Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

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for an injunction or for any other appropriate relief or remedy.

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

236 Immunity

(1) The PPP arbiter is not liable for anything done or omitted in the discharge or purported discharge of his functions as the PPP arbiter unless the act or omission is shown to have been in bad faith.

(2) Subsection (1) above applies to a member of the staff of, or an agent of, the PPP arbiter as it applies to the PPP arbiter.

237 Expenses

(1) The following expenses, namely--

(a) any sums payable by virtue of section 226(2) or (3) above, and

(b) any expenses duly incurred by the PPP arbiter or by any staff of the PPP arbiter,

shall be defrayed by the Secretary of State.

(2) A relevant body which is a party to a PPP agreement shall pay to the Secretary of State, at such times as he may direct, such sums as the Secretary of State may determine in respect of expenses defrayed by the Secretary of State under subsection (1) above.

(3) A PPP agreement may provide that sums paid by a relevant body by virtue of subsection (2) above, or any portion of such sums as may be specified or described in the PPP agreement, may be recovered by the relevant body from a PPP company which is a party to the PPP agreement.

(4) Where a PPP agreement includes provision by virtue of subsection (3) above making any sum recoverable by a relevant body, the directions which may be given under section 229(3) above include directions varying the amount so recoverable.

(5) Sums received by the Secretary of State by virtue of this section shall be paid into the Consolidated Fund.

Miscellaneous and supplementary

238 Statutory undertakers

Where, by virtue of a PPP agreement, statutory functions relating to a railway are exercisable by a PPP company, the PPP company shall, as respects any matter arising from the carrying out of the subject-matter of the PPP agreement, be taken to be authorised by an enactment to carry on a railway undertaking.

239 Interpretation of Chapter VII

(1) In this Chapter, unless the context otherwise requires--

"key system assets" has the meaning given by section 213(1) above;
"locomotive" means any railway vehicle which has the capacity for self-propulsion (whether or not the power by which it operates is derived from a source external to the vehicle);
"PPP agreement" has the meaning given by section 210 above;
"PPP arbiter" shall be construed in accordance with section 225(1) above;
"PPP company" shall be construed in accordance with section 210(5) above;
"PPP designation" shall be construed in accordance with section 212(1) above;
"PPP lease" has the meaning given by section 218 above;
"PPP related third party" shall be construed in accordance with section 215(2)(b) above;
"PPP related third party agreement" means any arrangements falling within section 215(2)(b) above;
"premises" includes any land, building or structure;
"public sector operator" has the meaning given by section 211 above;
"railway" has the meaning given in section 67(1) of the [1992 c. 42.] Transport and Works Act 1992;
"railway vehicle" includes anything which, whether or not it is constructed or adapted to carry any person or load, is constructed or adapted to run on flanged wheels over or along a railway;
"the relevant 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;
"relevant body" has the meaning given by section 210(2) above (that is to say, London Regional Transport, Transport for London or a subsidiary of London Regional Transport or Transport for London);
"rolling stock" means any carriage, wagon or other vehicle used on a railway and includes a locomotive;
"station" means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes;
"the transfer date" means the date on which London Underground Limited becomes a subsidiary of Transport for London;
"vehicle" includes a railway vehicle.

(2) Any reference in this Chapter to a railway includes a reference to any stretch of track comprised in a railway.

Chapter VIII Travel Concessions

240 Travel concessions on journeys in and around Greater London

(1) Subject to subsection (3) below, any local authority, or any two or more local authorities acting jointly, may enter into arrangements with Transport for London under which--

(a) Transport for London grants, or arranges with some other person for that other person to grant, such travel concessions as may be provided for by the arrangements to any persons eligible to receive them in accordance with subsection (5) below; and

(b) that local authority reimburses (or, as the case may be, those local authorities in such proportions respectively as they may agree amongst themselves reimburse) the cost incurred in granting those concessions.

(2) Subject to subsection (3) below, any London authority, or any two or more London authorities acting jointly, may enter into, with any independent transport service operator or with the Franchising Director, arrangements under which--

(a) that operator or (as the case may be) the Franchising Director grants such travel concessions as may be provided for by the arrangements to any persons eligible to receive them in accordance with subsection (5) below; and

(b) that authority reimburses (or, as the case may be, those authorities in such proportions respectively as they may agree among themselves reimburse) the cost incurred in granting those concessions.

(3) The concessions that may be provided for by any arrangements under subsection (1) or (2) above are concessions on journeys--

(a) between places in Greater London;

(b) between such places and places outside but in the vicinity of Greater London; or

(4) Any arrangements entered into by a local authority under subsection (1) or (2) above may include provision for the performance of functions in connection with the travel concessions in question by the local authority or local authorities concerned.

(5) The persons eligible to receive travel concessions under arrangements made under subsection (1) or (2) above are persons, or any description of persons,--

(a) who have attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the [1995 c. 26.] Pensions Act 1995);

(b) who are so blind as to be unable to perform any work for which sight is essential; or

(c) who suffer from a disability or injury which, in the opinion of the local authority or any of the local authorities by whom the cost incurred in granting the concessions falls to be reimbursed, seriously impairs their ability to walk.

(6) In subsection (2) above "independent transport service operator" means any person, other than a person to whom subsection (7) below applies, operating--

(a) a public service vehicle undertaking ("public service vehicle" for this purpose having the meaning given by section 1 of the [1981 c. 14.] Public Passenger Vehicles Act 1981);

(b) a system using guided transport within the meaning of subsection (1) of section 67 of the [1992 c. 42.] Transport and Works Act 1992;

(d) a tramway within the meaning of that subsection;

(e) a trolley vehicle system within the meaning of that subsection; or

(f) an undertaking providing public passenger transport services on the river Thames or a tributary of the river Thames between places in Greater London or between places in Greater London and places outside Greater London.

(7) This subsection applies to--

(a) Transport for London or any of its subsidiaries;

(b) the Franchising Director; and

(c) any person providing public passenger transport services in pursuance of an 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.

(8) In this Chapter--

"the Franchising Director" means the Director of Passenger Rail Franchising;
"local authority" means the council of a county or district and any London authority;
"London authority" means any London borough council and the Common Council; and
"travel concession" means the reduction or waiver of a fare or charge either absolutely or subject to terms, limitations or conditions.

(9) For the purposes of this Chapter a reference to an agreement entered into by Transport for London under section 156(2) or (3) above includes a reference to an agreement--

(a) which was entered into by London Regional Transport under section 3(2) or (2A) of the [1984 c. 32.] London Regional Transport Act 1984, and

(b) which by virtue of section 300 or 415 below has effect as if made by Transport for London.

241 Reserve free travel scheme for London residents

(1) If immediately before 1st January in any financial year it appears to Transport for London that there are not for the time being in force arrangements under section 240(1) above for travel concessions for London residents which--

(a) meet the requirements of section 242 below as to scope,

(b) meet the requirements of section 243 below as to uniformity, and

there shall have effect during that next following financial year a scheme (the "free travel scheme") for the purpose of ensuring that travel concessions are provided for eligible London residents.

(2) Where individual arrangements under section 240(1) above made between a particular local authority or local authorities and Transport for London apply to certain eligible London residents only, all arrangements so made shall be considered together for the purpose of determining whether the requirements of sections 242 and 243 below are satisfied.

(3) In any financial year during which the free travel scheme has effect it shall be the duty of Transport for London to provide or secure the provision of the travel concessions for eligible London residents required by the free travel scheme.

(4) In this Chapter "eligible London residents" means persons resident in Greater London who are eligible in accordance with section 240(5) above to receive travel concessions under arrangements under subsection (1) of that section.

(5) Schedule 16 to this Act (which makes further provision relating to the free travel scheme) shall have effect.

242 Requirements as to scope

(1) Arrangements under section 240(1) above for travel concessions for London residents meet the requirements of this section as to scope if they provide for the grant of travel concessions to all eligible London residents on journeys falling within subsection (2) below.

(2) Those journeys are journeys of a description falling within section 240(3) above, on the London Local Transport Network.

(3) For the purposes of this Chapter, the London Local Transport Network consists of--

(a) bus services which together make up the London bus network within the meaning of section 181 above;

(b) services using a system of guided transport which are provided by Transport for London or under an agreement entered into by Transport for London under section 156(2) or (3)(a) above or under a transport subsidiary's agreement;

(d) tramway services which are so provided; and

(e) services on the river Thames or a tributary of the river Thames which are so provided.

(4) In subsection (3) above "guided transport", "railway" and "tramway" have the same meanings as in section 240(6) above.

(5) The requirements of this section as to scope do not preclude the imposition of terms, limitations or conditions with respect to the particular journeys falling within subsection (2) above on which travel concessions are available.

(6) Such terms, limitations or conditions may make different provision for different categories of eligible London residents.

(7) In this Chapter a reference to a category of eligible London residents is a reference to the categories of such residents mentioned in paragraphs (a), (b) and (c) of section 240(5) above.

243 Requirements as to uniformity

(1) Arrangements under section 240(1) above for travel concessions for London residents meet the requirements of this section as to uniformity if they--

(a) make the same provision, for all eligible London residents of the same category, with respect to the benefit of any travel concession granted to those residents under the arrangements and the periods during which it is available;

(b) make the enjoyment of the benefit of any travel concession granted under the arrangements conditional on the production, by any person seeking to travel under that concession, of a travel concession permit issued to him in accordance with the arrangements; and

(c) make the same provision with respect to the period of validity of all travel concession permits issued in accordance with the arrangements to eligible London residents of the same category,

whether or not, in any other respects, the arrangements make different provision for different cases to which they apply.

(2) References in subsection (1) above to the benefit of a travel concession are references to the waiver or reduction of any fare or charge to which the arrangements in question apply, as distinct from any terms, limitations or conditions applicable to that waiver or reduction in accordance with the arrangements.

(3) For the requirements of this section as to uniformity to be met it is sufficient that those requirements are met in relation to each description of services comprising the London Local Transport Network individually.

(4) The reference in subsection (3) above to a description of services is a reference to the descriptions mentioned in paragraphs (a) to (e) of section 242(3) above.

(5) In this Chapter "travel concession permit" means, in relation to a travel concession granted under or by virtue of this Chapter, a document in any form indicating that the person to whom it is issued is a person entitled in accordance with the provisions of this Chapter to receive the concession in question.

244 Exercise of functions by a joint committee

(1) If all the London authorities enter into arrangements under section 101(5) of the [1972 c. 70.] Local Government Act 1972 for the joint discharge of their functions under--

(a) subsection (1) of section 240 above, or

(b) subsection (2) of that section,

and the arrangements so provide, then this section shall apply.

(2) The arrangements shall have effect for such period as may be specified in the arrangements or until otherwise terminated by the unanimous decision of the London authorities.

(3) The arrangements must provide for the function to be discharged only by a joint committee under section 101(5)(a) of the [1972 c. 70.] Local Government Act 1972.

(4) The joint committee must consist of one member of each London authority.

(5) Decisions of the joint committee must be unanimous decisions of those present and voting.

(6) Subsection (5) above is subject to a resolution of the joint committee, passed unanimously by those present and voting, that--

(a) decisions of a kind specified in the resolution, or

(b) decisions generally,

may be made by such majority of those present and voting as may be specified in the resolution.

(7) The majority specified in a resolution under subsection (6) above must be not less than two-thirds of the members of the joint committee.

(8) In consequence of the preceding provisions of this section--

(a) section 102 of the [1972 c. 70.] Local Government Act 1972 (appointment of committees) has effect in relation to the joint committee subject to those provisions; and

(b) paragraph 39(1) of Schedule 12 to that Act (questions to be decided by simple majority), as applied to a joint committee by paragraph 44(1) of that Schedule, does not have effect in relation to the joint committee.

Chapter IX Penalty Fares

245 Penalty fares

Schedule 17 to this Act shall have effect for the purpose of providing for the payment of penalty fares in the circumstances set out in that Schedule.

Chapter X The Transport Users' Committee

246 Abolition of the London Regional Passengers' Committee

(1) Section 40 of the [1984 c. 32.] London Regional Transport Act 1984 (which established the London Regional Passengers' Committee) shall cease to have effect.

(2) Any appointment to the London Regional Passengers' Committee in pursuance of that section shall cease to have effect.

247 The London Transport Users' Committee

(1) There shall be a body corporate to be known as the London Transport Users' Committee, referred to in this Chapter as "the Committee".

(2) The Committee shall consist of--

(a) a Chairman, and

(b) not more than twenty-four other members,

appointed by the Assembly after consultation with the Rail Regulator.

(3) In appointing members under subsection (2) above, the Assembly shall have regard to the desirability of ensuring that the members of the Committee between them represent the interests of--

(a) those who use passenger transport facilities and services in Greater London, and

(b) those who use rail passenger transport facilities and services in the area for which the Committee is treated as the Rail Users' Consultative Committee by virtue of section 2(4) of the Railways Act 1993.

(4) A person may not be appointed under subsection (2) above if he is--

(a) an Assembly member,

(b) a member of Transport for London,

(d) a member of staff of the Authority.

(5) If, at any time after he is appointed, a member of the Committee becomes a person within subsection (4)(a) to (d) above, he shall cease to be a member of the Committee.

(6) The Assembly may designate one or more members of the Committee to be deputy chairman or (as the case may be) deputy chairmen of the Committee.

(7) Schedule 18 to this Act shall have effect with respect to the Committee.

248 Representations to the Committee

(1) The Committee shall consider and, where it appears to the Committee to be desirable, make recommendations with respect to, any matter--

(a) affecting the functions of the Authority or Transport for London which relate to transport, and

(b) falling within subsection (3) below, other than a matter relating to the transportation of freight.

(2) The matters falling within subsection (1)(a) above include in particular any matter relating to--

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

(b) services or facilities provided in pursuance of an agreement entered into by Transport for London or in pursuance of a transport subsidiary's agreement,

(d) a hackney carriage or a person licensed to be the driver of a hackney carriage, or

(e) a private hire vehicle or a person who holds a private hire vehicle driver's licence or a private hire vehicle operator's licence.

(3) A matter falls within this subsection--

(a) if it has been the subject of representations (other than representations appearing to the Committee to be frivolous) made to the Committee by or on behalf of users of--

(i) any of the services or facilities mentioned in subsection (2) above, or

(ii) hackney carriages or private hire vehicles,

(b) if it has been referred to the Committee by Transport for London or the Authority, or

(4) Where a representation is made to the Committee in respect of a matter relating to a highway for which Transport for London is the highway authority and the traffic authority, the Committee shall in making any recommendation under subsection (1) above consider the interests of all those who use the highway for the purposes of passenger transport, including cyclists and pedestrians.

(5) Where a representation is made to the Committee about a matter--

(a) which relates to passenger transport by land or water in Greater London, but

(b) which is not a matter the Committee must consider by virtue of subsection (1) above,

the Committee shall refer the matter to the person whom the Committee considers the most appropriate to consider the matter.

(6) Where a representation is made to the Committee about a matter falling within subsection (2)(d) or (e) above and the matter relates to--

(a) any contravention of, or failure to comply with, any rule of law, or

(b) any breach of condition of a licence which has been granted by Transport for London,

the Committee shall refer the matter to Transport for London and shall notify the person who made the representation of the referral.

(7) Where the Committee refers a matter under subsection (5) above, the Committee shall inform the person who made the representation of the name of the body or person to whom the matter has been referred.

(8) In this section--

"hackney carriage" means a vehicle licensed under section 6 of the [1869 c. 115.] Metropolitan Public Carriage Act 1869;
"person licensed to be the driver of a hackney carriage" means a person licensed under section 8 of the [1869 c. 115.] Metropolitan Public Carriage Act 1869 or section 8 of the [1843 c. 86.] London Hackney Carriages Act 1843;
"private hire vehicle" means a vehicle for which a private hire vehicle licence for London is in force under section 7 of the [1998 c. 34.] Private Hire Vehicles (London) Act 1998;
"private hire vehicle driver's licence" means a licence granted under section 13 of that Act;
"private hire vehicle operator's licence" means a licence granted under section 3 of that Act.

249 Voluntary arrangements with transport providers

(1) The Committee may enter into arrangements with any person providing public passenger transport services or facilities in Greater London under which the Committee may consider any matter--

(a) which relates to such transport services or facilities provided by that person, but

(b) which is not a matter falling within section 248(1) above.

(2) Arrangements under subsection (1) above shall be on such terms as may be agreed by the parties but may in particular include provision for the person with whom the Committee enters into the arrangements to make such payments by way of reimbursement of costs incurred by the Committee under the arrangements as the arrangements may specify.

(3) Arrangements under this section may be entered into by the Committee only with the consent of the Assembly.

250 Recommendations and reports etc

(1) Copies of the minutes, conclusions and recommendations of the Committee with respect to any matter shall be sent--

(a) to the Assembly,

(b) to the Mayor, and

(2) The Committee shall make an annual report to the Assembly and the Rail Regulator.

(3) Where the Assembly, the Mayor or Transport for London reach a decision with respect to matters dealt with in any recommendation received under subsection (1) above, the decision shall be notified to the Committee.

251 Directions by the Assembly

(1) The Assembly may issue to the Committee--

(a) guidance as to the manner in which they are to exercise their functions, or

(b) general directions as to the manner in which they are to exercise their functions.

(2) The Committee shall exercise their functions in accordance with such guidance or directions as may be issued by the Assembly under subsection (1) above.

(3) Any guidance or directions issued under subsection (1) above must be issued in writing and notified to such officer of the Committee as the Committee may from time to time nominate to the Assembly for the purpose.

252 Role as rail users' consultative committee

(1) In section 2(4) of the [1993 c. 43.] Railways Act 1993 (London Regional Passengers' Committee to be the Rail Users' Consultative Committee for Greater London), for "London Regional Passengers' Committee" there shall be substituted "London Transport Users' Committee".

(2) Schedule 19 to this Act (which contains amendments of enactments relating to the London Regional Passengers' Committee in consequence of the substitution for that committee of the London Transport Users' Committee) shall have effect.

Chapter XI Hackney Carriages and Private Hire Vehicles

253 Hackney carriages

Schedule 20 to this Act (which makes provision about hackney carriages) shall have effect.

254 The Private Hire Vehicles (London) Act 1998

(1) Except as provided by the following provisions of this section, the functions of the Secretary of State under the [1998 c. 34.] Private Hire Vehicles (London) Act 1998 are transferred by this subsection to Transport for London.

(2) Subsection (1) above does not apply to any functions of the Secretary of State under section 37, 38 or 40 of that Act (transitional provisions, financial provisions and commencement etc).

(3) Schedule 21 to this Act (which makes amendments to the [1998 c. 34.] Private Hire Vehicles (London) Act 1998 in consequence of subsections (1) and (2) above) shall have effect.

(4) Any regulations made, licence issued, authorisation granted, or other thing done under the Private Hire Vehicles (London) Act 1998, other than section 37, 38 or 40, by or in relation to the Secretary of State before the coming into force of this section shall have effect as from the coming into force of this section as made, issued, granted or done by or in relation to Transport for London.

255 Provisions consequent on alteration of metropolitan police district

(1) Where, by virtue of the coming into force of section 323 below, the whole or any part of the area of a district council ceases to be within the metropolitan police district, the following provisions of this section shall have effect.

(2) The provisions of the [1847 c. 89.] Town Police Clauses Act 1847 with respect to hackney carriages, as incorporated in the [1875 c. 55.] Public Health Act 1875, shall apply throughout the council's area.

(3) The council's area shall constitute a single licensing area for the purposes of those provisions, without the passing of any resolution under Part II of Schedule 14 to the [1972 c. 70.] Local Government Act 1972 (extension resolutions).

(4) The provisions of Part II of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976 (hackney carriages and private hire vehicles) shall also apply throughout the council's area, without the passing of any resolution under section 45 of that Act (application of Part II).

(5) Where an order is made under section 425 below bringing section 323 below into force, the provision that may be made by virtue of section 420 or 425 below includes provision enabling or facilitating--

(a) the making of byelaws,

(b) the issuing of licences, discs or plates, and

in relation to hackney carriages or private hire vehicles by a district council falling within subsection (1) above in preparation for the coming into force of this section.

(6) The provision that may be made by virtue of subsection (5) above includes provision for the application of any enactment with or without modification.

(7) Subsections (5) and (6) above are without prejudice to the provision that may be made by virtue of sections 420 and 425 below.

Chapter XII Water Transport

256 Provision of facilities to benefit users of waterways

(1) Subject to subsection (2) below, Transport for London may provide or secure the provision of such amenities and facilities as it considers would benefit persons using any waterway.

(2) Before commencing any works for the purposes of exercising the powers under subsection (1) above, Transport for London shall--

(a) comply with any requirement in an enactment to obtain a licence or consent in respect of the works, or

(b) if there is no such requirement, obtain the consent to the works of any person who is under a duty to maintain the waterway to which they relate.

257 The Woolwich Ferry

The duty of the Secretary of State under section 16 of the [1885 c. clxvii.] Metropolitan Board of Works (Various Powers) Act 1885 to work a ferry-boat across the River Thames is transferred to Transport for London by this section.

258 Landing places: transfer of certain rights and obligations

(1) This section applies where--

(a) a landing place was transferred to London Regional Transport or any of its subsidiaries on or after 31st March 1999 but before this section comes into force, or

(b) after this section comes into force a landing place is transferred to London Regional Transport or any of its subsidiaries pursuant to an agreement made on or after 31st March 1999 but before this section comes into force.

(2) In this section "qualifying landing place"--

(a) means a landing place transferred as mentioned in subsection (1)(a) or (b) above, and

(b) includes any property associated with the landing place and transferred with it.

(3) Any agreement --

(a) made between the transferor of a qualifying landing place and the owner of a vessel, or with a waterman in respect of a vessel not owned by him, and

(b) which concerns the use of the qualifying landing place by the vessel,

shall have effect on and after the relevant date in accordance with subsections (4) to (6) below.

(4) The agreement shall have effect as if--

(a) the transferee had been a party to the agreement instead of the transferor;

(b) for any reference to the transferor there were substituted a reference to the transferee;

(c) any reference to any officer or member of staff of the transferor were a reference to such person as the transferee may appoint or, in default of appointment, to the officer or member of staff of the transferee who most closely corresponds to the transferor's officer or member of staff;

and this subsection shall apply whether or not the agreement is capable of being assigned or transferred.

(5) An agreement shall only have effect in accordance with subsection (4) above--

(a) to the extent that the agreement concerns the use of the qualifying landing place by the vessel, and

(b) in relation to things falling to be done under the agreement on or after the relevant date.

(6) An agreement shall not have effect in accordance with subsection (4) above to the extent that the transferor and the transferee have made contrary provision.

(7) For the purposes of this section--

"landing place" means any waterside landing place, pier, jetty, pontoon or other similar installation;
"transferee", in relation to a qualifying landing place, means the body (being London Regional Transport or one of its subsidiaries) to which the landing place is or was transferred as mentioned in subsection (1)(a) or (b) above;
"transferor", in relation to qualifying landing place, means the person by whom the landing place is or was transferred to a transferee as mentioned in subsection (1)(a) or (b) above;
"relevant date", in the case of a qualifying landing place, means--
(a)
the date when this section comes into force if on that date the landing place has been transferred to a transferee, or
(b)
if the landing place has not been so transferred, the date when it is transferred to the transferee;
"waterman" means a person who navigates a vessel used for carrying passengers for reward.

Chapter XIII Highways

GLA roads

259 Introductory

(1) Section 1 of the [1980 c. 66.] Highways Act 1980 (highway authorities: general provisions) shall be amended as follows.

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

" (2A) Transport for London is the highway authority for all GLA roads. "

(3) In subsection (3) (highways for which a London borough council or the Common Council is the highway authority) after "which are not" there shall be inserted "for the time being GLA roads or".

(4) In section 2(1) of the [1980 c. 66.] Highways Act 1980 (highway authority for road which ceases to be a trunk road) for paragraph (b) (roads in London boroughs) there shall be substituted--

" (b) where the road is situated in Greater London, Transport for London, " .

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