Greater London Authority Bill

Greater London Authority Bill - continued	House of Lords
PART IV, TRANSPORT - continued
Bus services outside the network - continued

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Revocation.	187. - (1) Subject to subsection (2) below, a London service permit may be revoked or suspended by Transport for London on the ground that there has been a contravention of any condition attached to it.
	(2) Transport for London shall not revoke or suspend a London service permit unless, owing to-
	(a) the frequency of the breach of conditions, or
	(b) the breach having been committed intentionally, or
	(c) the danger to the public involved in the breach,
	Transport for London is satisfied that the permit should be revoked or suspended.
	(3) On revoking or suspending a London service permit Transport for London shall send notice of the revocation or suspension to each commissioner of police and London authority notified of the grant of the licence in accordance with section 185(5) above.
	(4) A London service permit suspended under this section shall during the period of suspension be of no effect.
Appeals.	188. - (1) Where Transport for London refuses to grant a London service permit, it must issue a notice stating the reasons for the decision to do so to the person who made the application for the permit.
	(2) A person to whom a notice has been issued under subsection (1) above may appeal to the Mayor against the decision in relation to which the notice was issued.
	(3) Where Transport for London-
	(a) attaches any condition to a London service permit, or alters or removes any condition so attached; or
	(b) revokes or suspends a London service permit,
	it must issue a notice to the holder of the permit stating the reasons for the decision to do so.
	(4) A holder of a London service permit to whom a notice has been issued under subsection (3) above may appeal to the Mayor against the decision in relation to which the notice was issued.
	(5) An appeal under this section against a decision of Transport for London must be made before the end of the period of 28 days beginning with the date of issue of the notice relating to the decision.
	(6) Where an appeal is made to the Mayor under this section he shall refer the matter to a panel of persons appointed by him for the purposes of hearing such an appeal ("an appeal panel").
	(7) The Mayor may charge a person making an appeal under this section such reasonable fee as the Mayor considers appropriate having regard to any expenses incurred or likely to be incurred by the Mayor in respect of the appeal.
	(8) A person shall be disqualified from being appointed to be, or being, a member of an appeal panel if he is-
	(a) an Assembly member,
	(b) a member of staff of the Authority,
	(c) a member of, or a member of staff of, Transport for London, or
	(d) a director of a subsidiary of Transport for London or a member of staff of such a subsidiary.
	(9) The Mayor may pay to the members of an appeal panel such fees and expenses as he considers appropriate.
	(10) An appeal panel shall regulate its own procedure but, unless the person making the appeal requests otherwise, any appeal hearing shall be conducted on the basis of documentary evidence only.
	(11) An appeal panel hearing an appeal under this section shall make a report to the Mayor concerning the appeal, including if the panel considers appropriate any recommendation about payment of the costs of the appeal.
	(12) A recommendation under subsection (11) above may include a recommendation that Transport for London pay to the person who made the appeal a sum equivalent to all or part of any fee paid to the Mayor by virtue of subsection (7) above.
	(13) Where the Mayor receives a report under subsection (11) above, he shall issue to Transport for London under section 155(1) above such guidance or directions, if any, as he considers appropriate having regard to the report.
Duration.	189. - (1) The duration of a London service permit shall not be longer than five years.
	(2) If, on the date on which a London service permit is due to expire, an application has been made for the grant of a new London service permit in substitution for it and-
	(a) Transport for London has neither granted nor refused to grant the London service permit applied for,
	(b) Transport for London has refused to grant the London service permit applied for but an appeal against the refusal has been made under section 188 above and not disposed of, or
	(c) Transport for London has granted the London service permit applied for but an appeal against a decision to attach a condition to the permit has been made under section 188 above and not disposed of,
	subsection (3) below shall apply.
	(3) Where this subsection applies, the existing London service permit shall continue in force-
	(a) in a case falling within subsection (2)(a) above, until Transport for London grants or refuses to grant the London service permit applied for, or
	(b) in a case falling within subsection (2)(b) or (c) above, until the appeal has been disposed of.
	(4) Where subsection (3)(a) above applies, if Transport for London-
	(a) refuses to grant the London service permit applied for, or
	(b) grants the London service permit applied for but at the time of the grant attaches any condition to the permit,
	the existing London service permit shall continue in force until any appeal which is made under section 188 above against the decision in question has been disposed of.
	(5) This section is without prejudice to section 187 above.
	Guidance document
Consultation.	190. - (1) When preparing or revising the guidance document and before finally determining the contents of the document or any revisions, the Mayor shall-
	(a) publish a notice in a newspaper circulating in the entire area of Greater London, stating where a draft of the guidance document (or the revisions, as the case may be) may be inspected, and
	(b) consult the persons and bodies specified in subsection (2) below.
	(2) The persons and bodies mentioned in subsection (1)(b) above are-
	(a) each London authority,
	(b) the local authority for any other area which the Mayor considers will be affected by the contents of the guidance document or the revisions, as the case may be,
	(c) the Commissioner of Police of the Metropolis and the Commissioner of Police of the City of London,
	(d) the traffic commissioner for the Metropolitan Traffic area,
	(e) the traffic commissioner for any other traffic area which the Mayor considers will be affected by the contents of the guidance document or the revisions, as the case may be,
	(f) the London Transport Users' Committee, and
	(g) any other person whom the Mayor considers it appropriate to consult.
	(3) Where the Mayor is determining the contents of revisions to the guidance document and the revisions will not affect the entire area of Greater London, the obligation imposed under subsection (1)(a) above shall not have effect and instead a notice stating where a draft of the revisions can be inspected shall be published in a newspaper circulating in the area or areas which the Mayor considers will be affected by the revisions.
Publication.	191. - (1) The Mayor shall publish the guidance document.
	(2) Where the Mayor revises the guidance document he shall publish it as revised.
	(3) In this Act, references to the guidance document include, except where the context otherwise requires, a reference to the current version of the guidance document.
	(4) The guidance document must be published no later than 180 days after the Mayor has published the transport strategy prepared by him under section 142(1) above.
	(5) The Mayor shall send to the Common Council and to each London borough council a copy of the current version of the guidance document.
	(6) A copy of the current version of the guidance document shall be kept available by the Mayor for inspection by any person on request free of charge-
	(a) at the principal offices of the Authority, and
	(b) at such other places as the Mayor considers appropriate,
	at reasonable hours.
	(7) A copy of the current version of the guidance document, or any part of it, shall be supplied to any person on request for such reasonable fee as the Mayor may determine.
	(8) Any reference in this section to "the current version" of the guidance document is a reference to the guidance document as last published, whether originally or as revised.
	Miscellaneous
Validity of agreements and permits.	192. - (1) A London local service agreement shall be of no effect at any time when the party to the agreement who is not Transport for London does not hold-
	(a) a PSV operators' licence, or
	(b) a permit granted under section 22 of the Transport Act 1985 (a community bus permit).
	(2) A London service permit shall be of no effect at any time when the holder of the permit does not hold a licence of the description specified in subsection (1)(a) above, or a permit of the description specified in subsection (1)(b) above.
	(3) In any case where a local education authority is providing a service falling within section 46(1) of the Public Passenger Vehicles Act 1981 (no requirement for a PSV operators' licence where a school bus is being used to provide a service)-
	(a) subsection (1) above does not apply in relation to any London local service agreement pursuant to which the local education authority is providing the service, and
	(b) subsection (2) above does not apply in relation to any London service permit by which the local education authority is authorised to provide the service.
Application of the Public Passenger Vehicles Act 1981.	193. - (1) The provisions of the Public Passenger Vehicles Act 1981 specified in subsection (2) below apply in relation to the grant of London service permits, or to London service permits granted, under this Part of this Act, as they apply in relation to the grant of PSV operators' licences, or PSV operators' licences granted, under that Act.
	(2) The provisions mentioned in subsection (1) above are-
	(a) section 57 (death, bankruptcy, etc. of licence holder) taking the references to the traffic commissioner by whom the licence was granted as a reference to Transport for London, and
	(b) section 58(2) (grant of licences to unincorporated body or to persons jointly).
	(3) Section 84 of the Public Passenger Vehicles Act 1981 (which relates to the effects of that Act in relation to general public interests) shall have effect as if the provisions of this Chapter were contained in that Act.
Interpretation.	194. In this Chapter-
	"the guidance document" shall be construed in accordance with section 184(2) above,
	"London authority" shall be construed in accordance with section 182(7) above,
	"London bus network" shall be construed in accordance with section 180 above,
	"London local service agreement" shall be construed in accordance with section 181 above,
	"London service permit" shall be construed in accordance with section 184 above,
	"London Transport Users' Committee" means the committee established under section 244 below,
	"PSV operators' licence" means a licence granted under the provisions of Part II of the Public Passenger Vehicles Act 1981,
	"stopping place" means, in relation to any service or part of a service, a point at which passengers are (or, in the case of a proposed service, are proposed to be) taken up or set down in the course of that service or part,
	"traffic area" means a traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981,
	"traffic commissioner for the Metropolitan Traffic area" means the traffic commissioner for the traffic area in which Greater London is for the time being situated by virtue of section 3 of the Public Passenger Vehicles Act 1981.

Prepared 27 October 1999