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

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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

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• (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

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• (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

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• (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

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• (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

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• (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.