Greater London Authority Act 1999

• private hire vehicle means a vehicle for which a private hire vehicle licence for London is in force under section 7 of the Private Hire Vehicles (London) Act 1998;

• private hire vehicle driver’s licence means a licence granted under section 13 of that Act;

• private hire vehicle operator’s licence means a licence granted under section 3 of that Act.

Voluntary arrangements with transport providers.

249

• (1) The Committee may enter into arrangements with any person providing public passenger transport services or facilities in Greater London under which the Committee may consider any matter—

• (a) which relates to such transport services or facilities provided by that person, but

• (b) which is not a matter falling within section 248(1) above.

• (2) Arrangements under subsection (1) above shall be on such terms as may be agreed by the parties but may in particular include provision for the person with whom the Committee enters into the arrangements to make such payments by way of reimbursement of costs incurred by the Committee under the arrangements as the arrangements may specify.

• (3) Arrangements under this section may be entered into by the Committee only with the consent of the Assembly.

Recommendations and reports etc.

250

• (1) Copies of the minutes, conclusions and recommendations of the Committee with respect to any matter shall be sent—

• (a) to the Assembly,

• (b) to the Mayor, and

• (c) to Transport for London.

• (2) The Committee shall make an annual report to the Assembly and the Secretary of State .

• (3) Where the Assembly, the Mayor or Transport for London reach a decision with respect to matters dealt with in any recommendation received under subsection (1) above, the decision shall be notified to the Committee.

Directions by the Assembly.

251

• (1) The Assembly may issue to the Committee—

• (a) guidance as to the manner in which they are to exercise their functions, or

• (b) general directions as to the manner in which they are to exercise their functions.

• (2) The Committee shall exercise their functions in accordance with such guidance or directions as may be issued by the Assembly under subsection (1) above.

• (3) Any guidance or directions issued under subsection (1) above must be issued in writing and notified to such officer of the Committee as the Committee may from time to time nominate to the Assembly for the purpose.

Role as Rail Passengers’ Committee.

252

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Schedule 19 to this Act (which contains amendments of enactments relating to the London Regional Passengers’ Committee in consequence of the substitution for that committee of the London Transport Users’ Committee) shall have effect.

Chapter XI — Hackney Carriages and Private Hire Vehicles

Committee to keep railways matters under review

252A

• (1) It shall be the duty of the Committee, so far as it appears to it expedient from time to time to do so—

• (a) to keep under review matters affecting the interests of the public in relation to railway passenger services provided wholly or partly within the London railway area;

• (b) to keep under review matters affecting the provision of station services within that area;

• (c) to make representations to, and to consult, such persons as it thinks appropriate about the matters mentioned in paragraphs (a) and (b); and

• (d) to co-operate with other bodies representing the interests of users of public passenger transport services provided wholly or partly within that area.

• (2) In this section—

• (a) references to the London railway area are references to 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;

• (b) references to railway passenger services include references to bus substitution services; and

• (c) subject to that, 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.

References to Committee in relation to railways

252B

• (1) It shall be the duty of the Committee to investigate any matter relating to a relevant railway matter if—

• (a) it is the subject of a representation made to the Committee by a user or potential user of railway passenger services;

• (b) it is referred to the Committee by the Secretary of State, the Office of Rail and Road, the Passengers’ Council, the London Assembly or Transport for London; or

• (c) it appears to the Committee that it is a matter that it ought to investigate.

• (2) A matter is a relevant railway matter for the purposes of subsection (1) if it relates to—

• (a) the provision of railway passenger services wholly or partly within the London railway area; or

• (b) the provision of station services within that area in a case in which the operator of the station is authorised by a licence under Part 1 of the Railways Act 1993.

• (3) The Secretary of State may also refer the following matters to the Committee for the purpose only of requiring the Committee to prepare a report on them—

• (a) matters relating to the quality of railway passenger services provided wholly or partly within the London railway area; and

• (b) matters relating to the quality of station services provided in that area.

• (4) The Committee must also assist the Secretary of State, to such extent and in such manner as he may require, in ascertaining whether the franchise operator in the case of a particular franchise agreement is attaining the standards set for the provision of the franchised services.

• (5) The Committee is not required to investigate a matter in a case falling within subsection (1)(a) if it appears to the Committee that the representation is frivolous or vexatious.

• (6) Subsection (2) of section 252A applies for the purposes of this section as it applies for the purposes of that section.

Action on investigation under section 252B

252C

• (1) On investigating a matter under section 252B the Committee must, if it considers it appropriate to do so—

• (a) in every case, make appropriate representations to the person providing the service;

• (b) in the case of a service provided under a franchise agreement by a person other than the franchisee, make appropriate representations to the franchisee; and

• (c) in the case of a secured service (within the meaning of Part 4 of the Railways Act 2005), make appropriate representations to the Secretary of State.

• (2) In subsection (1) “appropriate representations” means representations about—

• (a) any matter appearing to the Committee to be relevant to the subject-matter of the investigation; and

• (b) any other matter to which a matter so appearing relates.

• (3) Subject to subsection (4), where the Committee—

• (a) having made representations under subsection (1), is of the opinion that it is unable to obtain a satisfactory resolution by that means,

• (b) on investigating a matter, has reason for believing that the holder of a licence under Part 1 of the Railways Act 1993 is contravening a condition of the licence, or is likely to do so, or

• (c) on investigating a matter, has reason for believing that a franchisee in relation to a franchise agreement is contravening the provisions of the agreement, or is likely to do so,

the Committee must refer the matter to the Secretary of State (or if he referred it to the Committee, back to him) with a view to his exercising such of his powers as he considers appropriate in the circumstances of the case.

• (4) Subsection (3) does not apply in a case where representations under subsection (2) have been made to the Secretary of State.

• (5) If the Secretary of State considers that it would be more appropriate for a matter referred to him by the Committee under subsection (3) to be referred to the Office of Rail and Road, he must—

• (a) refer it to that Office, or

• (b) if it was referred to the Committee by that Office, refer it back to that Office,

with a view to that Office exercising such of its powers as it considers appropriate in the circumstances of the case.

• (6) The Committee must not—

• (a) include a proposal for the taking of any steps in representations made by it under this section, or

• (b) make a reference under this section to the Secretary of State by reason only of the failure of a person to take any steps,

unless the test in subsection (7) is satisfied.

• (7) That test is satisfied if, on the basis of the information available to the Committee, it considers that, balancing each of the following against the other—

• (a) the costs of taking the steps, and

• (b) the benefits that will be enjoyed by persons in consequence of the taking of those steps,

the expenditure involved represents good value for money.

• (8) In this section “franchise agreement” and “franchisee” have the same meanings as in Part 1 of the Railways Act 1993.

Reports on investigation etc.

252D

• (1) Where the Committee investigates a matter under section 252B—

• (a) it may prepare a report of its findings; and

• (b) it must do so if required to do so by the Secretary of State in relation to any matter falling within section 252B(3) that was referred to it by him for the purposes of that requirement.

• (2) The Committee must not include a proposal for the taking of any steps in a report prepared by it under this section unless, on the basis of the information available to it, it considers that, balancing each of the following against the other—

• (a) the costs of taking those steps, and

• (b) the benefits that will be enjoyed by persons in consequence of the taking of those steps,

the expenditure involved represents good value for money.

• (3) The Committee—

• (a) must send a copy of every report prepared under this section to the Passengers’ Council; and

• (b) may publish the report;

but the Committee may publish a report relating to findings on a matter referred to the Committee by the Secretary of State only if required to do so by him under this section.

• (4) Where—

• (a) the Committee prepares a report relating to a matter referred to it by the Secretary of State, but

• (b) the report is not a report that the Secretary of State has required under subsection (1)(b),

the Committee must publish the report if it is required to do so by him.

• (5) The Secretary of State may arrange for the publication of any report by the Committee the preparation of which he has required under subsection (1)(b).

• (6) The publication of a report by the Committee or the Secretary of State may be in any manner that the Committee or (as the case may be) the Secretary of State thinks appropriate.

• (7) References in this section to a matter referred to the Committee by the Secretary of State include references to a matter in relation to which he has required the Committee's assistance under section 252B(4).

Power to make exclusions from duties under sections 252A to 252D

252E

• (1) The Secretary of State may by order—

• (a) exclude services from one or more of the duties imposed by sections 252A to 252D;

• (b) provide that one or more of those duties applies to services of a particular class or description, particular services or services provided by a particular person only to such extent as is specified in the order; or

• (c) provide that one or more of those duties applies with specified modifications in the case of services of a particular class or description, particular services or services provided by a particular person.

• (2) Before making an order under this section the Secretary of State must consult the Committee and the Passengers’ Council.

• (3) The power to make exclusions by an order under this section includes—

• (a) power to exclude services of a particular class or description, particular services or services provided by a particular person; and

• (b) power to provide that services are excluded subject to compliance with specified conditions.

• (4) An order under this section may not revoke an exclusion except—

• (a) for breach of a condition; or

• (b) in accordance with the order that made it.

Hackney carriages.

253

Schedule 20 to this Act (which makes provision about hackney carriages) shall have effect.

The Private Hire Vehicles (London) Act 1998.

254

• (1) Except as provided by the following provisions of this section, the functions of the Secretary of State under the Private Hire Vehicles (London) Act 1998 are transferred by this subsection to Transport for London.

• (2) Subsection (1) above does not apply to any functions of the Secretary of State under section 37, 38 or 40 of that Act (transitional provisions, financial provisions and commencement etc).

• (3) Schedule 21 to this Act (which makes amendments to the Private Hire Vehicles (London) Act 1998 in consequence of subsections (1) and (2) above) shall have effect.

• (4) Any regulations made, licence issued, authorisation granted, or other thing done under the Private Hire Vehicles (London) Act 1998, other than section 37, 38 or 40, by or in relation to the Secretary of State before the coming into force of this section shall have effect as from the coming into force of this section as made, issued, granted or done by or in relation to Transport for London.

Provisions consequent on alteration of metropolitan police district.

255

• (1) Where, by virtue of the coming into force of section 323 below, the whole or any part of the area of a district council ceases to be within the metropolitan police district, the following provisions of this section shall have effect.

• (2) The provisions of the Town Police Clauses Act 1847 with respect to hackney carriages, as incorporated in the Public Health Act 1875, shall apply throughout the council’s area.

• (3) The council’s area shall constitute a single licensing area for the purposes of those provisions, without the passing of any resolution under Part II of Schedule 14 to the Local Government Act 1972 (extension resolutions).

• (4) The provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 (hackney carriages and private hire vehicles) shall also apply throughout the council’s area, without the passing of any resolution under section 45 of that Act (application of Part II).

• (5) Where an order is made under section 425 below bringing section 323 below into force, the provision that may be made by virtue of section 420 or 425 below includes provision enabling or facilitating—

• (a) the making of byelaws,

• (b) the issuing of licences, discs or plates, and

• (c) the establishment and operation of a licensing system,

in relation to hackney carriages or private hire vehicles by a district council falling within subsection (1) above in preparation for the coming into force of this section.

• (6) The provision that may be made by virtue of subsection (5) above includes provision for the application of any enactment with or without modification.

• (7) Subsections (5) and (6) above are without prejudice to the provision that may be made by virtue of sections 420 and 425 below.

Chapter XII — Water Transport

Provision of facilities to benefit users of waterways.

256

• (1) Subject to subsection (2) below, Transport for London may provide or secure the provision of such amenities and facilities as it considers would benefit persons using any waterway.

• (2) Before commencing any works for the purposes of exercising the powers under subsection (1) above, Transport for London shall—

• (a) comply with any requirement in an enactment to obtain a licence or consent in respect of the works, or

• (b) if there is no such requirement, obtain the consent to the works of any person who is under a duty to maintain the waterway to which they relate.

The Woolwich Ferry.

257

The duty of the Secretary of State under section 16 of the Metropolitan Board of Works (Various Powers) Act 1885 to work a ferry-boat across the River Thames is transferred to Transport for London by this section.

Landing places: transfer of certain rights and obligations.

258

• (1) This section applies where—

• (a) a landing place was transferred to London Regional Transport or any of its subsidiaries on or after 31st March 1999 but before this section comes into force, or

• (b) after this section comes into force a landing place is transferred to London Regional Transport or any of its subsidiaries pursuant to an agreement made on or after 31st March 1999 but before this section comes into force.

• (2) In this section qualifying landing place—

• (a) means a landing place transferred as mentioned in subsection (1)(a) or (b) above, and

• (b) includes any property associated with the landing place and transferred with it.

• (3) Any agreement —

• (a) made between the transferor of a qualifying landing place and the owner of a vessel, or with a waterman in respect of a vessel not owned by him, and

• (b) which concerns the use of the qualifying landing place by the vessel,

shall have effect on and after the relevant date in accordance with subsections (4) to (6) below.

• (4) The agreement shall have effect as if—

• (a) the transferee had been a party to the agreement instead of the transferor;

• (b) for any reference to the transferor there were substituted a reference to the transferee;

• (c) any reference to any officer or member of staff of the transferor were a reference to such person as the transferee may appoint or, in default of appointment, to the officer or member of staff of the transferee who most closely corresponds to the transferor’s officer or member of staff;

and this subsection shall apply whether or not the agreement is capable of being assigned or transferred.

• (5) An agreement shall only have effect in accordance with subsection (4) above—

• (a) to the extent that the agreement concerns the use of the qualifying landing place by the vessel, and

• (b) in relation to things falling to be done under the agreement on or after the relevant date.

• (6) An agreement shall not have effect in accordance with subsection (4) above to the extent that the transferor and the transferee have made contrary provision.

• (7) For the purposes of this section—

• landing place means any waterside landing place, pier, jetty, pontoon or other similar installation;

• transferee, in relation to a qualifying landing place, means the body (being London Regional Transport or one of its subsidiaries) to which the landing place is or was transferred as mentioned in subsection (1)(a) or (b) above;

• transferor, in relation to qualifying landing place, means the person by whom the landing place is or was transferred to a transferee as mentioned in subsection (1)(a) or (b) above;

• relevant date, in the case of a qualifying landing place, means—the date when this section comes into force if on that date the landing place has been transferred to a transferee, orif the landing place has not been so transferred, the date when it is transferred to the transferee;

• waterman means a person who navigates a vessel used for carrying passengers for reward.

Chapter XIII — Highways

GLA roads

Introductory.

259

• (1) Section 1 of the Highways Act 1980 (highway authorities: general provisions) shall be amended as follows.

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

(2A) Transport for London is the highway authority for all GLA roads.

• (3) In subsection (3) (highways for which a London borough council or the Common Council is the highway authority) after which are not there shall be inserted “ for the time being GLA roads or ”.

• (4) In section 2(1) of the Highways Act 1980 (highway authority for road which ceases to be a trunk road) for paragraph (b) (roads in London boroughs) there shall be substituted—

(b) where the road is situated in Greater London, Transport for London,

• (5) After subsection (2) there shall be added—

(3) Where Transport for London becomes the highway authority for a road by virtue of subsection (1) above, the road shall become a GLA road.

Designation of first GLA roads.

260

After section 14 of the Highways Act 1980 there shall be inserted—

(14A) (1) The Secretary of State may by order designate highways or proposed highways as highways which are to be GLA roads. (2) Any highway or proposed highway so designated— (a) shall become a GLA road, and (b) if it is a trunk road or other highway for which the Secretary of State is the highway authority, shall accordingly cease to be such a road or highway, on such date as may be specified in that behalf in the order. (3) Orders under this section may be made or amended at any time before the beginning of the term of office of the first Mayor of London.

Orders by the Authority changing what are GLA roads.

261

After section 14A of the Highways Act 1980 there shall be inserted—

(14B) (1) The Mayor of London shall keep under review the system of highways and proposed highways in Greater London and the allocation of responsibility for that system between the different local highway authorities. (2) If the Mayor of London considers it expedient that— (a) any highway or proposed highway in Greater London, other than a trunk road, should become a GLA road, or (b) that any GLA road should cease to be such a road and should become a road for which the highway authority is a London borough council or the Common Council, the Greater London Authority may by order direct that that highway or proposed highway shall become, or (as the case may be) that that road shall cease to be, a GLA road as from such date as may be specified in that behalf in the order. (3) Where an order under subsection (2) above directs that a highway or proposed highway shall become a GLA road, it shall become such a road as from the date specified in that behalf in the order. (4) Where an order under subsection (2) above directs that a GLA road shall cease to be such a road, then, as from the date specified in that behalf in the order, the road shall cease to be a GLA road and the following authority, that is to say— (a) where the road is situated in a London borough, the council for the London borough, and (b) where the road is situated in the City, the Common Council, shall become the highway authority for the road. (5) An order under this section shall be of no effect unless— (a) it is made with the consent of the relevant highway authority; or (b) if that consent is refused, it is confirmed (with or without modification) by the Secretary of State. (6) For the purposes of subsection (5) above, the relevant highway authority is— (a) in the case of an order directing that a highway or proposed highway shall become a GLA road, the authority which is the highway authority for the highway or proposed highway; and (b) in the case of an order directing that a GLA road shall cease to be such a road, the authority which will become the highway authority for the road in consequence of the order.

Certification and records of GLA roads.

262

After section 14B of the Highways Act 1980 there shall be inserted—

(14C) (1) A certificate by or on behalf of Transport for London that any highway or proposed highway is, or is not, for the time being a GLA road shall be evidence of the facts stated in the certificate. (2) A certificate under subsection (1) above may describe the highway or proposed highway in question by reference to a map. (3) Transport for London shall prepare and maintain a record of the highways which are for the time being GLA roads. (4) The record required to be prepared and maintained under subsection (3) above may consist of— (a) a list; (b) a map; or (c) a list and a map. (5) Transport for London shall deposit a copy of that record with the Greater London Authority, each of the London borough councils and the Common Council. (6) Transport for London, and the Greater London Authority, each of the London borough councils and the Common Council, shall make the record, or (as the case may be) the copies of the record deposited with them, available for inspection by the public at all reasonable hours.

Supplementary provisions.

263

• (1) After section 14C of the Highways Act 1980 there shall be inserted—

(14D) (1) Any reference in any provision of this Act or any other enactment to a GLA road shall be construed as a reference to a highway or proposed highway in Greater London which is for the time being a GLA road by virtue of— (a) section 2(3) above; (b) an order made by the Secretary of State under section 14A above; or (c) an order made under section 14B above by the Greater London Authority. (2) The functions conferred or imposed on the Greater London Authority in relation to GLA roads shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority. (3) Subsection (2) above does not apply in relation to any function expressly conferred or imposed on the London Assembly.

• (2) In section 325 of the Highways Act 1980 (regulations, schemes and orders)—

• (a) in subsection (1)(d) (power to confirm orders exercisable by statutory instrument, except as there mentioned)—

• (i) after sections 14, there shall be inserted “ 14B, ”, and

• (ii) for and 124 there shall be substituted “ , 124 and 266B ”;

• (b) in subsection (2)(b) (orders subject to negative parliamentary procedure) after section there shall be inserted “ 14A or ”.

• (3) Section 326 of the Highways Act 1980 (revocation or variation of schemes and orders) shall be amended as follows.

• (4) In subsection (2) (orders made otherwise than by statutory instrument)—

• (i) after section 14, there shall be inserted “ 14B, ”, and

• (ii) for or 124 there shall be substituted “ , 124 or 266B ”.

• (5) In subsection (6) (orders which may make consequential provision)—

• (i) after section 14, there shall be inserted “ 14A, 14B, ”, and

• (ii) for or 124 there shall be substituted “ , 124 or 266B ”.

• (6) In section 329 of the Highways Act 1980 (further provisions as to interpretation) in subsection (1), the following definition shall be inserted at the appropriate place—

• GLA road shall be construed in accordance with section 14D(1) above;

Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.

264

After section 266 of the Highways Act 1980 there shall be inserted—

(266A) (1) This section applies where, by virtue of an order made by the Greater London Authority under section 14B(2) above, a highway or proposed highway becomes, or ceases to be, a GLA road. (2) As from the operative date there are transferred to the new highway authority by virtue of this section— (a) the property mentioned in subsection (4) below, in so far as, immediately before the operative date, it was vested in the former highway authority for the purposes of their functions in relation to the transferred highway, and (b) all liabilities incurred by any such authority for the purposes of its functions in relation to the transferred highway and not discharged before the operative date, other than loans and loan charges, and the property and liabilities so transferred vest, by virtue of this section, in the new highway authority. (3) There is not transferred to the new highway authority by virtue of this section any right or liability in respect of— (a) work done, services rendered, goods delivered, or money due for payment, before the operative date, or (b) damages or compensation for any act or omission before that date, or (c) the price of, or compensation for, any land purchased, or for which a contract to purchase has been concluded, before that date. (4) The property referred to in subsection (2)(a) above is— (a) land, other than land— (i) vested in the former highway authority for the purpose of being used for the storage of materials required wholly or mainly for the maintenance and improvement of other highways, or (ii) acquired for the improvement or development of frontages to the highway, or of land adjoining or adjacent to the highway, and (b) all other property (including unexpended balances of any grants paid by the Minister to the former highway authority), other than— (i) materials to be used for the maintenance or improvement of the highway, and (ii) the unexpended balances of any loans raised by the former highway authority. (5) Any property vested in the new highway authority by virtue of this section shall be held by it subject to all covenants, conditions and restrictions subject to which the property was held by the former highway authority and to all liabilities affecting the property, except liabilities referred to in subsection (3) above. (6) The new highway authority and the former highway authority may agree, on such terms as they think fit— (a) that any property or liabilities (except loans and loan charges) acquired or incurred by the former highway authority for the purposes of their functions in relation to the transferred highway, other than property or liabilities transferred to the new highway authority by virtue of this section, shall be transferred to the new highway authority, or (b) that any property or liabilities transferred to the new highway authority by virtue of this section shall be re-transferred to the former highway authority. (7) Any dispute between the new highway authority and any other person as to the property or liabilities transferred by virtue of this section shall be determined by arbitration. (8) Paragraphs 1 and 3 to 8 of Schedule 21 to this Act shall have effect for the purpose of providing for transitional matters arising where a highway or proposed highway becomes, or ceases to be, a GLA road as it applies where a highway becomes, or ceases to be, a trunk road; but in having such effect those paragraphs shall be treated as if— (a) for the references to a trunk road there were substituted references to a GLA road, and (b) for the references to the Minister there were substituted references to the new highway authority (within the meaning of this section). (9) For the purposes of this section— - former highway authority means the highway authority for the transferred highway immediately before the operative date; - new highway authority means the highway authority for the transferred highway immediately after the operative date; - operative date means the date on which the highway or proposed highway becomes, or ceases to be, a GLA road; - property includes property, rights and powers of every description; and - transferred highway means the highway or proposed highway which is the subject of the order under section 14B(2) above.

Transfer of employees upon a highway becoming or ceasing to be a GLA road.

265

After section 266A of the Highways Act 1980 there shall be inserted—

(266B) (1) This section applies where, by virtue of an order made by the Greater London Authority under section 14B(2) above, a highway or proposed highway becomes, or ceases to be, a GLA road. (2) The Greater London Authority may, if it is necessary in connection with the highway becoming, or ceasing to be, a GLA road, by order make schemes containing provision for or in connection with the transfer from the former highway authority to the new highway authority of rights and liabilities under contracts of employment. (3) The rights and liabilities which may be transferred by such a scheme include rights and liabilities which would not otherwise be capable of being transferred or assigned. (4) Subsections (5) to (7) below apply where any rights or liabilities under a contract of employment are transferred by virtue of this Act. (5) Anything done by or in relation to the former highway authority in respect of the employee before the day on which the transfer of the rights and liabilities takes effect shall be treated on and after that day as done by or in relation to the new highway authority. (6) For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer. (7) For the purposes of that Act, the employee’s period of employment with the former highway authority shall count as a period of employment with the new highway authority, and the change of employment shall not break the continuity of the period of employment. (8) An order under this section shall be of no effect unless— (a) it is made with the consent of the relevant highway authority; or (b) if that consent is refused, it is confirmed (with or without modification) by the Secretary of State. (9) For the purposes of subsection (8) above, the relevant highway authority is— (a) in a case where the order under section 14B above directs that a highway or proposed highway shall become a GLA road, the former highway authority; and (b) in a case where the order directs that a GLA road shall cease to be such a road, the new highway authority. (10) Section 266A(9) above also applies for the purposes of this section.

London borough councils

Exercise of powers so as to affect another authority’s roads.

266

After section 301 of the Highways Act 1980 there shall be inserted—

(301A) (1) No London borough council shall exercise any power under this Act in a way which will affect, or be likely to affect,— (a) a GLA road, or (b) a road in another London borough, unless the requirements of subsections (2) and (3) below have been satisfied. (2) The first requirement is that the council has given notice of the proposal to exercise the power in the way in question— (a) to Transport for London; and (b) in a case where the road concerned is in another London borough, to the council for that borough. (3) The second requirement is that— (a) the proposal has been approved by Transport for London, in the case of a GLA road, or by the London borough council concerned, in the case of any other road; or (b) the period of one month beginning with the date on which Transport for London and, where applicable, the council received notice of the proposal has expired without Transport for London or the council having objected to the proposal; or (c) any objection made by Transport for London or the council has been withdrawn; or (d) where an objection has been made by Transport for London or a London borough council and not withdrawn, the Greater London Authority has given its consent to the proposal after consideration of the objection. (4) Before deciding whether to give any consent for the purposes of subsection (3)(d) above, the Greater London Authority may cause a public inquiry to be held. (5) If Transport for London has reason to believe— (a) that a London borough council is proposing to exercise a power under this Act in a way which will affect, or be likely to affect, a GLA road or a road in another London borough, and (b) that notice of the proposal is required to be, but has not been, given in accordance with subsection (2) above, Transport for London may give a direction to the council requiring it not to proceed with the proposal until the requirements of subsections (2) and (3) above have been satisfied. (6) If a London borough council exercises any power in contravention of this section, Transport for London may take such steps as it considers appropriate to reverse or modify the effect of the exercise of that power. (7) For the purposes of subsection (6) above, Transport for London shall have power to exercise any power of the London borough council on behalf of that council. (8) Any reasonable expenses incurred by Transport for London in taking any steps under subsection (6) above shall be recoverable by Transport for London from the London borough council concerned as a civil debt. (9) The Mayor of London may issue a direction dispensing with the requirements of subsections (2) and (3) above in such circumstances as may be specified in the direction. (10) A direction under subsection (9) above may, in particular, dispense with those requirements as respects— (a) all or any of the London borough councils; (b) all or any of the GLA roads; (c) all or any of the roads which are neither GLA roads nor trunk roads; (d) the exercise of such powers as may be specified in the direction in such manner or circumstances as may be so specified. (11) Any direction under subsection (9) above may be varied or revoked by a further direction under that subsection. (12) Any reference in this section to a GLA road includes a reference to a GLA side road, within the meaning of the Road Traffic Regulation Act 1984 (see sections 124A(9) and 142(1) of that Act). (13) In this section road means any length of highway or of any other road to which the public has access and includes bridges over which a road passes. (14) Subsection (13) above is without prejudice to the construction of references to GLA roads or GLA side roads. (15) The functions of the Greater London Authority under this section shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority. (16) For the purposes of this section— (a) the City of London shall be treated as if it were a London borough; (b) the Common Council shall be treated as if it were the council for a London borough; and (c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.

Miscellaneous and supplementary

Proposals for Royal Parks and highways: consultation.

267

After section 301A of the Highways Act 1980 there shall be inserted—

(301B) (1) The Secretary of State shall not exercise any of his functions in relation to the management of roads or traffic in a Royal Park in such a way as to affect a highway in Greater London unless he has consulted the highway authority for the highway about the exercise of those functions in that way. (2) A highway authority shall not exercise any of its functions in relation to a highway in Greater London in such a way as to affect a Royal Park unless it has consulted the Secretary of State about the exercise of those functions in that way. (3) The duty imposed by subsection (1) or (2) above shall not apply if it would not be reasonably practicable for the Secretary of State or, as the case may be, the highway authority to consult the other before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State or, as the case may be, the highway authority shall inform the other that those functions have been so exercised. (4) In this section Royal Park means any park to which the Parks Regulation Act 1872 applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926).

Road humps.

268

• (1) The Highways Act 1980 shall be amended as follows.

• (2) In section 90A(1) (construction of road humps by highway authority) at the end of paragraph (b) there shall be inserted

or (c) (whether or not the highway is subject to such a limit) the road humps fall within section 90CA below.

• (3) After section 90C there shall be inserted—

(90CA) (1) A road hump falls within this section if— (a) it is constructed by a local highway authority in Greater London, and (b) the requirements of subsections (2) and (3) below have been complied with. (2) The requirement of this subsection is that before starting to construct the road hump the authority concerned gives the Secretary of State notice stating— (a) the nature, dimensions and location of the proposed road hump, (b) the spacing between the proposed road hump and any other humps constructed, or proposed to be constructed, in the vicinity, (c) the type and description of signs which are proposed to be located in the highway in connection with the proposed hump, (d) the statutory speed limit for motor vehicles to which the highway where it is proposed to construct the hump is subject, and (e) the period (of not less than one month) within which, and the address to which, the Secretary of State may send any comments on the proposal to the authority. (3) The requirement of this subsection is that in deciding— (a) whether to proceed with the construction of the road hump, and (b) what the nature, dimensions and location of the road hump as constructed are to be, the authority concerned has regard to any comments made by the Secretary of State within the period stated in the notice.

• (4) After section 90D(4) there shall be inserted—

(5) Regulations under this section do not apply where a road hump falls within section 90CA above.

• (5) In section 90E(1) for the words from Where to satisfied there shall be substituted “ Where the requirements of subsections (1A), (1B) or (1C) are satisfied in relation to a road hump ”.

• (6) After section 90E(1) there shall be inserted—

(1A) The requirements of this subsection are that— (a) regulations under section 90D above apply to the road hump, (b) the road hump conforms to the regulations, and (c) if the road hump is in a highway maintainable at the public expense, the conditions mentioned in subsection (2) below are satisfied. (1B) The requirements of this subsection are that— (a) the road hump is specially authorised by the Secretary of State, (b) the road hump conforms with the conditions attached to the authorisation, and (c) if the road hump is in a highway maintainable at the public expense, the conditions mentioned in subsection (2) below are satisfied. (1C) The requirements of this subsection are that— (a) the road hump falls within section 90CA, and (b) if the road hump is in a highway maintainable at the public expense, the condition mentioned in subsection (2)(a) below is satisfied.

• (7) Section 90E(3) shall be omitted.

Traffic calming.

269

• (1) The Highways Act 1980 shall be amended as follows.

• (2) In section 90G(1) (powers to carry out traffic calming works) at the end of paragraph (b) there shall be inserted

or (c) fall within section 90GA below,

• (3) In section 90G(2) for subsection (1) there shall be inserted “ subsection (1)(a) or (b) ”.

• (4) After section 90G there shall be inserted—

(90GA) (1) Traffic calming works fall within this section if— (a) the works are constructed by a local highway authority in Greater London, and (b) the requirements of subsections (2), (3) and (4) below have been complied with. (2) The requirement of this subsection is that before starting to construct the works the authority concerned gives the Secretary of State notice stating— (a) the nature, dimensions and location of the proposed works, (b) the type and description of signs which are proposed to be located in the highway in connection with the proposed hump, and (c) the period (of not less than one month) within which, and the address to which, the Secretary of State may send any comments on the proposal to the authority. (3) The requirement of this subsection is that in deciding— (a) whether to proceed with the construction of the works, and (b) what the nature, dimensions and location of the works as constructed are to be, the authority concerned has regard to any comments made by the Secretary of State within the period stated in the notice.

• (4) The requirement of this subsection is that the authority concerned complies with such requirements as to consultation and publicity as may be prescribed by regulations made by the Secretary of State.

• (5) In section 90I for the words from Works to authorisation there shall be substituted—

(1) Works (whenever constructed) to which this subsection applies

• (6) At the end of section 90I there shall be inserted—

(2) Subsection (1) above applies— (a) to works of a description prescribed by regulations under section 90H above or specially authorised under section 90G above which conform to any requirements imposed by the regulations or authorisation, and (b) to works which fall within section 90GA above.

Stopping up orders by London councils.

270

Schedule 22 to this Act (which contains amendments to the Highways Act 1980 and the Town and Country Planning Act 1990) shall have effect.

Chapter XIV — Road Traffic

Transport for London as a traffic authority

Transport for London to be traffic authority for GLA roads etc.

271

• (1) Section 121A of the Road Traffic Regulation Act 1984 (traffic authorities) shall be amended as follows.

• (2) After subsection (1) there shall be inserted—

(1A) Transport for London is the traffic authority for every GLA road.

• (3) In subsection (2) (London borough council or Common Council to be traffic authority for roads in the borough or the City for which the Secretary of State is not the traffic authority) after in the City there shall be inserted “ which are not GLA roads and ”.

GLA side roads.

272

After section 124 of the Road Traffic Regulation Act 1984 there shall be inserted—

(124A) (1) The Secretary of State may by order designate roads or proposed roads as roads which are to be GLA side roads. (2) Any road or proposed road so designated shall become a GLA side road on such date as may be specified in the order. (3) A road may only be a GLA side road if it has a junction with— (a) a GLA road; or (b) another road which has a junction with a GLA road. (4) A road or proposed road shall not be a GLA side road if it is a trunk road or other highway for which the Secretary of State is the highway authority. (5) A road may only be a GLA side road if and to the extent that the appropriate authority considers it appropriate for the road to be a GLA side road in the interests of the management of traffic and the control of the waiting and loading of vehicles on or in the immediate vicinity of GLA roads. (6) The Secretary of State may by order make provision for or in connection with applying in relation to GLA side roads, with such modifications as he thinks fit, the provisions of sections 14B and 14C of the Highways Act 1980 (orders changing what are GLA roads and certification and records of GLA roads). (7) The provision that may be made under subsection (6) above is subject to subsections (3) to (5) above. (8) In this section the appropriate authority means— (a) in relation to an order under subsection (1) above, the Secretary of State; (b) in relation to an order made by the Greater London Authority under section 14B of the Highways Act 1980, as applied under subsection (6) above, the Mayor of London; and (c) in relation to confirmation of such an order by the Secretary of State under that section as so applied, the Secretary of State. (9) Any reference in any provision of this Act or any other enactment to a GLA side road shall be construed as a reference to a road in Greater London which is for the time being a GLA side road by virtue of— (a) an order made by the Secretary of State under subsection (1) above; or (b) an order made by the Greater London Authority under section 14B of the Highways Act 1980, as applied by an order under subsection (6) above. (10) Any functions conferred or imposed on the Greater London Authority in relation to GLA side roads shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority. (11) Subsection (10) above does not apply in relation to any functions expressly conferred on the London Assembly. (12) Any power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Power to place traffic signs in connection with GLA roads etc.

273

• (1) Section 73 of the Road Traffic Regulation Act 1984 (powers and duties of local traffic authorities in Greater London in respect of traffic signs) shall be amended as follows.

• (2) In subsection (1) (power to fix traffic signs to lamp-posts etc in connection with orders under section 6 or 9)—

• (a) after proposed by them, there shall be inserted “ Transport for London, ”;

• (b) the words in their area shall be omitted; and

• (c) after whether or not belonging to there shall be inserted “ Transport for London or ”.

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

(1A) In connection with any GLA road, Transport for London may— (a) exercise, as respects any road in Greater London which is neither a trunk road nor a GLA road, any powers exercisable by the traffic authority for that road in connection with the placing of traffic signs on or near that road in pursuance of section 65 of this Act; and (b) affix any such sign to any lamp-post or other structure in the highway, whether or not belonging to Transport for London. (1B) The power conferred by subsection (1A) above shall be exercisable— (a) in connection with any order under section 6 or 9 of this Act made or proposed to be made by Transport for London; or (b) in any other circumstances. (1C) Before exercising the power conferred by subsection (1A) above, Transport for London shall consult the traffic authority for the road on or near which Transport for London proposes to place the traffic sign.

• (4) In subsection (2) (duty of London borough council and Common Council as to maintenance, alteration and removal of traffic signs in their area)—

• (a) for their area there shall be substituted “ Greater London ”; and

• (b) for the council of a London borough and of the Common Council of the City of London there shall be substituted “ the appropriate traffic authority ”.

• (5) After subsection (2) there shall be inserted—

(2A) For the purposes of subsection (2) above, the appropriate traffic authority, in the case of any traffic sign, is the authority which is the traffic authority for the road as respects which the order under section 6 or 9 of this Act is made in connection with which the traffic sign is required.

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

(6) The powers of Transport for London exercisable under subsection (1A) above by virtue of subsection (1B)(b) above shall extend to the removal or repositioning of any traffic sign on or near the road in question, whether placed by Transport for London or not. (7) On the removal or repositioning by Transport for London of any such traffic sign placed by another authority, the traffic sign shall vest in Transport for London. (8) Except— (a) with the consent of Transport for London, or (b) in pursuance of a direction under section 65(2) of this Act, the traffic authority for a road shall not remove, alter or in any way interfere with any traffic sign placed or repositioned on or near the road by Transport for London by virtue of subsection (1B)(b) above.

• (7) In consequence of the provisions of this section, the sidenote to the section becomes Powers and duties of local traffic authorities in Greater London in respect of traffic signs.

Power to affix traffic signs to walls.

274

• (1) Section 74 of the Road Traffic Regulation Act 1984 (affixing of signs to walls) shall be amended as follows.

• (2) In subsection (1) (which confers the power)—

• (a) before the council of a London borough there shall be inserted “ Transport for London and ”; and

• (b) after shall there shall be inserted “ each ”.

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

(1A) Subsections (2) to (7) below shall apply in relation to Transport for London as they apply in relation to a London borough council.

• (4) In subsection (8) (no derogation from certain other powers) after the powers of there shall be inserted “ Transport for London or ”.

Traffic control systems

Transfer of London Traffic Control System to Transport for London.

275

• (1) So far as relating to—

• (a) GLA roads, and

• (b) roads in Greater London which are neither GLA roads nor trunk roads,

the functions transferred to the Secretary of State by orders under paragraph 10 of Schedule 5 to the Local Government Act 1985 are transferred to Transport for London by this subsection.

• (2) The functions referred to in subsection (1) above are the functions conferred by sections 65, 73, 74 and 75 of the Road Traffic Regulation Act 1984 in respect of traffic signs which are traffic light signals controlling the movement of any class of road traffic (including pedestrians).

• (3) Any expenses reasonably incurred by or on behalf of Transport for London in the exercise, in relation to roads which are not GLA roads, of the functions transferred by this section may be recovered by Transport for London from the London borough councils and the Common Council in such proportions as may be agreed between Transport for London and those authorities or, in default of agreement, as may be determined by Transport for London.

• (4) Any reference in this section to a GLA road includes a reference to a GLA side road.

London borough councils and the London traffic control system.

276

After section 74 of the Road Traffic Regulation Act 1984 there shall be inserted—

(74A) (1) If a London borough council requests Transport for London to provide any new traffic light installations for a road in Greater London which is neither a GLA road nor a trunk road, Transport for London shall approve and carry out the work unless it considers that there are reasonable grounds for refusing to do so. (2) If Transport for London and a London borough council so agree, Transport for London may make a scheme transferring to the council— (a) any part of the London traffic control system, and (b) the power to maintain and operate that part of the system. (3) The council for a London borough may, with the approval of Transport for London, buy, own, maintain and operate new traffic light installations for any road in the borough other than a trunk road. (4) Where the powers conferred by subsection (2) or (3) above are exercised, the London borough council concerned shall, as respects the traffic signs comprised in— (a) the part of the London traffic control system transferred by the scheme under subsection (2) above, or (b) the traffic light installations referred to in subsection (3) above, be treated (to the exclusion of Transport for London) as the traffic authority for all roads in Greater London (other than trunk roads) on or near which those traffic signs are placed. (5) Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between Transport for London and the council concerned. (6) Before Transport for London— (a) changes the operating cycle, or the timing of the operating cycle, of any traffic light installations provided on a road in Greater London which is neither a GLA road nor a trunk road, or (b) provides new traffic light installations for such a road, Transport for London shall consult the council of the London borough in which the installations are or are to be provided. (7) In this section— - the London traffic control system means the traffic control system which Transport for London has power to operate by virtue of the functions transferred to it— 1. by section 275 of the Greater London Authority Act 1999; or 2. by a scheme under subsection (1) or (3) of section 74B of this Act transferring functions of the Secretary of State to Transport for London; - traffic control system means a system for controlling the movement of vehicular traffic or of pedestrians by means of traffic light installations; - traffic light installations means— 1. traffic signs which are light signals for controlling the movement of vehicular traffic or of pedestrians; or 2. any installations or apparatus used in connection with the operation of any such traffic signs. (8) For the purposes of this section— (a) the City of London shall be treated as if it were a London borough; (b) the Common Council shall be treated as if it were the council for a London borough; and (c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.

Transfer of traffic control systems between Secretary of State and Transport for London.

277

After section 74A of the Road Traffic Regulation Act 1984 there shall be inserted—

(74B) (1) If the Secretary of State and Transport for London so agree, the Secretary of State may make a scheme transferring to Transport for London— (a) the traffic control system for a trunk road in Greater London; and (b) the power to maintain and operate that system. (2) If Transport for London and the Secretary of State so agree, Transport for London may make a scheme transferring to the Secretary of State— (a) the London traffic control system; and (b) the power to maintain and operate that system. (3) If, in a case where a traffic control system has been transferred under this section, the transferee and the transferor so agree, the transferee may make a scheme transferring back to the transferor the system and the power to maintain and operate it. (4) A scheme under subsection (1), (2) or (3) above may make provision for the transferee to be treated (to the exclusion of the transferor), as respects the traffic signs comprised in the traffic control system transferred, as the traffic authority for specified roads in Greater London on or near which those traffic signs are placed. (5) Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between the Secretary of State and Transport for London. (6) Any reference in this section to a traffic control system includes a reference to part of a traffic control system. (7) Expressions used in this section and in section 74A above have the same meaning in this section as they have in that section.

Traffic authority for certain traffic signs in Greater London.

278

After section 74B of the Road Traffic Regulation Act 1984 there shall be inserted—

(74C) (1) This section has effect for the purposes of sections 65, 73, 74, 74A, 74B and 75 of this Act. (2) In the application of those provisions to traffic signs in Greater London which are light signals for controlling the movement of vehicular traffic or of pedestrians, Transport for London shall at all times be deemed to be the traffic authority for all roads in Greater London other than trunk roads. (3) Without prejudice to the powers of the traffic authority for the road in question, Transport for London shall also be deemed to be the traffic authority for any road in Greater London for which they are not in fact the traffic authority for the purposes of the exercise by them as respects that road under section 73(1A) above of any powers exercisable by the traffic authority for that road. (4) Subsections (2) and (3) above are subject to any provision to the contrary made by or under section 74A or 74B of this Act.

Road safety and traffic reduction

Road safety information and training.

279

• (1) Section 39 of the Road Traffic Act 1988 (powers of Secretary of State and local authorities as to giving road safety information and training) shall be amended as follows.

• (2) For subsection (2) (duty of local authority to prepare and carry out measures to promote road safety etc) there shall be substituted—

(2) Each relevant authority— (a) if it is a local authority, must prepare and carry out a programme of measures designed to promote road safety, or (b) if it is Transport for London, may prepare and carry out such a programme, and may contribute towards the cost of measures for promoting road safety taken by other authorities or bodies.

• (3) In subsection (3) (duty of local authority to carry out and act upon studies into accidents arising out of the use of vehicles on roads in their area, other than trunk roads) for the words preceding paragraph (a) there shall be substituted “ Each relevant authority— ”.

• (4) In paragraph (a) of that subsection (the duty to carry out the studies)—

• (a) after use of vehicles there shall be inserted—

(i) if it is a local authority,

• (b) after other than there shall be inserted “ GLA roads or ”; and

• (c) at the end there shall be added

or (ii) if it is Transport for London, on GLA roads or parts of GLA roads,

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

(3A) The duties imposed by subsection (3) above are without prejudice to the generality of subsection (2) above and— (a) in the case of a local authority, are to be discharged in pursuance of their duty under subsection (2)(a) above; and (b) in the case of Transport for London, are to be discharged by exercising their powers under subsection (2)(b) above.

• (6) In subsection (4) (definitions) the following definitions shall be inserted at the appropriate places—

• GLA road has the same meaning as in the Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);

The Road Traffic Reduction Act 1997.

280

• (1) In section 1 of the Road Traffic Reduction Act 1997 (interpretation) the following definitions shall be inserted at the appropriate places—

• local implementation plan, in relation to a London council, means the plan prepared by the council under section 145 of the Greater London Authority Act 1999;;

London council means a London borough council or the Common Council of the City of London;;

the Mayor of London’s transport strategy means the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999;.

• (2) Section 2 of that Act (duty of principal councils to make reports) shall be amended as follows.

• (3) In subsection (3) (information or proposals which relate to levels of local road traffic and are required by guidance under subsection (6)) in paragraph (b), after guidance under subsection (6) there shall be inserted “ or (in the case of a report prepared by a London council) directions under subsection (6A) ”.

• (4) After subsection (4), there shall be inserted—

(4A) A report under this section prepared by a London council must take account of the Mayor of London’s transport strategy and the council’s local implementation plan; and— (a) any targets specified in such a report pursuant to subsection (2), and (b) any proposals contained in such a report pursuant to subsection (3), must be in conformity with that strategy and that plan.

• (5) After subsection (6) there shall be inserted—

(6A) The Mayor of London may give directions or issue guidance to London councils in relation to any matter in relation to which the Secretary of State may issue guidance under subsection (6). (6B) The Mayor of London must not give any direction or issue any guidance under subsection (6A) which conflicts with guidance under subsection (6). (6C) A London council preparing a report under this section— (a) shall comply with any directions given under subsection (6A), and (b) shall have regard to any guidance issued under that subsection.

• (6) In subsection (7)(a) (report to be sent to the Secretary of State) after Secretary of State there shall be inserted “ and, if the council is a London council, send a copy of the report to the Mayor of London ”.

Parking

Designation of paying parking places on highways.

281

• (1) Section 45 of the Road Traffic Regulation Act 1984 (designation of paying parking places on highways) shall be amended as follows.

• (2) In subsection (1), in the second paragraph (which requires a local authority outside Greater London which is not the traffic authority to obtain the consent of the traffic authority to any designation) the words outside Greater London shall cease to have effect.

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

(1A) Transport for London may not by virtue of subsection (1) above designate parking places on any highway which is not a GLA road.

• (4) In subsection (7), in the definition of local authority, at the end of paragraph (a) there shall be added “ or Transport for London ”.

• (5) In subsection (7), in the definition of the local authority, after the words in whose area the site is there shall be added

unless the site is in Greater London, in which case— (i) if the site is on a GLA road and the parking place is, or is proposed to be, designated by Transport for London, the local authority means Transport for London; (ii) if the site is on a GLA road and the parking place is, or is proposed to be, designated by the London local authority in whose area the site is, the local authority means that London local authority; and (iii) if the site is on a highway which is not a GLA road, the local authority means the London local authority in whose area the site is.

• (6) After subsection (7) there shall be added—

(8) In this section London local authority means the council of a London borough or the Common Council of the City of London. (9) For the purposes of this section and sections 46 to 55 of this Act, Transport for London’s area shall be taken to be Greater London.

Financial provisions relating to parking places on the highway.

282

• (1) Section 55 of the Road Traffic Regulation Act 1984 (financial provisions relating to designation orders) shall be amended as follows.

• (2) In subsection (1)(a) (accounts in respect of parking places on the highway in the case of London borough councils and the Common Council) after in the case of there shall be inserted “ Transport for London, ”.

• (3) In subsection (3A) (London borough councils and Common Council to report to Secretary of State on action taken with respect to deficit or surplus on their parking account)—

• (a) at the beginning there shall be inserted “ Transport for London, ”; and

• (b) for Secretary of State there shall be substituted “ Mayor of London ”.

• (4) In subsection (4) (purposes for which a surplus on a local authority’s parking account may be applied) the word and immediately preceding paragraph (d) shall be omitted and after that paragraph there shall be added—

(e) in the case of a London authority, meeting all or any part of the cost of the doing by the authority in their area of anything— (i) which facilitates the implementation of the London transport strategy, and (ii) which is for the time being specified in that strategy as a purpose for which a surplus may be applied by virtue of this paragraph; (f) in the case of a London authority, the making to any other London authority of contributions towards the cost of the doing by that other authority of anything towards the doing of which in its own area the authority making the contribution has power— (i) to apply any surplus on the account required to be kept under subsection (1) above; or (ii) to incur expenditure required to be brought into that account.

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

(8) For the purpose of enabling Transport for London and any other London authorities to discharge jointly any functions conferred by virtue of subsection (4)(f) above by a joint committee established under section 101(5) of the Local Government Act 1972, sections 101(5) and 102 of that Act shall have effect as if Transport for London were a local authority. (9) In the application of this section in relation to Transport for London, any reference to its general fund shall be taken as a reference to the financial reserves for which provision is made under section 85(4)(c) of the Greater London Authority Act 1999 in calculating Transport for London’s component budget for the financial year in question. (10) In this section— - London authority means Transport for London, a London borough council or the Common Council of the City of London; - the London transport strategy means the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999.

Appointment of parking adjudicators by joint committee.

283

• (1) Section 73 of the Road Traffic Act 1991 (appointment of parking adjudicators by joint committee of London authorities) shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In subsection (2) (functions of London authorities under sections 73 and 74 to be exercised by the Joint Committee) the words and section 74 of this Act shall cease to have effect.

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

Fixing of certain parking and other charges.

284

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

Special parking areas.

285

• (1) Section 76 of the Road Traffic Act 1991 (special parking areas) shall be amended as follows.

• (2) After subsection (1) (applications by London authorities for orders designating special parking areas) there shall be inserted—