Greater London Authority Act 1999

Chapter XVITransition from London Regional Transport to Transport for London

297Transfers of property, rights and liabilities

(1)The Secretary of State shall from time to time prepare programmes for the transfer to Transport for London of property, rights and liabilities of London Regional Transport—

(a)for the purpose of enabling Transport for London to perform its functions as they become exercisable; or

(b)in preparation for the dissolution of London Regional Transport;

and in this Chapter “transfer programme” means a programme under this subsection.

(2)Any powers conferred by Part XII below are exercisable for the purpose of implementing any transfer programme.

(3)A transfer programme may include plans relating to—

(a)the transfer of rights and liabilities under contracts of employment;

(b)the provision of pensions, within the meaning of section 411 below;

(c)the apportionment of any property, rights or liabilities;

(d)the creation of rights or liabilities;

(e)the transfer of statutory functions;

(f)the exercise of any other powers under Part XII below.

(4)A transfer programme may provide for different property, rights or liabilities to be transferred on different days.

(5)To the extent that a transfer programme has not been implemented, it may be varied or replaced by another such programme.

298Functions during the transitional period

(1)In this section “transitional purpose” means the purpose of—

(a)facilitating the securing and carrying into effect of PPP agreements under Chapter VII above;

(b)facilitating the transfer of property, rights or liabilities of London Regional Transport to Transport for London;

(c)facilitating the transfer of functions, property, rights or liabilities to Transport for London from any other body or person from whom they are or may be so transferred under or by virtue of this Act;

(d)facilitating the exercise by Transport for London of any functions so transferred; or

(e)securing that public passenger transport services continue to be provided without disruption.

(2)London Regional Transport shall be under a duty, and shall be taken at any time before the coming into force of this section to have had power, to do all such things as it considers appropriate for any transitional purpose.

(3)In discharging their functions during the transitional period it shall be the duty of—

(a)the Mayor,

(b)London Regional Transport, and

(c)Transport for London,

to consult and co-operate with each other for any transitional purpose.

(4)The following provisions of this section have effect for the purpose of facilitating the discharge of the duty of co-operation imposed on London Regional Transport and Transport for London by subsection (3) above.

(5)London Regional Transport and Transport for London shall each provide to the other such information as may reasonably be required by that other for the purpose of discharging any of its functions during the transitional period.

(6)London Regional Transport and Transport for London shall each have power to enter into arrangements with the other—

(a)for the provision by the one for the other of administrative, technical or professional services or of passenger transport services;

(b)for the one to make available for use by the other, or for shared use by each of them, any land, equipment or other property;

(c)for the one to place any of its officers or other members of staff at the disposal of the other, for the purposes of its functions;

(d)for the discharge by the one of any functions of the other on its behalf.

(7)Arrangements entered into under subsection (6) above may be on such terms as may be agreed between London Regional Transport and Transport for London.

(8)Arrangements by virtue of paragraph (c) of subsection (6) above may only be entered into after consultation with the officers or members of staff concerned.

(9)In this Chapter “the transitional period” means the period which—

(a)begins with the coming into force of this section; and

(b)ends on the day on which London Regional Transport ceases to provide or secure the provision of public passenger transport services.

299Fares etc during the transitional period

(1)If provision is made under or by virtue of this Act which has the effect of applying to any extent in relation to London Regional Transport during the transitional period—

(a)the powers conferred on the Mayor by section 155 above, and

(b)the duty imposed on the Mayor by section 174 above,

then the Mayor, in discharging that duty as so applied in relation to London Regional Transport, 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.

(2)If provision is made under or by virtue of this Act which has the effect of—

(a)applying to any extent in relation to London Regional Transport during the transitional period any of the provisions contained in sections 240 to 243 above or Schedule 16 to this Act, and

(b)authorising or requiring Transport for London during the transitional period to act on behalf of London Regional Transport for the purposes of any of those provisions as so applied,

then Transport for London, in acting on behalf of London Regional Transport for those purposes, shall do so in a way which (having regard to its own financial and other interests) it considers will not prejudice the financial or other interests of London Regional Transport.

300Continuity: repealed or revoked functions

(1)In this section—

• “abolished function” means any function of London Regional Transport which was conferred or imposed by a statutory provision which is repealed or revoked by or under this Act;

• “abolition”, in relation to an abolished function, means the coming into force of the repeal or revocation of the provision conferring or imposing the function;

• “statutory provision” means an enactment contained in—

  (a)

  an Act passed before the date on which London Regional Transport is dissolved or in the Session in which that date falls; or

  (b)

  subordinate legislation made before that date or in that Session.

(2)There may be continued by or in relation to Transport for London anything (including legal proceedings) which relates to an abolished function and is in the process of being done by or in relation to London Regional Transport immediately before the abolition of the function.

(3)Anything which—

(a)was made or done by or in relation to London Regional Transport for the purposes of or in connection with an abolished function, and

(b)is in effect immediately before the abolition of the function,

shall have effect as if made or done by or in relation to Transport for London.

(4)Transport for London shall be substituted for London Regional Transport in any instruments, contracts or legal proceedings which relate to an abolished function and which were made or commenced before the abolition of the function.

(5)Subsections (2) to (4) above do not apply in relation to an abolished function to the extent that the repeal or revocation of the statutory provision by which the function was conferred or imposed comes into force on terms which provide otherwise.

(6)Any reference in this section to anything made or done by or in relation to London Regional Transport includes a reference to anything which by virtue of any enactment is treated as having been made or done by or in relation to London Regional Transport.

301Transfer of former functions of LTE, records and relics

(1)Any functions of the London Transport Executive established under section 4 of the [1969 c. 35.] Transport (London) Act 1969 which, by virtue of section 67(1) of the [1984 c. 32.] London Regional Transport Act 1984 are exercisable by London Regional Transport, shall instead be exercisable by Transport for London.

(2)In section 144 of the [1968 c. 73.] Transport Act 1968 (transfer and disposal of historical records and relics) for “London Regional Transport” in each place where it occurs there shall be substituted “Transport for London”.

302Dissolution of London Regional Transport

When the Secretary of State is satisfied that provision has been made for the transfer of all property, rights and liabilities of London Regional Transport, he may by order provide for the dissolution of London Regional Transport.

303Interpretation of Chapter XVI

In this Chapter—

• “transfer programme” has the meaning given by section 297(1) above;

• “the transitional period” has the meaning given by section 298(9) above.