§ (" .—(1) The following bodies, namely—
- (a) Transport for London,
- (b) the Metropolitan Police Authority, and
- (c) the London Fire and Emergency Planning Authority,
§ (2) The enactments are—
- (a) section 519 of the Income and Corporation Taxes Act 1988 (exemption of local authorities from income and corporation taxes); and
- (b) section 271 of the Taxation of Chargeable Gains Act 1992 (exemption of local authorities from capital gains tax).
§ (3) In sections 170 to 181 of the Taxation of Chargeable Gains Act 1992 (groups of companies) references to a company do not apply to Transport for London.
§ (4) Schedule (Taxation provisions) to this Act (which makes further provision about taxation) shall have effect.").
§ On Question, amendment agreed to.
§ Clause 357 [Regulations and orders]:
§
Lord Whitty moved Amendments Nos. 570YA to 570A:
Page 198, line 43, at end insert—
("(c) section (Organisation of probation service in Greater London)(1) above, or").
Page 199, line 5, after ("section") insert ("(Organisation of probation service in Greater London)(1) or").
Page 199, line 34, at end insert—
("Paragraph 8A of Schedule 13;").
§ On Question, amendments agreed to.
§ [Amendment No. 571 had been withdrawn from the Marshalled List.]
§
Lord Whitty moved Amendments Nos. 572 and 573:
Page 199, line 38, at end insert—
(" section (Limit on salaries of members of other public bodies);").
Page 199, line 39, at end insert—
("section (Restriction on exercise of certain powers other than through a limited company);").
§ On Question, amendments agreed to.
145
§
Lord Whitty moved Amendment No. 573A:
Page 199, leave out line 42.
§ The noble Lord said: My Lords, in moving this amendment, I speak also to Amendments Nos. 573B and 577A. In my internal note, these are grouped together under the heading "Stray consequentials". I beg the pardon of the House in having strayed myself from the normal clear structure of these amendments which noble Lords will undoubtedly have noted throughout the course of this Bill.
§ Amendment No. 573A leaves out one line from the clause and is consequential to other government amendments made at Report stage, which provide for TfL to be able to make transfer schemes from a distribution of property, rights and liabilities among TfL and among TfL's subsidiaries and the potential PPP companies.
§ Without these amendments, Clause 148 enabled the mayor to make such transfer schemes. The mayor's powers were, however, subject to restrictions. The mayor would not have been able, without the Secretary of State's consent, to make such transfer schemes if they would have had the effect of disposing of operational railway or tramway land or of contracting out Underground train and station operating services.
§ The Secretary of State's consent under Clause 148 was to have been given by order. The text which is the subject of this amendment had the effect of making such orders subject to the negative procedure of this House by including it in the list which, in Clause 357, provided at a different point of the Bill, would be subject to negative procedure.
§ As a result of amendments agreed earlier, Clause 148 has been deleted from the Bill. There is therefore no need for a reference to it in Clause 357. Hence, the first amendment deletes that reference.
§ Amendment No. 573B is consequential to the amendment moved earlier, Amendment No. 465. Subsection (4) of Amendment No. 465 provides that the Secretary of State may modify by order subsections (2) and (3) of the new clause. This amendment is required to ensure that there can be parliamentary scrutiny of any such changes.
§
Amendment No. 577A adds a definition of "certify" to the interpretation of the clause. It indicates that "certify" shall mean,
certify in writing; and related expressions shall be construed accordingly".
§ I beg to move.
§ On Question, amendment agreed to.
§
Lord Whitty moved Amendments Nos. 573B to 574:
Page 199, line 43, at end insert—
("section (Restrictions on disclosure of information)(4);").
Page 199, line 43, at end insert—
("section (Organisation of probation service in Greater London)(1);").
Page 200, line 5, at end insert—
("paragraph 7(3) of Schedule (Transport far London transfer schemes);").
§ On Question, amendments agreed to.
146
§
Baroness Hamwee moved Amendment No. 575:
After Clause 358, insert the following new clause—