Greater London Authority Bill — Interpretation of Chapter XIV — 5 May 1999

It being after Nine o'clock, Mr. Deputy Speaker proceeded to put forthwith the Questions necessary for the disposal of the business to be concluded at that hour.

Amendments made: No. 140, in page 233, line 31, at end insert--

'(1A) Any charge imposed by a charging scheme in respect of the keeping of a motor vehicle on a road in a charging area must also have effect in respect of the use of the motor vehicle in that charging area.'.

No. 141, in page 235, line 5, leave out 'four' and insert 'ten'.

No. 142, in page 238, line 23, at end insert--

'4 year programmes: amendment, replacement and voluntary statements

23A.--(1) Where a statement has been prepared and approved under paragraph 20 or 22 above, the authority which prepared the statement may--

(a) amend the statement, or

(b) replace it with another statement (a "replacement statement"),

but subject to the following provisions of this paragraph.

(2) Subject to the following provisions of this paragraph, where a charging scheme is in force--

(a) the charging authority may prepare a statement such as is described in paragraph 20(1) above, and

(b) if the charging scheme is one to which paragraph 21 above applies, the Authority may prepare a statement such as is described in paragraph 22(2) above,

at any time before the beginning of the first financial year for which a statement under paragraph 20 or, as the case may be, paragraph 22 above is required to be prepared in respect of the scheme.

(3) For the purposes of this paragraph--

(a) a "voluntary statement" is a statement prepared under sub-paragraph (2)(a) or (b) above,

(b) a statement prepared under sub-paragraph (2)(a) above shall be treated as a statement prepared under paragraph 20 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, and

(c) a statement prepared under sub-paragraph (2)(b) above shall be treated as a statement prepared under paragraph 22 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph,

and references to statements under paragraph 20 or 22 above shall be construed accordingly.

(4) The power conferred by sub-paragraph (1)(b) or (2) above is exercisable--

(a) in the case of a statement under paragraph 20 above in respect of a borough scheme, during the period of six months beginning with the day on which a change of control of the London borough council concerned occurs; or

(b) in any other case, during the period of six months beginning with the term of office of any person returned as the Mayor at an ordinary election or at an election under section 16 of this Act.

(5) Where, in exercise of the powers conferred by this paragraph, an authority proposes--

(a) to amend or replace a statement prepared and approved under paragraph 20 or 22 above, or

(b) to prepare a voluntary statement,

sub-paragraph (6) below applies.

(6) Where this sub-paragraph applies, the amendment, replacement statement or voluntary statement must be submitted for approval--

(a) to the Secretary of State; and

(b) if the statement concerned or affected is one prepared in respect of a borough scheme by the charging authority, to the Authority.

(7) Where sub-paragraph (6)(b) above applies, any submission to the Secretary of State under sub-paragraph (6)(a) above may only be made--

(a) by the Authority acting on behalf of the charging authority concerned; and

(b) after the giving by the Authority of the approval required by sub-paragraph (6)(b) above.

(8) Where a statement prepared and approved under paragraph 20 or 22 above is amended in accordance with this paragraph, the statement shall continue to be regarded for the purposes of this Schedule as a statement so prepared and approved, notwithstanding the amendment.

(9) A replacement statement or a voluntary statement must relate to the four financial years beginning with the financial year in which it takes effect (disregarding so much of that year as has expired before the statement takes effect).

(10) A replacement statement or voluntary statement prepared and approved under this paragraph shall be taken for the purposes of this Schedule to be a statement prepared and approved--

(a) under paragraph 20 above, if it was prepared in respect of a charging scheme by the charging authority; or

(b) under paragraph 22 above, if it was prepared by the Authority.

(11) Where a voluntary statement or replacement statement prepared by an authority takes effect, the time at which any subsequent statement is required to be prepared by that authority by virtue of paragraph 20 or 22 above in respect of the charging scheme in question shall be determined as if the financial year preceding that in which the replacement statement or voluntary statement takes effect had been such a fourth year as is mentioned in sub-paragraph (1) of that paragraph.'.-- [Mr. Dowd.]

Amendments made: No. 143, in page 246, line 48, leave out 'four' and insert 'ten'.

No. 144, in page 250, line 17, at end insert--

'4 year programmes: amendment, replacement and voluntary statements

29A.--(1) Where a statement has been prepared and approved under paragraph 26 or 28 above, the authority which prepared the statement may--

(a) amend the statement, or

(b) replace it with another statement (a "replacement statement"),

but subject to the following provisions of this paragraph.

(2) Subject to the following provisions of this paragraph, where a licensing scheme is in force--

(a) the licensing authority may prepare a statement such as is described in paragraph 26(1) above, and

(b) if the licensing scheme is one to which paragraph 27 above applies, the Authority may prepare a statement such as is described in paragraph 28(2) above,

at any time before the beginning of the first financial year for which a statement under paragraph 26 or, as the case may be, paragraph 28 above is required to be prepared in respect of the scheme.

(3) For the purposes of this paragraph--

(a) a "voluntary statement" is a statement prepared under sub-paragraph (2)(a) or (b) above,

(b) a statement prepared under sub-paragraph (2)(a) above shall be treated as a statement prepared under paragraph 26 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, and

(c) a statement prepared under sub-paragraph (2)(b) above shall be treated as a statement prepared under paragraph 28 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph,

and references to statements under paragraph 26 or 28 above shall be construed accordingly.

(4) The power conferred by sub-paragraph (1)(b) or (2) above is exercisable--

(a) in the case of a statement under paragraph 26 above in respect of a borough scheme, during the period of six months beginning with the day on which a change of control of the London borough council concerned occurs; or

(b) in any other case, during the period of six months beginning with the term of office of any person returned as the Mayor at an ordinary election or at an election under section 16 of this Act.

(5) Where, in exercise of the powers conferred by this paragraph, an authority proposes--

(a) to amend or replace a statement prepared and approved under paragraph 26 or 28 above, or

(b) to prepare a voluntary statement,

sub-paragraph (6) below applies.

(6) Where this sub-paragraph applies, the amendment, replacement statement or voluntary statement must be submitted for approval--

(a) to the Secretary of State; and

(b) if the statement concerned or affected is one prepared in respect of a borough scheme by the licensing authority, to the Authority.

(7) Where sub-paragraph (6)(b) above applies, any submission to the Secretary of State under sub-paragraph (6)(a) above may only be made--

(a) by the Authority acting on behalf of the licensing authority concerned; and

(b) after the giving by the Authority of the approval required by sub-paragraph (6)(b) above.

(8) Where a statement prepared and approved under paragraph 26 or 28 above is amended in accordance with this paragraph, the statement shall continue to be regarded for the purposes of this Schedule as a statement so prepared and approved, notwithstanding the amendment.

(9) A replacement statement or a voluntary statement must relate to the four financial years beginning with the financial year in which it takes effect (disregarding so much of that year as has expired before the statement takes effect).

(10) A replacement statement or voluntary statement prepared and approved under this paragraph shall be taken for the purposes of this Schedule to be a statement prepared and approved--

(a) under paragraph 26 above, if it was prepared in respect of a licensing scheme by the licensing authority; or

(b) under paragraph 28 above, if it was prepared by the Authority.

(11) Where a voluntary statement or replacement statement prepared by an authority takes effect, the time at which any subsequent statement is required to be prepared by that authority by virtue of paragraph 26 or 28 above in respect of the licensing scheme in question shall be determined as if the financial year preceding that in which the replacement statement or voluntary statement takes effect had been such a fourth year as is mentioned in sub-paragraph (1) of that paragraph.'.-- [Mr. Dowd.]

Amendments made: No. 126, in page 157, line 21, leave out '27 & and insert

' (Limits of the general power) '.

No. 138, in page 157, line 21, leave out from 'above' to end of line 22.

No. 145, in page 157, line 27, after 'paragraph' insert '4 or'.

No. 100, in page 158, line 5, leave out 'or (2)'.

No. 101, in page 158, line 5, at end insert 'or (5)'.

No. 109, in page 158, leave out line 11.

No. 110, in page 158, line 11, at end insert--

'section (Transitional and consequential provision) ;'.

No. 111, in page 158, line 11, at end insert--

'section (Transfers of property, rights or liabilities) ;'.

No. 112, in page 158, line 11, at end insert--

'section (Pensions) ;'.

No. 113, in page 158, line 11, at end insert--

'section (Transfer and pension instruments: common provisions) ;'.-- [Mr. Dowd.]

Amendment made: No. 150, in page 302, line 45, column 3, at beginning insert

'In section 1(3), the words "but excluding any part of it within the metropolitan police district".'.-- [Mr. Dowd.]

Amendments made: No. 127, in page 159, line 9, at end insert--

' "national policies" means any policies of Her Majesty's government which are available in a written form and which--

(a) have been laid or announced before, or otherwise presented to, either House of Parliament; or

(b) have been published by a Minister of the Crown;'.

No. 128, in page 159, line 15, at end insert--

' "principal purposes", in relation to the Authority, shall be construed in accordance with section (The general power of the Authority) (2) above;'.

No. 114, in page 159, line 34, at end insert--

'(4) Any power conferred by this Act to affect enactments by subordinate legislation is exercisable notwithstanding that those enactments consist of or include--

(a) provisions contained in Part III above;

(b) provisions relating to the subject matter of that Part; or

(c) provisions creating or otherwise relating to offences.

(5) In subsection (4) above "affect", in relation to any enactment, includes make--

(a) incidental, consequential, transitional, supplemental or supplementary provision or savings; or

(b) amendments, modifications or adaptations.'.-- [Mr. Dowd.]

(6) London Regional Transport and Transport for London shall each have power to enter into arrangements with the other--

(a) for the provision by the one for the other of administrative, technical or professional services or of passenger transport services;

(b) for the one to make available for use by the other, or for shared use by each of them, any land, equipment or other property;

(c) for the one to place any of its officers or other members of staff at the disposal of the other, for the purposes of its functions;

(d) for the discharge by the one of any functions of the other on its behalf.

(7) Arrangements entered into under subsection (6) above may be on such terms as may be agreed between London Regional Transport and Transport for London.

(8) Arrangements by virtue of paragraph (c) of subsection (6) above may only be entered into after consultation with the officers or members of staff concerned.

(9) In this Chapter "the transitional period" means the period which--

(a) begins with the coming into force of this section; and

(b) ends on the day on which London Regional Transport ceases to provide or secure the provision of public passenger transport services.'.-- [Mr. Dowd.]

Brought up, read the First and Second time, and added to the Bill.

Motion made, and Question proposed, That the Bill be now read the Third time.--[ Mr. Dowd. ]

I beg to move,

That this House, whilst accepting the principle of a representative body to speak for London, declines to give a Third Reading to the Greater London Authority Bill because it provides for an Authority elected by proportional representation, which will lead to weak government and disproportionate influence of minority parties; because it introduces road user charging which will not solve the problems of congestion or pollution in London; and because it provides wholly unsatisfactory arrangements for the future of London Underground which will not receive the necessary funding or management under the Government's proposed Public Private Partnership, thus burdening Londoners with substantial levels of debt from the outset.

It being Ten o'clock, Mr. Deputy Speaker put the Question already proposed from the Chair, pursuant to Order [30 April]:--

The House divided: Ayes 105, Noes 265.

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