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PART IV continued CHAPTER VIII continued
(1) Arrangements under section 240(1) above for travel concessions for London residents meet the requirements of this section as to scope if they provide for the grant of travel concessions to all eligible London residents on journeys falling within subsection (2) below.
(2) Those journeys are journeys of a description falling within section 240(3) above, on the London Local Transport Network.
(3) For the purposes of this Chapter, the London Local Transport Network consists of—
(a) bus services which together make up the London bus network within the meaning of section 181 above;
(b) services using a system of guided transport which are provided by Transport for London or under an agreement entered into by Transport for London under section 156(2) or (3)(a) above or under a transport subsidiary’s agreement;
(c) railway services which are so provided;
(d) tramway services which are so provided; and
(e) services on the river Thames or a tributary of the river Thames which are so provided.
(4) In subsection (3) above “guided transport”, “railway” and “tramway” have the same meanings as in section 240(6) above.
(5) The requirements of this section as to scope do not preclude the imposition of terms, limitations or conditions with respect to the particular journeys falling within subsection (2) above on which travel concessions are available.
(6) Such terms, limitations or conditions may make different provision for different categories of eligible London residents.
(7) In this Chapter a reference to a category of eligible London residents is a reference to the categories of such residents mentioned in paragraphs (a), (b) and (c) of section 240(5) above.
(1) Arrangements under section 240(1) above for travel concessions for London residents meet the requirements of this section as to uniformity if they—
(a) make the same provision, for all eligible London residents of the same category, with respect to the benefit of any travel concession granted to those residents under the arrangements and the periods during which it is available;
(b) make the enjoyment of the benefit of any travel concession granted under the arrangements conditional on the production, by any person seeking to travel under that concession, of a travel concession permit issued to him in accordance with the arrangements; and
(c) make the same provision with respect to the period of validity of all travel concession permits issued in accordance with the arrangements to eligible London residents of the same category,
whether or not, in any other respects, the arrangements make different provision for different cases to which they apply.
(2) References in subsection (1) above to the benefit of a travel concession are references to the waiver or reduction of any fare or charge to which the arrangements in question apply, as distinct from any terms, limitations or conditions applicable to that waiver or reduction in accordance with the arrangements.
(3) For the requirements of this section as to uniformity to be met it is sufficient that those requirements are met in relation to each description of services comprising the London Local Transport Network individually.
(4) The reference in subsection (3) above to a description of services is a reference to the descriptions mentioned in paragraphs (a) to (e) of section 242(3) above.
(5) In this Chapter “travel concession permit” means, in relation to a travel concession granted under or by virtue of this Chapter, a document in any form indicating that the person to whom it is issued is a person entitled in accordance with the provisions of this Chapter to receive the concession in question.
(1) If all the London authorities enter into arrangements under section 101(5) of the [1972 c. 70.] Local Government Act 1972 for the joint discharge of their functions under—
(a) subsection (1) of section 240 above, or
(b) subsection (2) of that section,
and the arrangements so provide, then this section shall apply.
(2) The arrangements shall have effect for such period as may be specified in the arrangements or until otherwise terminated by the unanimous decision of the London authorities.
(3) The arrangements must provide for the function to be discharged only by a joint committee under section 101(5)(a) of the [1972 c. 70.] Local Government Act 1972.
(4) The joint committee must consist of one member of each London authority.
(5) Decisions of the joint committee must be unanimous decisions of those present and voting.
(6) Subsection (5) above is subject to a resolution of the joint committee, passed unanimously by those present and voting, that—
(a) decisions of a kind specified in the resolution, or
(b) decisions generally,
may be made by such majority of those present and voting as may be specified in the resolution.
(7) The majority specified in a resolution under subsection (6) above must be not less than two-thirds of the members of the joint committee.
(8) In consequence of the preceding provisions of this section—
(a) section 102 of the [1972 c. 70.] Local Government Act 1972 (appointment of committees) has effect in relation to the joint committee subject to those provisions; and
(b) paragraph 39(1) of Schedule 12 to that Act (questions to be decided by simple majority), as applied to a joint committee by paragraph 44(1) of that Schedule, does not have effect in relation to the joint committee.
Schedule 17 to this Act shall have effect for the purpose of providing for the payment of penalty fares in the circumstances set out in that Schedule.
(1) Section 40 of the [1984 c. 32.] London Regional Transport Act 1984 (which established the London Regional Passengers' Committee) shall cease to have effect.
(2) Any appointment to the London Regional Passengers' Committee in pursuance of that section shall cease to have effect.
(1) There shall be a body corporate to be known as the London Transport Users' Committee, referred to in this Chapter as “the Committee”.
(2) The Committee shall consist of—
(a) a Chairman, and
(b) not more than twenty-four other members,
appointed by the Assembly after consultation with the Rail Regulator.
(3) In appointing members under subsection (2) above, the Assembly shall have regard to the desirability of ensuring that the members of the Committee between them represent the interests of—
(a) those who use passenger transport facilities and services in Greater London, and
(b) those who use rail passenger transport facilities and services in the area for which the Committee is treated as the Rail Users' Consultative Committee by virtue of section 2(4) of the Railways Act 1993.
(4) A person may not be appointed under subsection (2) above if he is—
(a) an Assembly member,
(b) a member of Transport for London,
(c) a member of staff of Transport for London, or
(d) a member of staff of the Authority.
(5) If, at any time after he is appointed, a member of the Committee becomes a person within subsection (4)(a) to (d) above, he shall cease to be a member of the Committee.
(6) The Assembly may designate one or more members of the Committee to be deputy chairman or (as the case may be) deputy chairmen of the Committee.
(7) Schedule 18 to this Act shall have effect with respect to the Committee.
(1) The Committee shall consider and, where it appears to the Committee to be desirable, make recommendations with respect to, any matter—
(a) affecting the functions of the Authority or Transport for London which relate to transport, and
(b) falling within subsection (3) below, other than a matter relating to the transportation of freight.
(2) The matters falling within subsection (1)(a) above include in particular any matter relating to—
(a) services or facilities provided by Transport for London or any of its subsidiaries,
(b) services or facilities provided in pursuance of an agreement entered into by Transport for London or in pursuance of a transport subsidiary’s agreement,
(c) services or facilities otherwise authorised by Transport for London to be provided,
(d) a hackney carriage or a person licensed to be the driver of a hackney carriage, or
(e) a private hire vehicle or a person who holds a private hire vehicle driver’s licence or a private hire vehicle operator’s licence.
(3) A matter falls within this subsection—
(a) if it has been the subject of representations (other than representations appearing to the Committee to be frivolous) made to the Committee by or on behalf of users of—
(i) any of the services or facilities mentioned in subsection (2) above, or
(ii) hackney carriages or private hire vehicles,
(b) if it has been referred to the Committee by Transport for London or the Authority, or
(c) if it otherwise appears to the Committee to be a matter to which consideration ought to be given.
(4) Where a representation is made to the Committee in respect of a matter relating to a highway for which Transport for London is the highway authority and the traffic authority, the Committee shall in making any recommendation under subsection (1) above consider the interests of all those who use the highway for the purposes of passenger transport, including cyclists and pedestrians.
(5) Where a representation is made to the Committee about a matter—
(a) which relates to passenger transport by land or water in Greater London, but
(b) which is not a matter the Committee must consider by virtue of subsection (1) above,
the Committee shall refer the matter to the person whom the Committee considers the most appropriate to consider the matter.
(6) Where a representation is made to the Committee about a matter falling within subsection (2)(d) or (e) above and the matter relates to—
(a) any contravention of, or failure to comply with, any rule of law, or
(b) any breach of condition of a licence which has been granted by Transport for London,
the Committee shall refer the matter to Transport for London and shall notify the person who made the representation of the referral.
(7) Where the Committee refers a matter under subsection (5) above, the Committee shall inform the person who made the representation of the name of the body or person to whom the matter has been referred.
(8) In this section—
“hackney carriage” means a vehicle licensed under section 6 of the [1869 c. 115.] Metropolitan Public Carriage Act 1869;
“person licensed to be the driver of a hackney carriage” means a person licensed under section 8 of the [1869 c. 115.] Metropolitan Public Carriage Act 1869 or section 8 of the [1843 c. 86.] London Hackney Carriages Act 1843;
“private hire vehicle” means a vehicle for which a private hire vehicle licence for London is in force under section 7 of the [1998 c. 34.] Private Hire Vehicles (London) Act 1998;
“private hire vehicle driver’s licence” means a licence granted under section 13 of that Act;
“private hire vehicle operator’s licence” means a licence granted under section 3 of that Act.
(1) The Committee may enter into arrangements with any person providing public passenger transport services or facilities in Greater London under which the Committee may consider any matter—
(a) which relates to such transport services or facilities provided by that person, but
(b) which is not a matter falling within section 248(1) above.
(2) Arrangements under subsection (1) above shall be on such terms as may be agreed by the parties but may in particular include provision for the person with whom the Committee enters into the arrangements to make such payments by way of reimbursement of costs incurred by the Committee under the arrangements as the arrangements may specify.
(3) Arrangements under this section may be entered into by the Committee only with the consent of the Assembly.
(1) Copies of the minutes, conclusions and recommendations of the Committee with respect to any matter shall be sent—
(a) to the Assembly,
(b) to the Mayor, and
(c) to Transport for London.
(2) The Committee shall make an annual report to the Assembly and the Rail Regulator.
(3) Where the Assembly, the Mayor or Transport for London reach a decision with respect to matters dealt with in any recommendation received under subsection (1) above, the decision shall be notified to the Committee.
(1) The Assembly may issue to the Committee—
(a) guidance as to the manner in which they are to exercise their functions, or
(b) general directions as to the manner in which they are to exercise their functions.
(2) The Committee shall exercise their functions in accordance with such guidance or directions as may be issued by the Assembly under subsection (1) above.
(3) Any guidance or directions issued under subsection (1) above must be issued in writing and notified to such officer of the Committee as the Committee may from time to time nominate to the Assembly for the purpose.
(1) In section 2(4) of the [1993 c. 43.] Railways Act 1993 (London Regional Passengers' Committee to be the Rail Users' Consultative Committee for Greater London), for “London Regional Passengers' Committee” there shall be substituted “London Transport Users' Committee”.
(2) Schedule 19 to this Act (which contains amendments of enactments relating to the London Regional Passengers' Committee in consequence of the substitution for that committee of the London Transport Users' Committee) shall have effect.
Schedule 20 to this Act (which makes provision about hackney carriages) shall have effect.
(1) Except as provided by the following provisions of this section, the functions of the Secretary of State under the [1998 c. 34.] Private Hire Vehicles (London) Act 1998 are transferred by this subsection to Transport for London.
(2) Subsection (1) above does not apply to any functions of the Secretary of State under section 37, 38 or 40 of that Act (transitional provisions, financial provisions and commencement etc).
(3) Schedule 21 to this Act (which makes amendments to the [1998 c. 34.] Private Hire Vehicles (London) Act 1998 in consequence of subsections (1) and (2) above) shall have effect.
(4) Any regulations made, licence issued, authorisation granted, or other thing done under the Private Hire Vehicles (London) Act 1998, other than section 37, 38 or 40, by or in relation to the Secretary of State before the coming into force of this section shall have effect as from the coming into force of this section as made, issued, granted or done by or in relation to Transport for London.
(1) Where, by virtue of the coming into force of section 323 below, the whole or any part of the area of a district council ceases to be within the metropolitan police district, the following provisions of this section shall have effect.
(2) The provisions of the [1847 c. 89.] Town Police Clauses Act 1847 with respect to hackney carriages, as incorporated in the [1875 c. 55.] Public Health Act 1875, shall apply throughout the council’s area.
(3) The council’s area shall constitute a single licensing area for the purposes of those provisions, without the passing of any resolution under Part II of Schedule 14 to the [1972 c. 70.] Local Government Act 1972 (extension resolutions).
(4) The provisions of Part II of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976 (hackney carriages and private hire vehicles) shall also apply throughout the council’s area, without the passing of any resolution under section 45 of that Act (application of Part II).
(5) Where an order is made under section 425 below bringing section 323 below into force, the provision that may be made by virtue of section 420 or 425 below includes provision enabling or facilitating—
(a) the making of byelaws,
(b) the issuing of licences, discs or plates, and
(c) the establishment and operation of a licensing system,
in relation to hackney carriages or private hire vehicles by a district council falling within subsection (1) above in preparation for the coming into force of this section.
(6) The provision that may be made by virtue of subsection (5) above includes provision for the application of any enactment with or without modification.
(7) Subsections (5) and (6) above are without prejudice to the provision that may be made by virtue of sections 420 and 425 below.
(1) Subject to subsection (2) below, Transport for London may provide or secure the provision of such amenities and facilities as it considers would benefit persons using any waterway.
(2) Before commencing any works for the purposes of exercising the powers under subsection (1) above, Transport for London shall—
(a) comply with any requirement in an enactment to obtain a licence or consent in respect of the works, or
(b) if there is no such requirement, obtain the consent to the works of any person who is under a duty to maintain the waterway to which they relate.
The duty of the Secretary of State under section 16 of the [1885 c. clxvii.] Metropolitan Board of Works (Various Powers) Act 1885 to work a ferry-boat across the River Thames is transferred to Transport for London by this section.
(1) This section applies where—
(a) a landing place was transferred to London Regional Transport or any of its subsidiaries on or after 31st March 1999 but before this section comes into force, or
(b) after this section comes into force a landing place is transferred to London Regional Transport or any of its subsidiaries pursuant to an agreement made on or after 31st March 1999 but before this section comes into force.
(2) In this section “qualifying landing place”—
(a) means a landing place transferred as mentioned in subsection (1)(a) or (b) above, and
(b) includes any property associated with the landing place and transferred with it.
(3) Any agreement —
(a) made between the transferor of a qualifying landing place and the owner of a vessel, or with a waterman in respect of a vessel not owned by him, and
(b) which concerns the use of the qualifying landing place by the vessel,
shall have effect on and after the relevant date in accordance with subsections (4) to (6) below.
(4) The agreement shall have effect as if—
(a) the transferee had been a party to the agreement instead of the transferor;
(b) for any reference to the transferor there were substituted a reference to the transferee;
(c) any reference to any officer or member of staff of the transferor were a reference to such person as the transferee may appoint or, in default of appointment, to the officer or member of staff of the transferee who most closely corresponds to the transferor’s officer or member of staff;
and this subsection shall apply whether or not the agreement is capable of being assigned or transferred.
(5) An agreement shall only have effect in accordance with subsection (4) above—
(a) to the extent that the agreement concerns the use of the qualifying landing place by the vessel, and
(b) in relation to things falling to be done under the agreement on or after the relevant date.
(6) An agreement shall not have effect in accordance with subsection (4) above to the extent that the transferor and the transferee have made contrary provision.
(7) For the purposes of this section—
“landing place” means any waterside landing place, pier, jetty, pontoon or other similar installation;
“transferee”, in relation to a qualifying landing place, means the body (being London Regional Transport or one of its subsidiaries) to which the landing place is or was transferred as mentioned in subsection (1)(a) or (b) above;
“transferor”, in relation to qualifying landing place, means the person by whom the landing place is or was transferred to a transferee as mentioned in subsection (1)(a) or (b) above;
“relevant date”, in the case of a qualifying landing place, means—
the date when this section comes into force if on that date the landing place has been transferred to a transferee, or
if the landing place has not been so transferred, the date when it is transferred to the transferee;
“waterman” means a person who navigates a vessel used for carrying passengers for reward.
(1) Section 1 of the [1980 c. 66.] Highways Act 1980 (highway authorities: general provisions) shall be amended as follows.
(2) After subsection (2) there shall be inserted—
“(2A) Transport for London is the highway authority for all GLA roads.”
(3) In subsection (3) (highways for which a London borough council or the Common Council is the highway authority) after “which are not” there shall be inserted “for the time being GLA roads or”.
(4) In section 2(1) of the [1980 c. 66.] Highways Act 1980 (highway authority for road which ceases to be a trunk road) for paragraph (b) (roads in London boroughs) there shall be substituted—
“(b) where the road is situated in Greater London, Transport for London,”.
(5) After subsection (2) there shall be added—
“(3) Where Transport for London becomes the highway authority for a road by virtue of subsection (1) above, the road shall become a GLA road.”
After section 14 of the [1980 c. 66.] Highways Act 1980 there shall be inserted—
(1) The Secretary of State may by order designate highways or proposed highways as highways which are to be GLA roads.
(2) Any highway or proposed highway so designated—
(a) shall become a GLA road, and
(b) if it is a trunk road or other highway for which the Secretary of State is the highway authority, shall accordingly cease to be such a road or highway,
on such date as may be specified in that behalf in the order.
(3) Orders under this section may be made or amended at any time before the beginning of the term of office of the first Mayor of London.”
After section 14A of the [1980 c. 66.] Highways Act 1980 there shall be inserted—
(1) The Mayor of London shall keep under review the system of highways and proposed highways in Greater London and the allocation of responsibility for that system between the different local highway authorities.
(2) If the Mayor of London considers it expedient that—
(a) any highway or proposed highway in Greater London, other than a trunk road, should become a GLA road, or
(b) that any GLA road should cease to be such a road and should become a road for which the highway authority is a London borough council or the Common Council,
the Greater London Authority may by order direct that that highway or proposed highway shall become, or (as the case may be) that that road shall cease to be, a GLA road as from such date as may be specified in that behalf in the order.
(3) Where an order under subsection (2) above directs that a highway or proposed highway shall become a GLA road, it shall become such a road as from the date specified in that behalf in the order.
(4) Where an order under subsection (2) above directs that a GLA road shall cease to be such a road, then, as from the date specified in that behalf in the order, the road shall cease to be a GLA road and the following authority, that is to say—
(a) where the road is situated in a London borough, the council for the London borough, and
(b) where the road is situated in the City, the Common Council,
shall become the highway authority for the road.
(5) An order under this section shall be of no effect unless—
(a) it is made with the consent of the relevant highway authority; or
(b) if that consent is refused, it is confirmed (with or without modification) by the Secretary of State.
(6) For the purposes of subsection (5) above, the relevant highway authority is—
(a) in the case of an order directing that a highway or proposed highway shall become a GLA road, the authority which is the highway authority for the highway or proposed highway; and
(b) in the case of an order directing that a GLA road shall cease to be such a road, the authority which will become the highway authority for the road in consequence of the order.”
After section 14B of the [1980 c. 66.] Highways Act 1980 there shall be inserted—
(1) A certificate by or on behalf of Transport for London that any highway or proposed highway is, or is not, for the time being a GLA road shall be evidence of the facts stated in the certificate.
(2) A certificate under subsection (1) above may describe the highway or proposed highway in question by reference to a map.
(3) Transport for London shall prepare and maintain a record of the highways which are for the time being GLA roads.
(4) The record required to be prepared and maintained under subsection (3) above may consist of—
(a) a list;
(b) a map; or
(c) a list and a map.
(5) Transport for London shall deposit a copy of that record with the Greater London Authority, each of the London borough councils and the Common Council.
(6) Transport for London, and the Greater London Authority, each of the London borough councils and the Common Council, shall make the record, or (as the case may be) the copies of the record deposited with them, available for inspection by the public at all reasonable hours.”
Greater London Authority Act 1999