HL Deb 01 November 1999 vol 606 cc684-9

(".—(1) Where—

  1. (a) provision is made by or under this Act for the repeal and re-enactment (with or without modifications) of any provision of the London Regional Transport Act 1984, and
  2. (b) the provision as re-enacted ("the new provision") comes into force before the repeal of the provision of the London Regional Transport Act 1984 ("the old provision"),
subsection (2) below shall apply.

(2) Where this subsection applies, the provision that may be made by the Secretary of State under or by virtue of any power to make transitional provision by order under any provision of this Part includes power to make provision—

  1. (a) for any reference to the old provision in any relevant document to be construed as, or as including, a reference to the new provision, or
  2. (b) for anything made or done, or having effect as if made or done, under or by virtue of the old provision, to have effect, to the extent that it could have been made or done under or by virtue of the new provision, as if made or done under or by virtue of the new provision,
notwithstanding that the repeal of the old provision has not come into force.

(3) In subsection (2) above "relevant document" means—

  1. (a) any enactment;
  2. (b) any instrument made under an enactment;
  3. (c) any deed or other instrument;
  4. (d) any agreement;
  5. (e) any document not falling within the other paragraphs of this subsection.

(4) An order under subsection (2) above may make provision—

  1. (a) in relation to all provisions falling within subsection (1)(b) above or such of those provisions as may be specified or described in the order; and
  2. (b) generally or in relation to such cases or circumstances, or such relevant documents or descriptions of relevant documents, as may be so specified or described.

(5) Subsections (6) to (8) below have effect in relation to any agreement made by London Regional Transport under or by virtue of paragraph (a) of section 3(2A) of the London Regional Transport Act 1984 (whether or not the agreement is a transport subsidiary's agreement or has effect as if made under or by virtue of section 156(3) of this Act by Transport for London).

(6) In the case of any such agreement—

  1. (a) no provision of the agreement shall operate or cease to have effect, and
  2. (b) no rights under the agreement shall operate or become exercisable,
by reason only that a statutory duty exercisable by any body or person ("the predecessor") becomes exercisable instead by another body or person ("the transferee") in consequence of any provision made by or under this Act for the repeal and re-enactment (with or without modifications) of the provision imposing the statutory duty.

(7) Accordingly, any such agreement shall continue in force and have effect as if the predecessor and the transferee were in law the same person and as if there had been no change in the body or person by whom the statutory duty is exercisable.

(8) In any such agreement, or any agreement made in connection with such an agreement, any reference to London Regional Transport's duties under the London Regional Transport Act 1984 shall be taken as including a reference to the corresponding duties of Transport for London or the Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly) under this Act.

(9) This section is without prejudice to—

  1. (a) any power conferred by any other provision of this Act; and
  2. (b) sections 15 to 17 of the Interpretation Act 1978.").

On Question, amendment agreed to.

Clause 408 [Regulations and orders]:

Lord Whitty moved Amendments Nos. 126 and 127: Page 247, line 12, at end insert—

Page 247, line 13, at end insert—

On Question, amendments agreed to.

Clause 412 [Interpretation]:

Lord Whitty moved Amendment No. 128: Page 249, line 10, at end insert—

On Question, amendment agreed to.

Schedule 3 [Amendments of the Representation of the People Acts]:

Lord Whitty moved Amendment No. 129: Page 267, line 37, leave out from ("shall") to end of line 39 and insert (", as respects that election, be disqualified from being elected or being the Mayor of London").

On Question, amendment agreed to.

Schedule 5 [Promotion of Bills in Parliament by the Authority]:

Lord Whitty moved Amendments Nos. 130 to 133: Page 279, line 14, after ("the") insert ("exercise of"). Page 279, line 14, leave out ("are") and insert ("is"). Page 279, line 17, after ("the") insert ("exercise of"). Page 279, line 18, leave out ("are") and insert ("is").

On Question, amendments agreed to.

Schedule 8 [Amendments of the Audit Commission Act 1998]:

Lord Whitty moved Amendments Nos. 134 to 140: Page 286, line 8, after ("body") insert ("or the London Pensions Fund Authority)"). Page 286, line 28, after ("body") insert ("or the London Pensions Fund Authority"). Page 286, line 34, leave out from ("of) to ("Part") in line 35 and insert ("each of the following bodies, namely—

  1. (a) Transport for London,
  2. (b) the London Development Agency,
  3. (c) the London Pensions Fund Authority,").
Page 286, line 36, leave out ("authority") and insert ("body"). Page 289, line 4, at end insert ("or the London Pensions Fund Authority"). Page 289, line 7, leave out ("functional"). Page 289, line 15, after ("body") insert ("or the London Pensions Fund Authority").

On Question, amendments agreed to.

Schedule 11 [Miscellaneous powers of Transport for London]:

Lord Whitty moved Amendments Nos. 141 to 147: Page 297, line 10, after ("Act") insert ("or in pursuance of a transport subsidiary's agreement"). Page 299, line 47, at end insert ("or of any transport subsidiary's agreement"). Page 300, line 28, after ("Act") insert ("or under a transport subsidiary's agreement"). Page 300, line 33, after ("Act") insert ("or of a transport subsidiary's agreement falling within section (Meaning of transport subsidiary's agreement) (3) above"). Page 302, line 20, at beginning insert ("Subject to subparagraphs (1A) and (1B) below,"). Page 302, line 22, at end insert— ("(1A) Sub-paragraph (1) above does not apply to any landing place for which the Port of London Authority have power to make byelaws under section 161 of the Port of London Act 1968 (byelaws for port premises). (1B) No byelaw made by Transport for London under sub-paragraph (1) above shall conflict or interfere with the operation of any byelaw made by the Port of London Authority under section 162(1)(b) or (e) of the Port of London Act 1968 (Thames byelaws)."). Page 303, line 38, at end insert ("or of any transport subsidiary's agreement").

On Question, amendments agreed to.

Schedule 12 [Transport for London transfer schemes]:

Lord Whitty moved Amendment No. 148: Page 304, line 18, leave out (", and no right to terminate or vary a contract,").

The noble Lord said: My Lords, in moving the amendment, I shall speak also to the amendments grouped with it. These amendments do the parallel job in relation to post-establishment transfers to the previous block of amendments. They seek to amend Schedule 12 in order to ensure that the transfers respect contractual and other arrangements that are in place. I beg to move.

On Question, amendment agreed to.

Lord Whitty moved Amendments Nos. 149 to 152: Page 304, line 21, at end insert— ("( ) No right to terminate or vary a contract or instrument shall operate or become exercisable, and no provision of a contract or relevant document shall operate or become exercisable or be contravened, by reason of any transfer by virtue of a transfer scheme or by virtue of an instrument or agreement made in connection with a transfer scheme."). Page 304, line 22, leave out sub-paragraph (3) and insert— ("(3) For purposes connected with any transfers (including transfers of rights and liabilities under an enactment) made by virtue of a transfer scheme, or by virtue of an instrument or agreement made in connection with a transfer scheme, a body or person to which anything is transferred by any such transfer is to be treated as the same person in law as the body or person from which that thing is transferred, except as otherwise provided in the transfer scheme, instrument or agreement."). Page 304, line 35, leave out sub-paragraph (6). Page 304, line 37, at end insert— ("( ) In this paragraph, "relevant document" means—

  1. (a) any enactment, other than an enactment contained in this Act;
  2. (b) any subordinate legislation made otherwise than under this Act; or
  3. (c) any deed or other instrument.").

On Question, amendments agreed to.

Schedule 13 [Promotion of Bills in Parliament by Transport for London]:

Lord Whitty moved Amendments Nos. 153 to 156: Page 309, line 17, after ("the") insert ("exercise of"). Page 309, line 17, leave out ("are") and insert ("is"). Page 309, line 20, after ("the") insert ("exercise of"). Page 309, line 21, leave out ("are") and insert ("is").

On Question, amendments agreed to.

Schedule 16 [The free travel scheme]:

Lord Whitty moved Amendment No. 157: Page 322, line 51, at end insert ("or who has entered into a transport subsidiary's agreement)").

On Question, amendment agreed to.

Schedule 17 [Penalty fares]:

Lord Whitty moved Amendments Nos. 158 and 159: Page 324, line 36, after ("Act") insert ("or in pursuance of a transport subsidiary's agreement"). Page 325, line 31, after ("Act") insert (", or in pursuance of a transport subsidiary's agreement,").

On Question, amendments agreed to.

Lord Whitty moved Amendment No. 160: Page 329, line 18, at end insert—

("Power to apply Schedule to certain other train services

8A.—(1) This paragraph applies to any services for the carriage of passengers by railway which do not fall within paragraph 2(1) above but which—

  1. (a) are provided wholly within Greater London; and
  2. (b) are services, or services of a class or description, designated in an order made by the Secretary of State as services in relation to which this paragraph is to apply;
and in the following provisions of this paragraph any such services are referred to as "qualifying train services".

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

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

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

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

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

  1. (a) the application, and
  2. (b) if an order is made as a result of the application, the making of the order,
not exceeding £5,000 in the aggregate.

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

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

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

  1. (a) is contained in a statutory instrument made by the Secretary of State,
  2. (b) makes provision for or in connection with the imposition of penalty fares on passengers travelling on those services, and
  3. (c) is in force immediately before this paragraph begins to apply to the services by virtue of the order under sub-paragraph (1)(b) above,
may, so far as relating to those services, be revoked under this paragraph as if it were an order under sub-paragraph (2) above.

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

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

On Question, amendment agreed to.

Lord Whitty moved Amendment No. 161: After Schedule 21, insert the following new schedule—