(1) In exercising any function—
(a) a London borough council,
(b) the Common Council, and
(c) any body or person exercising statutory functions in relation to Greater London or any part of Greater London,
is to have regard to the transport strategy.
(2) The Mayor may issue guidance in writing about the implementation of the transport strategy to any council, body or person falling within subsection (1) above.
(3) A council, body or person to whom guidance has been issued under subsection (2) above is to have regard to the guidance in exercising any function.
(4) In exercising any functions in relation to the management of roads or traffic in a Royal Park in Greater London the Secretary of State shall have regard to the transport strategy.
(5) 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).
(1) As soon as reasonably practicable after the Mayor has published the transport strategy under section 142 above, each London borough council shall prepare a plan (a local implementation plan) containing its proposals for the implementation of the transport strategy in its area.
(2) In preparing a local implementation plan under subsection (1) above, each London borough council shall consult—
(a) the relevant Commissioner or, if the council considers it appropriate, both Commissioners,
(b) Transport for London,
(c) such organisations representative of disabled persons as the council considers appropriate,
(d) each other London borough council whose area is, in the opinion of the council preparing the local implementation plan, likely to be affected by the plan, and
(e) any other body or person required to be consulted under this section by virtue of a direction given to the council by the Mayor under section 153 below.
(3) Each local implementation plan shall include—
(a) a timetable for implementing the different proposals in the plan, and
(b) the date by which all the proposals contained in the plan will be implemented.
(4) For the purposes of this section and sections 146 to 153 below, the Common Council shall be treated as if it were a London borough council.
(5) In subsection (2)(a) above, the relevant Commissioner means—
(a) in relation to a local implementation plan prepared by the Common Council, the Commissioner of Police for the City of London, and
(b) in relation to a local implementation plan prepared by a council other than the Common Council, the Commissioner of Police of the Metropolis.
(1) Each London borough council shall submit its local implementation plan to the Mayor for his approval.
(2) The Mayor may approve any local implementation plan submitted to him under subsection (1) above.
(3) The Mayor shall not approve a local implementation plan submitted to him under subsection (1) above unless he considers—
(a) that the local implementation plan is consistent with the transport strategy,
(b) that the proposals contained in the local implementation plan are adequate for the purposes of the implementation of the transport strategy, and
(c) that the timetable for implementing those proposals, and the date by which those proposals are to be implemented, are adequate for those purposes.
(1) Where it appears to the Mayor that a London borough council has failed—
(a) to prepare a local implementation plan in accordance with the requirements of section 145 above, or
(b) to submit a local implementation plan to him for approval under section 146 above,
the Mayor may issue to the council a direction under section 153 below requiring the council to do so within such period as the Mayor shall specify in the direction.
(2) Where the Mayor has issued a direction of the kind mentioned in subsection (1) above, but the council has not complied with the direction within a reasonable time, the Mayor may prepare a local implementation plan on behalf of the council.
(3) Where the Mayor refuses to approve under subsection (2) of section 146 above a local implementation plan, the London borough council which submitted the plan shall prepare a new local implementation plan and submit it to the Mayor under subsection (1) of that section, unless the Mayor notifies the council that he intends to exercise his powers under subsection (4) below.
(4) Where the Mayor—
(a) refuses to approve a local implementation plan under section 146 above, and
(b) has served on the London borough council who prepared the local implementation plan a notice under subsection (3) above,
the Mayor may prepare a local implementation plan on behalf of the council.
(5) Where the Mayor prepares a local implementation plan on behalf of a London borough council, he shall in preparing the plan consult—
(a) the council on whose behalf he is preparing the plan,
(b) the relevant Commissioner or, if the Mayor considers it appropriate, both Commissioners,
(c) Transport for London,
(d) such organisations representative of disabled persons as the Mayor considers appropriate, and
(e) each other London borough council whose area is in the opinion of the Mayor likely to be affected by the plan.
(6) A local implementation plan prepared by the Mayor under this section shall include the matters required to be contained or included in the plan under section 145(1) and (3) above by a London borough council.
(7) Where the Mayor prepares a local implementation plan on behalf of a London borough council, he may recover from the council as a civil debt any reasonable expenses incurred by him in preparing the plan.
(8) In subsection (5)(b) above, the relevant Commissioner means—
(a) in relation to a local implementation plan prepared on behalf of the Common Council, the Commissioner of Police for the City of London, and
(b) in relation to a local implementation plan prepared on behalf of a council other than the Common Council, the Commissioner of Police of the Metropolis.
(1) A London borough council may at any time prepare such revisions as it considers appropriate to the council’s local implementation plan.
(2) Where the Mayor revises the transport strategy under section 41(2) above, each London borough council shall as soon as reasonably practicable after the Mayor has published the transport strategy as revised prepare such revisions to the council’s local implementation plan as it considers are necessary in order to implement that strategy in its area.
(3) Where a London borough council considers that no revisions are required to be prepared under subsection (2) above the council shall notify the Mayor.
(4) For the purposes of this section, the local implementation plan, in relation to any London borough council, means whichever of the following has been most recently approved, or as the case may be, prepared, by the Mayor, namely—
(a) a local implementation plan prepared by the council and approved by the Mayor under section 146 above;
(b) a local implementation plan, as proposed by the council to be revised, approved by the Mayor under that section; and
(c) a local implementation plan or revised local implementation plan prepared by the Mayor on behalf of the council.
(1) In preparing any revisions under section 148 above a London borough council shall consult the bodies and persons required to be consulted under subsection (2) of section 145 above, taking the references in paragraph (d) of that subsection and in subsection (5) of that section to the local implementation plan as references to revisions under section 148 above.
(2) Each local implementation plan as proposed to be revised shall include the matters specified in section 145(1) and (3) above.
(3) The provisions of section 146 above shall apply to a London borough council’s local implementation plan as proposed to be revised as they apply to the council’s local implementation plan.
(1) Where the Mayor has published the transport strategy as revised but it appears to the Mayor that a London borough council has failed—
(a) to prepare such revisions to the council’s local implementation plan, or
(b) to submit to him for approval such a local implementation plan as proposed to be revised,
as the Mayor considers necessary in order to implement in the council’s area the transport strategy as revised, the Mayor may issue to the council a direction under section 153 below requiring the council to do so within such period as the Mayor shall specify in the direction.
(2) Where the Mayor has issued a direction of the kind mentioned in subsection (1) above but the council has not complied with the direction within a reasonable time, the Mayor may prepare a revised local implementation plan on behalf of the council.
(3) Where the Mayor refuses to approve under subsection (2) of section 146 above a local implementation plan as proposed to be revised, the London borough council which submitted the plan shall prepare new revisions and submit to the Mayor under subsection (1) of that section a new local implementation plan as proposed to be revised, unless the Mayor notifies the council that he intends to exercise his powers under subsection (4) below.
(4) Where the Mayor—
(a) refuses to approve under subsection (2) of section 146 above a local implementation plan as proposed to be revised, and
(b) has served on the London borough council who submitted the plan a notice under subsection (3) above,
the Mayor may prepare a revised local implementation plan on behalf of the council.
(5) In preparing a revised local implementation plan the Mayor shall consult the bodies and persons required to be consulted under subsection (5) of section 147 above, taking the references in paragraphs (a) and (e) of that subsection and in subsection (8) of that section to a local implementation plan prepared on behalf of a London borough council as references to a revised local implementation plan prepared on behalf of such a council.
(6) A revised local implementation plan prepared by the Mayor under this section shall include the matters specified in section 145(1) and (3) above.
(7) Where the Mayor prepares a revised local implementation plan on behalf of a London borough council, he may recover from the council as a civil debt any reasonable expenses incurred by him in preparing the plan.
(1) Where the Mayor has approved a local implementation plan, or a local implementation plan as proposed to be revised, submitted to him under section 146(1) above, the London borough council which submitted the plan—
(a) shall implement the proposals contained in it in accordance with the timetable included by virtue of section 145(3)(a) above, or, as the case may be, section 149(2) above, and
(b) shall implement all the proposals contained in it by the date included by virtue of section 145(3)(b) above, or, as the case may be, section 149(2) above.
(2) Where the Mayor has prepared a local implementation plan or a revised local implementation plan on behalf of a London borough council under section 147 above, or, as the case may be, section 150 above, subsection (1) above shall apply in relation to the implementation by the council of the proposals contained in the plan as if the plan were a local implementation plan approved by the Mayor under section 146 above, or, as the case may be, a local implementation plan as proposed to be revised, approved by the Mayor u der that section.
(1) Where the Mayor considers—
(a) that a London borough council has failed, or is likely to fail, satisfactorily to implement any proposal contained in a local implementation plan as required by section 151(1)(a) above, or
(b) that such a council has failed, or is likely to fail, to implement all such proposals as required by section 151(1)(b) above,
he may, for the purposes of implementing the proposals contained in the local implementation plan, exercise on behalf of the council the powers that the council has in connection with the implementation of those proposals.
(2) Subsection (1) above applies in relation to a local implementation plan, as proposed to be revised, approved by the Mayor under section 146 above as it applies to a local implementation plan approved by the Mayor under that section.
(3) Where the Mayor considers that a London borough council has failed to comply with any direction issued by him under section 153 below, he may exercise on behalf of the council such of the powers of the council as are necessary for the purposes of ensuring that the direction is complied with.
(4) Anything done by the Mayor in the exercise of powers conferred on him by virtue of this section shall be treated for all purposes as if it had been done by the London borough council on whose behalf he exercises the powers.
(5) Where the Mayor proposes to exercise any of the powers of a London borough council by virtue of this section he may direct the council not to exercise those or any other powers, in such circumstances or in relation to such matters, as may be specified in the direction.
(6) Where the Mayor issues a direction to a London borough council under subsection (5) above, the council shall comply with the direction.
(7) Any reasonable expenses incurred by the Mayor in the exercise of the powers of a London borough council by virtue of this section shall be recoverable by him from the council as a civil debt.
(1) The Mayor may issue to any London borough council—
(a) general directions as to the manner in which it is to exercise its functions under sections 145 to 151 above, or
(b) specific directions as to the manner in which it is to exercise those functions.
(2) Directions issued by the Mayor under subsection (1) above may include in particular directions—
(a) as to the timetable in accordance with which a local implementation plan or revisions to such a plan must be prepared,
(b) as to the bodies or persons who must be consulted about a local implementation plan or revisions to such a plan,
(c) as to the timetable mentioned in section 145(3)(a), 149(2) or 150(6) above,
(d) as to the date mentioned in section 145(3)(b), 149(2) or 150(6) above,
(e) as to the action required to be taken to implement the proposals contained in the local implementation plan in accordance with that timetable or by that date, or
(f) as to the steps required to be taken to remove the effects of action which is incompatible with such proposals.
(3) The reference in subsection (2)(e) above to the local implementation plan includes a reference to—
(a) a local implementation plan, as proposed by a London borough council to be revised, approved by the Mayor under section 146 above; and
(b) a local implementation plan or revised local implementation plan prepared by the Mayor on behalf of a London borough council.
(4) Where the Mayor issues a direction to a London borough council under subsection (1) above, the council shall comply with the direction.
(1) There shall be a body corporate to be known as Transport for London.
(2) Transport for London shall have the functions conferred or imposed on it by this Act, or made exercisable by it under this Act, and any reference in this Act to the functions of Transport for London includes a reference to any functions made exercisable by it under this Act.
(3) Transport for London shall exercise its functions—
(a) in accordance with such guidance or directions as may be issued to it by the Mayor under section 155(1) below,
(b) for the purpose of facilitating the discharge by the Authority of the duties under section 141(1) and (2) above, and
(c) for the purpose of securing or facilitating the implementation of the transport strategy.
(4) Schedule 10 shall have effect with respect to Transport for London.
(1) The Mayor may issue to Transport for London—
(a) guidance as to the manner in which it is to exercise its functions,
(b) general directions as to the manner in which it is to exercise its functions, or
(c) specific directions as to the exercise of its functions.
(2) Directions issued by the Mayor under subsection (1)(c) above may include a direction not to exercise a power specified in the direction.
(3) The guidance or directions which may be issued by the Mayor under subsection (1) above may include in particular guidance or directions as to the manner in which Transport for London—
(a) is to perform any of its duties, or
(b) is to conduct any legal proceedings.
(4) Any guidance or directions issued under subsection (1) must be issued in writing and notified to such officer of Transport for London as it may from time to time nominate to the Mayor for the purpose.
(1) Transport for London may form, promote and assist, or join with any other person in forming, promoting and assisting, a company for the purpose of—
(a) carrying on any activities which Transport for London has power to carry on, or
(b) carrying on such activities together with activities which Transport for London does not have power to carry on.
(2) Transport for London may enter into and carry out agreements with any person for the carrying on by that person, whether as agent for Transport for London or otherwise, of any activities which Transport for London has power to carry on (and, in particular, with respect to the provision or financing of any public passenger transport services which Transport for London has power to provide).
(3) Transport for London may also enter into and carry out an agreement with any person for the carrying on by that person (the contractor) of any activities which Transport for London does not have power to carry on if the agreement includes provision for one or more of the following, namely—
(a) the carrying on by the contractor of such activities as are mentioned in subsection (2) above;
(b) the provision by the contractor to Transport for London of services ancillary to the provision of public passenger transport services; and
(c) the use by the contractor of land or other property owned by Transport for London, or transferred to the contractor by Transport for London, for the purposes of the agreement.
(4) Where an agreement has been entered into under subsection (2) or (3) above, the powers conferred on Transport for London by that subsection include power to enter into and carry out other agreements with other persons for the purpose of—
(a) fulfilling any condition which must be fulfilled before the agreement can have effect; or
(b) satisfying any requirement imposed by or under the agreement.
(5) Where—
(a) a company has been formed in the exercise of the powers conferred by subsection (1) above (whether by Transport for London alone or by Transport for London jointly with some other person); or
(b) Transport for London has entered into an agreement with any person in exercise of its powers under subsection (2) or (3) above;
Transport for London may enter into arrangements with that company or person for the transfer from Transport for London to that company or person, in such manner and on such terms (including payments by any of the parties to the arrangements to any of the other parties) as may be provided for by the arrangements, of any property, rights or liabilities of Transport for London relevant to the purpose for which the company was formed or (as the case may be) to the performance by that person of his obligatio s under the agreement.
(6) Without prejudice to section 173(1) or 176 below, Transport for London shall have power to enter into and carry out agreements with—
(a) any of its subsidiaries; or
(b) any person with whom it has entered into an agreement by virtue of subsection (2) or (3) above,
providing for Transport for London to give assistance to the other party to the agreement by making available to that party any services, amenities or facilities provided by, or any works or land or other property belonging to, Transport for London, on such terms (including the reciprocal provision by that other party of similar assistance for Transport for London) as may be agreed between them.
(7) The power of Transport for London under subsection (2) or (3) above to enter into an agreement as there mentioned is exercisable notwithstanding that the agreement involves the delegation of the functions of Transport for London under any enactment relating to any part of its undertaking.
(8) Schedule 11 to this Act shall have effect for conferring further powers on Transport for London for the purpose of the discharge by Transport for London of any of its functions and with respect to the other matters there mentioned.
157 Restriction on exercise of certain powers except through a company.
(1) The Secretary of State may by order made with the consent of the Treasury provide that Transport for London shall not carry on such activities as are specified in the order except through
(a) a limited liability partnership of which a subsidiary of Transport for London (but not Transport for London) is a member; or
(b) a company which is registered under the Companies Act 2006 and limited by shares or limited by guarantee and which is—
(i) a subsidiary of Transport for London; or
(ii) a company which Transport for London formed, or joined with others in forming, by virtue of section 156(1) above and which does not fall within sub-paragraph (i) above.
(2) The specification of an activity in an order under subsection (1) above shall not—
(a) prevent Transport for London from entering into or carrying out under section 156(2) or (3) above an agreement with a person for the carrying on of that activity by that person; or
(b) affect the validity of such an agreement.
(3) If it appears to the Secretary of State that Transport for London is carrying out, or proposes to carry out, otherwise than in compliance with an order under subsection (1) above any activities specified in such an order—
(a) the Secretary of State may give a direction to Transport for London requiring it to comply with the order within such period as may be specified for the purpose in the order; and
(b) Transport for London shall be under a duty to comply with such a direction.
(4) If Transport for London does not comply with a direction under subsection (3) above in the case of an activity to which the direction relates, Transport for London shall be treated in respect of the carrying out of that activity as not being a local authority for the purposes of—
(a) section 984 of the Corporation Tax Act 2010 (exemption of local authorities from corporation tax);
(aa) section 838 of the Income Tax Act 2007 (exemption of local authorities from income tax); and
(b) section 271 of the Taxation of Chargeable Gains Act 1992 (exemption of local authorities from capital gains tax).
(1) For the purpose of enabling any person to carry on any activities for which provision is made by an agreement under section 156(2) or (3) above or by a transport subsidiary’s agreement, the Mayor may by order provide for any functions of Transport for London under any statutory provision to be exercisable by that person (whether to the exclusion of or concurrently with Transport for London).
(2) An order under this section may—
(a) provide for the functions to cease to be so exercisable when the activities cease to be carried on by that person (whether by reason of the expiry or termination of the agreement or otherwise); and
(b) make such supplementary, incidental and consequential provision as the Mayor considers expedient.
(3) The power of the Mayor to make an order under this section includes a power exercisable by order to revoke, amend or re-enact any such order.
(4) An order made by the Mayor under this section shall not have effect unless and until it is confirmed by an order made by the Secretary of State.
(5) This section does not apply to any function of Transport for London under this Act or any other statutory provision specifically amended by any provision of this Act.
(6) Any reference in this section to Transport for London includes a reference to a subsidiary of Transport for London.
(1) Transport for London may give financial assistance to any body or person in respect of expenditure incurred or to be incurred by that body or person in doing anything which in the opinion of Transport for London is conducive to the provision of safe, integrated, efficient and economic transport facilities or services to, from or within Greater London.
(2) Financial assistance may be given under this section by way of grant, loan or other payment.
(3) The financial assistance that may be given to any London authority under this section includes in particular assistance in respect of any expenditure incurred or to be incurred by the authority in discharging any function of a highway authority or traffic authority.
(4) In deciding whether to give financial assistance to a London authority under this section, and if so the amount or nature of any such assistance, the matters to which Transport for London may have regard include—
(a) any financial assistance or financial authorisation previously given to the authority by any body or person, and
(b) the use made by the authority of such assistance or authorisation.
(5) In subsection (4) above, financial authorisation means authorisation allowing the authority to incur financial obligations.
(6) Financial assistance under this section may be given subject to such conditions as Transport for London considers appropriate, including (in the case of a grant) conditions for repayment in whole or in part in specified circumstances.
(7) In this section—
highway authority has the same meaning as in the Highways Act 1980 (see in particular sections 1 to 9 of that Act);
London authority means any London borough council or the Common Council; and
traffic authority has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 121A and 142(1) of that Act).
(8) In section 88(2) of the Local Government Finance Act 1988 (list of defined councils to which transport grants are payable by the Secretary of State under section 87 of that Act)—
(a) at the end of paragraph (aa) there shall be inserted “ and ”; and
(b) paragraphs (c) and (d) (which include in the list of defined councils the London borough councils and the Common Council) shall cease to have effect.
(9) This section is without prejudice to any other power of Transport for London.
(1) Transport for London may guarantee to discharge any financial obligation of—
(a) a subsidiary of Transport for London;
(b) any person (other than such a subsidiary) with whom Transport for London has entered into an agreement by virtue of section 156(2) or (3) above, where the guarantee is given for the purpose of enabling that person to carry out the agreement; or
(c) any person (other than such a subsidiary) with whom such a subsidiary has entered into a transport subsidiary’s agreement, where the guarantee is given for the purpose of enabling that person to carry out the agreement.
(2) Transport for London may, for the purposes of discharging any of its functions, guarantee to discharge any financial obligation incurred or to be incurred by any person for the purposes of—
(a) an undertaking carried on by him; or
(b) where the person is a body corporate, an undertaking carried on by a subsidiary of that body corporate.
(3) A guarantee under this section may be subject to such conditions as Transport for London considers appropriate.
(4) Transport for London may enter into arrangements with another person under which that person gives a guarantee which Transport for London has power to give under this section.
(5) Where Transport for London enters into arrangements by virtue of subsection (4) above, the arrangements may provide for Transport for London to indemnify the person who gives the guarantee.
(6) This section is without prejudice to any other power of Transport for London.
(1) Transport for London shall, as soon as possible after the end of each financial year, make to the Authority a report on the exercise and performance by Transport for London of its functions during the year.
(2) The report shall deal with—
(a) the contribution made by Transport for London towards the implementation of the transport strategy;
(b) the activities of any subsidiaries of Transport for London, so far as relevant to the performance of the functions of Transport for London during the year in question;
(c) any financial assistance given under section 159 above;
(d) any guarantees given under section 160(1) or (2) above;
(e) any arrangements entered into under section 160(4) above; and
(f) any indemnities given by virtue of section 160(5) above.
(3) The report made under this section in respect of any financial year shall include such information as the Mayor may from time to time specify in writing with respect to any matter the report is required to deal with by virtue of subsection (1) or (2) above.
(4) Transport for London shall publish any report made under this section.
(5) A copy of any report made under this section shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.
(6) A copy of any report made under this section, or any part of any such report, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
(7) In this section the appropriate period in the case of a report under this section is the period of six years beginning with the date of publication of the report pursuant to this section.
(1) Transport for London shall make available such information as it thinks fit which—
(a) relates to public passenger transport services provided to, from and within Greater London, and
(b) is required by members of the general public to assist in deciding what use to make of such services.
(2) The information shall be made available, in such manner as Transport for London thinks fit, to—
(a) the general public, and
(b) such other persons as Transport for London thinks fit.
(3) Transport for London may make such charges as it thinks fit for information which it makes available; but no such charge may be made if the information relates to public passenger transport services provided exclusively—
(a) by Transport for London or any of its subsidiaries, or
(b) by other persons under any transport subsidiary’s agreement or under agreements entered into under section 156(2) or (3) above.
(1) Neither Transport for London nor the Authority shall by virtue of any provision of this Act—
(a) dispose of the freehold interest in any land which is or has been operational land, or
(b) grant a leasehold interest in such land for a term of more than fifty years,
without the consent of the appropriate person.
(2) Where an estate or interest in, or right over, any land which is or has been operational land is vested in a company which is a subsidiary of Transport for London, Transport for London shall not, without the consent of the appropriate person, enter into any transaction or series of transactions the result of which would be that the company would cease to be a subsidiary of Transport for London.
(3) Consent is not required under this section by reason of any land having been operational land if a period of at least five years has elapsed since the land was last operational land.
(4) The Secretary of State may by order amend subsection (3) above by substituting a different period for that for the time being there specified.
(4A) Transport for London must consult Network Rail Limited, or a subsidiary of Network Rail Limited nominated by Network Rail Limited, before seeking from the appropriate person—
(a) consent under subsection (1) in relation to land used by Network Rail, or
(b) consent under subsection (2) in relation to a company in which is vested land used by Network Rail.
(4B) The Secretary of State may by regulations—
(a) amend subsection (4A) by adding or removing a person who must be consulted under that subsection;
(b) amend this section to include other requirements for Transport for London to consult before seeking a consent under this section.
(5) Any consent—
(a) of the appropriate person under this section may be given in relation to any particular transaction or description of transactions; and
(b) of the Secretary of State under this section may be given subject to conditions.
(6) Any consent under this section must be given in writing.
(7) Any question whether land is operational land within the meaning of this section shall be determined by the appropriate person.
(8) In this section—
“appropriate person” means—
in relation to consent under subsection (1)—
the Mayor of London, in a case where the consent relates to land which is entirely within Greater London and is not Crown land;
the Secretary of State, in case where the consent relates to any other land;
in relation to consent under subsection (2)—
the Mayor of London, in a case where all the operational land vested in the subsidiary company is entirely within Greater London and is not Crown land;
the Secretary of State, in any other case;
“Crown land” means land in which the Crown has any estate or interest, or over which the Crown has any right;
“land used by Network Rail” means—
land that is used wholly or partly for the provision of network services by Network Rail; and
land that is used by Network Rail wholly or partly for a purpose ancillary or incidental to use of land that falls within paragraph (a);
“Network Rail” means Network Rail Limited or any subsidiary of Network Rail Limited;
“network services” has the same meaning as in Part 1 of the Railways Act 1993 (see section 82 of that Act);
operational land means—
land which is used for the purpose of carrying on any railway or tramway undertaking of Transport for London’s or of a subsidiary of Transport for London’s; and
land in which an interest is held for that purpose;
but paragraphs (a) and (b) above do not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of a railway or tramway undertaking;
railway and tramway shall be construed in accordance with section 67 of the Transport and Works Act 1992.
(9) For the purposes of this section, land—
(a) which has at any time been used, or
(b) in which an interest has at any time been held,
for the purpose of carrying on a railway or tramway undertaking of London Regional Transport’s, or of a subsidiary of London Regional Transport’s, shall be treated as if that undertaking had at that time been an undertaking of Transport for London’s or of a subsidiary of Transport for London’s (and any question whether the land was, or had ceased to be, operational land at any time shall be determined accordingly).
The powers of the Authority and the powers of Transport for London shall be exercised so as to ensure that a subsidiary of Transport for London—
(a) does not do anything which Transport for London has no power to do (including anything which Transport for London has no power to do because the consent of the Secretary of State or Mayor has not been obtained),
(b) does not do anything which the Mayor has directed Transport for London not to do, and
(c) does not, except with the consent of the Mayor, raise money by the issue of shares or stock to any person other than Transport for London or any other subsidiary of Transport for London.
165 Distribution of property, rights and liabilities.
(1) Transport for London may make schemes for the transfer of property, rights and liabilities—
(a) between Transport for London and any subsidiary of Transport for London; or
(b) between any subsidiary of Transport for London and any other such subsidiary.
(2) A scheme under this section shall not take effect unless and until it has been approved by the Mayor.
(3) Where a scheme under this section is submitted to the Mayor for his approval, he may, after consultation with Transport for London, modify the scheme before approving it.
(4) Schedule 12 to this Act (which makes further provision in relation to schemes under this section) shall have effect.
(1) Section 236 of the Local Government Act 1972 (procedure for byelaws) shall be amended as follows.
(2) In subsection (1) after the words “the Greater London Authority” (which are inserted by section 76(2) above) there shall be inserted “ ,Transport for London ”.
(3) After subsection (10B) (which is inserted by section 76(3) above) there shall be inserted—
(10C) Transport for London shall send a copy of every byelaw made by it, and confirmed, to—
(a) the Mayor of London;
(b) each London Borough Council; and
(c) the Common Council.
167 Power of Transport for London to promote or oppose Bills in Parliament.
(1) Transport for London—
(a) may promote a local Bill in Parliament; and
(b) may oppose any local Bill in Parliament.
(2) Subsection (1)(a) above applies only if the Authority—
(a) gives its written consent to the Bill; and
(b) confirms that consent in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.
(3) If the Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to Transport for London, which shall take all necessary steps for the withdrawal of the Bill.
(4) If the Authority, in giving notice under subsection (3) above, states that it confirms its consent to the Bill if provisions specified in the notice are omitted or are amended as so specified, Transport for London may, instead of withdrawing the Bill pursuant to subsection (3) above, take all necessary steps for the omission or, as the case may be, the amendment of the provisions in question in accordance with the notice.
(5) Without prejudice to subsections (2) to (4) above, the functions conferred on Transport for London by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule 13 to this Act.
(6) Subsection (1)(b) above applies only if the Authority gives its written consent to Transport for London to oppose the Bill.
(7) If—
(a) Transport for London deposits a petition against a Bill in Parliament, but
(b) the consent required by subsection (6) above has not been given before the end of the period of 30 days following the day on which the petition is deposited,
Transport for London shall take all necessary steps for the withdrawal of the petition.
(8) The functions conferred or imposed on the Authority by this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(9) Before exercising the functions conferred on the Authority by subsection (2)(a) or (b), (4) or (6) above, the Mayor shall consult the Assembly.
168 Orders under the Transport and Works Act 1992.
(1) Section 20 of the Transport and Works Act 1992 (power to apply for, or object to, orders) shall be amended as follows.
(2) In subsection (2) (powers to be subject to the like conditions as powers to promote or oppose Bills) after except as provided by subsection (3) there shall be inserted “ or (4) ”.
(3) After subsection (3) there shall be inserted—
(4) In the case of Transport for London—
(a) the powers conferred by subsection (1) above shall be exercisable with the written consent of the Mayor of London; and
(b) subsection (2) above shall not have effect.
(1) In this Act transport subsidiary’s agreement means an agreement with a person (the contractor)—
(a) which is entered into by, or transferred to, a subsidiary of Transport for London, and
(b) which falls within subsection (2) or (3) below.
(2) An agreement falls within this subsection if it includes provision for the carrying on by the contractor, whether as agent for the subsidiary or otherwise, of any activities which Transport for London has power to carry on; and such an agreement may include provision with respect to the provision or financing of any public passenger transport services.
(3) An agreement falls within this subsection if it includes provision for the carrying on by the contractor of any activities which Transport for London does not have power to carry on and also provision for one or more of the following, namely—
(a) the carrying on by the contractor of such activities as are mentioned in subsection (2) above;
(b) the provision by the contractor to the subsidiary of services ancillary to the provision of public passenger transport services; and
(c) the use by the contractor of land or other property owned by Transport for London or a subsidiary of Transport for London, or transferred to the contractor by Transport for London or a subsidiary of Transport for London, for the purposes of the agreement.
(1) Section 9 of the London Regional Transport Act 1984 (powers of disposal) shall be amended as follows.
(2) In subsection (1)(a) (power to dispose of securities of one of their subsidiaries) for one of their subsidiaries there shall be substituted “ any subsidiary of theirs ”.
(3) At the end of the section there shall be added—
(8) In this section—
disposal means disposal—
by way of sale, exchange or lease,
by way of the grant of any option or the creation of any easement, right or privilege, or
in any other manner, except by way of appropriation or mortgage,
and dispose of shall be construed accordingly;
lease includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage.
(1) Section 17 of the London Regional Transport Act 1984 (power of London Regional Transport to give financial assistance to subsidiaries and other bodies or persons) shall be amended as follows.
(2) In subsection (2) after section 3(2) there shall be inserted “ or (2A) ”.
(3) After subsection (3) there shall be inserted—
(3A) London Regional Transport may enter into arrangements with another person under which that person gives a guarantee which London Regional Transport has power to give under this section.
(3B) Where London Regional Transport enters into arrangements by virtue of subsection (3A) above, the arrangements may provide for London Regional Transport to indemnify the person who gives the guarantee.
172 Supplementary provisions with respect to transfer schemes.
(1) Section 27 of the London Regional Transport Act 1984 (supplementary provisions with respect to transfer schemes) shall be amended as follows.
(2) In subsection (9) (modifications of Schedule 4 to the Transport Act 1968 in its application by subsection (8)) the word and at the end of paragraph (a) shall be omitted and after that paragraph there shall be inserted—
(aa) the reference in paragraph 1(1) to all property, rights and liabilities comprised in a specified part of the transferor’s undertaking shall be read as including a reference to all such property, rights and liabilities subject to such exceptions as may be specified or described, or otherwise provided for, by the transfer scheme in question;
(ab) the reference in paragraph 13(1) to requiring the consent or concurrence of any person shall be read as including—
(i) a reference to being (and, where applicable, continuing after the transaction) in breach of any condition, requirement or restriction, and
(ii) a reference to any relevant right or option operating or becoming exercisable,
(and any such relevant right or option shall accordingly have effect as if the transferee were the same person in law as the transferor and no transaction had taken place); and
.
(3) After subsection (9) there shall be inserted—
(10) In subsection (9)(ab) above relevant right or option means any right of reverter, right of pre-emption, right of forfeiture, right of re-entry, right to compensation, option or similar right affecting any land or other property, or any right to terminate or vary a contract.
(1) Transport for London may provide or secure the provision of public passenger transport services to, from or within Greater London.
(2) Without prejudice to section 176 below, any agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above may in particular provide for—
(a) combined services for the through carriage of passengers or goods to be provided by Transport for London or any of its subsidiaries and any other party to the agreement, the quoting of through rates and the pooling of receipts and expenses in respect of such services;
(b) securing efficiency, economy and safety of operation in the provision of any public passenger transport services in pursuance of the agreement;
(c) the exercise by Transport for London, in accordance with the agreement, of control over fares in respect of any such services and their routes and frequency of operation and over charges in respect of any other facilities provided in pursuance of the agreement; and
(d) the making of payments by Transport for London to any other party to the agreement.
(1) The Mayor shall exercise his powers under section 155(1) above so as ensure that the matters specified in subsection (2) below are determined.
(2) The matters mentioned in subsection (1) above are—
(a) the general level and structure of the fares to be charged for public passenger transport services provided by Transport for London or by any other person in pursuance of any agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary’s agreement;
(b) the general structure of routes of such services and the general level of provision to be made with respect to their frequency of operation; and
(c) the general level of charges to be made for other facilities provided as mentioned in paragraph (a) above.
175 Co-operation with the Strategic Rail Authority.
(1) It shall be the duty of Transport for London (either acting directly, or acting through a subsidiary) and the Secretary of State to co-operate with one another in the exercise and performance of their respective functions for the purpose—
(a) of co-ordinating the passenger transport services for persons travelling to, from and within Greater London—
(i) which are provided by Transport for London or any of its subsidiaries, and
(ii) which are provided under franchise agreements, or are secured services (within the meaning of Part 4 of the Railways Act 2005) provided by or on behalf of the Secretary of State ; and
(b) of securing or facilitating the duty of Transport for London under section 154(3) above;
...
(1A) Before—
(a) issuing an invitation to tender for a franchise agreement in a case in which the services to be provided under the agreement are or include London railway passenger services, or
(b) entering into a franchise agreement in respect of such services in a case in which no such invitation has been issued,
the Secretary of State must consult Transport for London.
(1B) The Secretary of State and Transport for London must each provide to the other any information which—
(a) the other reasonably requires for a purpose mentioned in subsection (1)(a) or (b); and
(b) is information which it would have been lawful for him or (as the case may be) it to disclose apart from this subsection.
(2) For the purposes of the co-operation required under subsection (1) above, Transport for London and the Secretary of State may enter into such arrangements with one another with respect to the exercise and performance of their respective functions on such terms as may appear to them to be expedient.
(2A) Those arrangements may include arrangements under which sums become due from Transport for London to the Secretary of State—
(a) in respect of London railway passenger services;
(b) in respect of station services provided in connection with such services; or
(c) in respect of bus substitution services provided as alternatives for London railway passenger services.
(3) The references in subsections (1) and (2) above to the functions of the Secretary of State shall be taken as a reference to—
(a) his functions under sections 23 to 31 of the Railways Act 1993 (franchising of passenger services), and
(b) the duties imposed upon him by sections 22 to 24 of the Railways Act 2005 (discontinuance of railway passenger services) to secure the provision of services.
(3A) A reference in this section to a London railway passenger service is a reference to—
(a) a service for the carriage of passengers by railway between places in Greater London; or
(b) a service for the carriage of passengers by railway between places in Greater London and places outside Greater London.
(3B) Expressions used in this section and in Part 1 of the Railways Act 1993 have the same meanings in this section as in that Part.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where a public passenger transport service is provided under—
(a) an agreement entered into by Transport for London under section 156(2) or (3)(a) above, or
(b) a transport subsidiary’s agreement,
by a person other than a subsidiary of Transport for London, it shall be the duty of that person and the other party to the agreement in question, either acting directly, or acting indirectly through subsidiaries of theirs, to co-operate with one another in the exercise and performance of their respective functions for the purposes specified in subsection (2) below.
(2) The purposes mentioned in subsection (1) above are—
(a) the co-ordinating of passenger transport services, and
(b) the securing of, or the facilitating of, the proper discharge of the duty of Transport for London under section 154(3) above.
(3) The duty of co-operation imposed by subsection (1) above requires both parties to an agreement under section 156(2) or (3)(a) above or to a transport subsidiary’s agreement to provide to one another such information as to their services as may reasonably be required for the purposes specified in subsection (2) above.
177 Provision of extra passenger transport services and facilities.
(1) The council of a London borough and the Common Council shall each have power to enter into and carry out agreements with—
(a) Transport for London,
(b) the Secretary of State, or
(c) any person who is the holder of a passenger licence, a network licence or a station licence,
with respect to the provision or retention, and financing, of public passenger transport services and facilities which would not be available apart from any such agreement.
(2) Transport for London and the Secretary of State shall each have power to enter into and carry out agreements with the council of a London borough or the Common Council with respect to the matters specified in subsection (1) above.
(3) The terms of an agreement entered into under this section shall be such as may be agreed between the parties to the agreement.
(4) Expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part.
178 Information and publicity about plans as to services and fares.
(1) Transport for London shall in each year inform the bodies mentioned in subsection (2) below of its current plans with respect to—
(a) the general level of transport services and facilities to be provided by Transport for London, any subsidiary of Transport for London or any other person in pursuance of an agreement entered into by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary’s agreement;
(b) the general structure of routes of such services;
(c) the general level and structure of fares to be charged for such services; and
(d) the general level of charges to be made for such facilities.
(2) The bodies are—
(a) the London borough councils;
(b) the Common Council;
(c) the council of any county or district any part of whose area appears to Transport for London to be affected significantly by any plans falling within subsection (1) above; and
(d) the London Transport Users’ Committee.
(3) Transport for London shall cause particulars of the general level and structure of the fares falling within subsection (1)(c) above as they apply for the time being to be published in such manner as it thinks fit.
(1) In this Part—
local service has the meaning given to it by section 2 of the Transport Act 1985, and
London local service means a local service with one or more stopping places in Greater London.
(2) Where a local service is or is to be provided both inside and outside Greater London, any part of the service which is or is to be provided outside Greater London shall be treated as a separate service for the purposes of this Part if there is any stopping place for that part of the service outside Greater London.
(3) The following are not London local services for the purposes of this Act—
(a) a service provided in pursuance of an agreement with the Secretary of State entered into under section 40 of the Railways Act 2005 (substitution services provided for interrupted or discontinued railway services);
(b) a service provided under an agreement entered into, where a railway service has been temporarily interrupted, with the person who usually provides the railway service.
(1) No London local service may be provided except in accordance with the provisions of this Chapter.
(2) If a London local service is provided in contravention of subsection (1) above, the operator of the service shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) It shall be a defence for a person charged with an offence under subsection (2) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(1) Transport for London shall determine which London local services are required for the purpose of providing safe, integrated, efficient and economic transport services in Greater London.
(2) The determination made by Transport for London under subsection (1) above shall be kept under review and may be revised at any time.
(3) The London local services which Transport for London determines are required under this section shall be known collectively as the London bus network.
(4) A London local service which is part of the London bus network may be provided only—
(a) by Transport for London or any of its subsidiaries, or
(b) by any other person in pursuance of an agreement entered into by Transport for London under section 156(2) above or in pursuance of a transport subsidiary’s agreement.
(5) Transport for London shall so far as reasonably practicable provide or secure the provision of the London bus network.
(1) Where a London local service which is part of the London bus network is provided in pursuance of an agreement entered into by Transport for London under section 156(2) above or in pursuance of a transport subsidiary’s agreement, the agreement shall be known as a London local service agreement.
(2) Where a London local service agreement relates to a local service part of which is to be provided outside Greater London, subsection (3) below applies to any provision contained in the agreement with respect to the carriage of passengers other than those who are both taken up and set down in Greater London.
(3) A provision of a description specified in subsection (2) above shall be of no effect if or so far as it is inconsistent with any condition attached under section 8 of the Transport Act 1985 (enforcement of traffic regulation conditions etc by a traffic commissioner)—
(a) to a PSV operators’ licence held by the operator of the service, or
(b) to a permit under section 22 of the Transport Act 1985 (a community bus permit).
(1) Subsection (2) below applies where—
(a) Transport for London or any of its subsidiaries proposes to provide a new London local service or to vary an existing London local service,
(b) Transport for London proposes to enter into a London local service agreement for the provision of a new London local service, or
(c) Transport for London proposes to agree to a variation in an existing London local service provided pursuant to a London local service agreement,
and the proposal, if effected, would alter the London bus network.
(2) Transport for London shall before making a decision about the proposal consult—
(a) the commissioner or commissioners of police affected,
(b) the London authorities affected,
(c) the London Transport Users’ Committee, and
(d) any other person whom Transport for London considers it appropriate to consult,
about the matters specified in subsection (3) below relating to the proposed new service or the service as proposed to be altered.
(3) The matters mentioned in subsection (2) above are—
(a) the route,
(b) the terminal points,
(c) the points at which passengers may or may not be taken up and set down, and
(d) the place at which, or street by the use of which, vehicles used for the service may turn at a terminal point.
(4) For the purposes of this section, the London authorities affected by a proposal are the London authorities in whose area there is situated—
(a) any part of the route in question, or
(b) any of the places mentioned in subsection (3)(b) to (d) above.
(5) Where a place or street mentioned in paragraph (d) of subsection (3) above is situated in the area of a local authority other than a London authority, Transport for London is also required under subsection (2) above to consult that local authority about the matter specified in that paragraph.
(6) For the purposes of this section a commissioner of police is affected by a proposal if he is—
(a) the Commissioner of Police of the Metropolis, or
(b) the Commissioner of Police of the City of London,
and any part of the route in question, or any of the places mentioned in subsection (3)(b) to (d) above, is situated in the police area for which he is the Commissioner.
(7) For the purposes of this Chapter a London authority is any London borough council or the Common Council.