224 Meaning of company and application of provisions to unregistered, foreign and other companies.
(1) In the PPP administration order provisions of this Act—
“company” means—
a company registered under the Companies Act 2006, or
an unregistered company; and
“unregistered company” means a company that is not registered under that Act.
(2) In the application of section 220(1) above in a case where the PPP company there mentioned is a foreign company, the reference to the affairs, business and property of the company shall be taken as a reference to the affairs and business of the company, so far as carried on in Great Britain, and the property of the company within Great Britain.
(3) In the application of section 9(5) of the 1986 Act by virtue of subsection (4) of section 221 above or subsection (3) of section 222 above where the petition mentioned in the subsection in question relates to a company which is a foreign company, the reference to restricting the exercise of any powers of the directors or of the company shall be taken as a reference to restricting—
(a) the exercise within Great Britain of the powers of the directors or of the company; or
(b) any exercise of those powers so far as relating to the affairs, business or property of the company in Great Britain.
(4) In the application of provisions in section 10 of the 1986 Act by virtue of subsection (5) of section 221 above where the company mentioned in that subsection is a foreign company—
(a) paragraph (a) of subsection (1) shall be omitted;
(b) any reference in paragraph (b) or (c) of that subsection to property or goods shall be taken as a reference to property or (as the case may be) goods for the time being situated within Great Britain;
(c) in paragraph (c) of that subsection—
(i) the reference to the commencement or continuation of proceedings shall be taken as a reference to the commencement or continuation of proceedings in Great Britain; and
(ii) the reference to the levying of distress against the company shall be taken as a reference to the levying of distress against the foreign company to the extent of its property in England and Wales; and
(d) any reference in subsection (2) to an administrative receiver shall be taken to include a reference to any person performing, in relation to the foreign company, functions equivalent to those of an administrative receiver, within the meaning of section 251 of the 1986 Act.
(5) Subsections (1) to (4) of section 223 above shall not have effect in relation to a PPP company which is a foreign company.
(6) In the application of subsection (7) of that section where the PPP company there mentioned is a foreign company, the reference to the company’s property shall be taken as a reference to such of its property as is for the time being situated in Great Britain.
(7) In this section—
the 1986 Act means the Insolvency Act 1986;
foreign company means a company incorporated outside Great Britain;
the PPP administration order provisions of this Act means sections 220 to 223 above, this section and Schedules 14 and 15 to this Act.
(1) The Secretary of State may appoint a person to an office to be known as the Public-Private Partnership Agreement Arbiter (in this Chapter referred to as the PPP arbiter).
(2) The PPP arbiter shall have the functions conferred or imposed on him by or under this Act.
(3) The PPP arbiter shall be a corporation sole by the name of the Public-Private Partnership Agreement Arbiter.
(4) If at any time no person holds the office of PPP arbiter, the Secretary of State shall appoint a person to that office if requested in writing to do so by a party to a PPP agreement.
(5) A request under subsection (4) above must not include a request for a particular person to be appointed.
(6) Before making an appointment under subsection (1) or (4) above, the Secretary of State shall consult such persons as he considers appropriate concerning—
(a) the person to be appointed; and
(b) the terms of the appointment.
(7) The office of PPP arbiter may not be held by—
(a) the Mayor;
(b) an Assembly member;
(c) the Authority or a member of staff of the Authority;
(d) Transport for London or a subsidiary of Transport for London;
(e) a member of Transport for London or a director of a subsidiary of Transport for London;
(f) a member of staff of Transport for London or of a subsidiary of Transport for London; or
(g) a director or employee of a PPP company or of a subsidiary of a PPP company or of a company of which a PPP company is a subsidiary.
(1) A person appointed to be the PPP arbiter shall be appointed for such term as may be specified or described in the instrument appointing him and shall hold and vacate office as the PPP arbiter in accordance with the terms of his appointment.
(2) There shall be paid to the PPP arbiter such remuneration, and such travelling and other allowances, as the Secretary of State may determine.
(3) There shall be paid such pension, allowance or gratuity to or in respect of the PPP arbiter, or such contributions or payments towards provision for such a pension, allowance or gratuity, as the Secretary of State may determine.
(4) A person may resign from office as the PPP arbiter at any time by giving notice to the Secretary of State.
(5) The Secretary of State may remove a person from office as the PPP arbiter—
(a) on the ground of incapacity or misbehaviour; or
(b) where the Secretary of State considers that there has been unreasonable delay in the discharge of the functions of the PPP arbiter.
(1) The PPP arbiter may appoint such staff as he may determine, subject to any restrictions contained in the terms of his appointment.
(2) The staff of the PPP arbiter shall be appointed on such terms and conditions as he shall determine, subject to any restrictions contained in the terms of his appointment.
(3) Any function of the PPP arbiter may be exercised by any member of his staff authorised for the purpose by him or, if there is no person who holds the office of PPP arbiter, by the Secretary of State whether specially or generally.
228 Same person as PPP arbiter and Rail Regulator: duties of staff.
(1) Subsections (2) and (3) shall apply while a member of the Office of Rail and Road holds the office of PPP arbiter.
(2) Where this subsection applies, any member of the Office of Rail and Road’s staff may (in addition to discharging duties of that employment) be required also to discharge duties as if he were a member of the PPP arbiter’s staff of similar status.
(3) Where this subsection applies, any member of the PPP arbiter’s staff may (in addition to discharging duties of that employment) be required also to discharge duties as if he were a member of the Office of Rail and Road’s staff of similar status.
(4) Subsections (2) and (3) above apply notwithstanding anything in the terms or conditions of employment of the member of staff concerned.
(1) A PPP agreement may provide for matters of any description specified in the agreement to be referred to the PPP arbiter.
(2) A party to a PPP agreement may refer to the PPP arbiter for direction any matter of a description specified in a provision of that agreement by virtue of subsection (1) above.
(3) Where a matter is referred under this section to the PPP arbiter for direction he—
(a) shall give a direction in relation to that matter; and
(b) may give a direction in relation to any other matter which is ancillary or incidental to the matter referred.
(4) The directions that may be given under subsection (3) above include directions relating to the inclusion of new terms in, or the variation of existing terms of, the PPP agreement in question.
(5) The PPP arbiter shall give notice of any direction under subsection (3) above to the parties to the PPP agreement in question.
(6) A direction under subsection (3) above shall be final and binding—
(a) on the parties to the PPP agreement in question, and
(b) on any persons claiming through or under those parties,
and shall, if and to the extent that the notice given under subsection (5) above so provides, take effect as a term of the PPP agreement.
(7) Where a direction has been given under subsection (3) above, the parties to the PPP agreement in question may jointly agree that subsection (6) above is not to have effect in relation to that direction.
(1) Any matter relating to a PPP agreement may be referred to the PPP arbiter for consideration by him—
(a) by all the parties to the PPP agreement acting jointly, if they so agree; or
(b) by any party to the PPP agreement.
(2) Where a matter is referred by virtue of subsection (1) above to the PPP arbiter for consideration he shall consider the matter and—
(a) if the matter was referred under paragraph (a) of that subsection, shall give to the parties who referred the matter such guidance as he considers appropriate; or
(b) if the matter was referred under paragraph (b) of that subsection, may give to the parties to the PPP agreement such guidance as he considers appropriate.
(3) The guidance which may be given by the PPP arbiter by virtue of subsection (2) above includes guidance about any matter which he considers relevant to the PPP agreement in question.
(4) Where the PPP arbiter has given any guidance under this section in relation to a matter which is subsequently referred to him for direction under subsection (3) of section 229 above, the direction which may be given by the PPP arbiter under that subsection is not restricted by that guidance.
(1) In giving in relation to a PPP agreement—
(a) any direction under section 229(3) above, or
(b) any guidance under section 230(2) above,
the PPP arbiter shall act in the way he considers best calculated to achieve the objectives specified in subsections (2) to (5) below.
(2) The objective specified in this subsection is to ensure that an opportunity to review and amend the requirements imposed, or proposed to be imposed, on a PPP company by or under the PPP agreement in question is afforded to the appropriate relevant body if, in the opinion of the PPP arbiter, the proper price for the performance of those requirements exceeds the resources which that relevant body has notified to the PPP arbiter that it has, or expects to have, available for the purpose.
In this subsection appropriate relevant body means a relevant body which is a party to the PPP agreement and is to pay the price under the agreement.
(3) The objective specified in this subsection is to promote efficiency and economy—
(a) in the provision, construction, renewal, or improvement, as the case may be, and
(b) in the maintenance,
of the railway infrastructure to which the PPP agreement in question relates.
(4) The objective specified in this subsection is to ensure that any rate of return incorporated in the PPP agreement in question would, in the opinion of the PPP arbiter,—
(a) taking into account such matters as may be specified in the PPP agreement, and
(b) leaving out of account such other matters as may be so specified,
be earned by a company which is efficient and economic in its performance of the requirements imposed on the PPP company by or under the PPP agreement.
(5) The objective specified in this subsection is to enable any PPP company which is a party to the PPP agreement in question to plan the future performance of the agreement with reasonable certainty.
(6) In giving any such direction or guidance as is mentioned in subsection (1) above the PPP arbiter is to take account of any factors which—
(a) are notified to him by the parties to the PPP agreement in question, acting jointly, as factors to which he must have regard when giving the direction or guidance in question, or
(b) are factors specified or described in the PPP agreement in question as factors to which the PPP arbiter must have regard in giving any direction under section 229(3) above or any guidance under section 230(2) above.
(7) For the purposes of subsection (4) above, a rate of return is incorporated in a PPP agreement if, and only if, the PPP agreement—
(a) contains provision specifying, or for determining, the rate of return which the PPP company in question might reasonably expect to earn; and
(b) states that subsection (4) above is to have effect in relation to that provision.
(8) In this section railway infrastructure means the railway or proposed railway in question and includes a reference to any stations, rolling stock or depots used or to be used in connection with that railway.
(1) For the purposes of the proper discharge of the functions conferred or imposed on him by or under this Act, the PPP arbiter may—
(a) carry out inspections of such of the railway infrastructure or equipment belonging to, or under the control of, any party to a PPP agreement as he considers appropriate;
(b) consult such bodies or persons as he considers appropriate in relation to any direction or guidance given or proposed to be given by him;
(c) do all such things as he considers appropriate for or in connection with the giving of a direction under section 229(3) above or guidance under section 230(2) above; and
(d) do such other things as he considers necessary or expedient.
(2) The powers conferred on the PPP arbiter by this section and section 233 below are exercisable for purposes preparatory or ancillary to the giving of directions or guidance under this Chapter generally and notwithstanding that there is no matter in relation to which a direction under section 229(3) above, or guidance under section 230(2) above, is required.
(3) In this section railway infrastructure has the same meaning as in section 231 above.
(1) Any person falling within subsection (2) below shall, at the request of the PPP arbiter, provide him with such information as the PPP arbiter considers relevant to the proper discharge of the functions conferred or imposed on him by or under this Act and as may be specified or described in the request.
(2) The persons who fall within this subsection are—
(a) any party to a PPP agreement;
(b) any associate of a party to a PPP agreement; and
(c) any PPP related third party.
(3) The information shall be provided in such form and manner, and within such time, as may be specified in the request.
(4) A person is not obliged by virtue of this section to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.
(5) For the purposes of subsection (2)(b) above, associate, in relation to a party to a PPP agreement, means—
(a) a parent undertaking of that party;
(b) a subsidiary undertaking of any parent undertaking of that party;
(c) a subsidiary undertaking of that party; or
(d) an undertaking in which that party, or any undertaking falling within paragraphs (a) to (c) above, has a participating interest.
(6) For the purposes of subsection (5) above—
parent undertaking and subsidiary undertaking shall be construed in accordance with section 1162 of the Companies Act 2006 ;
undertaking has the meaning given by section 1161(1) of that Act; and
participating interest has the meaning given by section 421A of the Financial Services and Markets Act 2000 .
234 Failure to provide information to PPP arbiter.
(1) If a person fails to comply with a request under section 233(1) above, the PPP arbiter may serve a notice on that person requiring him—
(a) to produce to the PPP arbiter, at a time and place specified in the notice, any documents which are specified or described in the notice and are in his custody or under his control; or
(b) to provide to the PPP arbiter, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice.
(2) No person shall be required under this section—
(a) to produce any documents which he could not be compelled to produce in civil proceedings in the court; or
(b) in complying with any requirement for the provision of information, to provide any information which he could not be compelled to give in evidence in any such proceedings.
(3) A person who intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under subsection (1) above is guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to a fine.
(4) If a person makes default in complying with a notice under subsection (1) above, the court may, on the application of the PPP arbiter, make such order as the court thinks fit for requiring the default to be made good.
(5) Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.
(6) In this section—
(a) any reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and
(b) the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
(7) In this section the court means the High Court.
(1) Subject to the following provisions of this section, no information with respect to any particular business which—
(a) has been obtained by the PPP arbiter under or by virtue of any of the provisions of this Chapter, and
(b) relates to the affairs of any individual or to any particular business,
shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.
(2) Subsection (1) above does not apply to any disclosure of information which is made—
(a) for the purpose of facilitating the carrying out by the Secretary of State, the Mayor of London, Transport for London or the PPP arbiter of any of his or, as the case may be, its functions under this Act;
(b) for the purpose of facilitating the carrying out by the Secretary of State, the Office of Rail and Road, ... the Competition and Markets Authority or the Mayor of any of his or, as the case may be, its functions under the Railways Act 1993 , the Railways Act 2005 , the Railway (Licensing of Railway Undertakings) Regulations 2005 or the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016;
(c) for the purpose of facilitating the carrying out by—
(i) any Minister of the Crown,
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) the Competition and Markets Authority
(iv) the Office of Communications,
(v) the Director General of Gas Supply,
(vi) the Water Services Regulation Authority,
(vii) the Director General of Electricity Supply,
(viii) the Civil Aviation Authority,
(ix) ... or
(x) a local weights and measures authority in Great Britain,
of any of his or, as the case may be, its functions under any of the enactments or instruments specified in subsection (3) below;
(d) for the purpose of enabling or assisting the Secretary of State or the Treasury to exercise any powers conferred by the Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency or for the purpose of enabling or assisting any inspector appointed under the enactments relating to companies to carry out his functions;
(e) for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the Insolvency Act 1986 to carry out its functions as such;
(f) for the purpose of facilitating the carrying out by ... the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;
(fa) for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of any of its functions under any enactment;
(g) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
(k) for the purposes of any civil proceedings brought under or by virtue of this Act or any of the enactments or instruments specified in subsection (3) below; or
(l) in pursuance of an EU obligation.
(3) The enactments and instruments referred to in subsection (2) above are—
(a) the Trade Descriptions Act 1968;
(b) the Fair Trading Act 1973;
(c) the Consumer Credit Act 1974;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) the Estate Agents Act 1979;
(g) the Competition Act 1980;
(h) the Telecommunications Act 1984;
(j) the Airports Act 1986;
(k) the Gas Act 1986;
(l) the Insolvency Act 1986;
(m) the Consumer Protection Act 1987;
(n) the Electricity Act 1989;
(o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(p) the Water Industry Act 1991;
(q) the Water Resources Act 1991;
(r) the Railways Act 1993;
(rr) the Competition Act 1998
(rs) the Enterprise Act 2002;
(rt) the Communications Act 2003;
(rta) the Water Act 2003;
(ru) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(s) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising.
(t) Part 1 of the Civil Aviation Act 2012
(u) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013
(v) the Water Act 2014.
(w) the following provisions of the Digital Markets, Competition and Consumers Act 2024—
(i) Part 3;
(ii) Chapter 1 of Part 4;
(iii) Chapter 2 of Part 5.
(4) The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such modifications as are specified in the order.
(5) The prohibition imposed by subsection (1) above shall be enforceable by civil proceedings—
(a) by the individual mentioned in that subsection, or
(b) by the person for the time being carrying on the business there mentioned,
for an injunction or for any other appropriate relief or remedy.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The PPP arbiter is not liable for anything done or omitted in the discharge or purported discharge of his functions as the PPP arbiter unless the act or omission is shown to have been in bad faith.
(2) Subsection (1) above applies to a member of the staff of, or an agent of, the PPP arbiter as it applies to the PPP arbiter.
(1) The following expenses, namely—
(a) any sums payable by virtue of section 226(2) or (3) above, and
(b) any expenses duly incurred by the PPP arbiter or by any staff of the PPP arbiter,
shall be defrayed by the Secretary of State.
(2) A relevant body which is a party to a PPP agreement shall pay to the Secretary of State, at such times as he may direct, such sums as the Secretary of State may determine in respect of expenses defrayed by the Secretary of State under subsection (1) above.
(3) A PPP agreement may provide that sums paid by a relevant body by virtue of subsection (2) above, or any portion of such sums as may be specified or described in the PPP agreement, may be recovered by the relevant body from a PPP company which is a party to the PPP agreement.
(4) Where a PPP agreement includes provision by virtue of subsection (3) above making any sum recoverable by a relevant body, the directions which may be given under section 229(3) above include directions varying the amount so recoverable.
(5) Sums received by the Secretary of State by virtue of this section shall be paid into the Consolidated Fund.
Where, by virtue of a PPP agreement, statutory functions relating to a railway are exercisable by a PPP company, the PPP company shall, as respects any matter arising from the carrying out of the subject-matter of the PPP agreement, be taken to be authorised by an enactment to carry on a railway undertaking.
(1) In this Chapter, unless the context otherwise requires—
key system assets has the meaning given by section 213(1) above;
locomotive means any railway vehicle which has the capacity for self-propulsion (whether or not the power by which it operates is derived from a source external to the vehicle);
PPP agreement has the meaning given by section 210 above;
PPP arbiter shall be construed in accordance with section 225(1) above;
PPP company shall be construed in accordance with section 210(5) above;
PPP designation shall be construed in accordance with section 212(1) above;
PPP lease has the meaning given by section 218 above;
PPP related third party shall be construed in accordance with section 215(2)(b) above;
PPP related third party agreement means any arrangements falling within section 215(2)(b) above;
premises includes any land, building or structure;
public sector operator has the meaning given by section 211 above;
railway has the meaning given in section 67(1) of the Transport and Works Act 1992;
railway vehicle includes anything which, whether or not it is constructed or adapted to carry any person or load, is constructed or adapted to run on flanged wheels over or along a railway;
the relevant 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;
relevant body has the meaning given by section 210(2) above (that is to say, London Regional Transport, Transport for London or a subsidiary of London Regional Transport or Transport for London);
rolling stock means any carriage, wagon or other vehicle used on a railway and includes a locomotive;
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;
the transfer date means the date on which London Underground Limited becomes a subsidiary of Transport for London;
vehicle includes a railway vehicle.
(2) Any reference in this Chapter to a railway includes a reference to any stretch of track comprised in a railway.
240 Travel concessions on journeys in and around Greater London.
(1) Subject to subsection (3) below, any local authority, or any two or more local authorities acting jointly, may enter into arrangements with Transport for London under which—
(a) Transport for London grants, or arranges with some other person for that other person to grant, such travel concessions as may be provided for by the arrangements to such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements; and
(b) that local authority reimburses (or, as the case may be, those local authorities in such proportions respectively as they may agree amongst themselves reimburse) the cost incurred in granting those concessions.
(2) Subject to subsection (3) below, any London authority, or any two or more London authorities acting jointly, may enter into, with any independent transport service operator or with the Secretary of State , arrangements under which—
(a) that operator or (as the case may be) the Secretary of State grants such travel concessions as may be provided for by the arrangements to such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements; and
(b) that authority reimburses (or, as the case may be, those authorities in such proportions respectively as they may agree among themselves reimburse) the cost incurred in granting those concessions.
(3) The concessions that may be provided for by any arrangements under subsection (1) or (2) above are concessions on journeys—
(a) between places in Greater London;
(b) between such places and places outside but in the vicinity of Greater London; or
(c) between places outside but in the vicinity of Greater London.
(4) Any arrangements entered into by a local authority under subsection (1) or (2) above may include provision for the performance of functions in connection with the travel concessions in question by the local authority or local authorities concerned.
(5) The persons eligible to receive travel concessions under arrangements made under subsection (1) or (2) above by an authority are
(a) persons appearing to the authority to have their sole or principal residence in the authority's area and to be persons—
(i) who have attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995);
(ii) who are blind;
(iii) who are partially sighted;
(iv) who are profoundly or severely deaf;
(v) who are without speech;
(vi) who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk;
(vii) who do not have arms or have long-term loss of the use of both arms;
(viii) who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning; or
(ix) who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol.; or
(b) persons to whom a current statutory travel concession permit has been issued under section 145A(4) of the Transport Act 2000.
(5A) The Secretary of State may issue guidance to local authorities to which they must have regard in determining whether a person falls within subsection (5)(a)(ii) to (ix) above.
(5B) Before issuing guidance under subsection (5A) above the Secretary of State shall consult—
(a) the Disabled Persons Transport Advisory Committee;
(b) associations representative of local authorities; and
(c) such other persons as he thinks fit.
(5C) The Secretary of State may issue guidance to local authorities to which they must have regard in determining for the purposes of this Chapter whether a person has his sole or principal residence in an authority's area.
(6) In subsection (2) above independent transport service operator means any person, other than a person to whom subsection (7) below applies, operating—
(a) a public service vehicle undertaking (public service vehicle for this purpose having the meaning given by section 1 of the Public Passenger Vehicles Act 1981);
(b) a system using guided transport within the meaning of subsection (1) of section 67 of the Transport and Works Act 1992;
(c) a railway within the meaning of that subsection;
(d) a tramway within the meaning of that subsection;
(e) a trolley vehicle system within the meaning of that subsection; or
(f) an undertaking providing public passenger transport services on the river Thames or a tributary of the river Thames between places in Greater London or between places in Greater London and places outside Greater London.
(7) This subsection applies to—
(a) Transport for London or any of its subsidiaries;
(b) the Secretary of State ; and
(c) any person providing public passenger transport services in pursuance of an 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.
(8) In this Chapter—
. . .
local authority means the council of a county or district and any London authority;
London authority means any London borough council and the Common Council; and
travel concession means the reduction or waiver of a fare or charge either absolutely or subject to terms, limitations or conditions.
(9) For the purposes of this Chapter a reference to an agreement entered into by Transport for London under section 156(2) or (3) above includes a reference to an agreement—
(a) which was entered into by London Regional Transport under section 3(2) or (2A) of the London Regional Transport Act 1984, and
(b) which by virtue of section 300 or 415 below has effect as if made by Transport for London.
(1) If immediately before 1st January in any financial year it appears to Transport for London that there are not for the time being in force arrangements under section 240(1) above for travel concessions ... which—
(a) meet the requirements of section 242 below as to scope,
(b) meet the requirements of section 243 below as to uniformity, and
(c) will apply throughout the next following financial year,
there shall have effect during that next following financial year a scheme (the free travel scheme) for the purpose of ensuring that travel concessions are provided for all eligible England residents and that additional travel concessions are provided for alleligible London residents.
(2) Where individual arrangements under section 240(1) above made between a particular local authority or local authorities and Transport for London apply to certain eligible England residents or certain eligible London residents only, all arrangements so made shall be considered together for the purpose of determining whether the requirements of sections 242 and 243 below are satisfied.
(3) In any financial year during which the free travel scheme has effect it shall be the duty of Transport for London to provide or secure the provision of the travel concessions for eligible England residents and the additional travel concessions for eligible London residents required by the free travel scheme.
(4) In this Chapter—
“eligible England residents” means—
persons to whom a current statutory travel concession permit has been issued under section 145A(4) of the Transport Act 2000, and
eligible London residents;
“eligible London residents” means persons whose sole or principal residence is in Greater London and who are eligible in accordance with section 240(5)(a) above to receive travel concessions under arrangements under subsection (1) of that section.
(5) Schedule 16 to this Act (which makes further provision relating to the free travel scheme) shall have effect.
(1) Arrangements under section 240(1) above for travel concessions ... meet the requirements of this section as to scope if they provide
(a) for the grant of travel concessions to all eligible London residents on journeys falling within subsection (2) below;
(b) for the grant to all eligible England residents of the travel concession specified in subsection (8) below; and
(c) for the grant to all eligible London residents of the additional travel concession specified in subsection (8A) below.
(1A) Paragraphs (b) and (c) of subsection (1) above are not to be taken as restricting the concessions that may be provided to eligible London residents on the London bus network by virtue of paragraph (a) of that subsection.
(2) The journeys referred to in subsection (1)(a) above are journeys of a description falling within section 240(3) above, on the London Local Transport Network.
(3) For the purposes of this Chapter, the London Local Transport Network consists of—
(a) bus services which together make up the London bus network within the meaning of section 181 above;
(b) services using a system of guided transport which are provided by Transport for London or under an agreement entered into by Transport for London under section 156(2) or (3)(a) above or under a transport subsidiary’s agreement;
(c) railway services which are so provided;
(d) tramway services which are so provided; and
(e) services on the river Thames or a tributary of the river Thames which are so provided.
(4) In subsection (3) above guided transport, railway and tramway have the same meanings as in section 240(6) above.
(5) Subsection (1)(a) above does not preclude the imposition of terms, limitations or conditions with respect to the particular journeys falling within subsection (2) above on which travel concessions are available.
(6) Such terms, limitations or conditions may make different provision for different categories of eligible London residents.
(7) In this Chapter a reference to a category of eligible London residents is a reference to a category specified in any one of the sub-paragraphs of section 240(5)(a) above.
(8) The travel concession which must be granted for all eligible England residents is a waiver of the fare for each journey beginning on the London bus network—
(a) at any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971; or
(b) in the period from 9.30 am to 11.00 pm on any other day,
(whether or not the journey ends on that network).
(8A) The additional travel concession which must be granted for all eligible London residents is a waiver of the fare for each journey which is on the London bus network and which begins—
(a) in the period from midnight to 4.30 am; or
(b) in the period from 11.00 pm to midnight,
on any day other than one mentioned in subsection (8)(a) above.
(8B) In subsections (8) and (8A) above “journey” means a journey on one public service vehicle (in one direction); and for this purpose “public service vehicle” has the meaning given by section 1 of the Public Passenger Vehicles Act 1981.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Arrangements under section 240(1) above for travel concessions ... meet the requirements of this section as to uniformity if they—
(a) make the same provision, for all eligible London residents of the same category, with respect to the benefit of any travel concession granted to those residents under the arrangements and the periods during which it is available;
(b) make the enjoyment of the benefit of any travel concession granted under the arrangements conditional on the production, by any person seeking to travel under that concession, of a travel concession permit ...
(i) issued to the person in accordance with the arrangements by the London authority in whose area the person has his sole or principal residence (in the case of an eligible London resident), or
(ii) issued to the person pursuant to section 145A(4) of the Transport Act 2000 (in the case of any other eligible England resident) and;
(c) make the same provision with respect to the period of validity of all travel concession permits issued in accordance with the arrangements to eligible London residents of the same category,
whether or not, in any other respects, the arrangements make different provision for different cases to which they apply.
(2) References in subsection (1) above to the benefit of a travel concession are references to the waiver or reduction of any fare or charge to which the arrangements in question apply, as distinct from any terms, limitations or conditions applicable to that waiver or reduction in accordance with the arrangements.
(3) For the requirements of this section as to uniformity to be met it is sufficient that those requirements are met in relation to each description of services comprising the London Local Transport Network individually.
(4) The reference in subsection (3) above to a description of services is a reference to the descriptions mentioned in paragraphs (a) to (e) of section 242(3) above.
(5) In this Chapter travel concession permit means, in relation to a travel concession granted under or by virtue of this Chapter, a permit in any form (subject to any regulations under subsection (7) below) indicating that the person to whom it is issued is a person entitled in accordance with the provisions of this Chapter to receive the concession in question.
(6) No charge may be made for the issue to an eligible London resident of a travel concession permit relating to the travel concession specified in section 242(8) and (8A) above.
(7) Subject to subsection (1)(c) above, the Secretary of State may by regulations make provision about the form and period of validity of travel concession permits issued by a London authority relating to the travel concession specified in section 242(8) and (8A) above.
(1) If all the London authorities enter into arrangements under section 101(5) of the Local Government Act 1972 for the joint discharge of their functions under—
(a) subsection (1) of section 240 above, or
(b) subsection (2) of that section, or
(c) sections 148 to 150 of the Transport Act 2000 (enforcement and reimbursement of mandatory concession for journeys not beginning on the London bus network),
and the arrangements so provide, then this section shall apply.
(2) The arrangements shall have effect for such period as may be specified in the arrangements or until otherwise terminated by the unanimous decision of the London authorities.
(3) The arrangements must provide for the function to be discharged only by a joint committee under section 101(5)(a) of the Local Government Act 1972.
(4) The joint committee must consist of one member of each London authority.
(5) Decisions of the joint committee must be unanimous decisions of those present and voting.
(6) Subsection (5) above is subject to a resolution of the joint committee, passed unanimously by those present and voting, that—
(a) decisions of a kind specified in the resolution, or
(b) decisions generally,
may be made by such majority of those present and voting as may be specified in the resolution.
(7) The majority specified in a resolution under subsection (6) above must be not less than two-thirds of the members of the joint committee.
(8) In consequence of the preceding provisions of this section—
(a) section 102 of the Local Government Act 1972 (appointment of committees) has effect in relation to the joint committee subject to those provisions; and
(b) paragraph 39(1) of Schedule 12 to that Act (questions to be decided by simple majority), as applied to a joint committee by paragraph 44(1) of that Schedule, does not have effect in relation to the joint committee.
244A Power to make byelaws for London local services
(1) Transport for London may make byelaws regulating one or more of the following—
(a) travel on London local services;
(b) the maintenance of order on London local services;
(c) the conduct of persons while travelling on London local services.
(2) The byelaws may, in particular, make provision—
(a) with respect to tickets and other things (whether in physical or electronic form) which authorise a person to enter and travel on London local services;
(b) with respect to the evasion of payment of fares or other charges;
(c) with respect to interference with, or obstruction of, London local services;
(d) prohibiting vaping by persons on London local services;
(e) with respect to the prevention of nuisance.
(3) The byelaws may provide that a person contravening them is guilty of an offence and liable, on summary conviction, to a fine not exceeding—
(a) level 3 on the standard scale, or
(b) such lower level or lower amount as is specified in the byelaws.
(1) An authorised person may—
(a) issue a fixed penalty notice (see section 244C) to anyone who that person has reason to believe has committed—
(i) a bus byelaws offence,
(ii) a premises byelaws offence, or
(iii) an offence under this section;
(b) require a person whom the authorised person reasonably suspects of committing or attempting to commit a bus byelaws offence to do one or both of the following—
(i) to give their name and address;
(ii) to leave any vehicle in relation to which the byelaws under section 244A apply.
(2) An authorised person may use reasonable force to remove a person who has failed to comply with a requirement under subsection (1)(b)(ii).
(3) A person who fails to comply with a requirement under subsection (1)(b) commits an offence and is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(4) The Secretary of State may issue guidance about the exercise of functions under this section and section 244C, and Transport for London and authorised persons must have regard to the guidance when exercising those functions.
(5) The Secretary of State may at any time vary or revoke guidance issued under subsection (4).
(6) The Secretary of State must publish—
(a) guidance issued under subsection (4), and
(b) any variation or revocation of the guidance.
(7) In this section—
“authorised person” means a person authorised for the purposes of this section by Transport for London;
“bus byelaws offence” means an offence under byelaws made under section 244A;
“premises byelaws offence” means an offence under byelaws made under section 25 of the London Transport Act 1969 committed on premises used by a London local service.
(1) A fixed penalty notice issued under section 244B is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to Transport for London.
(2) Where a person is issued with a fixed penalty notice in respect of an offence—
(a) no proceedings may be taken for the offence before the end of the period of 14 days following the date of the notice;
(b) the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.
(3) A fixed penalty notice must—
(a) give reasonably detailed particulars of the circumstances alleged to constitute the offence;
(b) state the period during which (because of subsection (2)(a)) proceedings will not be taken for the offence;
(c) specify the amount of the fixed penalty;
(d) state the name and address of the person to whom the fixed penalty may be paid;
(e) specify permissible methods of payment.
(4) An amount specified under subsection (3)(c) must not be more than £100.
(5) A fixed penalty notice may specify two amounts under subsection (3)(c) and specify that, if the lower of those amounts is paid within a specified period (of less than 14 days), that is the amount of the fixed penalty.
(6) Whatever other method may be specified under subsection (3)(e), payment of the fixed penalty may be made by pre-paying and posting to the person whose name and address is stated under subsection (3)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).
(7) Where a letter is sent as mentioned in subsection (6), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(8) In any proceedings, a certificate that—
(a) purports to be signed by or on behalf of the person with responsibility for the financial affairs of Transport for London, and
(b) states that payment of the fixed penalty was, or was not, received by the date specified in the certificate,
is evidence of the facts stated.
246 Abolition of the London Regional Passengers’ Committee.
(1) Section 40 of the London Regional Transport Act 1984 (which established the London Regional Passengers’ Committee) shall cease to have effect.
(2) Any appointment to the London Regional Passengers’ Committee in pursuance of that section shall cease to have effect.
(1) There shall be a body corporate to be known as the London Transport Users’ Committee, referred to in this Chapter as the Committee.
(2) The Committee shall consist of—
(a) a Chairman, and
(b) not more than twenty-four other members,
appointed by the Assembly after consultation with the Secretary of State .
(3) In appointing members under subsection (2) above, the Assembly shall have regard to the desirability of ensuring that the members of the Committee between them represent the interests of—
(a) those who use passenger transport facilities and services in Greater London, and
(b) those who use rail passenger transport facilities and services in the area for which the Committee fell, immediately before the repeal of section 2 of the Railways Act 1993 (Rail Passengers' Committees), to be treated as the Rail Passengers' Committee for the purposes specified in subsection (4) of that section .
(4) A person may not be appointed under subsection (2) above if he is—
(a) an Assembly member,
(b) a member of Transport for London,
(c) a member of staff of Transport for London, or
(d) a member of staff of the Authority.
(5) If, at any time after he is appointed, a member of the Committee becomes a person within subsection (4)(a) to (d) above, he shall cease to be a member of the Committee.
(6) The Assembly may designate one or more members of the Committee to be deputy chairman or (as the case may be) deputy chairmen of the Committee.
(7) Schedule 18 to this Act shall have effect with respect to the Committee.
(1) The Committee shall consider and, where it appears to the Committee to be desirable, make recommendations with respect to, any matter—
(a) affecting the functions of the Authority or Transport for London which relate to transport, and
(b) falling within subsection (3) below, other than a matter relating to the transportation of freight.
(2) The matters falling within subsection (1)(a) above include in particular any matter relating to—
(a) services or facilities provided by Transport for London or any of its subsidiaries,
(b) services or facilities provided in pursuance of an agreement entered into by Transport for London or in pursuance of a transport subsidiary’s agreement,
(c) services or facilities otherwise authorised by Transport for London to be provided,
(d) a hackney carriage or a person licensed to be the driver of a hackney carriage, or
(e) a private hire vehicle or a person who holds a private hire vehicle driver’s licence or a private hire vehicle operator’s licence.
(3) A matter falls within this subsection—
(a) if it has been the subject of representations (other than representations appearing to the Committee to be frivolous) made to the Committee by or on behalf of users of—
(i) any of the services or facilities mentioned in subsection (2) above, or
(ii) hackney carriages or private hire vehicles,
(b) if it has been referred to the Committee by Transport for London or the Authority, or
(c) if it otherwise appears to the Committee to be a matter to which consideration ought to be given.
(4) Where a representation is made to the Committee in respect of a matter relating to a highway for which Transport for London is the highway authority and the traffic authority, the Committee shall in making any recommendation under subsection (1) above consider the interests of all those who use the highway for the purposes of passenger transport, including cyclists and pedestrians.
(5) Where a representation is made to the Committee about a matter—
(a) which relates to passenger transport by land or water in Greater London, but
(b) which is not a matter the Committee must consider by virtue of subsection (1) above,
the Committee shall refer the matter to the person whom the Committee considers the most appropriate to consider the matter.
(6) Where a representation is made to the Committee about a matter falling within subsection (2)(d) or (e) above and the matter relates to—
(a) any contravention of, or failure to comply with, any rule of law, or
(b) any breach of condition of a licence which has been granted by Transport for London,
the Committee shall refer the matter to Transport for London and shall notify the person who made the representation of the referral.
(7) Where the Committee refers a matter under subsection (5) above, the Committee shall inform the person who made the representation of the name of the body or person to whom the matter has been referred.
(8) In this section—
hackney carriage means a vehicle licensed under section 6 of the Metropolitan Public Carriage Act 1869;
person licensed to be the driver of a hackney carriage means a person licensed under section 8 of the Metropolitan Public Carriage Act 1869 or section 8 of the London Hackney Carriages Act 1843;
private hire vehicle means a vehicle for which a private hire vehicle licence for London is in force under section 7 of the Private Hire Vehicles (London) Act 1998;
private hire vehicle driver’s licence means a licence granted under section 13 of that Act;
private hire vehicle operator’s licence means a licence granted under section 3 of that Act.
249 Voluntary arrangements with transport providers.
(1) The Committee may enter into arrangements with any person providing public passenger transport services or facilities in Greater London under which the Committee may consider any matter—
(a) which relates to such transport services or facilities provided by that person, but
(b) which is not a matter falling within section 248(1) above.
(2) Arrangements under subsection (1) above shall be on such terms as may be agreed by the parties but may in particular include provision for the person with whom the Committee enters into the arrangements to make such payments by way of reimbursement of costs incurred by the Committee under the arrangements as the arrangements may specify.
(3) Arrangements under this section may be entered into by the Committee only with the consent of the Assembly.
(1) Copies of the minutes, conclusions and recommendations of the Committee with respect to any matter shall be sent—
(a) to the Assembly,
(b) to the Mayor, and
(c) to Transport for London.
(2) The Committee shall make an annual report to the Assembly and the Secretary of State .
(3) Where the Assembly, the Mayor or Transport for London reach a decision with respect to matters dealt with in any recommendation received under subsection (1) above, the decision shall be notified to the Committee.
(1) The Assembly may issue to the Committee—
(a) guidance as to the manner in which they are to exercise their functions, or
(b) general directions as to the manner in which they are to exercise their functions.
(2) The Committee shall exercise their functions in accordance with such guidance or directions as may be issued by the Assembly under subsection (1) above.
(3) Any guidance or directions issued under subsection (1) above must be issued in writing and notified to such officer of the Committee as the Committee may from time to time nominate to the Assembly for the purpose.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Schedule 19 to this Act (which contains amendments of enactments relating to the London Regional Passengers’ Committee in consequence of the substitution for that committee of the London Transport Users’ Committee) shall have effect.
252A Committee to keep railways matters under review
(1) It shall be the duty of the Committee, so far as it appears to it expedient from time to time to do so—
(a) to keep under review matters affecting the interests of the public in relation to railway passenger services provided wholly or partly within the London railway area;
(b) to keep under review matters affecting the provision of station services within that area;
(c) to make representations to, and to consult, such persons as it thinks appropriate about the matters mentioned in paragraphs (a) and (b); and
(d) to co-operate with other bodies representing the interests of users of public passenger transport services provided wholly or partly within that area.
(2) In this section—
(a) references to the London railway area are references to the area for which the Committee fell, immediately before the repeal of section 2 of the Railways Act 1993 (Rail Passengers' Committees), to be treated as the Rail Passengers' Committee for the purposes specified in subsection (4) of that section;
(b) references to railway passenger services include references to bus substitution services; and
(c) subject to that, expressions used in this section and in Part 1 of the Railways Act 1993 have the same meanings in this section as in that Part.
252B References to Committee in relation to railways
(1) It shall be the duty of the Committee to investigate any matter relating to a relevant railway matter if—
(a) it is the subject of a representation made to the Committee by a user or potential user of railway passenger services;
(b) it is referred to the Committee by the Secretary of State, the Office of Rail and Road, the Passengers’ Council, the London Assembly or Transport for London; or
(c) it appears to the Committee that it is a matter that it ought to investigate.
(2) A matter is a relevant railway matter for the purposes of subsection (1) if it relates to—
(a) the provision of railway passenger services wholly or partly within the London railway area; or
(b) the provision of station services within that area in a case in which the operator of the station is authorised by a licence under Part 1 of the Railways Act 1993.
(3) The Secretary of State may also refer the following matters to the Committee for the purpose only of requiring the Committee to prepare a report on them—
(a) matters relating to the quality of railway passenger services provided wholly or partly within the London railway area; and
(b) matters relating to the quality of station services provided in that area.
(4) The Committee must also assist the Secretary of State, to such extent and in such manner as he may require, in ascertaining whether the franchise operator in the case of a particular franchise agreement is attaining the standards set for the provision of the franchised services.
(5) The Committee is not required to investigate a matter in a case falling within subsection (1)(a) if it appears to the Committee that the representation is frivolous or vexatious.
(6) Subsection (2) of section 252A applies for the purposes of this section as it applies for the purposes of that section.
(1) On investigating a matter under section 252B the Committee must, if it considers it appropriate to do so—
(a) in every case, make appropriate representations to the person providing the service;
(b) in the case of a service provided under a franchise agreement by a person other than the franchisee, make appropriate representations to the franchisee; and
(c) in the case of a secured service (within the meaning of Part 4 of the Railways Act 2005), make appropriate representations to the Secretary of State.
(2) In subsection (1) “appropriate representations” means representations about—
(a) any matter appearing to the Committee to be relevant to the subject-matter of the investigation; and
(b) any other matter to which a matter so appearing relates.
(3) Subject to subsection (4), where the Committee—
(a) having made representations under subsection (1), is of the opinion that it is unable to obtain a satisfactory resolution by that means,
(b) on investigating a matter, has reason for believing that the holder of a licence under Part 1 of the Railways Act 1993 is contravening a condition of the licence, or is likely to do so, or
(c) on investigating a matter, has reason for believing that a franchisee in relation to a franchise agreement is contravening the provisions of the agreement, or is likely to do so,
the Committee must refer the matter to the Secretary of State (or if he referred it to the Committee, back to him) with a view to his exercising such of his powers as he considers appropriate in the circumstances of the case.
(4) Subsection (3) does not apply in a case where representations under subsection (2) have been made to the Secretary of State.
(5) If the Secretary of State considers that it would be more appropriate for a matter referred to him by the Committee under subsection (3) to be referred to the Office of Rail and Road, he must—
(a) refer it to that Office, or
(b) if it was referred to the Committee by that Office, refer it back to that Office,
with a view to that Office exercising such of its powers as it considers appropriate in the circumstances of the case.
(6) The Committee must not—
(a) include a proposal for the taking of any steps in representations made by it under this section, or
(b) make a reference under this section to the Secretary of State by reason only of the failure of a person to take any steps,
unless the test in subsection (7) is satisfied.
(7) That test is satisfied if, on the basis of the information available to the Committee, it considers that, balancing each of the following against the other—
(a) the costs of taking the steps, and
(b) the benefits that will be enjoyed by persons in consequence of the taking of those steps,
the expenditure involved represents good value for money.
(8) In this section “franchise agreement” and “franchisee” have the same meanings as in Part 1 of the Railways Act 1993.
(1) Where the Committee investigates a matter under section 252B—
(a) it may prepare a report of its findings; and
(b) it must do so if required to do so by the Secretary of State in relation to any matter falling within section 252B(3) that was referred to it by him for the purposes of that requirement.
(2) The Committee must not include a proposal for the taking of any steps in a report prepared by it under this section unless, on the basis of the information available to it, it considers that, balancing each of the following against the other—
(a) the costs of taking those steps, and
(b) the benefits that will be enjoyed by persons in consequence of the taking of those steps,
the expenditure involved represents good value for money.
(3) The Committee—
(a) must send a copy of every report prepared under this section to the Passengers’ Council; and
(b) may publish the report;
but the Committee may publish a report relating to findings on a matter referred to the Committee by the Secretary of State only if required to do so by him under this section.
(4) Where—
(a) the Committee prepares a report relating to a matter referred to it by the Secretary of State, but
(b) the report is not a report that the Secretary of State has required under subsection (1)(b),
the Committee must publish the report if it is required to do so by him.
(5) The Secretary of State may arrange for the publication of any report by the Committee the preparation of which he has required under subsection (1)(b).
(6) The publication of a report by the Committee or the Secretary of State may be in any manner that the Committee or (as the case may be) the Secretary of State thinks appropriate.
(7) References in this section to a matter referred to the Committee by the Secretary of State include references to a matter in relation to which he has required the Committee's assistance under section 252B(4).
252E Power to make exclusions from duties under sections 252A to 252D
(1) The Secretary of State may by order—
(a) exclude services from one or more of the duties imposed by sections 252A to 252D;
(b) provide that one or more of those duties applies to services of a particular class or description, particular services or services provided by a particular person only to such extent as is specified in the order; or
(c) provide that one or more of those duties applies with specified modifications in the case of services of a particular class or description, particular services or services provided by a particular person.
(2) Before making an order under this section the Secretary of State must consult the Committee and the Passengers’ Council.
(3) The power to make exclusions by an order under this section includes—
(a) power to exclude services of a particular class or description, particular services or services provided by a particular person; and
(b) power to provide that services are excluded subject to compliance with specified conditions.
(4) An order under this section may not revoke an exclusion except—
(a) for breach of a condition; or
(b) in accordance with the order that made it.
(1) Except as provided by the following provisions of this section, the functions of the Secretary of State under the Private Hire Vehicles (London) Act 1998 are transferred by this subsection to Transport for London.
(2) Subsection (1) above does not apply to any functions of the Secretary of State under section 37, 38 or 40 of that Act (transitional provisions, financial provisions and commencement etc).
(3) Schedule 21 to this Act (which makes amendments to the Private Hire Vehicles (London) Act 1998 in consequence of subsections (1) and (2) above) shall have effect.
(4) Any regulations made, licence issued, authorisation granted, or other thing done under the Private Hire Vehicles (London) Act 1998, other than section 37, 38 or 40, by or in relation to the Secretary of State before the coming into force of this section shall have effect as from the coming into force of this section as made, issued, granted or done by or in relation to Transport for London.
255 Provisions consequent on alteration of metropolitan police district.
(1) Where, by virtue of the coming into force of section 323 below, the whole or any part of the area of a district council ceases to be within the metropolitan police district, the following provisions of this section shall have effect.
(2) The provisions of the Town Police Clauses Act 1847 with respect to hackney carriages, as incorporated in the Public Health Act 1875, shall apply throughout the council’s area.
(3) The council’s area shall constitute a single licensing area for the purposes of those provisions, without the passing of any resolution under Part II of Schedule 14 to the Local Government Act 1972 (extension resolutions).
(4) The provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 (hackney carriages and private hire vehicles) shall also apply throughout the council’s area, without the passing of any resolution under section 45 of that Act (application of Part II).
(5) Where an order is made under section 425 below bringing section 323 below into force, the provision that may be made by virtue of section 420 or 425 below includes provision enabling or facilitating—
(a) the making of byelaws,
(b) the issuing of licences, discs or plates, and
(c) the establishment and operation of a licensing system,
in relation to hackney carriages or private hire vehicles by a district council falling within subsection (1) above in preparation for the coming into force of this section.
(6) The provision that may be made by virtue of subsection (5) above includes provision for the application of any enactment with or without modification.
(7) Subsections (5) and (6) above are without prejudice to the provision that may be made by virtue of sections 420 and 425 below.