House of Lords Amendments - Greater London Authority Bill

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Session 1998-99
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Amendments to the Greater London Authority Bill

Greater London Authority Bill -
Amendments to be debated in the House of Lords
Here you can browse the Amendments to the Greater London Authority Bill to be moved on Third Reading in the House of Lords.

Clause 41

BY THE LORD GREENWAY
THE LORD CLINTON-DAVIS
THE LORD LUKE

     Page 25, line 29, at end insert (", and
(i)  the River Thames strategy prepared and published under section (The River Thames strategy) below")

     Page 26, line 4, leave out paragraph (d)

Clause 158

BY THE LORD WHITTY

     Page 96, line 30, after ("above") insert ("or by a transport subsidiary's agreement")

Clause 160

BY THE LORD WHITTY

     Page 98, line 4, at end insert--
("(c)  any person (other than such a subsidiary) with whom such a subsidiary has entered into a transport subsidiary's agreement, where the guarantee is given for the purpose of enabling that person to carry out the agreement.")

Clause 162

BY THE LORD WHITTY

     Page 99, line 19, after ("persons") insert ("under any transport subsidiary's agreement or")

After Clause 168

BY THE LORD WHITTY

     Insert the following new Clause--

    ("  .--(1)  In this Act "transport subsidiary's agreement" means an agreement with a person ("the contractor")--
(a)  which is entered into by, or transferred to, a subsidiary of Transport for London, and

(b)  which falls within subsection (2) or (3) below.
    (2)  An agreement falls within this subsection if it includes provision for the carrying on by the contractor, whether as agent for the subsidiary or otherwise, of any activities which Transport for London has power to carry on; and such an agreement may include provision with respect to the provision or financing of any public passenger transport services.

    (3)  An agreement falls within this subsection if it includes provision for the carrying on by the contractor of any activities which Transport for London does not have power to carry on and also provision for one or more of the following, namely--
(a)  the carrying on by the contractor of such activities as are mentioned in subsection (2) above;

(b)  the provision by the contractor to the subsidiary of services ancillary to the provision of public passenger transport services; and

(c)  the use by the contractor of land or other property owned by Transport for London or a subsidiary of Transport for London, or transferred to the contractor by Transport for London or a subsidiary of Transport for London, for the purposes of the agreement.")
Meaning of transport subsidiary's agreement.

Clause 173

BY THE LORD WHITTY

     Page 104, line 22, at end insert ("or in pursuance of a transport subsidiary's agreement")

Clause 175

BY THE LORD WHITTY

     Page 105, line 10, leave out from ("provided") to ("either") in line 13 and insert ("under--
(a)  an agreement entered into by Transport for London under section 156(2) or (3)(a) above, or

(b)  a transport subsidiary's agreement,
by a person other than a subsidiary of Transport for London, it shall be the duty of that person and the other party to the agreement in question,")

     Page 105, line 22, after ("above") insert ("or to a transport subsidiary's agreement")

Clause 177

BY THE LORD WHITTY

     Page 105, line 47, at end insert ("or in pursuance of a transport subsidiary's agreement")

Clause 180

BY THE LORD WHITTY

     Page 107, line 10, at end insert ("or in pursuance of a transport subsidiary's agreement")

Clause 181

BY THE LORD WHITTY

     Page 107, line 15, after ("above") insert ("or in pursuance of a transport subsidiary's agreement")

Clause 237

BY THE LORD WHITTY

     Page 144, line 25, at end insert ("or in pursuance of a transport subsidiary's agreement")

Clause 239

BY THE LORD WHITTY

     Page 145, line 33, at end insert ("or under a transport subsidiary's agreement")

Clause 245

BY THE LORD WHITTY

     Page 148, line 35, at end insert ("or in pursuance of a transport subsidiary's agreement")

Clause 260

BY THE LORD WHITTY

     Page 156, line 22, at end insert (", and
    (ii)  for "and 124" there shall be substituted ", 124 and 266B";")

     Page 156, line 28, at end insert (", and
    (ii)  for "or 124" there shall be substituted "124 or 266B";")

     Page 156, line 30, at end insert (", and
    (ii)  for "or 124" there shall be substituted ", 124 or 266B";")

After Clause 260

BY THE LORD WHITTY

     Insert the following new Clause--

    ("  .  After section 266 of the Highways Act 1980 there shall be inserted-- Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.
1980 c. 66.

Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.      266A.--(1)  This section applies where, by virtue of an order made by the Greater London Authority under section 14B(2) above, a highway or proposed highway becomes, or ceases to be, a GLA road.

    (2)  As from the operative date there are transferred to the new highway authority by virtue of this section--
(a)  the property mentioned in subsection (4) below, in so far as, immediately before the operative date, it was vested in the former highway authority for the purposes of their functions in relation to the transferred highway, and

(b)  all liabilities incurred by any such authority for the purposes of its functions in relation to the transferred highway and not discharged before the operative date, other than loans and loan charges,
and the property and liabilities so transferred vest, by virtue of this section, in the new highway authority.

    (3)  There is not transferred to the new highway authority by virtue of this section any right or liability in respect of--
(a)  work done, services rendered, goods delivered, or money due for payment, before the operative date, or

(b)  damages or compensation for any act or omission before that date, or

(c)  the price of, or compensation for, any land purchased, or for which a contract to purchase has been concluded, before that date.
    (4)  The property referred to in subsection (2)(a) above is--
(a)  land, other than land--

    (i)  vested in the former highway authority for the purpose of being used for the storage of materials required wholly or mainly for the maintenance and improvement of other highways, or

    (ii)  acquired for the improvement or development of frontages to the highway, or of land adjoining or adjacent to the highway, and

(b)  all other property (including unexpended balances of any grants paid by the Minister to the former highway authority), other than--

    (i)  materials to be used for the maintenance or improvement of the highway, and

    (ii)  the unexpended balances of any loans raised by the former highway authority.
    (5)  Any property vested in the new highway authority by virtue of this section shall be held by it subject to all covenants, conditions and restrictions subject to which the property was held by the former highway authority and to all liabilities affecting the property, except liabilities referred to in subsection (3) above.

    (6)  The new highway authority and the former highway authority may agree, on such terms as they think fit--
(a)  that any property or liabilities (except loans and loan charges) acquired or incurred by the former highway authority for the purposes of their functions in relation to the transferred highway, other than property or liabilities transferred to the new highway authority by virtue of this section, shall be transferred to the new highway authority, or

(b)  that any property or liabilities transferred to the new highway authority by virtue of this section shall be re-transferred to the former highway authority.
    (7)  Any dispute between the new highway authority and any other person as to the property or liabilities transferred by virtue of this section shall be determined by arbitration.

    (8)  Paragraphs 1 and 3 to 8 of Schedule 21 to this Act shall have effect for the purpose of providing for transitional matters arising where a highway or proposed highway becomes, or ceases to be, a GLA road as it applies where a highway becomes, or ceases to be, a trunk road; but in having such effect those paragraphs shall be treated as if--
(a)  for the references to a trunk road there were substituted references to a GLA road, and

(b)  for the references to the Minister there were substituted references to the new highway authority (within the meaning of this section).
    (9)  For the purposes of this section--
former highway authority" means the highway authority for the transferred highway immediately before the operative date;

new highway authority" means the highway authority for the transferred highway immediately after the operative date;

operative date" means the date on which the highway or proposed highway becomes, or ceases to be, a GLA road;

property" includes property, rights and powers of every description; and

transferred highway" means the highway or proposed highway which is the subject of the order under section 14B(2) above.".")

     Insert the following new Clause--

    ("  .  After section 266A of the Highways Act 1980 there shall be inserted-- Transfer of employees upon a highway becoming or ceasing to be a GLA road.
1980 c. 66.

Transfer of employees upon a highway becoming or ceasing to be a GLA road.      266B.--(1)  This section applies where, by virtue of an order made by the Greater London Authority under section 14B(2) above, a highway or proposed highway becomes, or ceases to be, a GLA road.

    (2)  The Greater London Authority may, if it is necessary in connection with the highway becoming, or ceasing to be, a GLA road, by order make schemes containing provision for or in connection with the transfer from the former highway authority to the new highway authority of rights and liabilities under contracts of employment.

    (3)  The rights and liabilities which may be transferred by such a scheme include rights and liablities which would not otherwise be capable of being transferred or assigned.

    (4)  Subsections (5) to (7) below apply where any rights or liabilities under a contract of employment are transferred by virtue of this Act.

    (5)  Anything done by or in relation to the former highway authority in respect of the employee before the day on which the transfer of the rights and liabilities takes effect shall be treated on and after that day as done by or in relation to the new highway authority.

    (6)  For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.

    (7)  For the purposes of that Act, the employee's period of employment with the former highway authority shall count as a period of employment with the new highway authority, and the change of employment shall not break the continuity of the period of employment.

    (8)  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.
    (9)  For the purposes of subsection (8) above, the relevant highway authority is--
(a)  in a case where the order under section 14B above directs that a highway or proposed highway shall become a GLA road, the former highway authority; and

(b)  in a case where the order directs that a GLA road shall cease to be such a road, the new highway authority."
    (10)  Section 266A(9) above also applies for the purposes of this section.".") 1996 c. 18.

© Parliamentary copyright 1999
Prepared 28 October 1999

Clause 41
BY THE LORD GREENWAY THE LORD CLINTON-DAVIS THE LORD LUKE
Page 25, line 29, at end insert (", and (i) the River Thames strategy prepared and published under section (The River Thames strategy) below")
Page 26, line 4, leave out paragraph (d)
Clause 158
BY THE LORD WHITTY
Page 96, line 30, after ("above") insert ("or by a transport subsidiary's agreement")
Clause 160
BY THE LORD WHITTY
Page 98, line 4, at end insert-- ("(c) any person (other than such a subsidiary) with whom such a subsidiary has entered into a transport subsidiary's agreement, where the guarantee is given for the purpose of enabling that person to carry out the agreement.")
Clause 162
BY THE LORD WHITTY
Page 99, line 19, after ("persons") insert ("under any transport subsidiary's agreement or")
After Clause 168
BY THE LORD WHITTY
Insert the following new Clause--
(" .--(1) In this Act "transport subsidiary's agreement" means an agreement with a person ("the contractor")-- (a) which is entered into by, or transferred to, a subsidiary of Transport for London, and (b) which falls within subsection (2) or (3) below. (2) An agreement falls within this subsection if it includes provision for the carrying on by the contractor, whether as agent for the subsidiary or otherwise, of any activities which Transport for London has power to carry on; and such an agreement may include provision with respect to the provision or financing of any public passenger transport services. (3) An agreement falls within this subsection if it includes provision for the carrying on by the contractor of any activities which Transport for London does not have power to carry on and also provision for one or more of the following, namely-- (a) the carrying on by the contractor of such activities as are mentioned in subsection (2) above; (b) the provision by the contractor to the subsidiary of services ancillary to the provision of public passenger transport services; and (c) the use by the contractor of land or other property owned by Transport for London or a subsidiary of Transport for London, or transferred to the contractor by Transport for London or a subsidiary of Transport for London, for the purposes of the agreement.")		Meaning of transport subsidiary's agreement.
Clause 173
BY THE LORD WHITTY
Page 104, line 22, at end insert ("or in pursuance of a transport subsidiary's agreement")
Clause 175
BY THE LORD WHITTY
Page 105, line 10, leave out from ("provided") to ("either") in line 13 and insert ("under-- (a) an agreement entered into by Transport for London under section 156(2) or (3)(a) above, or (b) a transport subsidiary's agreement, by a person other than a subsidiary of Transport for London, it shall be the duty of that person and the other party to the agreement in question,")
Page 105, line 22, after ("above") insert ("or to a transport subsidiary's agreement")
Clause 177
BY THE LORD WHITTY
Page 105, line 47, at end insert ("or in pursuance of a transport subsidiary's agreement")
Clause 180
BY THE LORD WHITTY
Page 107, line 10, at end insert ("or in pursuance of a transport subsidiary's agreement")
Clause 181
BY THE LORD WHITTY
Page 107, line 15, after ("above") insert ("or in pursuance of a transport subsidiary's agreement")
Clause 237
BY THE LORD WHITTY
Page 144, line 25, at end insert ("or in pursuance of a transport subsidiary's agreement")
Clause 239
BY THE LORD WHITTY
Page 145, line 33, at end insert ("or under a transport subsidiary's agreement")
Clause 245
BY THE LORD WHITTY
Page 148, line 35, at end insert ("or in pursuance of a transport subsidiary's agreement")
Clause 260
BY THE LORD WHITTY
Page 156, line 22, at end insert (", and (ii) for "and 124" there shall be substituted ", 124 and 266B";")
Page 156, line 28, at end insert (", and (ii) for "or 124" there shall be substituted "124 or 266B";")
Page 156, line 30, at end insert (", and (ii) for "or 124" there shall be substituted ", 124 or 266B";")
After Clause 260
BY THE LORD WHITTY
Insert the following new Clause--
(" . After section 266 of the Highways Act 1980 there shall be inserted--		Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road. 1980 c. 66.
Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.	266A.--(1) This section applies where, by virtue of an order made by the Greater London Authority under section 14B(2) above, a highway or proposed highway becomes, or ceases to be, a GLA road. (2) As from the operative date there are transferred to the new highway authority by virtue of this section-- (a) the property mentioned in subsection (4) below, in so far as, immediately before the operative date, it was vested in the former highway authority for the purposes of their functions in relation to the transferred highway, and (b) all liabilities incurred by any such authority for the purposes of its functions in relation to the transferred highway and not discharged before the operative date, other than loans and loan charges, and the property and liabilities so transferred vest, by virtue of this section, in the new highway authority. (3) There is not transferred to the new highway authority by virtue of this section any right or liability in respect of-- (a) work done, services rendered, goods delivered, or money due for payment, before the operative date, or (b) damages or compensation for any act or omission before that date, or (c) the price of, or compensation for, any land purchased, or for which a contract to purchase has been concluded, before that date. (4) The property referred to in subsection (2)(a) above is-- (a) land, other than land-- (i) vested in the former highway authority for the purpose of being used for the storage of materials required wholly or mainly for the maintenance and improvement of other highways, or (ii) acquired for the improvement or development of frontages to the highway, or of land adjoining or adjacent to the highway, and (b) all other property (including unexpended balances of any grants paid by the Minister to the former highway authority), other than-- (i) materials to be used for the maintenance or improvement of the highway, and (ii) the unexpended balances of any loans raised by the former highway authority. (5) Any property vested in the new highway authority by virtue of this section shall be held by it subject to all covenants, conditions and restrictions subject to which the property was held by the former highway authority and to all liabilities affecting the property, except liabilities referred to in subsection (3) above. (6) The new highway authority and the former highway authority may agree, on such terms as they think fit-- (a) that any property or liabilities (except loans and loan charges) acquired or incurred by the former highway authority for the purposes of their functions in relation to the transferred highway, other than property or liabilities transferred to the new highway authority by virtue of this section, shall be transferred to the new highway authority, or (b) that any property or liabilities transferred to the new highway authority by virtue of this section shall be re-transferred to the former highway authority. (7) Any dispute between the new highway authority and any other person as to the property or liabilities transferred by virtue of this section shall be determined by arbitration. (8) Paragraphs 1 and 3 to 8 of Schedule 21 to this Act shall have effect for the purpose of providing for transitional matters arising where a highway or proposed highway becomes, or ceases to be, a GLA road as it applies where a highway becomes, or ceases to be, a trunk road; but in having such effect those paragraphs shall be treated as if-- (a) for the references to a trunk road there were substituted references to a GLA road, and (b) for the references to the Minister there were substituted references to the new highway authority (within the meaning of this section). (9) For the purposes of this section-- former highway authority" means the highway authority for the transferred highway immediately before the operative date; new highway authority" means the highway authority for the transferred highway immediately after the operative date; operative date" means the date on which the highway or proposed highway becomes, or ceases to be, a GLA road; property" includes property, rights and powers of every description; and transferred highway" means the highway or proposed highway which is the subject of the order under section 14B(2) above.".")
Insert the following new Clause--
(" . After section 266A of the Highways Act 1980 there shall be inserted--		Transfer of employees upon a highway becoming or ceasing to be a GLA road. 1980 c. 66.
Transfer of employees upon a highway becoming or ceasing to be a GLA road.	266B.--(1) This section applies where, by virtue of an order made by the Greater London Authority under section 14B(2) above, a highway or proposed highway becomes, or ceases to be, a GLA road. (2) The Greater London Authority may, if it is necessary in connection with the highway becoming, or ceasing to be, a GLA road, by order make schemes containing provision for or in connection with the transfer from the former highway authority to the new highway authority of rights and liabilities under contracts of employment. (3) The rights and liabilities which may be transferred by such a scheme include rights and liablities which would not otherwise be capable of being transferred or assigned. (4) Subsections (5) to (7) below apply where any rights or liabilities under a contract of employment are transferred by virtue of this Act. (5) Anything done by or in relation to the former highway authority in respect of the employee before the day on which the transfer of the rights and liabilities takes effect shall be treated on and after that day as done by or in relation to the new highway authority.
	(6) For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer. (7) For the purposes of that Act, the employee's period of employment with the former highway authority shall count as a period of employment with the new highway authority, and the change of employment shall not break the continuity of the period of employment. (8) 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. (9) For the purposes of subsection (8) above, the relevant highway authority is-- (a) in a case where the order under section 14B above directs that a highway or proposed highway shall become a GLA road, the former highway authority; and (b) in a case where the order directs that a GLA road shall cease to be such a road, the new highway authority." (10) Section 266A(9) above also applies for the purposes of this section.".")	1996 c. 18.