Greater London Authority Act 1999

Miscellaneous and supplementary provisions

291 London borough council affecting another authority’s roads

After section 121A of the [1984 c. 27.] Road Traffic Regulation Act 1984 there shall be inserted—

“121B London borough council exercising powers so as to affect another traffic authority’s roads

(1) No London borough council shall exercise any power under this Act in a way which will affect, or be likely to affect,—

(a) a GLA road, or

(b) a road in another London borough,

unless the requirements of subsections (2) and (3) below have been satisfied.

(2) The first requirement is that the council has given notice of the proposal to exercise the power in the way in question—

(a) to Transport for London; and

(b) in a case where the road concerned is in another London borough, to the council for that borough.

(3) The second requirement is that—

(a) the proposal has been approved by Transport for London, in the case of a GLA road, or by the London borough council concerned, in the case of any other road; or

(b) the period of one month beginning with the date on which Transport for London and, where applicable, the council received notice of the proposal has expired without Transport for London or the council having objected to the proposal; or

(c) any objection made by Transport for London or the council has been withdrawn; or

(d) where an objection has been made by Transport for London or a London borough council and not withdrawn, the Greater London Authority has given its consent to the proposal after consideration of the objection.

(4) Before deciding whether to give any consent for the purposes of subsection (3)(d) above, the Greater London Authority may cause a public inquiry to be held.

(5) If Transport for London has reason to believe—

(a) that a London borough council is proposing to exercise a power under this Act in a way which will affect, or be likely to affect, a GLA road or a road in another London borough, and

(b) that notice of the proposal is required to be, but has not been, given in accordance with subsection (2) above,

Transport for London may give a direction to the council requiring it not to proceed with the proposal until the requirements of subsections (2) and (3) above have been satisfied.

(6) If a London borough council exercises any power in contravention of this section, Transport for London may take such steps as it considers appropriate to reverse or modify the effect of the exercise of that power.

(7) For the purposes of subsection (6) above, Transport for London shall have power to exercise any power of the London borough council on behalf of that council.

(8) Any reasonable expenses incurred by Transport for London in taking any steps under subsection (6) above shall be recoverable by Transport for London from the London borough council concerned as a civil debt.

(9) The Mayor of London may issue a direction dispensing with the requirements of subsections (2) and (3) above in such circumstances as may be specified in the direction.

(10) A direction under subsection (9) above may, in particular, dispense with those requirements as respects—

(a) all or any of the London borough councils;

(b) all or any of the GLA roads;

(c) all or any of the roads which are neither GLA roads nor trunk roads;

(d) the exercise of such powers as may be specified in the direction in such manner or circumstances as may be so specified.

(11) Any direction under subsection (9) above may be varied or revoked by a further direction under that subsection.

(12) For the purposes of this section—

(a) the City of London shall be treated as if it were a London borough;

(b) the Common Council shall be treated as if it were the council for a London borough; and

(c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.”

292 Interpretation of the Road Traffic Regulation Act 1984

(1) The [1984 c. 27.] Road Traffic Regulation Act 1984 shall be amended as follows.

(2) After section 121B there shall be inserted—

“121C Functions of GLA under this Act to be exercisable by the Mayor

(1) The functions of the Greater London Authority under this Act shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.

(2) Subsection (1) above does not apply in relation to any function expressly conferred or imposed on, or made exercisable by, the London Assembly.”

(3) In section 142 (general interpretation) the following definitions shall be inserted at the appropriate places in subsection (1)—

““GLA road” (subject to subsection (4) below) has the same meaning as in the [1980 c. 66.] Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);”;

““GLA side road” shall be construed in accordance with section 124A(9) of this Act;”;

““trunk road” has the same meaning as in the [1980 c. 66.] Highways Act 1980 (see section 329(1) of that Act)”.

(4) At the end of section 142 there shall be added—

“(4) Any reference in this Act to a GLA road includes a reference to a GLA side road.”

293 Proposals for Royal Parks and highways: consultation

After section 132 of the [1984 c. 27.] Road Traffic Regulation Act 1984 there shall be inserted—

“132AA Royal Parks or highways in London affected by proposals relating to the other

(1) The Secretary of State shall not exercise any of his functions in relation to the management of roads or traffic in a Royal Park in such a way as to affect a highway in Greater London unless he has consulted—

(a) the traffic authority for the highway, and

(b) Transport for London,

about the exercise of those functions in that way.

(2) The duty imposed by subsection (1) above shall not apply if it would not be reasonably practicable for the Secretary of State to consult the traffic authority or Transport for London before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State shall inform the traffic authority and Transport for London that those functions have been so exercised.

(3) A traffic authority shall not exercise any of its functions in relation to a highway in Greater London in such a way as to affect a Royal Park unless it has consulted the Secretary of State about the exercise of those functions in that way.

(4) The duty imposed by subsection (3) above shall not apply if it would not be reasonably practicable for the traffic authority to consult the Secretary of State before exercising functions; but, in such a case, as soon as practicable after so exercising functions the highway authority shall inform the Secretary of State that those functions have been so exercised.

(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).”

294 Repeal of certain enactments

(1) The following enactments shall cease to have effect—

(a) sections 12, 13 and 76 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (experimental traffic schemes carried out in Greater London by the police);

(b) paragraph 53 of Schedule 4 to the [1985 c. 51.] Local Government Act 1985 (which relates to the abolition of metropolitan roads and is spent);

(c) Part II of Schedule 5 to the [1985 c. 51.] Local Government Act 1985 (supplementary provisions relating to road traffic) so far as relating to Greater London;

(d) sections 50 to 63 and 80 of, and Schedule 5 to, the [1991 c. 40.] Road Traffic Act 1991 (priority routes, local plans, trunk road plans and the Traffic Director for London).

(2) Any guidance given by the Secretary of State under any of the provisions of the [1985 c. 51.] Local Government Act 1985 or the [1991 c. 40.] Road Traffic Act 1991 mentioned in subsection (1) above shall, until such time as it is superseded by the transport strategy, continue in force and have effect as if it were part of that strategy (and shall accordingly be subject to revocation or variation by the Mayor).

(3) So far as relating to roads which are or become GLA roads, the Traffic Director for London’s network plan under section 52 of the [1991 c. 40.] Road Traffic Act 1991 shall, until such time as it is superseded by the transport strategy, continue in force and have effect as if it were part of that strategy.

(4) Any trunk road local plans prepared or in the course of preparation under section 56 of the [1991 c. 40.] Road Traffic Act 1991 by the Traffic Director for London shall, until such time as they are superseded by the transport strategy, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as part of that strategy.

(5) In subsections (6) and (7) below “relevant local plans” means any local plans prepared or in the course of preparation by a London borough council or the Common Council under section 54 of the [1991 c. 40.] Road Traffic Act 1991.

(6) To the extent that they relate to roads which are or become GLA roads, within the meaning of the [1980 c. 66.] Highways Act 1980, any relevant local plans shall, until such time as they are superseded by the transport strategy, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as part of that strategy.

(7) To the extent that they relate to roads other than those mentioned in subsection (6) above, any relevant local plans shall, until such time as they are superseded by local implementation plans under section 145 above, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as local implementation plans under that section.

(8) Any reference in this section to a GLA road includes a reference to a GLA side road.