Transport (London) Act 1969

• " 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.

• (4) In this section, the expression " undertakers" means persons (other than persons acting on behalf of the Crown) having powers to break up or open highways in Greater London for the purposes of any sewerage system, or any water, gas, electricity, tramway or other undertaking, and any other expression (other than " metropolitan road ") which is also used in the Highways Act 1959 has the same meaning as in that Act.

• (5) The provisions of section 139 of the Highways Act 1959 as to the powers of highway authorities in the case of such obstruction as aforesaid shall cease to apply in relation to any metropolitan road, but save as provided in the foregoing provisions of this subsection or by subsection (6) of this section nothing in this section shall affect the operation of the said section 139.

• (6) In subsection (1) of the said section 139 as amended by section 19 of the Pipe-lines Act 1962, after the words " Pipe-lines Act 1962 " there shall be inserted the words " or by section 34(2) of the Public Health Act 1936 ".

Amendments as to pedestrian crossings

32

• (1) The Council shall be the local authority as respects Greater London for the purposes of section 21 of the Act of 1967 (which empowers a local authority to make schemes for the establishment on roads in their district other than trunk roads of crossings for foot passengers); and accordingly—

• (a) in subsection (6) of that section (which defines the expression " local authority " as respects England and Wales other than Greater London and as respects Scotland) after paragraph (b) there shall be added the following paragraph:—

(c) as respects Greater London, the Greater London Council

; and

• (b) for subsection (8) of that section (which defines that expression in relation to Greater London and requires the Council to consult other authorities in Greater London before submitting certain schemes under that section) there shall be substituted the following:—

(8) Before the Greater London Council submit any scheme under this section with respect to any road they shall consult with any other council, being the council of a London borough or the Common Council of the City of London, within whose area that road is situated.

• (2) Any scheme with respect to a road in Greater London made, or having effect as if made, under the said section 21 by an authority other than the Council and in force immediately before the appointed day for the purposes of subsection (1) of this section shall be deemed to have been made by the Council and shall continue in force accordingly until varied or revoked by the Council or the Minister in accordance with subsection (4) of that section.

• (3) On the appointed day aforesaid there shall be transferred to the Council—

• (a) all traffic signs within the meaning of section 54(1) of the Act of 1967 placed in connection with any such scheme as aforesaid made in relation to a road in Greater London by any authority other than the Council; and

• (b) subject to subsections (4) and (5) of this section, all other property or rights which, immediately before that day, were vested in that other authority for the purposes of that scheme, and all liabilities incurred by that other authority for those purposes and not discharged before that day.

• (4) There shall not be transferred to the Council by virtue of subsection (3) of this section any right or liability in respect of work done, services rendered, goods (including gas and electricity) supplied or money due for payment before the appointed day aforesaid.

• (5) The Council and the other authority concerned may make agreements with respect to the transfer of property, rights and liabilities under subsection (3) of this section, including agreements for defining the property, rights and liabilities transferred, and for the transfer or retention of property, rights or liabilities held or incurred partly for the purposes of such a scheme as aforesaid and partly for other purposes ; and any dispute between the Council and that other authority as to the property, rights or liabilities transferred shall be determined by the Minister.

Expenditure on arrangements for patrolling school crossings

33

In section 24 of the Act of 1967 (under which the appropriate authority for making arrangements for patrolling school crossings is, as respects places in England and Wales which are not in the metropolitan police district, other than places in the City of London, the council of the county or borough in which the places in question are and, as respects places in the metropolitan police district, the commissioner of police of the metropolis), after subsection (6) there shall be inserted the following subsection:—

(6A) The expenses incurred for the purposes of this section by the council of a county any part of which is for the time being comprised in the metropolitan police district shall not be chargeable on that part.

Traffic signs

34

• (1) In section 64 of the Highways Act 1959 (which confers on a highway authority a general power to improve a highway maintainable at the public expense by them) at the end there shall be added the following subsection:—

(4) In relation to any highway in Greater London maintainable at the public expense which is neither a trunk road nor a metropolitan road, subsections (2) and (3) of this section shall have effect for the purposes of, and of the provision of equipment for, the erection, maintenance, alteration or removal of traffic signs which are light signals for controlling the movement of vehicular traffic or of pedestrians, but for those purposes only, as if that highway were maintainable by the Greater London Council and not by the London borough council concerned or, as the case may be, by the Common Council.

• (2) In section 55 of the Act of 1967 (which relates to the powers and duties of highway authorities as to the placing of traffic signs) at the end there shall be added the following subsection:—

(4) For the purposes of the provisions of this section and any other provisions of this Act relating to traffic signs— (a) in the application of those provisions to traffic signs in Greater London which are light signals for controlling the movement of vehicular traffic or of pedestrians, but not in their application to any other matter, the Greater London Council shall at all times be deemed to be the highway authority for all roads in Greater London other than trunk roads; (b) without prejudice to the powers of the highway authority for the road in question, the Greater London Council shall also be deemed to be the highway authority for any road in Greater London for which they are not in fact the highway authority for the purposes, but for the purposes only, of the exercise by them as respects that road under section 56(1) of this Act of any powers exercisable by the highway authority for that road

;

and accordingly subsection (2) of section 56 of that Act (which enables the Council to give directions to other highway authorities with respect to such light signals as aforesaid) shall cease to have effect.

• (3) In subsection (1) of the said section 56 (under which the Council may, to such extent as the Council may consider necessary in connection with any order under section 6 or 9 of the Act of 1967 made or proposed to be made by the Council, exercise, as respects any road in Greater London which is not a trunk road, any powers exercisable by the highway authority for that road in connection with the placing of traffic signs on or near that road)—

• (a) the provisions of that subsection shall be divided so that the words from " may" in the first place where it occurs to the words " the Council" in the third place where those words occur form paragraph (a) of that subsection;

• (b) after that paragraph (a) there shall be inserted the words

and (b) may in any other circumstances after consultation with the highway authority concerned

;

• (c) for the words " not a trunk road " there shall be substituted the words " neither a trunk road nor a metropolitan road ".

• (4) At the end of the said section 56 there shall be inserted the following subsection:—

(4) The powers of the Council by virtue of paragraph (b) of subsection (1) above shall extend to the removal or repositioning of any traffic sign on or near the road in question whether or not placed by the Council, and on the removal or repositioning by the Council of any such sign placed by an authority other than the Council that sign shall vest in the Council; and, except with the consent of the Council or in pursuance of a direction under section 55(2) of this Act, the highway authority for that road shall not remove, alter or in any way interfere with any traffic sign placed or repositioned on or near that road by the Council by virtue of that paragraph.

• (5) In section 104(1) of the Act of 1967, in the definition of " highway authority ", after the words " trunk road " in the first place where those words occur there shall be inserted the words " and subject to the provisions of section 55(4) of this Act ".

• (6) On the appointed day for the purposes of subsection (2) of this section, there shall be transferred to the Council—

• (a) all traffic signs which are such light signals as are mentioned in the subsection added by the said subsection (2) to section 55 of the Act of 1967 and which immediately before that date were vested in the council of any London borough or in the Common Council; and

• (b) subject to subsections (7) and (8) of this section, all other property or rights which, immediately before that day, were vested in the council of a London borough or in the Common Council for the purposes of such light signals, and all liabilities incurred by the council of any London borough or the Common Council for such purposes and not discharged before that date.

• (7) There shall not be transferred to the Council by virtue of subsection (6) of this section any right or liability in respect of work done, services rendered, goods (including gas and electricity) supplied or money due for payment before the appointed day aforesaid.

• (8) The Council and the other authority concerned may make agreements with respect to the transfer of property, rights and liabilities under subsection (6) of this section, including agreements for defining the property, rights and liabilities transferred, and for the transfer or retention of property, rights or liabilities, held or incurred partly for the purposes of such light signals as are mentioned in that subsection and partly for other purposes ; and any dispute between the Council and that other authority as to the property, rights or liabilities transferred shall be determined by the Minister.

• (9) Nothing in this section shall cause the Council to be treated for the purposes of the Public Utilities Street Works Act 1950 as the highway authority for any highway for which they would not be the highway authority apart from this section.

Operation of parking places on highways where charges are made

35

In section 35 of the Act of 1967, after subsection (5) (which enables the Council, without any application being made by the local authority, that is to say, the council of a London borough or the Common Council, to designate parking places on highways in the local authority's area where charges may be made for vehicles left therein, and by paragraph (b) empowers the Council to enter into an agreement with the local authority for the transfer to the local authority of the operation of any parking place so designated and of property, rights and liabilities of the Council in connection with that parking place) there shall be inserted the following subsection:—

(5A) Where in the case of a parking place designated by an order made, or having effect as if made, by virtue of subsection (5) above, the Greater London Council have offered to enter into such an agreement with the local authority as is mentioned in paragraph (b) of that subsection but are satisfied that such an agreement cannot be reached, then, subject to sections 84A, 84B and 84C of this Act, the Council may by order provide that the operation of that parking place, and such apparatus or other things held by, and rights or liabilities of, the Council in connection with the parking place as may be specified in the order, shall be transferred to the local authority as from such date and on such terms (including terms as to the making of payments to or by the Greater London Council by or to the local authority) as may be so specified; and— (a) paragraph (c) of subsection (5) above shall apply to the transfer of the operation of the parking place under the order as if it were a transfer in pursuance of an agreement under paragraph (b) of that subsection ; and (b) if the local authority fail to discharge any of their functions by virtue of the order the Greater London Council may themselves discharge those functions and recover from the local authority summarily as a civil debt— (i) any expenses incurred by the Council in discharging those functions; and (ii) the amount of any payments falling to be made to the Council by the local authority under the order.

Control of off-street parking

36

• (1) The provisions of this section shall apply to any area in Greater London which the Council may by regulations designate as a controlled area for the purposes of this section; and any such regulations—

• (a) in addition to including any such provision as is authorised by subsection (6) of this section, may prescribe forms to be used for the purposes of this section and any other matters which under this section or Schedule 5 to this Act are to be prescribed ;

• (b) may include such supplementary, incidental and consequential provision as appears to the Council to be necessary or expedient for the purposes of this section ; and

• (c) may make different provision as respects like matters in different circumstances;

but the provisions of Part I of the said Schedule 5 shall apply to the making of any such regulations and no such regulations shall designate as aforesaid any area which for the purposes of the Airports Authority Act 1965 forms part of the British Airports Authority's aerodrome at Heathrow.

• (2) Subject to subsection (15) of this section, in a controlled area no person other than the local authority shall operate a public off-street parking place of a prescribed description except under and in accordance with the terms and conditions of a licence granted to that person by the local authority.

• (3) An applicant for a licence in respect of any premises may apply either for a permanent licence or for a licence for such limited period not exceeding five years as the applicant may specify, and any application to the local authority for a licence shall be accompanied by the prescribed fee appropriate to the type of licence applied for towards the administrative expenses of the local authority under this section; and, subject to subsection (6) of this section, on any such application the local authority may at their discretion either grant the applicant a licence of the type applied for or refuse the application.

• (4) Subject to subsection (6) of this section, every licence shall specify—

• (a) the period of its duration, that is to say, whether it is a permanent licence or a licence for a limited period and, if for a limited period, the period for which it is granted;

• (b) the maximum number of parking spaces to be provided at the licensed parking place for all, and, if the local authority think fit, for any respectively, of the following descriptions of parking, namely, short-torn parking, long-term parking, casual parking and regular parking or any particular category of regular parking ;

• (c) any conditions in addition to those specified in subsection (5) of this section subject to which the licence is granted, being such conditions, if any, as the local authority may think fit with respect to all or any of the following matters, namely—

• (i) the scale of charges, or the minimum charges, or the maximum and minimum charges, to be made for the use of parking spaces at the licensed parking place for all, or for any respectively, of the descriptions of parking referred to in paragraph (b) of this subsection ;

• (ii) the proportion of parking spaces to be available respectively for casual parking and for, or for any specified category of, regular parking ;

• (iii) the times of opening and closing of the licensed parking place for the reception of vehicles ;

• (iv) the manner in which users of the licensed parking place are to be informed of the effect of the terms and conditions of the licence ;

• (v) the keeping by the operator of the licensed parking place as respects all, or as respects any respectively, of the descriptions of parking referred to in the said paragraph (b) of records showing for each day the number of vehicles using parking spaces at the licensed parking place and the sums received by way of charges for the use of those parking spaces.

• (5) It shall be a condition of every licence—

• (a) that any person authorised in that behalf in writing by the local authority or by the Council may, subject to production if requested of his authority, at all reasonable hours enter upon and inspect the licensed parking place; and

• (b) that the holder of the licence shall, on being given reasonable notice for the purpose by any such person, produce to that person and permit him to examine and make copies of, or take extracts from, any records required by virtue of subsection (4)(c)(v) of this section to be kept in connection with the operation of that parking place;

but if any such person discloses to any other person otherwise than in the performance of his duty any information with regard to the operation of that parking place or to any trade secret obtained by him at that parking place or from any such examination, or if any member or officer of the local authority to whom any such information is disclosed by reason of his official position discloses that information to any other person otherwise than in the performance of his duty, that person or, as the case may be, that member or officer shall be liable on summary conviction to a fine not exceeding £100.

• (6) Regulations made by the Council under subsection (1) of this section may include provision—

• (a) as to the maximum number of parking spaces to be made available at licensed parking places for all, or for any respectively, of the descriptions of parking referred to in subsection (4)(b) of this section in, or in any specified part of, any controlled area comprised within the area of a particular local authority ;

• (b) requiring that, in the case of licensed parking places in a particular controlled area or part of a controlled area, all or any of the matters referred to in subsection (4)(c) of this section shall or as the case may be shall not be the subject of conditions specified in the licence;

• (c) regulating the conditions which may be imposed with respect to any of the matters aforesaid ;

and every local authority shall exercise their functions under subsections (3) and (4) of this section in conformity with any regulations for the time being in force by virtue of this subsection.

• (7) Where the local authority decide in pursuance of subsection (3) of this section—

• (a) to refuse an application for a licence ; or

• (b) to grant a licence subject to any conditions which they are not required by regulations under subsection (6) of this section to impose with respect to any of the matters referred to in subsection (4)(c)(i) to (v) of this section, they shall inform the applicant in writing of the reasons for their decision at the same time as they inform him of that decision.

• (8) Where a licence has been granted—

• (a) the local authority shall, if so requested by a successor in title to the business (so far as it consists of the operation of the licensed parking place) of the person to whom the licence was granted, transfer the licence to that successor in title, but a licence shall not otherwise be transferable;

• (b) the holder of the licence may at any time surrender it by giving notice in writing for the purpose to the local authority which shall include a statement certifying either that the holder is the only person entitled to any interest in the licensed premises or that not less than twenty-one days before the date of the notice the holder has notified all other persons known to him to be so entitled of his intention to serve the notice;

• (c) the local authority may at any time on the application or with the agreement of the holder of the licence vary any of the terms and conditions specified in the licence under subsection (4)(b) and (c) of this section;

• (d) in the case of a permanent licence, the local authority shall have the powers of revocation or variation of the licence conferred by Part II of Schedule 5 to this Act.

• (9) The provisions of Parts III and IV of Schedule 5 to this Act shall have effect with respect to appeals and compensation in connection with certain decisions of a local authority under this section; and the local authority shall comply with the prescribed requirements as to the giving to an applicant for a licence of information as to the rights conferred by the said Parts III and IV; and every person who applies for or is the holder of a licence in respect of any premises shall give to any other person known to him to be entitled to any interest in those premises information as soon as may be—

• (a) of the making of the application ; and

• (b) of any decision of the local authority relating to the premises of which he is, or is deemed under paragraph 14(2) of the said Schedule to have been, notified by the local authority; and

• (c) of the bringing, and of the determination or abandonment, of any appeal from any such decision brought by that person under the said Part III.

• (10) Subject to subsection (15) of this section and to the provisions of Part V of Schedule 5 to this Act, any holder of a licence who contravenes or fails to comply with any of the terms and conditions of the licence and who does not show that the contravention or failure was due to an act or omission of a person not connected with the operation of the licensed parking place which the persons so connected could not reasonably have been expected to prevent shall be liable on summary conviction—

• (a) in the case of a term imposed under subsection (4)(b) or a condition with respect to any of the matters referred to in subsection (4)(c)(i), (ii), (iii) or (v) of this section, to a fine not exceeding £100 ;

• (b) in any other case to a fine not exceeding £50 ;

and on the conviction of the holder of a licence of an offence under this subsection the court before whom he is convicted may, if on an application made for the purpose by the local authority the court is satisfied that it is proper so to do by reason of the extent to which, or the period over which, or the frequency with which, the holder of the licence has contravened or failed to comply with the terms and conditions of the licence or by reason of the wilfulness of the offence, make an order for the revocation of the licence.

• (11) Save as provided by subsection (10) of this section or Part II of Schedule 5 to this Act, a licence shall not be revoked; and the revocation of a licence in pursuance of an order under that subsection or the revocation or variation of a licence under the said Part II shall not take effect—

• (a) before the expiration of the period for giving notice of appeal from the order or, as the case may be, notice of appeal under Part III of that Schedule from the local authority's decision to revoke or, as the case may be, vary the licence ; or

• (b) if such a notice of appeal is duly given, until the effectiveness or otherwise of the order or, as the case may be, the local authority's decision is finally determined in accordance with the relevant procedure.

• (12) Subject to subsection (15) of this section and to the provisions of Part V of Schedule 5 to this Act, any person who, in contravention of subsection (2) of this section, operates a public off-street parking place without holding a licence for the purpose shall be liable on summary conviction—

• (a) to a fine not exceeding £200 ; or

• (b) in the case of a second or subsequent conviction of an offence under this subsection, to a fine not exceeding £400.

• (13) The local authority for a controlled area shall have regard to any regulations for the time being in force under this section when exercising in that area any of their functions under sections 28 to 32 of the Act of 1967 ; and where a public off-street parking place is provided in a controlled area by the local authority under the said section 28, any such regulations shall apply to the operation of that parking place with such modifications as may be prescribed for the purpose, being modifications appearing to the Council to be necessary to ensure that the parking place is operated by or on behalf of the local authority with suitable provision as to the matters referred to in subsection (4)(b) and (c)(i) to (iv) of this section in like manner as if it were being operated under a licence granted by the local authority.

• (14) In this section and in Schedule 5 to this Act—

• " licence " means a licence under this section ;

• " local authority ", in relation to a parking place, means, where the parking place is situated in a London borough, the council of that borough or, where the parking place is situated in the City of London, the Common Council;

• " long-term parking " and " short-term parking " mean parking for a continuous period exceeding, or, as the case may be, not exceeding, four hours or such longer period as may be prescribed ;

• " public off-street parking place " means a place, whether above or below ground and whether or not consisting of or including buildings, where parking space for motor vehicles off the highway is made available by any person to the public for payment; and references to operating, or to the operator of, such a parking place shall be construed as references to making, or as the case may be to the person making, such parking space at the parking place so available.

• (15) The Minister, after consultation with the Council, may at any time, if it appears to him expedient so to do by reason of any emergency which appears to him to have arisen or to be likely to arise, by order, which shall be laid before Parliament after being made, provide that this subsection shall apply either in relation to all areas for the time being designated as controlled areas or in relation to such part or parts of any of those areas as may be specified in the order ; and—

• (a) during the period while any such order is in force in relation to any controlled area or part thereof, any public off-street parking place in that area or part may be operated as if that area or part were not, or, as the case may be, were not comprised in, a controlled area; and

• (b) nothing in subsection (10) or (12) of this section shall apply to anything done at any such parking place during that period.

PART VI — Miscellaneous and General

Compensation for loss of employment, etc.

37

• (1) The Minister shall by regulations require the payment by the Executive, the Railways Board or the Bus Company, as may be determined by or under the regulations, in such cases and to such extent as may be so determined, of compensation to or in respect of any person who is on the date of the happening of any of the following events, namely—

• (a) a transfer of any property, rights or liabilities under section 16, 21 or 22 of, or Schedule 2 to, this Act, or in pursuance of a direction given under section 20(1) of this Act; or

• (b) any change in the manner in which the Executive's undertaking is organised made in accordance with section 11(6) of this Act in pursuance of a direction by, or with the approval of, the Council; or

• (c) the making of any adaptations such as are mentioned in paragraph 5(4) of Schedule 16 to the Act of 1968 as applied by paragraph 7(1) of Schedule 3 to this Act,

or who has before that date been, in any employment so determined and who suffers any loss of employment, or loss or diminution of emoluments or pension rights, or worsening of his position, which is properly attributable to the happening of that event.

• (2) Any such regulations may apply in relation to any such person whether or not he continues in the employment determined as aforesaid until the date of the happening of the relevant event aforesaid, and whether or not he is a party to an agreement for the rendering of personal services which is affected by the happening of that event.

• (3) Different regulations may be made under this section in relation to different classes of persons, and any such regulations may be so framed as to have effect from a date prior to the making thereof, so, however, that so much of any such regulations as provides that any provision thereof is to have effect as from a date earlier than the making thereof shall not place any person other than the person required to pay the compensation in a worse position than he would have been in if the regulations had been made to have effect only as from the making thereof.

• (4) Regulations under this section—

• (a) may prescribe the procedure to be followed in making claims for compensation, and the manner in which and the person by whom the question whether any or what compensation is payable is to be determined; and

• (b) may in particular contain provisions enabling appeals from any determination as to any or what compensation is payable to be brought, in such cases and subject to such conditions as may be prescribed by the regulations, before a tribunal established under section 12 of the Industrial Training Act 1964.

• (5) No regulations shall be made under this section unless a draft thereof has been approved by a resolution of each House of Parliament.

• (6) Where the Executive, the Railways Board or the Bus Company are required by any such regulations to pay compensation thereunder, the others of those authorities may arrange to make to the compensating authority payments by way of contributions towards the liability of the compensating authority under the regulations ; and if the compensating authority satisfy the Minister that either of the other authorities have not made a proper contribution towards that liability, whether by payment of money or by finding employment for persons to or in respect of whom the compensation has become payable, the Minister may require that other authority to make such payment to the compensating authority as appears to the Minister to be just.

Payments on termination of appointment of members of London Board

38

• (1) If a person ceases to be a member of the London Board, otherwise than on the expiration of his term of office, and it appears to the Minister that there are special circumstances which make it right that that person should receive compensation, then, if the Minister has not before the vesting date exercised his power under paragraph 8(1) of Schedule 1 to the Act of 1962 to require the London Board to make a payment for that purpose to that person, the Minister may with the approval of the Minister for the Civil Service require the Executive to make to that person a payment of such amount as the Minister may with the like approval determine.

• (2) This section shall apply whether or not any pension is payable to the person in question under sub-paragraph (b) of the said paragraph 8(1), and shall apply to persons who ceased to be members of the London Board before the passing of this Act as well as to persons who cease to be members at a later time.

Dissolution of London Board

39

• (1) The London Board shall cease to exist on the vesting date.

• (2) The Executive shall prepare a statement, in such form, and containing such particulars, compiled in such manner, as the Minister may with the approval of the Treasury direct, of the London Board's accounts for the period from the end of that dealt with in the last annual statement of accounts published by the London Board down to the vesting date.

• (3) The Minister shall arrange that an auditor or auditors of the accounts aforesaid are appointed under section 24(2) of the Act of 1962 and the auditor or auditors so appointed shall, if the audit is not completed on the vesting date, continue and complete the audit after the vesting date; and any liability to pay the remuneration of the auditor or auditors so appointed outstanding on the vesting date shall be transferred to the Executive.

• (4) The Executive shall as soon as may be after the vesting date make to the Minister a report on the exercise and performance by the London Board of their functions during any period since that dealt with in the last report made by the London Board under section 27(8) of the Act of 1962, and that report by the Executive—

• (a) shall include a copy of the statement of accounts prepared under subsection (2) of this section and of the report on that statement made by the auditor or auditors appointed in pursuance of subsection (3) of this section; and

• (b) shall set out any directions given by the Minister to the London Board during that period, unless the Minister has notified to the London Board or the Executive his opinion that it is against the interests of national security to do so; and

• (c) shall include a statement of the salary or fees and emoluments of each of the members of the London Board during that period;

and the Minister shall lay a copy of that report before each House of Parliament.

• (5) Any liability of the London Board in respect of payments by way of interest on, or the repayment of, the commencing capital debt of the Board under section 39 of the Act of 1962 or any sums lent to that Board by the Minister under section 20 of that Act, being payments in respect of a period before the vesting date which are outstanding at that date, shall be transferred to the Executive.

• (6) As from the vesting date, the Minister may make to the Executive any payment under section 3 of the Selective Employment Payments Act 1966 which, as the designated Minister for the purposes of that section, he was authorised to make to the London Board and which had not been so made at that date.

Travel concessions

40

Section 138 of the Act of 1968 (which relates to travel concessions) shall have effect—

• (a) as if the expression " local authority" included the council of a London borough and the Common Council;

• (b) as if the Executive were the Executive for a designated area within the meaning of section 9(1) of that Act and Greater London were that designated area; and

• (c) as if the journeys referred to in subsection (1)(a) of the said section 138 included in the case of the Executive journeys between places outside but in the vicinity of Greater London ;

and, in the application to the Executive of subsection (1) of the said section 138, the reference to the approval mentioned in that subsection as not required for any travel concessions granted under that subsection shall be construed as a reference to the approval of the Council under section 11(2)(d) of this Act.

Provisions as to approvals, consents and directions

41

• (1) Any approval or consent of the Council under any provision of, or applied by, this Act shall be given in writing; and any such approval or consent may be given for any case or description of cases specified in the approval or consent, or may be general, and may be given subject to conditions.

• (2) Nothing done by the Executive shall be held to be unlawful on the ground that the approval or consent of the Council to the doing of that thing was required by any provision of, or applied by, this Act and that it was done without obtaining that approval or consent; but if it appears to the Council that the Executive propose to do anything, or have done anything, without the approval or consent of the Council which in the opinion of the Council requires their approval or consent, the Council may give to the Executive such directions as appear to the Council to be appropriate to secure so far as practicable the observance of the rights of the Council in relation to the doing of that thing, and those directions may include directions to discontinue any specified activity or dispose of any specified assets.

• (3) Any direction under this Act by the Council to the Executive or by the Minister to the Executive or to the Council shall be in writing, and the Executive or, as the case may be, the Council shall comply with any such direction given to them notwithstanding, in the case of a direction under subsection (2) of this section, that it may result in the Executive having to dispose of any assets at a loss or incurring liability to other persons; but before the Council give any direction to the Executive under this Act they shall consult with the Executive.

Power to modify Act by order

42

In the event of any alteration in the boundaries of Greater London, the Minister may by order, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, make any modifications to any of the provisions of this Act which appear to him to be necessary or expedient in consequence of that alteration.

Orders and regulations

43

Any power to make orders or regulations conferred on a Minister by any provision of this Act shall be exercisable by statutory instrument; and any power to make an order conferred on a Minister by any provision of this Act shall include power to make an order under that provision varying or revoking any previous order thereunder.

Stamp duty

44

• (1) Nothing in section 12 of the Finance Act 1895 (which requires Acts to be stamped as conveyances on sale in certain cases) shall be taken as applying to this Act.

• (2) Stamp duty shall not be chargeable—

• (a) under section 112 of the Stamp Act 1891 in respect of the amount which is to form the nominal share capital of the designated company, or in respect of any increase in the nominal share capital of that company which the Commissioners of Inland Revenue are satisfied is to take place before the vesting date ; or

• (b) under section 8 of the Finance Act 1899 in respect of the amount proposed to be secured by an issue of loan capital by the designated company which those Commissioners are satisfied is to take place before that date,

if or to the extent that those Commissioners are also satisfied that the total capital of that company, whether nominal share capital or loan capital, on the vesting date will not exceed the total value of the assets less liabilities transferred to that company under section 16 of this Act.

• (3) Stamp duty shall not be chargeable on any instrument which is certified to the Commissioners of Inland Revenue by the Executive or the Bus Company as having been made or executed in pursuance of Schedule 2 to this Act or in pursuance of Schedule 4 to the Act of 1968 as applied by section 22(3) of this Act; but no such instrument shall be deemed to be duly stamped unless it is stamped with the duty to which it would but for this subsection be liable or it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.

Interpretation

45

• (1) In this Act, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

• " the Act of 1960 " means the Road Traffic Act 1960;

• " the Act of 1962 " means the Transport Act 1962;

• " the Act of 1967 " means the Road Traffic Regulation Act 1967;

• " the Act of 1968 " means the Transport Act 1968 ;

• " appointed day " means the relevant day appointed under section 47(5) of this Act;

• " the Boards " means the Boards established under section 1 of the Act of 1962 other than the London Board, and references to a Board shall be construed accordingly ;

• " the Bus Company " means the National Bus Company established under section 24 of the Act of 1968 ;

• " charges " includes fares, rates, tolls and dues of every description;

• " the Commission " means the British Transport Commission dissolved in pursuance of section 80 of the Act of 1962;

• " the Common Council " means the Common Council of the City of London;

• " the Council " means the Greater London Council;

• " the designated company " means the company designated under section 16(2) of this Act;

• " the Executive " means the London Transport Executive established under section 4 of this Act;

• " functions " includes powers, duties and obligations ;

• " goods " includes animals, parcels and mails ;

• " Greater London " means the administrative area of Greater London as for the time being constituted;

• " hovercraft " has the same meaning as in the Hovercraft Act 1968;

• " land " includes land covered by water and any interest or right in, over or under land ;

• " lease " includes an agreement for a lease ;

• " liability " includes an obligation;

• " the London Board " means the London Transport Board established under section 1 of the Act of 1962;

• " London bus service " has the meaning assigned by section 23(7) of this Act;

• " the Minister " means the Minister of Transport;

• " the national transport authorities " means the Boards, the Bus Company, the National Freight Corporation established under section 1 of the Act of 1968, the Scottish Transport Group established under section 24 of the Act of 1968 and the Transport Holding Company established under section 29 of the Act of 1962;

• " participant ", in relation to a pension scheme, means a person who (whether he is referred to in the scheme as a member, as a contributor or otherwise) contributes or has contributed under the scheme and has pension rights thereunder and " participate" shall be construed accordingly;

• " pension ", in relation to a person, means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of him, and includes a gratuity so payable and a return of contributions to a pension fund, with or without interest thereon or any other addition thereto, and any sums payable on or in respect of the death of that person ;

• " pension fund " means a fund established for the purposes of paying pensions;

• " pension rights " includes, in relation to any person, all forms of right to or liability for the present or future payment of a pension, and any expectation of the accruer of a pension under any customary practice, and includes a right of allocation in respect of present or future payment of a pension ;

• " pension scheme " includes any form of arrangement for the payment of pensions, whether subsisting by virtue of an Act of Parliament, trust, contract or otherwise;

• " the Railways Board " means the British Railways Board established under section 1 of the Act of 1962;

• " securities ", in relation to a body corporate, means any shares, stock, debentures, debenture stock, and any other security of a like nature of the body corporate;

• " statutory provision " means a provision, whether of a general or of a special nature, contained in, or in any document made or issued under, any Act, whether of a general or special nature ;

• " subsidiary " and " wholly-owned subsidiary " have the same meanings respectively as for the purposes of the Act of 1968;

• " vehicle " includes a hovercraft;

• " the vesting date " means the appointed day for the purposes of section 16 of this Act.

• (2) Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment, including this Act.

Expenses

46

There shall be paid out of moneys provided by Parliament—

• (a) any expenses incurred by any Minister under or in consequence of the provisions of this Act;

• (b) any increase attributable to any of the provisions of this Act in the sums so payable under any other Act.

Short title, repeals, extent and commencement

47

• (1) This Act may be cited as the Transport (London) Act 1969.

• (2) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

• (3) The provisions of this Act other than—

• (a) sections 8(8) and 9(2);

• (b) section 27(5) and the repeal of section 57(3)(a) of the Transport Act 1962 ; and

• (c) the repeals made in the House of Commons Disqualification Act 1957,

shall not extend to Scotland.

• (4) Except for the repeals made in the House of Commons Disqualification Act 1957, the provisions of this Act shall not extend to Northern Ireland.

• (5) This Act shall come into force on such day as the Minister may by order appoint, and different days may be appointed for different purposes and different provisions of this Act.

SCHEDULE 1

1

The Executive may act notwithstanding a vacancy among their members.

2

The quorum of the Executive shall be three and, subject as aforesaid, the Executive may regulate their own procedure.

3

The application of the seal of the Executive shall be authenticated by the signature of the secretary of the Executive or some other person authorised by the Executive, either generally or specially, to act for that purpose.

4

Every document purporting to be an instrument issued by the Executive and to be sealed as aforesaid, or to be signed on behalf of the Executive, shall be received in evidence and be deemed to be such an instrument without further proof unless the contrary is shown.

5

• (1) A member of the Executive shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for reappointment.

• (2) Any member of the Executive may at any time by notice in writing to the Council resign his office.

6

• (1) A member of the Executive who is in any way directly or indirectly interested in a contract made or proposed to be made by the Executive shall disclose the nature of his interest at a meeting of the Executive; and the disclosure shall be recorded in the minutes of the Executive, and the member shall not take any part in any deliberation or decision of the Executive with respect to that contract.

• (2) For the purposes of the foregoing sub-paragraph, a general notice given at a meeting of the Executive by a member of the Executive to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with that company or firm, shall be regarded as a sufficient disclosure of his interest in relation to any contract so made.

• (3) A member of the Executive need not attend in person at a meeting of the Executive in order to make any disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting.

SCHEDULE 2

Division or apportionment of certain property, etc.

1

It shall be the duty of the Executive, the Bus Company and the designated company to arrive, whether before or after the vesting date, and so far as practicable, at such written agreements with respect to any property, rights and liabilities transferred under section 16 of this Act, not being rights and liabilities under an agreement for the rendering of personal services, and to execute such other instruments, as are necessary or expedient—

• (a) to make, as from the vesting date or as from such later date as may be specified in the relevant agreement, any clarifications or modifications of the division of the London Board's undertaking effected by the said section 16 which they consider will best serve the proper discharge of their respective functions ; or

• (b) to divide or apportion between the Executive and the designated company in such proportions as may be appropriate any such property, rights and liabilities so transferred to one of them which immediately before the vesting date was property held, or a right or liability subsisting, partly for the purposes of the activities of the part of the London Board's undertaking referred to in subsection (2) of the said section 16 and partly for other purposes of the London Board ; or

• (c) in the case of any such property, rights and liabilities as are mentioned in sub-paragraph (b) of this paragraph the nature of which does not permit such division or apportionment, to afford to the Executive, the designated company and the Bus Company as against one another such rights and safeguards as they may require for the proper discharge of their respective functions.

2

Any such agreement as is referred to in paragraph 1 of this Schedule shall make provision so far as it is expedient—