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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	Clause 245
	BY THE BARONESS GARDNER OF PARKES
491	Leave out Clause 245
	Clause 247
	BY THE LORD WHITTY
491A	Page 142, line 25, at end insert--
	("""GLA side road" has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 124A(9) and section 142(1) of that Act;";")		1984 c. 27.
491B	Page 142, line 40, at end insert-- ("(1C) In this Part of this Act, any reference to a GLA road includes a reference to a GLA side road."")
	Clause 251
	BY THE LORD BRABAZON OF TARA THE BARONESS MILLER OF HENDON THE LORD DIXON-SMITH
492	Page 144, line 12, 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")
493	Page 145, leave out lines 8 to 18
	Clause 252
	BY THE LORD WHITTY
493A	Page 146, line 10, after ("road"") insert ("(subject to subsection (4) below)")
493B	Page 146, line 11, at end insert-- ("""GLA side road" shall be construed in accordance with section 124A(9) of this Act;";")
493C	Page 146, line 13, at end insert-- ("( ) At the end of section 142 there shall be added-- (4) Any reference in this Act to a GLA road includes a reference to a GLA side road."")
	After Clause 252
	BY THE LORD WHITTY
493D	Insert the following new Clause--
	(" . After section 132 of the Road Traffic Regulation Act 1984 there shall be inserted--		Consultation by Secretary of State and traffic authority over certain proposals for Royal Parks or highways. 1984 c. 27.
	Royal Parks or highways in London affected by proposals relating to the other.	132AA.--(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-- (a) the traffic authority for the highway, and (b) Transport for London,
	about the exercise of those functions in that way.
		(2) The duty imposed by subsection (1) shall not apply if it would not be reasonably practicable for the Secretary of State to consult the traffic authority or Transport for London before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State shall inform the traffic authority and Transport for London that those functions have been so exercised. (3) A traffic 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. (4) The duty imposed by subsection (3) shall not apply if it would not be reasonably practicable for the traffic authority to consult the Secretary of State before exercising functions; but, in such a case, as soon as practicable after so exercising functions the highway authority shall inform the Secretary of State that those functions have been so exercised.
		(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 253
	BY THE LORD WHITTY
493E	Page 147, line 8, at end insert-- ("( ) Any reference in this section to a GLA road includes a reference to a GLA side road.")
	Clause 254
	BY THE BARONESS HAMWEE THE BARONESS THOMAS OF WALLISWOOD
494	Page 147, line 16, at end insert-- ("( ) The net proceeds from each scheme established under subsection (1) above shall, during the scheme's initial period as defined by paragraph 16 of Schedule 18, be applied solely for the purpose of implementing the Mayor's transport strategy.")
	BY THE LORD BRABAZON OF TARA THE BARONESS MILLER OF HENDON THE LORD DIXON-SMITH
495	Page 147, line 23, at end insert-- ("(4) Any charging scheme established pursuant to this section shall cease to take effect, and may not be revived, if at any time there is not a scheme to improve transport arrangements (including schemes to assist the movement of pedestrians) within Greater London in the operation or establishment of which the net proceeds of the charging scheme (within the meaning given it in Schedule 18) can be applied, and are only applied.")
	BY THE LORD MORRIS OF MANCHESTER
496	Page 147, line 23, 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.")
	After Clause 254
	BY THE LORD BRABAZON OF TARA THE BARONESS MILLER OF HENDON THE LORD DIXON-SMITH
497	Insert the following new Clause--
	(" .--(1) No scheme may be established pursuant to section 254 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 into road user charging.
	Before Schedule 18
	BY THE LORD WHITTY
497A	Insert the following new Schedule--
	("SCHEDULE
	STOPPING UP: ORDERS BY LONDON COUNCILs
	Highways Act 1980
	1.--(1) Section 125 of the Highways Act 1980 (further powers to stop up private access to premises) shall be amended as follows. (2) In subsection (1) after "Minister" there shall be inserted "or London Borough". (3) In subsection (4) after "Minister" there shall be inserted "or, as the case may be, the council of a London borough".		1980 c. 66.
	Town and Country Planning Act 1990
	2. The Town and Country Planning Act 1990 shall be amended as follows.		1990 c. 8.
	Highways affected by development: orders
	3.--(1) Section 247 shall be amended as follows. (2) In subsection (1) (Secretary of State's power to authorise stopping up or diversion of highway) after "highway" there shall be inserted "outside Greater London". (3) In subsection (2) (Secretary of State's power to provide or improve other highways) after "highway" there shall be inserted "outside Greater London". (4) After subsection (2) there shall be inserted-- (2A) The council of a London borough may by order authorise the stopping up or diversion of any highway within the borough, or within another London borough if the council of that borough consents, if it is satisfied that it is necessary to do so in order to enable development to be carried out-- (a) in accordance with planning permission granted under Part III, or (b) by a government department. (2B) Such an order may make such provision as appears to the council to be necessary or expedient for the provision or improvement of any other highway within the borough.". (5) In subsection (3) (orders directing that highway to be maintainable at public expense etc) for "Such an order" there shall be substituted "An order under subsection (1) or (2A)". (6) After subsection (3) there shall be inserted-- (3A) An order under subsection (2A) may not provide that-- (a) the Secretary of State (b) Transport for London, or (c) a London borough other than the one whose council is making the order, shall be the highway authority for a highway unless the Secretary of State, Transport for London or the council, as the case may be, so consents.". (7) In subsection (4) (incidental provision in an order) after "Secretary of State" in both places where it occurs there shall be inserted "or the council of the London borough". (8) In subsection (6)(a) (order making power to be without prejudice other similar powers) after "Secretary of State" there shall be inserted "or a London borough".
	Highways crossing or entering route of proposed new highway
	4.--(1) Section 248 shall be amended as follows. (2) In subsection (2) (Secretary of State's power to stop up or divert a highway affected by construction or improvement of another highway) after "applies" there shall be inserted "and the place where the other highway crosses or enters the route of the main highway or is otherwise affected is outside Greater London". (3) After subsection (2) there shall be inserted-- (2A) Where this section applies and the place where the other highway crosses or enters the route of the main highway or is otherwise affected is within a London borough, if it appears to the council of that borough expedient to do so-- (a) in the interests of the safety of users of the main highway; or (b) to facilitate the movement of traffic on the main highway, it may by order authorise the stopping up or diversion of the other highway.". (4) In subsection (3) (application of section 247 to orders under section 248)-- (a) after "Subsections (2)" there shall be inserted "and (2B)", (b) for "subsection (2)" there shall be substituted "subsections (2) and (2B)".
	Order extinguishing right to use vehicles on highway
	5.--(1) Section 249 shall be amended as follows. (2) In subsection (1)(b) (cases where section 249 applies) after "trunk road" there shall be inserted ", a GLA road". (3) At the beginning of subsection (2) (Secretary of State's power to extinguish rights to use a highway affected by improvement of amenity of area) there shall be inserted "Where the public is to cease to have such a right of way at a place outside Greater London,". (4) After subsection (2) there shall be inserted-- (2A) Where-- (a) the public is to cease to have such a right of way at a place within a London borough, and (b) the conditions mentioned in subsection (2B)(a) or (b) are satisfied, the council of that borough may by order provide for the extinguishment of any right which persons may have to use vehicles on that highway. (2B) The conditions are that-- (a) the council is a local planning authority for the place where the right of way is to cease and it resolves that the right should be extinguished, or (b) another authority is a local planning authority for that place and, having resolved to do so, it applies to the council of the borough for the right to be extinguished.". (5) In subsection (3) (power to provide for continuance of specified rights on highway where general right of use is extinguished)-- (a) after "subsection (2)" there shall be inserted "or (2A)", and (b) after "Secretary of State" there shall be inserted "or, as the case may be, the council of the London borough". (6) In subsection (5) (order under section 249 not to be prejudiced by any other enactment) after "subsection (2)" there shall be inserted "or (2A)". (7) In subsection (6) (revocation of order under section 249 upon application by local planning authority)-- (a) after "subsection (2)" there shall be inserted "or (2A)", (b) after "Secretary of State" there shall be inserted "or, as the case may be, the council of the borough", (c) for "he" in the first place where it occurs there shall be substituted "the Secretary of State or council", and (d) for "he does so" there shall be substituted "the order is revoked". (8) In subsection (8) (requirement for local planning authority to consult before applying for order to be revoked) after "subsection (2)" there shall be inserted ", (2A)". (9) In subsection (9) (application of section 247 to order made under section 249) after "subsection (2)" there shall be inserted ", (2B)".
	Compensation for orders under section 249
	6.--(1) Section 250 shall be amended as follows. (2) In subsection (1) (right to compensation for those with an interest in land affected by an order under section 249) after "section 249(2)" there shall be inserted "or (2A)".
	Procedure for making of orders
	7.--(1) Section 252 shall be amended as follows. (2) In subsection (1) (requirement to publicise proposals in certain newspapers)-- (a) after "Secretary of State" in the first place where it occurs there shall be inserted "or, as the case may be, the council of a London borough", and (b) after "Secretary of State" in the second place where it occurs there shall be inserted "or, as the case may be, the council of the London borough".". (3) In subsection (2) (requirement to serve details of proposals on certain local and other authorities) after "Secretary of State" there shall be inserted "or, as the case may be, the council of the London borough". (4) In subsection (3) (requirement to display details of proposals at highway concerned) after "Secretary of State" there shall be inserted "or, as the case may be, the council of the London borough". (5) In subsection (4) (requirement to hold local inquiry if objection made)-- (a) after "Secretary of State" in the first place where it occurs there shall be inserted "or, as the case may be, the council of the London borough, (b) for "him" there shall be substituted "to the Secretary of State or, as the case may be, the council", and (c) for "unless subsection (5) applies the Secretary of State shall cause a local inquiry to be held" there shall be substituted-- (a) in a case where the Secretary of State is proposing to make an order, he shall cause a local inquiry to be held unless subsection (5) applies, or (b) in a case where the council of a London borough is proposing to make an order, it shall notify the Mayor of London of the objections and shall cause a local inquiry to be held unless subsection (5A) applies.". (6) In subsection (5) (power to dispense with local inquiry in certain circumstances) after "where" there shall be inserted "the Secretary of State is proposing to make an order and". (7) After subsection (5) there shall be inserted-- (5A) In a case where-- (a) the council of a London borough is proposing to make the order, (b) the council has under subsection (4)(b) notified the Mayor of London of the objections, and (c) none of the objections notified is made by such a local authority or undertakers or transporter as are mentioned in that subsection, the Mayor of London shall decide whether, in the special circumstances of the case, the holding of such an inquiry is unnecessary, and if he decides that it is unnecessary he shall so notify the council which may dispense with the inquiry." (8) In subsection (6) (application of other statutory provisions to local inquiry held under section 252) after "Secretary of State" there shall be inserted "or the council of a London borough". (9) In subsection (8) (confirmation of order after local inquiry) after "Secretary of State" there shall be inserted "or, as the case may be, the Mayor of London". (10) In subsection (10) (requirement to publicise making of order) after "Secretary of State" there shall be inserted "or, as the case may be, the Mayor of London". (11) After subsection (10) there shall be inserted-- (10A) Nothing in subsection (2) shall require the council of a London borough to serve anything on itself."
	Procedure in anticipation of planning permission
	8.--(1) Section 253 shall be amended as follows. (2) In subsection (1) (power to publish certain orders in draft before planning permissions making the orders necessary are granted)-- (a) after "Secretary of State" in the first place where it occurs there shall be inserted "or the council of a London Borough", and (b) after "Secretary of State" in the second place where it occurs there shall be inserted "or, as the case may be, the council of the London borough". (3) In subsection (5) (saving of restriction on power to make order until planning permission granted) after "Secretary of State" there shall be inserted "or the council of a London borough".
	Temporary highway orders: mineral workings
	9.--(1) Section 261 shall be amended as follows. (2) In subsection (1) (Secretary of State's power to order stopping up or diversion of highway for working of minerals)-- (a) after "Secretary of State" there shall be inserted "or the council of a London borough", and (b) after "him" there shall be inserted "or, as the case may be, the council". (3) In subsection (3) (additional provision in order under section 261)-- (a) for "or, as the case may be," there shall be substituted ", the council of the London borough or", and (b) after "authority" there shall be inserted "(as the case may be)".



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