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Greater London Authority Act 1999

Status:

This is the original version (as it was originally enacted).

Chapter ITransport functions of the Authority

The general transport duty

141General transport duty

(1)The Mayor shall develop and implement policies for the promotion and encouragement of safe, integrated, efficient and economic transport facilities and services to, from and within Greater London.

(2)The powers of the Authority under this Part shall be exercised for the purpose of securing the provision of the transport facilities and services mentioned in subsection (1) above.

(3)The transport facilities and services mentioned in subsection (1) above include facilities and services for pedestrians and are—

(a)those required to meet the needs of persons living or working in, or visiting, Greater London, and

(b)those required for the transportation of freight.

The transport strategy

142The Mayor’s transport strategy

(1)The Mayor shall prepare and publish a document to be known as the “transport strategy” containing—

(a)his policies under section 141(1) above, and

(b)his proposals for discharging the duty under section 141(2) above.

(2)In addition to containing the proposals and policies required by subsection (1) above, the transport strategy—

(a)shall contain the Mayor’s proposals for the provision of transport which is accessible to persons with mobility problems,

(b)shall specify a timetable for the implementation of the proposals contained in the transport strategy by virtue of paragraph (a) above, and

(c)may contain any other proposals which he considers appropriate.

(3)Where the Mayor revises the transport strategy he shall publish it as revised.

(4)In preparing or revising the transport strategy the Mayor shall consult—

(a)the Disabled Persons Transport Advisory Committee, and

(b)such other persons or bodies which represent the interests of persons with mobility problems as he considers it appropriate to consult;

and this subsection is without prejudice to section 42 above.

(5)In this Act, references to the transport strategy include, except where the context otherwise requires, a reference to the transport strategy as revised.

143Directions by the Secretary of State

(1)Where the Secretary of State considers that—

(a)the transport strategy (or any part of it) is inconsistent with national policies relating to transport, and

(b)the inconsistency is detrimental to any area outside Greater London,

he may direct the Mayor to make such revisions of the transport strategy in order to remove the inconsistency as may be specified in the direction.

(2)Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall revise the transport strategy in accordance with the direction.

144Duties of London borough councils etc

(1)In exercising any function—

(a)a London borough council,

(b)the Common Council, and

(c)any body or person exercising statutory functions in relation to Greater London or any part of Greater London,

is to have regard to the transport strategy.

(2)The Mayor may issue guidance in writing about the implementation of the transport strategy to any council, body or person falling within subsection (1) above.

(3)A council, body or person to whom guidance has been issued under subsection (2) above is to have regard to the guidance in exercising any function.

(4)In exercising any functions in relation to the management of roads or traffic in a Royal Park in Greater London the Secretary of State shall have regard to the transport strategy.

(5)In this section “Royal Park” means any park to which the [1872 c. 15.] Parks Regulation Act 1872 applies (see sections 1 and 3 of the [1926 c. 36.] Parks Regulation (Amendment) Act 1926).

Local implementation plans

145Preparation of the plan

(1)As soon as reasonably practicable after the Mayor has published the transport strategy under section 142 above, each London borough council shall prepare a plan (a “local implementation plan”) containing its proposals for the implementation of the transport strategy in its area.

(2)In preparing a local implementation plan under subsection (1) above, each London borough council shall consult—

(a)the relevant Commissioner or, if the council considers it appropriate, both Commissioners,

(b)Transport for London,

(c)such organisations representative of disabled persons as the council considers appropriate,

(d)each other London borough council whose area is, in the opinion of the council preparing the local implementation plan, likely to be affected by the plan, and

(e)any other body or person required to be consulted under this section by virtue of a direction given to the council by the Mayor under section 153 below.

(3)Each local implementation plan shall include—

(a)a timetable for implementing the different proposals in the plan, and

(b)the date by which all the proposals contained in the plan will be implemented.

(4)For the purposes of this section and sections 146 to 153 below, the Common Council shall be treated as if it were a London borough council.

(5)In subsection (2)(a) above, the “relevant Commissioner” means—

(a)in relation to a local implementation plan prepared by the Common Council, the Commissioner of Police for the City of London, and

(b)in relation to a local implementation plan prepared by a council other than the Common Council, the Commissioner of Police of the Metropolis.

146Approval of plans by the Mayor

(1)Each London borough council shall submit its local implementation plan to the Mayor for his approval.

(2)The Mayor may approve any local implementation plan submitted to him under subsection (1) above.

(3)The Mayor shall not approve a local implementation plan submitted to him under subsection (1) above unless he considers—

(a)that the local implementation plan is consistent with the transport strategy,

(b)that the proposals contained in the local implementation plan are adequate for the purposes of the implementation of the transport strategy, and

(c)that the timetable for implementing those proposals, and the date by which those proposals are to be implemented, are adequate for those purposes.

147Power of the Mayor to prepare a plan

(1)Where it appears to the Mayor that a London borough council has failed—

(a)to prepare a local implementation plan in accordance with the requirements of section 145 above, or

(b)to submit a local implementation plan to him for approval under section 146 above,

the Mayor may issue to the council a direction under section 153 below requiring the council to do so within such period as the Mayor shall specify in the direction.

(2)Where the Mayor has issued a direction of the kind mentioned in subsection (1) above, but the council has not complied with the direction within a reasonable time, the Mayor may prepare a local implementation plan on behalf of the council.

(3)Where the Mayor refuses to approve under subsection (2) of section 146 above a local implementation plan, the London borough council which submitted the plan shall prepare a new local implementation plan and submit it to the Mayor under subsection (1) of that section, unless the Mayor notifies the council that he intends to exercise his powers under subsection (4) below.

(4)Where the Mayor—

(a)refuses to approve a local implementation plan under section 146 above, and

(b)has served on the London borough council who prepared the local implementation plan a notice under subsection (3) above,

the Mayor may prepare a local implementation plan on behalf of the council.

(5)Where the Mayor prepares a local implementation plan on behalf of a London borough council, he shall in preparing the plan consult—

(a)the council on whose behalf he is preparing the plan,

(b)the relevant Commissioner or, if the Mayor considers it appropriate, both Commissioners,

(c)Transport for London,

(d)such organisations representative of disabled persons as the Mayor considers appropriate, and

(e)each other London borough council whose area is in the opinion of the Mayor likely to be affected by the plan.

(6)A local implementation plan prepared by the Mayor under this section shall include the matters required to be contained or included in the plan under section 145(1) and (3) above by a London borough council.

(7)Where the Mayor prepares a local implementation plan on behalf of a London borough council, he may recover from the council as a civil debt any reasonable expenses incurred by him in preparing the plan.

(8)In subsection (5)(b) above, the “relevant Commissioner” means—

(a)in relation to a local implementation plan prepared on behalf of the Common Council, the Commissioner of Police for the City of London, and

(b)in relation to a local implementation plan prepared on behalf of a council other than the Common Council, the Commissioner of Police of the Metropolis.

148Revision

(1)A London borough council may at any time prepare such revisions as it considers appropriate to the council’s local implementation plan.

(2)Where the Mayor revises the transport strategy under section 41(2) above, each London borough council shall as soon as reasonably practicable after the Mayor has published the transport strategy as revised prepare such revisions to the council’s local implementation plan as it considers are necessary in order to implement that strategy in its area.

(3)Where a London borough council considers that no revisions are required to be prepared under subsection (2) above the council shall notify the Mayor.

(4)For the purposes of this section, the “local implementation plan”, in relation to any London borough council, means whichever of the following has been most recently approved, or as the case may be, prepared, by the Mayor, namely—

(a)a local implementation plan prepared by the council and approved by the Mayor under section 146 above;

(b)a local implementation plan, as proposed by the council to be revised, approved by the Mayor under that section; and

(c)a local implementation plan or revised local implementation plan prepared by the Mayor on behalf of the council.

149Procedure for revision

(1)In preparing any revisions under section 148 above a London borough council shall consult the bodies and persons required to be consulted under subsection (2) of section 145 above, taking the references in paragraph (d) of that subsection and in subsection (5) of that section to the local implementation plan as references to revisions under section 148 above.

(2)Each local implementation plan as proposed to be revised shall include the matters specified in section 145(1) and (3) above.

(3)The provisions of section 146 above shall apply to a London borough council’s local implementation plan as proposed to be revised as they apply to the council’s local implementation plan.

150Power of the Mayor to prepare a revised plan

(1)Where the Mayor has published the transport strategy as revised but it appears to the Mayor that a London borough council has failed—

(a)to prepare such revisions to the council’s local implementation plan, or

(b)to submit to him for approval such a local implementation plan as proposed to be revised,

as the Mayor considers necessary in order to implement in the council’s area the transport strategy as revised, the Mayor may issue to the council a direction under section 153 below requiring the council to do so within such period as the Mayor shall specify in the direction.

(2)Where the Mayor has issued a direction of the kind mentioned in subsection (1) above but the council has not complied with the direction within a reasonable time, the Mayor may prepare a revised local implementation plan on behalf of the council.

(3)Where the Mayor refuses to approve under subsection (2) of section 146 above a local implementation plan as proposed to be revised, the London borough council which submitted the plan shall prepare new revisions and submit to the Mayor under subsection (1) of that section a new local implementation plan as proposed to be revised, unless the Mayor notifies the council that he intends to exercise his powers under subsection (4) below.

(4)Where the Mayor—

(a)refuses to approve under subsection (2) of section 146 above a local implementation plan as proposed to be revised, and

(b)has served on the London borough council who submitted the plan a notice under subsection (3) above,

the Mayor may prepare a revised local implementation plan on behalf of the council.

(5)In preparing a revised local implementation plan the Mayor shall consult the bodies and persons required to be consulted under subsection (5) of section 147 above, taking the references in paragraphs (a) and (e) of that subsection and in subsection (8) of that section to a local implementation plan prepared on behalf of a London borough council as references to a revised local implementation plan prepared on behalf of such a council.

(6)A revised local implementation plan prepared by the Mayor under this section shall include the matters specified in section 145(1) and (3) above.

(7)Where the Mayor prepares a revised local implementation plan on behalf of a London borough council, he may recover from the council as a civil debt any reasonable expenses incurred by him in preparing the plan.

151Implementation by a London borough council

(1)Where the Mayor has approved a local implementation plan, or a local implementation plan as proposed to be revised, submitted to him under section 146(1) above, the London borough council which submitted the plan—

(a)shall implement the proposals contained in it in accordance with the timetable included by virtue of section 145(3)(a) above, or, as the case may be, section 149(2) above, and

(b)shall implement all the proposals contained in it by the date included by virtue of section 145(3)(b) above, or, as the case may be, section 149(2) above.

(2)Where the Mayor has prepared a local implementation plan or a revised local implementation plan on behalf of a London borough council under section 147 above, or, as the case may be, section 150 above, subsection (1) above shall apply in relation to the implementation by the council of the proposals contained in the plan as if the plan were a local implementation plan approved by the Mayor under section 146 above, or, as the case may be, a local implementation plan as proposed to be revised, approved by the Mayor u der that section.

152Implementation by the Mayor

(1)Where the Mayor considers—

(a)that a London borough council has failed, or is likely to fail, satisfactorily to implement any proposal contained in a local implementation plan as required by section 151(1)(a) above, or

(b)that such a council has failed, or is likely to fail, to implement all such proposals as required by section 151(1)(b) above,

he may, for the purposes of implementing the proposals contained in the local implementation plan, exercise on behalf of the council the powers that the council has in connection with the implementation of those proposals.

(2)Subsection (1) above applies in relation to a local implementation plan, as proposed to be revised, approved by the Mayor under section 146 above as it applies to a local implementation plan approved by the Mayor under that section.

(3)Where the Mayor considers that a London borough council has failed to comply with any direction issued by him under section 153 below, he may exercise on behalf of the council such of the powers of the council as are necessary for the purposes of ensuring that the direction is complied with.

(4)Anything done by the Mayor in the exercise of powers conferred on him by virtue of this section shall be treated for all purposes as if it had been done by the London borough council on whose behalf he exercises the powers.

(5)Where the Mayor proposes to exercise any of the powers of a London borough council by virtue of this section he may direct the council not to exercise those or any other powers, in such circumstances or in relation to such matters, as may be specified in the direction.

(6)Where the Mayor issues a direction to a London borough council under subsection (5) above, the council shall comply with the direction.

(7)Any reasonable expenses incurred by the Mayor in the exercise of the powers of a London borough council by virtue of this section shall be recoverable by him from the council as a civil debt.

153Directions by the Mayor

(1)The Mayor may issue to any London borough council—

(a)general directions as to the manner in which it is to exercise its functions under sections 145 to 151 above, or

(b)specific directions as to the manner in which it is to exercise those functions.

(2)Directions issued by the Mayor under subsection (1) above may include in particular directions—

(a)as to the timetable in accordance with which a local implementation plan or revisions to such a plan must be prepared,

(b)as to the bodies or persons who must be consulted about a local implementation plan or revisions to such a plan,

(c)as to the timetable mentioned in section 145(3)(a), 149(2) or 150(6) above,

(d)as to the date mentioned in section 145(3)(b), 149(2) or 150(6) above,

(e)as to the action required to be taken to implement the proposals contained in the local implementation plan in accordance with that timetable or by that date, or

(f)as to the steps required to be taken to remove the effects of action which is incompatible with such proposals.

(3)The reference in subsection (2)(e) above to the local implementation plan includes a reference to—

(a)a local implementation plan, as proposed by a London borough council to be revised, approved by the Mayor under section 146 above; and

(b)a local implementation plan or revised local implementation plan prepared by the Mayor on behalf of a London borough council.

(4)Where the Mayor issues a direction to a London borough council under subsection (1) above, the council shall comply with the direction.

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