Greater London Authority Bill — Road user charging — 5 May 1999

(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; or

(e) a member of Transport for London or a director of a subsidiary of Transport for London.

(8) The offices of Rail Regulator and PPP arbiter may be held by the same person.'.-- [Mr. Dowd.]

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

(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.'.-- [Mr. Dowd.]

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

(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 relevant authority, whether specially or generally.'.-- [Mr. Dowd.]

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

(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 he considers relevant 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.'.-- [Mr. Dowd.]

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

(2) Where a matter is referred by virtue of subsection (1) above to the PPP arbiter for consideration he shall consider the matter and shall give to the parties who referred the matter 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 ( Directions of the PPP arbiter ) above, the direction which may be given by the PPP arbiter under that subsection is not restricted by that guidance.'.-- [Mr. Dowd.]

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

(a) any direction under section ( Directions of the PPP arbiter )(3) above, or

(b) any guidance under section ( Guidance by the PPP arbiter )(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 the performance of the PPP agreement in question so as to secure that the railway infrastructure to which the agreement relates--

(a) is provided, constructed, renewed or improved, as the case may be, and

(b) is maintained,

having regard to the resources available to any relevant body which is a party to 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 enable any PPP company which is a party to the PPP agreement in question, and which the PPP arbiter considers to be efficient and economic in performing the agreement, to earn the rate of return incorporated in the 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 ( Directions of the PPP arbiter )(3) above or any guidance under section ( Guidance by the PPP arbiter )(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 agreement--

(a) makes provision for the rate of return to be earned under the agreement by the PPP company concerned, 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.'.-- [Mr. Dowd.]

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

(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 ( Directions of the PPP arbiter )(3) above or guidance under section ( Guidance by the PPP arbiter )(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 ( Provision of information to the PPP arbiter ) 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 ( Directions of the PPP arbiter )(3) above, or guidance under section ( Guidance by the PPP arbiter )(2) above, is required.

(3) In this section "railway infrastructure" has the same meaning as in section ( Duty of PPP arbiter ) above.'.-- [Mr. Dowd.]

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

(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 party to a related third party agreement within the meaning of section j0nc44 above.

(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 provide any information which he would be entitled to refuse to provide 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 258 of the Companies Act 1985;

"undertaking" has the meaning given by section 259 of that Act; and

"participating interest" has the meaning given by section 260 of that Act.'.-- [Mr. Dowd.]

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

(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.'.-- [Mr. Dowd.]

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

(a) any sums payable by virtue of section ( Terms of appointment etc of the PPP arbiter )(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 (Directions of the PPP arbiter) (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.'.-- [Mr. Dowd.]

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

Amendment made: No. 88, in page 100, leave out lines 6 to 8 and insert--

'(b) which by virtue of section (Continuity: repealed or revoked functions of LRT) above has effect as if made by Transport for London.'.-- [Mr. Dowd.]

Amendments made: No. 89, in page 192, line 32, leave out

'before it ceases to exist,'.

No. 90, in page 197, line 37, leave out

'before it ceases to exist,'.

No. 91, in page 198, line 23, leave out from 'contract' to 'notwithstanding' in line 24 and insert

'which by virtue of section (Continuity: repealed or revoked functions of LRT) of this Act has effect as if made by Transport for London,'.-- [Mr. Dowd.]

Amendment made: No. 92, in page 214, leave out lines 20 to 22 and insert--

'(b) which by virtue of section (Continuity: repealed or revoked functions of LRT) of this Act has effect as if made by Transport for London.'.-- [Mr. Dowd.]

I beg to move amendment No. 80, in page 121, line 36, leave out clause 222.

Mr. Deputy Speaker (Sir Alan Haselhurst):

With this, it will be convenient to discuss the following: Amendment No. 25, in page 121, line 36, after '(1)', insert

Amendment No. 15, in schedule 19, page 247, line 6, leave out from 'scheme' to third 'the' in line 7.

Amendment No. 16, in page 247, line 8, leave out

'during the scheme's initial period'.

Amendment No. 17, in page 247, line 13, leave out from '(2)' to 'the'.

Amendment No. 18, in page 247, leave out lines 18 to 21.

Amendment No. 19, in page 247, leave out lines 26 to 34.

Amendment No. 20, in page 248, leave out lines 28 to 44.

Amendment No. 21, in page 249, leave out lines 16 to 30.

Government amendment No. 144.

New clause 6-- Traffic disruption charge --

'(1) Where the money is to be invested solely and exclusively in better provision for public transport, cycling and walking in Greater London, each of the following bodies, namely,

(a) the Authority,

(b) any London borough council, or

(c) the Common Council,

may establish and operate schemes for imposing charges in respect of any disruption caused by works to roads, pavements or cycle lanes in their area.'.

Government amendment No. 145.

Question put , That the amendment be made:--

The House divided: Ayes 97, Noes 265.

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