Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

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

(b) any of the places mentioned in subsection (3)(b) to (d) above.

(5) Where a place or street mentioned in paragraph (d) of subsection (3) above is situated in the area of a local authority other than a London authority, Transport for London is also required under subsection (2) above to consult that local authority about the matter specified in that paragraph.

(6) For the purposes of this section a commissioner of police is affected by a proposal if he is--

(a) the Commissioner of Police of the Metropolis, or

(b) the Commissioner of Police of the City of London,

and any part of the route in question, or any of the places mentioned in subsection (3)(b) to (d) above, is situated in the police area for which he is the Commissioner.

(7) For the purposes of this Chapter a London authority is any London borough council or the Common Council.

184 Discontinuance of a network service

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

(a) Transport for London or any of its subsidiaries proposes to discontinue a London local service which is part of the London bus network, or

(b) Transport for London proposes not to renew a London local service agreement pursuant to which a London local service which is part of the London bus network is provided,

except where Transport for London proposes that a service replacing the London local service in question and equivalent to it will be provided (whether by Transport for London or any of its subsidiaries, or pursuant to a London local service agreement).

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

(a) the London authorities affected,

(b) the London Transport Users' Committee, and

(3) For the purposes of this section the London authorities affected by a proposal are the London authorities in whose area there is situated any part of the route of the service in question.

Bus services outside the network

185 London service permits

(1) A London local service which is not part of the London bus network may be provided only by a person who is authorised to provide the service by a permit granted by Transport for London ("a London service permit").

(2) The Mayor shall prepare and adopt a document ("the guidance document") containing the criteria by which applications for a London service permit will be considered.

(3) The Mayor shall keep the guidance document under review and may revise it at any time.

(4) Where the guidance document is revised, the Mayor shall adopt the document as revised.

186 Grant of London service permits

(1) An application for a London service permit shall be made in such manner and accompanied by such supporting evidence as may be determined by Transport for London.

(2) Transport for London may charge a fee--

(a) for processing the application for a London service permit under subsection (1) above,

(b) for granting a London service permit, or

(3) In deciding whether to grant a London service permit Transport for London--

(a) shall have regard to the criteria contained in the guidance document,

(b) shall have regard to any other material considerations, and

(4) The persons and bodies mentioned in subsection (3)(c) above are--

(a) the London authorities affected,

(b) the commissioner or commissioners of police affected,

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

(5) Where Transport for London grants a London service permit it shall send notice of the grant, including particulars of the services authorised by the permit to be provided, to the London Transport Users' Committee, the London authorities affected and the commissioner or commissioners of police affected.

(6) For the purposes of this section, the London authorities affected are the London authorities in whose area there is situated any part of the route of the London local service to which the application for the London service permit relates.

(7) For the purposes of this section a commissioner of police is affected if he is--

(a) the Commissioner of Police of the Metropolis, or

(b) the Commissioner of Police of the City of London,

and any part of the route of the London local service to which the application for the London service permit relates is situated in the police area for which he is the Commissioner.

187 Conditions

(1) Transport for London may attach to a London service permit granted under section 186 above such conditions as it thinks fit.

(2) The conditions that may be attached to a London service permit by virtue of subsection (1) above include conditions for securing--

(a) that suitable routes are used in providing any service authorised to be provided by the permit,

(b) that passengers are not taken up or are not set down except at specified points, or are not taken up or are not set down between specified points, or

(3) No condition as to fares shall be attached under this section to a London service permit.

(4) Transport for London may at any time vary a London service permit--

(a) by altering any condition attached to the permit,

(b) by removing any condition attached to the permit, or

(5) Compliance with any condition attached to a London service permit under this section may be temporarily dispensed with by Transport for London if it is satisfied--

(a) that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached, or, if the condition has been altered, when it was last altered, and

(b) that such a dispensation would not adversely affect the safety and convenience of the public, including persons who have mobility problems.

(6) If a condition attached to a London service permit under this section is contravened, the holder of the permit shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) It shall be a defence for a person charged with an offence under subsection (6) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

188 Revocation

(1) Subject to subsection (2) below, a London service permit may be revoked or suspended by Transport for London on the ground that there has been a contravention of any condition attached to it.

(2) Transport for London shall not revoke or suspend a London service permit unless, owing to--

(a) the frequency of the breach of conditions, or

(b) the breach having been committed intentionally, or

Transport for London is satisfied that the permit should be revoked or suspended.

(3) On revoking or suspending a London service permit Transport for London shall send notice of the revocation or suspension to each commissioner of police and London authority notified of the grant of the licence in accordance with section 186(5) above.

(4) A London service permit suspended under this section shall during the period of suspension be of no effect.

189 Appeals

(1) Where Transport for London refuses to grant a London service permit, it must issue a notice stating the reasons for the decision to do so to the person who made the application for the permit.

(2) A person to whom a notice has been issued under subsection (1) above may appeal to the Mayor against the decision in relation to which the notice was issued.

(3) Where Transport for London--

(a) attaches any condition to a London service permit, or alters or removes any condition so attached; or

(b) revokes or suspends a London service permit,

it must issue a notice to the holder of the permit stating the reasons for the decision to do so.

(4) A holder of a London service permit to whom a notice has been issued under subsection (3) above may appeal to the Mayor against the decision in relation to which the notice was issued.

(5) An appeal under this section against a decision of Transport for London must be made before the end of the period of 28 days beginning with the date of issue of the notice relating to the decision.

(6) Where an appeal is made to the Mayor under this section he shall refer the matter to a panel of persons appointed by him for the purposes of hearing such an appeal ("an appeal panel").

(7) The Mayor may charge a person making an appeal under this section such reasonable fee as the Mayor considers appropriate having regard to any expenses incurred or likely to be incurred by the Mayor in respect of the appeal.

(8) A person shall be disqualified from being appointed to be, or being, a member of an appeal panel if he is--

(a) an Assembly member,

(b) a member of staff of the Authority,

(d) a director of a subsidiary of Transport for London or a member of staff of such a subsidiary.

(9) The Mayor may pay to the members of an appeal panel such fees and expenses as he considers appropriate.

(10) An appeal panel shall regulate its own procedure but, unless the person making the appeal requests otherwise, any appeal hearing shall be conducted on the basis of documentary evidence only.

(11) An appeal panel hearing an appeal under this section shall make a report to the Mayor concerning the appeal, including if the panel considers appropriate any recommendation about payment of the costs of the appeal.

(12) A recommendation under subsection (11) above may include a recommendation that Transport for London pay to the person who made the appeal a sum equivalent to all or part of any fee paid to the Mayor by virtue of subsection (7) above.

(13) Where the Mayor receives a report under subsection (11) above, he shall issue to Transport for London under section 155(1) above such guidance or directions, if any, as he considers appropriate having regard to the report.

190 Duration

(1) The duration of a London service permit shall not be longer than five years.

(2) If, on the date on which a London service permit is due to expire, an application has been made for the grant of a new London service permit in substitution for it and--

(a) Transport for London has neither granted nor refused to grant the London service permit applied for,

(b) Transport for London has refused to grant the London service permit applied for but an appeal against the refusal has been made under section 189 above and not disposed of, or

(c) Transport for London has granted the London service permit applied for but an appeal against a decision to attach a condition to the permit has been made under section 189 above and not disposed of,

subsection (3) below shall apply.

(3) Where this subsection applies, the existing London service permit shall continue in force--

(a) in a case falling within subsection (2)(a) above, until Transport for London grants or refuses to grant the London service permit applied for, or

(b) in a case falling within subsection (2)(b) or (c) above, until the appeal has been disposed of.

(4) Where subsection (3)(a) above applies, if Transport for London--

(a) refuses to grant the London service permit applied for, or

(b) grants the London service permit applied for but at the time of the grant attaches any condition to the permit,

the existing London service permit shall continue in force until any appeal which is made under section 189 above against the decision in question has been disposed of.

(5) This section is without prejudice to section 188 above.

Guidance document

191 Consultation

(1) When preparing or revising the guidance document and before finally determining the contents of the document or any revisions, the Mayor shall--

(a) publish a notice in a newspaper circulating in the entire area of Greater London, stating where a draft of the guidance document (or the revisions, as the case may be) may be inspected, and

(b) consult the persons and bodies specified in subsection (2) below.

(2) The persons and bodies mentioned in subsection (1)(b) above are--

(a) each London authority,

(b) the local authority for any other area which the Mayor considers will be affected by the contents of the guidance document or the revisions, as the case may be,

(d) the traffic commissioner for the Metropolitan Traffic area,

(e) the traffic commissioner for any other traffic area which the Mayor considers will be affected by the contents of the guidance document or the revisions, as the case may be,

(f) the London Transport Users' Committee, and

(g) any other person whom the Mayor considers it appropriate to consult.

(3) Where the Mayor is determining the contents of revisions to the guidance document and the revisions will not affect the entire area of Greater London, the obligation imposed under subsection (1)(a) above shall not have effect and instead a notice stating where a draft of the revisions can be inspected shall be published in a newspaper circulating in the area or areas which the Mayor considers will be affected by the revisions.

192 Publication

(1) The Mayor shall publish the guidance document.

(2) Where the Mayor revises the guidance document he shall publish it as revised.

(3) In this Act, references to the guidance document include, except where the context otherwise requires, a reference to the current version of the guidance document.

(4) The guidance document must be published no later than 180 days after the Mayor has published the transport strategy prepared by him under section 142(1) above.

(5) The Mayor shall send to the Common Council and to each London borough council a copy of the current version of the guidance document.

(6) A copy of the current version of the guidance document shall be kept available by the Mayor for inspection by any person on request free of charge--

(a) at the principal offices of the Authority, and

(b) at such other places as the Mayor considers appropriate,

at reasonable hours.

(7) A copy of the current version of the guidance document, or any part of it, shall be supplied to any person on request for such reasonable fee as the Mayor may determine.

(8) Any reference in this section to "the current version" of the guidance document is a reference to the guidance document as last published, whether originally or as revised.

Miscellaneous

193 Validity of agreements and permits

(1) A London local service agreement shall be of no effect at any time when the party to the agreement who is not Transport for London does not hold--

(a) a PSV operators' licence, or

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

(2) A London service permit shall be of no effect at any time when the holder of the permit does not hold a licence of the description specified in subsection (1)(a) above, or a permit of the description specified in subsection (1)(b) above.

(3) In any case where a local education authority is providing a service falling within section 46(1) of the [1981 c. 14.] Public Passenger Vehicles Act 1981 (no requirement for a PSV operators' licence where a school bus is being used to provide a service)--

(a) subsection (1) above does not apply in relation to any London local service agreement pursuant to which the local education authority is providing the service, and

(b) subsection (2) above does not apply in relation to any London service permit by which the local education authority is authorised to provide the service.

194 Application of the Public Passenger Vehicles Act 1981

(1) The provisions of the [1981 c. 14.] Public Passenger Vehicles Act 1981 specified in subsection (2) below apply in relation to the grant of London service permits, or to London service permits granted, under this Part of this Act, as they apply in relation to the grant of PSV operators' licences, or PSV operators' licences granted, under that Act.

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

(a) section 57 (death, bankruptcy, etc. of licence holder) taking the references to the traffic commissioner by whom the licence was granted as a reference to Transport for London, and

(b) section 58(2) (grant of licences to unincorporated body or to persons jointly).

(3) Section 84 of the [1981 c. 14.] Public Passenger Vehicles Act 1981 (which relates to the effects of that Act in relation to general public interests) shall have effect as if the provisions of this Chapter were contained in that Act.

195 Interpretation of Chapter V

In this Chapter--

"the guidance document" shall be construed in accordance with section 185(2) above,
"London authority" shall be construed in accordance with section 183(7) above,
"London bus network" shall be construed in accordance with section 181 above,
"London local service agreement" shall be construed in accordance with section 182 above,
"London service permit" shall be construed in accordance with section 185 above,
"London Transport Users' Committee" means the committee established under section 247 below,
"PSV operators' licence" means a licence granted under the provisions of Part II of the [1981 c. 14.] Public Passenger Vehicles Act 1981,
"stopping place" means, in relation to any service or part of a service, a point at which passengers are (or, in the case of a proposed service, are proposed to be) taken up or set down in the course of that service or part,
"traffic area" means a traffic area constituted for the purposes of the [1981 c. 14.] Public Passenger Vehicles Act 1981,
"traffic commissioner for the Metropolitan Traffic area" means the traffic commissioner for the traffic area in which Greater London is for the time being situated by virtue of section 3 of the [1981 c. 14.] Public Passenger Vehicles Act 1981.

Chapter VI Railways

The Authority and the Franchising Director

196 Power of Authority to give instructions or guidance to the Franchising Director

(1) The Authority may give instructions or guidance to the Franchising Director in relation to the provision of railway services in Greater London.

(2) It is immaterial for the purpose of giving instructions or guidance under subsection (1) above whether implementation of the instructions or guidance affects railway services outside Greater London.

(3) The Franchising Director shall exercise his functions in the manner best calculated to implement any instructions or guidance given to him by the Authority.

(4) Subsection (3) above is subject to subsection (5) below.

(5) The Franchising Director shall not give effect to any instructions or guidance given by the Authority if or to the extent that, in his opinion, implementing the instructions or guidance will--

(a) prevent or seriously hinder him from complying with any instructions, guidance or objectives given to him by the Secretary of State under section 5(1) of the [1993 c. 43.] Railways Act 1993;

(b) have an adverse effect on the provision of services for the carriage of passengers by railway outside Greater London; or

(c) increase the amount of any payments to which paragraph (b) of section 5(1) of the [1993 c. 43.] Railways Act 1993 applies which he may be required to make.

(6) If the Franchising Director decides not to implement any instructions or guidance given by the Authority, whether generally or in a particular case, he shall give the Authority notification of the decision and his reasons for it.

(7) The matters in respect of which instructions or guidance may be given under this section are those specified in sub-paragraphs (i) and (ii) of section 5(1)(a) of the [1993 c. 43.] Railways Act 1993.

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

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

197 Franchising Director to consult Mayor as to fares, services etc

(1) The Franchising Director shall from time to time consult the Mayor as to--

(a) the general level and structure of the fares to be charged for the carriage of passengers by railway on services to which this section applies; and

(b) the general level of the provision to be made for such services.

(2) The services to which this section applies are services to, from or within Greater London--

(a) which are, or are to be, provided under franchise agreements; or

(b) whose provision the Franchising Director is under a duty to secure, by virtue of section 30, 37 or 38 of the Railways Act 1993 (which relate to the failure to secure a subsequent franchise agreement and the proposed discontinuance of services).

Licences, access contracts and franchising

198 Exemptions by order under Part I of the Railways Act 1993

(1) The [S.I. 1994/573.] Railways (London Regional Transport) (Exemptions) Order 1994 shall have effect with the following amendments.

(2) In article 2 (interpretation) the word "and" immediately preceding the definition of "LRT company" shall be omitted, and in that definition, after "means" there shall be inserted "(a)" and at the end there shall be added--

" (b) Transport for London or any subsidiary of theirs; or

(3) In article 2, after the definition of "LRT company" there shall be added--

" "PPP agreement" and "PPP company" have the same meaning as in Chapter VII of Part IV of the Greater London Authority Act 1999 (public-private partnership agreements);

"qualifying activities", in relation to a PPP company, means light maintenance services, network services or station services carried out by the PPP company in fulfilment of obligations imposed on the company by a PPP agreement. "

(4) The amendments made by this section are without prejudice to the exercise of any power conferred by any enactment (including a power conferred by any provision of this Act) to amend the said Order of 1994 by an enactment comprised in subordinate legislation, within the meaning of the [1978 c. 30.] Interpretation Act 1978.

199 Licence exemptions and facility exemptions

(1) The Secretary of State may, after consultation with the Rail Regulator and the Franchising Director, by order grant at any time--

(a) a licence exemption under subsection (1) of section 7 of the [1993 c. 43.] Railways Act 1993, notwithstanding anything in subsection (10) of that section, or

(b) a facility exemption under section 20 of that Act, notwithstanding anything in subsection (9) of that section,

subject to and in accordance with the following provisions of this section.

(2) An exemption by virtue of paragraph (a) or (b) of subsection (1) above may only be granted in respect of railway assets or railway facilities comprised in, or used on or in connection with, a network on which some or all of the regular scheduled passenger services are operated by London Regional Transport or Transport for London or a subsidiary of London Regional Transport or Transport for London.

(3) The power conferred by subsection (1) above is exercisable only if the Secretary of State has received an application for the grant of the exemption from the appropriate London transport authority.

(4) In this section--

"the appropriate London transport authority" means--
(a)
as respects any time before the transfer date, London Regional Transport; and
(b)
as respects any time on or after that date, Transport for London;
"the transfer date" means the date on which London Underground Limited becomes a subsidiary of Transport for London;

and, subject to that, expressions used in this section and in Part I of the [1993 c. 43.] Railways Act 1993 have the same meaning in this section as in that Part.

200 Railway access contracts

(1) Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, Transport for London may enter into an access contract to which section 18 of the [1993 c. 43.] Railways Act 1993 applies, notwithstanding--

(a) that such a contract can only be entered into on terms approved (with or without modification) by the Rail Regulator and pursuant to directions given by the Rail Regulator under that section; and

(b) that the terms of the contract may confer on the Rail Regulator powers to determine the manner in which Transport for London is to exercise its functions in relation to the contract.

(2) The duty imposed on the Mayor by section 174 above accordingly also has effect subject, as respects the power conferred on Transport for London by subsection (1) above, to the powers of the Rail Regulator under section 18 of the [1993 c. 43.] Railways Act 1993.

(3) After section 41 of the [1984 c. 32.] London Regional Transport Act 1984 there shall be inserted--

" Railway access contracts

41A Access contracts under the Railways Act 1993

(1) Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, London Regional Transport may enter into an access contract to which section 18 of the [1993 c. 43.] Railways Act 1993 applies, notwithstanding--

(a) that such a contract can only be entered into on terms approved (with or without modification) by the Rail Regulator and pursuant to directions given by the Rail Regulator under that section; and

(b) that the terms of the contract may confer on the Rail Regulator powers to determine the manner in which London Regional Transport is to exercise its functions in relation to the contract.

(2) The duties imposed on London Regional Transport by sections 2 and 8 of this Act accordingly also have effect subject, as respects the power conferred by subsection (1) above, to the powers of the Rail Regulator under section 18 of the [1993 c. 43.] Railways Act 1993. "

(4) In section 4 of the [1993 c. 43.] Railways Act 1993 (general duties of the Secretary of State and the Rail Regulator) in subsection (5) (which imposes additional duties on the Rail Regulator) the word "and" immediately preceding paragraph (c) shall be omitted and at the end of that paragraph there shall be added " ; and

(d) to have regard to the ability of the Mayor of London, London Regional Transport and Transport for London to carry out the functions conferred or imposed on them by or under any enactment " .

201 Transport for London: contracts requiring passenger licences

(1) Transport for London may not by virtue of any provision of this Act or any other enactment enter into or carry out any agreement with respect to the provision or retention, or financing, of public passenger transport services if the agreement--

(a) is one which involves the holding of a passenger licence; and

(b) is not an excepted agreement.

(2) An agreement "involves the holding of a passenger licence" for the purposes of this section if it involves the doing by any person, whether or not a party to the agreement, of anything which, by virtue of section 6 of the [1993 c. 43.] Railways Act 1993 (prohibition on unauthorised operators of railway assets), that person may not do without the authorisation of a passenger licence.

(3) An agreement is an "excepted agreement" for the purposes of this section if it is--

(a) an agreement with respect to the provision or retention, or financing, of regular scheduled railway passenger services operated by a London transport body;

(b) an agreement with respect to the provision or retention, or financing, of regular scheduled railway passenger services operated by a person other than a London transport body on track used for the provision of regular scheduled railway passenger services operated by a London transport body (whether or not the track is also used for other purposes);

(d) an agreement under section 177 above, other than one falling within subsection (4) below.

(4) An agreement falls within this subsection if, in pursuance of the agreement, Transport for London or a subsidiary of Transport for London is to enter into a further agreement which involves the holding of a passenger licence.

(5) In this section "London transport body" means--

(a) London Regional Transport;

(b) Transport for London; or

and, subject to that, expressions used in this section and in Part I of the [1993 c. 43.] Railways Act 1993 have the same meaning in this section as in that Part.

202 Authority and Transport for London not to be railway franchisees

(1) Section 25(1) of the [1993 c. 43.] Railways Act 1993 (which prevents public sector operators, as defined in the paragraphs of that subsection, from being franchisees) shall be amended as follows.

(2) After paragraph (b) there shall be inserted--

" (bb) the Greater London Authority;

(bc) Transport for London; " .

(3) In paragraph (d) (bodies corporate whose members are appointed by certain other bodies or persons) after "a local authority" there shall be inserted ", the Greater London Authority, Transport for London".

Closures

203 Franchising Director to give copy documents to Mayor

In section 43(1) of the [1993 c. 43.] Railways Act 1993 (which requires the Franchising Director to give a copy of any notice of closure etc to the Rail Regulator) after "Regulator" there shall be inserted ", to the Mayor of London if the whole or any part of the area affected by the closure is in Greater London,".

204 Procedure for closure of certain railway passenger services

(1) The [1993 c. 43.] Railways Act 1993 shall have effect as if any railway passenger services provided under or by virtue of this Act by Transport for London or a subsidiary of Transport for London (in relation to which section 37 of that Act does not have effect, in consequence of amendments made by section 198 above) were designated by order under section 49(3) of that Act as railway passenger services in relation to which Schedule 5 to that Act (alternative closure procedure) is to have effect.

(2) Schedule 5 to the [1993 c. 43.] Railways Act 1993 shall be amended as follows.

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

" Qualifying services in and around Greater London

5A (1) This paragraph applies to any qualifying services--

(a) which are provided by Transport for London or a subsidiary of Transport for London; or

(b) which do not fall within paragraph (a) above but--

(i) are provided wholly within Greater London; and

(ii) are services, or services of a class or description, designated in an order made by the Secretary of State as services in relation to which this paragraph is to apply;

and in the following provisions of this paragraph any such services are referred to as "qualifying London services".

(2) In the application of the other paragraphs of this Schedule in relation to qualifying London services, for any reference to the Secretary of State there shall be substituted a reference to the Mayor of London.

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