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Part IVU.K. Transport

Chapter IVE+W+S Public passenger transport

173 Provision of public passenger transport.E+W+S

(1)Transport for London may provide or secure the provision of public passenger transport services to, from or within Greater London.

(2)Without prejudice to section 176 below, any agreement entered into by Transport for London by virtue of section 156(2) or (3)(a) above may in particular provide for—

(a)combined services for the through carriage of passengers or goods to be provided by Transport for London or any of its subsidiaries and any other party to the agreement, the quoting of through rates and the pooling of receipts and expenses in respect of such services;

(b)securing efficiency, economy and safety of operation in the provision of any public passenger transport services in pursuance of the agreement;

(c)the exercise by Transport for London, in accordance with the agreement, of control over fares in respect of any such services and their routes and frequency of operation and over charges in respect of any other facilities provided in pursuance of the agreement; and

(d)the making of payments by Transport for London to any other party to the agreement.

174 Structure of fares and services.E+W+S

(1)The Mayor shall exercise his powers under section 155(1) above so as ensure that the matters specified in subsection (2) below are determined.

(2)The matters mentioned in subsection (1) above are—

(a)the general level and structure of the fares to be charged for public passenger transport services provided by Transport for London or by any other person in pursuance of any 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;

(b)the general structure of routes of such services and the general level of provision to be made with respect to their frequency of operation; and

(c)the general level of charges to be made for other facilities provided as mentioned in paragraph (a) above.

Modifications etc. (not altering text)

C1S. 174(1) extended (temp.) (3.7.2000) by S.I. 2000/1504, art. 4

175 Co-operation with the [F1Strategic Rail Authority].E+W+S

(1)It shall be the duty of Transport for London (either acting directly, or acting through a subsidiary) and the [F2 Secretary of State ] to co-operate with one another in the exercise and performance of their respective functions for the purpose—

(a)of co-ordinating the passenger transport services for persons travelling to, from and within Greater London—

(i)which are provided by Transport for London or any of its subsidiaries, and

(ii)which are provided under franchise agreements, or [F3are secured services (within the meaning of Part 4 of the Railways Act 2005) provided by or on behalf of the Secretary of State] ; and

(b)of securing or facilitating the duty of Transport for London under section 154(3) above;

F4...

[F5(1A)Before—

(a)issuing an invitation to tender for a franchise agreement in a case in which the services to be provided under the agreement are or include London railway passenger services, or

(b)entering into a franchise agreement in respect of such services in a case in which no such invitation has been issued,

the Secretary of State must consult Transport for London.

(1B)The Secretary of State and Transport for London must each provide to the other any information which—

(a)the other reasonably requires for a purpose mentioned in subsection (1)(a) or (b); and

(b)is information which it would have been lawful for him or (as the case may be) it to disclose apart from this subsection.]

(2)For the purposes of the co-operation required under subsection (1) above, Transport for London and the [F6Secretary of State] may enter into such arrangements with one another with respect to the exercise and performance of their respective functions on such terms as may appear to them to be expedient.

[F7(2A)Those arrangements may include arrangements under which sums become due from Transport for London to the Secretary of State—

(a)in respect of London railway passenger services;

(b)in respect of station services provided in connection with such services; or

(c)in respect of bus substitution services provided as alternatives for London railway passenger services.]

(3)The references in subsections (1) and (2) above to the functions of the [F8 Secretary of State ] shall be taken as a reference to—

(a)[F8 his ] functions under sections 23 to 31 of the M1Railways Act 1993 (franchising of passenger services), and

(b)the duties imposed upon [F8 him ] by [F9 sections 22 to 24 of the Railways Act 2005 ] (discontinuance of railway passenger services) to secure the provision of services.

[F10(3A)A reference in this section to a London railway passenger service is a reference to—

(a)a service for the carriage of passengers by railway between places in Greater London; or

(b)a service for the carriage of passengers by railway between places in Greater London and places outside Greater London.

(3B)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.]

F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 175: words in sidenote substituted (1.2.2001) by 2000 c. 38, s. 215(1), Sch. 16 para. 59(1)(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

F2Words in s. 175(1) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 15(2)(a), 60(2); S.I. 2005/1909, art. 2, Sch.

F3Words in s. 175(1)(a)(ii) substituted (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(2)(a); S.I. 2006/2911, art. 2, Sch.

F5S. 175(1A)(1B) inserted (24.7.2005) by Railways Act 2005 (c. 14), ss. 15(3), 60(2); S.I. 2005/1909, art. 2, Sch.

F6Words in s. 175(2) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 15(4), 60(2); S.I. 2005/1909, art. 2, Sch.

F7S. 175(2A) inserted (24.7.2005) by Railways Act 2005 (c. 14), ss. 15(5), 60(2); S.I. 2005/1909, art. 2, Sch.

F8Words in s. 175(3) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 15(6), 60(2); S.I. 2005/1909, art. 2, Sch.

F9Words in s. 175(3)(b) substituted (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(2)(b); S.I. 2006/2911, art. 2, Sch.

F10S. 175(3A)(3B) inserted (24.7.2005) by Railways Act 2005 (c. 14), ss. 15(7), 60(2); S.I. 2005/1909, art. 2, Sch.

F11S. 175(4) repealed (1.2.2001) by 2000 c. 38, ss. 215(1), 274, Sch. 16 para. 59(1)(4), Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provisions and savings in Sch. 2 Pt. II) (which S.I. is amended by S.I. 2001/115, art. 2(2))

Marginal Citations

176 Co-operation with other persons.E+W+S

(1)Where a public passenger transport service is provided under—

(a)an agreement entered into by Transport for London under section 156(2) or (3)(a) above, or

(b)a transport subsidiary’s agreement,

by a person other than a subsidiary of Transport for London, it shall be the duty of that person and the other party to the agreement in question, either acting directly, or acting indirectly through subsidiaries of theirs, to co-operate with one another in the exercise and performance of their respective functions for the purposes specified in subsection (2) below.

(2)The purposes mentioned in subsection (1) above are—

(a)the co-ordinating of passenger transport services, and

(b)the securing of, or the facilitating of, the proper discharge of the duty of Transport for London under section 154(3) above.

(3)The duty of co-operation imposed by subsection (1) above requires both parties to an agreement under section 156(2) or (3)(a) above or to a transport subsidiary’s agreement to provide to one another such information as to their services as may reasonably be required for the purposes specified in subsection (2) above.

177 Provision of extra passenger transport services and facilities.E+W+S

(1)The council of a London borough and the Common Council shall each have power to enter into and carry out agreements with—

(a)Transport for London,

(b)the [F12Secretary of State], or

(c)any person who is the holder of a passenger licence, a network licence or a station licence,

with respect to the provision or retention, and financing, of public passenger transport services and facilities which would not be available apart from any such agreement.

(2)Transport for London and the [F13Secretary of State] shall each have power to enter into and carry out agreements with the council of a London borough or the Common Council with respect to the matters specified in subsection (1) above.

(3)The terms of an agreement entered into under this section shall be such as may be agreed between the parties to the agreement.

(4)Expressions used in this section and in Part I of the M2Railways Act 1993 have the same meaning in this section as in that Part.

Textual Amendments

F12Words in s. 177(1)(b) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(3); S.I. 2005/1909, art. 2, Sch.

F13Words in s. 177(2) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 14(3); S.I. 2005/1909, art. 2, Sch.

Marginal Citations

178 Information and publicity about plans as to services and fares.E+W+S

(1)Transport for London shall in each year inform the bodies mentioned in subsection (2) below of its current plans with respect to—

(a)the general level of transport services and facilities to be provided by Transport for London, any subsidiary of Transport for London or any other person in pursuance of an agreement entered into by virtue of section 156(2) or (3)(a) above or in pursuance of a transport subsidiary’s agreement;

(b)the general structure of routes of such services;

(c)the general level and structure of fares to be charged for such services; and

(d)the general level of charges to be made for such facilities.

(2)The bodies are—

(a)the London borough councils;

(b)the Common Council;

(c)the council of any county or district any part of whose area appears to Transport for London to be affected significantly by any plans falling within subsection (1) above; and

(d)the London Transport Users’ Committee.

(3)Transport for London shall cause particulars of the general level and structure of the fares falling within subsection (1)(c) above as they apply for the time being to be published in such manner as it thinks fit.