Subject: London TravelWatch1 Report Number: 8 Report to: Transport Committee Date: 10 March 2009 Report of: Executive Director of Secretariat 1. Recommendation 1.1 That the Committee agrees the terms of reference for a review of the relationship between the remits of London TravelWatch, Passenger Focus and the London Assembly set out in paragraph 3.3. 2. Background 2.1 The remits of London TravelWatch, Passenger Focus and the London Assembly appear to overlap in a number of respects. It is proposed that the Transport Committee and other stakeholders (see paragraph 3.3) undertake a review to explore these potential overlaps in order to ensure that public business in the transport field is being conducted in the most cost effective manner by avoiding unnecessary duplication of effort and expenditure. A summary of relevant statutory provisions is attached as Appendix A. 3. Issues for Consideration Review of Remits 3.1 LTW and Passenger Focus both have a remit to keep under review matters affecting the interests of the public in relation to rail passenger and station services in the London railway area (which includes both Greater London and much of the Home Counties). Where TfL provides such rail services, the London Assembly too has a remit to keep them under review through its duty to keep under review the Mayor’s exercise of his statutory functions. There are clear statutory provisions governing some aspects of the relationship between London TravelWatch and Passenger Focus. For example, Passenger Focus must pass individual complaints relating exclusively to the London railway area to London TravelWatch. There is also a long-standing working arrangement between the two bodies regulating the handling of cross-boundary cases. Although Passenger Focus has no remit with respect to TfL per se, the creation of London Overground means that TfL’s railways and the National Rail system are no longer mutually exclusive. 3.2 Because all three bodies have different constituencies it may be legitimate for all of them to consider a single issue separately from each other, from a different point of view. For example, Passenger Focus must take account of the interests of passengers nationally, while London TravelWatch 1 The operating name of the London Transport Users Committee City Hall, The Queen’s Walk, London SE1 2AA Enquiries: 020 7983 4100 minicom: 020 7983 4458 www.london.gov.uk concerns itself with the passengers within the London railway area, whose priorities may differ. The consumer bodies represent transport consumers, whereas the Assembly’s constituency includes taxpayers and residents who may or may not be the same individuals or share the same perspectives. However, general issues, for example rail overcrowding, could potentially be investigated by all three bodies and there is the potential for overlaps to occur, and should the review identify that this is the case, there could be a role for administrative arrangements between the bodies to minimize these, and thus to reduce the risk of wasteful duplication of effort and expenditure. 3.3 The proposed terms of reference, which have been discussed with London TravelWatch, Passenger Focus and the Department for Transport (the other parties to the review) are: • Identify the constituencies of the London Assembly, London TravelWatch and Passenger Focus in regard to national rail services in and around London • Identify existing working protocols • Identify the range of issues where there is potential duplication • Establish priorities for action, as to which body does what and, where possible, a process for deciding in each case if one of the bodies can take the lead and how liaison between the bodies concerned should be secured 3.4 All parties have agreed the general areas of the review but it is possible that there may be changes to the detailed wording of the terms of reference so it is proposed that the Chair be given authority to agree the detailed wording, in consultation with the Deputy Chair and Group Leads, on behalf of the Transport Committee. 4. Strategy Implications 4.1 There are no strategic implications 5. Legal Implications 5.1 The Committee has the power to do what is recommended in this report. 6. Financial Implications 6.1 There are none. Background Papers: Greater London Authority 1999 and Railways Act 2005 Contact: Katy Shaw, [email protected], 020 7983 4416 2 Statutory framework for London TravelWatch (LONDON TRAVELWATCH) This note provides a summary of London TravelWatch’s main powers and duties relevant to potential overlaps between Passenger Focus, the Assembly and London TravelWatch London TravelWatch has a duty to consider and, where it appears to it to be GLA Act 1999 desirable, make recommendations, with respect to any matter affecting the S 248(1) & (4) functions of GLA or TfL which relate to transport (other than freight). When making a recommendation regarding a highway, it must consider the interests of all those who use it for passenger transport including cyclists and pedestrians. London TravelWatch has a duty to consider, and, where it appears to it to be GLA Act 1999 desirable, make recommendations, with respect to any matter which has been the S 248(3) subject of representations by a user of TfL services/facilities and taxis; or has been referred to it by TfL, or the GLA, or London TravelWatch believes it ought to consider the matter. London TravelWatch may consider other transport matters in Greater London (i.e. GLA Act 1999 matters that do not fall within S248), if it enters into an arrangement to do so with S249 the transport provider in question, provided the Assembly consents. [This power was used to bring Docklands Light Railway within the remit of London TravelWatch before it became a subsidiary of TfL, but is not in current use.] LTW has a duty to keep under review matters affecting the interests of the public in GLA Act 1999 relation to rail passenger and station services (including bus substitutions) provided S252A and wholly or partly in the London railway area, to make representations and consult about such matters, and to cooperate with other bodies representing the interests of Explanatory the travelling public in the area. Notes on This provision was inserted by S21 Railways Act 2005 to ensure that London Section 21 TravelWatch retained the functions of a regional rail passengers committee when the Railways Act other regional RPCs were abolished by the 2005 Act, so that there would continue to 2005 be a single representative body for all transport users in London. Passenger Focus as a national body also has this duty in London as elsewhere. The “London railway area” extends from Bedford to Gatwick and Windsor to Dartford. London TravelWatch must investigate any relevant railway matter if it is the subject GLA Act 1999 of a representation by an actual or potential user, or if referred to them by Secretary S252B of State, the Office of Rail Regulation, Passenger Focus, the Assembly or TfL, or if it appears to London TravelWatch that it ought to investigate it. The Secretary of State has the power to exclude particular categories of rail service GLA Act 1999 from one or more of the duties imposed by S 252A to S 252D (which relate to S252E investigations and reports). TfL must inform London TravelWatch about its general plans on services and fares, GLA Act 1999 and must consult it about certain proposals especially those to vary, add to or SS178, 183, discontinue a bus service. 184,186 London TravelWatch must be given notice of and consider any objections to a Railways Act proposal to discontinue all the rail services on a particular line or from a particular 2005 station, where the service(s) is/are provided by TfL or are other rail services wholly S25 and Sch 8 within Greater London. London TravelWatch must report to the Mayor of London on the hardship which will be caused. It is for the Mayor to consent (or otherwise) to the closure proposal. 3 Some of London TravelWatch’s duties also apply to ferry services, to international Various Acts rail services, to the Heathrow Express and to the Croydon Tramlink. Statutory framework for Passenger Focus (PF) The basic duties of the body are set out in the Railways Act 1993 amended by subsequent legislation. Passenger Focus has a duty to investigate any matter which relates to the Railways Act 1993 provision of railway passenger and station services if it is the subject of a S76 representation by an actual or potential user, is referred to it by the Secretary of State, or appears to it to be a matter which it ought to investigate. But it must GLA Act 1999 refer any such representation to London TravelWatch if it relates wholly to the S252B London railway area. Passenger Focus has a duty, so far as it appears expedient from time to time to do Railways Act 1993 so, (a) to keep under review matters affecting the interests of the public in relation S76 (7A) (inserted to railway passenger services and station services; (b) to make representations to, by Transport Act and consult, such persons as it thinks appropriate about those matters; and (c) to 2000) co-operate with other bodies representing the interests of users of public passenger transport services. Passenger Focus can delegate certain duties to other public bodies if the Secretary Railways Act 1993 of State and the other body agree. S76A (inserted by S 20 Railways Act 2005) 14(1) The RPC may do anything that appears to it to be likely to facilitate the Schedule 5 of carrying out of its functions, or to be conducive or incidental to the carrying out of Railways Act 2005 those functions.