Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

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(3) In subsection (1), the following definitions shall be inserted at the appropriate places--

" "GLA road" (subject to subsection (1C) below) has the same meaning as in the [1980 c. 66.] Highways Act 1980 (see sections 329(1) and 14D(1) of that Act); " ;

" "GLA side road" has the same meaning as in the [1984 c. 27.] Road Traffic Regulation Act 1984 (see sections 124A(9) and section 142(1) of that Act; " ;

" "London local authority" means any council of a London borough or the Common Council of the City of London; " ;

" "the Mayor's transport strategy" means the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999; " ;

" "Minister of the Crown" has the same meaning as in the Ministers of the [1975 c. 26.] Crown Act 1975; " .

(4) After subsection (1) there shall be inserted--

" (1A) Any functions conferred or imposed on the Greater London Authority by or under this Part of this Act shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

(1B) Subsection (1A) above does not apply in relation to any function expressly conferred or imposed on, or made exercisable by, the London Assembly.

(1C) In this Part of this Act, any reference to a GLA road includes a reference to a GLA side road. "

(5) In subsection (6) (power to make orders or regulations to be exercisable by statutory instrument) after "conferred by this Part" there shall be inserted "on a Minister of the Crown".

School crossing patrols, parking attendants and traffic wardens

288 School crossing patrols

(1) Section 26 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (arrangements for patrolling school crossings) shall be amended as follows.

(2) In subsection (2) (definition of the appropriate authority)--

(a) in paragraph (a) (places not in the metropolitan police district or the City) for "not in the metropolitan police district and not in the City of London" there shall be substituted "outside Greater London"; and

(b) for paragraph (c) (places in the metropolitan police district) there shall be substituted--

" (c) as respects places in a London borough, shall be the council for the borough, " .

(3) In subsection (4) (duty of certain authorities to have regard to representations made by other local authorities in their area) in paragraph (a)--

(a) the words "and the commissioner of police of the metropolis", "or him" and "or metropolitan police district" shall cease to have effect; and

(b) after "in the county" there shall be inserted "or".

(4) After subsection (4) there shall be inserted--

" (4A) Before making arrangements under subsection (1) above for the patrolling of places where children cross GLA roads, a London borough council or the Common Council of the City of London must consult Transport for London and take account of any representations made by Transport for London. "

(5) In subsection (5) (agreements between council of a county etc and the police authority)--

(a) after "council of the county" there shall be inserted ", London borough"; and

(b) after "in the county" there shall be inserted ", London borough".

(6) In consequence of the preceding provisions of this section, section 27 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (expenses under section 26 in metropolitan police district) shall cease to have effect.

289 Parking attendants

(1) Section 63A of the [1984 c. 27.] Road Traffic Regulation Act 1984 (parking attendants) shall be amended as follows.

(2) In subsection (4) (parking attendants in Greater London to wear uniform prescribed by Secretary of State when exercising prescribed functions) for "Secretary of State" there shall be substituted "Greater London Authority".

(3) In subsection (5) (definition of "local authority" etc) at the end there shall be added "except that Transport for London shall also be a local authority".

(4) After subsection (5), there shall be inserted--

" (6) For the purposes of this section, the area of Transport for London is Greater London. "

290 Exercise by traffic wardens of functions of parking attendants

(1) Section 95 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (appointment of traffic wardens) shall be amended as follows.

(2) After subsection (4) (which confers power to employ traffic wardens to act as parking attendants at certain street parking places) there shall be inserted--

" (4A) For the purposes of subsection (4) above, Transport for London is a local authority. "

Miscellaneous and supplementary provisions

291 London borough council affecting another authority's roads

After section 121A of the [1984 c. 27.] Road Traffic Regulation Act 1984 there shall be inserted--

" 121B London borough council exercising powers so as to affect another traffic authority's roads

(1) No London borough council shall exercise any power under this Act in a way which will affect, or be likely to affect,--

(a) a GLA road, or

(b) a road in another London borough,

unless the requirements of subsections (2) and (3) below have been satisfied.

(2) The first requirement is that the council has given notice of the proposal to exercise the power in the way in question--

(a) to Transport for London; and

(b) in a case where the road concerned is in another London borough, to the council for that borough.

(3) The second requirement is that--

(a) the proposal has been approved by Transport for London, in the case of a GLA road, or by the London borough council concerned, in the case of any other road; or

(b) the period of one month beginning with the date on which Transport for London and, where applicable, the council received notice of the proposal has expired without Transport for London or the council having objected to the proposal; or

(d) where an objection has been made by Transport for London or a London borough council and not withdrawn, the Greater London Authority has given its consent to the proposal after consideration of the objection.

(4) Before deciding whether to give any consent for the purposes of subsection (3)(d) above, the Greater London Authority may cause a public inquiry to be held.

(5) If Transport for London has reason to believe--

(a) that a London borough council is proposing to exercise a power under this Act in a way which will affect, or be likely to affect, a GLA road or a road in another London borough, and

(b) that notice of the proposal is required to be, but has not been, given in accordance with subsection (2) above,

Transport for London may give a direction to the council requiring it not to proceed with the proposal until the requirements of subsections (2) and (3) above have been satisfied.

(6) If a London borough council exercises any power in contravention of this section, Transport for London may take such steps as it considers appropriate to reverse or modify the effect of the exercise of that power.

(7) For the purposes of subsection (6) above, Transport for London shall have power to exercise any power of the London borough council on behalf of that council.

(8) Any reasonable expenses incurred by Transport for London in taking any steps under subsection (6) above shall be recoverable by Transport for London from the London borough council concerned as a civil debt.

(9) The Mayor of London may issue a direction dispensing with the requirements of subsections (2) and (3) above in such circumstances as may be specified in the direction.

(10) A direction under subsection (9) above may, in particular, dispense with those requirements as respects--

(a) all or any of the London borough councils;

(b) all or any of the GLA roads;

(d) the exercise of such powers as may be specified in the direction in such manner or circumstances as may be so specified.

(11) Any direction under subsection (9) above may be varied or revoked by a further direction under that subsection.

(12) For the purposes of this section--

(a) the City of London shall be treated as if it were a London borough;

(b) the Common Council shall be treated as if it were the council for a London borough; and

292 Interpretation of the Road Traffic Regulation Act 1984

(1) The [1984 c. 27.] Road Traffic Regulation Act 1984 shall be amended as follows.

(2) After section 121B there shall be inserted--

" 121C Functions of GLA under this Act to be exercisable by the Mayor

(1) The functions of the Greater London Authority under this Act shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.

(2) Subsection (1) above does not apply in relation to any function expressly conferred or imposed on, or made exercisable by, the London Assembly. "

(3) In section 142 (general interpretation) the following definitions shall be inserted at the appropriate places in subsection (1)--

" "GLA road" (subject to subsection (4) below) has the same meaning as in the [1980 c. 66.] Highways Act 1980 (see sections 329(1) and 14D(1) of that Act); " ;

" "GLA side road" shall be construed in accordance with section 124A(9) of this Act; " ;

" "trunk road" has the same meaning as in the [1980 c. 66.] Highways Act 1980 (see section 329(1) of that Act) " .

(4) At the end of section 142 there shall be added--

" (4) Any reference in this Act to a GLA road includes a reference to a GLA side road. "

293 Proposals for Royal Parks and highways: consultation

After section 132 of the [1984 c. 27.] Road Traffic Regulation Act 1984 there shall be inserted--

" 132AA Royal Parks or highways in London affected by proposals relating to the other

(1) The Secretary of State shall not exercise any of his functions in relation to the management of roads or traffic in a Royal Park in such a way as to affect a highway in Greater London unless he has consulted--

(a) the traffic authority for the highway, and

(b) Transport for London,

about the exercise of those functions in that way.

(2) The duty imposed by subsection (1) above shall not apply if it would not be reasonably practicable for the Secretary of State to consult the traffic authority or Transport for London before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State shall inform the traffic authority and Transport for London that those functions have been so exercised.

(3) A traffic authority shall not exercise any of its functions in relation to a highway in Greater London in such a way as to affect a Royal Park unless it has consulted the Secretary of State about the exercise of those functions in that way.

(4) The duty imposed by subsection (3) above shall not apply if it would not be reasonably practicable for the traffic authority to consult the Secretary of State before exercising functions; but, in such a case, as soon as practicable after so exercising functions the highway authority shall inform the Secretary of State that those functions have been so exercised.

(5) In this section "Royal Park" means any park to which the [1872 c. 15.] Parks Regulation Act 1872 applies (see sections 1 and 3 of the [1926 c. 36.] Parks Regulation (Amendment) Act 1926). "

294 Repeal of certain enactments

(1) The following enactments shall cease to have effect--

(a) sections 12, 13 and 76 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (experimental traffic schemes carried out in Greater London by the police);

(b) paragraph 53 of Schedule 4 to the [1985 c. 51.] Local Government Act 1985 (which relates to the abolition of metropolitan roads and is spent);

(c) Part II of Schedule 5 to the [1985 c. 51.] Local Government Act 1985 (supplementary provisions relating to road traffic) so far as relating to Greater London;

(d) sections 50 to 63 and 80 of, and Schedule 5 to, the [1991 c. 40.] Road Traffic Act 1991 (priority routes, local plans, trunk road plans and the Traffic Director for London).

(2) Any guidance given by the Secretary of State under any of the provisions of the [1985 c. 51.] Local Government Act 1985 or the [1991 c. 40.] Road Traffic Act 1991 mentioned in subsection (1) above shall, until such time as it is superseded by the transport strategy, continue in force and have effect as if it were part of that strategy (and shall accordingly be subject to revocation or variation by the Mayor).

(3) So far as relating to roads which are or become GLA roads, the Traffic Director for London's network plan under section 52 of the [1991 c. 40.] Road Traffic Act 1991 shall, until such time as it is superseded by the transport strategy, continue in force and have effect as if it were part of that strategy.

(4) Any trunk road local plans prepared or in the course of preparation under section 56 of the [1991 c. 40.] Road Traffic Act 1991 by the Traffic Director for London shall, until such time as they are superseded by the transport strategy, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as part of that strategy.

(5) In subsections (6) and (7) below "relevant local plans" means any local plans prepared or in the course of preparation by a London borough council or the Common Council under section 54 of the [1991 c. 40.] Road Traffic Act 1991.

(6) To the extent that they relate to roads which are or become GLA roads, within the meaning of the [1980 c. 66.] Highways Act 1980, any relevant local plans shall, until such time as they are superseded by the transport strategy, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as part of that strategy.

(7) To the extent that they relate to roads other than those mentioned in subsection (6) above, any relevant local plans shall, until such time as they are superseded by local implementation plans under section 145 above, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as local implementation plans under that section.

(8) Any reference in this section to a GLA road includes a reference to a GLA side road.

Chapter XV New Charges and Levies

295 Road user charging

(1) Each of the following bodies, namely--

(a) Transport for London,

(b) any London borough council, or

may establish and operate schemes for imposing charges in respect of the keeping or use of motor vehicles on roads in its area.

(2) Schedule 23 to this Act (which makes provision supplementing this section) shall have effect.

(3) For the purposes of this section and that Schedule "motor vehicle" has the meaning given in section 185(1) of the [1988 c. 52.] Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) shall apply for those purposes as it applies for the purposes of the Road Traffic Acts.

296 Workplace parking levy

(1) Each of the following bodies, namely--

(a) Transport for London,

(b) any London borough council, or

may establish and operate schemes for the licensing of persons providing workplace parking places in Greater London.

(2) Schedule 24 to this Act (which makes provision supplementing this section) shall have effect.

Chapter XVI Transition from London Regional Transport to Transport for London

297 Transfers of property, rights and liabilities

(1) The Secretary of State shall from time to time prepare programmes for the transfer to Transport for London of property, rights and liabilities of London Regional Transport--

(a) for the purpose of enabling Transport for London to perform its functions as they become exercisable; or

(b) in preparation for the dissolution of London Regional Transport;

and in this Chapter "transfer programme" means a programme under this subsection.

(2) Any powers conferred by Part XII below are exercisable for the purpose of implementing any transfer programme.

(3) A transfer programme may include plans relating to--

(a) the transfer of rights and liabilities under contracts of employment;

(b) the provision of pensions, within the meaning of section 411 below;

(d) the creation of rights or liabilities;

(e) the transfer of statutory functions;

(f) the exercise of any other powers under Part XII below.

(4) A transfer programme may provide for different property, rights or liabilities to be transferred on different days.

(5) To the extent that a transfer programme has not been implemented, it may be varied or replaced by another such programme.

298 Functions during the transitional period

(1) In this section "transitional purpose" means the purpose of--

(a) facilitating the securing and carrying into effect of PPP agreements under Chapter VII above;

(b) facilitating the transfer of property, rights or liabilities of London Regional Transport to Transport for London;

(c) facilitating the transfer of functions, property, rights or liabilities to Transport for London from any other body or person from whom they are or may be so transferred under or by virtue of this Act;

(d) facilitating the exercise by Transport for London of any functions so transferred; or

(e) securing that public passenger transport services continue to be provided without disruption.

(2) London Regional Transport shall be under a duty, and shall be taken at any time before the coming into force of this section to have had power, to do all such things as it considers appropriate for any transitional purpose.

(3) In discharging their functions during the transitional period it shall be the duty of--

(a) the Mayor,

(b) London Regional Transport, and

to consult and co-operate with each other for any transitional purpose.

(4) The following provisions of this section have effect for the purpose of facilitating the discharge of the duty of co-operation imposed on London Regional Transport and Transport for London by subsection (3) above.

(5) London Regional Transport and Transport for London shall each provide to the other such information as may reasonably be required by that other for the purpose of discharging any of its functions during the transitional period.

(6) London Regional Transport and Transport for London shall each have power to enter into arrangements with the other--

(a) for the provision by the one for the other of administrative, technical or professional services or of passenger transport services;

(b) for the one to make available for use by the other, or for shared use by each of them, any land, equipment or other property;

(c) for the one to place any of its officers or other members of staff at the disposal of the other, for the purposes of its functions;

(d) for the discharge by the one of any functions of the other on its behalf.

(7) Arrangements entered into under subsection (6) above may be on such terms as may be agreed between London Regional Transport and Transport for London.

(8) Arrangements by virtue of paragraph (c) of subsection (6) above may only be entered into after consultation with the officers or members of staff concerned.

(9) In this Chapter "the transitional period" means the period which--

(a) begins with the coming into force of this section; and

(b) ends on the day on which London Regional Transport ceases to provide or secure the provision of public passenger transport services.

299 Fares etc during the transitional period

(1) If provision is made under or by virtue of this Act which has the effect of applying to any extent in relation to London Regional Transport during the transitional period--

(a) the powers conferred on the Mayor by section 155 above, and

(b) the duty imposed on the Mayor by section 174 above,

then the Mayor, in discharging that duty as so applied in relation to London Regional Transport, shall act in a way which he considers will not prejudice the financial or other interests of London Regional Transport, having regard to the financial and other interests of Transport for London.

(2) If provision is made under or by virtue of this Act which has the effect of--

(a) applying to any extent in relation to London Regional Transport during the transitional period any of the provisions contained in sections 240 to 243 above or Schedule 16 to this Act, and

(b) authorising or requiring Transport for London during the transitional period to act on behalf of London Regional Transport for the purposes of any of those provisions as so applied,

then Transport for London, in acting on behalf of London Regional Transport for those purposes, shall do so in a way which (having regard to its own financial and other interests) it considers will not prejudice the financial or other interests of London Regional Transport.

300 Continuity: repealed or revoked functions

(1) In this section--

"abolished function" means any function of London Regional Transport which was conferred or imposed by a statutory provision which is repealed or revoked by or under this Act;
"abolition", in relation to an abolished function, means the coming into force of the repeal or revocation of the provision conferring or imposing the function;
"statutory provision" means an enactment contained in--
(a)
an Act passed before the date on which London Regional Transport is dissolved or in the Session in which that date falls; or
(b)
subordinate legislation made before that date or in that Session.

(2) There may be continued by or in relation to Transport for London anything (including legal proceedings) which relates to an abolished function and is in the process of being done by or in relation to London Regional Transport immediately before the abolition of the function.

(3) Anything which--

(a) was made or done by or in relation to London Regional Transport for the purposes of or in connection with an abolished function, and

(b) is in effect immediately before the abolition of the function,

shall have effect as if made or done by or in relation to Transport for London.

(4) Transport for London shall be substituted for London Regional Transport in any instruments, contracts or legal proceedings which relate to an abolished function and which were made or commenced before the abolition of the function.

(5) Subsections (2) to (4) above do not apply in relation to an abolished function to the extent that the repeal or revocation of the statutory provision by which the function was conferred or imposed comes into force on terms which provide otherwise.

(6) Any reference in this section to anything made or done by or in relation to London Regional Transport includes a reference to anything which by virtue of any enactment is treated as having been made or done by or in relation to London Regional Transport.

301 Transfer of former functions of LTE, records and relics

(1) Any functions of the London Transport Executive established under section 4 of the [1969 c. 35.] Transport (London) Act 1969 which, by virtue of section 67(1) of the [1984 c. 32.] London Regional Transport Act 1984 are exercisable by London Regional Transport, shall instead be exercisable by Transport for London.

(2) In section 144 of the [1968 c. 73.] Transport Act 1968 (transfer and disposal of historical records and relics) for "London Regional Transport" in each place where it occurs there shall be substituted "Transport for London".

302 Dissolution of London Regional Transport

When the Secretary of State is satisfied that provision has been made for the transfer of all property, rights and liabilities of London Regional Transport, he may by order provide for the dissolution of London Regional Transport.

303 Interpretation of Chapter XVI

In this Chapter--

"transfer programme" has the meaning given by section 297(1) above;
"the transitional period" has the meaning given by section 298(9) above.

Part V The London Development Agency

304 Appointment of members by the Mayor

In section 2 of the [1998 c. 45.] Regional Development Agencies Act 1998 (constitution of the regional development agencies) after subsection (5) there shall be inserted--

" (6) Subsection (3)(d) does not apply in relation to the London Development Agency.

(7) Subsections (1) to (4), apart from subsection (3)(d), have effect in relation to the London Development Agency--

(a) as if references to the Secretary of State were references to the Mayor of London, and

(b) subject to subsections (8) to (11).

(8) The Mayor of London must also consult the London Assembly before making an appointment under subsection (1).

(9) The Mayor of London may only make an appointment under subsection (1) if, after the appointment takes effect, there will be at least four members of the London Development Agency who are, or were at the time of their appointment, elected members of--

(a) the London Assembly,

(b) a London borough council, or

(10) The Mayor of London may only make an appointment under subsection (1) if, after the appointment takes effect, at least half of the members of the London Development Agency will be persons who appear to the Mayor to be persons who have experience of running a business.

(11) The Mayor of London may only designate a person under subsection (4)(a) to be the chairman of the London Development Agency if that person appears to the Mayor to be a person who has experience of running a business. "

305 Delegation of functions by Ministers to the Mayor

(1) In section 6 of the [1998 c. 45.] Regional Development Agencies Act 1998 (delegation of functions by Ministers to regional development agencies) after subsection (6) there shall be inserted--

" (7) The power of a Minister of the Crown to delegate a function under this section to the London Development Agency has effect subject to section 6A. "

(2) After that section there shall be inserted--

" 6A Delegation of functions to the Mayor of London and the London Development Agency

(1) The power of a Minister of the Crown under section 6(1) to delegate a function--

(a) may be exercised to delegate the function to the Mayor of London instead of to the London Development Agency, and

(b) may only be exercised to delegate the function to the London Development Agency with the consent of the Mayor of London.

(2) Where a Minister of the Crown delegates a function to the Mayor of London under section 6(1) by virtue of subsection (1)(a)--

(a) section 6(3) and (4), and

(b) Schedule 3,

have effect in relation to the delegation as if the Mayor of London were for this purpose a regional development agency.

(3) In any case where--

(a) a function has been delegated to the Mayor of London under section 6(1) by virtue of subsection (1)(a), and

(b) the Mayor of London, by an authorisation given in accordance with section 38 of the Greater London Authority Act 1999, makes the function exercisable by the London Development Agency,

the authorisation must be made subject to such conditions as are necessary to ensure that any conditions subject to which the function is delegated to him are also imposed on the London Development Agency. "

306 The London Development Agency strategy

(1) In section 7 of the [1998 c. 45.] Regional Development Agencies Act 1998 (duty of regional development agencies to formulate a strategy) after subsection (3) there shall be inserted--

" (4) Subsections (1) and (2) do not apply in relation to the London Development Agency. "

(2) After that section there shall be inserted--

" 7A The London Development Agency strategy

(1) The London Development Agency shall formulate and submit to the Mayor of London (referred to in this section and section 7B as "the Mayor") a draft strategy in relation to its purposes.

(2) As soon as reasonably practicable after the draft strategy has been submitted to the Mayor, the Mayor shall prepare and publish a document to be known as the "London Development Agency strategy".

(3) The London Development Agency strategy published under subsection (2) shall be the draft strategy submitted to the Mayor under subsection (1), with such modifications (if any) as he considers appropriate.

(4) The London Development Agency shall keep the London Development Agency strategy under review and may submit proposed revisions of it to the Mayor.

(5) The London Development Agency and each of--

(a) Transport for London,

(b) the Metropolitan Police Authority, and

shall in the exercise of any function have regard to the London Development Agency strategy.

(6) The Mayor may give the London Development Agency guidance and directions, in particular, with respect--

(a) to the preparation, content and submission of the draft strategy under subsection (1), or

(b) to keeping the London Development Agency strategy under review.

(7) Where the Mayor revises the London Development Agency strategy, he shall publish it as revised.

(8) Before publishing the London Development Agency strategy the Mayor shall consult--

(a) the persons whom he is required to consult by virtue of section 42 of the Greater London Authority Act 1999, and

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