Member

35: After Clause 24, insert the following new Clause— “TfL byelawsIn the Greater London Authority Act 1999, after Chapter 8 of Part 4 insert—“Chapter 8ABus byelawsLondon local service byelaws 244A Power to make byelaws for London local services(1) Transport for London may make byelaws regulating one or more of the following—(a) travel on London local services;(b) the maintenance of order on London local services;(c) the conduct of persons while travelling on London local services.(2) The byelaws may, in particular, make provision—(a) with respect to tickets and other things (whether in physical or electronic form) which authorise a person to enter and travel on London local services;(b) with respect to the evasion of payment of fares or other charges;(c) with respect to interference with, or obstruction of, London local services;(d) prohibiting vaping by persons on London local services;(e) with respect to the prevention of nuisance.(3) The byelaws may provide that a person contravening them is guilty of an offence and liable, on summary conviction, to a fine not exceeding—(a) level 3 on the standard scale, or(b) such lower level or lower amount as is specified in the byelaws.Enforcement 244B Powers of authorised persons(1) An authorised person may—(a) issue a fixed penalty notice (see section 244C) to anyone who that person has reason to believe has committed—(i) a bus byelaws offence,(ii) a premises byelaws offence, or(iii) an offence under this section; (b) require a person who the authorised person reasonably suspects of committing or attempting to commit a bus byelaws offence to do one or both of the following—(i) to give their name and address;(ii) to leave any vehicle in relation to which the byelaws under section 244A apply.(2) An authorised person may use reasonable force to remove a person who has failed to comply with a requirement under subsection (1)(b)(ii).(3) A person who fails to comply with a requirement under subsection (1)(b) commits an offence and is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.(4) The Secretary of State may issue guidance about the exercise of functions under this section and section 244C, and Transport for London and authorised persons must have regard to the guidance when exercising those functions.(5) The Secretary of State may at any time vary or revoke guidance issued under subsection (4).(6) The Secretary of State must publish—(a) guidance issued under subsection (4), and(b) any variation or revocation of the guidance.(7) In this section—“authorised person” means a person authorised for the purposes of this section by Transport for London;“bus byelaws offence” means an offence under byelaws made under section 244A;“premises byelaws offence” means an offence under byelaws made under section 25 of the London Transport Act 1969 committed on premises used by a London local service.244C Fixed penalty notices(1) A fixed penalty notice issued under section 244B is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to Transport for London.(2) Where a person is issued with a fixed penalty notice in respect of an offence—(a) no proceedings may be taken for the offence before the end of the period of 14 days following the date of the notice;(b) the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.(3) A fixed penalty notice must—(a) give reasonably detailed particulars of the circumstances alleged to constitute the offence;(b) state the period during which (because of subsection (2)(a)) proceedings will not be taken for the offence;(c) specify the amount of the fixed penalty;(d) state the name and address of the person to whom the fixed penalty may be paid;(e) specify permissible methods of payment.(4) Subsection (3)(a) does not operate to require or authorise the processing of personal data in a way which contravenes the data protection legislation (but that subsection is to be taken into account in determining whether the processing contravenes that legislation).(5) An amount specified under subsection (3)(c) must not be more than £100.(6) A fixed penalty notice may specify two amounts under subsection (3)(c) and specify that, if the lower of those amounts is paid within a specified period (of less than 14 days), that is the amount of the fixed penalty.(7) Whatever other method may be specified under subsection (3)(e), payment of the fixed penalty may be made by pre-paying and posting to the person whose name and address is stated under subsection (3)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).(8) Where a letter is sent as mentioned in subsection (6), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.(9) In any proceedings, a certificate that—(a) purports to be signed by or on behalf of the person with responsibility for the financial affairs of Transport for London, and(b) states that payment of the fixed penalty was, or was not, received by the date specified in the certificate,is evidence of the facts stated.(10) In this section“the data protection legislation” , “personal data” and “processing” have the same meanings as in the Data Protection Act 2018 (see section 3 of that Act).””Member's explanatory statement This clause will allow TfL to make byelaws local bus services in London. It also provides for those byelaws, and TfL’s Road Transport Premises Byelaws, to be enforced by authorised persons, including by means of fixed penalty notices.