Statutory Instruments
LONDON GOVERNMENT
TRANSPORT
Made
5th June 2000
Laid before Parliament
12th June 2000
Coming into force
3rd July 2000
The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by sections 405(2) and 406(1) of the Greater London Authority Act 1999(1) and of all other powers enabling him in that behalf, hereby makes the following Order:
1. This Order may be cited as the London Regional Transport (Transitional Modifications) Order 2000 and shall come into force on 3rd July 2000.
2. In this Order “the transitional period” means the period which—
(a)begins with 3rd July 2000; and
(b)ends with the day on which London Regional Transport ceases to provide or secure the provision of public passenger transport services.
3.—(1) During the transitional period, in section 2 of the London Regional Transport Act 1984(2) for subsection (1) (duty of London Regional Transport to provide passenger transport services for London) there shall be substituted—
“(1) It shall be the general duty of London Regional Transport, in accordance with principles from time to time approved by the Secretary of State, to provide or secure the provision for Greater London of public passenger transport services by railway.”
(2) The London Regional Transport Act 1984 shall have effect during the transitional period with the modifications specified in the Schedule to this Order.
4.—(1) During the transitional period, section 174(1) of the Greater London Authority Act 1999 (Mayor’s duty to exercise powers under section 155(1) so as to ensure that certain matters are determined) shall also apply in relation to the matters specified in paragraph (2).
(2) Those matters are the general level and structure of the fares to be charged for public passenger transport services provided by—
(a)London Regional Transport;
(b)any subsidiary of London Regional Transport; or
(c)any other person in pursuance of an agreement entered into by virtue of section 3(2) or (2A)(a) of the London Regional Transport Act 1984(3).
(3) Any power of the Mayor to give directions under section 155(1)(b) or (c) of the Greater London Authority Act 1999 (directions to Transport for London) shall also be exercisable for the purposes of section 174(1) of that Act as it applies by virtue of paragraphs (1) and (2), but with the substitution for each reference in section 155 of that Act to Transport for London of a reference to London Regional Transport.
(4) The Mayor must consult London Regional Transport before giving a direction by virtue of this article.
5.—(1) During the transitional period, the first reference to Transport for London in section 240(1) of the Greater London Authority Act 1999 (arrangements between local authorities and Transport for London for travel concessions) shall be taken to include a reference to London Regional Transport.
(2) In relation to any arrangements entered into by virtue of paragraph (1), the reference in section 240(1)(a) of that Act to Transport for London shall be taken as a reference to London Regional Transport.
(3) Transport for London is authorised by this paragraph to act on behalf of London Regional Transport for the purposes of entering into arrangements under section 240(1) of that Act by virtue of paragraph (1).
(4) Such arrangements shall only be entered into where Transport for London so acts.
(5) Section 240(7) of the Greater London Authority Act 1999 (persons who are not independent transport service operators) shall also apply to—
(a)London Regional Transport;
(b)any subsidiary of London Regional Transport; or
(c)any other person providing railway services in pursuance of an agreement entered into by virtue of section 3(2) or (2A)(a) of the London Regional Transport Act 1984.
6. During the transitional period, in section 241(2) of the Greater London Authority Act 1999 (arrangements between local authorities and Transport for London to be considered together for purposes of sections 242 and 243) the reference to Transport for London shall be taken to include a reference to London Regional Transport.
7.—(1) During the transitional period, services of the description specified in paragraph (2) shall be taken to be included among the description of services specified in paragraphs (a) to (e) of subsection (3) of section 242 of the Greater London Authority Act 1999 (definition of London Local Transport Network).
(2) The description is railway services which are provided by—
(a)London Regional Transport;
(b)any subsidiary of London Regional Transport; or
(c)any other person in pursuance of an agreement entered into by virtue of section 3(2) or (2A)(a) of the London Regional Transport Act 1984.
8.—(1) During the transitional period, Schedule 16 to the Greater London Authority Act 1999 (the free travel scheme) shall have effect with the following modifications.
(2) London Regional Transport shall be taken to be included among the persons required to be consulted under paragraph 2(6).
(3) London Regional Transport shall be taken to be included among the persons required to be notified under paragraph 3.
(4) The costs mentioned in paragraph 5(4)(b) shall be taken to include any payments which Transport for London has made, or proposes to make, to London Regional Transport for the purpose of securing the provision of free travel under the free travel scheme for the year in question in respect of—
(a)the revenue by way of fares which London Regional Transport estimates that it and any of its subsidiaries have lost or will lose in the year in question in consequence of the provision of free travel under the scheme; and
(b)any other cost which London Regional Transport has incurred or estimates that it will incur in the year in question in connection with providing, or for the purpose of securing the provision of, free travel under the scheme (including any payments that LRT has made or proposes to make for that purpose to any person with whom they have entered into an arrangement by virtue of section 3(2) or (2A) of the London Regional Transport Act 1984).
9.—(1) During the transitional period, any power of the Mayor to give directions under section 155(1)(b) or (c) of the Greater London Authority Act 1999 to Transport for London shall also be exercisable as a power to give directions falling within paragraph (2) to London Regional Transport, but with the substitution for each reference in section 155 of that Act to Transport for London of a reference to London Regional Transport.
(2) The directions that fall within this paragraph are—
(a)directions for the purpose of facilitating the making of arrangements under section 240(1) of the Greater London Authority Act 1999, as it applies by virtue of article 5, by Transport for London acting on behalf of London Regional Transport; and
(b)directions requiring London Regional Transport to enter into agreements or other arrangements with Transport for London for the purpose of enabling Transport for London to discharge its duty under section 241(3) of the Greater London Authority Act 1999 in relation to any financial year during which the free travel scheme there mentioned has effect.
(3) The directions that may be given by virtue of paragraph (2)(b) include directions specifying the terms of the agreements or arrangements concerned.
(4) In exercising any power conferred by virtue of paragraph (1), the Mayor shall act in a way which he considers will not prejudice the financial or other interests of London Regional Transport, having regard to the financial and other interests of Transport for London.
(5) The Mayor must consult London Regional Transport before giving a direction by virtue of this article.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
5th June 2000.
Article 3(2)
1. Section 7(4) (planning of passenger transport services for Greater London) shall be omitted.
2.—(1) Section 8(5) (co-ordination of operational matters under the control of London Regional Transport) shall be amended as follows.
(2) Paragraph (a) (co-ordination of the general level and structure of fares to be charged for services) shall be omitted.
(3) For paragraphs (b) and (c) (co-ordination of general structure of routes of services and general level of their frequency of operation) there shall be substituted—
“(b)the general structure of routes of public passenger transport services provided by—
(i)London Regional Transport;
(ii)any subsidiary of London Regional Transport; or
(iii)any other person in pursuance of an agreement entered into by virtue of section 3(2) or (2A)(a) of this Act.
(bb)the general level of provision to be made with respect to the frequency of operation of such services; and
(c)the general level of charges to be made for other facilities provided by a body or person as mentioned in paragraph (b) above.”
3. Section 29 (annual business plans) shall be omitted.
4. Section 35 (inclusion in annual report of information with respect to the carriage of passengers by road) shall be omitted.
5. Section 40 (London Regional Passengers' Committee) shall be omitted.
6. Sections 50 to 53 (travel concessions) shall not have effect in relation to any accounting year beginning after 31st March 2001.
7. Section 59 (provision of extra transport services and facilities by the Railways Board) shall be omitted.
8. In section 68 (interpretation) for the definition of “Passengers' Committee” there shall be substituted—
““Passengers' Committee” means the London Transport Users' Committee, established under section 247 of the Greater London Authority Act 1999;”.
9.—(1) Schedule 2 (operating powers) shall be amended as follows—
(2) For paragraph 1(1) (power to carry passengers by any form of land or water transport) there shall be substituted—
“(1) London Regional Transport may carry passengers by railway within, to or from Greater London.”
(3) Paragraph 2 (arrangements for air services and vehicle hire) shall be omitted.
(4) After paragraph 2 there shall be inserted—
“2A. London Regional Transport shall have power to secure the provision by other persons of services for the carriage of passengers by road, where a railway service provided or secured under or by virtue of this Act is temporarily interrupted.”
(5) In paragraph 7(3) (London Regional Transport not to be a common carrier by rail or inland waterway) “or inland waterway” shall be omitted.
(6) Paragraph 10 (power to let passenger vehicles on hire) shall be omitted.
(7) Paragraph 22(2) (power to supply spare parts and components for passenger road vehicles) shall be omitted.
(8) In paragraph 25 (which refers to paragraph 10) “or 10” shall be omitted.
10. Schedule 3 (the London Regional Passengers' Committee) shall be omitted.
(This note is not part of the Order)
The London Regional Transport Act 1984 reconstituted the London Transport Executive under the name London Regional Transport (LRT). The Greater London Authority Act 1999 provides for the dissolution of LRT and for the creation of a new body called Transport for London (TfL) to carry on the undertakings vested in LRT and to perform other functions.
Chapter XVI of Part IV of the Greater London Authority Act 1999 provides for the transition from LRT to TfL and for the two bodies to operate side by side during a transitional period. This Order (article 3 and the Schedule) modifies the London Regional Transport Act 1984 during that period and in particular restricts the role of LRT to the provision of public passenger transport services by railway or by road in temporary substitution for interrupted railway services.
Articles 4 to 9 contain modifications of the Greater London Authority Act 1999 which have effect during the transitional period. These require the Mayor of London to secure that the general level of fares on LRT public passenger transport services is determined. They provide for arrangements for the provision of concessionary fares to be entered into by LRT under that Act as well as by TfL and for the reserve free travel scheme under section 241 of that Act to cover LRT’s services as well as those of TfL.
In consequence of the provisions of articles 4 to 9, section 299(1) and (2) of the Greater London Authority Act 1999 (consequences of applying certain provisions in relation to London Regional Transport) will have effect.
1984 c. 32; section 2(1) was amended by the Railways Act 1993 (c. 43), Schedule 12, paragraph 14.
Section 3(2A) was inserted by the London Regional Transport Act 1996 (c. 21), section 1.
Section 7 was amended by the Railways Act 1993, Schedule 12, paragraph 15, by the Local Government Act 1985 (c. 51), Schedule 19 and by the Planning (Consequential Provisions) Act 1990 (c. 11), Schedule 2, paragraph 65.
Section 8 was amended by the London Regional Transport Act 1996, section 4(2)(b).