| Greater London Authority Act 1999 | |
| 1999 Chapter 29 - continued | |
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CHAPTER VI - RAILWAYS
Sections 196 and 197: The Authority and the Franchising Director
325. Under section 196 the Authority will be able to issue instructions and guidance to the Franchising Director about the management of passenger rail franchises serving London. (Franchised rail services are passenger rail services operated under a franchise agreement between the Franchising Director and a train operating company.) The instructions and guidance can cover services to, from and within Greater London, but the Franchising Director must not follow the guidance where to do so would prevent or seriously hinder him from complying with guidance issued to him by the Secretary of State or have an adverse impact on passenger services outside London or require the Franchising Director to make additional payments to franchise operators from his own budget.
326. Section 197 places the Franchising Director under a duty to consult the Mayor over proposed changes to service levels and fares on London rail services.
327. Section 198 amends LRT's existing exemption under sections 7 and 20 (licence and facility exemptions) of the Railways Act 1993, to bring TfL, its subsidiaries and PPP companies within its scope. The Railways (London Regional Transport) (Exemptions) Order 1994, under that Act, grants an exemption to every LRT company from the requirement to be authorised by licence to be an operator of a network (or connected light maintenance depot or train) on which it is the exclusive operator. It exempts LRT companies from the access provisions of the Railways Act 1993 in respect of such networks, stations and light maintenance depots. And it also exempts all LRT railway passenger services from designation as eligible for franchising and all LRT services, networks, stations and light maintenance depots from the standard closure provisions.
328. Section 199 enables the Secretary of State to grant a new exemption under sections 7 and 20 of the Railways Act 1993. He may make an exemption order, on the request of LRT or TfL, and in respect of a network on which some or all of the regular scheduled passenger services are operated by LRT or TfL. This allows for the possibility of future integration with the national network under arrangements which might not be covered by the current exemption, which presumes that London Transport and its subsidiaries are the exclusive operators of services using the Underground network.
329. Section 200 ensures that LRT and TfL will have the power to enter into agreements involving the Rail Regulator to meet any need relating to transport in and around London.
330. Section 201 restricts TfL's ability to enter into direct agreements with franchised train operators so that the Mayor's instructions and guidance to the Franchising Director will have to include any instructions in respect of additional railway services, and the Franchising Director will then procure the services on behalf of the Mayor.
331. Section 202 provides that, like local authorities across the country, the GLA and TfL will not be able to run franchised railway services on the national network.
Sections 203 to 204: Closures
332. Section 203 places the Franchising Director under a duty to notify the Mayor of any proposal by him to discontinue a passenger rail service affecting Greater London.
333. Section 204 enables the existing procedure for discontinuance (closures) of Underground services, and for those to be operated on Croydon Tramlink or the Docklands Light Railway, to be carried forward. However, it will be the Mayor who takes decisions on closures, rather than the Secretary of State. For TfL services outside London, those aggrieved by a Mayoral decision will have a right of appeal to the Secretary of State.
Sections 205 to 207: Miscellaneous
334. Section 205 amends existing franchise agreements (under which passenger rail services are provided in Great Britain) so that the GLA and TfL are included in the definition of a local authority in such agreements. This puts the GLA and TfL on the same footing as local authorities elsewhere for making arrangements such as concessionary travel schemes.
335. Section 206 places the Secretary of State under a duty to consult the Mayor if the Secretary of State proposes to vary the amount of penalty fares payable on services on the national railway network.
336. Section 207 provides that TfL must not, without the consent of the Secretary of State, enter into agreements with outside contractors for specified "reserved services", i.e. station- and train-operating functions, as specified in subsection (7). The Secretary of State may by Order (subject to the negative procedure) make exceptions to the restrictions (subsection (5)).
Section 208 : Docklands Light Railway
337. Section 208 passes to the Mayor the Secretary of State's power to transfer statutory functions of Docklands Light Railway Ltd (the public sector company responsible for DLR) to another person for the purposes of the construction and maintenance of the DLR Lewisham Extension.
Section 209 : Croydon Tramlink
338. Section 209 passes to the Mayor the Secretary of State's power to transfer statutory functions of LRT to another person for the purposes of the construction and operation of Croydon Tramlink. The amendment also transfers to the Mayor the Secretary of State's function in respect of determining disputes about the alteration of street levels, and makes provision for complaints about Tramlink to be considered by the London Transport Users' Committee.
CHAPTER VII: PUBLIC-PRIVATE PARTNERSHIP AGREEMENTS
339. Chapter VII makes specific provision for the Public-Private Partnership for London Underground.
Sections 210 to 212: Introductory
340. Sections 210 to 212 define a "PPP agreement" and the procedure to be followed for the designation of such an agreement. A PPP agreement must be a contract which involves the provision, construction, renewal or improvement, and maintenance of the London Underground. A PPP company is defined as the party undertaking to carry out or secure the carrying out of this work.
Sections 213 to 217: Key system assets
341. Sections 213 to 217 enable "key system assets" to be designated by agreement between London Underground and a PPP company, thereby giving the assets special protection under the Act. Section 215 extends the same protection to assets owned by third parties (such as a train leasing company) and used in connection with the Public-Private Partnership. It enables London Underground to enter into agreements directly with such third parties.
342. The effect of these provisions is that, without the consent of LRT (later TfL), designated assets cannot be transferred to another party, nor can any interest in or security over the assets be given to a third party. Designated liabilities cannot be released, discharged or transferred to another party without consent. Any transaction which contravenes these requirements will be void. No execution or other legal process can be commenced or continued, and no distress can be levied, against any property or rights which are key system assets.
343. The purpose of such a regime, which is based on that for "franchise assets" under section 27 of the Railways Act 1993, is to give statutory protection to the assets needed to run the Underground railway so that they will not be lost and will be immediately available to the public sector at the end of a PPP contract, ensuring that train services can continue without interruption.
344. Section 217 enables TfL to transfer key system assets between TfL, its subsidiaries, PPP companies and PPP related third parties. This provision is necessary to ensure that designated key system assets can be returned to the public sector at the end of a PPP contract. It also enables the Mayor, at the end of a PPP contract, to transfer such assets direct to new PPP companies if he decides to enter into new PPP agreements. A transfer scheme must be made in accordance with the terms of the PPP agreement and it must be approved by the Mayor to take effect. This section also introduces Schedule 12 which sets out the detailed provisions applying to a PPP transfer scheme.
Sections 218 and 219: Land
345. Section 218 disapplies landlord and tenant law from Public-Private Partnership leases so that London Underground and a PPP company will interpret their rights and duties solely in accordance with the PPP contract and lease. The purpose of the section is to enable the public sector to recover all the real property it needs to continue services when a PPP contract ends, without the delays inherent in established landlord and tenant practice.
346. Section 219 disapplies the normal requirement to register title with the Land Registry for leases of over 21 years. This is intended to save the considerable time and money which would otherwise be required to produce copies of suitable plans, deeds, etc. The effort of complying with the registration requirements would be of little or no benefit because of the very restricted opportunities for PPP companies to transfer or otherwise deal with the land.
Sections 220 to 224: Insolvency
347. Sections 220 to 224 and Schedules 14 and 15 provide for a special PPP administration order regime. Such an order may be made by the High Court in relation to a PPP company which is on the point of insolvency or winding-up. It may direct a person appointed by the court to take over the running of the PPP company with a view to achieving the purposes of the PPP administration order in a manner which also protects the respective interests of the members and creditors of the PPP company. The purpose of the PPP administration order regime is to ensure that the duty of the administrator principally to protect the interests of members and creditors of a company is balanced against ensuring that activities under the PPP agreement are carried on, thus securing continuity of services for passengers.
Sections 225 to 237: The PPP Arbiter
348. Sections 225 to 237 provide for the appointment of an arbiter by the Secretary of State, and set out the arbiter's general duties and powers. A PPP agreement may provide for any matter to be referred to the arbiter for direction or guidance under sections 229 and 230. It is envisaged that the arbiter's primary role will be to review the price to be paid to a PPP company for its obligations under a PPP agreement, if requested by the parties to do so at a periodic review of the agreement. Such periodic reviews will also enable TfL to carry out a thorough review of its priorities under the agreement.
349. Section 225 provides for the appointment of the arbiter by the Secretary of State. Section 226 makes provision concerning the terms of appointment and dismissal of the arbiter, whilst section 227 deals with the appointment of staff and their ability to discharge functions on behalf of the arbiter. Section 228 ensures that if, at any time, the posts of Rail Regulator and PPP arbiter are held by the same person, the staff employed by either body will have the legal powers to carry out the functions of both.
350. Section 229 sets out the arbiter's powers to give directions on matters referred to him by a party to a PPP agreement. Section 230 gives the arbiter a power to give non-binding guidance to the parties, the aim being to encourage the parties to reach agreement between themselves, in the light of the arbiter's guidance, without relying on a binding determination.
351. Section 231 sets out the arbiter's duties when making determinations or giving guidance.
352. Section 232 sets out further powers of the arbiter, including a power to inspect relevant assets. Section 233 empowers the arbiter to request parties to a PPP agreement and their associates to provide information which the arbiter considers relevant to the discharge of his functions. Section 234 gives the arbiter the power to apply to the High Court for an order requiring provision of information, if a request is not complied with, and provides a criminal sanction in the event that someone deliberately alters or destroys documents requested by the arbiter. Section 235 provides statutory protection to third parties against disclosure of information collected by the arbiter, except where it is necessary to carry out the specific statutory functions referred to in the section. It is enforceable by means of a civil injunction.
353. Section 236 removes the liability of the arbiter and his staff for any acts or omissions, unless they can be shown to have been committed in bad faith.
354. Section 237 provides for the funding of the arbiter by the Secretary of State and the recovery of costs from the parties concerned.
Sections 238 and 239: Miscellaneous and supplementary
355. Section 238 extends statutory undertaker status to a PPP company when exercising statutory functions relating to a railway and carrying out the subject matter of a PPP agreement. This will effectively give a PPP company similar statutory undertaker status to that enjoyed by London Underground Limited. Section 239 contains definitions of the terms used in this Chapter.
CHAPTER VIII: TRAVEL CONCESSIONS
Sections 240 to 244: Travel Concessions
356. These sections enable the London local authorities to agree, annually, travel concessions for their eligible residents for the following financial year. They would fund the scheme by reimbursing TfL, and any other transport operators with which they make agreements, for the cost of providing the concessions. Eligible residents are defined in section 240(5) as pensioners, blind persons and persons who are unable to walk. In the event that a uniform scheme covering services provided by or under agreement with TfL is not agreed, then TfL would be required to implement a "reserve free travel scheme" (covering only those services for which they are responsible) which is specified in detail in Schedule 16. TfL would be able to charge the local authorities for the cost of providing the reserve free travel scheme.
357. Section 244 enables the London local authorities to exercise their power under section 240 to enter into concessionary travel arrangements with TfL and train operators through a joint committee to which special provisions apply. Decisions of the joint committee would have to be unanimous, unless the authorities unanimously decided that all decisions, or decisions on particular matters, could be taken by a specified majority of the members. The majority so specified could not be less than two thirds of the member authorities.
CHAPTER IX: PENALTY FARES
358. Section 245 introduces Schedule 17 setting out the provisions relating to the penalty fares regime on TfL bus and train services. Generally, a person is liable to pay a penalty fare where he or she has not obtained a valid ticket before travelling. Schedule 17 is similar, but not identical, to the London Transport (Penalty Fares) Act 1992. The Mayor will be able to change the level of penalty fare, but only after consultation with the Secretary of State, representatives of local authorities and users and other appropriate persons (paragraph 5). The Secretary of State must, at the request of the Mayor, make regulations whereby a person required to pay a penalty fare can appeal to an independent adjudicator (paragraph 10).
CHAPTER X: LONDON TRANSPORT USERS' COMMITTEE
359. Sections 246 to 252 and Schedules 18 and 19 abolish the London Regional Passengers Committee ("LRPC") and replace it with the London Transport Users' Committee ("LTUC"). LTUC will combine the role of complaints body for TfL with that of the Rail Users' Consultative Committee for Greater London and the surrounding area.
360. Section 247 constitutes the LTUC as a body corporate and provides for the appointment of its members. The Assembly, after consultation with the Rail Regulator, will appoint LTUC's chairman and other members, and must have regard to the desirability of ensuring that the membership adequately represents the interests of the users of all transport facilities and services that will be considered by LTUC. Assembly members, members of TfL and employees of the Authority or TfL may not be appointed members of LTUC. The section also introduces Schedule 18.
361. Schedule 18 makes provision for various constitutional and financial matters in relation to LTUC. Paragraph 16 enables complaints of maladministration by LTUC to be investigated by the Commission for Local Administration.
362. Section 248 requires LTUC to consider and, where the Committee thinks it desirable, make recommendations about matters affecting the passenger transport functions of the Authority or TfL which have been the subject of representations, have been referred to it by TfL or the Authority or which LTUC otherwise thinks it should consider. Representations received by LTUC about land or water passenger transport in London which do not fall within its terms of reference must be referred to whomsoever LTUC considers the most appropriate person to consider the complaint.
363. Section 249 enables LTUC, with the consent of the Assembly, to enter into voluntary arrangements on agreed terms (including terms for the reimbursement of expenses) with providers of transport facilities and services other than TfL, to consider complaints about their services or facilities.
364. Section 250 requires LTUC to send copies of its minutes, conclusions and recommendations to the Assembly, the Mayor and TfL. LTUC must make an annual report to the Assembly and the Rail Regulator. The Assembly, the Mayor and TfL must notify LTUC of any decisions reached by them on any of its recommendations.
365. Section 251 enables the Assembly to give guidance and directions to LTUC, for example on the priorities for the Committee's work. The guidance or directions must be in writing and LTUC must comply with them.
366. Section 252 amends the Railways Act 1993 to make LTUC a Rail Users' Consultative Committee in place of LRPC. It also introduces Schedule 19 which makes consequential amendments.
CHAPTER XI: HACKNEY CARRIAGES AND PRIVATE HIRE VEHICLES
367. London has its own system for the licensing of hackney carriages ("taxis"). The legislation (mostly enacted in the last century) which applies in the Metropolitan Police District (MPD) and City of London is entirely separate from the legislation which governs taxis outside the MPD. The Private Hire Vehicles (London) Act 1998 prospectively introduces a system for the licensing in the MPD and the City of London of private hire vehicles ("minicabs") and their drivers and operators. This is similar to that applying elsewhere in England and Wales under Part II of the Local Government (Miscellaneous Provisions) Act 1976. The Act transfers to TfL functions currently with the Secretary of State and the Commissioners of Police of the Metropolis ("the Police Commissioners").
368. The Public Carriage Office, a civilian branch of the Metropolitan Police which currently licenses taxis (and will in due course license minicabs), will transfer, in its entirety, to TfL.
Section 253 and Schedule 20
369. Schedule 20, which is introduced by section 253, transfers to TfL, in relation to taxis and taxi drivers, the licensing functions of the Secretary of State and the Police Commissioners.
370. Paragraph 1 transfers the Police Commissioners' regulatory powers and substitutes TfL for the "registrar of metropolitan public carriages". Paragraph 2 transfers powers relating to the appointment and regulation of taxi stands. Paragraph 3 transfers powers concerning the inspection of taxis and makes consequential amendments. Paragraph 4 transfers powers relating to taxis which are temporarily withdrawn from hire. Paragraph 5 amends the Metropolitan Public Carriage Act 1869 - the main taxi-licensing legislation - by transferring the Secretary of State's regulatory powers to TfL. Paragraph 5(2) provides for TfL to make orders by way of a "London Cab Order", thereby replacing the Secretary of State's powers to make such orders by way of a statutory instrument. Paragraph 5(3) transfers the taxi vehicle licensing function and other provisions. In addition to the fee payable on the grant of a licence it also introduces a fee payable on the application for the licence and for the taking or re-taking of any test or examination with respect to any matter of fitness. (In practice, licences (including drivers' licences issued under section 8 of the 1869 Act - see below) are currently granted by an Assistant Commissioner of Police via the Public Carriage Office.) Paragraph 5(5) transfers the taxi drivers' licensing functions and other existing provisions. As well as introducing a similar application fee to that introduced by paragraph 5(3), it also makes provision for TfL to conduct criminal record checks on potential drivers, thereby bringing the legislation into line with the Private Hire Vehicles (London) Act 1998. Paragraph 5(6) enables TfL to make regulations by London cab order and gives the Mayor a power of direction as to the basis on which rates or fares are to be calculated. Paragraph 6 transfers powers to fix fares for taxis fitted with taximeters and to limit the charge for admitting taxis to railway stations. Paragraph 7 transfers powers to regulate taxi fares for non-obligatory journeys, to increase the 'compellable distance' of six miles and to prohibit certain signs on private hire cars. Paragraph 8 transfers powers to provide for taxis to carry passengers at separate fares without becoming public service vehicles, and to prescribe certain periods for London taxi and taxi-driver licensing appeals. Paragraphs 10 to 17 make transitional provisions to ensure, amongst other things, that licences issued by or on behalf of the Police Commissioners or the Secretary of State continue in force as if issued by TfL, and that existing regulations, orders and notices continue to have effect.
Section 254 and Schedule 21
371. Section 254 and Schedule 21 have the effect of transferring the Secretary of State's minicab-licensing functions to TfL.
Section 255
372. Section 255 concerns the effect on taxis and minicabs of the change in the MPD, which is to become aligned with Greater London. Subsections (2) and (3) provide that, when London 'fringe' district councils' areas currently within the MPD move outside it, the district councils will have the power to licence taxis in those areas and each district will form a single taxi-licensing area. Subsection (4) has the effect of imposing the taxi and minicab licensing functions, under Part II of the Local Government (Miscellaneous Provisions) Act 1976, on the 'fringe' district councils.
CHAPTER XII: WATER TRANSPORT
373. Section 256 enables Transport for London to provide or secure the provision of such amenities and facilities as it considers would benefit persons using any waterway. Before commencing works in relation to waterway amenities or facilities, Transport for London must comply with any statutory requirement for a licence or consent. Where there is no requirement, consent must be obtained from any person who is under a duty to maintain the waterway to which the works relate.
374. Section 257 transfers the duty to provide a free ferry service (the Woolwich Ferry) across the Thames from the Secretary of State to Transport for London. Powers in Part XII of the Act will be used to transfer the property, rights and liabilities associated with the ferry from the Secretary of State. It will also allow the replacement of the Secretary of State's power to make orders on the use of the ferry with byelaws made by Transport for London and allow for the orders and byelaws made by predecessor bodies to be treated as byelaws made by Transport for London.
375. Section 258 provides that where any landing places are transferred to LRT between 31 March 1999 and the coming into force of the section, rights and liabilities arising from the use of the landing places by vessels will also transfer to LRT.
CHAPTER XIII: HIGHWAYS
376. There is no comprehensive statutory legal definition of a highway (but see the limited definition in section 328 of the Highways Act 1980), because the concept of a highway long pre-dates highways legislation. Under common law, a highway may be broadly defined as a way over which all members of the public have the right to pass and repass. The highway authority is the body responsible for maintaining the highway where it is a highway maintainable at public expense.
377. The London Government Act 1963 largely brought the highway law affecting London into line with that applying elsewhere. This is now consolidated in the Highways Act 1980 (the 1980 Act). One difference was that in Greater London there was a 3-tier hierarchy of highway authorities. The Secretary of State was highway authority for trunk roads, the Greater London Council (GLC) for "metropolitan roads" and the London borough councils for all other roads. "Metropolitan roads" were abolished along with the GLC by the Local Government Act 1985, and some of them became trunk roads and the rest borough roads. One purpose of the Act is to reduce the number of roads designated as trunk roads in London and to create a network of key roads for which the GLA will be highway authority.
Sections 259 to 263: GLA Roads
378. Section 259 provides that TfL will be the highway authority for GLA roads. Section 260 inserts a new section 14A into the 1980 Act to provide for the initial GLA roads to be designated by order by the Secretary of State. The new section 14A also provides that a trunk road in Greater London ceases to be a trunk road when it becomes a GLA road under this provision. (A trunk road is a highway for which the Secretary of State, rather than a local authority, is the highway and traffic authority. A trunk road may be an all purpose trunk road, eg the A406 North Circular Road, or a special road (motorway), eg the M4).
379. Section 261 inserts a new section 14B into the 1980 Act and provides that any road in Greater London except a trunk road can become a GLA road by order of the GLA and that any road can cease to be a GLA road by order of the GLA. Such orders must be made with the consent of the highway authority from whom the road is transferred or to whom the road is transferring, as the case may be. If this consent is not given, then the order is not effective unless confirmed by the Secretary of State.
380. Section 262 inserts a new section 14C into the 1980 Act and requires TfL to produce an up-to-date record of GLA roads. This record is to be distributed to the GLA and London Borough Councils and made available for public inspection. A certificate by TfL that a highway or proposed highway is a GLA road is evidence of the facts stated in it.
381. Section 263 inserts a new section 14D into the 1980 Act so that orders making or changing designations of the initial GLA roads are to be made by the Secretary of State by statutory instrument, subject to negative resolution procedure. The power of the Mayor to make orders under sections 14B and 266B is not exercisable by statutory instrument.
Sections 264 and 265: Transfers of property and liabilities upon a road becoming or ceasing to be a GLA Road
382. Section 264 inserts a new section 266A into the 1980 Act to provide for the transfer of property and liabilities when a road becomes or ceases to be a GLA road by order under section 14B of the 1980 Act. This is based on provisions in section 265 of, and Schedule 21 to, the 1980 Act which are used when a road becomes or ceases to be a trunk road.
383. Section 265 inserts a new section 266B into the 1980 Act to provide for the transfer of employees when a road becomes or ceases to be a GLA road by order under section 14B of the Highways Act 1980. This will ensure that if staff are transferred when a road transfers, they have continuity of service. As with the inserted section 14B of the 1980 Act, the power to make orders under section 266B is not exercisable by statutory instrument.
Section 266: London borough councils
384. Section 266 inserts a new section 301A into the 1980 Act so that a borough council carrying out highway work which affects a GLA road or a road in another London borough must notify TfL, and where the road is in another borough, the council of that borough as well. TfL is given a power to direct the borough not to undertake the work so long as TfL or another borough objects. Where TfL or another borough objects, the GLA can give consent to the work after consideration of the objection.
Sections 267 to 270: Miscellaneous and supplementary
385. Section 267 provides for consultation between the Royal Parks Agency and the local highway authority, if either of them proposes to carry out functions likely to affect a road for which the other is responsible. Where consultation would not be reasonably practicable, they may go ahead and then inform the other party afterwards.
386. Section 268 provides for TfL and boroughs to construct road humps which do not conform to current Government regulations without the need for specific authorisation by the Secretary of State. Where a borough proposes to construct non- standard road humps, it must notify the Secretary of State and take his comments into account before proceeding.
387. Section 269 provides for TfL and boroughs to construct traffic-calming schemes which do not conform to current Government regulations without the need for specific authorisation by the Secretary of State. Where a borough proposes to construct non-standard traffic calming schemes, it must notify the Secretary of State and take his comments into account before proceeding.
388. Section 270 introduces Schedule 22 which provides for stopping up and diversion orders to be made by London boroughs rather than the Secretary of State. The main provisions amend Part X of the Town and Country Planning Act 1990 and provide that a borough (including one acting on behalf of another) can make stopping up or diversion orders with regard to:
389. The decision on whether to dispense with a public inquiry in cases of opposed orders will be made by the Mayor. The Mayor must consent to the making of an opposed order where an inquiry has been held.
CHAPTER XIV: ROAD TRAFFIC
390. The general law on road traffic regulation, consolidated in the Road Traffic Regulation Act 1984 ("RTRA 1984"), is varied considerably in its application to London. The Local Government Act 1985 (which abolished the Greater London Council and the metropolitan county councils) transferred most of the traffic authority functions of the GLC (many of which extended to all roads in Greater London except trunk roads) to the London borough councils.
391. Part II of the Road Traffic Act 1991 made further provision about traffic in London, by creating a network of priority ("red") routes and a new statutory office of Traffic Director for London to carry out the red route programme. The Act also provided for a separate system of enforcing parking restrictions in London without the sanction of the criminal law.
392. Traffic regulation law, unlike highways law, is entirely a creature of statute. It enables traffic authorities - in this case TfL - to regulate the way in which the public use highways and other roads to which the public has access. It is principally concerned with the regulation of vehicles, whether moving or stationary, but also extends to all other types of traffic.
Sections 271 to 274: Transport for London as a traffic authority
393. Section 271 makes TfL the traffic authority for GLA roads. For roads in Greater London that are not GLA roads or trunk roads, the traffic authority is the relevant London borough or the Common Council.
394. Section 272 creates a new class of road called "GLA side roads", for which TfL will also be the traffic authority, but not the highway authority. It inserts a new section 124A into the RTRA 1984 (RTRA 1984) to provide for the Secretary of State to designate roads which are to be GLA side roads (in the same way that section 227 provides for him to designate the first GLA road network). Sections 14B and 14C of the Highways Act 1980 (inserted by sections 258 and 259 of this Act) which enable the Mayor to change and keep records of the GLA road network, can be applied to GLA side roads by order of the Secretary of State.
395. Section 273 provides for TfL to place traffic signs on nearby roads (for which the relevant London borough council is the traffic authority) in connection with a GLA road. The signs may be placed on any structure on that road, whether or not the structure belongs to TfL. TfL may carry this out in connection with traffic regulation and experimental traffic orders and in other circumstances (e.g. temporary traffic orders under section 14 of the RTRA 1984), provided they consult the London Borough Council which is the traffic authority for the road. (Experimental traffic orders are used where the effects of the order cannot be confidently predicted. They also provide for the fine-tuning of the measures without the need to amend the order and for its effect to be monitored before decisions are taken on whether or not to make it permanent.) Section 274 extends to TfL the powers of a London borough council to affix traffic signs to walls.
396. These sections also provide that responsibility for maintaining, altering or removing traffic signs rests with the traffic authority responsible for the order which enabled the placing of those signs. They further provide that where the sign is on or near a GLA road, or is erected as described above, TfL will be the traffic authority for that sign.
397. Where TfL exercises its powers in relation to traffic signs otherwise than in connection with a traffic regulation order or an experimental traffic order, it can remove or reposition those signs whether or not they were placed by TfL. Where TfL removes or repositions a sign placed by another authority, that sign will vest in TfL. The traffic authority for the road where the sign has been placed or repositioned by TfL cannot alter or remove the sign except with the consent of TfL or by direction of the Secretary of State.
Sections 275 to 278: Traffic control systems in Greater London
398. Sections 275 to 278 transfer the Secretary of State's statutory functions for traffic control systems in Greater London to TfL for all roads other than trunk roads. (Traffic control systems can be defined as electronic systems which provide regulation, instruction, information or guidance to road users and to authorities from installations on or adjacent to the highway. They include traffic signals and signalled pedestrian crossings together with their associated control and monitoring computer systems, vehicle and pedestrian detectors, variable message signs, closed circuit television cameras, speed cameras and emergency telephones). The sections provide for existing traffic signals, and their maintenance and operation, to be devolved to London borough councils. Such councils can also set up and operate new traffic signals, with TfL's consent.
399. The sections also provide for the transfer to TfL, from the Secretary of State (and vice versa) of traffic control systems in Greater London. Where the Secretary of State decides that he wants to pass to TfL the traffic control systems for a trunk road or roads in Greater London, he can transfer (i) all the systems relating to that road, and (ii) the maintenance and operation of those systems. The Act also provides for the transfer from TfL to the Secretary of State of the entire traffic control system for all the roads in Greater London and for this to be reversed with the agreement of the Secretary of State and TfL. On all roads in Greater London other than trunk roads, wherever a traffic sign is a light signal, TfL is to be deemed to be the traffic authority for those roads in the application of sections 65, 73, 74, 74A and 75 of the RTRA 1984 to such traffic signs.
Sections 279 and 280: Road safety and traffic reduction
400. Section 279 amends section 39 of the Road Traffic Act 1988 (powers of Secretary of State and local authorities to give road safety information and training) so as -
(a) to confer on TfL a discretionary power to prepare and carry out a programme of road safety measures; and to contribute to the cost of measures taken by other bodies; and
(b) to impose a duty on TfL to carry out studies into accidents on GLA roads involving vehicles and, in the light of those studies, to take measures to prevent such accidents.
401. Section 280 amends the Road Traffic Reduction Act 1997 (not yet in force), which places a duty on boroughs to assess road traffic levels, to set targets for reducing traffic levels or the growth of these levels, and to report to the Secretary of State. Reports prepared by a London borough, under the provisions of the 1997 Act must take account of the Mayor's transport strategy and the borough's local implementation plan. The Mayor may give directions or issue guidance to London councils on matters on which the Secretary of State may issue guidance (provided that the guidance or directions do not conflict with the Secretary of State's guidance). The councils must comply with the Mayor's directions and have regard to his guidance. When a London borough sends a report to the Secretary of State under the 1997 Act, it must send a copy of the report to the Mayor.
Sections 281 to 287: Parking
402. Sections 281 to 287 amend the RTRA 1984 and the Road Traffic Act 1991 in relation to parking.
403. Section 281 enables TfL and London borough councils (with the consent of TfL) to designate paying parking places on GLA roads. The ability of borough councils to designate parking places on their own roads is unaffected.
404. Section 282 amends section 55 of the RTRA 1984 so as to require TfL to operate a parking account of its income and expenditure in respect of parking places on the highway and to enable the Mayor to specify in his transport strategy purposes for which surpluses can be spent and enables London authorities to make contributions to each other and to form a joint committee for that purpose.
405. Section 283 amends section 73 of the Road Traffic Act 1991 so as to require TfL to join with the London borough councils in the appointment of a joint committee to appoint parking adjudicators. Section 284 substitutes for section 74 of the 1991 Act new sections 74 and 74A with regard to the fixing of additional parking charges, that is to say penalty charges, charges for removal, storage and disposal of vehicles, and charges for removing wheel clamps. TfL or the London borough councils must set the levels of additional parking charges on those roads for which they are the traffic authority. The charges may vary between different areas. The Secretary of State will have the final say on the levels of additional parking charges proposed by TfL or the London borough councils.
406. TfL and the London borough councils must publish their parking charges in a form determined by the Mayor. In setting these levels the London borough councils must act through the joint committee constituted under section 73. No TfL member of that committee may take part in any proceedings relating to functions under section 74 or 74A of the 1991 Act.
407. Section 285 provides that applications to the Secretary of State for an order designating a special parking area ("SPA") can only be made by TfL to the extent that the area is to consist of GLA roads or trunk roads, and by a borough council to the extent that the area is to consist of other roads. (In SPAs offences involving the contravention of waiting restrictions indicated by yellow lines, and some other parking offences, become "decriminalised" and replaced by a system of penalty charges similar to that used for designated parking places. To date, SPAs have been designated in all London boroughs, with limited exclusions.)
408. Section 286 adds a new section 76A to the Road Traffic Act 1991 to provide that the Mayor can change the boundaries of SPAs within Greater London, with the consent of the traffic authority for any road affected and where the effect is to bring all or any part of a Royal Park within a special parking area with the consent of the Secretary of State. The Mayor cannot bring within a SPA any area designated in an order of the Secretary of State on grounds of national security. The Mayor will accordingly be able to decriminalise parking on almost all GLA roads without having to ask the Secretary of State to make an order under section 76 of the 1991 Act. Section 287 amends section 82 of the 1991 Act (interpretation).
Sections 288 to 290: School crossing patrols and parking attendants
409. Outside the Metropolitan Police District (MPD), school crossing patrols are the statutory responsibility of local authorities. In the MPD that responsibility rests with the Commissioner of Police of the Metropolis. Section 288 transfers this from the Commissioner to the London borough councils.
410. Section 289 transfers from the Secretary of State to the GLA the power to prescribe what uniforms parking attendants will wear when exercising prescribed functions, and widens the definition of local authorities for this purpose to include the GLA.
411. Section 290 adds a new subsection to section 95 of the RTRA 1984 so as to enable a police authority and TfL to make arrangements for traffic wardens to act as parking attendants on GLA roads.
Sections 291 to 294: Miscellaneous and supplementary provisions
412. Section 291 inserts a new section 121B into the RTRA 1984 so that a borough council exercising road traffic powers which affect a GLA road or a road in another London borough must notify TfL and where the road is in another borough the council of that borough as well. TfL is given a power to direct a borough not to proceed with the proposal so long as TfL or another borough objects. Where TfL or another borough objects, the GLA can give consent to the proposal after consideration of the objection.
413. Section 293 provides for consultation between the Secretary of State and the local traffic authority and Transport for London, if one proposes to carry out functions likely to affect a road for which the other is responsible. Where consultation would not be reasonably practicable, they may go ahead and then inform the other party afterwards.
414. Section 294 repeals various enactments relating to traffic in London.
CHAPTER XV - NEW CHARGES AND LEVIES
Section 295: Road user charging
415. Section 295 enables Transport for London, any London borough council or the Common Council to introduce a road user charging scheme. Schedule 23, introduced by section 295(2), sets out in detail how schemes will be implemented and operated.
416. Paragraphs 2, 3, 5, 8 to 10 and 35 to 38 of Schedule 23 contain provisions for implementing road user charging schemes. TfL will be able to introduce a scheme across all or some parts of Greater London. Any London borough council will be able to bring forward a scheme in its area, subject to the agreement of the Mayor. Decisions about charge levels, the area where charges will apply and the duration of a scheme will rest with charging authorities. In all cases, schemes must support the Mayor's transport strategy. The same road may not be subject to charges imposed by more than one charging authority. Crown roads can be included within any road user charging scheme.
417. Paragraph 11 deals with exemptions from road user charges. It enables the Secretary of State by regulations to specify exemptions from charges or other concessionary arrangements. Charging authorities will be able to make additional exemptions or concessions to those prescribed by the Secretary of State.
418. Paragraphs 4, 6, 7, 33 and 34 cover the powers that the Mayor will have over any charging scheme introduced in Greater London by TfL or one or more boroughs. Any charging scheme will be implemented by Order. This will be approved by the Mayor. He or she will be able to modify or revoke the Order. One or more boroughs will be able to work together to develop a joint scheme, again subject to the Mayor's agreement. The Mayor will be able to require one or more boroughs to implement a road user charging scheme. The Mayor will also be able to issue guidance to boroughs on the form which their schemes should take, and may specify certain aspects of schemes which will require prior approval.
419. Paragraphs 12, 13, 25 to 28, 30 and 31 cover the enforcement of road user charges. Regulations will be able to provide that non-payment of a charge will be a civil issue rather than a criminal offence, and outstanding charges will be recoverable as a civil debt. But deliberate attempts to avoid payment, such as tampering with any in-vehicle or roadside equipment, are more serious matters and are therefore subject to criminal rather than civil law. Regulations will provide for the enforcement of road user charging schemes. This includes arrangements for appeals and adjudication, liability for charges, the examination of motor vehicles and questions of evidence. Charges will not apply to vehicles that are not on the road.
420. Paragraphs 14 and 29 allow charging authorities to install any equipment necessary for the operation of a charging scheme. The Mayor will have the power to type approve any equipment used within the Greater London area. The Secretary of State will be able to prevent the use of any charging equipment where such equipment is incompatible with any national standard, and where this incompatibility is detrimental to those who live outside London.
421. Paragraphs 15 and 32 allow charging authorities to incur expenditure to set up and operate a road user charging scheme, and to enter into arrangements with the private sector to install and operate schemes. Charging authorities are required to keep separate income and expenditure accounts for their charging schemes. They will also have to keep separate income and expenditure accounts for any revenues which they receive which are derived from charging schemes for which they are not the charging authority. Accounts will have to be published annually. Any deficits in the early years of a scheme will be made up from the charging authority's general fund, and repaid from future surpluses. Surpluses remaining in an account at the end of a financial year will be able to be carried forward to the next year.
422. Paragraphs 16 to 18 set out the arrangements for the retention and use of the net proceeds from road user charging schemes. The net revenues from schemes introduced within ten years of the inception of the GLA will be ring-fenced during the scheme's initial period for spending on measures that support the Mayor's transport strategy. The initial period will be 10 years from the implementation of the scheme, or any longer period which the Secretary of State may agree for individual schemes. The Secretary of State will be able to make regulations dealing with the application of charging revenues for schemes once the initial period has expired, and for schemes brought forward after the tenth anniversary of the inception of the GLA. The Secretary of State is required to consult the Mayor and to assess the likely revenues from charges and the potential for spending this revenue on value for money transport measures before making regulations.
423. For any road user charging scheme which is changed during the first 10 years of the GLA, the Secretary of State will be able to make regulations to determine whether a scheme is a new scheme or an amended scheme. The revenues from a new scheme will be ring-fenced in their entirety for transport expenditure for at least a further 10 years. The revenues from an amended scheme will only be ring fenced in their entirety until the end of the initial period agreed when the scheme was originally introduced. The Mayor will be able to require a charging authority to pay a proportion of the net proceeds from any road user charging scheme to the Authority, Transport for London, or one or more borough councils.
424. Paragraphs 19 to 24 set out provisions for the Secretary of State's general approval of the use of the net revenues from road user charging schemes. Approval will be required for a ten year plan of expenditure before a scheme starts operating. Once a scheme is operating, approval will be required at four-yearly intervals for a programme of expenditure covering the next four years. This approval process covers revenues retained by a charging authority, and monies redistributed by the Mayor to bodies which are not the charging authority. The charging revenues are to be spent only on "value for money" transport measures which support integrated transport objectives and the Mayor's transport strategy. The Secretary of State will be able to issue guidance on an appraisal framework for determining value for money.
Section 296: Workplace parking levy
425. Section 296 enables Transport for London, any London borough council or the Common Council to levy a charge on workplace parking. Schedule 24, introduced by section 296(2), sets out in detail how schemes will be implemented and operated.
426. Paragraphs 3 to 5 of Schedule 24 set out how the workplace parking levy will work. The provisions allow the levy to cover different types of individuals who are at their place of work or on work-related business. The Secretary of State will be able to make regulations to amend the definition of workplace parking. The levy will take the form of a licence fee. The occupier of a building (the person responsible for paying non-domestic rates) will be responsible for obtaining the workplace parking licence. The licence will state the maximum number of business vehicles which may be parked on the premises at any one time.
427. Paragraphs 2, 6, 8, 11 to 16 and 36 to 39 contain provisions for implementing workplace parking levy schemes. TfL will be able to introduce a scheme across all or some parts of Greater London. Individual boroughs will be able to bring forward a scheme in their areas, subject to the agreement of the Mayor. Decisions about the magnitude of the levy, the area where the levy will apply and the duration of a licensing scheme will rest with licensing authorities. In all cases, schemes must support the Mayor's transport strategy. Crown properties and the Palace of Westminster will be included within the scope of any levy. It will not be possible for any premises to be subject to more than once licensing scheme at the same time.
428. Paragraph 17 deals with exemptions from workplace parking charges. It enables the Secretary of State by regulations to specify exemptions from charges (both by premises and vehicle type) or other concessionary arrangements. Licensing authorities will be able to make additional exemptions or concessions to those prescribed by the Secretary of State.
429. Paragraphs 7, 9, 10, 34 and 35 cover the powers that the Mayor will have over any workplace parking charging scheme introduced in Greater London by TfL or one or more boroughs. Any licensing scheme will be implemented by Order. This will be approved by the Mayor, who will be able to modify or revoke the Order. One or more boroughs will be able to work together to develop a joint scheme, again subject to the Mayor's agreement. The Mayor will be able to require one or more boroughs to implement a workplace parking levy scheme. The Mayor will also be able to issue guidance to boroughs on the form which their schemes should take, and may specify certain aspects of schemes which will require prior approval.
430. Paragraphs 18 to 20, 31 and 32 cover the enforcement of workplace parking levies. Regulations will be able to provide that breaching the terms of a workplace parking licence or failing to obtain a licence will be a civil issue rather than a criminal offence. Enforcement agents of TfL and the boroughs will have unannounced and immediate rights of entry to premises to ensure that the conditions of a licence are being complied with, and to issue penalty charge notices. It will be a criminal offence to obstruct authorised enforcement agents from carrying out their duties. Regulations will provide for the fair and effective enforcement of workplace parking charging schemes. This includes arrangements for appeals and adjudication and matters of evidence, and liability for charges.
431. Paragraphs 21 and 33 allow licensing authorities to incur expenditure to set up and operate a workplace parking charging scheme, or to enter into arrangements with the private sector to set up and operate schemes. The licensing authorities will be required to keep separate income and expenditure accounts for their licensing schemes. They will also have to keep separate income and expenditure accounts for any revenues which they receive which are derived from licensing schemes for which they are not the licensing authority. Accounts will have to be published annually. Any deficits in the early years of a scheme will be made up from the licensing authority's general fund, and repaid from future surpluses. Surpluses remaining in an account at the end of a financial year will be able to be carried forward to the next year.
432. Paragraphs 22 to 24 set out the arrangements for the retention and use of the net proceeds from workplace parking levy schemes. The net revenues from schemes introduced within ten years of the inception of the GLA will be ring-fenced during the scheme's initial period for spending on measures that support the Mayor's transport strategy. The initial period will be 10 years from the implementation of the scheme, or any longer period which the Secretary of State may agree for individual schemes. The Secretary of State will be able to make regulations dealing with the application of revenues for schemes once the initial period has expired, and for schemes brought forward after the tenth anniversary of the inception of the GLA. The Secretary of State is required to consult the Mayor and to assess the likely revenues from levies and the potential for spending this revenue on value for money transport measures before making regulations.
433. For any workplace parking levy scheme which is changed during the first 10 years of the GLA, the Secretary of State will be able to make regulations to determine whether a scheme is a new scheme or an amended scheme. The revenues from a new scheme will be ring-fenced in their entirety for transport expenditure for at least a further 10 years. The revenues from an amended scheme will only be ring fenced in their entirety until the end of the initial period agreed when the scheme was originally introduced. The Mayor will be able to require a licensing scheme to pay a proportion of the net proceeds from any workplace parking levy scheme to the Authority, Transport for London, or one or more borough councils.
434. Paragraphs 25 to 30 set out provisions for the Secretary of State's general approval of the use of the net revenues from workplace parking charging schemes. Approval will be required for a ten year plan of expenditure before a scheme starts operating. Once a scheme is operating, approval will be required at four-yearly intervals for a programme of expenditure covering the next four years. This approval process covers revenues retained by a licensing authority, and monies redistributed by the Mayor to bodies which are not the licensing authority. Revenues from workplace parking levies are to be spent only on "value for money" transport measures which support integrated transport objectives and the Mayor's transport strategy. The Secretary of State will be able to issue guidance on an appraisal framework for determining value for money.
CHAPTER XVI: TRANSITION FROM LONDON REGIONAL TRANSPORT TO TRANSPORT FOR LONDON
435. The Act provides for the dissolution of LRT, the repeal of the LRT Act 1984 under which it was set up, the transfer of its undertaking to TfL and the conferral on TfL of the necessary powers to enable it to continue to provide the services at present provided by LRT. This need not, however, all happen at once and this Chapter provides for the transition from LRT to TfL and for the period during which TfL and LRT will be operating side by side, with LRT retaining part of its undertaking and the remainder vested in TfL.
436. Section 297 requires the Secretary of State from time to time to prepare programmes for the transfer to TfL of property, rights and liabilities of LRT. The powers conferred by Part XII (supplementary provisions) will be exercisable for this purpose, so that the actual transfer of property, rights and liabilities will be accomplished under those powers. To the extent that a programme has not been implemented, it may be varied or replaced by another programme.
437. Section 298 provides for the exercise of functions during the period between the coming into force of section 298 and LRT's ceasing to provide or secure the provision of public passenger transport services. It defines "transitional purpose", as facilitating the securing and carrying into effect of PPP agreements, facilitating the transfer of functions, property, rights or liabilities of LRT and the other predecessor bodies to TfL, facilitating the exercise by TfL of transferred functions and securing the continuation of public passenger transport services without disruption. LRT are required, and are to be taken before the coming into force of the section to have had power, to do anything appropriate for these purposes. The Mayor, LRT and TfL are required to consult and co-operate with each other for these purposes. To that end they are required to provide each other with information and may enter into arrangements with each other for the provision of services and the discharge of one another's functions.
438. Orders under Part XII may provide for legislation (including the Act and the LRT Act 1984) to be adapted during the transitional period so that the two bodies can operate side by side.
439. In accordance with section 299, if provision made under the Act enables the Mayor to give LRT directions or determine its fare structure, he must act in a way which he considers will not prejudice the financial or other interests of LRT, whilst having regard to those of TfL. A similar duty is imposed on TfL, in the event of its being given power to enter into concessionary fare arrangements covering LRT's services as well as its own.
440. Section 300 provides for continuity in respect of repealed functions of LRT, so that anything done by LRT is to be treated as done and able to be continued by TfL and TfL is substituted for LRT in instruments, contracts or legal proceedings.
441. Section 301 transfers to TfL some functions which LRT inherited from its predecessor, the London Transport Executive. Subsection (2) amends section 144 of the Transport Act 1968 so that LRT's duty to preserve certain historical records and artefacts is transferred to TfL.
442. Section 302 provides for the Secretary of State to make an order dissolving LRT when he is satisfied that provision has been made for the transfer of all its property, rights and liabilities.
PART V: THE LONDON DEVELOPMENT AGENCY
443. The Regional Development Agencies Act 1998 ("the RDA Act") divides England into a number of regions and establishes a development agency for each region (an "RDA"). Each regional development agency is a non departmental public body accountable to the Secretary of State. This Part of the Act amends the RDA Act to make the London Development Agency (LDA) accountable to the Greater London Authority. It does not radically alter the powers, purposes and duties of the LDA, but adapts them to take account of its different status within the framework established for the GLA and its functional bodies.
Section 304: Appointment of members of the Agency by the Mayor
444. Section 304 and paragraph 20 of Schedule 25 contain provisions on the appointment of members of the agency by the Mayor.
445. Under section 2 of the RDA Act, the Secretary of State appoints the board of RDAs, after carrying out consultations. He also appoints the first Chief Executive of each RDA, approves the appointments of subsequent Chief Executives, may remove members from office under certain conditions and decides the remuneration of members and staff. In London the Mayor, rather than the Secretary of State, will have the powers and duties of appointment, and removal from office, of members of the LDA board. The Mayor must carry out the consultations, laid down in section 2 of the RDA Act (but excluding the obligation to consult rural interests) before making board appointments. He must also consult the Assembly. At least half the board, including the chairman, must appear to the Mayor to have experience in running a business and at least four members must be, or have been at the time of their appointment, elected members of the London Assembly, a London borough council or the Common Council. The Mayor will not be able to make it a condition of the appointment of elected members of local authorities to the board that they should resign if they cease to be elected members of local authorities.
446. The Mayor will appoint the first Chief Executive of the LDA and will approve the appointments of subsequent Chief Executives. The Mayor will be able to determine the remuneration of members and staff.
Section 305: Delegation of functions by Ministers to the Mayor
447. Section 305 contains provisions on the delegation of functions by Ministers to the Mayor.
448. Section 6 of the RDA Act provides for the delegation of certain functions ('eligible' functions) by Ministers to RDAs and lays down the conditions under which such delegations can be made, varied and revoked. The Act inserts into the RDA Act a new section 6A, which applies to the LDA an amended version of section 6 of that Act. The new section 6A provides that a Minister will be able to delegate any eligible function to the Mayor or, with the Mayor's consent, to the LDA. The scope of the power to delegate functions to the mayor or the LDA is essentially the same as that for delegating functions to the RDAs outside London, in particular, the Minister has power to make a delegation subject to such conditions as the Minister sees fit.
449. The provisions of section 38 of the Act will also apply to the LDA. They will allow the Mayor to delegate further functions to the LDA. If powers are delegated to the LDA in this way, then the Mayor must attach conditions to the delegation to the LDA, in order to ensure that the conditions attached by the Minister to the original delegation to the Mayor will be satisfied.
450. Schedule 3 of the RDA Act will apply to delegations to the Mayor and LDA by virtue of the new section 6A inserted in the RDA Act. That Schedule provides for transfer schemes covering property, rights and liabilities, including staff contracts, which a Minister might consider it appropriate to transfer as a consequence of a function being delegated.
Sections 306 and 307: The London Development Agency strategy
451. Sections 306 and 307 provide for the preparation of the London Development Agency Strategy, by inserting new sections 7A and 7B into the RDA Act, which apply an amended version of section 7 of that Act to the LDA. Section 7 of the RDA Act obliges a development agency to formulate and keep under review a strategy in relation to the purposes given to it in section 4 of the RDA Act. The Secretary of State can give an RDA guidance on directions on certain aspects of the strategy, and the RDA must take account of this strategy in carrying out its functions.
452. The new section 7A provides for both the Mayor and the LDA to be involved in preparing and revising the strategy. The LDA's role is to draft the strategy and keep it under review, following any directions and guidance given it by the Mayor. The Mayor, on receiving a draft strategy from the LDA, must publish the strategy, with or without modifications, as soon as is practicable. The LDA must keep the strategy under review and may propose revisions to the Mayor, who must publish it as revised.
453. Before publishing the strategy, the Mayor must carry out the consultations required by section 42 and also consult representatives of employers and employees in London.
454. The LDA and the other three functional bodies must take account of the current strategy in carrying out their functions.
455. The new section 7B to the RDA Act empowers the Secretary of State to give guidance and directions to the Mayor on certain aspects of the strategy. The Secretary of State can give guidance to the Mayor concerning matters to be covered by, and issues to be taken into account, in preparing or revising the strategy. The issues can be any on which guidance can be given to RDAs outside London. The Mayor must have regard to any such guidance.
456. If the Secretary of State considers that the strategy (or any part of it) is inconsistent with national policies, or that its implementation is having, or is likely to have, a detrimental effect on any area outside London, then he can direct the Mayor to revise the strategy in order to remove that inconsistency or detrimental effect. For this purpose, national policies are any government policies which are available in written form and have been presented to either House of Parliament or published by a Minister. The Mayor must revise the strategy in accordance with any such direction. The Mayor will not be obliged to carry out the consultation required by section 34 or the new section 7A of the RDA Act on such a revised strategy.
457. The notes on sections 41 to 44 describe the Mayor's general duties regarding his strategies and the Secretary of State's power of direction, and apply to the LDA strategy as they do to other strategies.
Section 308: Audit
458. Section 308 makes provision for the audit of the LDA. Section 15 of the RDA Act requires that RDAs' accounts should be audited by the Comptroller and Auditor General, as is normal for non departmental public bodies. Section 308 amends section 15 to provide that the LDA, like the Authority and its other functional bodies, will have its accounts audited by the Audit Commission. It also requires that a copy of the audited accounts should be sent to the Mayor and to the Chair of the London Assembly.
Section 309: Further amendments to the RDA Act
459. Section 309 introduces Schedule 25 to the Act.
460. Paragraphs 4 to 9 of Schedule 25 provide that the financial provisions in sections 9 to 14 of the RDA Act are not to apply to the LDA. The finances of the LDA will instead be governed by the provisions of Part III of this Act. Paragraph 5 ensures that any grants made, under section 10 of the RDA Act, to the Authority by the Secretary of State, are for the purposes of the London Development Agency. This provision, together with the provisions of section 103, ensures that any such grants are paid by the Authority to the Agency.
461. Paragraphs 3 and 10 to 12 of Schedule 25 contain provisions on the accountability of the LDA. There will be no Regional Chamber for the LDA, as provided for in sections 8 and 18 of the RDA Act in relation to other RDAs.
462. The Mayor may specify the form and contents of the LDA's annual report, required by section 17 of the RDA Act. The report is to be sent to the Mayor and Assembly (rather than be sent to the Secretary of State and laid before Parliament). The Mayor must arrange for it to be published.
463. The Mayor may give such directions and guidance to the LDA on the exercise of its functions as he sees fit.
464. Other provisions in Schedule 25 concerning the accountability of the LDA are contained in the provisions of the Act on the provision of information, advice and assistance by functional bodies, power to require attendance at Assembly meetings and investigation of functional bodies by the Commission for Local Administration.
465. Paragraphs 2 and 13 to 15 of Schedule 25 contain further amendments to the RDA Act. Section 5 of the RDA Act requires the Secretary of State's consent before a RDA forms or acquires an interest in a company. The LDA must seek the Mayor's consent for such actions.
466. Orders made by the LDA as respects the compulsory purchase of land and changes in the name of the LDA may only be submitted to the Secretary of State for approval with the consent of the Mayor.
467. The provision in section 25 of the RDA Act for altering the regions of the regional development agencies will not apply to the London region, so that the region of the LDA will remain identical to that of Greater London.
PART VI: POLICE AND PROBATION SERVICES
468. England and Wales is divided into 43 policing areas, two in London (the metropolitan police district (MPD) and the City of London police area) and 41 elsewhere. Policing in each of these areas is the responsibility of three parties. These are the chief officer of police for that area, the Home Secretary and the police authority for that area. Uniquely, with regard to the MPD the Home Secretary acts as police authority as well as in his national role.
469. The main legislation governing the roles, duties and powers of these three parties in the non-London police areas is the Police Act 1996 ("the 1996 Act"). Although some of the provisions of that Act apply to the policing of London, many do not. There is a significant number of other statutes governing the policing of the MPD, dating back to the Metropolitan Police Act 1829 ("the 1829 Act"), which established the metropolitan police force.
470. The purpose of Part VI of the Act and the related Schedules 26 and 27 is, so far as possible, to bring the arrangements for the policing of the MPD into line with arrangements elsewhere in England and Wales. The Act achieves these changes in two main ways. First, by inserting new sections into the 1996 Act concerned specifically with the new police authority for London, the Metropolitan Police Authority (MPA), and the metropolitan police force. Second, through amendments to the 1996 Act which have the effect of applying provisions of that Act to the policing of the MPD. There are also a number of consequential amendments to other legislation.
471. The policing of the City of London is not affected by the policing provisions contained in this Act.
472. Part VI also makes provision for the reorganisation, by order, of the probation service in Greater London (see comments on section 326 below).
Sections 310 and 312 and Schedule 26: Establishment, membership and duty to maintain police force
473. Section 310 deals with the establishment and duties of the MPA. It provides that a police force is to be maintained for the metropolitan police district (MPD) and for the establishment of the Metropolitan Police Authority (MPA) for the MPD.
474. Section 312 substitutes the MPA for the Home Secretary as the police authority for the MPD. It is intended that the MPA will be established on 3 July 2000.
475. Provisions on the membership and procedures of the MPA are contained in Schedule 26. As with other police authorities, the MPA will have a majority of elected members, with the balance made up of magistrates and independent members. However, there will be a number of differences between the MPA and the other authorities:
476. Schedule 27 also makes various amendments to parts of the 1996 Act which set out the selection procedure for independent members of police authorities.
Section 311: Assimilation of general functions to those of other police authorities
477. Section 311 assimilates the MPA's general functions to those of other police authorities. The MPA will be under a duty to maintain an efficient and effective police force for the MPD. In discharging its functions, the MPA must have regard to a number of factors:
478. The MPA will also have to comply with any directions given to it by the Secretary of State relating to performance targets, or following an adverse report from Her Majesty's Inspectors of Constabulary.
479. Schedule 27 amends the 1996 Act so as to require the MPA to determine objectives for the policing of the MPD, issue a policing plan, and produce an annual report at the end of each financial year.
Section 313: Openness
480. Section 313 makes some amendments to the Local Government Act 1972 to apply various provisions of that Act to the MPA regarding such matters as public access to meetings and documents.
Sections 314 to 322: Commissioner, Deputy Commissioner, Assistant Commissioners, Commanders and other members of the metropolitan police force
481. Section 314, section 316, section 319 and Schedule 27 set out the functions of the three most senior ranks of the metropolitan police force. Section 314 provides for the metropolitan police force to be under the direction and control of the Commissioner of Police of the Metropolis ("the Commissioner"), and that in discharging this function the Commissioner is to have regard to the MPA's policing plan. An amendment in Schedule 27 provides that the Commissioner, like Chief Constables and the Commissioner of Police for the City of London, can be required by the Secretary of State to submit a report on matters connected with policing.
482. Section 316 provides that the Deputy Commissioner of Police of the Metropolis ("the Deputy Commissioner") will exercise the powers and duties of the Commissioner in the latter's absence or with the latter's consent, and will also have all the powers and duties of an Assistant Commissioner. At present there is no statutory rank of Deputy Commissioner, so when the Commissioner has been unable to perform his duties the legal position is that one of the Assistant Commissioners designated for that purpose has exercised them. The Act repeals sections of the Metropolitan Police Act 1856 which cover the powers of Assistant Commissioners; section 319 inserts equivalent provisions into the 1996 Act. An Assistant Commissioner will be able to exercise the powers and duties of the Commissioner with the consent of the latter.
483. Section 315 and sections 317 to 320 make provision for the appointment and removal of the four most senior ranks of the metropolitan police force, that is the three Commissioner ranks plus Commanders. A Commander is the highest rank below the three Commissioner ranks, and is considered roughly equivalent to the rank of Assistant Chief Constable outside London. Section 322 provides that the ranks that may be held in the metropolitan police force are those prescribed in regulations made under section 50 of the 1996 Act, and that they must include the four senior ranks and the ranks of superintendent, chief inspector, inspector, sergeant and constable.
484. The appointment and dismissal provisions for the four senior ranks are similar to the procedures that are already applied to Chief Constables and Assistant Chief Constables outside London. In particular, regulations made under section 50 of the 1996 Act, which are concerned with the appointment and dismissal of police officers, will be applied to the three Commissioner ranks and to Commanders. One effect of this will be that the Commissioner ranks will in future be police officer appointments - at present they are civilian posts, albeit that all recent incumbents have been police officers.
485. However, there will be a few differences in the appointment procedure to reflect the special status of the metropolitan police force, and those who hold senior office in it. Her Majesty, on a recommendation from the Home Secretary, will as now make the appointment of a Commissioner. Section 315 requires the Home Secretary to have regard to the MPA's recommendations and any representations from the Mayor before making his recommendation to Her Majesty. The procedure for the appointment of a Deputy Commissioner is set out in section 317 and is the same, except that it is the Commissioner, rather than the Mayor, whose is able to make representations.
486. Appointments of Assistant Commissioners and Commanders will be made by the MPA, subject to the approval of the Secretary of State.
487. The Act also sets out the procedure for the removal of the Commissioner, Deputy Commissioner, Assistant Commissioners and Commanders. The MPA may, having given the officer an opportunity to make representations and having obtained the Secretary of State's approval, call upon the officer to retire in the interests of efficiency or effectiveness.
488. Section 42 of the 1996 Act, which covers the procedure to be followed by the Secretary of State when requiring a police authority to exercise its powers to remove a Chief Constable (or Assistant Chief Constable), is also amended in paragraph 90 of schedule 27 so as to apply that section to the removal of the Commissioner, Deputy Commissioner, Assistant Commissioners and Commanders. Paragraph 95 of Schedule 27 (which amends section 50 of the Police Act 1996 allows the MPA, rather than (as now) the Commissioner, to decide disciplinary cases involving senior officers of the metropolitan police force. (A "senior officer" is a member of a police force holding a rank above that of Superintendent. The three Commissioner ranks (as there will be) and Commanders come within this definition.)
489. Section 321 makes transitional provision in respect of those individuals who are occupying any of the four senior ranks of the metropolitan police force on the date when the sections of the Act relating to their appointment come into force (which is intended to be 3 July 2000). Such individuals will be deemed to have been appointed under the new arrangements inserted into the 1996 Act by this Act. This will ensure that they are subject to other provisions made by this Act in respect of the four senior ranks - for example, the procedures for handling complaints and discipline cases against them.
Sections 323 and 324: Alteration of the metropolitan police district
490. Section 323 amends the boundary of the metropolitan police district (MPD) to make it coterminous with Greater London, excluding the City of London, the Inner Temple and the Middle Temple (which will continue to be policed by the City of London police force). At present, the MPD extends beyond Greater London, incorporating parts of Essex, Hertfordshire and Surrey. This section removes this historical anomaly. There are 43 police areas in England and Wales, and these are based on whole counties and/or districts. Schedule 27 makes some consequential changes, by repealing various provisions which will be obsolete once the MPD boundary is brought into line with those of the London boroughs. Paragraphs 69, 84 and 105 of Schedule 27 remove references to the previous boundaries of the MPD. Paragraph 85 of Schedule 27 also ensures that the GLA will be consulted should the Secretary of State decide to amend the MPD boundary.
491. Section 324 enables the Commissioner to second officers from the metropolitan police force to the county forces of Essex, Hertfordshire and Surrey to meet demands placed (or expected to be placed) on those forces as a result of the changes to the MPD boundary. The purpose of any such secondments would be to provide adequate policing cover in the areas transferred, giving the county forces sufficient time to recruit new officers to police those areas in the longer term.
Section 325 and Schedule 27: Further amendments relating to metropolitan police etc
492. Section 325 introduces Schedule 27 which contains many amendments to existing legislation to reflect provisions in this Act. A few of the more significant changes which are not discussed elsewhere in this part of the explanatory notes are mentioned here.
493. Paragraph 74 of Schedule 27 provides that the MPA will be the employer of civilian staff of the metropolitan police force (although the majority of such staff will remain under the direction and control of the Commissioner). At present, they are employed under the Commissioner or Receiver for the Metropolitan Police District. Paragraph 20 ensures that these employees retain their pension entitlements under the Metropolitan Civil Staffs Superannuation Scheme when they transfer. Paragraph 75 requires the MPA to appoint a person to be its clerk. Paragraph 76 sets out the discretion the MPA will have when choosing what person to appoint to a particular office or to take on specified duties, as required by other legislation (namely, that such a person may or may not already be employed by the MPA). Paragraph 77 provides that provisions in the Local Authorities (Goods and Services) Act 1970 on the supply of local goods and services by local authorities will apply to the MPA in the same way as to police authorities outside London. Paragraph 78 provides for the holding of meetings by the London Assembly to put questions to a representative (or representatives) of the MPA on the discharge of the MPA's functions.
494. Provisions on the remuneration of the Commissioner and Assistant Commissioners contained in section 1 of the Metropolitan Police Act 1899 are repealed by Schedule 27 and will in future be covered by regulations made under section 50 of the 1996 Act.
495. Schedule 27 places the Commissioner under the same requirement to provide to the MPA an annual general report on policing as other chief officers of police are to provide such a report to their police authority. Constables who are members of the metropolitan police force will give their attestation to a justice of the peace in the same way as constables of other forces, rather than by giving it to the Commissioner or an Assistant Commissioner as they do at the moment. The same arrangements set out in section 96 of the 1996 Act for obtaining the views of the community on policing matters and for obtaining their co-operation in preventing crime are applied to the MPD as to police areas outside London.
496. The Schedule also provides that the MPA is the appropriate authority for dealing with complaints against senior officers in its area rather than, as at present, the Commissioner. Where the complaint is against the Commissioner or Deputy Commissioner, the Secretary of State rather than the MPA appoints the person to investigate that complaint. The present requirement that the investigating officer must not be of a lower rank than the officer against whom the complaint has been made is disapplied because both the Commissioner and Deputy Commissioner are regarded as higher in rank than a Chief Constable.
497. Provision is made in respect of the national and international functions of the metropolitan police force. The Commissioner will be accountable to the MPA in respect of all of the activities of the force, including any of its national or international functions which take place outside, or relate to matters outside, the MPD. However, the Home Secretary will retain a continuing responsibility for these functions. Paragraph 104 of Schedule 27 therefore provides that the Secretary of State and the MPA may make an agreement on the level of performance that the metropolitan police force will achieve in respect of these functions, for example the protection of prominent persons, national security and counter-terrorism. The Secretary of State has power to give directions to the MPA if he considers that the level of performance set out in the MPA is not being met or, in the absence of an agreement, if he considers that the level of performance is not satisfactory. The MPA will be under a duty to comply with any such direction.
Section 326: The probation service
498. The Government has embarked upon a programme of probation service changes which include, where necessary, amalgamating probation areas so that they and the police service share common boundaries. Overall, this will mean the 54 existing English and Welsh probation areas becoming 42, including the five in London joining to create a single new probation service for the capital, its boundaries the same as those of the Metropolitan Police District (as amended by section 323), except that the single probation service will also cover the City of London. All of the planned probation amalgamations are intended to take effect on 1 April 2001.
499. Section 326 provides an order-making power to amalgamate the probation areas in Greater London into one area and organise the probation service in that area. Provision may be made in the order to amend or repeal the Probation Service Act 1993.
Section 327: Abolition of office of Receiver
500. Section 327 provides for the abolition of the office of Receiver, by order of the Secretary of State. Related provisions are contained in section 312 (in the definition of a "police fund" in the 1996 Act) and in Schedule 27. The office of Receiver was created by the 1829 Act to handle financial, contractual and similar matters of the metropolitan police force. The office is unique to the MPD - in other police forces, the police authority performs these functions. The MPA will take on the majority of the police-related functions of the Receiver, although the existence of a single financial structure for the GLA means the financial roles of the MPA will be a modified version of those of other police authorities (see Part III of the Act: Financial Provisions).
501. The Receiver has over time acquired a number of responsibilities in respect of the inner London probation service (ILPS) and the inner London magistrates' courts service (ILMCS). Powers in Part XII of the Act may be used to transfer the ILPS-related responsibilities elsewhere following the use of the order-making power in section 326. The target date for this is 1 April 2001. The ILMCS-related responsibilities will be taken on by the GLMCA - see section 83 of, and paragraph 13 of Schedule 12 to, the Access to Justice Act 1999. Paragraph 33 of Schedule 14 to that Act provides for the transfer of property, rights and liabilities from the Receiver to the GLMCA; paragraph 36 is concerned with the pension arrangements of inner London court staff currently on the Metropolitan Civil Staffs Superannuation Scheme. It is intended that the GLMCA will take on its full powers on 1 April 2001. The Receiver will therefore retain responsibility for these functions for an interim period following the creation of the MPA. Once provision has been made for the transfer of those responsibilities and of the Receiver's property, rights and liabilities, the Secretary of State may abolish the office of Receiver by order.
502. Paragraph 73 of Schedule 27 makes further provision relating to MPA funding issues. It extends to the MPA the requirement already incumbent on other police authorities to keep a police fund (i.e. a fund out of which money is paid for police purposes). Paragraph 92 of Schedule 27 provides that the MPA rather than the Receiver will be treated as the employer of police cadets in London and paragraph 102 removes provisions relating to payments for special constables and police cadets which will no longer be required. It provides that various grants made by the Secretary of State for police purposes will go to the MPA (via the GLA) rather than to the Receiver. Paragraphs 92 to 94 also provide that grants by local authorities, and gifts of money and loans, will go to the MPA rather than to the Receiver.
PART VII - THE LONDON FIRE AND EMERGENCY PLANNING AUTHORITY
503. The present position is that the London Fire and Civil Defence Authority (LFCDA) is the fire authority for London. The LFCDA was established by section 27 of the Local Government Act 1985, which conferred on the LFCDA the functions of a fire authority and certain functions with respect to civil defence. The LFCDA is a "joint authority", and is comprised of one member of each of the constituent councils (the 32 London borough councils plus the Common Council).
Section 328: Reconstitution of the Fire etc. Authority
504. Section 328 will change the name of the LFCDA to the London Fire and Emergency Planning Authority (LFEPA). It will continue in being, although it will have a different constitution under Schedule 28. The Act reflects the fact that the LFEPA is the same body as the LFCDA by referring to it as the "Fire etc Authority". As it is the same body, the Act will not affect its property, rights and liabilities (including rights and liabilities under contracts of employment).
505. There are numerous provisions of primary and secondary legislation which apply to the LFCDA because it was established by Part IV of the Local Government Act 1985. Some provisions, for example, refer to a "joint authority" as a body established under Part IV of that Act. Others refer directly to bodies established under Part IV of that Act. This Act provides that any references of this nature must be taken as not referring to the LFEPA.
506. The new constitution of the LFEPA is set out in Schedule 28 to the Act. The LFEPA is to consist of 17 members, 9 of whom are to be members of the London Assembly appointed by the Mayor (known as the "Assembly representatives"). The other 8 members are to be members of the London borough councils including the Common Council (known as the "borough representatives"). These will be nominated by those councils and appointed by the Mayor.
507. In appointing the Assembly representatives, the Act requires that the Mayor should ensure that, so far as practicable, the political balance of the Assembly is reflected. The borough councils are required to nominate representatives to reflect, so far as practicable, the overall balance of parties on the councils. Members of the LFCDA will cease to hold office on the date of reconstitution.
508. LFEPA members are to hold office for one year, or a shorter period if the Mayor so decides. The Mayor can renew the appointment of a member of the LFEPA except where, in the case of a borough representative, the London borough councils, at least one month before the end of the representative's term of office, give notice that they have nominated a successor. The Mayor will be able to terminate the appointment of a member of the LFEPA where satisfied that the member is unable or unfit to discharge his or her responsibilities. The Act requires the Mayor to appoint each year one of the members of the LFEPA as its chairman. The LFEPA itself will appoint each year one of its members as vice-chairman.
509. The rules which apply to meetings and proceedings of the LFCDA will in the main apply to the LFEPA. The annual meeting will be held on a date between 1 March and 30 June to be fixed by the LFEPA; and the number of members who can call an extraordinary general meeting will be three. The quorum for meetings of the LFEPA will be five, with at least one Assembly representative and at least one borough representative. The first meeting of the LFEPA will be convened by the chief fire officer of the London Fire Brigade and held as soon as reasonably practicable.
510. Schedule 29 makes miscellaneous amendments to legislation relating to the LFCDA's functions to reflect the changes described above.
Section 329: Role as the fire authority for Greater London
511. The functions relating to fire services and fire and civil defence authorities are set out in Schedule 11 to the Local Government Act 1985. That Schedule provides that references to a fire authority in the Fire Services Acts 1947 to 1959 and any other legislation mean, as far as Greater London is concerned, the LFCDA. Section 329 replaces the reference in that Schedule to the LFCDA being the fire authority for Greater London with a reference to the LFEPA.
Section 330: Civil Defence
512. Section 330 provides that the LFEPA, like the LFCDA, will be a local authority for the purposes of the Civil Defence Acts 1939 and 1948. This allows regulations made by the Secretary of State to confer functions under those Acts on the LFEPA.
Sections 331 to 333: Openness, discharge of functions and miscellaneous powers and duties
513. Sections 331 to 333 provide that the following provisions of the Local Government Act 1972 will apply to the LFEPA in the same way as they apply to the LFCDA: Part VA (access to meetings and documents), Part VI (discharge of functions) and Part VII (miscellaneous powers and duties).
PART VIII: PLANNING
514. London boroughs are the local planning authorities in London. Under the Town and Country Planning Act 1990 they produce unitary development plans (UDPs) for their areas and deal with applications for planning permission for new development. Strategic Guidance for London planning authorities (currently RPG3 ("Regional Planning Guidance 3"), published in May 1996) is issued by the Secretary of State. It sets out planning policies and principles for the guidance of boroughs in exercising these functions.
Sections 334 to 338: The Mayor's spatial development strategy
515. Sections 334 to 338 of the Act contain provisions relating to the preparation of a spatial development strategy. The Act provides that the Mayor should produce a spatial development strategy setting out strategic planning policies for London. This will provide a framework for the boroughs' UDPs, and also set out the spatial context for the Mayor's other policies and strategies. The strategy will replace the current guidance issued by the Secretary of State. It is incorporated into the planning system established by the Town and Country Planning Act 1990, but it will not be a development plan within the meaning of that Act. Boroughs will remain the designated planning authorities for their areas.
516. Sections 334 to 337 set out the procedures for producing the strategy. These provisions are closely modelled on those for development plans contained in the Town and Country Planning Act 1990. The Secretary of State will be able to prescribe in regulations the matters to be covered in the strategy, and the inclusion of, for example, a key diagram. The strategy must deal only with matters of strategic importance to London. The Secretary of State may prescribe bodies or persons to be consulted by the Mayor before publishing his strategy in addition to those otherwise required to be consulted included in the Act.
517. Section 338 makes provision, as part of the consultation process, for holding a public examination of the Mayor's proposals. This is a procedure which applies at present for county structure plans and for regional planning guidance. In this case, however, the chairman or panel appointed by the Secretary of State to conduct the examination is responsible for deciding which matters need to covered, and will report their findings to the Mayor. The Secretary of State will be able to make regulations or publish guidance concerning the conduct of the examination. The intention is that the examination should provide a non-adversarial opportunity for the discussion and testing in public of the justification for selected policies and proposals; it will not be a hearing of objections, nor need it cover every aspect of the proposals.
518. Section 336 provides for the withdrawal of any proposed strategy. Because a draft strategy might well be a "material consideration" to be taken into account in a planning decision, the Act specifically provides for the formal withdrawal of a draft strategy by the Mayor at any time before it is published so that it will be clear it no longer can be a material consideration.
519. Section 337 covers conditions to be satisfied before publication of the strategy. The Mayor will not be able to publish his final strategy until he has considered representations made in response to the consultation exercise, received the report from the examination in public, and complied with any directions given by the Secretary of State. The Secretary of State is able to give directions requiring the modification of the Mayor's proposals where he may consider this necessary to secure consistency with national policies, including relevant planning policy guidance, or to avoid harm to the interests of areas outside Greater London.
Sections 339 to 341: Review, alteration and replacement
520. Sections 339 to 341 deal with the review, alteration and replacement of the spatial development strategy. The Mayor is required to keep under review both the strategy itself and matters likely to affect it. The Secretary of State may direct the Mayor to undertake a review, and may also direct the alteration or replacement of the Strategy. In developing proposals for altering or replacing the strategy the same consultation procedures and other provisions apply as for the original strategy.
Sections 342: Matters to which the Mayor is to have regard
521. Section 342 provides that in drawing up his strategy the Mayor is required to have regard to any regional planning guidance issued by the Secretary of State (such as that which currently exists for the South East region (currently RPG9 published in March 1994)) and any other matters that the Secretary of State may prescribe in regulations. He will also be required, by virtue of section 41(5), to have regard to current national policies (such as are set out in the Secretary of State's planning policy guidance notes ("PPGs")), to the availability of resources, and to the other matters set out there which apply to all the Mayor's strategies.
Sections 344 and 345: Amendments to the Town and Country Planning Act 1990
522. Subsections (1) to (8) of section 344 deal with the relationship between the Mayor's strategy and UDPs. The boroughs will continue to produce UDPs for their areas under sections 10 to 28 of the Town and Country Planning Act 1990. But, by amending sections 12 and 15 of that Act, the Act requires that these plans be "in general conformity with" the spatial development strategy before they can be adopted. (A similar requirement currently exists outside London for districts' local plans in relation to county structure plans).
523. Subsections (4) and (5) amend section 13 of the 1990 Act to require boroughs, before publicising their UDP proposals, to obtain from the Mayor a written opinion as to whether these are in general conformity with his Strategy. Where he considers that they are not, the Mayor's opinion will be considered as a formal objection at the public inquiry into the UDP. Through an amendment to section 26 of the 1990 Act made by subsection 8, the Secretary of State is able to make provision in regulations about how the Mayor's opinion should be obtained.
524. Subsection 7 inserts a new section after section 21 of the 1990 Act which has the effect of enabling a borough to apply the conformity test to any published proposals for amending the strategy as if they were in force. This "permitted assumption" is based on a similar provision in section 46 of the Town and Country Planning Act 1990 in relation to the conformity between structure and local plans.
525. Subsection (9) of section 344 makes provision for the Mayor's role in relation to planning applications by amending section 74 of the Town and Country Planning Act 1990. Section 74 enables the Secretary of State to make development orders specifying how planning applications are to be dealt with by the local planning authority. The new provision allows the Secretary of State to empower the Mayor of London to direct the borough to refuse planning permission for prescribed classes of application and in prescribed circumstances. These classes and circumstances may be prescribed by the Secretary of State in the development order. The Secretary of State's existing order-making powers under this section enable him to specify the Mayor as a statutory consultee in such cases and to set deadlines for commenting on applications.
526. Section 345 provides for the Mayor to be liable for the costs of an inquiry into an appeal against refusal of planning permission resulting from a Mayoral direction if it is found the power has been used unreasonably. In such cases this relieves the local planning authority of liability where it has followed a Mayoral direction.
Section 346: Monitoring and data collection
527. Section 346 places the Mayor under a duty to monitor the implementation of the strategy and matters relevant to its preparation and review, as well the boroughs' UDPs.
Sections 348 and 349: The Mayor's functions in relation to planning around Greater London and abolition of joint planning committee for Greater London and.
528. Section 348 provides for the Mayor to inform local planning authorities for areas in the vicinity of Greater London, or any representative bodies (eg SERPLAN), the Mayor's views on matters of common interest in relation to the planning and development of Greater London or those areas. This role is currently carried out by the London Planning Advisory Committee which was set up under section 5 of the Local Government Act 1985 and which is in consequence abolished by section 349. The section also provides for the Mayor to consult the London boroughs in the exercise of this function.
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