Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

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(6) Sub-paragraphs (7) and (8) below have effect with respect to the burden of proof in any action for the recovery of a penalty fare under this paragraph, so far as concerns the question whether the facts of the case fall within sub-paragraphs (2), (3)(b) or (4) above.

(7) In any case where the defendant has provided the plaintiff with a relevant statement in due time it shall be for the plaintiff to show that the facts of the case do not fall within sub-paragraph (2), (3)(b) or (4) above and in any other case it shall be for the defendant to show that the facts of the case fall within any of those provisions.

(8) For the purposes of sub-paragraph (7) above--

(a) a relevant statement is a statement giving an explanation of the defendant's failure to produce a fare ticket, general travel authority or (where relevant) deferred fare authority, together with any information as to his journey relevant to that explanation (including, in every case, an indication of the time when and the station where he started to travel on the train service and also, if he started so to travel when he transferred from a train service provided by a third person, the time when and the statio where he started to travel on that service); and

(b) a statement is provided in due time if it is provided when the defendant is required to produce a fare ticket or general travel authority, or at any later time before the expiration of the period of 21 days beginning with the day following the day on which the journey is completed.

Amount of penalty fare

5 (1) Subject to sub-paragraph (2) below, a penalty fare shall be--

(a) in respect of any journey on a local service, £5;

(b) in respect of any train journey, £10;

and shall be payable to the person providing the service on which the requirement to pay the penalty fare is made before the expiration of the period of 21 days beginning with the day following the day on which the journey is completed.

(2) The Mayor may by order prescribe that the amount of the penalty fare in either or both of the cases set out in sub-paragraph (1) above shall be different (whether higher or lower).

(3) No order may be made by the Mayor under sub-paragraph (2) above unless he has consulted the Secretary of State and--

(a) such persons or bodies representative of local authorities,

(b) such persons or bodies representative of those who travel on local services and train services, and

as the Mayor considers it appropriate to consult.

Documents in connection with penalty fare requirement

6 (1) An authorised person who requires a person (referred to below as "the passenger") to pay a penalty fare shall give him either a receipt for the payment of the amount of the penalty (where the passenger makes that payment to the authorised person) or a notice stating that the requirement has been made.

(2) A receipt or notice given under sub-paragraph (1) above shall specify the passenger's destination on the local service or train service on which he is travelling when required to pay the penalty fare, and shall operate as an authority to him to complete his journey to or at that destination.

(3) For the purposes of sub-paragraph (2) above, the passenger's destination shall (unless he is at that destination or only one destination is possible in the circumstances) be taken to be the destination stated by the passenger or, in default of any statement by him for that purpose, such destination as may be specified by the authorised person.

Supplementary provision

7 (1) A person who is required to pay a penalty fare shall, unless he pays, immediately and in cash, the amount of the penalty fare to an authorised person requiring such payment, give to that authorised person, if that person requires him to do so, his name and address.

(2) A person failing to give his name and address when required to do so under sub-paragraph (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3) Transport for London shall secure that the requirements of sub-paragraph (4) or, as the case may be, (5) below with respect to warning notices are met in the case of a local service or train service in relation to travel on which the penalty fare provisions have effect.

(4) In the case of a local service, a warning notice meeting the requirements of sub-paragraphs (6) and (7) below shall be posted in every vehicle used in providing that service or, where any such vehicle has more than one deck, on each deck of that vehicle, in such a position as to be readily visible to persons travelling on the vehicle.

(5) In the case of a train service, a warning notice meeting the requirements of sub-paragraphs (6) and (7) below shall be posted--

(a) at every station at which persons may start to travel on that service, in such a position as to be readily visible to prospective passengers; and

(b) in every carriage of every train used in providing that service in such a position as to be readily visible to passengers travelling in the carriage.

(6) A warning notice posted pursuant to sub-paragraph (4) or (5) above shall (however expressed) indicate the circumstances (as provided in paragraph 3(1) or (2) above or, as the case may be, paragraph 4(1) above) in which persons travelling on the service in question may be liable to pay a penalty fare.

(7) Every warning notice posted in pursuance of this paragraph shall state the amount of the relevant penalty fare.

(8) Where an authorised person requires any person to do anything pursuant to any provision of this Schedule he shall, if so requested by the person concerned, produce to that person a duly authenticated document showing his authority.

(9) A requirement by an authorised person shall be of no effect if, as respects that requirement, he fails to comply with sub-paragraph (8) above.

Exclusion of double liability

8 (1) Where a person has become liable under paragraph 3 or 4 above to pay a penalty fare in respect of any journey on a local service or any train journey (referred to below as "the relevant journey"), no proceedings may be brought against him for any of the offences specified in sub-paragraph (3) below before the end of the period mentioned in paragraph 5(1) above.

(2) No proceedings may be brought after the end of that period if--

(a) before the end of that period, the person who has become liable to pay the penalty fare has paid it to the person providing the service on which the requirement to pay it was made; or

(b) an action has been brought against the person who has become liable to pay the penalty fare for the recovery of that fare.

(3) The offences mentioned in sub-paragraph (1) above are--

(a) any offence under section 5(3)(a) or (b) of the [1889 c. 57.] Regulation of Railways Act 1889 (travelling without paying the correct fare with intent to avoid payment) arising from the relevant journey;

(b) any offence under byelaws made under section 67 of the [1962 c. 46.] Transport Act 1962 or paragraph 26 of Schedule 11 to this Act (byelaws for railways, etc.) involving a failure to obtain or produce a fare ticket or general travel authority for the relevant journey; and

(c) any offence under section 25(3) of the [1981 c. 14.] Public Passenger Vehicles Act 1981 of contravening or failing to comply with any provision of regulations for the time being having effect by virtue of that section by failing to pay the fare properly payable for the relevant journey or any part of it.

(4) If proceedings are brought in contravention of this paragraph the person who has become liable to pay the penalty fare shall cease to be liable to pay it, but where that person has paid that fare, the person to whom it is paid shall be liable to repay to that person the amount of that fare.

Power to apply Schedule to certain other train services

9 (1) This paragraph applies to any services for the carriage of passengers by railway which do not fall within paragraph 2(1) above but which--

(a) are provided wholly within Greater London; and

(b) 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 train services".

(2) The Mayor may, on the application of a person who provides qualifying train services, by order provide that this Schedule shall apply, from such date and with such modifications as may be specified in the order, to qualifying train services provided by that person.

(3) The power to make an order under sub-paragraph (2) above includes power, exercisable in the same manner and subject to the same conditions and limitations, to revoke, amend or re-enact any such order.

(4) Without prejudice to sub-paragraph (3) above, an order under sub-paragraph (2) above may specify circumstances in which the order shall cease to have effect before the expiry of any period specified in such an order.

(5) An order under sub-paragraph (2) above, and any order revoking, amending or re-enacting such an order, may contain such incidental, supplemental, consequential or transitional provision as may appear to the Mayor to be necessary or expedient.

(6) Where a person makes an application for an order under sub-paragraph (2) above, or for an order revoking, amending or re-enacting such an order, the Mayor may recover from that person payments in respect of the administrative costs reasonably incurred in connection with--

(a) the application, and

(b) if an order is made as a result of the application, the making of the order,

not exceeding £5,000 in the aggregate.

(7) The Mayor shall secure that any order under sub-paragraph (2) above, and any order revoking, amending or re-enacting any such order, is printed and published.

(8) A fee may be charged for the sale of an order printed and published under sub-paragraph (7) above.

(9) Where any services become qualifying services by virtue of an order under sub-paragraph (1)(b) above, any order which--

(a) is contained in a statutory instrument made by the Secretary of State,

(b) makes provision for or in connection with the imposition of penalty fares on passengers travelling on those services, and

(c) is in force immediately before this paragraph begins to apply to the services by virtue of the order under sub-paragraph (1)(b) above,

may, so far as relating to those services, be revoked under this paragraph as if it were an order under sub-paragraph (2) above.

(10) This paragraph applies in relation to a tramway as it applies in relation to a railway.

(11) In this paragraph "railway" and "tramway" have the meaning given by section 67(1) of the [1992 c. 42.] Transport and Works Act 1992.

Appeals

10 (1) If requested to do so by the Mayor, the Secretary of State shall by regulations make provision enabling a person required to pay a penalty fare to appeal against that requirement.

(2) Regulations under this paragraph may include provision--

(a) for appeals to be heard and determined by independent adjudicators,

(b) for the appointment of such adjudicators,

(c) for requiring Transport for London to reconsider, before an appeal is determined, whether the appellant should be required to pay the penalty fare, and

(d) for the adjudicator's directions in relation to an appeal to be binding upon Transport for London and the appellant.

Repeal of London Regional Transport (Penalty Fares) Act 1992

11 The [1992 c. xvi] London Regional Transport (Penalty Fares) Act 1992 shall cease to have effect.

Section 247.

SCHEDULE 18 London Transport Users' Committee

Chairman

1 If the Assembly so determines, there shall be paid to the chairman of the Committee such remuneration as the Assembly may determine.

2 If the Assembly so determines in the case of a person who has been remunerated under paragraph 1 above, a pension shall be paid to or in respect of that person, or payments towards the provision of a pension to or in respect of that person shall be made, in accordance with the determination.

3 If a person in receipt of remuneration under paragraph 1 above as chairman ceases to hold that office, and it appears to the Assembly that there are special circumstances which make it right that that person should receive compensation, he shall be paid by way of compensation a sum of such amount as the Assembly may determine.

4 The Assembly shall provide the Committee with funds with which to make payments in accordance with any determination made by the Assembly under paragraphs 1 to 3 above.

Officers

5 (1) The Committee may appoint such officers as appear to the Committee to be requisite for the performance of their functions.

(2) Appointments made under sub-paragraph (1) are--

(a) to be made in accordance with any rules of appointment made by the Authority, and

(b) subject to the approval of the Assembly.

Remuneration

6 (1) The Assembly shall provide the Committee with funds with which to pay--

(a) to their members, such travelling and other allowances as the Assembly may determine, and

(b) to their officers, such remuneration and such travelling and other allowances as the Committee may with the approval of the Assembly determine.

(2) The Assembly shall provide the Committee with funds with which to defray such other expenses in connection with the Committee's functions as the Assembly may determine to be appropriate.

(3) The Committee shall prepare and send to the Assembly not less than two months, or such other period as the Assembly may specify, before the beginning of each financial year a statement of the expenses which they expect to incur in respect of that year for the purposes of, or in connection with, the carrying on of their functions.

(4) The Assembly shall consider any statement sent to it under sub-paragraph (3) above and shall either approve the statement or approve it with such modifications as it considers appropriate.

Pensions

7 (1) There shall be paid such pensions, or arrangements shall be made for the payment of such pensions, as the Assembly may determine to or in respect of such persons who are or have been officers of the Committee as the Assembly may determine.

(2) The Assembly shall provide the Committee with funds with which to pay any such pension or to finance any such arrangements.

Accounts

8 (1) The Committee shall keep accounting records which--

(a) set out and explain the Committee's financial transactions,

(b) disclose with reasonable accuracy the financial status of the Committee at any time, and

(2) The Committee shall prepare in respect of each financial year a statement of accounts giving a true and fair view of--

(a) the Committee's financial status at the end of that year, and

(b) the Committee's income and expenditure for that year.

(3) If the Assembly issues guidance to the Committee as to the preparation of a statement of accounts, the Committee shall prepare the statement of accounts in compliance with the direction.

(4) A statement of accounts shall be audited by a person appointed by the Assembly as auditor to do so.

(5) A person shall not be qualified to be appointed as auditor unless--

(a) he is eligible for appointment as a company auditor under Part II of the [1989 c. 40.] Companies Act 1989 (eligibility for appointment as company auditor), and

(b) if the Committee were a company to which section 384 of the [1985 c. 6.] Companies Act 1985 applies (duty to appoint auditors), he would not be ineligible for appointment as company auditor of the Committee by virtue of section 27 of the [1989 c. 40.] Companies Act 1989 (ineligibility on ground of lack of independence).

(6) As soon as reasonably practicable after a statement of accounts has been audited, the auditor shall send a copy to the Assembly.

(7) The Committee's financial year shall be such period as may be determined by the Assembly and notified to the Committee.

Accommodation

9 The Assembly may after consultation with the Rail Regulator make arrangements for the Committee to be provided with office accommodation.

Constitution and procedure

10 (1) The persons appointed to be members of the Committee shall hold and vacate office in accordance with the terms of their respective appointments and shall, on ceasing to be members of the Committee, be eligible for reappointment.

(2) Any person so appointed may at any time by notice in writing to the Assembly resign his office.

11 (1) The Committee shall meet--

(a) at least twice a year; and

(b) whenever convened by the chairman.

(2) Without prejudice to the discretion of the chairman to call a meeting whenever he thinks fit, he shall call a meeting when required to do so by any three members of the Committee.

(3) Minutes shall be kept of the proceedings of every meeting of the Committee; and copies of those minutes shall be sent to the Assembly, the Rail Regulator and the Central Rail Users' Consultative Committee.

(4) Subject to the provisions of this Schedule the Committee shall determine their own procedure (including the quorum at meetings of the Committee).

12 The Committee may delegate the exercise and performance of any of their functions to such sub-committees of the Committee as they think fit.

13 (1) A sub-committee of the Committee may with the consent of the Assembly include persons who are not members of the Committee.

(2) Where a person who is not a member of the Committee is a member of such a sub-committee, the Committee may pay to that person such travelling and other allowances in respect of that person's membership of the sub-committee as the Committee may determine.

14 The validity of any proceedings of the Committee shall not be affected by any vacancy amongst the members or by any defects in the appointment of a member.

Admission of public to meetings.

15 (1) Subject to sub-paragraph (2) below, meetings of the Committee shall be open to the public.

(2) The public shall be excluded during any item of business where--

(a) it is likely, were members of the public to be present during that item, that information furnished in confidence to the Committee by the Rail Regulator or the Franchising Director would be disclosed in breach of the obligation of confidence;

(b) the Committee have resolved that, by reason of the confidential nature of the item or for other special reasons stated in the resolution, it is desirable in the public interest that the public be excluded; or

(i) any matter which relates to the affairs of an individual, or

(ii) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate,

where public disclosure of that matter would or might, in the opinion of the committee, seriously and prejudicially affect the interests of that individual or body.

(3) The Committee shall give such notice--

(a) of any meeting of the Committee which is open to the public, and

(b) of the business to be taken at that meeting (other than items during which the public is to be excluded),

as they consider appropriate for the purpose of bringing the meeting to the attention of interested members of the public.

Investigation of complaints

16 (1) Section 25 of the [1974 c. 7.] Local Government Act 1974 (authorities subject to investigation by the Commission for Local Administration) shall be amended as follows.

(2) In subsection (1)--

(a) the word "and" preceding paragraph (d) shall cease to have effect; and

(b) at the end of paragraph (d) there shall be inserted " ; and

(e) the London Transport Users' Committee. "

(3) After subsection (4A) (which is inserted by section 74(3) above) there shall be inserted--

" (4B) Any reference to an authority to which this Part of this Act applies also includes, in the case of the London Transport Users' Committee, a reference to a sub-committee of that Committee. "

Interpretation

17 In this Schedule "the Franchising Director" means the Director of Passenger Rail Franchising appointed by the Secretary of State under section 1 of the [1993 c. 43.] Railways Act 1993.

Section 252.

SCHEDULE 19 Amendment of enactments relating to the London Regional Passengers' Committee

The Transport Act 1962

1 In section 56(20)(b) of the [1962 c. 46.] Transport Act 1962 (meaning of "consultative committee" for the purposes of the section) for "London Regional Passengers' Committee" there shall be substituted "London Transport Users' Committee".

The Chronically Sick and Disabled Persons Act 1970

2 In section 14 of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970 (regard to be had to the desirability of appointing persons with experience of the needs of disabled persons to statutory committees) for "London Regional Passengers' Committee" there shall be substituted "London Transport Users' Committee".

The House of Commons Disqualification Act 1975

3 In Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975, in Part III (holders of certain offices disqualified for membership of the House of Commons) for "Chairman in receipt of remuneration of the London Regional Passengers' Committee" there shall be substituted "Chairman in receipt of remuneration of the London Transport Users' Committee".

The Transport Act 1985

4 (1) Section 123 of the [1985 c. 67.] Transport Act 1985 (supplementary provisions relating to bus substitution services etc) shall be amended as follows.

(2) In subsection (1)(a) (definition of "Area Committee") for "London Regional Passengers' Committee" there shall be substituted "London Transport Users' Committee".

(3) For the words in subsection (1) following paragraph (c), beginning "the London Regional Passengers' Committee" to the end of the subsection (meaning of "London area"), there shall be substituted "the London Transport Users' Committee is the Rail Users' Consultative Committee by virtue of section 2(9) of the Railways Act 1993.".

The Railways Act 1993

5 (1) The [1993 c. 43.] Railways Act 1993 shall be amended as follows.

(2) Section 2(1) (which abolishes the Area Transport Users Consultative Committees and provides that the London Regional Passengers' Committee shall cease to be treated as such a committee) shall cease to have effect.

(3) In section 2(9) (which gives the meaning of "the Greater London area" for the purposes of the section) for the words from "immediately before the coming into force of this section" to the end there shall be substituted "immediately before the coming into force of section 252(1) of the Greater London Authority Act 1999 (which substitutes the London Transport Users' Committee for the London Regional Passengers' Committee in subsection (4) above) the London Regional Passengers' Committee was the co sultative committee under subsection (4) above.".

(4) In section 3(3)(b) (chairmen of consultative committees and chairman of London Regional Passengers' Committee to be members of the Central Rail Users' Consultative Committee) for "London Regional Passengers' Committee" there shall be substituted "London Transport Users' Committee".

(5) In section 47(4)(b) (modification of section 123 of the Transport Act 1985 relating to bus substitution services in its application to the Franchising Director) for "London Regional Passengers' Committee" there shall be substituted "London Transport Users' Committee".

(6) In section 145(7) (interpretation of the section, which relates to restrictions on disclosure of information under the Act) for "London Regional Passengers' Committee" there shall be substituted "London Transport Users' Committee".

Section 253.

SCHEDULE 20 Hackney carriages

Part I Transfers of functions and amendments

The London Hackney Carriages Act 1843

1 (1) All the jurisdiction, powers, authorities, privileges, interests and duties which, immediately before the coming into force of this paragraph, were vested in or exercisable by the Commissioners of Police of the Metropolis by virtue of section 2 of the [1850 c. 7.] London Hackney Carriages Act 1850 (transfer of functions of registrar of metropolitan public carriages to Commissioners of Police of the Metropolis) are transferred to and vested in Transport for London by this sub-paragraph.

(2) The [1843 c. 86.] London Hackney Carriages Act 1843 shall accordingly be amended as follows.

(3) For "the registrar" and "the said registrar", wherever occurring, there shall be substituted "Transport for London".

(4) In section 18 (licences and tickets to be delivered up on discontinuance of licence) for "him" there shall be substituted "Transport for London".

(5) In section 19 (new tickets to be delivered instead of defaced or lost tickets) for "for the use of Her Majesty" there shall be substituted "to Transport for London".

The London Hackney Carriages Act 1850

2 (1) The [1850 c. 7.] London Hackney Carriages Act 1850 shall be amended as follows.

(2) In section 4 (standings for hackney carriages to be appointed and regulated by the Commissioners of Police of the Metropolis)--

(a) for "the said Commissioners of Police" and, where first and second occurring, "the said commissioners" there shall be substituted "Transport for London";

(b) for "signed by one of the said commissioners" there shall be substituted "signed by a person authorised for the purpose by Transport for London";

(c) for "the office of the Commissioners of Police in the City of Westminster" there shall be substituted "the offices of Transport for London";

(d) for "the signature of the said commissioner" there shall be substituted "the aforesaid signature".

The London Hackney Carriage Act 1853

3 (1) The [1853 c. 33.] London Hackney Carriage Act 1853 shall be amended as follows.

(2) In section 2 (powers of inspection of carriages etc) for--

(a) "the said Commissioners of Police", and

(b) "the said commissioners", in both places where those words occur,

there shall be substituted "Transport for London".

(3) In section 17 (penalties for offences) in paragraph 1 (excessive fares and refusal to carry authorised number of passengers or reasonable quantity of luggage) for "the said Commissioners of Police" there shall be substituted "Transport for London".

(4) In section 20 (powers of Commissioners of Police etc) for the words from the beginning to "appoint; and" there shall be substituted "In this Act".

The London Hackney Carriage (No. 2) Act 1853

4 (1) The [1853 c. 127.] London Hackney Carriage (No. 2) Act 1853 shall be amended as follows.

(2) In section 16 (proprietors withdrawing carriage from hire beyond a certain time liable to penalty) for "the said Commissioners of Police" and "the Commissioners of Police" there shall be substituted "Transport for London".

The Metropolitan Public Carriage Act 1869

5 (1) The [1869 c. 115.] Metropolitan Public Carriage Act 1869 shall be amended as follows.

(2) In section 4 (interpretation)--

(a) for the definition of "Prescribed" there shall be substituted the following definitions--

" "London cab order" shall mean an order made by Transport for London.

"Prescribed" shall mean prescribed by London cab order. " ; and

(b) at the end of the section there shall be added the following paragraph--

" Any power to make a London cab order under this Act includes power to vary or revoke a previous such order. "

(3) For section 6 (grant of hackney carriage licences) there shall be substituted--

" 6 Grant of hackney carriage licences

(1) Transport for London shall have the function of licensing to ply for hire within the limits of this Act hackney carriages, to be distinguished in such manner as may be prescribed.

(2) A licence under this section may--

(a) be granted on such conditions,

(b) be in such form,

(d) generally be dealt with in such manner,

as may be prescribed.

(3) Subsection (2) of this section is subject to the following provisions of this section.

(4) A licence under this section shall, if not revoked or suspended, be in force for one year.

(5) A fee of such amount (if any) as Transport for London may determine shall be paid to Transport for London--

(a) by any applicant for a licence under this section, on making the application for the licence;

(b) by any applicant for the taking or re-taking of any test or examination, or any part of a test or examination, with respect to any matter of fitness, on making the application for the taking or re-taking of the test, examination or part; and

(6) In paragraph (b) of subsection (5) of this section "matter of fitness" means--

(a) any matter as respects which Transport for London must be satisfied before granting a licence under this section; or

(b) any matter such that, if Transport for London is not satisfied with respect to the matter, they may refuse to grant a licence under this section.

(7) Different amounts may be determined under subsection (5) of this section for different purposes or different cases.

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