Greater London Authority Bill

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

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CHAPTER XIV

ROAD TRAFFIC

Transport for London as a traffic authority

Transport for London to be the traffic authority for GLA roads etc.

266. - (1) Section 121A of the Road Traffic Regulation Act 1984 (traffic authorities) shall be amended as follows.

(2) After subsection (1) there shall be inserted-

"(1A) Transport for London is the traffic authority for every GLA road."

(3) In subsection (2) (London borough council or Common Council to be traffic authority for roads in the borough or the City for which the Secretary of State is not the traffic authority) after "in the City" there shall be inserted "which are not GLA roads and".

GLA side roads.

267. After section 124 of the Road Traffic Regulation Act 1984 there shall be inserted-

"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;
	(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
	(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."

Power to place traffic signs in connection with GLA roads etc.

268. - (1) Section 73 of the Road Traffic Regulation Act 1984 (powers and duties of local traffic authorities in Greater London in respect of traffic signs) shall be amended as follows.

(2) In subsection (1) (power to fix traffic signs to lamp-posts etc in connection with orders under section 6 or 9)-

(a) after "proposed by them," there shall be inserted "Transport for London,";

(b) the words "in their area" shall be omitted; and

(3) After subsection (1) there shall be inserted-

	"(1A) In connection with any GLA road, Transport for London may-
	(a) exercise, as respects any road in Greater London which is neither a trunk road nor a GLA road, any powers exercisable by the traffic authority for that road in connection with the placing of traffic signs on or near that road in pursuance of section 65 of this Act; and
	(b) affix any such sign to any lamp-post or other structure in the highway, whether or not belonging to Transport for London.
	(1B) The power conferred by subsection (1A) above shall be exercisable-
	(a) in connection with any order under section 6 or 9 of this Act made or proposed to be made by Transport for London; or
	(b) in any other circumstances.
	(1C) Before exercising the power conferred by subsection (1A) above, Transport for London shall consult the traffic authority for the road on or near which Transport for London proposes to place the traffic sign."

(4) In subsection (2) (duty of London borough council and Common Council as to maintenance, alteration and removal of traffic signs in their area)-

(a) for "their area" there shall be substituted "Greater London"; and

(b) for "the council of a London borough and of the Common Council of the City of London" there shall be substituted "the appropriate traffic authority".

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

"(2A) For the purposes of subsection (2) above, "the appropriate traffic authority", in the case of any traffic sign, is the authority which is the traffic authority for the road as respects which the order under section 6 or 9 of this Act is made in connection with which the traffic sign is required."

(6) At the end of the section there shall be inserted-

	"(6) The powers of Transport for London exercisable under subsection (1A) above by virtue of subsection (1B)(b) above shall extend to the removal or repositioning of any traffic sign on or near the road in question, whether placed by Transport for London or not.
	(7) On the removal or repositioning by Transport for London of any such traffic sign placed by another authority, the traffic sign shall vest in Transport for London.
	(8) Except-
	(a) with the consent of Transport for London, or
	(b) in pursuance of a direction under section 65(2) of this Act,
	the traffic authority for a road shall not remove, alter or in any way interfere with any traffic sign placed or repositioned on or near the road by Transport for London by virtue of subsection (1B)(b) above."

(7) In consequence of the provisions of this section, the sidenote to the section becomes "Powers and duties of local traffic authorities in Greater London in respect of traffic signs."

Power to affix traffic signs to walls.

269. - (1) Section 74 of the Road Traffic Regulation Act 1984 (affixing of signs to walls) shall be amended as follows.

(2) In subsection (1) (which confers the power)-

(a) before "the council of a London borough" there shall be inserted "Transport for London and"; and

(b) after "shall" there shall be inserted "each".

(3) After subsection (1) there shall be inserted-

"(1A) Subsections (2) to (7) below shall apply in relation to Transport for London as they apply in relation to a London borough council."

(4) In subsection (8) (no derogation from certain other powers) after "the powers of" there shall be inserted "Transport for London or".

Traffic control systems

Transfer of London Traffic Control System to Transport for London.

270. - (1) So far as relating to-

(a) GLA roads, and

(b) roads in Greater London which are neither GLA roads nor trunk roads,

the functions transferred to the Secretary of State by orders under paragraph 10 of Schedule 5 to the Local Government Act 1985 are transferred to Transport for London by this subsection.

(2) The functions referred to in subsection (1) above are the functions conferred by sections 65, 73, 74 and 75 of the Road Traffic Regulation Act 1984 in respect of traffic signs which are traffic light signals controlling the movement of any class of road traffic (including pedestrians).

(3) Any expenses reasonably incurred by or on behalf of Transport for London in the exercise, in relation to roads which are not GLA roads, of the functions transferred by this section may be recovered by Transport for London from the London borough councils and the Common Council in such proportions as may be agreed between Transport for London and those authorities or, in default of agreement, as may be determined by Transport for London.

(4) Any reference in this section to a GLA road includes a reference to a GLA side road.

London borough councils and the London traffic control system.

271. After section 74 of the Road Traffic Regulation Act 1984 there shall be inserted-

"London borough councils and the London traffic control system.	74A. - (1) If a London borough council requests Transport for London to provide any new traffic light installations for a road in Greater London which is neither a GLA road nor a trunk road, Transport for London shall approve and carry out the work unless it considers that there are reasonable grounds for refusing to do so.
	(2) If Transport for London and a London borough council so agree, Transport for London may make a scheme transferring to the council-
	(a) any part of the London traffic control system, and
	(b) the power to maintain and operate that part of the system.
	(3) The council for a London borough may, with the approval of Transport for London, buy, own, maintain and operate new traffic light installations for any road in the borough other than a trunk road.
	(4) Where the powers conferred by subsection (2) or (3) above are exercised, the London borough council concerned shall, as respects the traffic signs comprised in-
	(a) the part of the London traffic control system transferred by the scheme under subsection (2) above, or
	(b) the traffic light installations referred to in subsection (3) above,
	be treated (to the exclusion of Transport for London) as the traffic authority for all roads in Greater London (other than trunk roads) on or near which those traffic signs are placed.
	(5) Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between Transport for London and the council concerned.
	(6) 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.
	(7) In this section-
	"the London traffic control system" means the traffic control system which Transport for London has power to operate by virtue of the functions transferred to it-
	(a) by section 270 of the Greater London Authority Act 1999; 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;
	"traffic control system" means a system for controlling the movement of vehicular traffic or of pedestrians by means of traffic light installations;
	"traffic light installations" means-
	(a) traffic signs which are light signals for controlling the movement of vehicular traffic or of pedestrians; or
	(b) any installations or apparatus used in connection with the operation of any such traffic signs.
	(8) 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."

Transfer of traffic control systems between Secretary of State and Transport for London.

272. After section 74A of the Road Traffic Regulation Act 1984 there shall be inserted-

"Transfer of traffic control systems between Secretary of State and Transport for London.	74B. - (1) If the Secretary of State and Transport for London so agree, the Secretary of State may make a scheme transferring to Transport for London-
	(a) the traffic control system for a trunk road in Greater London; and
	(b) the power to maintain and operate that system.
	(2) If Transport for London and the Secretary of State so agree, Transport for London may make a scheme transferring to the Secretary of State-
	(a) the London traffic control system; and
	(b) the power to maintain and operate that system.
	(3) If, in a case where a traffic control system has been transferred under this section, the transferee and the transferor so agree, the transferee may make a scheme transferring back to the transferor the system and the power to maintain and operate it.
	(4) A scheme under subsection (1), (2) or (3) above may make provision for the transferee to be treated (to the exclusion of the transferor), as respects the traffic signs comprised in the traffic control system transferred, as the traffic authority for specified roads in Greater London on or near which those traffic signs are placed.
	(5) Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between the Secretary of State and Transport for London.
	(6) Any reference in this section to a traffic control system includes a reference to part of a traffic control system.
	(7) Expressions used in this section and in section 74A above have the same meaning in this section as they have in that section."

Traffic authority for certain traffic signs in Greater London.

273. After section 74B of the Road Traffic Regulation Act 1984 there shall be inserted-

"The traffic authority for traffic signs.	74C. - (1) This section has effect for the purposes of sections 65, 73, 74, 74A, 74B and 75 of this Act.
	(2) In the application of those provisions to traffic signs in Greater London which are light signals for controlling the movement of vehicular traffic or of pedestrians, Transport for London shall at all times be deemed to be the traffic authority for all roads in Greater London other than trunk roads.
	(3) Without prejudice to the powers of the traffic authority for the road in question, Transport for London shall also be deemed to be the traffic authority for any road in Greater London for which they are not in fact the traffic authority for the purposes of the exercise by them as respects that road under section 73(1A) above of any powers exercisable by the traffic authority for that road.
	(4) Subsections (2) and (3) above are subject to any provision to the contrary made by or under section 74A or 74B of this Act."

Road safety and traffic reduction

Road safety information and training.

274. - (1) Section 39 of the Road Traffic Act 1988 (powers of Secretary of State and local authorities as to giving road safety information and training) shall be amended as follows.

(2) For subsection (2) (duty of local authority to prepare and carry out measures to promote road safety etc) there shall be substituted-

	"(2) Each relevant authority-
	(a) if it is a local authority, must prepare and carry out a programme of measures designed to promote road safety, or
	(b) if it is Transport for London, may prepare and carry out such a programme,
	and may contribute towards the cost of measures for promoting road safety taken by other authorities or bodies."

(3) In subsection (3) (duty of local authority to carry out and act upon studies into accidents arising out of the use of vehicles on roads in their area, other than trunk roads) for the words preceding paragraph (a) there shall be substituted "Each relevant authority- ".

(4) In paragraph (a) of that subsection (the duty to carry out the studies)-

(a) after "use of vehicles" there shall be inserted-

"(i) if it is a local authority,";

(b) after "other than" there shall be inserted "GLA roads or"; and

(ii) if it is Transport for London, on GLA roads or parts of GLA roads,".

(5) After subsection (3) there shall be inserted-

	"(3A) The duties imposed by subsection (3) above are without prejudice to the generality of subsection (2) above and-
	(a) in the case of a local authority, are to be discharged in pursuance of their duty under subsection (2)(a) above; and
	(b) in the case of Transport for London, are to be discharged by exercising their powers under subsection (2)(b) above."

(6) In subsection (4) (definitions) the following definitions shall be inserted at the appropriate places-

""GLA road" has the same meaning as in the Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);";

""relevant authority" means a local authority or Transport for London;".

Prepared 27 October 1999