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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) Where—

(a) a PPP agreement is or has been entered into, and

(b) the PPP company or the relevant authority, or a subsidiary of the PPP company or relevant authority, enters into arrangements with another person (a PPP related third party)—

(i) which do not constitute a PPP agreement, but

(ii) which involve the provision of property or rights for use for the purposes of or otherwise in connection with the PPP agreement,

subsection (3) below applies.

(3) Where this subsection applies, the relevant authority, or a subsidiary of the relevant authority, may enter into an agreement with the PPP related third party for the purpose of enabling the property or rights in question to be designated as, and to be, key system assets as if—

(a) the agreement between the relevant authority or subsidiary and the PPP related third party were a PPP agreement, and

(b) the PPP related third party were the PPP company under that agreement.

Protection of key system assets.

216

(1) If and to the extent that key system assets are property or rights, a PPP company shall not, without the consent of the relevant authority,—

(a) transfer or agree to transfer, or create or agree to create any security over, any of those key system assets or any interest in, or right over, any of those key system assets; or

(b) create or extinguish, or agree to create or extinguish, any interest in, or right over, any of those key system assets.

(2) If and to the extent that key system assets are liabilities, a PPP company shall not, without the consent of the relevant authority, enter into any agreement under which any such liability is released or discharged or transferred to some other person.

(3) Any transaction which is entered into in contravention of subsection (1) or (2) above shall be void.

(4) No execution or other legal process may be commenced or continued, and no distress may be levied and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, against any property which is, or rights which are, key system assets.

(5) Where a PPP agreement makes provision for or in connection with the transfer to a successor body at any time—

(a) of any shares in a PPP company, or

(b) of any key system assets,

the relevant authority shall ensure that the PPP agreement includes provision specifying, or providing for the determination of, the amounts which are to be paid in respect of those shares or key system assets.

(6) In subsection (5) above, successor body means—

(a) a relevant body;

(b) a PPP company; or

(7) Any reference in this section to a PPP company or PPP related third party includes a reference to a body or person which has been or is to be such a company or party.

(8) In this section security has the meaning given by section 248(b) of the Insolvency Act 1986.

Schemes for the transfer of key system assets.

217

(1) Transport for London may make schemes for the transfer of key system assets from any body falling within subsection (2) below to any other such body.

(2) Those bodies are—

(a) Transport for London;

(b) any subsidiary of Transport for London;

(d) any PPP related third party.

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

(4) The transfers which may be made by virtue of a scheme under this section include transfers taking effect before, on or after the expiration of the term of the PPP agreement or PPP related third party agreement by reference to which the transferor or transferee under the scheme falls within subsection (2) above.

(5) No scheme under this section for the transfer of key system assets from or to—

(a) a PPP company, or

(b) a PPP related third party,

may be made otherwise than in accordance with the terms of the PPP agreement or PPP related third party agreement by reference to which the PPP company or PPP related third party falls within subsection (2) above.

(6) In this section—

(a) any reference to key system assets includes a reference to property, rights or liabilities which have been or are to be such assets; and

(b) any reference to a PPP company or PPP related third party includes a reference to a body or person which has been or is to be such a company or party.

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

Land

PPP leases.

218

(1) In this Chapter PPP lease means any lease—

(a) which constitutes a PPP agreement;

(b) which is entered into in accordance with a PPP agreement; or

(2) An instrument containing a PPP lease must also contain, or have endorsed upon it, a certificate—

(a) signed by or on behalf of the parties to the lease, and

(b) stating that the instrument contains a PPP lease.

(3) Any designation for the purposes of paragraph (c) of subsection (1) above shall be made by the same person, and in the same manner, as if it were a PPP designation.

(4) No enactment or rule of law regulating the rights and obligations of landlords and tenants shall prejudice the operation of an agreement between a relevant body and a PPP company as to the terms on which land which is the subject of a PPP lease is provided.

(5) Accordingly no such enactment or rule of law applies in relation to the rights and obligations of the parties to a PPP lease—

(a) so as to exclude or modify in any respect any of the rights and obligations of those parties under the terms of the PPP lease, whether with respect to the termination of the tenancy or any other matter;

(b) so as to confer or impose on any party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the PPP lease, in addition to any such right or obligation provided for by the terms of the PPP lease;

(c) so as to restrict the enforcement (whether by action for damages or otherwise) by any party to the PPP lease of any obligation of any other party under the PPP lease.

(6) In this section lease includes an underlease and an agreement for a lease or underlease.

Land registration and PPP leases.

219

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Insolvency

Meaning and effect of PPP administration orders.

220

(1) A PPP administration order is an order of the court made in accordance with section 221, 222 or 223 below in relation to a PPP company and directing that, during the period for which the order is in force, the affairs, business and property of the company shall be managed, by a person appointed by the court,—

(a) for the achievement of the purposes of such an order; and

(b) in a manner which protects the respective interests of the members and creditors of the company.

(2) The purposes of a PPP administration order made in relation to any company shall be—

(a) the transfer to another company, or (as respects different parts of its undertaking) to two or more different companies, as a going concern, of so much of the company’s undertaking as it is necessary to transfer in order to ensure that the relevant activities may be properly carried on; and

(b) the carrying on of those relevant activities pending the making of the transfer.

(3) Schedule 14 to this Act shall have effect for applying provisions of the Insolvency Act 1986 where a PPP administration order is made.

(4) Schedule 15 to this Act shall have effect for enabling provision to be made with respect to cases in which, in pursuance of a PPP administration order, another company is to carry on all or any of the relevant activities of a PPP company in place of that company.

(5) Without prejudice to paragraph 20 of Schedule 14 to this Act, the power conferred by section 411 of the Insolvency Act 1986 to make rules shall apply for the purpose of giving effect to the PPP administration order provisions of this Act as it applies for the purpose of giving effect to Parts I to VII of that Act, but taking any reference in that section to those Parts as a reference to those provisions.

(6) For the purposes of this Chapter, the relevant activities, in relation to a PPP company, are the activities carried out, or to be carried out, by that company in performing its obligations under the PPP agreement to which it is party.

(7) In this section—

business and property have the same meaning as they have in the Insolvency Act 1986;

“the court”, in relation to a PPP company, means the court— having jurisdiction to wind up the company, orthat would have such jurisdiction apart from section 221(2) or 441(2) of the Insolvency Act 1986 (exclusion of winding up jurisdiction in case of companies having principal place of business in, or incorporated in, Northern Ireland);

the PPP administration order provisions of this Act means this section, sections 221 to 224 below and Schedules 14 and 15 to this Act.

PPP administration orders made on special petitions.

221

(1) If, on an application made to the court by petition presented by the Mayor, the court is satisfied that either or both of the grounds specified in subsection (2) below is satisfied in relation to that PPP company, the court may make a PPP administration order in relation to that company.

(2) The grounds mentioned in subsection (1) above are, in relation to any company,—

(a) that the company is or is likely to be unable to pay its debts;

(b) that, in a case in which the Secretary of State has certified that it would be appropriate for him to petition for the winding up of the company under section 124A of the 1986 Act (petition by the Secretary of State following inspectors’ report etc), it would be just and equitable, as mentioned in that section, for the company to be wound up.

(3) Notice of any petition under this section for a PPP administration order shall be given forthwith to such persons and in such manner as may be prescribed by rules made under section 411 of the 1986 Act; and no such petition shall be withdrawn except with the leave of the court.

(4) Subsections (4) and (5) of section 9 of the 1986 Act (powers on application for administration order) shall apply on the hearing of the petition for a PPP administration order in relation to any company as they apply on the hearing of a petition for an administration order.

(5) Subsections (1), (2), (4) and (5) of section 10 of the 1986 Act (effect of petition) shall apply in the case of a petition for a PPP administration order in relation to any company as if—

(a) the reference in subsection (1) to an administration order were a reference to a PPP administration order; and

(b) paragraph (b) of that subsection did require the leave of the court for the taking of any of the steps mentioned in paragraphs (b) and (c) of subsection (2) (appointment of, and exercise of functions by, administrative receiver).

(6) For the purposes of this section a company is unable to pay its debts if—

(a) it is a company which is deemed to be so unable under section 123 of the 1986 Act (definition of inability to pay debts); or

(b) it is an unregistered company, within the meaning of Part V of the 1986 Act, which is deemed, by virtue of any of sections 222 to 224 of that Act, to be so unable for the purposes of section 221 of that Act (winding up of unregistered companies).

(7) The functions of the Mayor under this section may be exercised by Transport for London acting as his agent, and where Transport for London so acts references to the Mayor shall be construed accordingly.

(8) In this section—

the 1986 Act means the Insolvency Act 1986;

the court has the same meaning as in section 220 above.

Restriction on making winding-up order.

222

(1) Where a petition for the winding up of a PPP company is presented by a person other than the Mayor, the court shall not make a winding-up order in relation to that company on that petition unless—

(a) notice of the petition has been served on the Mayor; and

(b) a period of at least fourteen days has elapsed since the service of that notice.

(2) Where a petition for the winding up of a PPP company has been presented, the Mayor may, at any time before a winding-up order is made on the petition, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 221(1) above, make a PPP administration order instead of a winding-up order.

(3) Where, on a petition for the winding up of a PPP company, the court makes, or proposes to make, a PPP administration order by virtue of subsection (2) above, subsections (4) and (5) of section 9 of the Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that petition as they apply on the hearing of a petition for an administration order.

(4) In this section the court has the same meaning as in section 220 above.

Restrictions on voluntary winding-up etc.

223

(1) No resolution for voluntary winding up shall be passed by a PPP company without leave of the court granted on an application made for the purpose by the company.

(2) No such leave shall be granted unless—

(a) notice of the application has been served on the Mayor; and

(b) a period of at least fourteen days has elapsed since the service of that notice.

(3) Where an application for leave under subsection (1) above has been made by a PPP company, the Mayor may, at any time before leave has been granted under subsection (1) above, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 221(1) above, make a PPP administration order instead of granting leave under subsection (1) above.

(4) Where, on an application for leave under subsection (1) above, the court makes, or proposes to make, a PPP administration order by virtue of subsection (3) above, subsections (4) and (5) of section 9 of the Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that application as they apply on the hearing of a petition for an administration order.

(5) No administration order under Part II of the Insolvency Act 1986 shall be made in relation to a PPP company unless—

(a) notice of the application for the order has been served on the Mayor; and

(b) a period of at least fourteen days has elapsed since the service of that notice.

(6) Where an application for an administration order under Part II of the Insolvency Act 1986 has been made in the case of a PPP company, the Mayor may, at any time before such an order has been made on that application, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 221(1) above, make a PPP administration order instead of an administration order under Part II of the I solvency Act 1986.

(7) No step shall be taken by any person to enforce any security over a PPP company’s property, except where that person has served fourteen days’ notice of his intention to take that step on the Mayor.

(8) In this section—

the court has the same meaning as in section 220 above;

resolution for voluntary winding up has the same meaning as in the Insolvency Act 1986;

security and property have the same meaning as in the Insolvency Act 1986.

Meaning of company and application of provisions to unregistered, foreign and other companies.

224

(1) In the PPP administration order provisions of this Act—

“company” means—a company registered under the Companies Act 2006, oran unregistered company; and

“unregistered company” means a company that is not registered under that Act.

(2) In the application of section 220(1) above in a case where the PPP company there mentioned is a foreign company, the reference to the affairs, business and property of the company shall be taken as a reference to the affairs and business of the company, so far as carried on in Great Britain, and the property of the company within Great Britain.

(3) In the application of section 9(5) of the 1986 Act by virtue of subsection (4) of section 221 above or subsection (3) of section 222 above where the petition mentioned in the subsection in question relates to a company which is a foreign company, the reference to restricting the exercise of any powers of the directors or of the company shall be taken as a reference to restricting—

(a) the exercise within Great Britain of the powers of the directors or of the company; or

(b) any exercise of those powers so far as relating to the affairs, business or property of the company in Great Britain.

(4) In the application of provisions in section 10 of the 1986 Act by virtue of subsection (5) of section 221 above where the company mentioned in that subsection is a foreign company—

(a) paragraph (a) of subsection (1) shall be omitted;

(b) any reference in paragraph (b) or (c) of that subsection to property or goods shall be taken as a reference to property or (as the case may be) goods for the time being situated within Great Britain;

(i) the reference to the commencement or continuation of proceedings shall be taken as a reference to the commencement or continuation of proceedings in Great Britain; and

(ii) the reference to the levying of distress against the company shall be taken as a reference to the levying of distress against the foreign company to the extent of its property in England and Wales; and

(d) any reference in subsection (2) to an administrative receiver shall be taken to include a reference to any person performing, in relation to the foreign company, functions equivalent to those of an administrative receiver, within the meaning of section 251 of the 1986 Act.

(5) Subsections (1) to (4) of section 223 above shall not have effect in relation to a PPP company which is a foreign company.

(6) In the application of subsection (7) of that section where the PPP company there mentioned is a foreign company, the reference to the company’s property shall be taken as a reference to such of its property as is for the time being situated in Great Britain.

(7) In this section—

the 1986 Act means the Insolvency Act 1986;

foreign company means a company incorporated outside Great Britain;

the PPP administration order provisions of this Act means sections 220 to 223 above, this section and Schedules 14 and 15 to this Act.

The PPP arbiter

The PPP arbiter.

225

(1) The Secretary of State may appoint a person to an office to be known as the Public-Private Partnership Agreement Arbiter (in this Chapter referred to as the PPP arbiter).

(2) The PPP arbiter shall have the functions conferred or imposed on him by or under this Act.

(3) The PPP arbiter shall be a corporation sole by the name of the Public-Private Partnership Agreement Arbiter.

(4) If at any time no person holds the office of PPP arbiter, the Secretary of State shall appoint a person to that office if requested in writing to do so by a party to a PPP agreement.

(5) A request under subsection (4) above must not include a request for a particular person to be appointed.

(6) Before making an appointment under subsection (1) or (4) above, the Secretary of State shall consult such persons as he considers appropriate concerning—

(a) the person to be appointed; and

(b) the terms of the appointment.

(7) The office of PPP arbiter may not be held by—

(a) the Mayor;

(b) an Assembly member;

(d) Transport for London or a subsidiary of Transport for London;

(e) a member of Transport for London or a director of a subsidiary of Transport for London;

(f) a member of staff of Transport for London or of a subsidiary of Transport for London; or

(g) a director or employee of a PPP company or of a subsidiary of a PPP company or of a company of which a PPP company is a subsidiary.

Terms of appointment.

226

(1) A person appointed to be the PPP arbiter shall be appointed for such term as may be specified or described in the instrument appointing him and shall hold and vacate office as the PPP arbiter in accordance with the terms of his appointment.

(2) There shall be paid to the PPP arbiter such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

(3) There shall be paid such pension, allowance or gratuity to or in respect of the PPP arbiter, or such contributions or payments towards provision for such a pension, allowance or gratuity, as the Secretary of State may determine.

(4) A person may resign from office as the PPP arbiter at any time by giving notice to the Secretary of State.

(5) The Secretary of State may remove a person from office as the PPP arbiter—

(a) on the ground of incapacity or misbehaviour; or

(b) where the Secretary of State considers that there has been unreasonable delay in the discharge of the functions of the PPP arbiter.

Staff.

227

(1) The PPP arbiter may appoint such staff as he may determine, subject to any restrictions contained in the terms of his appointment.

(2) The staff of the PPP arbiter shall be appointed on such terms and conditions as he shall determine, subject to any restrictions contained in the terms of his appointment.

(3) Any function of the PPP arbiter may be exercised by any member of his staff authorised for the purpose by him or, if there is no person who holds the office of PPP arbiter, by the Secretary of State whether specially or generally.

Same person as PPP arbiter and Rail Regulator: duties of staff.

228

(1) Subsections (2) and (3) shall apply while a member of the Office of Rail and Road holds the office of PPP arbiter.

(2) Where this subsection applies, any member of the Office of Rail and Road’s staff may (in addition to discharging duties of that employment) be required also to discharge duties as if he were a member of the PPP arbiter’s staff of similar status.

(3) Where this subsection applies, any member of the PPP arbiter’s staff may (in addition to discharging duties of that employment) be required also to discharge duties as if he were a member of the Office of Rail and Road’s staff of similar status.

(4) Subsections (2) and (3) above apply notwithstanding anything in the terms or conditions of employment of the member of staff concerned.

Directions of the PPP arbiter.

229

(1) A PPP agreement may provide for matters of any description specified in the agreement to be referred to the PPP arbiter.

(2) A party to a PPP agreement may refer to the PPP arbiter for direction any matter of a description specified in a provision of that agreement by virtue of subsection (1) above.

(3) Where a matter is referred under this section to the PPP arbiter for direction he—

(a) shall give a direction in relation to that matter; and

(b) may give a direction in relation to any other matter which is ancillary or incidental to the matter referred.

(4) The directions that may be given under subsection (3) above include directions relating to the inclusion of new terms in, or the variation of existing terms of, the PPP agreement in question.

(5) The PPP arbiter shall give notice of any direction under subsection (3) above to the parties to the PPP agreement in question.

(6) A direction under subsection (3) above shall be final and binding—

(a) on the parties to the PPP agreement in question, and

(b) on any persons claiming through or under those parties,

and shall, if and to the extent that the notice given under subsection (5) above so provides, take effect as a term of the PPP agreement.

(7) Where a direction has been given under subsection (3) above, the parties to the PPP agreement in question may jointly agree that subsection (6) above is not to have effect in relation to that direction.

Guidance by the PPP arbiter.

230

(1) Any matter relating to a PPP agreement may be referred to the PPP arbiter for consideration by him—

(a) by all the parties to the PPP agreement acting jointly, if they so agree; or

(b) by any party to the PPP agreement.

(2) Where a matter is referred by virtue of subsection (1) above to the PPP arbiter for consideration he shall consider the matter and—

(a) if the matter was referred under paragraph (a) of that subsection, shall give to the parties who referred the matter such guidance as he considers appropriate; or

(b) if the matter was referred under paragraph (b) of that subsection, may give to the parties to the PPP agreement such guidance as he considers appropriate.

(3) The guidance which may be given by the PPP arbiter by virtue of subsection (2) above includes guidance about any matter which he considers relevant to the PPP agreement in question.

(4) Where the PPP arbiter has given any guidance under this section in relation to a matter which is subsequently referred to him for direction under subsection (3) of section 229 above, the direction which may be given by the PPP arbiter under that subsection is not restricted by that guidance.

Duty of the PPP arbiter.

231

(1) In giving in relation to a PPP agreement—

(a) any direction under section 229(3) above, or

(b) any guidance under section 230(2) above,

the PPP arbiter shall act in the way he considers best calculated to achieve the objectives specified in subsections (2) to (5) below.

(2) The objective specified in this subsection is to ensure that an opportunity to review and amend the requirements imposed, or proposed to be imposed, on a PPP company by or under the PPP agreement in question is afforded to the appropriate relevant body if, in the opinion of the PPP arbiter, the proper price for the performance of those requirements exceeds the resources which that relevant body has notified to the PPP arbiter that it has, or expects to have, available for the purpose.

In this subsection appropriate relevant body means a relevant body which is a party to the PPP agreement and is to pay the price under the agreement.

(3) The objective specified in this subsection is to promote efficiency and economy—

(a) in the provision, construction, renewal, or improvement, as the case may be, and

(b) in the maintenance,

of the railway infrastructure to which the PPP agreement in question relates.

(4) The objective specified in this subsection is to ensure that any rate of return incorporated in the PPP agreement in question would, in the opinion of the PPP arbiter,—

(a) taking into account such matters as may be specified in the PPP agreement, and

(b) leaving out of account such other matters as may be so specified,

be earned by a company which is efficient and economic in its performance of the requirements imposed on the PPP company by or under the PPP agreement.

(5) The objective specified in this subsection is to enable any PPP company which is a party to the PPP agreement in question to plan the future performance of the agreement with reasonable certainty.

(6) In giving any such direction or guidance as is mentioned in subsection (1) above the PPP arbiter is to take account of any factors which—

(a) are notified to him by the parties to the PPP agreement in question, acting jointly, as factors to which he must have regard when giving the direction or guidance in question, or

(b) are factors specified or described in the PPP agreement in question as factors to which the PPP arbiter must have regard in giving any direction under section 229(3) above or any guidance under section 230(2) above.

(7) For the purposes of subsection (4) above, a rate of return is incorporated in a PPP agreement if, and only if, the PPP agreement—

(a) contains provision specifying, or for determining, the rate of return which the PPP company in question might reasonably expect to earn; and

(b) states that subsection (4) above is to have effect in relation to that provision.

(8) In this section railway infrastructure means the railway or proposed railway in question and includes a reference to any stations, rolling stock or depots used or to be used in connection with that railway.

Further powers.

232

(1) For the purposes of the proper discharge of the functions conferred or imposed on him by or under this Act, the PPP arbiter may—

(a) carry out inspections of such of the railway infrastructure or equipment belonging to, or under the control of, any party to a PPP agreement as he considers appropriate;

(b) consult such bodies or persons as he considers appropriate in relation to any direction or guidance given or proposed to be given by him;

(c) do all such things as he considers appropriate for or in connection with the giving of a direction under section 229(3) above or guidance under section 230(2) above; and

(d) do such other things as he considers necessary or expedient.

(2) The powers conferred on the PPP arbiter by this section and section 233 below are exercisable for purposes preparatory or ancillary to the giving of directions or guidance under this Chapter generally and notwithstanding that there is no matter in relation to which a direction under section 229(3) above, or guidance under section 230(2) above, is required.

(3) In this section railway infrastructure has the same meaning as in section 231 above.

Provision of information to the PPP arbiter.

233

(1) Any person falling within subsection (2) below shall, at the request of the PPP arbiter, provide him with such information as the PPP arbiter considers relevant to the proper discharge of the functions conferred or imposed on him by or under this Act and as may be specified or described in the request.

(2) The persons who fall within this subsection are—

(a) any party to a PPP agreement;

(b) any associate of a party to a PPP agreement; and

(3) The information shall be provided in such form and manner, and within such time, as may be specified in the request.

(4) A person is not obliged by virtue of this section to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.

(5) For the purposes of subsection (2)(b) above, associate, in relation to a party to a PPP agreement, means—

(a) a parent undertaking of that party;

(b) a subsidiary undertaking of any parent undertaking of that party;

(d) an undertaking in which that party, or any undertaking falling within paragraphs (a) to (c) above, has a participating interest.

(6) For the purposes of subsection (5) above—

parent undertaking and subsidiary undertaking shall be construed in accordance with section 1162 of the Companies Act 2006 ;

undertaking has the meaning given by section 1161(1) of that Act; and

participating interest has the meaning given by section 421A of the Financial Services and Markets Act 2000 .

Failure to provide information to PPP arbiter.

234

(1) If a person fails to comply with a request under section 233(1) above, the PPP arbiter may serve a notice on that person requiring him—

(a) to produce to the PPP arbiter, at a time and place specified in the notice, any documents which are specified or described in the notice and are in his custody or under his control; or

(b) to provide to the PPP arbiter, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice.

(2) No person shall be required under this section—

(a) to produce any documents which he could not be compelled to produce in civil proceedings in the court; or

(b) in complying with any requirement for the provision of information, to provide any information which he could not be compelled to give in evidence in any such proceedings.

(3) A person who intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under subsection (1) above is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine.

(4) If a person makes default in complying with a notice under subsection (1) above, the court may, on the application of the PPP arbiter, make such order as the court thinks fit for requiring the default to be made good.

(5) Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.

(6) In this section—

(a) any reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and

(b) the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

(7) In this section the court means the High Court.

Restrictions on disclosure of information.

235

(1) Subject to the following provisions of this section, no information with respect to any particular business which—

(a) has been obtained by the PPP arbiter under or by virtue of any of the provisions of this Chapter, and

(b) relates to the affairs of any individual or to any particular business,

shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.

(2) Subsection (1) above does not apply to any disclosure of information which is made—

(a) for the purpose of facilitating the carrying out by the Secretary of State, the Mayor of London, Transport for London or the PPP arbiter of any of his or, as the case may be, its functions under this Act;

(b) for the purpose of facilitating the carrying out by the Secretary of State, the Office of Rail and Road, ... the Competition and Markets Authority or the Mayor of any of his or, as the case may be, its functions under the Railways Act 1993 , the Railways Act 2005 , the Railway (Licensing of Railway Undertakings) Regulations 2005 or the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016;

(i) any Minister of the Crown,

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) the Competition and Markets Authority

(iv) the Office of Communications,

(v) the Director General of Gas Supply,

(vi) the Water Services Regulation Authority,

(vii) the Director General of Electricity Supply,

(viii) the Civil Aviation Authority,

(ix) ... or

(x) a local weights and measures authority in Great Britain,

of any of his or, as the case may be, its functions under any of the enactments or instruments specified in subsection (3) below;

(d) for the purpose of enabling or assisting the Secretary of State or the Treasury to exercise any powers conferred by the Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency or for the purpose of enabling or assisting any inspector appointed under the enactments relating to companies to carry out his functions;

(e) for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the Insolvency Act 1986 to carry out its functions as such;

(f) for the purpose of facilitating the carrying out by ... the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;

(fa) for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of any of its functions under any enactment;

(g) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

(k) for the purposes of any civil proceedings brought under or by virtue of this Act or any of the enactments or instruments specified in subsection (3) below; or

(l) in pursuance of an EU obligation.

(3) The enactments and instruments referred to in subsection (2) above are—

(a) the Trade Descriptions Act 1968;

(b) the Fair Trading Act 1973;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the Estate Agents Act 1979;

(g) the Competition Act 1980;

(h) the Telecommunications Act 1984;

(j) the Airports Act 1986;

(k) the Gas Act 1986;

(l) the Insolvency Act 1986;

(m) the Consumer Protection Act 1987;

(n) the Electricity Act 1989;

(o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p) the Water Industry Act 1991;

(q) the Water Resources Act 1991;

(r) the Railways Act 1993;

(rr) the Competition Act 1998

(rs) the Enterprise Act 2002;

(rt) the Communications Act 2003;

(rta) the Water Act 2003;

(ru) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.

(t) Part 1 of the Civil Aviation Act 2012

(u) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013

(v) the Water Act 2014.

(w) the following provisions of the Digital Markets, Competition and Consumers Act 2024—

(i) Part 3;

(ii) Chapter 1 of Part 4;

(iii) Chapter 2 of Part 5.

(4) The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such modifications as are specified in the order.

(5) The prohibition imposed by subsection (1) above shall be enforceable by civil proceedings—

(a) by the individual mentioned in that subsection, or

(b) by the person for the time being carrying on the business there mentioned,

for an injunction or for any other appropriate relief or remedy.

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

Immunity.

236

(1) The PPP arbiter is not liable for anything done or omitted in the discharge or purported discharge of his functions as the PPP arbiter unless the act or omission is shown to have been in bad faith.

(2) Subsection (1) above applies to a member of the staff of, or an agent of, the PPP arbiter as it applies to the PPP arbiter.

Expenses.

237

(1) The following expenses, namely—

(a) any sums payable by virtue of section 226(2) or (3) above, and

(b) any expenses duly incurred by the PPP arbiter or by any staff of the PPP arbiter,

shall be defrayed by the Secretary of State.

(2) A relevant body which is a party to a PPP agreement shall pay to the Secretary of State, at such times as he may direct, such sums as the Secretary of State may determine in respect of expenses defrayed by the Secretary of State under subsection (1) above.

(3) A PPP agreement may provide that sums paid by a relevant body by virtue of subsection (2) above, or any portion of such sums as may be specified or described in the PPP agreement, may be recovered by the relevant body from a PPP company which is a party to the PPP agreement.

(4) Where a PPP agreement includes provision by virtue of subsection (3) above making any sum recoverable by a relevant body, the directions which may be given under section 229(3) above include directions varying the amount so recoverable.

(5) Sums received by the Secretary of State by virtue of this section shall be paid into the Consolidated Fund.

Miscellaneous and supplementary

Statutory undertakers.

238

Where, by virtue of a PPP agreement, statutory functions relating to a railway are exercisable by a PPP company, the PPP company shall, as respects any matter arising from the carrying out of the subject-matter of the PPP agreement, be taken to be authorised by an enactment to carry on a railway undertaking.

Interpretation of Chapter VII.

239

(1) In this Chapter, unless the context otherwise requires—

key system assets has the meaning given by section 213(1) above;

locomotive means any railway vehicle which has the capacity for self-propulsion (whether or not the power by which it operates is derived from a source external to the vehicle);

PPP agreement has the meaning given by section 210 above;

PPP arbiter shall be construed in accordance with section 225(1) above;

PPP company shall be construed in accordance with section 210(5) above;

PPP designation shall be construed in accordance with section 212(1) above;

PPP lease has the meaning given by section 218 above;

PPP related third party shall be construed in accordance with section 215(2)(b) above;

PPP related third party agreement means any arrangements falling within section 215(2)(b) above;

premises includes any land, building or structure;

public sector operator has the meaning given by section 211 above;

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

railway vehicle includes anything which, whether or not it is constructed or adapted to carry any person or load, is constructed or adapted to run on flanged wheels over or along a railway;

the relevant 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;

relevant body has the meaning given by section 210(2) above (that is to say, London Regional Transport, Transport for London or a subsidiary of London Regional Transport or Transport for London);

rolling stock means any carriage, wagon or other vehicle used on a railway and includes a locomotive;

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;

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

vehicle includes a railway vehicle.

(2) Any reference in this Chapter to a railway includes a reference to any stretch of track comprised in a railway.

Chapter VIII — Travel Concessions

Travel concessions on journeys in and around Greater London.

240

(1) Subject to subsection (3) below, any local authority, or any two or more local authorities acting jointly, may enter into arrangements with Transport for London under which—

(a) Transport for London grants, or arranges with some other person for that other person to grant, such travel concessions as may be provided for by the arrangements to such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements; and

(b) that local authority reimburses (or, as the case may be, those local authorities in such proportions respectively as they may agree amongst themselves reimburse) the cost incurred in granting those concessions.

(2) Subject to subsection (3) below, any London authority, or any two or more London authorities acting jointly, may enter into, with any independent transport service operator or with the Secretary of State , arrangements under which—

(a) that operator or (as the case may be) the Secretary of State grants such travel concessions as may be provided for by the arrangements to such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements; and

(b) that authority reimburses (or, as the case may be, those authorities in such proportions respectively as they may agree among themselves reimburse) the cost incurred in granting those concessions.

(3) The concessions that may be provided for by any arrangements under subsection (1) or (2) above are concessions on journeys—

(a) between places in Greater London;

(b) between such places and places outside but in the vicinity of Greater London; or

(4) Any arrangements entered into by a local authority under subsection (1) or (2) above may include provision for the performance of functions in connection with the travel concessions in question by the local authority or local authorities concerned.

(5) The persons eligible to receive travel concessions under arrangements made under subsection (1) or (2) above by an authority are

(a) persons appearing to the authority to have their sole or principal residence in the authority's area and to be persons—

(i) who have attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995);

(ii) who are blind;

(iii) who are partially sighted;

(iv) who are profoundly or severely deaf;

(v) who are without speech;

(vi) who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk;

(vii) who do not have arms or have long-term loss of the use of both arms;

(viii) who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning; or

(ix) who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol.; or

(b) persons to whom a current statutory travel concession permit has been issued under section 145A(4) of the Transport Act 2000.

(5A) The Secretary of State may issue guidance to local authorities to which they must have regard in determining whether a person falls within subsection (5)(a)(ii) to (ix) above.

(5B) Before issuing guidance under subsection (5A) above the Secretary of State shall consult—

(a) the Disabled Persons Transport Advisory Committee;

(b) associations representative of local authorities; and

(5C) The Secretary of State may issue guidance to local authorities to which they must have regard in determining for the purposes of this Chapter whether a person has his sole or principal residence in an authority's area.

(6) In subsection (2) above independent transport service operator means any person, other than a person to whom subsection (7) below applies, operating—

(a) a public service vehicle undertaking (public service vehicle for this purpose having the meaning given by section 1 of the Public Passenger Vehicles Act 1981);

(b) a system using guided transport within the meaning of subsection (1) of section 67 of the Transport and Works Act 1992;

(d) a tramway within the meaning of that subsection;

(e) a trolley vehicle system within the meaning of that subsection; or

(f) an undertaking providing public passenger transport services on the river Thames or a tributary of the river Thames between places in Greater London or between places in Greater London and places outside Greater London.

(7) This subsection applies to—

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

(b) the Secretary of State ; and

(c) any person providing public passenger transport services in pursuance of an 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.

(8) In this Chapter—

. . .

local authority means the council of a county or district and any London authority;

London authority means any London borough council and the Common Council; and

travel concession means the reduction or waiver of a fare or charge either absolutely or subject to terms, limitations or conditions.

(9) For the purposes of this Chapter a reference to an agreement entered into by Transport for London under section 156(2) or (3) above 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 below has effect as if made by Transport for London.

Reserve free travel scheme ....

241

(1) If immediately before 1st January in any financial year it appears to Transport for London that there are not for the time being in force arrangements under section 240(1) above for travel concessions ... which—

(a) meet the requirements of section 242 below as to scope,

(b) meet the requirements of section 243 below as to uniformity, and

there shall have effect during that next following financial year a scheme (the free travel scheme) for the purpose of ensuring that travel concessions are provided for all eligible England residents and that additional travel concessions are provided for alleligible London residents.

(2) Where individual arrangements under section 240(1) above made between a particular local authority or local authorities and Transport for London apply to certain eligible England residents or certain eligible London residents only, all arrangements so made shall be considered together for the purpose of determining whether the requirements of sections 242 and 243 below are satisfied.

(3) In any financial year during which the free travel scheme has effect it shall be the duty of Transport for London to provide or secure the provision of the travel concessions for eligible England residents and the additional travel concessions for eligible London residents required by the free travel scheme.

(4) In this Chapter—

“eligible England residents” means—persons to whom a current statutory travel concession permit has been issued under section 145A(4) of the Transport Act 2000, andeligible London residents;

“eligible London residents” means persons whose sole or principal residence is in Greater London and who are eligible in accordance with section 240(5)(a) above to receive travel concessions under arrangements under subsection (1) of that section.

(5) Schedule 16 to this Act (which makes further provision relating to the free travel scheme) shall have effect.

Requirements as to scope.

242

(1) Arrangements under section 240(1) above for travel concessions ... meet the requirements of this section as to scope if they provide

(a) for the grant of travel concessions to all eligible London residents on journeys falling within subsection (2) below;

(b) for the grant to all eligible England residents of the travel concession specified in subsection (8) below; and

(c) for the grant to all eligible London residents of the additional travel concession specified in subsection (8A) below.

(1A) Paragraphs (b) and (c) of subsection (1) above are not to be taken as restricting the concessions that may be provided to eligible London residents on the London bus network by virtue of paragraph (a) of that subsection.

(2) The journeys referred to in subsection (1)(a) above are journeys of a description falling within section 240(3) above, on the London Local Transport Network.

(3) For the purposes of this Chapter, the London Local Transport Network consists of—

(a) bus services which together make up the London bus network within the meaning of section 181 above;

(b) services using a system of guided transport which are provided by Transport for London or under an agreement entered into by Transport for London under section 156(2) or (3)(a) above or under a transport subsidiary’s agreement;

(d) tramway services which are so provided; and

(e) services on the river Thames or a tributary of the river Thames which are so provided.

(4) In subsection (3) above guided transport, railway and tramway have the same meanings as in section 240(6) above.

(5) Subsection (1)(a) above does not preclude the imposition of terms, limitations or conditions with respect to the particular journeys falling within subsection (2) above on which travel concessions are available.

(6) Such terms, limitations or conditions may make different provision for different categories of eligible London residents.

(7) In this Chapter a reference to a category of eligible London residents is a reference to a category specified in any one of the sub-paragraphs of section 240(5)(a) above.

(8) The travel concession which must be granted for all eligible England residents is a waiver of the fare for each journey beginning on the London bus network—

(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 the period from 9.30 am to 11.00 pm on any other day,

(whether or not the journey ends on that network).

(8A) The additional travel concession which must be granted for all eligible London residents is a waiver of the fare for each journey which is on the London bus network and which begins—

(a) in the period from midnight to 4.30 am; or

(b) in the period from 11.00 pm to midnight,

on any day other than one mentioned in subsection (8)(a) above.

(8B) In subsections (8) and (8A) above “journey” means a journey on one public service vehicle (in one direction); and for this purpose “public service vehicle” has the meaning given by section 1 of the Public Passenger Vehicles Act 1981.

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

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

Requirements as to uniformity.

243

(1) Arrangements under section 240(1) above for travel concessions ... meet the requirements of this section as to uniformity if they—

(a) make the same provision, for all eligible London residents of the same category, with respect to the benefit of any travel concession granted to those residents under the arrangements and the periods during which it is available;

(b) make the enjoyment of the benefit of any travel concession granted under the arrangements conditional on the production, by any person seeking to travel under that concession, of a travel concession permit ...

(i) issued to the person in accordance with the arrangements by the London authority in whose area the person has his sole or principal residence (in the case of an eligible London resident), or

(ii) issued to the person pursuant to section 145A(4) of the Transport Act 2000 (in the case of any other eligible England resident) and;

(c) make the same provision with respect to the period of validity of all travel concession permits issued in accordance with the arrangements to eligible London residents of the same category,

whether or not, in any other respects, the arrangements make different provision for different cases to which they apply.

(2) References in subsection (1) above to the benefit of a travel concession are references to the waiver or reduction of any fare or charge to which the arrangements in question apply, as distinct from any terms, limitations or conditions applicable to that waiver or reduction in accordance with the arrangements.

(3) For the requirements of this section as to uniformity to be met it is sufficient that those requirements are met in relation to each description of services comprising the London Local Transport Network individually.

(4) The reference in subsection (3) above to a description of services is a reference to the descriptions mentioned in paragraphs (a) to (e) of section 242(3) above.

(5) In this Chapter travel concession permit means, in relation to a travel concession granted under or by virtue of this Chapter, a permit in any form (subject to any regulations under subsection (7) below) indicating that the person to whom it is issued is a person entitled in accordance with the provisions of this Chapter to receive the concession in question.

(6) No charge may be made for the issue to an eligible London resident of a travel concession permit relating to the travel concession specified in section 242(8) and (8A) above.

(7) Subject to subsection (1)(c) above, the Secretary of State may by regulations make provision about the form and period of validity of travel concession permits issued by a London authority relating to the travel concession specified in section 242(8) and (8A) above.

Exercise of functions by a joint committee.

244

(1) If all the London authorities enter into arrangements under section 101(5) of the Local Government Act 1972 for the joint discharge of their functions under—

(a) subsection (1) of section 240 above, or

(b) subsection (2) of that section, or

(c) sections 148 to 150 of the Transport Act 2000 (enforcement and reimbursement of mandatory concession for journeys not beginning on the London bus network),

and the arrangements so provide, then this section shall apply.

(2) The arrangements shall have effect for such period as may be specified in the arrangements or until otherwise terminated by the unanimous decision of the London authorities.

(3) The arrangements must provide for the function to be discharged only by a joint committee under section 101(5)(a) of the Local Government Act 1972.

(4) The joint committee must consist of one member of each London authority.

(5) Decisions of the joint committee must be unanimous decisions of those present and voting.

(6) Subsection (5) above is subject to a resolution of the joint committee, passed unanimously by those present and voting, that—

(a) decisions of a kind specified in the resolution, or

(b) decisions generally,

may be made by such majority of those present and voting as may be specified in the resolution.

(7) The majority specified in a resolution under subsection (6) above must be not less than two-thirds of the members of the joint committee.

(8) In consequence of the preceding provisions of this section—

(a) section 102 of the Local Government Act 1972 (appointment of committees) has effect in relation to the joint committee subject to those provisions; and

(b) paragraph 39(1) of Schedule 12 to that Act (questions to be decided by simple majority), as applied to a joint committee by paragraph 44(1) of that Schedule, does not have effect in relation to the joint committee.

Chapter 8A — Bus byelaws

London local service byelaws

Power to make byelaws for London local services

244A

(1) Transport for London may make byelaws regulating one or more of the following—

(a) travel on London local services;

(b) the maintenance of order on London local services;

(2) The byelaws may, in particular, make provision—

(a) with respect to tickets and other things (whether in physical or electronic form) which authorise a person to enter and travel on London local services;

(b) with respect to the evasion of payment of fares or other charges;

(d) prohibiting vaping by persons on London local services;

(e) with respect to the prevention of nuisance.

(3) The byelaws may provide that a person contravening them is guilty of an offence and liable, on summary conviction, to a fine not exceeding—

(a) level 3 on the standard scale, or

(b) such lower level or lower amount as is specified in the byelaws.

Enforcement

Powers of authorised persons

244B

(1) An authorised person may—

(a) issue a fixed penalty notice (see section 244C) to anyone who that person has reason to believe has committed—

(i) a bus byelaws offence,

(ii) a premises byelaws offence, or

(iii) an offence under this section;

(b) require a person whom the authorised person reasonably suspects of committing or attempting to commit a bus byelaws offence to do one or both of the following—

(i) to give their name and address;

(ii) to leave any vehicle in relation to which the byelaws under section 244A apply.

(2) An authorised person may use reasonable force to remove a person who has failed to comply with a requirement under subsection (1)(b)(ii).

(3) A person who fails to comply with a requirement under subsection (1)(b) commits an offence and is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(4) The Secretary of State may issue guidance about the exercise of functions under this section and section 244C, and Transport for London and authorised persons must have regard to the guidance when exercising those functions.

(5) The Secretary of State may at any time vary or revoke guidance issued under subsection (4).

(6) The Secretary of State must publish—

(a) guidance issued under subsection (4), and

(b) any variation or revocation of the guidance.

(7) In this section—

“authorised person” means a person authorised for the purposes of this section by Transport for London;

“bus byelaws offence” means an offence under byelaws made under section 244A;

“premises byelaws offence” means an offence under byelaws made under section 25 of the London Transport Act 1969 committed on premises used by a London local service.

Fixed penalty notices

244C

(1) A fixed penalty notice issued under section 244B is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to Transport for London.

(2) Where a person is issued with a fixed penalty notice in respect of an offence—

(a) no proceedings may be taken for the offence before the end of the period of 14 days following the date of the notice;

(b) the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(3) A fixed penalty notice must—

(a) give reasonably detailed particulars of the circumstances alleged to constitute the offence;

(b) state the period during which (because of subsection (2)(a)) proceedings will not be taken for the offence;

(d) state the name and address of the person to whom the fixed penalty may be paid;

(e) specify permissible methods of payment.

(4) An amount specified under subsection (3)(c) must not be more than £100.

(5) A fixed penalty notice may specify two amounts under subsection (3)(c) and specify that, if the lower of those amounts is paid within a specified period (of less than 14 days), that is the amount of the fixed penalty.

(6) Whatever other method may be specified under subsection (3)(e), payment of the fixed penalty may be made by pre-paying and posting to the person whose name and address is stated under subsection (3)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(7) Where a letter is sent as mentioned in subsection (6), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(8) In any proceedings, a certificate that—

(a) purports to be signed by or on behalf of the person with responsibility for the financial affairs of Transport for London, and

(b) states that payment of the fixed penalty was, or was not, received by the date specified in the certificate,

is evidence of the facts stated.

Chapter IX — Penalty Fares

Penalty fares.

245

Schedule 17 to this Act shall have effect for the purpose of providing for the payment of penalty fares in the circumstances set out in that Schedule.

Chapter X — The Transport Users’ Committee

Abolition of the London Regional Passengers’ Committee.

246

(1) Section 40 of the London Regional Transport Act 1984 (which established the London Regional Passengers’ Committee) shall cease to have effect.

(2) Any appointment to the London Regional Passengers’ Committee in pursuance of that section shall cease to have effect.

The London Transport Users’ Committee.

247

(1) There shall be a body corporate to be known as the London Transport Users’ Committee, referred to in this Chapter as the Committee.

(2) The Committee shall consist of—

(a) a Chairman, and

(b) not more than twenty-four other members,

appointed by the Assembly after consultation with the Secretary of State .

(3) In appointing members under subsection (2) above, the Assembly shall have regard to the desirability of ensuring that the members of the Committee between them represent the interests of—

(a) those who use passenger transport facilities and services in Greater London, and

(b) those who use rail passenger transport facilities and services in the area for which the Committee fell, immediately before the repeal of section 2 of the Railways Act 1993 (Rail Passengers' Committees), to be treated as the Rail Passengers' Committee for the purposes specified in subsection (4) of that section .

(4) A person may not be appointed under subsection (2) above if he is—

(a) an Assembly member,

(b) a member of Transport for London,

(d) a member of staff of the Authority.

(5) If, at any time after he is appointed, a member of the Committee becomes a person within subsection (4)(a) to (d) above, he shall cease to be a member of the Committee.

(6) The Assembly may designate one or more members of the Committee to be deputy chairman or (as the case may be) deputy chairmen of the Committee.

(7) Schedule 18 to this Act shall have effect with respect to the Committee.

Representations to the Committee.

248

(1) The Committee shall consider and, where it appears to the Committee to be desirable, make recommendations with respect to, any matter—

(a) affecting the functions of the Authority or Transport for London which relate to transport, and

(b) falling within subsection (3) below, other than a matter relating to the transportation of freight.

(2) The matters falling within subsection (1)(a) above include in particular any matter relating to—

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

(b) services or facilities provided in pursuance of an agreement entered into by Transport for London or in pursuance of a transport subsidiary’s agreement,

(d) a hackney carriage or a person licensed to be the driver of a hackney carriage, or

(e) a private hire vehicle or a person who holds a private hire vehicle driver’s licence or a private hire vehicle operator’s licence.

(3) A matter falls within this subsection—

(a) if it has been the subject of representations (other than representations appearing to the Committee to be frivolous) made to the Committee by or on behalf of users of—

(i) any of the services or facilities mentioned in subsection (2) above, or

(ii) hackney carriages or private hire vehicles,

(b) if it has been referred to the Committee by Transport for London or the Authority, or

(4) Where a representation is made to the Committee in respect of a matter relating to a highway for which Transport for London is the highway authority and the traffic authority, the Committee shall in making any recommendation under subsection (1) above consider the interests of all those who use the highway for the purposes of passenger transport, including cyclists and pedestrians.

(5) Where a representation is made to the Committee about a matter—

(a) which relates to passenger transport by land or water in Greater London, but

(b) which is not a matter the Committee must consider by virtue of subsection (1) above,

the Committee shall refer the matter to the person whom the Committee considers the most appropriate to consider the matter.

(6) Where a representation is made to the Committee about a matter falling within subsection (2)(d) or (e) above and the matter relates to—

(a) any contravention of, or failure to comply with, any rule of law, or

(b) any breach of condition of a licence which has been granted by Transport for London,

the Committee shall refer the matter to Transport for London and shall notify the person who made the representation of the referral.

(7) Where the Committee refers a matter under subsection (5) above, the Committee shall inform the person who made the representation of the name of the body or person to whom the matter has been referred.

(8) In this section—

hackney carriage means a vehicle licensed under section 6 of the Metropolitan Public Carriage Act 1869;

person licensed to be the driver of a hackney carriage means a person licensed under section 8 of the Metropolitan Public Carriage Act 1869 or section 8 of the London Hackney Carriages Act 1843;

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