Greater London Authority Bill

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

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CHAPTER XIII

HIGHWAYS

GLA roads

Introductory.

256. - (1) Section 1 of the Highways Act 1980 (highway authorities: general provisions) shall be amended as follows.

(2) After subsection (2) there shall be inserted-

"(2A) Transport for London is the highway authority for all GLA roads."

(3) In subsection (3) (highways for which a London borough council or the Common Council is the highway authority) after "which are not" there shall be inserted "for the time being GLA roads or".

(4) In section 2(1) of the Highways Act 1980 (highway authority for road which ceases to be a trunk road) for paragraph (b) (roads in London boroughs) there shall be substituted-

"(b) where the road is situated in Greater London, Transport for London,".

(5) After subsection (2) there shall be added-

"(3) Where Transport for London becomes the highway authority for a road by virtue of subsection (1) above, the road shall become a GLA road."

Designation of first GLA roads.

257. After section 14 of the Highways Act 1980 there shall be inserted-

	"GLA roads
Designation of first GLA roads by Secretary of State.	14A. - (1) The Secretary of State may by order designate highways or proposed highways as highways which are to be GLA roads.
	(2) Any highway or proposed highway so designated-
	(a) shall become a GLA road, and
	(b) if it is a trunk road or other highway for which the Secretary of State is the highway authority, shall accordingly cease to be such a road or highway,
	on such date as may be specified in that behalf in the order.
	(3) Orders under this section may be made or amended at any time before the beginning of the term of office of the first Mayor of London."

Orders by the Authority changing what are GLA roads.

258. After section 14A of the Highways Act 1980 there shall be inserted-

"Orders of the Authority changing what are GLA roads.	14B. - (1) The Mayor of London shall keep under review the system of highways and proposed highways in Greater London and the allocation of responsibility for that system between the different local highway authorities.
	(2) If the Mayor of London considers it expedient that-
	(a) any highway or proposed highway in Greater London, other than a trunk road, should become a GLA road, or
	(b) that any GLA road should cease to be such a road and should become a road for which the highway authority is a London borough council or the Common Council,
	the Greater London Authority may by order direct that that highway or proposed highway shall become, or (as the case may be) that that road shall cease to be, a GLA road as from such date as may be specified in that behalf in the order.
	(3) Where an order under subsection (2) above directs that a highway or proposed highway shall become a GLA road, it shall become such a road as from the date specified in that behalf in the order.
	(4) Where an order under subsection (2) above directs that a GLA road shall cease to be such a road, then, as from the date specified in that behalf in the order, the road shall cease to be a GLA road and the following authority, that is to say-
	(a) where the road is situated in a London borough, the council for the London borough, and
	(b) where the road is situated in the City, the Common Council,
	shall become the highway authority for the road.
	(5) An order under this section shall be of no effect unless-
	(a) it is made with the consent of the relevant highway authority; or
	(b) if that consent is refused, it is confirmed (with or without modification) by the Secretary of State.
	(6) For the purposes of subsection (5) above, the relevant highway authority is-
	(a) in the case of an order directing that a highway or proposed highway shall become a GLA road, the authority which is the highway authority for the highway or proposed highway; and
	(b) in the case of an order directing that a GLA road shall cease to be such a road, the authority which will become the highway authority for the road in consequence of the order."

Certification and records of GLA roads.

259. After section 14B of the Highways Act 1980 there shall be inserted-

"Certification and records of GLA roads.	14C. - (1) A certificate by or on behalf of Transport for London that any highway or proposed highway is, or is not, for the time being a GLA road shall be evidence of the facts stated in the certificate.
	(2) A certificate under subsection (1) above may describe the highway or proposed highway in question by reference to a map.
	(3) Transport for London shall prepare and maintain a record of the highways which are for the time being GLA roads.
	(4) The record required to be prepared and maintained under subsection (3) above may consist of-
	(a) a list;
	(b) a map; or
	(c) a list and a map.
	(5) Transport for London shall deposit a copy of that record with the Greater London Authority, each of the London borough councils and the Common Council.
	(6) Transport for London, and the Greater London Authority, each of the London borough councils and the Common Council, shall make the record, or (as the case may be) the copies of the record deposited with them, available for inspection by the public at all reasonable hours."

Supplementary provisions.

260. - (1) After section 14C of the Highways Act 1980 there shall be inserted-

"Construction of provisions relating to GLA roads.	14D. - (1) Any reference in any provision of this Act or any other enactment to a GLA road shall be construed as a reference to a highway or proposed highway in Greater London which is for the time being a GLA road by virtue of-
	(a) section 2(3) above;
	(b) an order made by the Secretary of State under section 14A above; or
	(c) an order made under section 14B above by the Greater London Authority.
	(2) The functions conferred or imposed on the Greater London Authority in relation to GLA roads shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.
	(3) Subsection (2) above does not apply in relation to any function expressly conferred or imposed on the London Assembly."

(2) In section 325 of the Highways Act 1980 (regulations, schemes and orders)-

(a) in subsection (1)(d) (power to confirm orders exercisable by statutory instrument, except as there mentioned) after "sections 14," there shall be inserted "14B,";

(b) in subsection (2)(b) (orders subject to negative parliamentary procedure) after "section" there shall be inserted "14A or".

(3) Section 326 of the Highways Act 1980 (revocation or variation of schemes and orders) shall be amended as follows.

(4) In subsection (2) (orders made otherwise than by statutory instrument) after "section 14," there shall be inserted "14B,".

(5) In subsection (6) (orders which may make consequential provision) after "section 14," there shall be inserted "14A, 14B,".

(6) In section 329 of the Highways Act 1980 (further provisions as to interpretation) in subsection (1), the following definition shall be inserted at the appropriate place-

""GLA road" shall be construed in accordance with section 14D(1) above;".

London borough councils

Exercise of powers so as to affect another authority's roads.

261. After section 301 of the Highways Act 1980 there shall be inserted-

	"London borough council affecting roads of another authority
London borough council exercising powers so as to affect another authority's roads.	301A. - (1) No London borough council shall exercise any power under this Act in a way which will affect, or be likely to affect,-
	(a) a GLA road, or
	(b) a road in another London borough,
	unless the requirements of subsections (2) and (3) below have been satisfied.
	(2) The first requirement is that the council has given notice of the proposal to exercise the power in the way in question-
	(a) to Transport for London; and
	(b) in a case where the road concerned is in another London borough, to the council for that borough.
	(3) The second requirement is that-
	(a) the proposal has been approved by Transport for London, in the case of a GLA road, or by the London borough council concerned, in the case of any other road; or
	(b) the period of one month beginning with the date on which Transport for London and, where applicable, the council received notice of the proposal has expired without Transport for London or the council having objected to the proposal; or
	(c) any objection made by Transport for London or the council has been withdrawn; or
	(d) where an objection has been made by Transport for London or a London borough council and not withdrawn, the Greater London Authority has given its consent to the proposal after consideration of the objection.
	(4) Before deciding whether to give any consent for the purposes of subsection (3)(d) above, the Greater London Authority may cause a public inquiry to be held.
	(5) If Transport for London has reason to believe-
	(a) that a London borough council is proposing to exercise a power under this Act in a way which will affect, or be likely to affect, a GLA road or a road in another London borough, and
	(b) that notice of the proposal is required to be, but has not been, given in accordance with subsection (2) above,
	Transport for London may give a direction to the council requiring it not to proceed with the proposal until the requirements of subsections (2) and (3) above have been satisfied.
	(6) If a London borough council exercises any power in contravention of this section, Transport for London may take such steps as it considers appropriate to reverse or modify the effect of the exercise of that power.
	(7) For the purposes of subsection (6) above, Transport for London shall have power to exercise any power of the London borough council on behalf of that council.
	(8) Any reasonable expenses incurred by Transport for London in taking any steps under subsection (6) above shall be recoverable by Transport for London from the London borough council concerned as a civil debt.
	(9) The Mayor of London may issue a direction dispensing with the requirements of subsections (2) and (3) above in such circumstances as may be specified in the direction.
	(10) A direction under subsection (9) above may, in particular, dispense with those requirements as respects-
	(a) all or any of the London borough councils;
	(b) all or any of the GLA roads;
	(c) all or any of the roads which are neither GLA roads nor trunk roads;
	(d) the exercise of such powers as may be specified in the direction in such manner or circumstances as may be so specified.
	(11) Any direction under subsection (9) above may be varied or revoked by a further direction under that subsection.
	(12) Any reference in this section to a GLA road includes a reference to a GLA side road, within the meaning of the Road Traffic Regulation Act 1984 (see sections 124A(9) and 142(1) of that Act).
	(13) In this section "road" means any length of highway or of any other road to which the public has access and includes bridges over which a road passes.
	(14) Subsection (13) above is without prejudice to the construction of references to GLA roads or GLA side roads.
	(15) The functions of the Greater London Authority under this section shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.
	(16) For the purposes of this section-
	(a) the City of London shall be treated as if it were a London borough;
	(b) the Common Council shall be treated as if it were the council for a London borough; and
	(c) the Inner Temple and the Middle Temple shall be treated as forming part of the City."

Miscellaneous and supplementary

Proposals for Royal Parks and highways: consultation.

262. After section 301A of the Highways Act 1980 there shall be inserted-

"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) above 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)".

Road humps.

263. - (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

(3) After section 90C there shall be inserted-

"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) above 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 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.

Traffic calming.

264. - (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

(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-

"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) below 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) At the end of section 90I there shall be inserted-

	"(2) Subsection (1) above 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 above."

Stopping up orders by London councils.

265. 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.

Prepared 27 October 1999