee", in relation to a qualifying landing place, means the body (being London Regional Transport or one of its subsidiaries) to which the landing place is or was transferred as mentioned in subsection (1)(a) or (b) above;
transferor", in relation to qualifying landing place, means the person by whom the landing place is or was transferred to a transferee as mentioned in subsection (1)(a) or (b) above;
relevant date", in the case of a qualifying landing place, means--
(a) the date when this section comes into force if on that date the landing place has been transferred to a transferee, or
(b) if the landing place has not been so transferred, the date when it is transferred to the transferee;
waterman" means a person who navigates a vessel used for carrying passengers for reward.") | Landing places: transfer of certain rights and obligations. |
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Clause 227 | |
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BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH | |
| 476 |
Page 125, line 34, at end insert--
("(4) No order may be made under this section in respect of any road unless a draft of such proposed order has been circulated to all local authorities within Greater London for a consultation period of at least nine months' duration, and the responses of such authorities to such draft order have been received and considered, and no order may be made designating a road as a GLA road with effect from a date prior to the end of such period of consultation and consideration.
(5) No order may be made under this section in respect of a road within the City if before the end of the consultation period referred to in subsection (4) above the Common Council have objected that such proposed order would adversely affect either--
(a) the integrity of any traffic management scheme within the City of London operated by or on behalf of the Common Council on the day before the Greater London Authority Act 1999 received Royal Assent, or
(b) the ability of the Common Council to ensure, or to assist and facilitate those responsible for ensuring, the security of the City of London and the people and businesses resident within it."")
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| 477 |
Page 125, line 34, at end insert--
("( ) The Secretary of State shall not make any order under this section in respect of any highway or proposed highway for which a London borough council or the Common Council is the highway authority, unless he has given 2 months' notice of the proposed order to the highway authority and considered any representations made."") | |
| 478 |
Page 125, line 34, at end insert--
("( ) An order under this section may be made solely in respect of a road which is considered in itself and on its own merits to be of strategic importance in determining an integrated transport policy for Greater London.
( ) In making an order under this section, the boundary of any road to be designated as a GLA road, shall lie at the edge of the carriageway and shall not extend to any side roads connecting with the road in question and neither shall this section confer any authority on Transport for London over the facia of or any fixtures to any building or structure in the vicinity of any GLA road."") | |
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Clause 228 | |
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BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH | |
| 479 |
Page 126, line 41, at end insert--
("(7) No order may be made under this section in respect of any road unless a draft of such proposed order has been circulated to all local authorities within Greater London for a consultation period of at least six months' duration, and the responses of such authorities to such draft order have been received and considered, and no order may be made designating a road as a GLA road, or (as the case may be) as ceasing to be a GLA road, with effect from a date prior to the end of such period of consultation and consideration.
(8) No order may be made under this section in respect of a road within the City of London if before the end of the consultation period referred to in subsection (6) above the Common Council have objected that such proposed order would adversely affect either--
(a) the integrity of any traffic management scheme within the City of London operated by or on behalf of the Common Council on the day before the Greater London Authority Act 1999 received Royal Assent, or
(b) the ability of the Common Council to ensure, or to assist and facilitate those responsible for ensuring, the security of the City of London and the people and businesses resident within it."")
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| 480 |
Page 126, line 41, at end insert--
("( ) An order under this section may be made solely in respect of a road which is considered in itself and on its own merits to be of strategic importance in determining an integrated transport policy for Greater London, or (as the case may be) has ceased to be of such strategic importance.
( ) In making an order under this section, the boundary of any road to be designated as a GLA road, or (as the case may be) to cease to be a GLA road, shall lie at the edge of the carriageway and shall not extend to any side roads connecting with the road in question and neither shall this section confer to any authority on Transport for London over the facia of or any fixtures to any building or structure in the vicinity of any GLA road."") | |
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Clause 231 | |
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BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH | |
| 481 |
Page 128, line 10, at beginning insert ("Subject to subsection (11A) below,") | |
| 482 |
Page 128, line 11, leave out ("affect, or be likely to affect,") and insert ("substantially affect, or be likely substantially to affect, traffic flows on or the operation of") | |
| 483 |
Page 129, leave out lines 8 to 18 | |
| 484 |
Page 129, line 34, at end insert--
("(11A) This section shall not apply to the exercise of any power if any effect on a GLA road or road in another London borough would not be a relevant consideration, in the absence of this section.") | |
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After Clause 231 | |
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BY THE LORD WHITTY | |
| 484A* |
Insert the following new Clause-- | |
| | (" .--(1) The Highways Act 1980 shall be amended as follows.
(2) In section 90A(1) (construction of road humps by highway authority) at the end of paragraph (b) there shall be inserted "or
(c) (whether or not the highway is subject to such a limit) the road humps fall within section 90CA below."
(3) After section 90C there shall be inserted-- | Construction of certain road humps in London highways.
1980 c. 66. |
| | Special procedure for certain road humps in London. |
90CA.--(1) A road hump falls within this section if--
(a) it is constructed by a local highway authority in Greater London, and
(b) the requirements of subsections (2) and (3) have been complied with.
(2) The requirement of this subsection is that before starting to construct the road hump the authority concerned gives the Secretary of State notice stating--
(a) the nature, dimensions and location of the proposed road hump,
(b) the spacing between the proposed road hump and any other humps constructed, or proposed to be constructed, in the vicinity,
(c) the type and description of signs which are proposed to be located in the highway in connection with the proposed hump,
(d) the statutory speed limit for motor vehicles to which the highway where it is proposed to construct the hump is subject, and
(e) the period (of not less than one month) within which, and the address to which, the Secretary of State may send any comments on the proposal to the authority.
(3) The requirement of this subsection is that in deciding--
(a) whether to proceed with the construction of the road hump, and
(b) what the nature, dimensions and location of the road hump as constructed are to be,
the authority concerned has regard to any comments made by the Secretary of State within the period stated in the notice.". | |
| | (4) After section 90D(4) there shall be inserted--
(5) Regulations under this section do not apply where a road hump falls within section 90CA above.".
(5) In section 90E(1) for the words from "Where" to "satisfied" there shall be substituted "Where the requirements of subsections (1A), (1B) or (1C) are satisfied in relation to a road hump".
(6) After section 90E(1) there shall be inserted--
(1A) The requirements of this subsection are that--
(a) regulations under section 90D above apply to the road hump,
(b) the road hump conforms to the regulations, and
(c) if the road hump is in a highway maintainable at the public expense, the conditions mentioned in subsection (2) below are satisfied.
(1B) The requirements of this subsection are that--
(a) the road hump is specially authorised by the Secretary of State,
(b) the road hump conforms with the conditions attached to the authorisation, and
(c) if the road hump is in a highway maintainable at the public expense, the conditions mentioned in subsection (2) below are satisfied.
(1C) The requirements of this subsection (1) are that--
(a) the road hump falls within section 90CA, and
(b) if the road hump is in a highway maintainable at the public expense, the condition mentioned in subsection (2)(a) below is satisfied.".
(7) Section 90E(3) shall be omitted.") | |
| 484B* |
Insert the following new Clause-- | |
| | (" .--(1) The Highways Act 1980 shall be amended as follows.
(2) In section 90G(1) (powers to carry out traffic calming works) at the end of paragraph (b) there shall be inserted "or
(c) fall within section 90GA below,".
(3) In section 90G(2) for "subsection (1)" there shall be inserted "subsection (1)(a) or (b)".
(4) After section 90G there shall be inserted-- | Certain traffic calming works in London.
1980 c. 66. |
| | Special procedure for certain traffic calming works in London. |
90GA.--(1) Traffic calming works fall within this section if--
(a) the works are constructed by a local highway authority in Greater London, and
(b) the requirements of subsection (2) and (3) have been complied with.
(2) The requirement of this subsection is that before starting to construct the works the authority concerned gives the Secretary of State notice stating--
(a) the nature, dimensions and location of the proposed works,
(b) the type and description of signs which are proposed to be located in the highway in connection with the proposed hump, and
(c) the period (of not less than one month) within which, and the address to which, the Secretary of State may send any comments on the proposal to the authority.
(4) The requirement of this subsection is that in deciding--
(a) whether to proceed with the construction of the works, and
(b) what the nature, dimensions and location of the works as constructed are to be,
the authority concerned has regard to any comments made by the Secretary of State within the period stated in the notice.". | |
| | (5) In section 90I for the words from "Works" to "authorisation" there shall be substituted--
(1) Works (whenever constructed) to which this subsection applies".
(6) After section 90I there shall be inserted--
(2) Subsection (1) applies--
(a) to works of a description prescribed by regulations under section 90H above or specially authorised under section 90G above which conform to any requirements imposed by the regulations or authorisation, and
(b) to works which fall within section 90GA.")
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BY THE BARONESS GARDNER OF PARKES | |
| 485 |
Insert the following new Clause-- | |
| | (" . After section 327 of the Highways Act 1980 (application of Act to Crown land) there shall be inserted-- | |
| | Royal Parks roads. |
327A.--(1) The Council of a London borough are the highway authority for all Royal Parks roads in the borough and this Act shall apply to all Royal Parks roads as if they were highways not maintainable at the public expense.
(2) In subsection (1) above, "Royal Parks road" means any Crown road (within the meaning given by section 131 of the Road Traffic Regulation Act 1984) situated in any park, garden, recreation ground, open space or other land to which the Park Regulations Act 1872 applies or any road deemed to be under the management of the Secretary of State by virtue of section 7(5) of the Crown Estate Act 1961."") | |
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Clause 233 | |
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BY THE LORD WHITTY | |
| 485A |
Page 130, line 23, at end insert--
("( ) the words "in their area" shall be omitted; and") | |
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After Clause 234 | |
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BY THE BARONESS GARDNER OF PARKES | |
| 486 |
Insert the following new Clause-- | |
| | (" . After section 132 of the Road Traffic Regulation Act 1984 (special provisions as to certain Crown roads) there shall be inserted-- | |
| | Special provisions as to Royal Parks roads. |
132A.--(1) The Council of a London Borough are the traffic authority for all Royal Parks roads in the borough.
(2) In subsection (2) above, "Royal Parks road" means any Crown road (within the meaning given by section 131 of this Act) situated in any park, garden, recreation ground, open space or other land to which the Park Regulations Act 1872 applies or any road deemed to be under the management of the Secretary of State by virtue of section 7(5) of the Crown Estate Act 1961.
(3) All of the road traffic enactments shall apply to the Royal Parks roads."") | Application of road traffic enactments to Royal Parks roads. |
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Clause 236 | |
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BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH | |
| 487 |
Page 132, leave out lines 28 to 48 and insert--
("(2) If Transport for London declines to approve and carry out the work referred to in subsection (1) above, then the London borough council concerned may carry out the work or scheme concerned.
(3) A London borough council shall be treated as the traffic authority as respects the traffic signs in that borough comprised in--
(a) the London traffic control system; or
(b) the traffic light installations,
for all roads in Greater London (other than trunk roads) to the exclusion of Transport for London, save where the London borough council concerned and Transport for London agree to transfer such authority to Transport for London.
(4) For the avoidance of doubt, that London borough council and Transport for London may subsequently agree to transfer such authority back to such London borough council.") | |
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BY THE LORD WHITTY | |
| 487A |
Page 133, line 4, at end insert--
("(5A) Before Transport for London--
(a) changes the operating cycle, or the timing of the operating cycle, of any traffic light installations provided on a road in Greater London which is neither a GLA road nor a trunk road, or
(b) provides new traffic light installations for such a road,
Transport for London shall consult the council of the London borough in which the installations are or are to be provided.") | |
| 487B |
Page 133, line 10, at end insert (" or
(b) by a scheme under subsection (1) or (3) of section 74B of this Act transferring functions of the Secretary of State to Transport for London;")
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