(1) Subsection (2) below applies where—
(a) Transport for London or any of its subsidiaries proposes to discontinue a London local service which is part of the London bus network, or
(b) Transport for London proposes not to renew a London local service agreement pursuant to which a London local service which is part of the London bus network is provided,
except where Transport for London proposes that a service replacing the London local service in question and equivalent to it will be provided (whether by Transport for London or any of its subsidiaries, or pursuant to a London local service agreement).
(2) Transport for London shall before making a decision about the proposal consult—
(a) the London authorities affected,
(b) the London Transport Users’ Committee, and
(c) any other person whom Transport for London considers it appropriate to consult.
(3) For the purposes of this section the London authorities affected by a proposal are the London authorities in whose area there is situated any part of the route of the service in question.
(1) A London local service which is not part of the London bus network may be provided only by a person who is authorised to provide the service by a permit granted by Transport for London (a London service permit).
(2) The Mayor shall prepare and adopt a document (the guidance document) containing the criteria by which applications for a London service permit will be considered.
(3) The Mayor shall keep the guidance document under review and may revise it at any time.
(4) Where the guidance document is revised, the Mayor shall adopt the document as revised.
(1) An application for a London service permit shall be made in such manner and accompanied by such supporting evidence as may be determined by Transport for London.
(2) Transport for London may charge a fee—
(a) for processing the application for a London service permit under subsection (1) above,
(b) for granting a London service permit, or
(c) for both (a) and (b) above.
(3) In deciding whether to grant a London service permit Transport for London—
(a) shall have regard to the criteria contained in the guidance document,
(b) shall have regard to any other material considerations, and
(c) shall consult the persons and bodies specified in subsection (4) below.
(4) The persons and bodies mentioned in subsection (3)(c) above are—
(a) the London authorities affected,
(b) the commissioner or commissioners of police affected,
(c) the London Transport Users’ Committee, and
(d) any other person whom Transport for London considers it appropriate to consult.
(5) Where Transport for London grants a London service permit it shall send notice of the grant, including particulars of the services authorised by the permit to be provided, to the London Transport Users’ Committee, the London authorities affected and the commissioner or commissioners of police affected.
(6) For the purposes of this section, the London authorities affected are the London authorities in whose area there is situated any part of the route of the London local service to which the application for the London service permit relates.
(7) For the purposes of this section a commissioner of police is affected 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 of the London local service to which the application for the London service permit relates is situated in the police area for which he is the Commissioner.
(1) Transport for London may attach to a London service permit granted under section 186 above such conditions as it thinks fit.
(2) The conditions that may be attached to a London service permit by virtue of subsection (1) above include conditions for securing—
(a) that suitable routes are used in providing any service authorised to be provided by the permit,
(b) that passengers are not taken up or are not set down except at specified points, or are not taken up or are not set down between specified points, or
(c) the safety and convenience of the public, including persons who have mobility problems.
(3) No condition as to fares shall be attached under this section to a London service permit.
(4) Transport for London may at any time vary a London service permit—
(a) by altering any condition attached to the permit,
(b) by removing any condition attached to the permit, or
(c) by attaching to the permit any condition.
(5) Compliance with any condition attached to a London service permit under this section may be temporarily dispensed with by Transport for London if it is satisfied—
(a) that compliance with the condition would be unduly onerous by reason of circumstances not foreseen when the condition was attached, or, if the condition has been altered, when it was last altered, and
(b) that such a dispensation would not adversely affect the safety and convenience of the public, including persons who have mobility problems.
(6) If a condition attached to a London service permit under this section is contravened, the holder of the permit shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) It shall be a defence for a person charged with an offence under subsection (6) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(1) Subject to subsection (2) below, a London service permit may be revoked or suspended by Transport for London on the ground that there has been a contravention of any condition attached to it.
(2) Transport for London shall not revoke or suspend a London service permit unless, owing to—
(a) the frequency of the breach of conditions, or
(b) the breach having been committed intentionally, or
(c) the danger to the public involved in the breach,
Transport for London is satisfied that the permit should be revoked or suspended.
(3) On revoking or suspending a London service permit Transport for London shall send notice of the revocation or suspension to each commissioner of police and London authority notified of the grant of the licence in accordance with section 186(5) above.
(4) A London service permit suspended under this section shall during the period of suspension be of no effect.
(1) Where Transport for London refuses to grant a London service permit, it must issue a notice stating the reasons for the decision to do so to the person who made the application for the permit.
(2) A person to whom a notice has been issued under subsection (1) above may make an appeal to the First-tier Tribunal against the decision in relation to which the notice was issued.
(3) Where Transport for London—
(a) attaches any condition to a London service permit, or alters or removes any condition so attached; or
(b) revokes or suspends a London service permit,
it must issue a notice to the holder of the permit stating the reasons for the decision to do so.
(4) A holder of a London service permit to whom a notice has been issued under subsection (3) above may make an appeal to the First-tier Tribunal against the decision in relation to which the notice was issued.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) On an appeal under this section the First-tier Tribunal may—
(a) uphold the decision,
(b) quash the decision, or
(c) substitute for the decision such other decision which Transport for London had power to make as appears to the tribunal to be appropriate.
(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The duration of a London service permit shall not be longer than five years.
(2) If, on the date on which a London service permit is due to expire, an application has been made for the grant of a new London service permit in substitution for it and—
(a) Transport for London has neither granted nor refused to grant the London service permit applied for,
(b) Transport for London has refused to grant the London service permit applied for but an appeal against the refusal has been made under section 189 above and not disposed of, or
(c) Transport for London has granted the London service permit applied for but an appeal against a decision to attach a condition to the permit has been made under section 189 above and not disposed of,
subsection (3) below shall apply.
(3) Where this subsection applies, the existing London service permit shall continue in force—
(a) in a case falling within subsection (2)(a) above, until Transport for London grants or refuses to grant the London service permit applied for, or
(b) in a case falling within subsection (2)(b) or (c) above, until the appeal has been disposed of.
(4) Where subsection (3)(a) above applies, if Transport for London—
(a) refuses to grant the London service permit applied for, or
(b) grants the London service permit applied for but at the time of the grant attaches any condition to the permit,
the existing London service permit shall continue in force until any appeal which is made under section 189 above against the decision in question has been disposed of.
(5) This section is without prejudice to section 188 above.
(1) When preparing or revising the guidance document and before finally determining the contents of the document or any revisions, the Mayor shall—
(a) publish a notice in a newspaper circulating in the entire area of Greater London, stating where a draft of the guidance document (or the revisions, as the case may be) may be inspected, and
(b) consult the persons and bodies specified in subsection (2) below.
(2) The persons and bodies mentioned in subsection (1)(b) above are—
(a) each London authority,
(b) the local authority for any other area which the Mayor considers will be affected by the contents of the guidance document or the revisions, as the case may be,
(c) the Commissioner of Police of the Metropolis and the Commissioner of Police of the City of London,
(d) a traffic commissioner;
(f) the London Transport Users’ Committee, and
(g) any other person whom the Mayor considers it appropriate to consult.
(3) Where the Mayor is determining the contents of revisions to the guidance document and the revisions will not affect the entire area of Greater London, the obligation imposed under subsection (1)(a) above shall not have effect and instead a notice stating where a draft of the revisions can be inspected shall be published in a newspaper circulating in the area or areas which the Mayor considers will be affected by the revisions.
(1) The Mayor shall publish the guidance document.
(2) Where the Mayor revises the guidance document he shall publish it as revised.
(3) In this Act, references to the guidance document include, except where the context otherwise requires, a reference to the current version of the guidance document.
(4) The guidance document must be published no later than 180 days after the Mayor has published the transport strategy prepared by him under section 142(1) above.
(5) The Mayor shall send to the Common Council and to each London borough council a copy of the current version of the guidance document.
(6) A copy of the current version of the guidance document shall be kept available by the Mayor for inspection by any person on request free of charge—
(a) at the principal offices of the Authority, and
(b) at such other places as the Mayor considers appropriate,
at reasonable hours.
(7) A copy of the current version of the guidance document, or any part of it, shall be supplied to any person on request for such reasonable fee as the Mayor may determine.
(8) Any reference in this section to the current version of the guidance document is a reference to the guidance document as last published, whether originally or as revised.
(1) A London local service agreement shall be of no effect at any time when the party to the agreement who is not Transport for London does not hold—
(a) a PSV operators’ licence, or
(b) a permit granted under section 22 of the Transport Act 1985 (a community bus permit).
(2) A London service permit shall be of no effect at any time when the holder of the permit does not hold a licence of the description specified in subsection (1)(a) above, or a permit of the description specified in subsection (1)(b) above.
(3) In any case where a local authority is providing a service falling within section 46(1) of the Public Passenger Vehicles Act 1981 (no requirement for a PSV operators’ licence where a school bus is being used to provide a service)—
(a) subsection (1) above does not apply in relation to any London local service agreement pursuant to which the local authority is providing the service, and
(b) subsection (2) above does not apply in relation to any London service permit by which the local authority is authorised to provide the service.
194 Application of the Public Passenger Vehicles Act 1981.
(1) The provisions of the Public Passenger Vehicles Act 1981 specified in subsection (2) below apply in relation to the grant of London service permits, or to London service permits granted, under this Part of this Act, as they apply in relation to the grant of PSV operators’ licences, or PSV operators’ licences granted, under that Act.
(2) The provisions mentioned in subsection (1) above are—
(a) section 57 (death, bankruptcy, etc. of licence holder) taking the references to a traffic commissioner as a reference to Transport for London, and
(b) section 58(2) (grant of licences to unincorporated body or to persons jointly).
(3) Section 84 of the Public Passenger Vehicles Act 1981 (which relates to the effects of that Act in relation to general public interests) shall have effect as if the provisions of this Chapter were contained in that Act.
In this Chapter—
the guidance document shall be construed in accordance with section 185(2) above,
London authority shall be construed in accordance with section 183(7) above,
London bus network shall be construed in accordance with section 181 above,
London local service agreement shall be construed in accordance with section 182 above,
London service permit shall be construed in accordance with section 185 above,
London Transport Users’ Committee means the committee established under section 247 below,
PSV operators’ licence means a licence granted under the provisions of Part II of the Public Passenger Vehicles Act 1981,
stopping place means, in relation to any service or part of a service, a point at which passengers are (or, in the case of a proposed service, are proposed to be) taken up or set down in the course of that service or part,
traffic area means a traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981,
...
198 Exemptions by order under Part I of the Railways Act 1993.
(1) The Railways (London Regional Transport) (Exemptions) Order 1994 shall have effect with the following amendments.
(2) In article 2 (interpretation) the word and immediately preceding the definition of LRT company shall be omitted, and in that definition, after means there shall be inserted “ (a) ” and at the end there shall be added—
(b) Transport for London or any subsidiary of theirs; or
(c) a PPP company, so far as carrying out qualifying activities
.
(3) In article 2, after the definition of LRT company there shall be added—
PPP agreement and PPP company have the same meaning as in Chapter VII of Part IV of the Greater London Authority Act 1999 (public-private partnership agreements);
qualifying activities, in relation to a PPP company, means light maintenance services, network services or station services carried out by the PPP company in fulfilment of obligations imposed on the company by a PPP agreement.
(4) The amendments made by this section are without prejudice to the exercise of any power conferred by any enactment (including a power conferred by any provision of this Act) to amend the said Order of 1994 by an enactment comprised in subordinate legislation, within the meaning of the Interpretation Act 1978.
(1) The Secretary of State may, after consultation with the Office of Rail and Road ..., by order grant at any time—
(a) a licence exemption under subsection (1) of section 7 of the Railways Act 1993, . . ., or
(b) a facility exemption under section 20 of that Act, . . .,
subject to and in accordance with the following provisions of this section.
(2) An exemption by virtue of paragraph (a) or (b) of subsection (1) above may only be granted in respect of railway assets or railway facilities comprised in, or used on or in connection with, a network on which some or all of the regular scheduled passenger services are operated by London Regional Transport or Transport for London or a subsidiary of London Regional Transport or Transport for London.
(3) The power conferred by subsection (1) above is exercisable only if the Secretary of State has received an application for the grant of the exemption from the appropriate London transport authority.
(4) In this section—
the appropriate London transport authority means—
as respects any time before the transfer date, London Regional Transport; and
as respects any time on or after that date, Transport for London;
the transfer date means the date on which London Underground Limited becomes a subsidiary of Transport for London;
and, subject to that, 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.
(1) Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, Transport for London may enter into an access contract to which section 18 of the Railways Act 1993 applies, notwithstanding—
(a) that such a contract can only be entered into on terms approved (with or without modification) by the Office of Rail and Road and pursuant to directions given by the Office of Rail and Road under that section; and
(b) that the terms of the contract may confer on the Office of Rail and Road powers to determine the manner in which Transport for London is to exercise its functions in relation to the contract.
(2) The duty imposed on the Mayor by section 174 above accordingly also has effect subject, as respects the power conferred on Transport for London by subsection (1) above, to the powers of the Office of Rail and Road under section 18 of the Railways Act 1993.
(3) After section 41 of the London Regional Transport Act 1984 there shall be inserted—
Railway access contracts
Access contracts under the Railways Act 1993.
41A (1) Where it considers that to do so is best calculated to meet any need relating to transport in or around, or to or from, Greater London, London Regional Transport may enter into an access contract to which section 18 of the Railways Act 1993 applies, notwithstanding—
(a) that such a contract can only be entered into on terms approved (with or without modification) by the Office of Rail Regulation and pursuant to directions given by the Office of Rail Regulation under that section; and
(b) that the terms of the contract may confer on the Office of Rail Regulation powers to determine the manner in which London Regional Transport is to exercise its functions in relation to the contract.
(2) The duties imposed on London Regional Transport by sections 2 and 8 of this Act accordingly also have effect subject, as respects the power conferred by subsection (1) above, to the powers of the Office of Rail Regulation under section 18 of the Railways Act 1993.
(4) In section 4 of the Railways Act 1993 (general duties of the Secretary of State and the Office of Rail Regulation ) in subsection (5) (which imposes additional duties on the Office of Rail Regulation ) the word and immediately preceding paragraph (c) shall be omitted and at the end of that paragraph there shall be added
; and
(d) to have regard to the ability of the Mayor of London, London Regional Transport and Transport for London to carry out the functions conferred or imposed on them by or under any enactment
.
202 Authority and Transport for London not to be railway franchisees.
(1) Section 25(1) of the Railways Act 1993 (which prevents public sector operators, as defined in the paragraphs of that subsection, from being franchisees) shall be amended as follows.
(2) After paragraph (b) there shall be inserted—
(bb) the Greater London Authority;
(bc) Transport for London;
.
(3) In paragraph (d) (bodies corporate whose members are appointed by certain other bodies or persons) after a local authority there shall be inserted “ , the Greater London Authority, Transport for London ”.
205 Amendment of franchise agreements to take account of the Authority.
(1) Any franchise agreement entered into under Part I of the Railways Act 1993 before the day on which this Act is passed shall have effect on and after that day with the following amendment.
(2) In paragraph (a) of the definition of Local Authority in the agreement, after in England, there shall be inserted “ the Greater London Authority, Transport for London, ”.
206 Secretary of State to consult Mayor before changing amount of penalty fare.
(1) Section 130 of the Railways Act 1993 (penalty fares) shall be amended as follows.
(2) After subsection (9) there shall be inserted—
(9A) Before making any regulations which have the effect of varying the amount, or the greatest amount, which a person within, or travelling to or from, Greater London may be charged by way of penalty fare, the Secretary of State must consult the Mayor of London.
207 Restrictions on contracting out certain services.
(1) For the purposes of this section, the services which are reserved services are those whose provision by a person would involve that person in performing or securing the performance, for the purposes of any TfL passenger rail service, of—
(a) any station-operating function; or
(b) any train-operating function.
(2) Transport for London shall not, without the consent of the Secretary of State, enter into or carry out any agreement under which an outside contractor is to provide or secure the provision of a reserved service for Transport for London or a subsidiary of Transport for London.
(3) Where a company which is a subsidiary of Transport for London provides or is to provide, or secures or is to secure the provision of, a reserved service for Transport for London or a subsidiary of Transport for London, Transport for London shall not, without the consent of the Secretary of State, enter into any transaction or series of transactions the result of which would be that the company—
(a) would cease to be a subsidiary of Transport for London; but
(b) would nevertheless provide or continue to provide, or secure or continue to secure the provision of, the reserved service.
(4) Nothing in this section applies in relation to a contract of employment between an individual and Transport for London or a subsidiary of Transport for London.
(5) The Secretary of State may by order provide exceptions from subsection (2) or (3) above.
(6) Any consent of the Secretary of State under this section must be in writing and—
(a) may be given in relation to any particular transaction or description of transactions; and
(b) may be given subject to conditions.
(7) For the purposes of this section—
station-operating function means any of the following functions—
the sale or collection of tickets at stations;
the inspection of tickets, or the imposing of penalty fares, at or in the vicinity of a station, but otherwise than on a train;
the making of oral public announcements at stations;
the provision of information orally to members of the public at stations, otherwise than by means of public announcements;
any duties of staff employed on platforms at stations;
...
any other function involved in the management or operation of a station;
train-operating function means any of the following functions—
the driving of passenger trains otherwise than within a depot;
any duties of guards on passenger trains;
the sale, collection or inspection of tickets, or the imposing of penalty fares, on passenger trains;
the operation of signals for controlling the movement of passenger trains otherwise than within a depot;
the exercise of control over the movement of passenger trains otherwise than within a depot;
any other function involved in the operation of passenger trains otherwise than within a depot.
(8) In this section—
contract of employment means any contract of service or apprenticeship;
outside contractor means a person other than Transport for London or a subsidiary of Transport for London;
passenger train means a train which is being, has just been, or is about to be, used for the provision of a TfL passenger rail service;
premises includes any land, building or structure;
railway has the meaning given in section 67(1) of the Transport and Works Act 1992;
reserved service shall be construed in accordance with subsection (1) above;
station means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes;
TfL passenger rail service means any public service for the carriage of passengers by railway which is under the control of Transport for London or a subsidiary of Transport for London;
ticket includes any other authority to travel or to be present in a part of a station where such an authority is required.
(9) The Secretary of State may by order amend this section for the purpose of varying the meaning in this section of any of the following expressions—
(a) train-operating function;
(b) station-operating function;
(c) outside contractor; or
(d) TfL passenger rail service.
(1) Section 3 of the London Docklands Railway (Lewisham) (No. 2) Act 1993 (transfer of functions relating to the Docklands Light Railway) shall be amended in accordance with subsections (2) to (7) below.
(2) In subsection (1) (which confers a power on the Secretary of State to make orders transferring functions relating to the Docklands Light Railway) for Secretary of State there shall be substituted “ Mayor of London ”.
(3) Subsection (3) (which confers a power to specify in a transfer order circumstances in which the order shall cease to have effect) shall cease to have effect.
(4) After subsection (3) there shall be inserted—
(3A) The power to make a transfer order under subsection (1) above includes a power to revoke, amend or re-enact any transfer order made under that subsection.
(3B) Without prejudice to subsection (3A) above, a transfer order may specify circumstances in which the order shall cease to have effect before the expiry of any period specified in any such order.
(5) In subsection (4) (which confers a power to include in a transfer order supplementary etc provision) for Secretary of State there shall be substituted “ Mayor of London. ”
(6) Subsection (6) (which provides that the power to make a transfer order is to be exercisable by statutory instrument) shall cease to have effect.
(7) After subsection (6) there shall be inserted—
(7) The Mayor of London shall secure that any transfer order made under subsection (1) 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 subsection (7) above.
(8) Any transfer order—
(a) made by the Secretary of State under section 3(1) of the London Docklands Railway (Lewisham) (No. 2) Act 1993, and
(b) in force immediately before the coming into force of subsection (3) above,
shall have effect as from the coming into force of that subsection as if it were a transfer order made by the Mayor of London.
(1) The Croydon Tramlink Act 1994 shall be amended in accordance with subsections (2) to (10) below.
(2) In section 9(3) (consent to be obtained for the alteration of the level of a street) in paragraph (b) (which provides for disputes over the giving of consent to be determined by the Secretary of State) for Secretary of State there shall be substituted “ Mayor of London ”.
(3) In section 50 (transfer of functions relating to the Croydon Tramlink) in subsection (1) (which confers a power on the Secretary of State to make orders transferring functions relating to the Croydon Tramlink) for Secretary of State there shall be substituted “ Mayor of London ”.
(4) Subsection (3) of that section (which confers a power to specify in a transfer order circumstances in which the order shall cease to have effect) shall cease to have effect.
(5) After subsection (3) of that section there shall be inserted—
(3A) The power to make a transfer order under subsection (1) above includes a power to revoke, amend or re-enact any transfer order made under that subsection.
(3B) Without prejudice to subsection (3A) above, a transfer order may specify circumstances in which the order shall cease to have effect before the expiry of any period specified in any such order.
(6) In subsection (4) of that section (which confers a power to include in a transfer order supplementary etc provision) for Secretary of State there shall be substituted “ Mayor of London ”.
(7) In subsection (7) (duty of London Regional Passengers’ Committee to consider etc matters referred to them)—
(a) in paragraph (b) (references by the Secretary of State) for by the Secretary of State there shall be substituted “ by Transport for London, by the Greater London Authority (acting by the Mayor of London) ”;
(b) in the words following paragraph (c) (persons to whom minutes etc are to be sent) for the Secretary of State,, where first occurring, there shall be substituted “ the Mayor of London, the London Assembly, Transport for London, ”; and
(c) the words from and to such person onwards shall cease to have effect.
(8) Subsection (9) of that section (which provides that the power to make a transfer order is to be exercisable by statutory instrument) shall cease to have effect.
(9) After subsection (9) of that section there shall be inserted—
(9A) The Mayor of London shall secure that any transfer order made under subsection (1) above (and any order revoking, amending or re-enacting any such order) is printed and published.
(9B) A fee may be charged for the sale of an order printed and published under subsection (9A) above.
(10) In subsection (11) of that section (interpretation) for London Regional Passengers’ Committee there shall be substituted “ London Transport Users’ Committee ”.
(11) Any transfer order—
(a) made by the Secretary of State under section 50(1) of the Croydon Tramlink Act 1994, and
(b) in force immediately before the coming into force of subsection (3) above,
shall have effect as from the coming into force of that subsection as if it were a transfer order made by the Mayor of London.
(1) For the purposes of this Chapter a public-private partnership agreement (referred to as a PPP agreement) is a contract in the case of which the conditions set out in the following provisions of this section are satisfied.
(2) At least one of the parties to the contract must be a relevant body for the purposes of this Chapter, that is to say—
(a) London Regional Transport;
(b) Transport for London; or
(c) a subsidiary of London Regional Transport or Transport for London.
(3) The contract must be one which involves—
(a) the provision, construction, renewal, or improvement, and
(b) the maintenance,
of a railway or proposed railway and, if or to the extent that the contract so provides, of any stations, rolling stock or depots used or to be used in connection with that railway.
(4) The railway or proposed railway must be one which—
(a) belongs or will belong to, or to a subsidiary of, London Regional Transport or Transport for London, or
(b) is being provided, constructed, renewed or improved under the contract for, or for a subsidiary of, London Regional Transport or Transport for London.
(5) If a party who undertakes to carry out or secure the carrying out of any or all of the work mentioned in subsection (3) above (a PPP company) is a public sector operator at the time when the contract is made, that party must no longer be a public sector operator on the day following the expiration of the period of six weeks beginning with the day on which the condition in subsection (6) below is satisfied.
(6) The contract must be one which is, or is of a description which is, designated as a PPP agreement.
(1) In this Chapter public sector operator means—
(a) any Minister of the Crown, government department or other emanation of the Crown;
(b) any local authority;
(c) any Integrated Transport Authority for an integrated transport area in England;
(ca) any combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
(cb) any combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
(d) any body corporate whose members are appointed by a Minister of the Crown, a government department, a local authority, an Integrated Transport Authority for an integrated transport area in England or a combined authority , combined authority or combined county authority or by a body corporate whose members are so appointed;
(e) a company—
(i) a majority of whose issued shares are held by or on behalf of any of the bodies or persons falling within paragraphs (a) to (d) above;
(ii) in which the majority of the voting rights are held by or on behalf of any of those bodies or persons;
(iii) a majority of whose board of directors can be appointed or removed by any of those bodies or persons; or
(iv) in which the majority of the voting rights are controlled by any of those bodies or persons, pursuant to an agreement with other persons;
(f) a subsidiary of a company falling within paragraph (e) above.
(2) Expressions used in sub-paragraphs (i) to (iv) of subsection (1)(e) above that are defined for the purposes of the Companies Acts (see section 1174 of, and Schedule 8 to, the Companies Act 2006) have the same meaning in those sub-paragraphs.
(1) Any designation for the purposes of subsection (6) of section 210 above (a PPP designation) must be made in a direction issued by the appropriate authority.
(2) A PPP designation must—
(a) describe the subject matter of the contracts to which it relates;
(b) describe the parties to those contracts; and
(c) if made before one or more of those contracts has been entered into, state a time by which a contract must have been entered into if it is to be a PPP agreement by virtue of the designation.
(3) The time stated pursuant to paragraph (c) of subsection (2) above must not be later than three months after the date of the direction containing the designation.
(4) A PPP designation may be made before or after the making of any contract to which it relates.
(5) A contract shall not be a PPP agreement by virtue of a PPP designation made after the making of the contract, except with the consent of the parties to the contract.
(6) For the purposes of subsection (1) above the appropriate authority means—
(a) as respects any direction issued before the transfer date, the Secretary of State; and
(b) as respects any direction issued on or after that date, the Mayor.
(1) In this Chapter, key system assets means—
(a) any property, rights or liabilities which are, or are of a description, designated by a relevant body as key system assets in a PPP agreement as originally made; and
(b) any property, rights or liabilities which are designated, or are of a description designated, by a relevant body after the making of a PPP agreement as key system assets in accordance with the terms of, or by an amendment made to, the PPP agreement,
but does not include any property, rights or liabilities which, in accordance with the terms of, or by an amendment made to, the PPP agreement, have for the time being ceased to be designated as key system assets.
(2) No rights or liabilities under contracts of employment shall be designated as key system assets.
(1) The relevant authority shall keep a register of all key system assets for the time being, except as provided by subsection (3) below.
(2) The register shall state—
(a) the date on which any designation of a particular key system asset, or of a description of key system assets, was made; and
(b) sufficient details of any particular key system asset, or any description of key system assets, designated as such to enable the key system assets to be identified.
(3) The register need not contain an entry in respect of any particular key system asset or description of key system assets if the relevant authority, with the consent of the PPP company concerned, keeps the requisite copy documents available for inspection by the public at all reasonable hours free of charge.
(4) For the purposes of this section the requisite copy documents, in the case of any particular key system asset or description of key system assets, are copies of—
(a) the document which contains the designation under paragraph (a) or (b) of section 213(1) above, and
(b) such other documents (if any) as may be necessary to disclose the information which would (apart from subsection (3) above) be required to be stated in the register,
or of such extracts from those documents as disclose the designation or, as the case may be, the information concerned.
(5) The register shall be available for inspection by the public free of charge at all reasonable hours.
(6) A person inspecting the register, or any requisite copy documents available for inspection under subsection (3) above, may make copies of, or of extracts from, the register or requisite copy documents.
(1) Where a PPP agreement is or has been entered into, the powers of the relevant authority include power to enter into and carry out other agreements with other persons in connection with the PPP agreement, whether or not there is any term in the PPP agreement relating to such other agreements.
(2) Where—
(a) a PPP agreement is or has been entered into, and
(b) the PPP company or the relevant authority, or a subsidiary of the PPP company or relevant authority, enters into arrangements with another person (a PPP related third party)—
(i) which do not constitute a PPP agreement, but
(ii) which involve the provision of property or rights for use for the purposes of or otherwise in connection with the PPP agreement,
subsection (3) below applies.
(3) Where this subsection applies, the relevant authority, or a subsidiary of the relevant authority, may enter into an agreement with the PPP related third party for the purpose of enabling the property or rights in question to be designated as, and to be, key system assets as if—
(a) the agreement between the relevant authority or subsidiary and the PPP related third party were a PPP agreement, and
(b) the PPP related third party were the PPP company under that agreement.
(1) If and to the extent that key system assets are property or rights, a PPP company shall not, without the consent of the relevant authority,—
(a) transfer or agree to transfer, or create or agree to create any security over, any of those key system assets or any interest in, or right over, any of those key system assets; or
(b) create or extinguish, or agree to create or extinguish, any interest in, or right over, any of those key system assets.
(2) If and to the extent that key system assets are liabilities, a PPP company shall not, without the consent of the relevant authority, enter into any agreement under which any such liability is released or discharged or transferred to some other person.
(3) Any transaction which is entered into in contravention of subsection (1) or (2) above shall be void.
(4) No execution or other legal process may be commenced or continued, and no distress may be levied and no power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) may be exercised, against any property which is, or rights which are, key system assets.
(5) Where a PPP agreement makes provision for or in connection with the transfer to a successor body at any time—
(a) of any shares in a PPP company, or
(b) of any key system assets,
the relevant authority shall ensure that the PPP agreement includes provision specifying, or providing for the determination of, the amounts which are to be paid in respect of those shares or key system assets.
(6) In subsection (5) above, successor body means—
(a) a relevant body;
(b) a PPP company; or
(c) a PPP related third party.
(7) Any reference in this section to a PPP company or PPP related third party includes a reference to a body or person which has been or is to be such a company or party.
(8) In this section security has the meaning given by section 248(b) of the Insolvency Act 1986.
217 Schemes for the transfer of key system assets.
(1) Transport for London may make schemes for the transfer of key system assets from any body falling within subsection (2) below to any other such body.
(2) Those bodies are—
(a) Transport for London;
(b) any subsidiary of Transport for London;
(c) any PPP company;
(d) any PPP related third party.
(3) A scheme under this section shall not take effect unless and until it has been approved by the Mayor.
(4) The transfers which may be made by virtue of a scheme under this section include transfers taking effect before, on or after the expiration of the term of the PPP agreement or PPP related third party agreement by reference to which the transferor or transferee under the scheme falls within subsection (2) above.
(5) No scheme under this section for the transfer of key system assets from or to—
(a) a PPP company, or
(b) a PPP related third party,
may be made otherwise than in accordance with the terms of the PPP agreement or PPP related third party agreement by reference to which the PPP company or PPP related third party falls within subsection (2) above.
(6) In this section—
(a) any reference to key system assets includes a reference to property, rights or liabilities which have been or are to be such assets; and
(b) any reference to a PPP company or PPP related third party includes a reference to a body or person which has been or is to be such a company or party.
(7) Schedule 12 to this Act (which makes further provision in relation to schemes under this section) shall have effect.
(1) In this Chapter PPP lease means any lease—
(a) which constitutes a PPP agreement;
(b) which is entered into in accordance with a PPP agreement; or
(c) which is designated as a PPP lease.
(2) An instrument containing a PPP lease must also contain, or have endorsed upon it, a certificate—
(a) signed by or on behalf of the parties to the lease, and
(b) stating that the instrument contains a PPP lease.
(3) Any designation for the purposes of paragraph (c) of subsection (1) above shall be made by the same person, and in the same manner, as if it were a PPP designation.
(4) No enactment or rule of law regulating the rights and obligations of landlords and tenants shall prejudice the operation of an agreement between a relevant body and a PPP company as to the terms on which land which is the subject of a PPP lease is provided.
(5) Accordingly no such enactment or rule of law applies in relation to the rights and obligations of the parties to a PPP lease—
(a) so as to exclude or modify in any respect any of the rights and obligations of those parties under the terms of the PPP lease, whether with respect to the termination of the tenancy or any other matter;
(b) so as to confer or impose on any party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the PPP lease, in addition to any such right or obligation provided for by the terms of the PPP lease;
(c) so as to restrict the enforcement (whether by action for damages or otherwise) by any party to the PPP lease of any obligation of any other party under the PPP lease.
(6) In this section lease includes an underlease and an agreement for a lease or underlease.
220 Meaning and effect of PPP administration orders.
(1) A PPP administration order is an order of the court made in accordance with section 221, 222 or 223 below in relation to a PPP company and directing that, during the period for which the order is in force, the affairs, business and property of the company shall be managed, by a person appointed by the court,—
(a) for the achievement of the purposes of such an order; and
(b) in a manner which protects the respective interests of the members and creditors of the company.
(2) The purposes of a PPP administration order made in relation to any company shall be—
(a) the transfer to another company, or (as respects different parts of its undertaking) to two or more different companies, as a going concern, of so much of the company’s undertaking as it is necessary to transfer in order to ensure that the relevant activities may be properly carried on; and
(b) the carrying on of those relevant activities pending the making of the transfer.
(3) Schedule 14 to this Act shall have effect for applying provisions of the Insolvency Act 1986 where a PPP administration order is made.
(4) Schedule 15 to this Act shall have effect for enabling provision to be made with respect to cases in which, in pursuance of a PPP administration order, another company is to carry on all or any of the relevant activities of a PPP company in place of that company.
(5) Without prejudice to paragraph 20 of Schedule 14 to this Act, the power conferred by section 411 of the Insolvency Act 1986 to make rules shall apply for the purpose of giving effect to the PPP administration order provisions of this Act as it applies for the purpose of giving effect to Parts I to VII of that Act, but taking any reference in that section to those Parts as a reference to those provisions.
(6) For the purposes of this Chapter, the relevant activities, in relation to a PPP company, are the activities carried out, or to be carried out, by that company in performing its obligations under the PPP agreement to which it is party.
(7) In this section—
business and property have the same meaning as they have in the Insolvency Act 1986;
“the court”, in relation to a PPP company, means the court—
having jurisdiction to wind up the company, or
that would have such jurisdiction apart from section 221(2) or 441(2) of the Insolvency Act 1986 (exclusion of winding up jurisdiction in case of companies having principal place of business in, or incorporated in, Northern Ireland);
the PPP administration order provisions of this Act means this section, sections 221 to 224 below and Schedules 14 and 15 to this Act.
221 PPP administration orders made on special petitions.
(1) If, on an application made to the court by petition presented by the Mayor, the court is satisfied that either or both of the grounds specified in subsection (2) below is satisfied in relation to that PPP company, the court may make a PPP administration order in relation to that company.
(2) The grounds mentioned in subsection (1) above are, in relation to any company,—
(a) that the company is or is likely to be unable to pay its debts;
(b) that, in a case in which the Secretary of State has certified that it would be appropriate for him to petition for the winding up of the company under section 124A of the 1986 Act (petition by the Secretary of State following inspectors’ report etc), it would be just and equitable, as mentioned in that section, for the company to be wound up.
(3) Notice of any petition under this section for a PPP administration order shall be given forthwith to such persons and in such manner as may be prescribed by rules made under section 411 of the 1986 Act; and no such petition shall be withdrawn except with the leave of the court.
(4) Subsections (4) and (5) of section 9 of the 1986 Act (powers on application for administration order) shall apply on the hearing of the petition for a PPP administration order in relation to any company as they apply on the hearing of a petition for an administration order.
(5) Subsections (1), (2), (4) and (5) of section 10 of the 1986 Act (effect of petition) shall apply in the case of a petition for a PPP administration order in relation to any company as if—
(a) the reference in subsection (1) to an administration order were a reference to a PPP administration order; and
(b) paragraph (b) of that subsection did require the leave of the court for the taking of any of the steps mentioned in paragraphs (b) and (c) of subsection (2) (appointment of, and exercise of functions by, administrative receiver).
(6) For the purposes of this section a company is unable to pay its debts if—
(a) it is a company which is deemed to be so unable under section 123 of the 1986 Act (definition of inability to pay debts); or
(b) it is an unregistered company, within the meaning of Part V of the 1986 Act, which is deemed, by virtue of any of sections 222 to 224 of that Act, to be so unable for the purposes of section 221 of that Act (winding up of unregistered companies).
(7) The functions of the Mayor under this section may be exercised by Transport for London acting as his agent, and where Transport for London so acts references to the Mayor shall be construed accordingly.
(8) In this section—
the 1986 Act means the Insolvency Act 1986;
the court has the same meaning as in section 220 above.
(1) Where a petition for the winding up of a PPP company is presented by a person other than the Mayor, the court shall not make a winding-up order in relation to that company on that petition unless—
(a) notice of the petition has been served on the Mayor; and
(b) a period of at least fourteen days has elapsed since the service of that notice.
(2) Where a petition for the winding up of a PPP company has been presented, the Mayor may, at any time before a winding-up order is made on the petition, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 221(1) above, make a PPP administration order instead of a winding-up order.
(3) Where, on a petition for the winding up of a PPP company, the court makes, or proposes to make, a PPP administration order by virtue of subsection (2) above, subsections (4) and (5) of section 9 of the Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that petition as they apply on the hearing of a petition for an administration order.
(4) In this section the court has the same meaning as in section 220 above.
(1) No resolution for voluntary winding up shall be passed by a PPP company without leave of the court granted on an application made for the purpose by the company.
(2) No such leave shall be granted unless—
(a) notice of the application has been served on the Mayor; and
(b) a period of at least fourteen days has elapsed since the service of that notice.
(3) Where an application for leave under subsection (1) above has been made by a PPP company, the Mayor may, at any time before leave has been granted under subsection (1) above, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 221(1) above, make a PPP administration order instead of granting leave under subsection (1) above.
(4) Where, on an application for leave under subsection (1) above, the court makes, or proposes to make, a PPP administration order by virtue of subsection (3) above, subsections (4) and (5) of section 9 of the Insolvency Act 1986 (powers on application for administration order) shall apply on the hearing of that application as they apply on the hearing of a petition for an administration order.
(5) No administration order under Part II of the Insolvency Act 1986 shall be made in relation to a PPP company unless—
(a) notice of the application for the order has been served on the Mayor; and
(b) a period of at least fourteen days has elapsed since the service of that notice.
(6) Where an application for an administration order under Part II of the Insolvency Act 1986 has been made in the case of a PPP company, the Mayor may, at any time before such an order has been made on that application, make an application to the court for a PPP administration order in relation to that company; and where such an application is made the court may, if it is satisfied as mentioned in section 221(1) above, make a PPP administration order instead of an administration order under Part II of the I solvency Act 1986.
(7) No step shall be taken by any person to enforce any security over a PPP company’s property, except where that person has served fourteen days’ notice of his intention to take that step on the Mayor.
(8) In this section—
the court has the same meaning as in section 220 above;
resolution for voluntary winding up has the same meaning as in the Insolvency Act 1986;
security and property have the same meaning as in the Insolvency Act 1986.