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 231
	BY THE LORD WHITTY
484ZA	Insert the following new Clause--
	(" . After section 301 of the Highways Act 1980 there shall be inserted--		Consultation between Secretary of State and highway authority over certain proposals for Royal Parks or highways. 1980 c. 66.
	Royal Parks or highways in London affected by proposals relating to the other.	301B.--(1) The Secretary of State shall not exercise any of his functions in relation to the management of roads or traffic in a Royal Park in such a way as to affect a highway in Greater London unless he has consulted the highway authority for the highway about the exercise of those functions in that way. (2) A highway authority shall not exercise any of its functions in relation to a highway in Greater London in such a way as to affect a Royal Park unless it has consulted the Secretary of State about the exercise of those functions in that way. (3) The duty imposed by subsection (1) or (2) shall not apply if it would not be reasonably practicable for the Secretary of State or, as the case may be, the highway authority to consult the other before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State or, as the case may be, the highway authority shall inform the other that those functions have been so exercised.
		(4) 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.
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.")
484C	Insert the following new Clause--
	(" . Schedule (Stopping up: orders by London councils) (which contains amendments to the Highways Act 1980 and the Town and Country Planning Act 1990) shall have effect.")		Stopping up: orders by London councils. 1980 c. 66. 1990 c. 8.
	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.
	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."")
	After Clause 232
	BY THE LORD WHITTY
485ZA	Insert the following new Clause--
	(" . After section 124 of the Road Traffic Regulation Act 1984 there shall be inserted--		GLA side roads. 1984 c. 27.
	GLA side roads.	124A.--(1) The Secretary of State may by order designate roads or proposed roads as roads which are to be GLA side roads. (2) Any road or proposed road so designated shall become a GLA side road on such date as may be specified in the order. (3) A road may only be a GLA side road if it has a junction with-- (a) a GLA road; or (b) another road which has a junction with a GLA road. (4) A road or proposed road shall not be a GLA side road if it is a trunk road or other highway for which the Secretary of State is the highway authority. (5) A road may only be a GLA side road if and to the extent that the appropriate authority considers it appropriate for the road to be a GLA side road in the interests of the management of traffic and the control of the waiting and loading of vehicles on or in the immediate vicinity of GLA roads.
		(6) The Secretary of State may by order make provision for or in connection with applying in relation to GLA side roads, with such modifications as he thinks fit, the provisions of sections 14B and 14C of the Highways Act 1980 (orders changing what are GLA roads and certification and records of GLA roads). (7) The provision that may be made under subsection (6) above is subject to subsections (3) to (5) above. (8) In this section "the appropriate authority" means-- (a) in relation to an order under subsection (1) above, the Secretary of State;	1980 c. 66.
		(b) in relation to an order made by the Greater London Authority under section 14B of the Highways Act 1980, as applied under subsection (6) above, the Mayor of London; and (c) in relation to confirmation of such an order by the Secretary of State under that section as so applied, the Secretary of State. (9) Any reference in any provision of this Act or any other enactment to a GLA side road shall be construed as a reference to a road in Greater London which is for the time being a GLA side road by virtue of-- (a) an order made by the Secretary of State under subsection (1) above; or	1980 c. 66.
		(b) an order made by the Greater London Authority under section 14B of the Highways Act 1980, as applied by an order under subsection (6) above. (10) Any functions conferred or imposed on the Greater London Authority in relation to GLA side roads shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority. (11) Subsection (10) above does not apply in relation to any functions expressly conferred on the London Assembly. (12) Any power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament."")	1980 c. 66.
	Clause 233
	BY THE LORD WHITTY
485A	Page 130, line 23, at end insert-- ("( ) the words "in their area" shall be omitted; and")
	After Clause 234
	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--		Application of road traffic enactments to Royal Parks roads.
	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."")
	Clause 235
	BY THE LORD WHITTY
486A	Page 132, line 19, at end insert-- ("( ) Any reference in this section to a GLA road includes a reference to a GLA side road.")
	Clause 236
	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.")
	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;")
	Clause 238
	BY THE LORD WHITTY
487C	Page 134, line 18, leave out from ("of") to end of line 19 and insert ("sections 65, 73, 74, 74A, 74B and 75 of this Act.")
	BY THE LORD BRABAZON OF TARA THE BARONESS MILLER OF HENDON THE LORD DIXON-SMITH
488	Leave out Clause 238
	Clause 241
	BY THE LORD WHITTY
488A	Page 137, leave out lines 10 and 11
	Clause 242
	BY THE LORD WHITTY
489	Page 138, line 11, leave out (" 71(2)(c)") and insert (" 71(4)(c)")
	After Clause 244
	BY THE BARONESS GARDNER OF PARKES
490	Insert the following new Clause--
		(" .--(1) Section 76 of the Road Traffic Act 1991 (special parking areas) shall be amended as follows-- (a) for subsection (1) there shall be substituted-- (1) Subject to subsection (1A) below, the whole of each London authority's area is hereby designated as a special parking area. (1A) The Secretary of State may by order exclude any area from a special parking area for reasons of security.";
	(b) in subsection (2) for "this section" there shall be substituted "subsection (1A) above"; (c) in subsection (3)-- (i) the words "While an order under this section is in force" shall cease to have effect; (ii) for "designated by the Order" there shall be substituted "designated by this section". (2) Section 77 of the Road Traffic Regulation Act 1984 shall be amended as follows-- (a) in subsection (3), for "to make in the order designating the special parking area in question" there shall be substituted "by order to make"; (b) in subsection (5), for "to make in the order designating the special parking area in question" there shall be substituted "by order to make"; (c) in subsection (6)-- (i) for "An order under section 76 designating a special parking area may" there shall be substituted "The Secretary of State may by order"; (ii) for "Secretary of State" there shall be substituted "he"; (iii) the words "of the order" shall cease to have effect.")		Special parking areas.



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