Greater London Authority Bill

Greater London Authority Bill - continued	House of Lords
PART IV, TRANSPORT - continued

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	CHAPTER V
	REGULATION OF BUS SERVICES IN GREATER LONDON
	Introductory
London local services.	178. - (1) In this Part-
	"local service" has the meaning given to it by section 2 of the Transport Act 1985, and
	"London local service" means a local service with one or more stopping places in Greater London.
	(2) Where a local service is or is to be provided both inside and outside Greater London, any part of the service which is or is to be provided outside Greater London shall be treated as a separate service for the purposes of this Part if there is any stopping place for that part of the service outside Greater London.
	(3) For the purposes of this Part of this Act a service provided in pursuance of an agreement with the Railways Board or the Director of Passenger Rail Franchising, entered into under section 4A of the Transport Act 1962 (temporary interruption of railway service), is not a London local service.
Provision of London local services.	179. - (1) No London local service may be provided except in accordance with the provisions of this Chapter.
	(2) If a London local service is provided in contravention of subsection (1) above, the operator of the service shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
	(3) It shall be a defence for a person charged with an offence under subsection (2) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
	The London bus network
The London bus network.	180. - (1) Transport for London shall determine which London local services are required for the purpose of providing safe, integrated, efficient and economic transport services in Greater London.
	(2) The determination made by Transport for London under subsection (1) above shall be kept under review and may be revised at any time.
	(3) The London local services which Transport for London determines are required under this section shall be known collectively as the "London bus network".
	(4) A London local service which is part of the London bus network may be provided only-
	(a) by Transport for London or any of its subsidiaries, or
	(b) by any other person in pursuance of an agreement entered into by Transport for London under section 156(2) above.
	(5) Transport for London shall so far as reasonably practicable provide or secure the provision of the London bus network.
London local service agreements.	181. - (1) Where a London local service which is part of the London bus network is provided in pursuance of an agreement entered into by Transport for London under section 156(2) above, the agreement shall be known as a London local service agreement.
	(2) Where a London local service agreement relates to a local service part of which is to be provided outside Greater London, subsection (3) below applies to any provision contained in the agreement with respect to the carriage of passengers other than those who are both taken up and set down in Greater London.
	(3) A provision of a description specified in subsection (2) above shall be of no effect if or so far as it is inconsistent with any condition attached under section 8 of the Transport Act 1985 (enforcement of traffic regulation conditions etc by a traffic commissioner)-
	(a) to a PSV operators' licence held by the operator of the service, or
	(b) to a permit under section 22 of the Transport Act 1985 (a community bus permit).
Addition or variation of a network service.	182. - (1) Subsection (2) below applies where-
	(a) Transport for London or any of its subsidiaries proposes to provide a new London local service or to vary an existing London local service,
	(b) Transport for London proposes to enter into a London local service agreement for the provision of a new London local service, or
	(c) Transport for London proposes to agree to a variation in an existing London local service provided pursuant to a London local service agreement,
	and the proposal, if effected, would alter the London bus network.
	(2) Transport for London shall before making a decision about the proposal consult-
	(a) the commissioner or commissioners of police affected,
	(b) the London authorities affected,
	(c) the London Transport Users' Committee, and
	(d) any other person whom Transport for London considers it appropriate to consult,
	about the matters specified in subsection (3) below relating to the proposed new service or the service as proposed to be altered.
	(3) The matters mentioned in subsection (2) above are-
	(a) the route,
	(b) the terminal points,
	(c) the points at which passengers may or may not be taken up and set down, and
	(d) the place at which, or street by the use of which, vehicles used for the service may turn at a terminal point.
	(4) For the purposes of this section, the London authorities affected by a proposal are the London authorities in whose area there is situated-
	(a) any part of the route in question, or
	(b) any of the places mentioned in subsection (3)(b) to (d) above.
	(5) Where a place or street mentioned in paragraph (d) of subsection (3) above is situated in the area of a local authority other than a London authority, Transport for London is also required under subsection (2) above to consult that local authority about the matter specified in that paragraph.
	(6) For the purposes of this section a commissioner of police is affected by a proposal if he is-
	(a) the Commissioner of Police of the Metropolis, or
	(b) the Commissioner of Police of the City of London,
	and any part of the route in question, or any of the places mentioned in subsection (3)(b) to (d) above, is situated in the police area for which he is the Commissioner.
	(7) For the purposes of this Chapter a London authority is any London borough council or the Common Council.
Discontinuance of a network service.	183. - (1) Subsection (2) below applies where-
	(a) Transport for London or any of its subsidiaries proposes to discontinue a London local service which is part of the London bus network, or
	(b) Transport for London proposes not to renew a London local service agreement pursuant to which a London local service which is part of the London bus network is provided,
	except where Transport for London proposes that a service replacing the London local service in question and equivalent to it will be provided (whether by Transport for London or any of its subsidiaries, or pursuant to a London local service agreement).
	(2) Transport for London shall before making a decision about the proposal consult-
	(a) the London authorities affected,
	(b) the London Transport Users' Committee, and
	(c) any other person whom Transport for London considers it appropriate to consult.
	(3) For the purposes of this section the London authorities affected by a proposal are the London authorities in whose area there is situated any part of the route of the service in question.
	Bus services outside the network
London service permits.	184. - (1) A London local service which is not part of the London bus network may be provided only by a person who is authorised to provide the service by a permit granted by Transport for London ("a London service permit").
	(2) The Mayor shall prepare and adopt a document ("the guidance document") containing the criteria by which applications for a London service permit will be considered.
	(3) The Mayor shall keep the guidance document under review and may revise it at any time.
	(4) Where the guidance document is revised, the Mayor shall adopt the document as revised.
Grant of London service permits.	185. - (1) An application for a London service permit shall be made in such manner and accompanied by such supporting evidence as may be determined by Transport for London.
	(2) Transport for London may charge a fee-
	(a) for processing the application for a London service permit under subsection (1) above,
	(b) for granting a London service permit, or
	(c) for both (a) and (b) above.
	(3) In deciding whether to grant a London service permit Transport for London-
	(a) shall have regard to the criteria contained in the guidance document,
	(b) shall have regard to any other material considerations, and
	(c) shall consult the persons and bodies specified in subsection (4) below.
	(4) The persons and bodies mentioned in subsection (3)(c) above are-
	(a) the London authorities affected,
	(b) the commissioner or commissioners of police affected,
	(c) the London Transport Users' Committee, and
	(d) any other person whom Transport for London considers it appropriate to consult.
	(5) Where Transport for London grants a London service permit it shall send notice of the grant, including particulars of the services authorised by the permit to be provided, to the London Transport Users' Committee, the London authorities affected and the commissioner or commissioners of police affected.
	(6) For the purposes of this section, the London authorities affected are the London authorities in whose area there is situated any part of the route of the London local service to which the application for the London service permit relates.
	(7) For the purposes of this section a commissioner of police is affected if he is-
	(a) the Commissioner of Police of the Metropolis, or
	(b) the Commissioner of Police of the City of London,
	and any part of the route of the London local service to which the application for the London service permit relates is situated in the police area for which he is the Commissioner.
Conditions.	186. - (1) Transport for London may attach to a London service permit granted under section 185 above such conditions as it thinks fit.
	(2) The conditions that may be attached to a London service permit by virtue of subsection (1) above include conditions for securing-
	(a) that suitable routes are used in providing any service authorised to be provided by the permit,
	(b) that passengers are not taken up or are not set down except at specified points, or are not taken up or are not set down between specified points, or
	(c) the safety and convenience of the public, including persons who have mobility problems.
	(3) No condition as to fares shall be attached under this section to a London service permit.
	(4) Transport for London may at any time vary a London service permit-
	(a) by altering any condition attached to the permit,
	(b) by removing any condition attached to the permit, or
	(c) by attaching to the permit any condition.
	(5) Compliance with any condition attached to a London service permit under this section may be temporarily dispensed with by Transport for London if it is satisfied-
	(a) that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached, or, if the condition has been altered, when it was last altered, and
	(b) that such a dispensation would not adversely affect the safety and convenience of the public, including persons who have mobility problems.
	(6) If a condition attached to a London service permit under this section is contravened, the holder of the permit shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
	(7) It shall be a defence for a person charged with an offence under subsection (6) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Prepared 27 October 1999