Greater London Authority Act 1999

• (g) that determinations on such arbitrations and certificates given jointly by two or more such appointees as are mentioned in paragraph (f) above as to the effect of the scheme as between the companies giving the certificates are to be conclusive for all purposes.

Duties of existing appointee after the scheme comes into force

6

• (1) A scheme under this Schedule may provide for the imposition of duties on the existing appointee and on the new appointee to take all such steps as may be requisite to secure that the vesting in the new appointee, by virtue of the scheme, of any foreign property, right or liability is effective under the relevant foreign law.

• (2) The provisions of a scheme under this Schedule may require the existing appointee to comply with any directions of the new appointee in performing any duty imposed on the existing appointee by virtue of a provision included in the scheme under sub-paragraph (1) above.

• (3) A scheme under this Schedule may provide that, until the vesting of any foreign property, right or liability of the existing appointee in the new appointee is effective under the relevant foreign law, it shall be the duty of the existing appointee to hold that property or right for the benefit of, or to discharge that liability on behalf of, the new appointee.

• (4) Nothing in any provision included by virtue of this paragraph in a scheme under this Schedule shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting by virtue of the scheme in the new appointee of any foreign property, right or liability.

• (5) A scheme under this Schedule may provide that, in specified cases, foreign property, rights or liabilities that are acquired or incurred by an existing appointee after the scheme comes into force are immediately to become property, rights or liabilities of the new appointee; and such a scheme may make the same provision in relation to any such property, rights or liabilities as can be made, by virtue of the preceding provisions of this paragraph, in relation to foreign property, rights and liabilities vested i the existing appointee when the scheme comes into force.

• (6) References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have to be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

• (7) Any expenses incurred by an existing appointee in consequence of any provision included by virtue of this paragraph in a scheme under this Schedule shall be met by the new appointee.

• (8) Duties imposed on a company by virtue of this paragraph shall be enforceable in the same way as if they were imposed by a contract between the existing appointee and the new appointee.

Functions exercisable by virtue of PPP agreements

7

• (1) A scheme under this Schedule may provide that any functions exercisable by the existing appointee by virtue of a PPP agreement shall instead be—

• (a) exercisable by the new appointee or any of the other appointees;

• (b) concurrently exercisable by two or more companies falling within paragraph (a) above; or

• (c) concurrently exercisable by the existing appointee and one or more companies falling within paragraph (a) above;

and different schemes under this Schedule may provide for any such functions exercisable by the same existing appointee to have effect as mentioned in paragraphs (a) to (c) above in relation to each of the new appointees under those schemes or of all or any of the other appointees.

• (2) Sub-paragraph (1) above applies in relation to any function under a statutory provision if and to the extent that the statutory provision—

• (a) relates to any part of the existing appointee’s undertaking, or to any property, which is to be transferred by the scheme; or

• (b) authorises the carrying out of works designed to be used in connection with any such part of the existing appointee’s undertaking or the acquisition of land for the purpose of carrying out any such works.

• (3) A scheme under this Schedule may define any functions exercisable by the existing appointee which are instead to be made exercisable or concurrently exercisable by the scheme in accordance with sub-paragraph (1) above—

• (a) by specifying the statutory provisions in question;

• (b) by referring to all the statutory provisions which—

• (i) relate to any part of the existing appointee’s undertaking, or to any property, which is to be transferred by the scheme, or

• (ii) authorise the carrying out of works designed to be used in connection with any such part of the existing appointee’s undertaking or the acquisition of land for the purpose of carrying out any such works; or

• (c) by referring to all the statutory provisions within paragraph (b) above, but specifying certain excepted provisions.

• (4) In this paragraph “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 a special nature.

SCHEDULE 16 — The free travel scheme

Concession required for all eligible England residents

A1

In any financial year during which the free travel scheme has effect, the concession required by the scheme in the case of all eligible England residents is the waiver, on production of a travel concession permit issued to any such resident under—

• (a) paragraph 4(2) below (in the case of an eligible London resident), or

• (b) section 145A(4) of the Transport Act 2000 (in the case of any other eligible England resident),

of any fare otherwise payable by the person to whom it was issued for any journey falling within section 242(8) of this Act.

Additional concession required for blind eligible London residents

1

In any financial year during which the free travel scheme has effect, the additional concession required by the scheme in the case of all eligible London residents in the blind persons’ category is the waiver, on production of a travel concession permit issued to any such resident under paragraph 4(2) below, of any fare otherwise payable by the person to whom it was issued for any journey falling within section 242(2) of this Act (so far as not falling within section 242(8) of this Act) .

Additional concession required for other eligible London residents

2

• (1) In any financial year during which the free travel scheme has effect, the additional concession required by the scheme in the case of all eligible London residents in any other category ... is the concession described in sub-paragraph (2) below.

• (2) The concession mentioned in sub-paragraph (1) above is the waiver, on production of a travel concession permit issued to any such resident under paragraph 4(2) below, of any fare otherwise payable by the person to whom it was issued for any journey falling within section 242(2) of this Act (so far as not falling within section 242(8) of this Act) and beginning—

• (a) at any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971; or

• (b) in an eligible period on any other day.

• (3) Subject to sub-paragraph (4) below, for the purposes of paragraph (b) of sub-paragraph (2) above the eligible periods are—

• (a) the period from midnight to 4.30 a.m; and

• (b) the period from 9 a.m. to midnight.

• (4) The periods which are eligible periods for the purposes of sub-paragraph (2)(b) above may be altered from time to time by Transport for London by notice published in such manner as it thinks fit, specifying the new period or periods and the effective date of the alteration.

• (5) A notice under sub-paragraph (4) above may not specify an effective date for the alteration of a period to which it applies falling earlier than three months after the date of publication of the notice.

• (6) Before publishing a notice under sub-paragraph (4) above Transport for London shall consult each London authority and the London Transport Users’ Committee.

Notification

3

As soon as it appears to Transport for London that the free travel scheme will have effect during the next financial year, Transport for London shall notify each London authority that the scheme will have effect during that financial year.

Issue of permits

4

• (1) For the purposes of the operation of the free travel scheme in any financial year during which the scheme has effect, Transport for London shall from time to time supply to each London authority such travel concession permits as appear to Transport for London to be required by that council for issue to eligible London residents in accordance with the following provisions of this paragraph.

• (1A) The Secretary of State may by regulations make provision about the form and period of validity of the travel concession permits.

• (2) Subject to sub-paragraph (3) below, a London authority shall issue a travel concession permit supplied by Transport for London under sub-paragraph (1) above to any eligible London resident who applies for one and whose sole or principal residence is in the area of that authority.

• (3) The issue of such a permit by any London authority shall (subject to any regulations under sub-paragraph (1A) above) be subject to such terms, limitations or conditions as the authority may, with the approval of the Mayor, from time to time determine as respects any category of eligible London residents.

• (4) But no charge may be made for the issue by any London authority of such a permit.

Charges made for permits

5

• (1) Before 1st February in any financial year (referred to in this paragraph as the “current financial year”) immediately preceding a financial year during which the free travel scheme will have effect, Transport for London shall notify each London authority of the charge to be paid by the authority to Transport for London—

• (a) for each quarter of the financial year during which the free travel scheme will have effect;

• (b) in respect of each travel concession permit issued under paragraph 4(2) above and valid on the first day of that quarter.

• (2) The charges payable by London authorities under this paragraph—

• (a) shall be fixed by Transport for London with a view to securing that the costs of the operation of the free travel scheme are met from the proceeds of those charges (taking one financial year during which the scheme has effect with another, where the scheme has effect during two or more consecutive financial years); and

• (b) may differ for different quarters of a financial year.

• (3) The reference in sub-paragraph (2)(a) above to the costs of the operation of the free travel scheme is a reference, in relation to any financial year taken into account in fixing any charges under that sub-paragraph, to the aggregate of the amounts specified in sub-paragraph (4) below.

• (4) Those amounts are—

• (a) the revenue by way of fares which Transport for London estimates that it and any of its subsidiaries have lost or will lose in that year in consequence of the provision of free travel under the scheme; and

• (b) any other costs which Transport for London has incurred or estimates that it will incur in that year in connection with providing, or for the purpose of securing the provision of, free travel under the scheme (including any payments Transport for London has made or proposes to make for that purpose to any person with whom they have entered into an agreement by virtue of section 156(2) or (3) of this Act or who has entered into a transport subsidiary’s agreement).

• (5) In fixing the charges payable by London authorities under this paragraph Transport for London shall take into account—

• (a) the sum applicable by virtue of sub-paragraph (6) below; and

• (b) the matters specified in sub-paragraph (7) below.

• (6) The sum applicable by virtue of this sub-paragraph is—

• (a) where the free travel scheme does not have effect during the current financial year, a sum equivalent to the total of the costs agreed to be reimbursed by local authorities during the current financial year under arrangements made by virtue of section 240(1) of this Act; or

• (b) where the free travel scheme has effect during the current financial year, a sum equivalent to the charges payable by London authorities under this paragraph in respect of the current financial year.

• (7) The matters specified in this sub-paragraph are—

• (a) the coming into operation of a service falling within section 242(3) of this Act or a service outside Greater London which, but for section 179(2), would be part of the London bus network, or the variation or discontinuance of such a service,

• (b) changes in the fares payable in respect of any such service, and

• (c) changes in the methods or information available to Transport for London for calculating the amounts specified in sub-paragraph (4) above,

since costs were last agreed to be reimbursed by local authorities under arrangements made by virtue of section 240(1) of this Act or, if more recent, since charges payable under this paragraph were last fixed.

Payments by London authorities

6

• (1) Before the end of the first month of each quarter of each financial year during which the free travel scheme has effect, each London authority shall—

• (a) pay to Transport for London, in respect of each travel concession permit issued by that authority and valid on the first day of that quarter, the charge fixed by Transport for London under paragraph 5 above which is applicable to that permit for that quarter;

• (b) provide Transport for London with a written statement giving the particulars required by sub-paragraph (2) below with respect to the travel concession permits supplied to the authority by Transport for London under paragraph 4(1) above; and

• (c) if required to do so by Transport for London, return to Transport for London all such permits which have not been issued by the authority before the beginning of that quarter.

• (2) The particulars required by this sub-paragraph in any statement under sub-paragraph (1)(b) above with respect to any quarter of the financial year in question are—

• (a) the number of travel concession permits supplied to the authority by Transport for London under paragraph 4(1) above and issued to eligible London residents of each category which are valid on the first day of that quarter;

• (b) the number of such permits so issued (if any) which expired or were surrendered to the authority during the last preceding quarter; and

• (c) the number of such permits supplied for issue to eligible London residents of each category which have not been issued by the authority before the beginning of the quarter for which the statement is required.

Local authority’s opinion of disability or injury

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual report of Transport for London

8

With respect to each financial year during which the free travel scheme has effect, the annual report of Transport for London under section 161 of this Act shall contain a statement of—

• (a) the manner in which the charges fixed under paragraph 5 above in respect of each quarter of that year were calculated; and

• (b) the aggregate of the amounts paid to Transport for London during that year by London authorities under paragraph 6(1)(a) above.

SCHEDULE 17 — Penalty fares

Introductory

1

• (1) In this Schedule unless the context otherwise requires—

• “authorised person” means, in relation to any purpose, a person authorised for that purpose by Transport for London or by the person providing the service;

• “compulsory ticket area” means that part of a station which, under the byelaws of the person providing a train service to which this Schedule applies, passengers are not permitted to enter without a fare ticket, general travel authority or platform ticket;

• “fare ticket” means a ticket (including one issued by a third person) showing payment of a fare and authorising the person in respect of whom it is issued to make a single journey covered by that fare on a local service or train service to which this Schedule applies, or to make that journey and a return journey (whether or not it also authorises him to make a journey on a service provided by a third person);

• “general travel authority” means any permit (including one issued by a third person), other than a fare ticket, authorising the person in respect of whom it is issued to travel on a local service or train service to which this Schedule applies (whether or not it also authorises him to travel on a service provided by a third person);

• “penalty fare” means a penalty fare payable pursuant to paragraph 3 or 4 below;

• “the penalty fare provisions” means paragraphs 3 to 8 below;

• “person providing the service” means the operator of the service, except that, in the case of a service provided in pursuance of an agreement entered into by Transport for London under section 156(2) or (3)(a) of this Act or in pursuance of a transport subsidiary’s agreement, means Transport for London;

• “platform ticket” means a ticket authorising a person to enter a compulsory ticket area but not to make a journey;

• “station” means a station serving a train service to which this Schedule applies;

• “third person” means a person other than one referred to in paragraph 2(1)(a) or (b) below; and

• “train service” means a service for the carriage of passengers by rail.

• (2) Subject to sub-paragraph (3) below, a person is travelling on a train service to which this Schedule applies at any time when he is on a train forming part of that service or is in a compulsory ticket area.

• (3) A person at a station is not to be taken as travelling by reason only of being in a compulsory ticket area or boarding a train at that station if he has entered that area or boards that train otherwise than for the purpose of making a journey and produces, if required to do so by an authorised person, a valid platform ticket.

• (4) Any reference in this Schedule to a person producing a fare ticket or general travel authority on being required to do so by an authorised person is a reference to producing, when so required, a fare ticket or general travel authority which, either by itself or together with any other fare ticket or general travel authority produced by that person at the same time, is valid for the journey he has made.

• (5) For the purposes of sub-paragraph (4) above—

• (a) a person who has entered a compulsory ticket area otherwise than by transferring from a train service provided by a third person but has not boarded a train shall be taken to have made a journey for which the minimum fare is payable; and

• (b) a person who is on a train shall be taken to have made a journey ending at the next station at which the train is scheduled to stop.

• (6) In sub-paragraph (5) above “minimum fare” means the minimum fare for which a journey from the station in question could validly be made by the person in question.

• (7) For the purposes of this Schedule a person is to be taken as transferring from a service provided by a third person to a service to which this Schedule applies if, but only if, having travelled on a train forming part of the former service, he—

• (a) goes from that train into a compulsory ticket area and finishes his journey at the station of which that area forms part; or

• (b) goes from that train into a compulsory ticket area and from that area boards a train forming part of a service to which this Schedule applies.

• (8) For the purposes of sub-paragraph (7)(b) above, in a case where the transfer takes place at a station controlled by a third person, “compulsory ticket area” means such area at that station as corresponds with a compulsory ticket area within the meaning of this Schedule.

Operation of this Schedule

2

• (1) This Schedule applies to any local service or train service provided—

• (a) by Transport for London or any of its subsidiaries; or

• (b) by any other person in pursuance of an agreement entered into by Transport for London under section 156(2) or (3)(a) of this Act, or in pursuance of a transport subsidiary’s agreement, which provides that this Schedule is to apply to services provided in pursuance of that agreement.

• (2) References in the following provisions of this Schedule to a local service or to a train service are, unless the context otherwise requires, references to a local service or a train service to which this Schedule applies.

• (3) The penalty fare provisions have effect in relation to travel on any local service or train service or any part of such a service if an order under sub-paragraph (4) below is for the time being in force in respect of such service or part of a service.

• (4) The Mayor may by order provide that the penalty fare provisions shall have effect, as from such day as may be specified in the order, with respect to any local service or train service or any part of any local service or train service, and different days may be specified in any such order with respect to different services or different parts of any service.

• (5) The revocation by the Mayor of an order made under sub-paragraph (4) above shall be without prejudice to the power of the Mayor to make further orders under that sub-paragraph as respects any service or part of a service dealt with by the order.

• (6) Any activating order made by the Secretary of State under section 3(4) of the London Regional Transport (Penalty Fares) Act 1992 and in force immediately before the coming into force of sub-paragraph (4) above shall have effect as from the coming into force of that sub-paragraph as if it were an order made by the Mayor under that sub-paragraph.

• (7) For the purposes of this Schedule a reference to an agreement entered into by Transport for London under section 156(2) or (3) of this Act includes a reference to an agreement—

• (a) which was entered into by London Regional Transport under section 3(2) or (2A) of the London Regional Transport Act 1984, and

• (b) which by virtue of section 300 or 415 of this Act has effect as if made by Transport for London.

Penalty fares on local services

3

• (1) If a person travelling on a ticket bus service who has had a reasonable opportunity to obtain a fare ticket for a journey on that service fails to produce a fare ticket or a general travel authority on being required to do so by an authorised person, he shall be liable to pay a penalty fare if required to do so by an authorised person.

• (2) If a person travels on a non-ticket bus service without paying the fare properly payable for a journey on that service and, while so travelling, fails to produce a general travel authority on being required to do so by an authorised person, he shall be liable to pay a penalty fare if required to do so by an authorised person.

• (3) In this paragraph a “ticket bus service” means a local service on which fare tickets are issued in return for fares paid by persons travelling on that service, and a “non-ticket bus service” means a local service on which fare tickets are not so issued.

Penalty fares on trains

4

• (1) Subject to sub-paragraph (2) below, if a person travelling on a train service fails to produce a fare ticket or a general travel authority on being required to do so by an authorised person, he shall be liable to pay a penalty fare if required to do so by an authorised person.

• (2) Subject to sub-paragraph (3) below, a person shall not be liable to pay a penalty fare under this paragraph if at the time when and the station where he started to travel on the train service there were no facilities available for the sale of the necessary fare ticket for his journey.

• (3) A person who starts to travel on a train service by transferring to that service from a train service provided by a third person shall not be liable to pay a penalty fare under this paragraph if—

• (a) on being required to produce a fare ticket or general travel authority he produces a valid deferred fare authority issued by that person; or

• (b) at the time when and the station where he started to travel on the train service provided by that person there were no facilities for either the sale of the necessary fare ticket for his journey or the sale of deferred fare authorities.

• (4) Without prejudice to sub-paragraphs (2) or (3) above, a person shall not be liable to pay a penalty fare under this paragraph if at the time when and the station where his journey began—

• (a) there was displayed a notice (however expressed) indicating that it was permissible for passengers beginning a journey at that station at that time to do so without having a fare ticket or a general travel authority or (in the case of a station controlled by a third person) a deferred fare authority; or

• (b) a person in the uniform of the person controlling that station gave permission to the same effect.

• (5) In sub-paragraph (3) above, “deferred fare authority” means a ticket or other document described as such on its face; and a deferred fare authority is valid for the purposes of that paragraph if it authorises a person in possession of it to start a journey at the time when and the station where the person producing it started his journey.

• (6) Sub-paragraphs (7) and (8) below have effect with respect to the burden of proof in any action for the recovery of a penalty fare under this paragraph, so far as concerns the question whether the facts of the case fall within sub-paragraphs (2), (3)(b) or (4) above.

• (7) In any case where the defendant has provided the plaintiff with a relevant statement in due time it shall be for the plaintiff to show that the facts of the case do not fall within sub-paragraph (2), (3)(b) or (4) above and in any other case it shall be for the defendant to show that the facts of the case fall within any of those provisions.

• (8) For the purposes of sub-paragraph (7) above—

• (a) a relevant statement is a statement giving an explanation of the defendant’s failure to produce a fare ticket, general travel authority or (where relevant) deferred fare authority, together with any information as to his journey relevant to that explanation (including, in every case, an indication of the time when and the station where he started to travel on the train service and also, if he started so to travel when he transferred from a train service provided by a third person, the time when and the statio where he started to travel on that service); and

• (b) a statement is provided in due time if it is provided when the defendant is required to produce a fare ticket or general travel authority, or at any later time before the expiration of the period of 21 days beginning with the day following the day on which the journey is completed.

Amount of penalty fare

5

• (1) Subject to sub-paragraph (2) below, a penalty fare shall be—

• (a) in respect of any journey on a local service—

• (i) £50 except where sub-paragraph (ii) below applies, or

• (ii) £25 if it is paid before the end of the period of 21 days beginning with the day following the day on which the journey is completed; and

• (b) in respect of any train journey—

• (i) £50 except where sub-paragraph (ii) below applies, or

• (ii) £25 if it is paid before the end of the period of 21 days beginning with the day following the day on which the journey is completed,

and shall in all cases be payable to the person providing the service on which the requirement to pay the relevant fare is made.

• (2) The Mayor may by order prescribe that the amount of the penalty fare in any case set out in sub-paragraph (1) above shall be different (whether higher or lower).

• (3) No order may be made by the Mayor under sub-paragraph (2) above unless he has consulted the Secretary of State and—

• (a) such persons or bodies representative of local authorities,

• (b) such persons or bodies representative of those who travel on local services and train services, and

• (c) such other persons or bodies,

as the Mayor considers it appropriate to consult.

Documents in connection with penalty fare requirement

6

• (1) An authorised person who requires a person (referred to below as “the passenger”) to pay a penalty fare shall give him either a receipt for the payment of the amount of the penalty (where the passenger makes that payment to the authorised person) or a notice stating that the requirement has been made.

• (2) A receipt or notice given under sub-paragraph (1) above shall specify the passenger’s destination on the local service or train service on which he is travelling when required to pay the penalty fare, and shall operate as an authority to him to complete his journey to or at that destination.

• (3) For the purposes of sub-paragraph (2) above, the passenger’s destination shall (unless he is at that destination or only one destination is possible in the circumstances) be taken to be the destination stated by the passenger or, in default of any statement by him for that purpose, such destination as may be specified by the authorised person.

Supplementary provision

7

• (1) A person shall, if required to do so by an authorised person, give his name and address to him if—

• (a) he is required by the authorised person to pay a penalty fare, or

• (b) he would be liable to pay a penalty fare if so required by the authorised person.

• (2) A person failing to give his name and address when required to do so under sub-paragraph (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

• (3) Transport for London shall secure that the requirements of sub-paragraph (4) or, as the case may be, (5) below with respect to warning notices are met in the case of a local service or train service in relation to travel on which the penalty fare provisions have effect.

• (4) In the case of a local service, a warning notice meeting the requirements of sub-paragraphs (6) and (7) below shall be posted in every vehicle used in providing that service or, where any such vehicle has more than one deck, on each deck of that vehicle, in such a position as to be readily visible to persons travelling on the vehicle.

• (5) In the case of a train service, a warning notice meeting the requirements of sub-paragraphs (6) and (7) below shall be posted—

• (a) at every station at which persons may start to travel on that service, in such a position as to be readily visible to prospective passengers; and

• (b) in every carriage of every train used in providing that service in such a position as to be readily visible to passengers travelling in the carriage.

• (6) A warning notice posted pursuant to sub-paragraph (4) or (5) above shall (however expressed) indicate the circumstances (as provided in paragraph 3(1) or (2) above or, as the case may be, paragraph 4(1) above) in which persons travelling on the service in question may be liable to pay a penalty fare.

• (7) Every warning notice posted in pursuance of this paragraph shall state the amount of the relevant penalty fare.

• (8) Where an authorised person requires any person to do anything pursuant to any provision of this Schedule he shall, if so requested by the person concerned, produce to that person a duly authenticated document showing his authority.

• (9) A requirement by an authorised person shall be of no effect if, as respects that requirement, he fails to comply with sub-paragraph (8) above.

Exclusion of double liability

8

• (1) Where a person has become liable under paragraph 3 or 4 above to pay a penalty fare in respect of any journey on a local service or any train journey (referred to below as “the relevant journey”), no proceedings may be brought against him for any of the offences specified in sub-paragraph (3) below before the end of the period mentioned in paragraph 5(1) above.

• (2) No proceedings may be brought after the end of that period if—

• (a) before the end of that period, the person who has become liable to pay the penalty fare has paid it to the person providing the service on which the requirement to pay it was made; or

• (b) an action has been brought against the person who has become liable to pay the penalty fare for the recovery of that fare.

• (3) The offences mentioned in sub-paragraph (1) above are—

• (a) any offence under section 5(3)(a) or (b) of the Regulation of Railways Act 1889 (travelling without paying the correct fare with intent to avoid payment) arising from the relevant journey;

• (b) any offence under byelaws made under section 67 of the Transport Act 1962 or paragraph 26 of Schedule 11 to this Act (byelaws for railways, etc.) involving a failure to obtain or produce a fare ticket or general travel authority for the relevant journey; and

• (c) any offence under section 25(3) of the Public Passenger Vehicles Act 1981 of contravening or failing to comply with any provision of regulations for the time being having effect by virtue of that section by failing to pay the fare properly payable for the relevant journey or any part of it.

• (4) If proceedings are brought in contravention of this paragraph the person who has become liable to pay the penalty fare shall cease to be liable to pay it, but where that person has paid that fare, the person to whom it is paid shall be liable to repay to that person the amount of that fare.

Power to apply Schedule to certain other train services

9

• (1) This paragraph applies to any services for the carriage of passengers by railway which do not fall within paragraph 2(1) above but which—

• (a) are provided wholly within Greater London; and

• (b) are services, or services of a class or description, designated in an order made by the Secretary of State as services in relation to which this paragraph is to apply;

and in the following provisions of this paragraph any such services are referred to as “qualifying train services”.

• (2) The Mayor may, on the application of a person who provides qualifying train services, by order provide that this Schedule shall apply, from such date and with such modifications as may be specified in the order, to qualifying train services provided by that person.

• (3) The power to make an order under sub-paragraph (2) above includes power, exercisable in the same manner and subject to the same conditions and limitations, to revoke, amend or re-enact any such order.

• (4) Without prejudice to sub-paragraph (3) above, an order under sub-paragraph (2) above may specify circumstances in which the order shall cease to have effect before the expiry of any period specified in such an order.

• (5) An order under sub-paragraph (2) above, and any order revoking, amending or re-enacting such an order, may contain such incidental, supplemental, consequential or transitional provision as may appear to the Mayor to be necessary or expedient.

• (6) Where a person makes an application for an order under sub-paragraph (2) above, or for an order revoking, amending or re-enacting such an order, the Mayor may recover from that person payments in respect of the administrative costs reasonably incurred in connection with—

• (a) the application, and

• (b) if an order is made as a result of the application, the making of the order,

not exceeding £5,000 in the aggregate.

• (7) The Mayor shall secure that any order under sub-paragraph (2) above, and any order revoking, amending or re-enacting any such order, is printed and published.

• (8) A fee may be charged for the sale of an order printed and published under sub-paragraph (7) above.

• (9) Where any services become qualifying services by virtue of an order under sub-paragraph (1)(b) above, any order which—

• (a) is contained in a statutory instrument made by the Secretary of State,

• (b) makes provision for or in connection with the imposition of penalty fares on passengers travelling on those services, and

• (c) is in force immediately before this paragraph begins to apply to the services by virtue of the order under sub-paragraph (1)(b) above,

may, so far as relating to those services, be revoked under this paragraph as if it were an order under sub-paragraph (2) above.

• (10) This paragraph applies in relation to a tramway as it applies in relation to a railway.

• (11) In this paragraph “railway” and “tramway” have the meaning given by section 67(1) of the Transport and Works Act 1992.

Appeals

10

• (1) If requested to do so by the Mayor, the Secretary of State shall by regulations make provision enabling a person required to pay a penalty fare to appeal against that requirement.

• (2) Regulations under this paragraph may include provision—

• (a) for appeals to be heard and determined by independent adjudicators,

• (b) for the appointment of such adjudicators,

• (c) for requiring Transport for London to reconsider, before an appeal is determined, whether the appellant should be required to pay the penalty fare, and

• (d) for the adjudicator’s directions in relation to an appeal to be binding upon Transport for London and the appellant.

Repeal of London Regional Transport (Penalty Fares) Act 1992

11

The London Regional Transport (Penalty Fares) Act 1992 shall cease to have effect.

SCHEDULE 18 — London Transport Users’ Committee

Chairman and other members

1

If the Assembly so determines, there shall be paid to the chairman and other members of the Committee such remuneration as the Assembly may determine.

2

If the Assembly so determines in the case of a person who has been remunerated under paragraph 1 above as chairman a pension shall be paid to or in respect of that person, or payments towards the provision of a pension to or in respect of that person shall be made, in accordance with the determination.

3

If a person in receipt of remuneration under paragraph 1 above as chairman or another memberceases to hold that office, and it appears to the Assembly that there are special circumstances which make it right that that person should receive compensation, he shall be paid by way of compensation a sum of such amount as the Assembly may determine.

4

The Assembly shall provide the Committee with funds with which to make payments in accordance with any determination made by the Assembly under paragraphs 1 to 3 above.

Officers

5

• (1) The Committee may appoint such officers as appear to the Committee to be requisite for the performance of their functions.

• (2) Appointments made under sub-paragraph (1) are—

• (a) to be made in accordance with any rules of appointment made by the Authority, and

• (b) subject to the approval of the Assembly.

Remuneration

6

• (1) The Assembly shall provide the Committee with funds with which to pay—

• (a) to their members, such travelling and other allowances as the Assembly may determine, and

• (b) to their officers, such remuneration and such travelling and other allowances as the Committee may with the approval of the Assembly determine.

• (2) The Assembly shall provide the Committee with funds with which to defray such other expenses in connection with the Committee’s functions as the Assembly may determine to be appropriate.

• (3) The Committee shall prepare and send to the Assembly not less than two months, or such other period as the Assembly may specify, before the beginning of each financial year a statement of the expenses which they expect to incur in respect of that year for the purposes of, or in connection with, the carrying on of their functions.

• (4) The Assembly shall consider any statement sent to it under sub-paragraph (3) above and shall either approve the statement or approve it with such modifications as it considers appropriate.

Pensions

7

• (1) There shall be paid such pensions, or arrangements shall be made for the payment of such pensions, as the Assembly may determine to or in respect of such persons who are or have been officers of the Committee as the Assembly may determine.

• (2) The Assembly shall provide the Committee with funds with which to pay any such pension or to finance any such arrangements.

Accounts

8

• (1) The Committee shall keep accounting records which—

• (a) set out and explain the Committee’s financial transactions,

• (b) disclose with reasonable accuracy the financial status of the Committee at any time, and

• (c) enable the Committee to comply with the requirements of this Act in preparing any statement of accounts.

• (2) The Committee shall prepare in respect of each financial year a statement of accounts giving a true and fair view of—

• (a) the Committee’s financial status at the end of that year, and

• (b) the Committee’s income and expenditure for that year.

• (3) If the Assembly issues guidance to the Committee as to the preparation of a statement of accounts, the Committee shall prepare the statement of accounts in compliance with the direction.

• (4) A statement of accounts shall be audited by a person appointed by the Assembly as auditor to do so.

• (5) A person shall not be qualified to be appointed as auditor unless—

• (a) he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006 (eligibility for appointment as company auditor), and

• (b) if the appointment were an appointment as a statutory auditor, he would not be prohibited from acting by section 1214 of that Act (independence requirement).

• (6) As soon as reasonably practicable after a statement of accounts has been audited, the auditor shall send a copy to the Assembly.

• (7) The Committee’s financial year shall be such period as may be determined by the Assembly and notified to the Committee.

Accommodation

9

The Assembly may after consultation with the Secretary of State make arrangements for the Committee to be provided with office accommodation.

Constitution and procedure

10

• (1) The persons appointed to be members of the Committee shall hold and vacate office in accordance with the terms of their respective appointments and shall, on ceasing to be members of the Committee, be eligible for reappointment.

• (2) Any person so appointed may at any time by notice in writing to the Assembly resign his office.

11

• (1) The Committee shall meet—

• (a) at least twice a year; and

• (b) whenever convened by the chairman.

• (2) Without prejudice to the discretion of the chairman to call a meeting whenever he thinks fit, he shall call a meeting when required to do so by any three members of the Committee.

• (3) Minutes shall be kept of the proceedings of every meeting of the Committee; and copies of those minutes shall be sent to the Assembly, the Secretary of State and the Passengers’ Council.

• (4) Subject to the provisions of this Schedule the Committee shall determine their own procedure (including the quorum at meetings of the Committee).

12

The Committee may delegate the exercise and performance of any of their functions to such sub-committees of the Committee as they think fit.

13

• (1) A sub-committee of the Committee may with the consent of the Assembly include persons who are not members of the Committee.

• (2) Where a person who is not a member of the Committee is a member of such a sub-committee, the Committee may pay to that person such travelling and other allowances in respect of that person’s membership of the sub-committee as the Committee may determine.

14

The validity of any proceedings of the Committee shall not be affected by any vacancy amongst the members or by any defects in the appointment of a member.

Admission of public to meetings.

15

• (1) Subject to sub-paragraph (2) below, meetings of the Committee shall be open to the public.

• (2) The public shall be excluded during any item of business where—

• (a) it is likely, were members of the public to be present during that item, that information furnished in confidence to the Committee by the Office of Rail and Road or the Secretary of State would be disclosed in breach of the obligation of confidence;

• (b) the Committee have resolved that, by reason of the confidential nature of the item or for other special reasons stated in the resolution, it is desirable in the public interest that the public be excluded; or

• (c) it is likely, were members of the public to be present during that item, that there would be disclosed to them—

• (i) any matter which relates to the affairs of an individual, or

• (ii) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate,

where public disclosure of that matter would or might, in the opinion of the committee, seriously and prejudicially affect the interests of that individual or body.

• (3) The Committee shall give such notice—

• (a) of any meeting of the Committee which is open to the public, and

• (b) of the business to be taken at that meeting (other than items during which the public is to be excluded),

as they consider appropriate for the purpose of bringing the meeting to the attention of interested members of the public.

Investigation of complaints

16

• (1) Section 25 of the Local Government Act 1974 (authorities subject to investigation by the Commission for Local Administration) shall be amended as follows.

• (2) In subsection (1)—

• (a) the word “and” preceding paragraph (d) shall cease to have effect; and

• (b) at the end of paragraph (d) there shall be inserted

; and (e) the London Transport Users’ Committee.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 19 — Amendment of enactments relating to the London Regional Passengers’ Committee

The Transport Act 1962

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Chronically Sick and Disabled Persons Act 1970

2

In section 14 of the Chronically Sick and Disabled Persons Act 1970 (regard to be had to the desirability of appointing persons with experience of the needs of disabled persons to statutory committees) for “London Regional Passengers’ Committee” there shall be substituted “ London Transport Users’ Committee ”.

The House of Commons Disqualification Act 1975

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Transport Act 1985

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Railways Act 1993

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 20 — Hackney carriages

Part I — Transfers of functions and amendments

The London Hackney Carriages Act 1843

1

• (1) All the jurisdiction, powers, authorities, privileges, interests and duties which, immediately before the coming into force of this paragraph, were vested in or exercisable by the Commissioners of Police of the Metropolis by virtue of section 2 of the London Hackney Carriages Act 1850 (transfer of functions of registrar of metropolitan public carriages to Commissioners of Police of the Metropolis) are transferred to and vested in Transport for London by this sub-paragraph.

• (2) The London Hackney Carriages Act 1843 shall accordingly be amended as follows.

• (3) For “the registrar” and “the said registrar”, wherever occurring, there shall be substituted “ Transport for London ”.

• (4) In section 18 (licences and tickets to be delivered up on discontinuance of licence) for “him” there shall be substituted “ Transport for London ”.

• (5) In section 19 (new tickets to be delivered instead of defaced or lost tickets) for “for the use of Her Majesty” there shall be substituted “ to Transport for London ”.

The London Hackney Carriages Act 1850

2

• (1) The London Hackney Carriages Act 1850 shall be amended as follows.

• (2) In section 4 (standings for hackney carriages to be appointed and regulated by the Commissioners of Police of the Metropolis)—

• (a) for “the said Commissioners of Police” and, where first and second occurring, “the said commissioners” there shall be substituted “ Transport for London ”;

• (b) for “signed by one of the said commissioners” there shall be substituted “ signed by a person authorised for the purpose by Transport for London ”;

• (c) for “the office of the Commissioners of Police in the City of Westminster” there shall be substituted “ the offices of Transport for London ”;

• (d) for “the signature of the said commissioner” there shall be substituted “ the aforesaid signature ”.

The London Hackney Carriage Act 1853

3

• (1) The London Hackney Carriage Act 1853 shall be amended as follows.

• (2) In section 2 (powers of inspection of carriages etc) for—

• (a) “the said Commissioners of Police”, and

• (b) “the said commissioners”, in both places where those words occur,

there shall be substituted “ Transport for London ”.

• (3) In section 17 (penalties for offences) in paragraph 1 (excessive fares and refusal to carry authorised number of passengers or reasonable quantity of luggage) for “the said Commissioners of Police” there shall be substituted “ Transport for London ”.

• (4) In section 20 (powers of Commissioners of Police etc) for the words from the beginning to “appoint; and” there shall be substituted “ In this Act ”.

The London Hackney Carriage (No. 2) Act 1853

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Metropolitan Public Carriage Act 1869

5

• (1) The Metropolitan Public Carriage Act 1869 shall be amended as follows.

• (2) In section 4 (interpretation)—

• (a) for the definition of “Prescribed” there shall be substituted the following definitions—

“London cab order” shall mean an order made by Transport for London. “Prescribed” shall mean prescribed by London cab order.

; and

• (b) at the end of the section there shall be added the following paragraph—

Any power to make a London cab order under this Act includes power to vary or revoke a previous such order.

• (3) For section 6 (grant of hackney carriage licences) there shall be substituted—

(6) (1) Transport for London shall have the function of licensing to ply for hire within the limits of this Act hackney carriages, to be distinguished in such manner as may be prescribed. (2) A licence under this section may— (a) be granted on such conditions, (b) be in such form, (c) be subject to revocation or suspension in such event, and (d) generally be dealt with in such manner, as may be prescribed. (3) Subsection (2) of this section is subject to the following provisions of this section. (4) A licence under this section shall, if not revoked or suspended, be in force for one year. (5) A fee of such amount (if any) as Transport for London may determine shall be paid to Transport for London— (a) by any applicant for a licence under this section, on making the application for the licence; (b) by any applicant for the taking or re-taking of any test or examination, or any part of a test or examination, with respect to any matter of fitness, on making the application for the taking or re-taking of the test, examination or part; and (c) by any person granted a licence under this section, on the grant of the licence. (6) In paragraph (b) of subsection (5) of this section “matter of fitness” means— (a) any matter as respects which Transport for London must be satisfied before granting a licence under this section; or (b) any matter such that, if Transport for London is not satisfied with respect to the matter, they may refuse to grant a licence under this section. (7) Different amounts may be determined under subsection (5) of this section for different purposes or different cases. (8) Transport for London may remit or refund the whole or part of a fee under subsection (5) of this section. (9) Provision shall be made by London cab order— (a) for the transfer of a licence under this section to the widow or to any child of full age of any person to whom such a licence has been granted who may die during the continuance of the licence leaving a widow or child of full age; and (b) for the transfer of a licence under this section to the husband of any woman to whom such a licence has been granted and who marries during the continuance of the licence.

• (4) In section 7 (penalty on use of unlicensed carriage) the words “by the said Secretary of State” shall cease to have effect.

• (5) For section 8 (hackney carriage to be driven by licensed drivers) there shall be substituted—

(8) (1) Transport for London shall have the function of licensing persons to be drivers of hackney carriages. (2) No hackney carriage shall ply for hire within the limits of this Act unless under the charge of a driver having a licence under this section from Transport for London. (3) If any hackney carriage plies for hire in contravention of this section— (a) the person driving the carriage, and (b) the owner of the carriage, unless he proves that the driver acted without his privity or consent, shall each be liable to a penalty not exceeding level 3 on the standard scale. (4) Transport for London may send to the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London— (a) details of a person to whom Transport for London is considering granting a licence under this section, and (b) a request for the Commissioner’s observations; and the Commissioner shall respond to the request. (5) A licence under this section may— (a) be granted on such conditions, (b) be in such form, (c) be subject to revocation or suspension in such event, and (d) generally be dealt with in such manner, as may be prescribed. (6) Subsection (5) of this section is subject to the following provisions of this section. (7) A licence under this section shall, if not revoked or suspended, be in force for three years. (8) A fee of such amount (if any) as Transport for London may determine shall be paid to Transport for London— (a) by any applicant for a licence under this section, on making the application for the licence; (b) by any applicant for the taking or re-taking of any test or examination, or any part of a test or examination, with respect to any matter of fitness, on making the application for the taking or re-taking of the test, examination or part; and (c) by any person granted a licence under this section, on the grant of the licence. (9) In paragraph (b) of subsection (8) of this section “matter of fitness” means— (a) any matter as respects which Transport for London must be satisfied before granting a licence under this section; or (b) any matter such that, if Transport for London is not satisfied with respect to the matter, they may refuse to grant a licence under this section. (10) Different amounts may be determined under subsection (8) of this section for different purposes or different cases. (11) Transport for London may remit or refund the whole or part of a fee under subsection (8) of this section.

• (6) In section 9 (regulations as to hackney and stage carriages)—

• (a) for “The said Secretary of State may from time to time by order” there shall be substituted “ Transport for London may from time to time by London cab order ”;

• (b) in paragraph (1) of the restrictions (consents required for stands in the City appointed by the Secretary of State) for “the Secretary of State” there shall be substituted “ Transport for London ”; and

• (c) at the end of the restrictions there shall be added—

(4) Any power of Transport for London to fix by regulations made by London cab order under this section any rates or fares to be paid for hackney carriages is exercisable subject to and in accordance with any directions given to Transport for London by the Mayor of London as to the basis on which those rates or fares are to be calculated.

• (7) In section 10 (power of Secretary of State to annex penalty for breach of order) for “Where the Secretary of State is authorised to make any order under this Act, he” there shall be substituted “ Where Transport for London is authorised to make a London cab order under this Act, Transport for London ”.

• (8) For section 11 (other persons by whom licences may be granted) there shall be substituted—

(11) Any licence which may be granted by Transport for London under this Act may, if Transport for London so directs, be granted by such person as may be appointed for the purpose in the direction.

• (9) In section 12 (powers to carry Act into execution)—

• (a) for “The said Secretary of State” there shall be substituted “ Transport for London ”; and

• (b) for “he”, in both places where it occurs, there shall be substituted “ Transport for London ”.

• (10) In section 14 (power to affix placards etc to lamp posts) for “The Commissioner of the Metropolitan Police” there shall be substituted “ Transport for London ”.

• (11) In section 15 (existing Acts to continue in force) for “by any order or regulation of the said Secretary of State” there shall be substituted “ by any London cab order ”.

The London Cab and Stage Carriage Act 1907

6

• (1) The London Cab and Stage Carriage Act 1907 shall be amended as follows.

• (2) In section 1(1) (power of Secretary of State to fix, by order under section 9 of the 1869 Act, fares for cabs fitted with taximeters)—

• (a) for “The Secretary of State” there shall be substituted “ Transport for London ”;

• (b) after “regulations made” there shall be inserted “ by London cab order ”.

• (3) At the end of section 1 there shall be inserted—

(3) The power conferred by subsection (1) of this section is subject to paragraph (4) of the restrictions specified in section nine of the said Act of 1869.

• (4) In section 2 (abolition of privileged cab system)—

• (a) in subsection (1) (charges for admission to railway station not to exceed sum allowed by Secretary of State) for “the Secretary of State” there shall be substituted “ Transport for London ”; and

• (b) in subsection (2) (power of Secretary of State by order to suspend or modify the section in relation to a station if satisfied of insufficient supply of cabs at the station)—

• (i) for “the Secretary of State”, in both places, there shall be substituted “ Transport for London ”; and

• (ii) for “by order” there shall be substituted “ by London cab order ”.

• (5) In section 6 (definitions) in subsection (1)—

• (a) after the definition of the expression “fare” there shall be inserted “ the expression “London cab order” has the same meaning as in the Metropolitan Public Carriage Act 1869 ”; and

• (b) in the definition of “taximeter” (which requires the device to be approved by or on behalf of the Secretary of State) for “the Secretary of State” there shall be substituted “ Transport for London ”.

• (6) At the end of that section there shall be added—

(4) Any power to make a London cab order under or by virtue of this Act includes power to vary or revoke a previous such order.

The London Cab Act 1968

7

• (1) The London Cab Act 1968 shall be amended as follows.

• (2) In section 1(1) (which extends the power of the Secretary of State to set fares under the Acts of 1869 and 1907) for “the Secretary of State” there shall be substituted “ Transport for London ”.

• (3) After subsection (1) of section 1 there shall be inserted—

(1A) The power conferred by subsection (1) of this section is subject to paragraph (4) of the restrictions specified in section 9 of the said Act of 1869.

• (4) In section 2 (power to increase length of obligatory journeys)—

• (a) in subsection (1) (the power)—

• (i) for “The Secretary of State” there shall be substituted “ Transport for London ”;

• (ii) for “by order” there shall be substituted “ by London cab order ”; and

• (ii) for “him” there shall be substituted “ Transport for London ”;

• (b) in subsection (2) (power to limit application of order) for “An order” there shall be substituted “ A London cab order ”;

• (c) in subsection (3) (power includes power to vary or revoke previous orders and is exercisable by statutory instrument subject to negative parliamentary procedure)—

• (i) for “orders” there shall be substituted “ London cab orders ”;

• (ii) after “previous” there shall be inserted “ such ”; and

• (iii) the words from “and shall be exercisable” to the end of the subsection shall cease to have effect; and

• (d) in subsection (4) (duty to consult before making order)—

• (i) for “any order” there shall be substituted “ any London cab order ”;

• (ii) for “the Secretary of State” there shall be substituted “ Transport for London ”; and

• (iii) for “him” and “he” there shall be substituted “ Transport for London ”.

• (5) In section 4A (power of Secretary of State by order to prohibit signs etc on private hire cars)—

• (a) in subsection (1)—

• (i) for “The Secretary of State” there shall be substituted “ Transport for London ”; and

• (ii) for “by order” there shall be substituted “ by London cab order ”;

• (b) in subsection (2), for “by an order” there shall be substituted “ by a London cab order ”;

• (c) in subsection (3) (power includes power to vary or revoke previous orders and is exercisable by statutory instrument subject to negative parliamentary procedure)—

• (i) for “orders” there shall be substituted “ London cab orders ”;

• (ii) after “previous” there shall be inserted “ such ”; and

• (iii) the words from “and shall be exercisable” to the end of the subsection shall cease to have effect;

• (d) in subsection (4) (duty to consult before making order)—

• (i) for “order” there shall be substituted “ London cab order ”;

• (ii) for “the Secretary of State” there shall be substituted “ Transport for London ”; and

• (iii) for “him” and “he” there shall be substituted “ Transport for London ”; and

• (e) in subsection (5) (relationship to section 4) for “an order” there shall be substituted “ a London cab order ”.

• (6) After section 4A there shall be inserted—

(4B) (1) In this Act, “London cab order” means an order made by Transport for London. (2) Any power to make a London cab order under or by virtue of this Act includes power to vary or revoke a previous such order.

The Transport Act 1985

8

• (1) The Transport Act 1985 shall be amended as follows.

• (2) In section 10 (immediate hiring of taxis at separate fares)—

• (a) in subsection (3)(a) (meaning of “licensing authority” in relation to the London taxi area) for “the Secretary of State”, in both places, there shall be substituted “ Transport for London ”;

• (b) in subsection (5)(c), the words “if made otherwise than by the Secretary of State” shall cease to have effect;

• (c) in subsection (8), the words “Except in the case of a scheme made by the Secretary of State,” shall cease to have effect; and

• (d) subsection (10) (power of Secretary of State to make scheme exercisable by order) shall cease to have effect.

• (3) In section 17 (London taxi and taxi driver licensing: appeals)—

• (a) in subsections (2), (5), (8)(a) and (b) and (9) (which relate to reconsideration or appeal within the prescribed period) for “prescribed period”, in each place, there shall be substituted “ designated period ”;

• (b) in subsection (10), after the definition of “the appropriate court” there shall be inserted the following definitions—

“designated period” means such period as may be specified for the purpose by London cab order; “London cab order” means an order made by Transport for London

; and

• (c) after subsection (10) there shall be added—

(11) Any power to make a London cab order under this section includes power to vary or revoke a previous such order.

Part II — Transitional provisions

Saving

9

This Part of this Schedule is without prejudice to the provision that may be made under any power conferred on a Minister of the Crown by this Act to make subordinate legislation, within the meaning of the Interpretation Act 1978.

The London Hackney Carriages Act 1843

10

• (1) Any licence to act as driver of hackney carriages—

• (a) which was issued under section 8 of the London Hackney Carriages Act 1843 by or on behalf of the Commissioner of Police of the Metropolis, and

• (b) which is in force immediately before the coming into force of paragraph 1 above,

shall have effect as from the coming into force of that paragraph as if it had been issued by Transport for London.

• (2) Any metal ticket—

• (a) which was issued under that section by or on behalf of the Commissioner of Police of the Metropolis, and

• (b) which is in force immediately before the coming into force of paragraph 1 above,

shall have effect as from the coming force of that paragraph as if it had been issued by Transport for London.

The London Hackney Carriages Act 1850

11

Any regulations made or other thing done under section 4 of the London Hackney Carriages Act 1850 by or on behalf of a Commissioner of Police of the Metropolis and in force or otherwise having effect immediately before the coming into force of paragraph 2 above shall have effect as from the coming into force of that paragraph as if made or done by or, in the case of a signature, by a person authorised for the purpose by, Transport for London.

The London Hackney Carriage Act 1853

12

Any notice given under section 2 of the London Hackney Carriage Act 1853 and having effect immediately before the coming into force of sub-paragraph (2) of paragraph 3 above shall have effect as from the coming into force of that sub-paragraph as a notice given by Transport for London.

The London Hackney Carriage (No. 2) Act 1853

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Metropolitan Public Carriage Act 1869

14

• (1) Any order—

• (a) made by or on behalf of the Secretary of State under or by virtue of any enactment contained in the Metropolitan Public Carriage Act 1869, and

• (b) in force immediately before the coming into force of any provision of paragraph 5 above in relation to that enactment,

shall, to the extent that the provision made by the order could be made by Transport for London, have effect as from the coming into force of that provision in relation to that enactment as a London cab order, but with the substitution for references to the Secretary of State of references to Transport for London.

• (2) Any licence granted under section 6 or 8 of that Act and in force immediately before the coming into force of sub-paragraph (3) or (5) of paragraph 5 above in relation to that section shall have effect as from the coming into force of that sub-paragraph in relation to that section as a licence granted under that section by Transport for London.

• (3) Any suspension or revocation of a licence under section 6 or 8 of that Act having effect immediately before the coming into force of sub-paragraph (3) or (5) of paragraph 5 above shall have effect as from the coming into force of that sub-paragraph in relation to that section as the suspension or revocation of the licence by Transport for London.

• (4) Any appointment made under section 12 of that Act by the Secretary of State and in force immediately before the coming into force of sub-paragraph (9) of paragraph 5 above shall have effect as from the coming into force of that sub-paragraph as an appointment made by Transport for London.

The London Cab and Stage Carriage Act 1907

15

• (1) Any regulations made by the Secretary of State by order by virtue of section 1 of the London Cab and Stage Carriage Act 1907 and in force immediately before the coming into force of sub-paragraph (2) of paragraph 6 above shall have effect as from the coming into force of that paragraph as regulations made by London cab order by virtue of that section.

• (2) Any sum for the time being allowed by the Secretary of State under subsection (1) of section 2 of that Act immediately before the coming into force of paragraph (a) of sub-paragraph (4) of paragraph 6 above shall have effect as from the coming into force of that paragraph as the sum for the time being allowed under that subsection by Transport for London until such time as Transport for London allow a different sum.

• (3) Any order made by the Secretary of State under section 2 of that Act and in force immediately before the coming into force of paragraph (b) of sub-paragraph (4) of paragraph 6 above shall have effect as from the coming into force of that paragraph as a London cab order.

• (4) Any approval given by or on behalf of the Secretary of State for the purposes of the definition of “taximeter” in section 6(1) of that Act and in force immediately before the coming into force of the amendment made by paragraph (b) of sub-paragraph (5) of paragraph 6 above shall have effect as from the coming into force of that amendment as an approval given by Transport for London.

The London Cab Act 1968

16

• (1) Any order made by the Secretary of State under section 2 of the London Cab Act 1968 and in force immediately before the coming into force of paragraph (a) of sub-paragraph (4) of paragraph 7 above shall have effect as from the coming into force of that paragraph as a London cab order.

• (2) Any order made by the Secretary of State under section 4A of that Act and in force immediately before the coming into force of paragraph (a) of sub-paragraph (5) of paragraph 7 above shall have effect as a London cab order as from the coming into force of that paragraph.

The Transport Act 1985

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• (1) Any scheme made under section 10 of the Transport Act 1985 by the Secretary of State and in force immediately before the coming into force of paragraph (a) of sub-paragraph (2) of paragraph 8 above shall have effect as from the coming into force of that paragraph as a scheme made by Transport for London.