Transport (London) Act 1969

PART I — General functions of Greater London Council as to Transport

General duty of Greater London Council with respect to transport

1

Without prejudice to any other duty imposed on them under any other Act, and in particular to their duty under section 84(1) of the Act of 1967, it shall be the general duty of the Greater London Council (hereafter in this Act referred to as " the Council") to develop policies, and to encourage, organise and, where appropriate, carry out measures, which will promote the provision of integrated, efficient and economic transport facilities and services for Greater London.

Transport plans for Greater London

2

• (1) Without prejudice to their duties under the enactments relating to town and country planning, the Council shall from time to time prepare, and cause to be published in such manner as seems to the Council appropriate for informing persons appearing to (the Council to be concerned, plans relating to transport in Greater London with due regard to the relationship and interaction between transport facilities and services within, and such facilities and services outside, Greater London; and the Council shall send to the Minister a copy of any plan prepared by them under this section.

• (2) Plans under this section shall be in such form, and relate to such aspects of transport and such periods, as the Council and the Minister may from time to time agree; and in preparing any such plan the Council shall consult with the Minister, the Railways Board and the London Transport Executive established under section 4 of this Act (hereafter in this Act referred to as " the Executive "), with any other local authority (being the council of a London borough, the Common Council or a county council) any part of whose area appears to the Council to be affected to a significant degree by the plan, and with any other bodies who appear to the Council to be able to contribute substantially to the formulation of the plan, and shall have regard—

• (a) to any considerations to which the Minister may from time to time draw their attention, including, in particular, considerations of national or regional transport policy;

• (b) to such of the following as are for the time being appropriate, namely—

• (i) the initial development plan for Greater London within the meaning of section 25(2) of the London Government Act 1963 ;

• (ii) any proposals for alterations or additions to that plan made under section 26(2) of that Act;

• (iii) any proposals for the Greater London development plan;

• (iv) the Greater London development plan and any proposals for any alteration or addition to that plan under Part III of the said Act of 1963 or Part I of the Town and Country Planning Act 1968 ;

• (c) to any proposals for a further survey of Greater London under the said Part III or the said Part I; and

• (d) to any exercise or proposed exercise by a local planning authority of their functions in connection with the development of any part of Greater London or of any area in the vicinity of Greater London.

• (3) The Minister and the Railways Board shall have regard to any plan prepared, and to any proposals for such a plan on which they have been consulted, under this section for the purposes of settling in accordance with section 27(2) of the Act of 1962 the lines on which that Board are to act in framing and carrying out proposals involving substantial outlay by that Board or a subsidiary of theirs on capital account and, in the case of that Board, when framing and carrying out any such proposals which are likely to affect substantially transport in Greater London.

Power of Council to make grants

3

• (1) Without prejudice to any other power of the Council to make grants for transport purposes, the Council shall have power to make grants—

• (a) to the Executive for any purpose; or

• (b) to the Railways Board in respect of passenger transport services or other passenger transport amenities or facilities provided or to be provided by them which appear to the Council to be required to meet the needs of Greater London;

but any expenditure incurred by the Council in making grants under this section shall not be relevant expenditure of the Council for the purposes of section 1 of the Local Government Act 1966.

• (2) In section 83(4) of the Capital Allowances Act 1968 and, in relation to chargeable periods ending on or before 5th April 1968, in section 35(3) of the Finance Act 1966 (which specify certain grants the making of which in respect of any expenditure disentitles the grantee to investment allowances or initial allowances in respect of that expenditure) at the end of the paragraph (c) added by section 161(3) of the Act of 1968 there shall in each case be inserted the words

or (d) a grant made under section 3 of the Transport (London) Act 1969

.

PART II — The London Transport Executive

London Transport Executive

4

• (1) For the purpose of implementing the policies which it is the duty of the Council under section 1 of this Act to develop, there shall be constituted a public authority to be called the London Transport Executive who shall be a body corporate with perpetual succession and a common seal and shall consist of—

• (a) a chairman appointed by the Council; and

• (b) not less than four nor more than ten other members appointed by the Council after consultation with the chairman of the Executive.

• (2) The chairman and other members of the Executive shall be appointed by the Council from among persons who appear to the Council to have had wide experience of, and shown capacity in, transport, industrial, commercial or financial matters, administration, applied science, or the organisation of workers.

• (3) Before appointing a person to be a member of the Executive, the Council shall satisfy themselves that he will have no such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member of the Executive, and the Council shall also satisfy themselves from time to time with respect to every member of the Executive that he has no such interest; and any person who is, or whom the Council propose to appoint to be, a member of the Executive shall, whenever requested by the Council so to do, furnish to the Council such information as the Council consider necessary for the performance by the Council of their duties under this subsection.

• (4) The Executive—

• (a) shall pay to the members thereof such salaries or fees, and such allowances, as the Council may from time to time determine, and

• (b) as regards any of the members in whose case the Council determine that such provision should be made, shall pay such pensions to or in respect of those members, or enter into and carry into effect agreements or arrangements with some other person for securing or preserving such pension rights for those members, as the Council may determine ;

and if a person ceases to be a member of the Executive, otherwise than on the expiration of his term of office, and it appears to the Council that there are special circumstances which make it right that that person should receive compensation, the Council may require the Executive to pay to or in respect of that person a sum of such amount as the Council may determine.

• (5) Section 15 of the Local Government Superannuation Act 1953 (which enables local authorities to admit to their superannuation schemes employees of statutory undertakers) and section 6(1)(k) of this Act shall have effect as if members of the Executive were employees of the Executive; but where a member of the Executive is admitted to participate in the benefits of a superannuation fund maintained by a local authority or of a pension fund or scheme in which employees of the Executive or any subsidiary of theirs participate—

• (a) subsection (4)(b) of this section shall not apply to him; and

• (b) the Executive shall make any payments which are required to be made in respect of him to the superannuation fund by the employing authority or, as the case may be, to the pension fund or under the pension scheme by the employer, and may make from his remuneration any deductions which the employing authority or, as the case may be, the employer might make in respect of his contributions to that fund or under that scheme if he were an employee of the Executive.

• (6) So much of subsection (4) of this section as requires that the pensions, if any, which are to be paid in the case of members of the Executive are to be determined by the Council shall not apply in relation to any pension payable apart from the provisions of that subsection.

• (7) The provisions of Schedule 1 to this Act shall have effect as regards the Executive.

General duties of Executive and other bodies with respect to passenger transport services for Greater London

5

• (1) Subject always to the requirements of section 7(3) of this Act, it shall be the general duty of the Executive to exercise and perform their functions, in accordance with principles from time to time laid down or approved by the Council, in such manner as, in conjunction with the Railways Board and the Bus Company, and with due regard to efficiency, economy and safety of operation, to provide or secure the provision of such public passenger transport services as best meet the needs for the time being of Greater London.

• (2) It shall be the duty of the Executive, the Railways Board and the Bus Company, either acting directly, or acting indirectly through subsidiaries of theirs, to co-operate with one another in the exercise and performance of their respective functions for the purpose—

• (a) of co-ordinating the passenger transport services provided by, or by subsidiaries of, those authorities respectively ; and

• (b) of securing or facilitating the proper discharge of the Executive's duty under subsection (1) of this section,

and to afford to one another such information as to their services as may be reasonably required for those purposes; and for the purposes of such co-operation those authorities shall have power to enter into such arrangements with one another with respect to the exercise and performance of their respective functions on such terms as may appear to them to be expedient.

• (3) It shall be incumbent on the Executive to take such steps as appear to them to be practicable and desirable for promoting—

• (a) research on lines settled from time to time with the approval of the Council into matters affecting, or arising out of, the exercise of the functions of the Executive or any subsidiary of theirs ; and

• (b) the doing of such work as is requisite to enable there to be turned to account—

• (i) the results of any research into any such matter as aforesaid (whether or not promoted by the Executive); and

• (ii) anything resulting from any idea affecting, or arising out of, the exercise of any of those functions.

• (4) The Executive may take such steps as are referred to in subsection (3) of this section with respect to any matter either by themselves carrying out the necessary research or doing the necessary work or by arranging for that research to be carried out or that work to be done by some other person with or without assistance (including financial assistance) from the Executive; but nothing in this section shall authorise the Executive to do themselves, either directly or through a subsidiary, any work such as is mentioned in paragraph (b) of the said subsection (3) which the Executive would not have power to do apart from this section.

• (5) The Council may give directions to the Executive with respect to the exercise and performance of the Executive's functions under subsections (3) and (4) of this section.

• (6) Nothing in subsection (1), (2) or (3) of this section shall be construed as imposing, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which the Executive, the Railways Board or the Bus Company, as the case may be, would not otherwise be subject.

General powers of Executive

6

• (1) Subject to the provisions of this Act, the Executive shall have power—

• (a) to carry passengers by any form of land or water transport (including in either case hovercraft) within, to or from Greater London;

• (b) so far as the Executive consider requisite—

• (i) in connection with the exercise of their powers under paragraph (a) of this subsection, or

• (ii) in order to avoid an interruption of services formerly provided by the London Board,

to carry passengers as mentioned in the said paragraph (a) between places outside Greater London;

• (c) in any vehicle or vessel used for the carriage of passengers in pursuance of paragraph (a) or (b) of this subsection, or in another vehicle drawn by or with, or propelled with, any vehicle so used, to carry also luggage and other goods;

• (d) to let passenger vehicles on hire with or without other vehicles drawn by or with, or propelled with, those passenger vehicles for the carriage of goods ;

• (e) to store within Greater London or in any premises of the Executive outside Greater London goods which have been or are to be carried by the Executive or a subsidiary of theirs and, so far as any premises provided for the purposes of that or any other part of their business are not required for those purposes, to use them to provide facilities for the storage of other goods;

• (f) to make arrangements with any person providing passenger transport services by air for the provision of such services between places in Greater London or between such places and places outside Greater London, and to include in such arrangements provision for the making of payments to that person by the Executive;

• (g) to supply, maintain and repair anything required for the purposes of the business of, or of a subsidiary of, the Executive or any of the national transport authorities or for the purposes of the Council;

• (h) to supply to any person spare parts and components for passenger road vehicles disposed of by the Executive in the exercise of their powers under section 14(1)(e) of the Act of 1962 as applied by subsection (2) of this section, or by a subsidiary of the Executive, as being no longer required for the purposes of their business, and, for the purpose of supplying such spare parts or components which the Executive are satisfied cannot be satisfactorily obtained for the purpose by any other means, to manufacture them ;

• (i) subject to any directions by the Council, to construct, manufacture and produce anything which is required for any of the purposes of, or of a subsidiary of, the Executive or any of the national transport authorities or for the purposes of the Council;

• (j) subject to any directions by the Council, ait any place where the Executive, in the exercise of their powers under section 14(1)(d) of the Act of 1962 as applied by subsection (2) of this section, provide a car park, to repair motor vehicles for any persons, and to sell to any persons petrol, oil and spare parts and accessories for motor vehicles, whether or not those persons are using the car park ;

• (k) subject to any directions by the Council, to establish and administer pension schemes and pension funds in the interest of persons who are or have been employed by, or by a subsidiary of, the Executive or the London Board or by any other person of whom the Council are satisfied that the Executive are a successor in title, and to pay pensions to or in respect of such persons, or to enter into and carry into effect agreements or arrangements with any other person for securing or preserving pension rights for such persons ;

• (l) with the consent of the Council, to lend money to be applied for the purposes of a pension scheme under which the Executive or a subsidiary of theirs pay employer's contributions or are subject to any other obligations;

• (m) to do anything necessary for the purpose of fulfilling a contract entered into by the London Board before the vesting date notwithstanding that apart from this paragraph the Executive would not have power to do that thing;

but if the Executive engage, either directly or through a subsidiary, in any activities authorised by paragraph (d) or (j) of this subsection, the Executive shall in carrying on those activities act as if they were a company engaged in a commercial enterprise or, as the case may be, shall exercise their control over that subsidiary so as to ensure that the subsidiary in carrying on those activities acts as a company so engaged.

• (2) Subject to the provisions of this Act, the following provisions with respect to the powers of the Boards, namely—

• (a) section 11 of the Act of 1962 and section 49(1) to (3) of the Act of 1968 (which relate to the development of land);

• (b) section 12 of the Act of 1962 (which relates to pipelines) so far as it relates to the construction and operation of pipe-lines required for the purposes of the business of a Board other than the operation of pipelines ;

• (c) sections 14(1) to (4) and 16 of the Act of 1962 and section 50(7) to (9) of the Act of 1968 (which contain supplemental provisions relating to the powers of the Boards);

• (d) section 15 of the Act of 1962 (which relates to the power of the Minister to authorise the compulsory purchase of land by a Board);

• (e) section 17(1) and (2) of the Act of 1962 (which relate to powers to promote or oppose Bills and orders);

• (f) section 25(1) and (2) of the Act of 1962 and section 51(2) and (4) to (6) of the Act of 1968 (which relate to subsidiaries);

• (g) section 43 of the Act of 1962 and sections 50(10) and (so far as relating to the said section 43) 51(2) of the Act of 1968 (which contain general provisions as to charges and facilities of the Boards),

shall apply to the Executive as they applied, apart from any other provision of the Act of 1962 or of 1968, to the London Board and have effect accordingly as if the Executive were one of the Boards, except that in their application to the Executive those provisions other than section 15 of the Act of 1962 shall have effect as if for any reference to the Minister there were substituted a reference to the Council.

• (3) Subsection (1)(l) of this section and subsections (3) and (4) of section 14 of the Act of 1962 as applied by subsection (2) of this section shall not affect the power of the Executive—

• (a) to lend money by way of investment or to subscribe for or acquire securities by way of investment; or

• (b) to leave outstanding any loan made or guarantee given, or to retain any securities acquired, before the vesting date by the Commission or the London Board.

• (4) The Council, the Executive and any subsidiary of the Executive shall each have power to enter into and carry out agreements with one another for the giving of assistance to one another by making available to the assisted party any services or facilities provided by, or any property of, the assisting party on such terms as may be agreed between those parties; and in section 72(2) of the London Government Act 1963 (which sets out the authorities for whom the Council may purchase, store and supply goods) at the end there shall be added the following paragraph:—

(h) the London Transport Executive and any subsidiary within the meaning of the Transport (London) Act 1969 of that Executive.

• (5) Each of the powers conferred on the Executive by the foregoing provisions of this section shall be deemed to be in addition to, and not in derogation of, any other powers so conferred ; and it is hereby declared that those provisions relate only to the capacity of the Executive as a statutory corporation, and nothing in those provisions shall be construed as authorising the disregard by the Executive of any enactment or rule of law.

• (6) If at the vesting date any action has been taken by the London Board for the purpose of promoting a Bill in Parliament in pursuance of the powers conferred by, and with the consent of the Minister under, section 17 of the Act of 1962, the Executive may proceed with the promotion of that Bill as if that action had been taken by them in pursuance of the powers conferred by, and with the consent of the Council under, the said section 17 as applied by subsection (2) of this section.

Financial duty of Executive

7

• (1) In respect of each accounting period of the Executive, the Executive shall charge to revenue account, and secure that any subsidiary of theirs so charges, all charges which are proper to be made to revenue account, including, in particular, proper provision for the depreciation or renewal of assets.

• (2) Without prejudice to the power of the Executive to establish specific reserves, they shall establish and maintain a general reserve, and the Council may give to the Executive directions as to any matter relating to the establishment or management of that general reserve, or the carrying of sums to the credit thereof, or the application thereof; but no part of the moneys comprised in that general reserve shall be applied otherwise than for purposes of the Executive or a subsidiary of theirs.

• (3) The Executive shall so perform their functions as to ensure so far as practicable—

• (a) that at the end of each such period as may from time to time be agreed for the purpose of this paragraph between the Executive and the Council the aggregate of the net balance of the consolidated revenue account of the Executive and any subsidiaries of theirs and the net balance of the general reserve of the Executive is such (not being a deficit) as may be approved by the Council with respect to that period, and

• (b) that, if at the end of any accounting period of the Executive the said aggregate shows a deficit, the amount properly available to meet charges to revenue account of the Executive and their subsidiaries in the next following accounting period of the Executive exceeds those charges by at least the amount of that deficit.

• (4) The Executive may, with the consent of (the Council, make charges to capital account representing interest on expenditure of a capital nature (including expenditure of a capital nature incurred by the London Board before the vesting date), being interest for any period which ends on or before the end of the accounting period of the Executive in which the project or scheme to which the expenditure relates is in the opinion of the Council completed.

• (5) The Executive shall from time to time, at such times, in such form and manner, and as respects such periods, as the Minister may after consultation with the Council require, submit to the Minister a statement approved by the Council of the Executive's proposals for expenditure on capital account by the Executive and any subsidiaries of theirs ; and—

• (a) the Minister from time to time by notice in writing to the Executive may impose a limit on such expenditure by the Executive and their subsidiaries ; and

• (b) the Executive shall secure that any such expenditure is restricted within that limit.

• (6) The Council, in exercising or performing their functions under this Act, shall have regard—

• (a) to the duty imposed on the Executive by subsection (3) of this section ; and

• (b) to the provisions of subsection (5) of this section; and

• (c) to any limit on capital expenditure by the Executive and their subsidiaries imposed by the Minister under the said subsection (5);

and where the requirements of paragraph (b) of the said subsection (3) fall to be complied with by the Executive, the Council shall take such action in the exercise and performance of their functions under this Act as appears to the Council to be necessary and appropriate in order to enable the Executive to comply with those requirements.

• (7) For the purposes of subsections (1) and (3) of this section, the provisions of section 51(5) of the Act of 1968 shall be disregarded.

Borrowing by and loans to Executive

8

• (1) The Executive may borrow temporarily, by way of overdraft or otherwise, from any person such sums as they may require for meeting their obligations and discharging their functions; but the Executive shall ensure that the aggregate of the amount outstanding in respect of any temporary loans raised by the Executive under this subsection or raised by any subsidiary of the Executive does not at any time exceed such amount as the Council may for the time being have approved.

• (2) The Executive may, with the approval of the Council, borrow otherwise than by way of temporary loan from any person and in any manner such sums as the Executive may require for all or any of the following purposes, namely—

• (a) for meeting any expenses properly chargeable to capital, being expenses incurred in connection with the provision or improvement of assets in connection with their business;

• (b) for the provision of working capital;

• (c) for acquiring an undertaking or part of an undertaking;

• (d) for the making of any payment which they are required by or under this Act to make by way of compensation ;

• (e) for subscribing for or acquiring securities of a body corporate otherwise than by way of investment;

• (f) for the payment of interest charged to capital account under section 7(4) of this Act;

• (g) to pay off any debt incurred by the Executive or any liability (including the fulfilment of any guarantee given by the Commission or the London Board) assumed by or transferred to the Executive in pursuance of this Act;

• (h) for making any loan, or fulfilling any guarantee given, in pursuance of the powers conferred on the Executive by this Act;

• (j) for any purpose for which capital moneys are properly applicable, whether or not specified in the foregoing paragraphs of this subsection ;

and the Executive shall exercise their control over any subsidiary of theirs so as to ensure that the subsidiary does not borrow otherwise than by way of temporary loan from any person without the approval of the Council or for any purpose other than purposes of the subsidiary such as are specified in paragraphs (a) to (e) and (j) of this subsection or for paying off any debt incurred by the subsidiary.

• (3) The approval of the Council to a borrowing by the Executive under subsection (1) or (2) of this section from a person other than the Council shall operate as a guarantee by the Council of the repayment of the principal of, and the payment of interest on, the sum borrowed.

• (4) In Schedule 2 to the London Government Act 1963, in sub-paragraph (2) of paragraph 27 (which specifies the classes of persons to whom the Council may make loans under that paragraph) after paragraph (b) there shall be inserted the following paragraph:—

(bb) the London Transport Executive

;

and notwithstanding anything in paragraphs 25 to 29 of that Schedule the Council shall have power to lend to the Executive any amount which the Executive desire to borrow under subsection (1) of this section and for that purpose may themselves borrow temporarily, by way of overdraft or otherwise, from any person such sums as they may require so to lend to the Executive.

• (5) Any loan by the Council to the Executive shall be made at a rate of interest sufficient to ensure so far as reasonably practicable that having regard to all the circumstances existing at the time when the loan to the Executive is made no loss will be incurred by the Council in respect of that loan.

• (6) All moneys borrowed by the Executive shall be charged indifferently on all their revenues, and all securities created by the Executive shall rank equally without any priority; but nothing in this subsection shall affect any right to priority conferred by a security for any liability assumed by or transferred to the Executive in pursuance of this Act.

• (7) The provisions of this section shall have effect subject to any order made under section 1 of the Borrowing (Control and Guarantees) Act 1946, and for the purposes of that Act and any such order the Executive shall be deemed to be a local authority within the meaning of that Act.

• (8) The Executive shall be deemed to be a local authority for the purposes of—

• (a) the enactments relating to loans by or borrowing from the Public Works Loan Commissioners; and

• (b) section 203 of the Local Government Act 1933 and section 278 of the Local Government (Scotland) Act 1947 (which relieve lenders from making certain inquiries);

and the Minister may, on the application of the Executive made with the approval of the Council, by order provide for the application with or without modifications to borrowing by the Executive of any specified statutory provision relating to borrowing by a local authority.

• (9) References in this section to borrowing do not include—

• (a) borrowing by the Executive from a subsidiary of theirs ; or

• (b) the receipt of money by the Executive in the course of the carrying on of a savings bank operated by the Executive or the use by the Executive of money so received; or

• (c) the receipt or use by the Executive of money of a pension fund established for the purposes of a pension scheme in which employees of the Executive or a subsidiary of theirs participate.

Provisions as to insurance by Executive

9

• (1) Section 130 of the Local Government Act 1948 (which relates to insurance by local authorities against accidents to members) shall apply to the Executive as it applies to a local authority.

• (2) In subsection (2) of section 202 of the Act of 1960 (which specifies certain vehicles to which the requirements of section 201 of that Act as to users of motor vehicles being insured or secured against third-party risks are not to apply) at the end there shall be added the following paragraph:—

(e) to a vehicle owned by the London Transport Executive or by a body which is within the meaning of the Transport (London) Act 1969 (but disregarding section 51(5) of the Transport Act 1968) a wholly-owned subsidiary of that Executive, at a time when the vehicle is being driven under the owner's control.

Accounts of Executive

10

• (1) The Executive shall—

• (a) cause proper accounts and other records in relation to their business to be kept; and

• (b) prepare an annual statement of accounts in respect of such accounting period, in such form, and containing such particulars, compiled in such manner, as the Council may from time to time direct.

• (2) The accounts of the Executive shall be audited by an auditor or auditors to be appointed annually by the Council, and any person so appointed as auditor shall be either the district auditor or some other person who is a member, or is a firm in Scotland each of the partners wherein is a member, of one or more of the following bodies namely—

• the Institute of Chartered Accountants in England and Wales;

• the Institute of Chartered Accountants of Scotland ;

• the Association of Certified and Corporate Accountants ;

• the Institute of Chartered Accountants in Ireland ;

• the Institute of Municipal Treasurers and Accountants ;

• any other body established in the United Kingdom who are— a body of accountants, and for the time being recognised for the purposes of section 161(1)(a) of the Companies Act 1948 by the Board of Trade ;

and any auditor so appointed shall be entitled to require from any officer of the Executive or of any subsidiary of theirs such books, deeds, contracts, accounts, vouchers, receipts and other documents, and such information and explanations, as may be necessary for the performance of his duties.

Additional provisions as to control of Executive by Council

11

• (1) In addition to any power of the Council under any other provision of this Act to give directions to the Executive as respects any matter, the Council may give to the Executive general directions as to the exercise and performance by the Executive of their functions (including the exercise of rights conferred by the holding of interests in companies) in relation to matters appearing to the Council to affect the policies and measures which it is the duty of the Council under section 1 of this Act to develop, organise or carry out.

• (2) Without prejudice to any requirement as to the approval or consent of the Council in any other provision contained in or applied by this Act, the Executive shall submit to the Council and obtain the Council's approval of—

• (a) such annual or other estimates of income or expenditure of the Executive and any subsidiaries of theirs as the Council may require to be so submitted;

• (b) any major change proposed to be made in any of those estimates after their approval by the Council;

• (c) any proposal for expenditure by the Executive or any subsidiary of theirs which involves a substantial outlay on capital account;

• (d) the general level and structure of the fares to be charged for the time being for the carriage of passengers by the Executive or any subsidiary of theirs on railway services or London bus services ;

• (e) any proposal by the Executive to form, promote or assist, or to join with any other person in forming, promoting or assisting, a company for carrying on any activities which the Executive have power to carry on.

• (3) Unless the Council are of opinion that in all the circumstances it is unnecessary so to do, they shall cause particulars of the general level and structure of the fares referred to in subsection (2)(d) of this section as for the time being approved by the Council to be published in such manner as the Council may determine, and the Executive shall comply with any directions of the Council as to that publication; and the Council may direct the Executive to submit proposals for an alteration in the Executive's fare arrangements to achieve any object of general policy specified by the Council in the direction.

• (4) The Executive shall provide the Council at such times or intervals and in such form and manner as the Council may require with information with respect to the operations and the expenditure on capital and revenue account respectively which are planned or under consideration by the Executive, and shall furnish the Council with such returns, accounts and other information with respect to the property and activities of the Executive or any subsidiary of theirs as the Council may from time to time require.

• (5) In connection with the discharge of their functions under subsections (2)(d) and (3) of this section with respect to fares for the carriage of passengers by the Executive's railways, the Council—

• (a) shall in each year consult with the council of any county within which any of those railways are situated as to the general level and structure of such fares on journeys within, to or from that county ; and

• (b) before approving any proposal for a change of substance in that general level and structure submitted to them for that purpose by the Executive shall inform the council of that county of that proposal and consider any offer by that council to make a financial contribution to the Executive in respect of the provision of services for the carriage of passengers by the Executive's railways within, to or from that county ;

and the Council shall so exercise their powers under subsection (4) of this section as to enable them to inform the council of that county in advance of any proposal by the Executive for a change of substance in the level of the provision made for such journeys.

• (6) The Council may from time to time cause a review to be made of the organisation of the Executive's undertaking and may give to the Executive such directions as appear to the Council from any such review to be requisite to secure that the Executive's undertaking is organised in the most efficient manner; and the Executive shall not make, or permit to be made, any substantial change in the manner in which their undertaking is organised except in pursuance of a direction given by the Council under this subsection or with the approval of the Council.

Minister's power to prevent improper conduct of subsidiary activities

12

• (1) Where the activities of the Executive or any subsidiary of theirs include the carrying on—

• (a) of the business of providing services for the carriage of passengers by road which both do not, and if section 23(2)(a) of this Act had not been passed would not, require authorisation by a road service licence; or

• (b) of any business of a description which the Executive are authorised to carry on by section 6(1)(i) of this Act,

subsection (2) of this section shall apply to that business.

• (2) In the case of any business to which this subsection applies the annual report of the Executive under section 15 of this Act for any accounting period shall include a statement of—

• (a) the amount, as determined by the Executive, of the turnover of the Executive or subsidiary for that period in respect of that business;

• (b) the extent or approximate extent (expressed in either case in monetary terms) to which, as so determined, the carrying on of that business contributed to, or restricted, the profit or loss of the Executive or subsidiary for that period before taxation;

• (c) the method by which any determination for the purposes of paragraph (a) or (b) of this subsection was arrived at; and

• (d) such further information, if any, relating to the carrying on by the Executive or subsidiary of that business as the Minister may from time to time direct.

• (3) If, where the Executive or any subsidiary of theirs carry on any business to which subsection (2) of this section applies, it appears at any time to the Minister that, having regard to all the circumstances appearing to the Minister to be relevant, the charges made by the Executive or subsidiary in the course of that business are unduly low having regard to the cost of carrying on that business, the Minister shall, after consultation with the Council and with the Executive, either—

• (a) direct the Executive to make, or, as the case may be, to ensure that the subsidiary makes, such modifications in their or its method of conducting that business as may be specified in the direction ; or

• (b) direct the Executive to discontinue, or, as the case may be, to ensure that the subsidiary discontinues, that business.

• (4) The Minister may by order provide that subsection (2) of this section shall apply with or without modifications of that subsection and subsection (3) of this section—

• (a) to any specified business carried on by the Executive or a subsidiary of theirs, being business of a description which the Executive are authorised by section 6(1)(d), (g), (h) or (j) of this Act to carry on; or

• (b) to any other specified business of the Executive or any subsidiary of theirs, being business which appears to the Minister to be of a character only subsidiary or incidental to the discharge of the Executive's duty under section 5(1) of this Act and to be carried on on a substantial scale.

• (5) The Executive shall secure that no subsidiary of theirs carries on any business with respect to which the Minister has given the Executive a direction under subsection (3)(b) of this section.

Machinery for negotiation and consultation with staff

13

Section 137 of the Act of 1968 (which relates to machinery for negotiation and consultation with staff) shall apply to the Executive as if they were the Executive for a designated area within the meaning of section 9(1) of that Act and as if the Council were the Authority for that designated area, except that a copy of any such agreement as is referred to in subsection (2) of the said section 137 entered into by the Executive and of any instrument varying the terms of any such agreement shall be sent to the Secretary of State for Employment and Productivity as well as to the Council.

Users' consultative body

14

• (1) As soon as may be after the vesting date, the Council shall establish a consultative body for the purpose of considering, and, where it appears to that body to be desirable, making recommendations with respect to, any matter affecting the services and facilities provided by the Executive which, not being concerned with the charges made for any service or facility or with a proposal for such a closure as is referred to in section 25(1) of this Act of a station or line on their railways—

• (a) has been the subject of representations (other than representations appearing to that body to be frivolous) made to that body by or on behalf of users of those services or facilities ; or

• (b) has been referred to that body by the Council or by the Executive; or

• (c) appears to that body to be a matter to which consideration ought to be given ;

and copies of the minutes, conclusions and recommendations of that body shall be sent to the Council and to the Executive.

• (2) Before the Council appoint any person to be a member of the body aforesaid they shall consult with such as they consider appropriate of any bodies appearing to them to be representative of the interests of persons likely to be significantly concerned with matters within the competence of the body aforesaid.

• (3) The Council may give to the Executive any directions which, after consultation with the Executive and having regard to the provisions of section 7(6) of this Act, the Council think fit with respect to the matters dealt with in any recommendation of the body aforesaid.

• (4) The Council shall provide the body aforesaid with such officers and servants, and such office accommodation, as appear to the Council to be requisite for the proper discharge of that body's functions.

• (5) The Council may pay to the members of the body aforesaid such allowances as the Council may determine, being allowances of such description and not exceeding such amount as might have been paid by that body if that body had been a body to which Part VI of the Local Government Act 1948 applies.

Annual report by Executive

15

• (1) The Executive shall as soon as may be after the end of each of their accounting periods make to the Council a report on the exercise and performance of the Executive's functions during that period and shall send a copy of that report to the Minister; and the Council shall cause that report to be published in such manner as the Council think fit.

• (2) In addition to including the statement required by section 12(2) of this Act, the report of the Executive for any accounting period shall also set out—

• (a) the statement of accounts for that period referred to in section 10(1)(b) of this Act, together with the report on that statement made by the auditor or auditors by whom the Executive's accounts for that period were audited; and

• (b) any direction given in pursuance of this Act to the Executive during that period by the Council or by the Minister.

PART III — Transfers of Property, Rights, Liabilities and Functions

Transfer of property etc. of London Board

16

• (1) Subject to the provisions of this Act, on the appointed day for the purposes of this section (in this Act referred to as " the vesting date") all property, rights and liabilities of the London Board shall be transferred to, and by virtue of this Act vest in, the Executive.

• (2) In the case of the following property, rights and liabilities of the London Board, that is to say—

• (a) property which immediately before the vesting date was used or appropriated for use for the purposes of the part of the Board's undertaking commonly known as country buses and coaches and not for any other purposes of the Board ;

• (b) property situated outside Greater London which immediately before that date was provided for the convenience or information both of passengers on road services forming part of the activities of the said part of the Board's undertaking and of passengers on other road services of the Board ;

• (c) rights and liabilities subsisting immediately before that date for the purposes of the activities of the said part of the Board's undertaking,

subsection (1) of this section shall not apply but, subject to the provisions of this Act, the property, rights and liabilities in question shall on the vesting date be transferred to, and by virtue of this Act vest in, such company, being a wholly-owned subsidiary of the Bus Company, as the Bus Company may by notice published in the London Gazette designate for the purpose (hereafter in this Act referred to as " the designated company ").

• (3) Schedule 2 to this Act shall apply to any transfer under this section, and subsections (1) and (2) of this section shall have effect subject to the provisions of that Schedule.

Disposal of London Board's statutory functions

17

• (1) As from the vesting date the statutory provisions referred to in Schedule 3 to this Act shall have effect in accordance with the provisions of that Schedule.

• (2) Subject to the said Schedule 3 and to any other provision in this Act, as from the vesting date the functions of the London Board under any statutory provision other than the Act of 1962, the Act of 1968 and this Act, including any such provision passed or made between the passing of this Act and the vesting date, shall be transferred in accordance with the subsequent provisions of this section.

• (3) If and so far as the statutory provision—

• (a) relates to that part of the London Board's undertaking, or to property, transferred by this Act to the Executive or, as the case may be, to the designated company ; or

• (b) authorises the carrying out of works designed to be used in connection with the part of the London Board's undertaking so transferred or the acquisition of land for the purpose of carrying out such works,

the functions of the London Board under that statutory provision shall be transferred to the Executive or, as the case may be, to the designated company.

• (4) If the statutory provision authorises the London Board to appoint, nominate, or concur in or approve the appointment or nomination of, a member of some body or the holder of some other office—

• (a) this Act shall not affect the tenure of office of any person appointed or nominated under that statutory provision before the vesting date; and

• (b) subject to paragraph (a) of this subsection, the functions of the London Board under that statutory provision shall be transferred to the Executive, or to the designated company, or to both the Executive and the designated company acting either jointly or separately, as the Minister may by order direct.

• (5) Subject to the foregoing provisions of this section, the functions of the London Board under any such statutory provision as is mentioned in subsection (2) of this section shall be transferred to the Executive.

Provisions as to pensions functions

18

• (1) Subject to subsection (3) of this section, the provisions of subsections (2) to (9) of section 74 of the Act of 1962 (which relate to the Minister's power to make orders about pensions) shall have effect as if—

• (a) the expression " Board " included the Executive; and

• (b) the references in subsection (1)(a)(ii) of that section to the Commission included references to the London Board; and

• (c) the reference in subsection (2)(a) of that section to a pension scheme in which employees of the Commission or a subsidiary of the Commission participated before the date there mentioned included a reference to a pension scheme in which employees of, or of a subsidiary of, the London Board participated before the vesting date.

• (2) The Minister shall by order under the said section 74 as applied by subsection (1) of this section provide for the rights, liabilities and functions of the London Board relating to pensions or pension schemes, and any property held by that Board on trust for a pension scheme, to be divided between the Executive and the designated company, and on the vesting date transferred to them respectively, in such manner as he considers appropriate; and—

• (a) that order may apply to the transfer under the order such of the provisions of Schedule 2 to this Act subject to such modifications as the Minister may consider appropriate; and

• (b) save as may be provided by that order, the provisions of sections 16 and 17 of this Act shall not apply in relation to the property, rights, liabilities or functions to which the order relates.

• (3) Nothing in the provisions of the said section 74 as applied by subsection (1) of this section shall prejudice the powers conferred on the Executive by section 6(1)(k) of this Act, and the powers conferred on the Minister by the said section 74—

• (a) except on the application of the Executive made with the approval of the Council—

• (i) shall not be exercisable in relation to any pension scheme established in pursuance of the powers conferred on the Executive as aforesaid; or

• (ii) in the case of any Executive-transferred scheme which is a London transport scheme, shall not be exercisable in relation to participants in that scheme who are or have been employees of, or of a subsidiary of, the Executive; and

• (b) except as aforesaid, and except where the Minister is satisfied that the exercise proposed of those powers will not result in any increase in the obligations or liabilities of the Executive, shall not be exercisable in the case of any other Executive-transferred scheme in relation to participants in that scheme who are or have been such employees as aforesaid ;

and nothing in, or in any order made under, the said section 74 as applied as aforesaid shall require the consent or approval of the Minister to any action by the Executive with respect to such only of the participants in any pension scheme as are or have been such employees as aforesaid.

In this subsection, the expression " Executive-transferred scheme " means a pension scheme in connection with which rights, liabilities and functions of, or property held by, the London Board have been transferred to the Executive under subsection (2) of this section, and the expression "London transport scheme " means a pension scheme specified in Part 2 of the Schedule to the British Transport Reorganisation (Pensions of Employees) (No. 3) Order 1962, or established by or for the former London Transport Executive set up under the Transport Act 1947 or by or for the London Board.

• (4) Any person who—

• (a) on or before the vesting date, ceases to be employed by one, and becomes employed by another, of the following bodies, namely, the London Board, the Executive, any of the national transport authorities and any subsidiary of that Board, the Executive or any of those authorities ; or

• (b) on the transfer date for the purposes of any transfer under section 21(3) or 22(2) of this Act is employed by a company which immediately before that date was a subsidiary of one body but on that date becomes a Part III subsidiary of another body,

shall not in consequence cease to be eligible to participate in any pension scheme in which he was a participant immediately before so ceasing to be employed or, as the case may be, immediately before that transfer date.

• (5) In the application of subsection (3) or (4) of this section to a pension scheme the benefits under which are or will be receivable as of right, persons who have obtained pension rights under the scheme without having contributed under the scheme shall be regarded as participants in the scheme; and the reference in the said subsection (4) to being eligible to participate in a pension scheme shall be construed accordingly.

• (6) Subsections (4) and (5) of this section shall have effect subject to any order under the said section 74 made by virtue of subsection (1) of this section, being an order taking effect on or at any time after the vesting date.

Transfer or extinguishment of London Board's debts to Minister and power to make deficit grants to Board

19

• (1) On the vesting date—

• (a) there shall be extinguished—

• (i) the commencing capital debt of the London Board under section 39 of the Act of 1962 ; and

• (ii) the liability of the London Board in respect of the principal of all sums lent to that Board by the Minister under section 20 of that Act;

• (b) the Council shall assume a debt due to the Minister (hereafter in this section referred to as the Council's " transferred capital debt") on such terms as may be imposed by the Minister under subsection (3) of this section;

• (c) the Executive shall assume a debt due to the Council (hereafter in this section referred to as the Executive's " commencing capital debt") of an amount equal to the Council's transferred capital debt on the terms described in subsection (7) of this section; and

• (d) the commencing capital debt of the Bus Company under Schedule 2 to the Act of 1968 shall be increased in accordance with the provisions of this section.

• (2) The amount of the Council's transferred capital debt and of the increase of the Bus Company's commencing capital debt taken together shall be equal to one-tenth of the aggregate amount extinguished under subsection (1)(a) of this section; and the respective amounts of that debt and that increase shall be equal to such proportions respectively of the amount of that one-tenth as the Minister may by order prescribe having regard to the manner in which the property, rights and liabilities of the London Board to which section 16 of this Act applies are divided under that section between the Executive and the designated company.

• (3) Subject to subsection (4) of this section, the rate of interest payable on the transferred capital debt of the Council, the time when the principal is to be paid off and the other terms of the debt shall be such as the Minister may with the approval of the Treasury from time to time direct; and—

• (a) any sums received by the Minister by way of interest on, or repayment of, that debt shall be paid into the National Loans Fund ; and

• (b) in section 44(1) of the Act of 1968 (which requires an account by the Minister of the receipt and disposal of certain sums) at the end there shall be added the following paragraph:—

(c) any sums which, being received by the Minister by way of interest on, or the repayment of, the transferred capital debt of the Greater London Council under section 19 of the Transport (London) Act 1969, are required by subsection (3)(a) of that section to be paid by the Minister into the National Loans Fund.

• (4) For the purposes of any period between the vesting date and the date of the making of the order under subsection (2) of this section the Minister may estimate what the transferred capital debt of the Council and the increase in the commencing capital debt of the Bus Company are likely to be and require the Council and the Bus Company to make to him provisional payments by way of interest on the appropriate estimated amount; and those provisional payments shall be on account of the payments of interest becoming due—

• (a) in the case of the Council, under subsection (3) of this section;

• (b) in the case of the Bus Company, under section 39(6) of the Act of 1962 as applied by paragraph 1 of Schedule 2 to the Act of 1968.

• (5) The Minister may from time to time, but not later than the expiration of the period of five years beginning with the vesting date, by order vary the amounts prescribed under subsection (2) of this section where that appears to him expedient to take account of any adjustments in pursuance of provisions of this Act in the property, rights and liabilities of the London Board transferred respectively to the Executive and to the designated company, and any such order may contain such transitional provisions as appear to the Minister expedient to take account of any interest underpaid or overpaid on the transferred capital debt of the Council or, as the case may be, on the commencing capital debt of the Bus Company.

• (6) The Minister's power to make an order under subsection (2) or (5) of this section shall be subject to the approval of the Treasury; and any such order shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament.

• (7) In the case of the commencing capital debt of the Executive, the rate of interest payable, the time when the principal is to be paid off, and the other terms of that debt, shall be the same (subject to the necessary adaptations) as those for the time being applicable under subsection (3) of this section in the case of the transferred capital debt of the Council; and—

• (a) if any variation is made by an order under subsection (5) of this section in the transferred capital debt of the Council, the like variation shall be made in the commencing capital debt of the Executive and the Council may by directions to the Executive make such transitional provision as appears to the Council expedient to take account of any interest underpaid or overpaid on the commencing capital debt of the Executive;

• (b) for the purposes of the period referred to in subsection (4) of this section the Council may require the Executive to make to them provisional payments of the like amount as are required to be made by the Council to the Minister and those provisional payments shall be on account of the payments of interest becoming due under this subsection.

• (8) The Minister may, with the approval of the Treasury, make grants to the London Board or, after the vesting date, to the Executive to meet any deficit arising on the revenue account of the London Board in respect of the period beginning with 1st January 1969 and ending with the vesting date.

Power of Council to direct preparation of proposals for transfers of functions etc.

20

• (1) Subject to subsection (2) of this section, the Council may direct the Executive to prepare and submit to the Council proposals for arrangements whereby—

• (a) specified transport services or facilities for the time being provided by, or by a subsidiary of, the Executive will instead be provided by some other person or will be discontinued; or

• (b) specified transport services or facilities which the Executive have power to provide but which are for the time being provided by some person other than the Executive or a subsidiary of theirs will instead be provided by, or by a subsidiary of, the Executive;

and, subject to any directions of the Council, any such proposals may include arrangements agreed between the Executive, any subsidiary of theirs and the other person concerned for the transfer between the Executive or that subsidiary and that other person of property, rights and liabilities; and on receiving any such proposals, the Council may direct the Executive to give effect to those proposals either without modification or with such modifications as may be specified by the Council, or not to proceed with the proposals, as the Council may think fit.

• (2) The Council shall give to the Minister not less than eight weeks notice of their intention to give any direction to the Executive under subsection (1) of this section and shall furnish the Minister with all such information appearing to him to be relevant in connection with the direction as he may require; and if it appears to the Minister that the implementation of arrangements such as are required by the direction to be proposed or, as the case may be, the giving of effect to the proposals in accordance with the direction would be likely to result in the Executive and their subsidiaries ceasing to be the main providers, apart from the Railways Board, the Bus Company and their subsidiaries, of the passenger transport services required to meet the needs of Greater London, he may at any time before the expiry of that notice direct the Council to modify their proposed direction to the Executive in such manner as the Minister may specify, or not to proceed with the giving of their direction to the Executive, as the Minister may think fit.

Schemes for transfers between Executive and Railways Board or Bus Company

21

• (1) Subject to subsection (2) of this section, the Executive and the Railways Board, or the Executive and the Bus Company, acting jointly, may as occasion seems to them to require it make schemes for the transfer from one to another of the Executive, that Board or, as the case may be, that Company, and any wholly-owned subsidiary of the Executive or that Board or, as the case may be, Company of any specified property, rights and liabilities, or of all property, rights and liabilities comprised in a specified part of the transferor's undertaking ; and any such scheme may contain such supplementary, incidental and consequential provision as may appear to the Executive and the Railways Board or, as the case may be, to the Executive and the Bus Company to be necessary or expedient.

• (2) A scheme under this section shall not come into force unless it has been approved by the Minister after consultation with the Council or until such date as the Minister may in giving his approval specify; and the Minister may approve a scheme either without modification or with such modification as, after consultation with the Council, with the Executive and with the Railways Board or, as the case may be, the Bus Company, he thinks fit; but, without prejudice to his powers under section 22 of this Act, the Minister shall not approve any such scheme which makes provision for a transfer of any property, rights or liabilities which it appears to him would materially prejudice the proper discharge by the Executive, the Railways Board or the Bus Company of their respective functions.

• (3) Subject to subsection (4) of this section, the property, rights and liabilities to which any such scheme relates shall on the date of the coming into force of the scheme be transferred, and by virtue of the scheme vest, in accordance with the scheme.

• (4) Schedule 4 to the Act of 1968 shall apply (to any transfer under subsection (3) of this section subject to any reference in that Schedule to a vesting by virtue of that Act being construed as a reference to a vesting by virtue of the scheme in question, and as if any other reference in that Schedule to that Act (otherwise than in a reference to a particular provision of that Act) were a reference to this Act; and that subsection shall have effect subject to the provisions of that Schedule.

Orders by Minister for transfers between Executive and Railways Board or Bus Company

22

• (1) Subject to subsection (4) of this section, the Minister may by order—

• (a) transfer from one to another of the Executive and their wholly-owned subsidiaries, or from, or from a wholly-owned subsidiary of, one to, or to such a subsidiary of, the other of—

• (i) the Executive and the Railways Board ; or

• (ii) the Executive and the Bus Company,

any functions of, or of that subsidiary of, the Executive, that Board or that Company, as the case may be, being functions in connection with the carriage of passengers, and for that purpose amend any of the enactments relating to those functions ;

• (b) make any such provision with respect to, or to any wholly-owned subsidiary of, the authority or either of the authorities in question as is mentioned in section 21(1) of this Act,

and any such order shall make provision for the protection of the interests of persons transferred by or under the order from one employment to another and may contain such supplementary, incidental and consequential provision as may appear to the Minister to be necessary or expedient.

• (2) Subject to subsection (3) of this section, in the case of an order under subsection (1) of this section making such provision as is mentioned in section 21(1) of this Act, the property, rights and liabilities in question shall on such date as may be appointed for the purpose by the order be transferred, and by virtue of this Act vest, in accordance with the order.

• (3) Schedule 4 to the Act of 1968 shall apply to any transfer under subsection (2) of this section and shall so apply as if for any reference in that Schedule to that Act (otherwise than in a reference to a particular provision of that Act) there were substituted a reference to this Act, and that subsection shall have effect subject to the provisions of that Schedule.

• (4) The power to make orders under this section shall not be exercisable so as to cause all or substantially all of the functions of the Executive to become functions of, or of wholly-owned subsidiaries of, the Railways Board and the Bus Company ; and before making any order under this section the Minister shall consult with the Council, the Executive, the Railways Board or, as the case may be, the Bus Company, and such other persons, if any, as the Minister may think fit, and lay a draft of the proposed order before each House of Parliament; and the order shall not be made unless that draft has been approved by resolution of each House of Parliament.

PART IV — Public Service Vehicles, Railway Closures and Passenger Transport Charges

Regulation of services by public service vehicles in and around London

23

• (1) As from the vesting date, any enactment passed before this Act which makes special provision as to the regulation of services by public service vehicles in the London Passenger Transport Area or the London Special Area shall cease to have effect; and, subject to the provisions of this section and Schedule 4 to this Act, Part III of the Act of 1960 shall have effect accordingly within as well as outside the limits of those areas.

• (2) As from the vesting date, no person other than the Executive or a subsidiary of theirs shall provide a London bus service except in pursuance of an agreement with the Executive or under a consent continued in force or granted under Schedule 4 to this Act, and notwithstanding anything in Part III of the Act of 1960—

• (a) no road service licence shall be required for the provision of any bus service operated wholly as a London bus service; and

• (b) where such a licence is granted in respect of a bus service operated in part only as a London bus service, no condition shall be attached to the licence with respect to the carriage of passengers who are both taken up and set down in Greater London ;

and any such licence in force immediately before the vesting date, if or so far as that licence relates to the operation of a London bus service, and any condition attached to such a licence, if or so far as that condition relates to the carriage of passengers who are both taken up and set down in Greater London, shall cease to have effect.

• (3) Where it is proposed—

• (a) to provide a bus service which is to be operated wholly or in part as a London bus service and which has not been provided continuously since immediately before the vesting date, whether the proposed service is to be provided by, or by a subsidiary of, the Executive or by some other person in pursuance of an agreement under subsection (2) of this section ; or

• (b) to vary a bus service which is being, and has at all times since before the vesting date been, operated as aforesaid,

then, before deciding on, or on the provisions to be contained in such an agreement with respect to, or on any variation affecting, the route of that service or a terminal point, point at which passengers may or may not be taken up or set down, or place at which, or street by the use of which, vehicles used for that service may turn at a terminal point, the Executive shall, so far as the service is or is to be provided in Greater London, consult with the Council, with the commissioner or commissioners of police concerned, with any of the councils of the London boroughs or the Common Council within whose area that route, point, place or street is situated, and with any other person whom it appears proper to the Executive for them to consult.

• (4) Where any agreement under subsection (2) of this section relates to a bus service part only of which is operated as a London bus service, any provision contained in that agreement with respect to the carriage of passengers other than those who are both taken up and set down in Greater London shall be of no effect if or so far as it is inconsistent with any condition for the time being attached to any road service licence under which the bus service is provided.

• (5) If any person provides a bus service in contravention of subsection (2) of this section, he shall be liable on summary conviction to a fine not exceeding £200 ; but proceedings for an offence under this subsection shall not be instituted except by or on behalf of the Director of Public Prosecutions, or by or with the authority of the Executive or a commissioner of police.

• (6) Section 21 of the Act of 1968 (which contains provisions as to the functions of traffic commissioners in connection with designated areas within the meaning of section 9(1) of that Act) shall have effect as if, except for the purposes of subsection (1)(b) of that section, Greater London were such a designated area and the Executive were the Executive for that designated area and as if—

• (a) the reference in subsection (4) of the said section 21 to an agreement made for the purposes of section 19(2) of that Act included a reference to an agreement under subsection (2) of this section; and

• (b) the reference in subsection (5)(a)(iii) of the said section 21 to Schedule 6 to that Act included a reference to Schedule 4 to this Act;

and subsections (2) and (3) of the said section 21 (which relate to disputes as to whether a service is or is not an excursion or tour) shall have effect for the purposes of this section as if references therein to an excursion or tour included references to an express feeder service.

• (7) In this section and Schedule 4 to this Act—

• " bus service " means a service for the carriage of passengers by road for which a road service licence is required, or would but for subsection (2)(a) of this section be required, other than an excursion or tour within the meaning of the Act of 1968 ;

• " commissioner of police " means, in relation to the metropolitan police district, the Commissioner of Police of the Metropolis and, in relation to the City of London, the Commissioner of Police for the City of London;

• " express feeder service " means, subject to section 21(2) and (3) of the Act of 1968 as applied by subsection (6) of this section, a bus service— for the carriage of passengers to a terminal point in Greater London for the purpose of enabling those passengers to transfer to another vehicle forming part of a service of express carriages proceeding from that terminal point to a place outside Greater London, or for the carriage from a terminal point in Greater London of passengers who have transferred at that terminal point from another vehicle forming part of a service of express carriages proceeding to that terminal point from a place outside Greater London, and in either case whether or not the terminal point, other vehicle or service of express carriages in question is the same in the case of all those passengers; and in the case of which the following conditions are satisfied, that is to say— that no separate fare is charged for the conveyance to or from the terminal point; and that the vehicle in which the passengers are carried is operated by or in association with the person providing the service of express carriages and is being used solely for the purpose of carrying passengers to and from the terminal point of that service ;

• " London bus service " means a bus service which is, or so far as it is, a service on which passengers may be taken up and set down at different places within Greater London, whether or not any passengers on that service may also be taken up or set down outside Greater London, but does not include an express feeder service ;

• " road service licence " has the same meaning as for the purposes of the Act of 1960 and includes a permit granted under section 30 of the Act of 1968.

Amendments as to functions of traffic commissioners in Metropolitan Traffic Area

24

• (1) The provisions of the Act of 1960 with respect to traffic commissioners for traffic areas other than the Metropolitan Traffic Area shall apply also to the Metropolitan Traffic Area; and accordingly section 122 of that Act (which provides for a single traffic commissioner for the Metropolitan Traffic Area) shall cease to have effect.

• (2) Without prejudice to section 163 of the Act of 1960, section 120(1) of that Act shall not by reason of subsection (1) of this section operate to confer on the traffic commissioners for the Metropolitan Traffic Area powers and duties as regards licences to drive, or act as conductor of, public service vehicles.

• (3) In its application to the traffic commissioners for the Metropolitan Traffic Area, section 121(4) of the Act of 1960 shall have effect as if—

• (a) Greater London were a county and the Council were the council of that county ; and

• (b) the City of London were a borough and the Common Council were the council of that borough.

• (4) In the Act of 1960—

• (a) in section 135(2) (which relates to the councils whose representations must be taken into consideration by traffic commissioners in granting or refusing a road service licence) after the word " by " in the last place where it occurs there shall be inserted the words " any of the following councils, namely, the Greater London Council, the council of any London borough, the Common Council of the City of London ";

• (b) in section 135(7) (which relates to the persons to whom notice of a grant of a road service licence must be sent) for the words " the council of every " there shall be substituted the words " each of the following councils, namely, the Greater London Council, the council of any London borough, the Common Council of the City of London, the council of any " and for the word " every " in the last place where it occurs there shall be substituted the word " any ";

• (c) in sections 135(8) and 163(1), for the words " traffic commissioner " wherever they occur there shall be substituted the words " traffic commissioners ";

• (d) in section 143(2)(a) (which relates to the persons who may appeal against a refusal of the traffic commissioners to vary the conditions attached to a road service licence) at the beginning there shall be inserted the words " the Greater London Council, the council of any London borough, the Common Council of the City of London ".

• (5) Any reference in any statutory provision passed or made before the coming into force of this section to the traffic commissioner for the Metropolitan Traffic Area shall be construed as a reference to the traffic commissioners for that area, or to the chairman of those commissioners, as the context may require.

• (6) The person who on the appointed day for the purposes of this section is the traffic commissioner for the Metropolitan Traffic Area shall be deemed to have been appointed on that day under section 121 of the Act of 1960 as chairman of the traffic commissioners for that area and until the other two traffic commissioners for that area have been appointed under subsection (4) of that section may act alone for the purposes of the discharge of any functions of the traffic commissioners for that area.

Railway closures in and around Greater London

25

• (1) In subsections (7) to (9) and (13) of section 56 of the Act of 1962 and subsection (1) of section 54 of the Act of 1968 (being provisions relating to proposals by the Railways Board or the London Board for a closure, that is to say, the discontinuance of all railway passenger services from any station or on any line), references to the London Board shall be construed as references to the Executive.

• (2) Where the Railways Board propose the closure of a station in Greater London or of a line the whole or part of which lies in Greater London, the Board shall send a copy of the notice of the closure published by the Board in pursuance of subsection (7) of the said section 56 to the Council, and the Council may, within the period specified in the notice for objecting to the closure, lodge with the Minister a statement in writing that they oppose the closure and of their reasons for doing so; and where the Council lodge such a statement with the Minister they shall send a copy of that statement to the Board and, notwithstanding that no objection is lodged in accordance with subsection (8) of the said section 56, the closure shall not be proceeded with until the Minister has given his consent.

• (3) Where under the said subsection (8) or under subsection (2) of this section any closure proposed by the Railways Board or by the Executive of a station in Greater London or of a line the whole or part of which lies in Greater London requires the consent of the Minister, the Minister shall before deciding whether or not to give his consent consult with the Council.

Grants on refusal of Minister's consent to closure by Executive

26

• (1) Where under section 56(8) of the Act of 1962 the consent of the Minister is required to a proposed closure by the Executive, and the Minister refuses his consent to that closure, and the Minister is satisfied—

• (a) that the railway passenger services for the time being provided by the Executive from the station or on the line in question are unremunerative ; and

• (b) that it is desirable for social or economic reasons that railway passenger services from that station or on that line should for the time being continue to be provided by the Executive either in the same or in some different form or manner ; and

• (c) that because of the unremunerative nature of the services which the Minister is satisfied are desirable for those reasons (hereafter in this section referred to as " the required services ") the Executive cannot reasonably be expected to provide them without assistance under this section,

then, subject to the provisions of this section, the Minister may from time to time with the consent of the Treasury undertake to make grants to the Executive in respect of the provision of the required services for such period not exceeding three years at a time as the Minister may think fit.

• (2) The Minister may on giving an undertaking under subsection (1) of this section as respects any period attach to that undertaking such conditions in connection with the provision of the required services during that period, and such other conditions in connection with the grants to be made in pursuance of the undertaking, as he thinks fit.

• (3) The aggregate amount payable by way of grants in pursuance of an undertaking under subsection (1) of this section in respect of the period to which the undertaking relates shall, subject to any conditions attached to the undertaking, be the amount by which it is estimated, on such basis and in such manner as the Minister, with the approval of the Treasury and after consultation with the Executive, may determine, that the expenditure properly attributable to the provision during that period of the required services will exceed the revenue properly so attributable ; and payments in pursuance of the undertaking shall be made in such manner and at such times as the Minister may with the approval of the Treasury determine.

Removal of control of Transport Tribunal over passenger fares in London

27

• (1) Sections 44 to 49 of the Act of 1962 (which relate to the control of passenger fares in London by the Transport Tribunal) shall cease to have effect and, subject to the provisions of this Act, the powers conferred by section 43 of that Act shall be exercisable accordingly.

• (2) During the period between the appointed day for the purposes of subsection (1) of this section and the vesting date, the London Board shall not make any alteration in the general level or structure of the fares to be charged for the time being for the carriage of passengers by the Board or any subsidiary of theirs unless their proposals for that alteration have been submitted to and approved by the Minister; and the Minister may direct the Board to cause any such alteration approved by him to be published in such manner as he may determine; and for the purposes of section 11(2)(d) and (3) of this Act the general level and structure of the fares aforesaid in force at the vesting date shall be deemed as from that date to have been submitted by the Executive to and approved by the Council.

• (3) Any approval of the Minister under subsection (2) of this section shall be given in writing and may be given for any case or description of cases specified in the approval, or may be general, and may be given subject to conditions.

• (4) For the purposes of subsection (2) of this section, subsection (2) of section 41 of this Act shall have effect as if there were substituted—

• (a) for any reference to the Executive a reference to the London Board; and

• (b) for any reference to the Council a reference to the Minister;

and subsection (3) of that section shall apply to any direction given to the London Board by the Minister under subsection (2) of this section or under subsection (2) of that section as applied by this subsection as it applies to a direction given to the Executive by the Council and accordingly as if for the relevant references in the said subsection (3) to the Council and the Executive there were substituted references respectively to the Minister and the London Board.

• (5) As from the appointed day for the purposes of subsection (1) of this section, the division of the Transport Tribunal which under section 57(2) of the Act of 1962 is to be known as the London Fares and Miscellaneous Charges Division shall be known as the Railway Rates Division.

Fixing of certain charges by Railways Board

28

As from the appointed day for the purposes of section 27(1) of this Act, in fixing in the exercise of their powers under section 43 of the Act of 1962 the charges to be made for the carriage of passengers by their railways on services determined in accordance with principles from time to time laid down by the Council to be required to meet the needs of Greater London, the Railways Board shall have regard to such financial objectives for those services as the Minister (after consultation with the Council) and the Board may from time to time agree; and the Board shall in each year consult with the Council as to the general level and structure of the fares to be charged for the carriage of passengers by the Board's railways on journeys wholly within Greater London and as to the general level of the provision to be made for such journeys and shall inform the Council in advance of any proposals for changes of substance in any such fares or in the level of the provision so to be made.

PART V — Provisions as to Highways and Traffic

Amendments as to metropolitan roads

29

• (1) Subsections (1) to (3) of section 17 of the London Government Act 1963 (which specify the highways which are to be metropolitan roads, that is to say, the highways for which the Council are the highway authority) shall cease to have effect, and references in any enactment to metropolitan roads shall be construed as references to—

• (a) any highway or proposed highway in Greater London which is for the time being classified under section 27(2) of the Local Government Act 1966 as a principal road for the purposes of advances under section 235 of the Highways Act 1959 ; and

• (b) any other highway or proposed highway in Greater London which is for the time being designated as a metropolitan road by an order under section 7 of the said Act of 1959 directing that the highway shall cease to be a trunk road.

• (2) A certificate by or on behalf of the Minister that any highway or proposed highway in Greater London is, or is not, for the time being classified as aforesaid shall be evidence of the fact stated and any such certificate may describe the highway or proposed highway in question by reference to a map.

• (3) The Council shall prepare and maintain a list of, and a map showing, the highways and proposed highways which are for the time being metropolitan roads and shall deposit a copy of that list and of that map with each of the councils of the London boroughs and the Common Council, and the Council and each of those other authorities shall make that list and map, or as the case may be the copies thereof so deposited with them, available for inspection by the public at all reasonable hours.

• (4) In section 18 of the London Government Act 1963 (which relates to the delegation of functions of the Council with respect to a metropolitan road to the council of a London borough or the Common Council), after subsection (1) there shall be inserted the following subsection:—

(1A) For the avoidance of doubt it is hereby declared that the functions of the Greater London Council which may be delegated by virtue of subsection (1) of this section include, and shall be deemed always to have included, the functions of that Council under the provisions of section 12 of the Road Traffic Regulation Act 1967 (being provisions relating to the temporary prohibition or restriction of traffic on roads), or, as respects any period before the coming into operation of the said section 12, under the corresponding provisions contained in section 36 of the Road Traffic Act 1960, with respect to any metropolitan road in the case of which that Council have so delegated their functions with respect to the maintenance of that road.

• (5) In this section, any expression (other than " metropolitan road ") which is also used in the Highways Act 1959 has the same meaning as in that Act.

• (6) The provisions of this section other than subsection (4) thereof shall be deemed for the purposes of section 84 of the London Government Act 1963 (which relates to the making of supplementary and transitional provision by order) to be included in that Act.

Planning permission for development affecting metropolitan road

30

• (1) The Minister may from time to time, after consultation with the Council, with the councils of the London boroughs and with the Common Council, direct that, for the purposes of regulations made by the Minister of Housing and Local Government under section 24(6) of the London Government Act 1963 (which enables that Minister by regulations to require particular applications, or applications of a particular class, for planning permission for development in Greater London to be referred in certain cases to that Minister or to the Council before they are dealt with by the local planning authority), metropolitan roads and proposed metropolitan roads shall be divided into categories specified in the direction; and any such regulations—

• (a) may designate a class of development, or a class of applications for planning permission for development, by reference to a particular category or categories only of those so specified ; and

• (b) may designate a class of such applications by reference to those only of the said roads included in a particular category or categories so specified in the case of which the Council have given to the local planning authority written notice containing such particulars as may be prescribed by the regulations of proposals by the Council with respect to the roads in question of such class as may be so prescribed, being proposals for the construction, improvement or alteration of those roads or for the regulation of means of access between premises and those roads.

• (2) The Council shall prepare and maintain a list of, and a map showing, the metropolitan roads and the proposed metropolitan roads included in each respectively of the categories for the time being provided for by directions under subsection (1) of this section and shall deposit a copy of that list and of that map with each of the councils of the London boroughs and the Common Council, and the Council and each of those other authorities shall make that fist and map, or as the case may be the copies thereof so deposited with them, available for inspection by the public at all reasonable hours.

• (3) In this section the expression " proposed metropolitan road " means land which is not a proposed highway as defined by section 295(1) of the Highways Act 1959, but in the case of which—

• (a) the Council have applied to the Minister for the classification as a principal road of the highway proposed to be constructed on it; or

• (b) the Council have given written notice to the local planning authority that the Council consider that it should be used for the provision of a metropolitan road.

Powers of Council where obstruction of highway is greater or longer than necessary

31

• (1) If, in the case of any highway in Greater London which is not a trunk road, it appears to the Council that any of the following persons (hereafter in this section referred to as an " authorised person "), namely—

• (a) any undertakers acting in the exercise of a statutory power to break up or open that highway; or

• (b) where that highway is not a metropolitan road, the highway authority acting as aforesaid; or

• (c) any person acting in the exercise of the power conferred by section 15(1) of the Pipe-lines Act 1962 ; or

• (d) any person acting in the exercise of the power conferred by section 34(2) of the Public Health Act 1936,

has by the deposit of excavated matter or other material, or by means of the erection of barriers, or otherwise, created an obstruction in the highway to a greater extent or for a longer period than is reasonably necessary, the Council may by notice require that authorised person to take such steps as may appear to the Council to be necessary and as are specified in the notice to mitigate or discontinue the obstruction; and, subject to subsection (2) of this section, if that authorised person fails to comply with any such requirement within twenty-four hours of the receipt of the notice, the Council may take the necessary steps and may recover any expenses reasonably incurred by them in connection therewith from that authorised person.

• (2) If, within twenty-four hours of receiving a notice under subsection (1) of this section, the authorised person in question makes representations to the Minister that the obstruction to which the notice relates is not greater, or has not been continued for a longer period, than is reasonably necessary, and sends to the Council a copy of the representations so made, the Council shall not take any such steps as aforesaid without the consent of the Minister.

• (3) The Council may, if they think fit, delegate to an officer of the Council the power of making requirements conferred on the Council by this section.