House of Lords Amendments - Greater London Authority Bill

Greater London Authority Bill - Amendments to be debated in the House of Lords - continued	House of Lords
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	After Clause 260
	BY THE LORD WHITTY
66	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.".")
67	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.
	Clause 267
	BY THE LORD JENKIN OF RODING
68	Page 162, line 16, after second ("roads") insert ("or part or parts thereof")
69	Page 162, line 18, after second ("road") insert ("or part of a road")
70	Page 162, line 22, leave out from ("road") to end of line 23
71	Page 162, line 32, at end insert-- ("( ) The Secretary of State may not designate as a GLA side road any road or proposed road or any part or parts thereof situated at a distance greater than 20 metres from any part of the junction of that road or proposed road with a GLA road, without the consent in writing of the highway authority.")
	Clause 290
	BY THE LORD BRABAZON OF TARA THE BARONESS MILLER OF HENDON THE LORD DIXON-SMITH
72	Page 181, line 44, at end insert-- ("(4) Subject to subsection (6) below, any charging scheme established pursuant to this section shall cease to take effect and may not be revived if at any time after 12 months from the commencement of the charging scheme there is not in existence a scheme to improve transport arrangements (including schemes to assist the movement of pedestrians) within Greater London ("an improvement scheme") in the operation or establishment of which the net proceeds of the charging scheme (within the meaning given it in Schedule 22) are applied. (5) For the purposes of subsection (4), an improvement scheme shall be regarded as coming into existence on the commencement of works to give effect to the improvement scheme and shall be regarded as terminating when the improved arrangements in question first become available for use by the public. (6) Subsection (4) above shall not apply at any time if, in the preceding four years ended on the day in question, a ballot of the residents of the area to which the charging scheme applies resulted in a vote in favour of the continuation of the charging scheme by a majority notwithstanding that there might be no improvement scheme in place.")
	Clause 291
	BY THE LORD BRABAZON OF TARA THE BARONESS MILLER OF HENDON THE LORD DIXON-SMITH
73	Page 182, line 8, at end insert-- ("(3) Subject to subsection (5) below, any licensing scheme established pursuant to this section shall cease to take effect and may not be revived if at any time after 12 months from the commencement of the licensing scheme there is not in existence a scheme to improve transport arrangements (including schemes to assist the movement of pedestrians) within Greater London ("an improvement scheme") in the operation or establishment of which the net proceeds of the licensing scheme (within the meaning given it in Schedule 23) are applied. (4) For the purposes of subsection (3), an improvement scheme shall be regarded as coming into existence on the commencement of works to give effect to the improvement scheme and shall be regarded as terminating when the improved arrangements in question first become available for use by the public. (5) Subsection (3) above shall not apply at any time if, in the preceding four years ended on the day in question, a ballot of the residents of the area to which the licensing scheme applies resulted in a vote in favour of the continuation of the licensing scheme by a majority notwithstanding that there might be no improvement scheme in place.")
	Clause 339
	BY THE LORD BRABAZON OF TARA THE BARONESS MILLER OF HENDON THE LORD DIXON-SMITH
74	Page 206, line 10, leave out subsection (9)
	Clause 365
	BY THE LORD WHITTY
75	Page 220, line 28, leave out subsection (4) and insert-- ("(4) Noise falls within this subsection if it is--
	(a) noise emitted from works falling within section 60(1) of the Control of Pollution Act 1974 (construction works etc. which may be controlled by a local authority);	1974 c. 40.
	(b) noise caused by the operation of a loud-speaker in a street, whether or not the operation would be a contravention of section 62(1) of the Control of Pollution Act 1974 (loud-speaker not to be operated in the street during certain hours);	1974 c. 40.
	(c) noise at work which, under or by virtue of the Health and Safety at Work Act 1974, it is the duty of an employer to control; or
	(d) noise emitted from premises or emitted from or caused by a vehicle, machinery or equipment in a street, except noise caused by aircraft other than model aircraft or noise made by traffic; but noise does not fall within this subsection if it is noise from a fixed industrial source.	1974 c. 37.
	(4A) Expressions used in paragraph (d) of subsection (4) above and in section 79 of the Environmental Protection Act 1990 have the same meaning in that paragraph as they have in that section.")	1990 c. 43.
	BY THE BARONESS HAMWEE THE LORD TOPE [Amendments 76 to 79 are amendments to Amendment 75]
76*	Line 3, leave out paragraph (a)
77*	Line 6, leave out paragraph (b)
78*	Line 12, leave out paragraph (d)
79*	Leave out lines 15 and 16
	Clause 372
	BY THE BARONESS HAMWEE THE LORD TOPE
80	Page 223, line 15, leave out ("financial")
81	Page 223, line 21, leave out second ("the")
	Clause 373
	BY THE BARONESS HAMWEE THE LORD TOPE
82	Page 224, line 17, leave out ("financial")
83	Page 224, line 23, leave out second ("the")
	After Clause 374
	BY THE LORD WHITTY
84	Insert the following new Clause--
	(" .--(1) Any function exercisable on behalf of the Authority by the Mayor under or by virtue of this Part shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor. (2) Those bodies and persons are-- (a) the Deputy Mayor; (b) any member of staff of the Authority; (c) the Cultural Strategy Group for London; (d) the London Development Agency; (e) the Common Council; (f) any local authority. (3) In the case of the Common Council or a local authority, an authorisation under this section-- (a) may only be granted or varied with its written consent; and (b) shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor. (4) Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above. (5) Subsection (4) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by-- (a) a committee or sub-committee, or a member, officer or employee, of the body or person, or (b) a joint committee on which the person or body is represented, except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide. (6) Subsection (1) above does not apply-- (a) in relation to functions under this section; or (b) in relation to any function of making byelaws under section 379(1) below. (7) An authorisation under subsection (1) above which relates to-- (a) any function under section 371 above; or (b) the exercise of any function under or by virtue of section 377(1) or 378(3) below to the extent that it involves a determination as to whether to permit a public demonstration to take place in Trafalgar Square or Parliament Square Garden; may only be given to the Deputy Mayor or a member of staff of the Authority. (8) An authorisation under subsection (1) above which relates to any function of enforcing any byelaws made under section 379(1) below may only be given-- (a) to the Deputy Mayor, (b) to any member of staff of the Authority, (c) to the Common Council, (d) to any local authority. (9) Each of the following bodies, namely-- (a) the Cultural Strategy Group for London, (b) the London Development Agency, (c) the Common Council, (d) any local authority, shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.	Delegation of Authority's functions.
	(10) Subsections (3) and (4) of section 101 of the Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation under subsection (1) above given by the Mayor-- (a) to a local authority, (b) to the Cultural Strategy Group for London, or (c) to the London Development Agency, as they apply to arrangements under that section between one local authority and another. (11) An authorisation under this section may be varied or revoked at any time by the Mayor. (12) Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing. (13) In this section--	1972 c. 70.
	Trafalgar Square" has the same meaning as in the Trafalgar Square Act 1844; Parliament Square Garden" means the central garden of Parliament Square, within the meaning of section 378 below.")	1844 c. 60.



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