Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

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(2) Transport for London may, for the purposes of discharging any of its functions, guarantee to discharge any financial obligation incurred or to be incurred by any person for the purposes of--

(a) an undertaking carried on by him; or

(b) where the person is a body corporate, an undertaking carried on by a subsidiary of that body corporate.

(3) A guarantee under this section may be subject to such conditions as Transport for London considers appropriate.

(4) Transport for London may enter into arrangements with another person under which that person gives a guarantee which Transport for London has power to give under this section.

(5) Where Transport for London enters into arrangements by virtue of subsection (4) above, the arrangements may provide for Transport for London to indemnify the person who gives the guarantee.

(6) This section is without prejudice to any other power of Transport for London.

Reports and information

161 Annual report

(1) Transport for London shall, as soon as possible after the end of each financial year, make to the Authority a report on the exercise and performance by Transport for London of its functions during the year.

(2) The report shall deal with--

(a) the contribution made by Transport for London towards the implementation of the transport strategy;

(b) the activities of any subsidiaries of Transport for London, so far as relevant to the performance of the functions of Transport for London during the year in question;

(d) any guarantees given under section 160(1) or (2) above;

(e) any arrangements entered into under section 160(4) above; and

(f) any indemnities given by virtue of section 160(5) above.

(3) The report made under this section in respect of any financial year shall include such information as the Mayor may from time to time specify in writing with respect to any matter the report is required to deal with by virtue of subsection (1) or (2) above.

(4) Transport for London shall publish any report made under this section.

(5) A copy of any report made under this section shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.

(6) A copy of any report made under this section, or any part of any such report, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.

(7) In this section "the appropriate period" in the case of a report under this section is the period of six years beginning with the date of publication of the report pursuant to this section.

162 Provision of information

(1) Transport for London shall make available such information as it thinks fit which--

(a) relates to public passenger transport services provided to, from and within Greater London, and

(b) is required by members of the general public to assist in deciding what use to make of such services.

(2) The information shall be made available, in such manner as Transport for London thinks fit, to--

(a) the general public, and

(b) such other persons as Transport for London thinks fit.

(3) Transport for London may make such charges as it thinks fit for information which it makes available; but no such charge may be made if the information relates to public passenger transport services provided exclusively--

(a) by Transport for London or any of its subsidiaries, or

(b) by other persons under any transport subsidiary's agreement or under agreements entered into under section 156(2) or (3) above.

Property and subsidiaries

163 Restrictions on disposal of land

(1) Neither Transport for London nor the Authority shall by virtue of any provision of this Act--

(a) dispose of the freehold interest in any land which is or has been operational land, or

(b) grant a leasehold interest in such land for a term of more than fifty years,

without the consent of the Secretary of State.

(2) Where an estate or interest in, or right over, any land which is or has been operational land is vested in a company which is a subsidiary of Transport for London, Transport for London shall not, without the consent of the Secretary of State, enter into any transaction or series of transactions the result of which would be that the company would cease to be a subsidiary of Transport for London.

(3) Consent is not required under this section by reason of any land having been operational land if a period of at least five years has elapsed since the land was last operational land.

(4) The Secretary of State may by order amend subsection (3) above by substituting a different period for that for the time being there specified.

(5) Any consent of the Secretary of State under this section--

(a) may be given in relation to any particular transaction or description of transactions; and

(b) may be given subject to conditions.

(6) Consent given under this section shall be given in an order made by the Secretary of State.

(7) Any question whether land is operational land within the meaning of this section shall be determined by the Secretary of State.

(8) In this section--

"operational land" means--
(a)
land which is used for the purpose of carrying on any railway or tramway undertaking of Transport for London's or of a subsidiary of Transport for London's; and
(b)
land in which an interest is held for that purpose;

but paragraphs (a) and (b) above do not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of a railway or tramway undertaking;
"railway" and "tramway" shall be construed in accordance with section 67 of the [1992 c. 42.] Transport and Works Act 1992.

(9) For the purposes of this section, land--

(a) which has at any time been used, or

(b) in which an interest has at any time been held,

for the purpose of carrying on a railway or tramway undertaking of London Regional Transport's, or of a subsidiary of London Regional Transport's, shall be treated as if that undertaking had at that time been an undertaking of Transport for London's or of a subsidiary of Transport for London's (and any question whether the land was, or had ceased to be, operational land at any time shall be determined accordingly).

164 Control of subsidiaries

The powers of the Authority and the powers of Transport for London shall be exercised so as to ensure that a subsidiary of Transport for London--

(a) does not do anything which Transport for London has no power to do (including anything which Transport for London has no power to do because the consent of the Secretary of State has not been obtained),

(b) does not do anything which the Mayor has directed Transport for London not to do, and

(c) does not, except with the consent of the Mayor, raise money by the issue of shares or stock to any person other than Transport for London or any other subsidiary of Transport for London.

165 Distribution of property, rights and liabilities

(1) Transport for London may make schemes for the transfer of property, rights and liabilities--

(a) between Transport for London and any subsidiary of Transport for London; or

(b) between any subsidiary of Transport for London and any other such subsidiary.

(2) A scheme under this section shall not take effect unless and until it has been approved by the Mayor.

(3) Where a scheme under this section is submitted to the Mayor for his approval, he may, after consultation with Transport for London, modify the scheme before approving it.

(4) Schedule 12 to this Act (which makes further provision in relation to schemes under this section) shall have effect.

Functions relating to legislation

166 Procedure for making byelaws

(1) Section 236 of the [1972 c. 70.] Local Government Act 1972 (procedure for byelaws) shall be amended as follows.

(2) In subsection (1) after the words "the Greater London Authority" (which are inserted by section 76(2) above) there shall be inserted ",Transport for London".

(3) After subsection (10B) (which is inserted by section 76(3) above) there shall be inserted--

" (10C) Transport for London shall send a copy of every byelaw made by it, and confirmed, to--

(a) the Mayor of London;

(b) each London Borough Council; and

167 Power of Transport for London to promote or oppose Bills in Parliament

(1) Transport for London--

(a) may promote a local Bill in Parliament; and

(b) may oppose any local Bill in Parliament.

(2) Subsection (1)(a) above applies only if the Authority--

(a) gives its written consent to the Bill; and

(b) confirms that consent in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.

(3) If the Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to Transport for London, which shall take all necessary steps for the withdrawal of the Bill.

(4) If the Authority, in giving notice under subsection (3) above, states that it confirms its consent to the Bill if provisions specified in the notice are omitted or are amended as so specified, Transport for London may, instead of withdrawing the Bill pursuant to subsection (3) above, take all necessary steps for the omission or, as the case may be, the amendment of the provisions in question in accordance with the notice.

(5) Without prejudice to subsections (2) to (4) above, the functions conferred on Transport for London by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule 13 to this Act.

(6) Subsection (1)(b) above applies only if the Authority gives its written consent to Transport for London to oppose the Bill.

(7) If--

(a) Transport for London deposits a petition against a Bill in Parliament, but

(b) the consent required by subsection (6) above has not been given before the end of the period of 30 days following the day on which the petition is deposited,

Transport for London shall take all necessary steps for the withdrawal of the petition.

(8) The functions conferred or imposed on the Authority by this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

(9) Before exercising the functions conferred on the Authority by subsection (2)(a) or (b), (4) or (6) above, the Mayor shall consult the Assembly.

168 Orders under the Transport and Works Act 1992

(1) Section 20 of the [1992 c. 42.] Transport and Works Act 1992 (power to apply for, or object to, orders) shall be amended as follows.

(2) In subsection (2) (powers to be subject to the like conditions as powers to promote or oppose Bills) after "except as provided by subsection (3)" there shall be inserted "or (4)".

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

" (4) In the case of Transport for London--

(a) the powers conferred by subsection (1) above shall be exercisable with the written consent of the Mayor of London; and

(b) subsection (2) above shall not have effect. "

Interpretation

169 Meaning of "transport subsidiary's agreement"

(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.

Chapter III London Regional Transport

170 Powers of disposal

(1) Section 9 of the [1984 c. 32.] London Regional Transport Act 1984 (powers of disposal) shall be amended as follows.

(2) In subsection (1)(a) (power to dispose of securities of one of their subsidiaries) for "one of their subsidiaries" there shall be substituted "any subsidiary of theirs".

(3) At the end of the section there shall be added--

" (8) In this section--

"disposal" means disposal--
(a)
by way of sale, exchange or lease,
(b)
by way of the grant of any option or the creation of any easement, right or privilege, or
(c)
in any other manner, except by way of appropriation or mortgage,

and "dispose of" shall be construed accordingly;
"lease" includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage. "

171 Power to give guarantees

(1) Section 17 of the [1984 c. 32.] London Regional Transport Act 1984 (power of London Regional Transport to give financial assistance to subsidiaries and other bodies or persons) shall be amended as follows.

(2) In subsection (2) after "section 3(2)" there shall be inserted "or (2A)".

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

" (3A) London Regional Transport may enter into arrangements with another person under which that person gives a guarantee which London Regional Transport has power to give under this section.

(3B) Where London Regional Transport enters into arrangements by virtue of subsection (3A) above, the arrangements may provide for London Regional Transport to indemnify the person who gives the guarantee. "

172 Supplementary provisions with respect to transfer schemes

(1) Section 27 of the [1984 c. 32.] London Regional Transport Act 1984 (supplementary provisions with respect to transfer schemes) shall be amended as follows.

(2) In subsection (9) (modifications of Schedule 4 to the Transport Act 1968 in its application by subsection (8)) the word "and" at the end of paragraph (a) shall be omitted and after that paragraph there shall be inserted--

" (aa) the reference in paragraph 1(1) to all property, rights and liabilities comprised in a specified part of the transferor's undertaking shall be read as including a reference to all such property, rights and liabilities subject to such exceptions as may be specified or described, or otherwise provided for, by the transfer scheme in question;

(ab) the reference in paragraph 13(1) to requiring the consent or concurrence of any person shall be read as including--

(i) a reference to being (and, where applicable, continuing after the transaction) in breach of any condition, requirement or restriction, and

(ii) a reference to any relevant right or option operating or becoming exercisable,

(and any such relevant right or option shall accordingly have effect as if the transferee were the same person in law as the transferor and no transaction had taken place); and " .

(3) After subsection (9) there shall be inserted--

" (10) In subsection (9)(ab) above "relevant right or option" means any right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property, or any right to terminate or vary a contract. "

Chapter IV Public passenger transport

173 Provision of public passenger transport

(1) Transport for London may provide or secure the provision of public passenger transport services to, from or within Greater London.

(2) Without prejudice to section 176 below, any agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above may in particular provide for--

(a) combined services for the through carriage of passengers or goods to be provided by Transport for London or any of its subsidiaries and any other party to the agreement, the quoting of through rates and the pooling of receipts and expenses in respect of such services;

(b) securing efficiency, economy and safety of operation in the provision of any public passenger transport services in pursuance of the agreement;

(c) the exercise by Transport for London, in accordance with the agreement, of control over fares in respect of any such services and their routes and frequency of operation and over charges in respect of any other facilities provided in pursuance of the agreement; and

(d) the making of payments by Transport for London to any other party to the agreement.

174 Structure of fares and services

(1) The Mayor shall exercise his powers under section 155(1) above so as ensure that the matters specified in subsection (2) below are determined.

(2) The matters mentioned in subsection (1) above are--

(a) the general level and structure of the fares to be charged for public passenger transport services provided by Transport for London or by any other person in pursuance of any agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary's agreement;

(b) the general structure of routes of such services and the general level of provision to be made with respect to their frequency of operation; and

175 Co-operation with the Franchising Director

(1) It shall be the duty of Transport for London (either acting directly, or acting through a subsidiary) and the Franchising Director to co-operate with one another in the exercise and performance of their respective functions for the purpose--

(a) of co-ordinating the passenger transport services for persons travelling to, from and within Greater London--

(i) which are provided by Transport for London or any of its subsidiaries, and

(ii) which are provided under franchise agreements, or whose provision is secured by the Franchising Director pursuant to section 30, 37 or 38 of the [1993 c. 43.] Railways Act 1993; and

(b) of securing or facilitating the duty of Transport for London under section 154(3) above;

and to afford to one another such information as to the services mentioned in paragraph (a) above as may reasonably be required for those purposes.

(2) For the purposes of the co-operation required under subsection (1) above, Transport for London and the Franchising Director may enter into such arrangements with one another with respect to the exercise and performance of their respective functions on such terms as may appear to them to be expedient.

(3) The references in subsections (1) and (2) above to the functions of the Franchising Director shall be taken as a reference to--

(a) his functions under sections 23 to 31 of the [1993 c. 43.] Railways Act 1993 (franchising of passenger services), and

(b) the duties imposed upon him by sections 37 and 38 of that Act (discontinuance of railway passenger services) to secure the provision of services.

(4) In this section, "the Franchising Director" means the Director of Passenger Rail Franchising.

176 Co-operation with other persons

(1) Where a public passenger transport service is provided 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, either acting directly, or acting indirectly through subsidiaries of theirs, to co-operate with one another in the exercise and performance of their respective functions for the purposes specified in subsection (2) below.

(2) The purposes mentioned in subsection (1) above are--

(a) the co-ordinating of passenger transport services, and

(b) the securing of, or the facilitating of, the proper discharge of the duty of Transport for London under section 154(3) above.

(3) The duty of co-operation imposed by subsection (1) above requires both parties to an agreement under section 156(2) or (3)(a) above or to a transport subsidiary's agreement to provide to one another such information as to their services as may reasonably be required for the purposes specified in subsection (2) above.

177 Provision of extra passenger transport services and facilities

(1) The council of a London borough and the Common Council shall each have power to enter into and carry out agreements with--

(a) Transport for London,

(b) the Franchising Director, or

with respect to the provision or retention, and financing, of public passenger transport services and facilities which would not be available apart from any such agreement.

(2) Transport for London and the Franchising Director shall each have power to enter into and carry out agreements with the council of a London borough or the Common Council with respect to the matters specified in subsection (1) above.

(3) The terms of an agreement entered into under this section shall be such as may be agreed between the parties to the agreement.

(4) Expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part.

178 Information and publicity about plans as to services and fares

(1) Transport for London shall in each year inform the bodies mentioned in subsection (2) below of its current plans with respect to--

(a) the general level of transport services and facilities to be provided by Transport for London, any subsidiary of Transport for London or any other person in pursuance of an agreement entered into by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary's agreement;

(b) the general structure of routes of such services;

(d) the general level of charges to be made for such facilities.

(2) The bodies are--

(a) the London borough councils;

(b) the Common Council;

(c) the council of any county or district any part of whose area appears to Transport for London to be affected significantly by any plans falling within subsection (1) above; and

(d) the London Transport Users' Committee.

(3) Transport for London shall cause particulars of the general level and structure of the fares falling within subsection (1)(c) above as they apply for the time being to be published in such manner as it thinks fit.

Chapter V Regulation of bus services in Greater London

Introductory

179 London local services

(1) In this Part--

"local service" has the meaning given to it by section 2 of the [1985 c. 67] Transport Act 1985, and
"London local service" means a local service with one or more stopping places in Greater London.

(2) Where a local service is or is to be provided both inside and outside Greater London, any part of the service which is or is to be provided outside Greater London shall be treated as a separate service for the purposes of this Part if there is any stopping place for that part of the service outside Greater London.

(3) For the purposes of this Part of this Act a service provided in pursuance of an agreement with the Railways Board or the Director of Passenger Rail Franchising, entered into under section 4A of the [1962 c. 46.] Transport Act 1962 (temporary interruption of railway service), is not a London local service.

180 Provision of London local services

(1) No London local service may be provided except in accordance with the provisions of this Chapter.

(2) If a London local service is provided in contravention of subsection (1) above, the operator of the service shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) It shall be a defence for a person charged with an offence under subsection (2) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

The London bus network

181 The London bus network

(1) Transport for London shall determine which London local services are required for the purpose of providing safe, integrated, efficient and economic transport services in Greater London.

(2) The determination made by Transport for London under subsection (1) above shall be kept under review and may be revised at any time.

(3) The London local services which Transport for London determines are required under this section shall be known collectively as the "London bus network".

(4) A London local service which is part of the London bus network may be provided only--

(a) by Transport for London or any of its subsidiaries, or

(b) by any other person in pursuance of an agreement entered into by Transport for London under section 156(2) above or in pursuance of a transport subsidiary's agreement.

(5) Transport for London shall so far as reasonably practicable provide or secure the provision of the London bus network.

182 London local service agreements

(1) Where a London local service which is part of the London bus network is provided in pursuance of an agreement entered into by Transport for London under section 156(2) above or in pursuance of a transport subsidiary's agreement, the agreement shall be known as a London local service agreement.

(2) Where a London local service agreement relates to a local service part of which is to be provided outside Greater London, subsection (3) below applies to any provision contained in the agreement with respect to the carriage of passengers other than those who are both taken up and set down in Greater London.

(3) A provision of a description specified in subsection (2) above shall be of no effect if or so far as it is inconsistent with any condition attached under section 8 of the [1985 c. 67.] Transport Act 1985 (enforcement of traffic regulation conditions etc by a traffic commissioner)--

(a) to a PSV operators' licence held by the operator of the service, or

(b) to a permit under section 22 of the [1985 c. 67.] Transport Act 1985 (a community bus permit).

183 Addition or variation of a network service

(1) Subsection (2) below applies where--

(a) Transport for London or any of its subsidiaries proposes to provide a new London local service or to vary an existing London local service,

(b) Transport for London proposes to enter into a London local service agreement for the provision of a new London local service, or

(c) Transport for London proposes to agree to a variation in an existing London local service provided pursuant to a London local service agreement,

and the proposal, if effected, would alter the London bus network.

(2) Transport for London shall before making a decision about the proposal consult--

(a) the commissioner or commissioners of police affected,

(b) the London authorities affected,

(d) any other person whom Transport for London considers it appropriate to consult,

about the matters specified in subsection (3) below relating to the proposed new service or the service as proposed to be altered.

(3) The matters mentioned in subsection (2) above are--

(a) the route,

(b) the terminal points,

(d) the place at which, or street by the use of which, vehicles used for the service may turn at a terminal point.

(4) For the purposes of this section, the London authorities affected by a proposal are the London authorities in whose area there is situated--

(a) any part of the route in question, or

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