Legalize / United Kingdom / Public General Act

Greater London Authority Act 1999

Type Public General Act

Publication 1999-11-11

Last updated 2026-08-05

State In force

Department Statute Law Database

Source legislation.gov.uk

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(2) The information shall be made available, in such manner as Transport for London thinks fit, to—

(a) the general public, and

(b) such other persons as Transport for London thinks fit.

(3) Transport for London may make such charges as it thinks fit for information which it makes available; but no such charge may be made if the information relates to public passenger transport services provided exclusively—

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

(b) by other persons under any transport subsidiary’s agreement or under agreements entered into under section 156(2) or (3) above.

Property and subsidiaries

Restrictions on disposal of land.

163

(1) Neither Transport for London nor the Authority shall by virtue of any provision of this Act—

(a) dispose of the freehold interest in any land which is or has been operational land, or

(b) grant a leasehold interest in such land for a term of more than fifty years,

without the consent of the appropriate person.

(2) Where an estate or interest in, or right over, any land which is or has been operational land is vested in a company which is a subsidiary of Transport for London, Transport for London shall not, without the consent of the appropriate person, enter into any transaction or series of transactions the result of which would be that the company would cease to be a subsidiary of Transport for London.

(3) Consent is not required under this section by reason of any land having been operational land if a period of at least five years has elapsed since the land was last operational land.

(4) The Secretary of State may by order amend subsection (3) above by substituting a different period for that for the time being there specified.

(4A) Transport for London must consult Network Rail Limited, or a subsidiary of Network Rail Limited nominated by Network Rail Limited, before seeking from the appropriate person—

(a) consent under subsection (1) in relation to land used by Network Rail, or

(b) consent under subsection (2) in relation to a company in which is vested land used by Network Rail.

(4B) The Secretary of State may by regulations—

(a) amend subsection (4A) by adding or removing a person who must be consulted under that subsection;

(b) amend this section to include other requirements for Transport for London to consult before seeking a consent under this section.

(5) Any consent—

(a) of the appropriate person under this section may be given in relation to any particular transaction or description of transactions; and

(b) of the Secretary of State under this section may be given subject to conditions.

(6) Any consent under this section must be given in writing.

(7) Any question whether land is operational land within the meaning of this section shall be determined by the appropriate person.

(8) In this section—

“appropriate person” means—in relation to consent under subsection (1)—the Mayor of London, in a case where the consent relates to land which is entirely within Greater London and is not Crown land;the Secretary of State, in case where the consent relates to any other land;in relation to consent under subsection (2)—the Mayor of London, in a case where all the operational land vested in the subsidiary company is entirely within Greater London and is not Crown land;the Secretary of State, in any other case;

“Crown land” means land in which the Crown has any estate or interest, or over which the Crown has any right;

“land used by Network Rail” means—land that is used wholly or partly for the provision of network services by Network Rail; andland that is used by Network Rail wholly or partly for a purpose ancillary or incidental to use of land that falls within paragraph (a);

“Network Rail” means Network Rail Limited or any subsidiary of Network Rail Limited;

“network services” has the same meaning as in Part 1 of the Railways Act 1993 (see section 82 of that Act);

operational land means—land which is used for the purpose of carrying on any railway or tramway undertaking of Transport for London’s or of a subsidiary of Transport for London’s; andland in which an interest is held for that purpose;but paragraphs (a) and (b) above do not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of a railway or tramway undertaking;

railway and tramway shall be construed in accordance with section 67 of the Transport and Works Act 1992.

(9) For the purposes of this section, land—

(a) which has at any time been used, or

(b) in which an interest has at any time been held,

for the purpose of carrying on a railway or tramway undertaking of London Regional Transport’s, or of a subsidiary of London Regional Transport’s, shall be treated as if that undertaking had at that time been an undertaking of Transport for London’s or of a subsidiary of Transport for London’s (and any question whether the land was, or had ceased to be, operational land at any time shall be determined accordingly).

Control of subsidiaries.

164

The powers of the Authority and the powers of Transport for London shall be exercised so as to ensure that a subsidiary of Transport for London—

(a) does not do anything which Transport for London has no power to do (including anything which Transport for London has no power to do because the consent of the Secretary of State or Mayor has not been obtained),

(b) does not do anything which the Mayor has directed Transport for London not to do, and

(c) does not, except with the consent of the Mayor, raise money by the issue of shares or stock to any person other than Transport for London or any other subsidiary of Transport for London.

Distribution of property, rights and liabilities.

165

(1) Transport for London may make schemes for the transfer of property, rights and liabilities—

(a) between Transport for London and any subsidiary of Transport for London; or

(b) between any subsidiary of Transport for London and any other such subsidiary.

(2) A scheme under this section shall not take effect unless and until it has been approved by the Mayor.

(3) Where a scheme under this section is submitted to the Mayor for his approval, he may, after consultation with Transport for London, modify the scheme before approving it.

(4) Schedule 12 to this Act (which makes further provision in relation to schemes under this section) shall have effect.

Functions relating to legislation

Procedure for making byelaws.

166

(1) Section 236 of the Local Government Act 1972 (procedure for byelaws) shall be amended as follows.

(2) In subsection (1) after the words “the Greater London Authority” (which are inserted by section 76(2) above) there shall be inserted “ ,Transport for London ”.

(3) After subsection (10B) (which is inserted by section 76(3) above) there shall be inserted—

(10C) Transport for London shall send a copy of every byelaw made by it, and confirmed, to— (a) the Mayor of London; (b) each London Borough Council; and (c) the Common Council.

Power of Transport for London to promote or oppose Bills in Parliament.

167

(1) Transport for London—

(a) may promote a local Bill in Parliament; and

(b) may oppose any local Bill in Parliament.

(2) Subsection (1)(a) above applies only if the Authority—

(a) gives its written consent to the Bill; and

(b) confirms that consent in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.

(3) If the Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to Transport for London, which shall take all necessary steps for the withdrawal of the Bill.

(4) If the Authority, in giving notice under subsection (3) above, states that it confirms its consent to the Bill if provisions specified in the notice are omitted or are amended as so specified, Transport for London may, instead of withdrawing the Bill pursuant to subsection (3) above, take all necessary steps for the omission or, as the case may be, the amendment of the provisions in question in accordance with the notice.

(5) Without prejudice to subsections (2) to (4) above, the functions conferred on Transport for London by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule 13 to this Act.

(6) Subsection (1)(b) above applies only if the Authority gives its written consent to Transport for London to oppose the Bill.

(7) If—

(a) Transport for London deposits a petition against a Bill in Parliament, but

(b) the consent required by subsection (6) above has not been given before the end of the period of 30 days following the day on which the petition is deposited,

Transport for London shall take all necessary steps for the withdrawal of the petition.

(8) The functions conferred or imposed on the Authority by this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.

(9) Before exercising the functions conferred on the Authority by subsection (2)(a) or (b), (4) or (6) above, the Mayor shall consult the Assembly.

Orders under the Transport and Works Act 1992.

168

(1) Section 20 of the Transport and Works Act 1992 (power to apply for, or object to, orders) shall be amended as follows.

(2) In subsection (2) (powers to be subject to the like conditions as powers to promote or oppose Bills) after except as provided by subsection (3) there shall be inserted “ or (4) ”.

(3) After subsection (3) there shall be inserted—

(4) In the case of Transport for London— (a) the powers conferred by subsection (1) above shall be exercisable with the written consent of the Mayor of London; and (b) subsection (2) above shall not have effect.

Interpretation

Meaning of transport subsidiary’s agreement.

169

(1) In this Act transport subsidiary’s agreement means an agreement with a person (the contractor)—

(a) which is entered into by, or transferred to, a subsidiary of Transport for London, and

(b) which falls within subsection (2) or (3) below.

(2) An agreement falls within this subsection if it includes provision for the carrying on by the contractor, whether as agent for the subsidiary or otherwise, of any activities which Transport for London has power to carry on; and such an agreement may include provision with respect to the provision or financing of any public passenger transport services.

(3) An agreement falls within this subsection if it includes provision for the carrying on by the contractor of any activities which Transport for London does not have power to carry on and also provision for one or more of the following, namely—

(a) the carrying on by the contractor of such activities as are mentioned in subsection (2) above;

(b) the provision by the contractor to the subsidiary of services ancillary to the provision of public passenger transport services; and

(c) the use by the contractor of land or other property owned by Transport for London or a subsidiary of Transport for London, or transferred to the contractor by Transport for London or a subsidiary of Transport for London, for the purposes of the agreement.

Chapter III — London Regional Transport

Powers of disposal.

170

(1) Section 9 of the London Regional Transport Act 1984 (powers of disposal) shall be amended as follows.

(2) In subsection (1)(a) (power to dispose of securities of one of their subsidiaries) for one of their subsidiaries there shall be substituted “ any subsidiary of theirs ”.

(3) At the end of the section there shall be added—

(8) In this section— - disposal means disposal— 1. by way of sale, exchange or lease, 2. by way of the grant of any option or the creation of any easement, right or privilege, or 3. in any other manner, except by way of appropriation or mortgage, - lease includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage.

Power to give guarantees.

171

(1) Section 17 of the London Regional Transport Act 1984 (power of London Regional Transport to give financial assistance to subsidiaries and other bodies or persons) shall be amended as follows.

(2) In subsection (2) after section 3(2) there shall be inserted “ or (2A) ”.

(3) After subsection (3) there shall be inserted—

(3A) London Regional Transport may enter into arrangements with another person under which that person gives a guarantee which London Regional Transport has power to give under this section. (3B) Where London Regional Transport enters into arrangements by virtue of subsection (3A) above, the arrangements may provide for London Regional Transport to indemnify the person who gives the guarantee.

Supplementary provisions with respect to transfer schemes.

172

(1) Section 27 of the London Regional Transport Act 1984 (supplementary provisions with respect to transfer schemes) shall be amended as follows.

(2) In subsection (9) (modifications of Schedule 4 to the Transport Act 1968 in its application by subsection (8)) the word and at the end of paragraph (a) shall be omitted and after that paragraph there shall be inserted—

(aa) the reference in paragraph 1(1) to all property, rights and liabilities comprised in a specified part of the transferor’s undertaking shall be read as including a reference to all such property, rights and liabilities subject to such exceptions as may be specified or described, or otherwise provided for, by the transfer scheme in question; (ab) the reference in paragraph 13(1) to requiring the consent or concurrence of any person shall be read as including— (i) a reference to being (and, where applicable, continuing after the transaction) in breach of any condition, requirement or restriction, and (ii) a reference to any relevant right or option operating or becoming exercisable, (and any such relevant right or option shall accordingly have effect as if the transferee were the same person in law as the transferor and no transaction had taken place); and

(3) After subsection (9) there shall be inserted—

(10) In subsection (9)(ab) above relevant right or option means any right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property, or any right to terminate or vary a contract.

Chapter IV — Public passenger transport

Provision of public passenger transport.

173

(1) Transport for London may provide or secure the provision of public passenger transport services to, from or within Greater London.

(2) Without prejudice to section 176 below, any agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above may in particular provide for—

(a) combined services for the through carriage of passengers or goods to be provided by Transport for London or any of its subsidiaries and any other party to the agreement, the quoting of through rates and the pooling of receipts and expenses in respect of such services;

(b) securing efficiency, economy and safety of operation in the provision of any public passenger transport services in pursuance of the agreement;

(c) the exercise by Transport for London, in accordance with the agreement, of control over fares in respect of any such services and their routes and frequency of operation and over charges in respect of any other facilities provided in pursuance of the agreement; and

(d) the making of payments by Transport for London to any other party to the agreement.

Structure of fares and services.

174

(1) The Mayor shall exercise his powers under section 155(1) above so as ensure that the matters specified in subsection (2) below are determined.

(2) The matters mentioned in subsection (1) above are—

(a) the general level and structure of the fares to be charged for public passenger transport services provided by Transport for London or by any other person in pursuance of any agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary’s agreement;

(b) the general structure of routes of such services and the general level of provision to be made with respect to their frequency of operation; and

Co-operation with the Strategic Rail Authority.

175

(1) It shall be the duty of Transport for London (either acting directly, or acting through a subsidiary) and the Secretary of State to co-operate with one another in the exercise and performance of their respective functions for the purpose—

(a) of co-ordinating the passenger transport services for persons travelling to, from and within Greater London—

(i) which are provided by Transport for London or any of its subsidiaries, and

(ii) which are provided under franchise agreements, or are secured services (within the meaning of Part 4 of the Railways Act 2005) provided by or on behalf of the Secretary of State ; and

(b) of securing or facilitating the duty of Transport for London under section 154(3) above;

...

(1A) Before—

(a) issuing an invitation to tender for a franchise agreement in a case in which the services to be provided under the agreement are or include London railway passenger services, or

(b) entering into a franchise agreement in respect of such services in a case in which no such invitation has been issued,

the Secretary of State must consult Transport for London.

(1B) The Secretary of State and Transport for London must each provide to the other any information which—

(a) the other reasonably requires for a purpose mentioned in subsection (1)(a) or (b); and

(b) is information which it would have been lawful for him or (as the case may be) it to disclose apart from this subsection.

(2) For the purposes of the co-operation required under subsection (1) above, Transport for London and the Secretary of State may enter into such arrangements with one another with respect to the exercise and performance of their respective functions on such terms as may appear to them to be expedient.

(2A) Those arrangements may include arrangements under which sums become due from Transport for London to the Secretary of State—

(a) in respect of London railway passenger services;

(b) in respect of station services provided in connection with such services; or

(3) The references in subsections (1) and (2) above to the functions of the Secretary of State shall be taken as a reference to—

(a) his functions under sections 23 to 31 of the Railways Act 1993 (franchising of passenger services), and

(b) the duties imposed upon him by sections 22 to 24 of the Railways Act 2005 (discontinuance of railway passenger services) to secure the provision of services.

(3A) A reference in this section to a London railway passenger service is a reference to—

(a) a service for the carriage of passengers by railway between places in Greater London; or

(b) a service for the carriage of passengers by railway between places in Greater London and places outside Greater London.

(3B) Expressions used in this section and in Part 1 of the Railways Act 1993 have the same meanings in this section as in that Part.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Co-operation with other persons.

176

(1) Where a public passenger transport service is provided under—

(a) an agreement entered into by Transport for London under section 156(2) or (3)(a) above, or

(b) a transport subsidiary’s agreement,

by a person other than a subsidiary of Transport for London, it shall be the duty of that person and the other party to the agreement in question, either acting directly, or acting indirectly through subsidiaries of theirs, to co-operate with one another in the exercise and performance of their respective functions for the purposes specified in subsection (2) below.

(2) The purposes mentioned in subsection (1) above are—

(a) the co-ordinating of passenger transport services, and

(b) the securing of, or the facilitating of, the proper discharge of the duty of Transport for London under section 154(3) above.

(3) The duty of co-operation imposed by subsection (1) above requires both parties to an agreement under section 156(2) or (3)(a) above or to a transport subsidiary’s agreement to provide to one another such information as to their services as may reasonably be required for the purposes specified in subsection (2) above.

Provision of extra passenger transport services and facilities.

177

(1) The council of a London borough and the Common Council shall each have power to enter into and carry out agreements with—

(a) Transport for London,

(b) the Secretary of State, or

with respect to the provision or retention, and financing, of public passenger transport services and facilities which would not be available apart from any such agreement.

(2) Transport for London and the Secretary of State shall each have power to enter into and carry out agreements with the council of a London borough or the Common Council with respect to the matters specified in subsection (1) above.

(3) The terms of an agreement entered into under this section shall be such as may be agreed between the parties to the agreement.

(4) Expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part.

Information and publicity about plans as to services and fares.

178

(1) Transport for London shall in each year inform the bodies mentioned in subsection (2) below of its current plans with respect to—

(a) the general level of transport services and facilities to be provided by Transport for London, any subsidiary of Transport for London or any other person in pursuance of an agreement entered into by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary’s agreement;

(b) the general structure of routes of such services;

(d) the general level of charges to be made for such facilities.

(2) The bodies are—

(a) the London borough councils;

(b) the Common Council;

(c) the council of any county or district any part of whose area appears to Transport for London to be affected significantly by any plans falling within subsection (1) above; and

(d) the London Transport Users’ Committee.

(3) Transport for London shall cause particulars of the general level and structure of the fares falling within subsection (1)(c) above as they apply for the time being to be published in such manner as it thinks fit.

Chapter V — Regulation of bus services in Greater London

Introductory

London local services.

179

(1) In this Part—

local service has the meaning given to it by section 2 of the Transport Act 1985, and

London local service means a local service with one or more stopping places in Greater London.

(2) Where a local service is or is to be provided both inside and outside Greater London, any part of the service which is or is to be provided outside Greater London shall be treated as a separate service for the purposes of this Part if there is any stopping place for that part of the service outside Greater London.

(3) The following are not London local services for the purposes of this Act—

(a) a service provided in pursuance of an agreement with the Secretary of State entered into under section 40 of the Railways Act 2005 (substitution services provided for interrupted or discontinued railway services);

(b) a service provided under an agreement entered into, where a railway service has been temporarily interrupted, with the person who usually provides the railway service.

Provision of London local services.

180

(1) No London local service may be provided except in accordance with the provisions of this Chapter.

(2) If a London local service is provided in contravention of subsection (1) above, the operator of the service shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) It shall be a defence for a person charged with an offence under subsection (2) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

The London bus network

The London bus network.

181

(1) Transport for London shall determine which London local services are required for the purpose of providing safe, integrated, efficient and economic transport services in Greater London.

(2) The determination made by Transport for London under subsection (1) above shall be kept under review and may be revised at any time.

(3) The London local services which Transport for London determines are required under this section shall be known collectively as the London bus network.

(4) A London local service which is part of the London bus network may be provided only—

(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) above or in pursuance of a transport subsidiary’s agreement.

(5) Transport for London shall so far as reasonably practicable provide or secure the provision of the London bus network.

London local service agreements.

182

(1) Where a London local service which is part of the London bus network is provided in pursuance of an agreement entered into by Transport for London under section 156(2) above or in pursuance of a transport subsidiary’s agreement, the agreement shall be known as a London local service agreement.

(2) Where a London local service agreement relates to a local service part of which is to be provided outside Greater London, subsection (3) below applies to any provision contained in the agreement with respect to the carriage of passengers other than those who are both taken up and set down in Greater London.

(3) A provision of a description specified in subsection (2) above shall be of no effect if or so far as it is inconsistent with any condition attached under section 8 of the Transport Act 1985 (enforcement of traffic regulation conditions etc by a traffic commissioner)—

(a) to a PSV operators’ licence held by the operator of the service, or

(b) to a permit under section 22 of the Transport Act 1985 (a community bus permit).

Addition or variation of a network service.

183

(1) Subsection (2) below applies where—

(a) Transport for London or any of its subsidiaries proposes to provide a new London local service or to vary an existing London local service,

(b) Transport for London proposes to enter into a London local service agreement for the provision of a new London local service, or

(c) Transport for London proposes to agree to a variation in an existing London local service provided pursuant to a London local service agreement,

and the proposal, if effected, would alter the London bus network.

(2) Transport for London shall before making a decision about the proposal consult—

(a) the commissioner or commissioners of police affected,

(b) the London authorities affected,

(d) any other person whom Transport for London considers it appropriate to consult,

about the matters specified in subsection (3) below relating to the proposed new service or the service as proposed to be altered.

(3) The matters mentioned in subsection (2) above are—

(a) the route,

(b) the terminal points,

(d) the place at which, or street by the use of which, vehicles used for the service may turn at a terminal point.

(4) For the purposes of this section, the London authorities affected by a proposal are the London authorities in whose area there is situated—

(a) any part of the route in question, or

(b) any of the places mentioned in subsection (3)(b) to (d) above.

(5) Where a place or street mentioned in paragraph (d) of subsection (3) above is situated in the area of a local authority other than a London authority, Transport for London is also required under subsection (2) above to consult that local authority about the matter specified in that paragraph.

(6) For the purposes of this section a commissioner of police is affected by a proposal if he is—

(a) the Commissioner of Police of the Metropolis, or

(b) the Commissioner of Police of the City of London,

and any part of the route in question, or any of the places mentioned in subsection (3)(b) to (d) above, is situated in the police area for which he is the Commissioner.

(7) For the purposes of this Chapter a London authority is any London borough council or the Common Council.

Discontinuance of a network service.

184

(1) Subsection (2) below applies where—

(a) Transport for London or any of its subsidiaries proposes to discontinue a London local service which is part of the London bus network, or

(b) Transport for London proposes not to renew a London local service agreement pursuant to which a London local service which is part of the London bus network is provided,

except where Transport for London proposes that a service replacing the London local service in question and equivalent to it will be provided (whether by Transport for London or any of its subsidiaries, or pursuant to a London local service agreement).

(2) Transport for London shall before making a decision about the proposal consult—

(a) the London authorities affected,

(b) the London Transport Users’ Committee, and

(3) For the purposes of this section the London authorities affected by a proposal are the London authorities in whose area there is situated any part of the route of the service in question.

Bus services outside the network

London service permits.

185

(1) A London local service which is not part of the London bus network may be provided only by a person who is authorised to provide the service by a permit granted by Transport for London (a London service permit).

(2) The Mayor shall prepare and adopt a document (the guidance document) containing the criteria by which applications for a London service permit will be considered.

(3) The Mayor shall keep the guidance document under review and may revise it at any time.

(4) Where the guidance document is revised, the Mayor shall adopt the document as revised.

Grant of London service permits.

186

(1) An application for a London service permit shall be made in such manner and accompanied by such supporting evidence as may be determined by Transport for London.

(2) Transport for London may charge a fee—

(a) for processing the application for a London service permit under subsection (1) above,

(b) for granting a London service permit, or

(3) In deciding whether to grant a London service permit Transport for London—

(a) shall have regard to the criteria contained in the guidance document,

(b) shall have regard to any other material considerations, and

(4) The persons and bodies mentioned in subsection (3)(c) above are—

(a) the London authorities affected,

(b) the commissioner or commissioners of police affected,

(d) any other person whom Transport for London considers it appropriate to consult.

(5) Where Transport for London grants a London service permit it shall send notice of the grant, including particulars of the services authorised by the permit to be provided, to the London Transport Users’ Committee, the London authorities affected and the commissioner or commissioners of police affected.

(6) For the purposes of this section, the London authorities affected are the London authorities in whose area there is situated any part of the route of the London local service to which the application for the London service permit relates.

(7) For the purposes of this section a commissioner of police is affected if he is—

(a) the Commissioner of Police of the Metropolis, or

(b) the Commissioner of Police of the City of London,

and any part of the route of the London local service to which the application for the London service permit relates is situated in the police area for which he is the Commissioner.

Conditions.

187

(1) Transport for London may attach to a London service permit granted under section 186 above such conditions as it thinks fit.

(2) The conditions that may be attached to a London service permit by virtue of subsection (1) above include conditions for securing—

(a) that suitable routes are used in providing any service authorised to be provided by the permit,

(b) that passengers are not taken up or are not set down except at specified points, or are not taken up or are not set down between specified points, or

(3) No condition as to fares shall be attached under this section to a London service permit.

(4) Transport for London may at any time vary a London service permit—

(a) by altering any condition attached to the permit,

(b) by removing any condition attached to the permit, or

(5) Compliance with any condition attached to a London service permit under this section may be temporarily dispensed with by Transport for London if it is satisfied—

(a) that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached, or, if the condition has been altered, when it was last altered, and

(b) that such a dispensation would not adversely affect the safety and convenience of the public, including persons who have mobility problems.

(6) If a condition attached to a London service permit under this section is contravened, the holder of the permit shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) It shall be a defence for a person charged with an offence under subsection (6) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Revocation.

188

(1) Subject to subsection (2) below, a London service permit may be revoked or suspended by Transport for London on the ground that there has been a contravention of any condition attached to it.

(2) Transport for London shall not revoke or suspend a London service permit unless, owing to—

(a) the frequency of the breach of conditions, or

(b) the breach having been committed intentionally, or

Transport for London is satisfied that the permit should be revoked or suspended.

(3) On revoking or suspending a London service permit Transport for London shall send notice of the revocation or suspension to each commissioner of police and London authority notified of the grant of the licence in accordance with section 186(5) above.

(4) A London service permit suspended under this section shall during the period of suspension be of no effect.

Appeals.

189

(1) Where Transport for London refuses to grant a London service permit, it must issue a notice stating the reasons for the decision to do so to the person who made the application for the permit.

(2) A person to whom a notice has been issued under subsection (1) above may make an appeal to the First-tier Tribunal against the decision in relation to which the notice was issued.

(3) Where Transport for London—

(a) attaches any condition to a London service permit, or alters or removes any condition so attached; or

(b) revokes or suspends a London service permit,

it must issue a notice to the holder of the permit stating the reasons for the decision to do so.

(4) A holder of a London service permit to whom a notice has been issued under subsection (3) above may make an appeal to the First-tier Tribunal against the decision in relation to which the notice was issued.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) On an appeal under this section the First-tier Tribunal may—

(a) uphold the decision,

(b) quash the decision, or

(c) substitute for the decision such other decision which Transport for London had power to make as appears to the tribunal to be appropriate.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration.

190

(1) The duration of a London service permit shall not be longer than five years.

(2) If, on the date on which a London service permit is due to expire, an application has been made for the grant of a new London service permit in substitution for it and—

(a) Transport for London has neither granted nor refused to grant the London service permit applied for,

(b) Transport for London has refused to grant the London service permit applied for but an appeal against the refusal has been made under section 189 above and not disposed of, or

(c) Transport for London has granted the London service permit applied for but an appeal against a decision to attach a condition to the permit has been made under section 189 above and not disposed of,

subsection (3) below shall apply.

(3) Where this subsection applies, the existing London service permit shall continue in force—

(a) in a case falling within subsection (2)(a) above, until Transport for London grants or refuses to grant the London service permit applied for, or

(b) in a case falling within subsection (2)(b) or (c) above, until the appeal has been disposed of.

(4) Where subsection (3)(a) above applies, if Transport for London—

(a) refuses to grant the London service permit applied for, or

(b) grants the London service permit applied for but at the time of the grant attaches any condition to the permit,

the existing London service permit shall continue in force until any appeal which is made under section 189 above against the decision in question has been disposed of.

(5) This section is without prejudice to section 188 above.

Guidance document

Consultation.

191

(1) When preparing or revising the guidance document and before finally determining the contents of the document or any revisions, the Mayor shall—

(a) publish a notice in a newspaper circulating in the entire area of Greater London, stating where a draft of the guidance document (or the revisions, as the case may be) may be inspected, and

(b) consult the persons and bodies specified in subsection (2) below.

(2) The persons and bodies mentioned in subsection (1)(b) above are—

(a) each London authority,

(b) the local authority for any other area which the Mayor considers will be affected by the contents of the guidance document or the revisions, as the case may be,

(d) a traffic commissioner;

(f) the London Transport Users’ Committee, and

(g) any other person whom the Mayor considers it appropriate to consult.

(3) Where the Mayor is determining the contents of revisions to the guidance document and the revisions will not affect the entire area of Greater London, the obligation imposed under subsection (1)(a) above shall not have effect and instead a notice stating where a draft of the revisions can be inspected shall be published in a newspaper circulating in the area or areas which the Mayor considers will be affected by the revisions.

Publication.

192

(1) The Mayor shall publish the guidance document.

(2) Where the Mayor revises the guidance document he shall publish it as revised.

(3) In this Act, references to the guidance document include, except where the context otherwise requires, a reference to the current version of the guidance document.

(4) The guidance document must be published no later than 180 days after the Mayor has published the transport strategy prepared by him under section 142(1) above.

(5) The Mayor shall send to the Common Council and to each London borough council a copy of the current version of the guidance document.

(6) A copy of the current version of the guidance document shall be kept available by the Mayor for inspection by any person on request free of charge—

(a) at the principal offices of the Authority, and

(b) at such other places as the Mayor considers appropriate,

at reasonable hours.

(7) A copy of the current version of the guidance document, or any part of it, shall be supplied to any person on request for such reasonable fee as the Mayor may determine.

(8) Any reference in this section to the current version of the guidance document is a reference to the guidance document as last published, whether originally or as revised.

Miscellaneous

Validity of agreements and permits.

193

(1) A London local service agreement shall be of no effect at any time when the party to the agreement who is not Transport for London does not hold—

(a) a PSV operators’ licence, or

(b) a permit granted under section 22 of the Transport Act 1985 (a community bus permit).

(2) A London service permit shall be of no effect at any time when the holder of the permit does not hold a licence of the description specified in subsection (1)(a) above, or a permit of the description specified in subsection (1)(b) above.

(3) In any case where a local authority is providing a service falling within section 46(1) of the Public Passenger Vehicles Act 1981 (no requirement for a PSV operators’ licence where a school bus is being used to provide a service)—

(a) subsection (1) above does not apply in relation to any London local service agreement pursuant to which the local authority is providing the service, and

(b) subsection (2) above does not apply in relation to any London service permit by which the local authority is authorised to provide the service.

Application of the Public Passenger Vehicles Act 1981.

194

(1) The provisions of the Public Passenger Vehicles Act 1981 specified in subsection (2) below apply in relation to the grant of London service permits, or to London service permits granted, under this Part of this Act, as they apply in relation to the grant of PSV operators’ licences, or PSV operators’ licences granted, under that Act.

(2) The provisions mentioned in subsection (1) above are—

(a) section 57 (death, bankruptcy, etc. of licence holder) taking the references to a traffic commissioner as a reference to Transport for London, and

(b) section 58(2) (grant of licences to unincorporated body or to persons jointly).

(3) Section 84 of the Public Passenger Vehicles Act 1981 (which relates to the effects of that Act in relation to general public interests) shall have effect as if the provisions of this Chapter were contained in that Act.

Interpretation of Chapter V.

195

In this Chapter—

the guidance document shall be construed in accordance with section 185(2) above,

London authority shall be construed in accordance with section 183(7) above,

London bus network shall be construed in accordance with section 181 above,

London local service agreement shall be construed in accordance with section 182 above,

London service permit shall be construed in accordance with section 185 above,

London Transport Users’ Committee means the committee established under section 247 below,

PSV operators’ licence means a licence granted under the provisions of Part II of the Public Passenger Vehicles Act 1981,

stopping place means, in relation to any service or part of a service, a point at which passengers are (or, in the case of a proposed service, are proposed to be) taken up or set down in the course of that service or part,

traffic area means a traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981,

Chapter VI — Railways

The Authority and the Strategic Rail Authority

Power of Authority to give directions and guidance to Strategic Rail Authority.

196

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

Strategic Rail Authority to consult Mayor as to fares, services etc.

197

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

Licences, access contracts and franchising

Exemptions by order under Part I of the Railways Act 1993.

198

(1) The Railways (London Regional Transport) (Exemptions) Order 1994 shall have effect with the following amendments.

(2) In article 2 (interpretation) the word and immediately preceding the definition of LRT company shall be omitted, and in that definition, after means there shall be inserted “ (a) ” and at the end there shall be added—

(b) Transport for London or any subsidiary of theirs; or (c) a PPP company, so far as carrying out qualifying activities

(3) In article 2, after the definition of LRT company there shall be added—

PPP agreement and PPP company have the same meaning as in Chapter VII of Part IV of the Greater London Authority Act 1999 (public-private partnership agreements); qualifying activities, in relation to a PPP company, means light maintenance services, network services or station services carried out by the PPP company in fulfilment of obligations imposed on the company by a PPP agreement.

(4) The amendments made by this section are without prejudice to the exercise of any power conferred by any enactment (including a power conferred by any provision of this Act) to amend the said Order of 1994 by an enactment comprised in subordinate legislation, within the meaning of the Interpretation Act 1978.

Licence exemptions and facility exemptions.

199

(1) The Secretary of State may, after consultation with the Office of Rail and Road ..., by order grant at any time—

(a) a licence exemption under subsection (1) of section 7 of the Railways Act 1993, . . ., or

(b) a facility exemption under section 20 of that Act, . . .,

subject to and in accordance with the following provisions of this section.

(2) An exemption by virtue of paragraph (a) or (b) of subsection (1) above may only be granted in respect of railway assets or railway facilities comprised in, or used on or in connection with, a network on which some or all of the regular scheduled passenger services are operated by London Regional Transport or Transport for London or a subsidiary of London Regional Transport or Transport for London.

(3) The power conferred by subsection (1) above is exercisable only if the Secretary of State has received an application for the grant of the exemption from the appropriate London transport authority.

(4) In this section—

the appropriate London transport authority means—as respects any time before the transfer date, London Regional Transport; andas respects any time on or after that date, Transport for London;

the transfer date means the date on which London Underground Limited becomes a subsidiary of Transport for London;

and, subject to that, expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part.

Railway access contracts.

200

(1) Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, Transport for London may enter into an access contract to which section 18 of the Railways Act 1993 applies, notwithstanding—

(a) that such a contract can only be entered into on terms approved (with or without modification) by the Office of Rail and Road and pursuant to directions given by the Office of Rail and Road under that section; and

(b) that the terms of the contract may confer on the Office of Rail and Road powers to determine the manner in which Transport for London is to exercise its functions in relation to the contract.

(2) The duty imposed on the Mayor by section 174 above accordingly also has effect subject, as respects the power conferred on Transport for London by subsection (1) above, to the powers of the Office of Rail and Road under section 18 of the Railways Act 1993.

(3) After section 41 of the London Regional Transport Act 1984 there shall be inserted—

(41A) (1) Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, London Regional Transport may enter into an access contract to which section 18 of the Railways Act 1993 applies, notwithstanding— (a) that such a contract can only be entered into on terms approved (with or without modification) by the Office of Rail Regulation and pursuant to directions given by the Office of Rail Regulation under that section; and (b) that the terms of the contract may confer on the Office of Rail Regulation powers to determine the manner in which London Regional Transport is to exercise its functions in relation to the contract. (2) The duties imposed on London Regional Transport by sections 2 and 8 of this Act accordingly also have effect subject, as respects the power conferred by subsection (1) above, to the powers of the Office of Rail Regulation under section 18 of the Railways Act 1993.

(4) In section 4 of the Railways Act 1993 (general duties of the Secretary of State and the Office of Rail Regulation ) in subsection (5) (which imposes additional duties on the Office of Rail Regulation ) the word and immediately preceding paragraph (c) shall be omitted and at the end of that paragraph there shall be added

; and (d) to have regard to the ability of the Mayor of London, London Regional Transport and Transport for London to carry out the functions conferred or imposed on them by or under any enactment

Transport for London: contracts requiring passenger licences.

201

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

Authority and Transport for London not to be railway franchisees.

202

(1) Section 25(1) of the Railways Act 1993 (which prevents public sector operators, as defined in the paragraphs of that subsection, from being franchisees) shall be amended as follows.

(2) After paragraph (b) there shall be inserted—

(bb) the Greater London Authority; (bc) Transport for London;

(3) In paragraph (d) (bodies corporate whose members are appointed by certain other bodies or persons) after a local authority there shall be inserted “ , the Greater London Authority, Transport for London ”.

Closures

Strategic Rail Authority to give copy documents to Mayor.

203

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

Procedure for closure of certain railway passenger services.

204

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

Miscellaneous

Amendment of franchise agreements to take account of the Authority.

205

(1) Any franchise agreement entered into under Part I of the Railways Act 1993 before the day on which this Act is passed shall have effect on and after that day with the following amendment.

(2) In paragraph (a) of the definition of Local Authority in the agreement, after in England, there shall be inserted “ the Greater London Authority, Transport for London, ”.

Secretary of State to consult Mayor before changing amount of penalty fare.

206

(1) Section 130 of the Railways Act 1993 (penalty fares) shall be amended as follows.

(2) After subsection (9) there shall be inserted—

(9A) Before making any regulations which have the effect of varying the amount, or the greatest amount, which a person within, or travelling to or from, Greater London may be charged by way of penalty fare, the Secretary of State must consult the Mayor of London.

Restrictions on contracting out certain services.

207

(1) For the purposes of this section, the services which are reserved services are those whose provision by a person would involve that person in performing or securing the performance, for the purposes of any TfL passenger rail service, of—

(a) any station-operating function; or

(b) any train-operating function.

(2) Transport for London shall not, without the consent of the Secretary of State, enter into or carry out any agreement under which an outside contractor is to provide or secure the provision of a reserved service for Transport for London or a subsidiary of Transport for London.

(3) Where a company which is a subsidiary of Transport for London provides or is to provide, or secures or is to secure the provision of, a reserved service for Transport for London or a subsidiary of Transport for London, Transport for London shall not, without the consent of the Secretary of State, enter into any transaction or series of transactions the result of which would be that the company—

(a) would cease to be a subsidiary of Transport for London; but

(b) would nevertheless provide or continue to provide, or secure or continue to secure the provision of, the reserved service.

(4) Nothing in this section applies in relation to a contract of employment between an individual and Transport for London or a subsidiary of Transport for London.

(5) The Secretary of State may by order provide exceptions from subsection (2) or (3) above.

(6) Any consent of the Secretary of State under this section must be in writing and—

(a) may be given in relation to any particular transaction or description of transactions; and

(b) may be given subject to conditions.

(7) For the purposes of this section—

station-operating function means any of the following functions—the sale or collection of tickets at stations;the inspection of tickets, or the imposing of penalty fares, at or in the vicinity of a station, but otherwise than on a train;the making of oral public announcements at stations;the provision of information orally to members of the public at stations, otherwise than by means of public announcements;any duties of staff employed on platforms at stations;...any other function involved in the management or operation of a station;

train-operating function means any of the following functions—the driving of passenger trains otherwise than within a depot;any duties of guards on passenger trains;the sale, collection or inspection of tickets, or the imposing of penalty fares, on passenger trains;the operation of signals for controlling the movement of passenger trains otherwise than within a depot;the exercise of control over the movement of passenger trains otherwise than within a depot;any other function involved in the operation of passenger trains otherwise than within a depot.

(8) In this section—

contract of employment means any contract of service or apprenticeship;

outside contractor means a person other than Transport for London or a subsidiary of Transport for London;

passenger train means a train which is being, has just been, or is about to be, used for the provision of a TfL passenger rail service;

premises includes any land, building or structure;

railway has the meaning given in section 67(1) of the Transport and Works Act 1992;

reserved service shall be construed in accordance with subsection (1) above;

station means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes;

TfL passenger rail service means any public service for the carriage of passengers by railway which is under the control of Transport for London or a subsidiary of Transport for London;

ticket includes any other authority to travel or to be present in a part of a station where such an authority is required.

(9) The Secretary of State may by order amend this section for the purpose of varying the meaning in this section of any of the following expressions—

(a) train-operating function;

(b) station-operating function;

(d) TfL passenger rail service.

Docklands Light Railway and Croydon Tramlink

Docklands Light Railway.

208

(1) Section 3 of the London Docklands Railway (Lewisham) (No. 2) Act 1993 (transfer of functions relating to the Docklands Light Railway) shall be amended in accordance with subsections (2) to (7) below.

(2) In subsection (1) (which confers a power on the Secretary of State to make orders transferring functions relating to the Docklands Light Railway) for Secretary of State there shall be substituted “ Mayor of London ”.

(3) Subsection (3) (which confers a power to specify in a transfer order circumstances in which the order shall cease to have effect) shall cease to have effect.

(4) After subsection (3) there shall be inserted—

(3A) The power to make a transfer order under subsection (1) above includes a power to revoke, amend or re-enact any transfer order made under that subsection. (3B) Without prejudice to subsection (3A) above, a transfer order may specify circumstances in which the order shall cease to have effect before the expiry of any period specified in any such order.

(5) In subsection (4) (which confers a power to include in a transfer order supplementary etc provision) for Secretary of State there shall be substituted “ Mayor of London. ”

(6) Subsection (6) (which provides that the power to make a transfer order is to be exercisable by statutory instrument) shall cease to have effect.

(7) After subsection (6) there shall be inserted—

(7) The Mayor of London shall secure that any transfer order made under subsection (1) 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 subsection (7) above.

(8) Any transfer order—

(a) made by the Secretary of State under section 3(1) of the London Docklands Railway (Lewisham) (No. 2) Act 1993, and

(b) in force immediately before the coming into force of subsection (3) above,

shall have effect as from the coming into force of that subsection as if it were a transfer order made by the Mayor of London.

The Croydon Tramlink.

209

(1) The Croydon Tramlink Act 1994 shall be amended in accordance with subsections (2) to (10) below.

(2) In section 9(3) (consent to be obtained for the alteration of the level of a street) in paragraph (b) (which provides for disputes over the giving of consent to be determined by the Secretary of State) for Secretary of State there shall be substituted “ Mayor of London ”.

(3) In section 50 (transfer of functions relating to the Croydon Tramlink) in subsection (1) (which confers a power on the Secretary of State to make orders transferring functions relating to the Croydon Tramlink) for Secretary of State there shall be substituted “ Mayor of London ”.

(4) Subsection (3) of that section (which confers a power to specify in a transfer order circumstances in which the order shall cease to have effect) shall cease to have effect.

(5) After subsection (3) of that section there shall be inserted—

(3A) The power to make a transfer order under subsection (1) above includes a power to revoke, amend or re-enact any transfer order made under that subsection. (3B) Without prejudice to subsection (3A) above, a transfer order may specify circumstances in which the order shall cease to have effect before the expiry of any period specified in any such order.

(6) In subsection (4) of that section (which confers a power to include in a transfer order supplementary etc provision) for Secretary of State there shall be substituted “ Mayor of London ”.

(7) In subsection (7) (duty of London Regional Passengers’ Committee to consider etc matters referred to them)—

(a) in paragraph (b) (references by the Secretary of State) for by the Secretary of State there shall be substituted “ by Transport for London, by the Greater London Authority (acting by the Mayor of London) ”;

(b) in the words following paragraph (c) (persons to whom minutes etc are to be sent) for the Secretary of State,, where first occurring, there shall be substituted “ the Mayor of London, the London Assembly, Transport for London, ”; and

(8) Subsection (9) of that section (which provides that the power to make a transfer order is to be exercisable by statutory instrument) shall cease to have effect.

(9) After subsection (9) of that section there shall be inserted—

(9A) The Mayor of London shall secure that any transfer order made under subsection (1) above (and any order revoking, amending or re-enacting any such order) is printed and published. (9B) A fee may be charged for the sale of an order printed and published under subsection (9A) above.

(10) In subsection (11) of that section (interpretation) for London Regional Passengers’ Committee there shall be substituted “ London Transport Users’ Committee ”.

(11) Any transfer order—

(a) made by the Secretary of State under section 50(1) of the Croydon Tramlink Act 1994, and

(b) in force immediately before the coming into force of subsection (3) above,

shall have effect as from the coming into force of that subsection as if it were a transfer order made by the Mayor of London.

Chapter VII — Public-Private Partnership Agreements

Introductory

PPP agreements.

210

(1) For the purposes of this Chapter a public-private partnership agreement (referred to as a PPP agreement) is a contract in the case of which the conditions set out in the following provisions of this section are satisfied.

(2) At least one of the parties to the contract must be a relevant body for the purposes of this Chapter, that is to say—

(a) London Regional Transport;

(b) Transport for London; or

(3) The contract must be one which involves—

(a) the provision, construction, renewal, or improvement, and

(b) the maintenance,

of a railway or proposed railway and, if or to the extent that the contract so provides, of any stations, rolling stock or depots used or to be used in connection with that railway.

(4) The railway or proposed railway must be one which—

(a) belongs or will belong to, or to a subsidiary of, London Regional Transport or Transport for London, or

(b) is being provided, constructed, renewed or improved under the contract for, or for a subsidiary of, London Regional Transport or Transport for London.

(5) If a party who undertakes to carry out or secure the carrying out of any or all of the work mentioned in subsection (3) above (a PPP company) is a public sector operator at the time when the contract is made, that party must no longer be a public sector operator on the day following the expiration of the period of six weeks beginning with the day on which the condition in subsection (6) below is satisfied.

(6) The contract must be one which is, or is of a description which is, designated as a PPP agreement.

Public sector operators.

211

(1) In this Chapter public sector operator means—

(a) any Minister of the Crown, government department or other emanation of the Crown;

(b) any local authority;

(ca) any combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

(cb) any combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

(d) any body corporate whose members are appointed by a Minister of the Crown, a government department, a local authority, an Integrated Transport Authority for an integrated transport area in England or a combined authority , combined authority or combined county authority or by a body corporate whose members are so appointed;

(e) a company—

(i) a majority of whose issued shares are held by or on behalf of any of the bodies or persons falling within paragraphs (a) to (d) above;

(ii) in which the majority of the voting rights are held by or on behalf of any of those bodies or persons;

(iii) a majority of whose board of directors can be appointed or removed by any of those bodies or persons; or

(iv) in which the majority of the voting rights are controlled by any of those bodies or persons, pursuant to an agreement with other persons;

(f) a subsidiary of a company falling within paragraph (e) above.

(2) Expressions used in sub-paragraphs (i) to (iv) of subsection (1)(e) above that are defined for the purposes of the Companies Acts (see section 1174 of, and Schedule 8 to, the Companies Act 2006) have the same meaning in those sub-paragraphs.

PPP designations.

212

(1) Any designation for the purposes of subsection (6) of section 210 above (a PPP designation) must be made in a direction issued by the appropriate authority.

(2) A PPP designation must—

(a) describe the subject matter of the contracts to which it relates;

(b) describe the parties to those contracts; and

(c) if made before one or more of those contracts has been entered into, state a time by which a contract must have been entered into if it is to be a PPP agreement by virtue of the designation.

(3) The time stated pursuant to paragraph (c) of subsection (2) above must not be later than three months after the date of the direction containing the designation.

(4) A PPP designation may be made before or after the making of any contract to which it relates.

(5) A contract shall not be a PPP agreement by virtue of a PPP designation made after the making of the contract, except with the consent of the parties to the contract.

(6) For the purposes of subsection (1) above the appropriate authority means—

(a) as respects any direction issued before the transfer date, the Secretary of State; and

(b) as respects any direction issued on or after that date, the Mayor.

Key system assets

Key system assets.

213

(1) In this Chapter, key system assets means—

(a) any property, rights or liabilities which are, or are of a description, designated by a relevant body as key system assets in a PPP agreement as originally made; and

(b) any property, rights or liabilities which are designated, or are of a description designated, by a relevant body after the making of a PPP agreement as key system assets in accordance with the terms of, or by an amendment made to, the PPP agreement,

but does not include any property, rights or liabilities which, in accordance with the terms of, or by an amendment made to, the PPP agreement, have for the time being ceased to be designated as key system assets.

(2) No rights or liabilities under contracts of employment shall be designated as key system assets.

Register of key system assets.

214

(1) The relevant authority shall keep a register of all key system assets for the time being, except as provided by subsection (3) below.

(2) The register shall state—

(a) the date on which any designation of a particular key system asset, or of a description of key system assets, was made; and

(b) sufficient details of any particular key system asset, or any description of key system assets, designated as such to enable the key system assets to be identified.

(3) The register need not contain an entry in respect of any particular key system asset or description of key system assets if the relevant authority, with the consent of the PPP company concerned, keeps the requisite copy documents available for inspection by the public at all reasonable hours free of charge.

(4) For the purposes of this section the requisite copy documents, in the case of any particular key system asset or description of key system assets, are copies of—

(a) the document which contains the designation under paragraph (a) or (b) of section 213(1) above, and

(b) such other documents (if any) as may be necessary to disclose the information which would (apart from subsection (3) above) be required to be stated in the register,

or of such extracts from those documents as disclose the designation or, as the case may be, the information concerned.

(5) The register shall be available for inspection by the public free of charge at all reasonable hours.

(6) A person inspecting the register, or any requisite copy documents available for inspection under subsection (3) above, may make copies of, or of extracts from, the register or requisite copy documents.

215

(1) Where a PPP agreement is or has been entered into, the powers of the relevant authority include power to enter into and carry out other agreements with other persons in connection with the PPP agreement, whether or not there is any term in the PPP agreement relating to such other agreements.

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