Deregulation Bill (HC Bill 5)

(viiia) for or in connection with the provision of railway
passenger services;”.

(5) In paragraph (viiib), at the beginning insert “where that area is in Wales or
Scotland,”.

3 5In section 10(1), paragraphs (vi) and (viza) have effect, until the day on
which the repeal of those provisions in relation to Scotland by section
14(1)(a) of the Railways Act 2005 comes into force, as if for “(ii)” there were
substituted “(ia)(b)”.

4 (1) Section 20 (special duty of certain Executives with respect to railway
10passenger services) is amended as follows.

(2) In paragraph (a) of subsection (2), omit the words from “for the purposes” to
the end of the paragraph.

(3) After subsection (2) insert—

“(2A) For the purposes of subsection (2)(a) “permitted distance”, in relation
15to an integrated transport area or a passenger transport area, means
the distance of 25 miles from the nearest point on the boundary of
that area.”

5 In section 23A (interpretation of certain provisions of this Part relating to
railways), after subsection (1) insert—

“(1A) 20For the purposes of section 10, “railway” has the meaning given in
section 67(1) of the Transport and Works Act 1992.”

6 Section 119 of the Transport Act 1985 (bus substitution services and bus
service conditions) has effect, until the repeal of the section by Part 4 of
Schedule 31 to the Transport Act 2000 comes into force, as if—

(a) 25in subsection (3) the words from “for the purposes” to the end of the
subsection were omitted;

(b) after subsection (5) there were inserted—

“(5A) For the purposes of subsection (3) “permitted distance”, in
relation to a passenger transport area, means the distance of
3025 miles from the nearest point on the boundary of that area.”

7 In section 13 of the Railways Act 2005 (railway functions of Passenger
Transport Executives), in subsection (9), for the words from “has the same
meaning” to the end substitute “, in relation to an integrated transport area,
means the distance of 25 miles from the nearest point on the boundary of
35that area.”

Franchise exemptions granted by Secretary of State: protection of railway assets etc

8 After section 24 of the Railways Act 1993 insert—

“24A Secretary of State franchise exemptions: operator agreements

(1) Conditions specified in an order under section 24 made by the
40Secretary of State may, in particular, include conditions which are to
apply to any person providing services under an operator
agreement.

(2) An order under section 24 made by the Secretary of State may
include provision which, subject to any modifications that the
Secretary of State considers appropriate, has an effect in connection
with operator agreements which corresponds or is similar to the
5effect of the following provisions in connection with franchise
agreements—

(a) section 27(3) of this Act (restrictions on transfer or creation of
security over assets);

(b) section 27(5) of this Act (transactions entered into in breach of
10restrictions to be void);

(c) section 27(6) and (7) of this Act (no execution or other legal
process etc in respect of assets);

(d) section 31 of this Act (disapplication of legislation: security of
tenure of business premises);

(e) 15sections 55 to 58 of this Act (enforcement);

(f) section 12 of, and Schedule 2 to, the Railways Act 2005
(transfer schemes), subject to subsection (4) below.

(3) Provision included in an order by virtue of subsection (2) may be
made by applying the provision in question, subject to any
20modifications that the Secretary of State considers appropriate.

(4) The provision which may be included in an order by virtue of
subsection (2)(f) is subject to the following restrictions—

(a) it is to be provision which applies only where an operator
agreement is or has been in force to which one of the
25following is or was party—

(i) a Passenger Transport Executive,

(ii) a local transport authority, or

(iii) a relevant company;

(b) the person entitled under the provision to make a transfer
30scheme is to be a Passenger Transport Executive or local
transport authority which—

(i) is or was party to the operator agreement, or

(ii) is the owner, or one of the owners, of a relevant
company which is or was party to the operator
35agreement;

(c) the persons to whom assets may be transferred under a
scheme made under the provision are to be—

(i) the Passenger Transport Executive or local transport
authority which makes the scheme;

(ii) 40any other Passenger Transport Executive or local
transport authority which—

(a) is or was party to the operator agreement, or

(b) is the owner, or one of the owners, of a
relevant company which is or was party to the
45operator agreement;

(iii) a relevant company;

(iv) a person who is, or is to be, the operator under an
operator agreement.

(5) In this section—

Deregulation BillPage 122

• “local transport authority” has the same meaning as in Part 2 of
  the Transport Act 2000 (see section 108(4) of that Act);

• “operator agreement” means any agreement which a person
  who has the benefit of a franchise exemption may enter into
  5for another person (“the operator”) to provide the services (or
  any part of the services) in respect of which the exemption is
  granted;

• “Passenger Transport Executive” means a body which is such
  an Executive for the purposes of Part 2 of the Transport Act
  101968;

• “relevant company” means—

  (a)

  a company that is wholly owned by a Passenger
  Transport Executive or a local transport authority, or

  (b)

  a company of which each owner is a Passenger
  15Transport Executive or a local transport authority.”

Minor correcting amendments

9 (1) In section 30 of the Railways Act 1993 (duty of relevant franchising
authority), subsection (3) is amended as follows.

(2) In paragraph (b)—

(a) 20for “notice” substitute “proposal”;

(b) for “the proposal date specified for the purposes of subsection
(5)(a)(ii) of that section” substitute “the date for the discontinuance of
services specified in the proposal”.

(3) In paragraph (c), for “subsection (2)” substitute “subsection (3)”.

Section 33

25SCHEDULE 9 Regulation of the use of roads and railways

Part 1 Permit schemes: removal of requirement for Secretary of State approval

1 Part 3 of the Traffic Management Act 2004 (permit schemes) is amended as
30follows.

2 (1) Section 33 (preparation of permit schemes) is amended as follows.

(2) For subsection (1) substitute—

“(1) A local highway authority in England, or two or more such
authorities acting together, may prepare a permit scheme.

(1A) 35A local highway authority in Wales, or two or more such authorities
acting together, may prepare and submit to the Welsh Ministers a
permit scheme.”

(3) For subsection (2) substitute—

“(2) The Secretary of State may direct a local highway authority in
40England, or two or more such authorities acting together, to prepare

and give effect to a permit scheme which takes such form as the
Secretary of State may direct.

(2A) The Welsh Ministers may direct a local highway authority in Wales,
or two or more such authorities acting together, to prepare and
5submit to them a permit scheme which takes such form as the Welsh
Ministers may direct.”

3 After section 33 insert—

“33A Implementation of local highway authority permit schemes: England

(1) This section applies to a permit scheme prepared by a local highway
10authority in England, or two or more such authorities acting
together, in accordance with section 33(1) or (2).

(2) The scheme shall not have effect in the area of a participating
authority unless the authority gives effect to it by order.

(3) For the purposes of subsection (2) a local highway authority is a
15“participating authority” in relation to a permit scheme if it is the
highway authority for any of the streets in which the scheme is to
control the carrying out of works.

(4) An order under subsection (2)—

(a) must set out the scheme and specify the date on which the
20scheme is to come into effect, and

(b) may (in accordance with permit regulations) include
provisions which disapply or modify enactments to the
extent specified in the order.”

4 (1) Section 34 (implementation of local highway authority permit schemes) is
25amended as follows.

(2) In subsection (1)—

(a) after “prepared” insert “by a local highway authority in Wales”;

(b) for “appropriate national authority (“the authority”)” substitute
“Welsh Ministers”;

(c) 30for “33(1) or (2)” substitute “33(1A) or (2A)”.

(3) In subsection (2), for “authority” substitute “Welsh Ministers”.

(4) In subsection (3), for “it approves” substitute “the Welsh Ministers approve”.

(5) In subsection (4), for “the authority by order gives” substitute “the Welsh
Ministers by order give”.

(6) 35In the heading, at the end insert “: Wales”.

5 For section 36 (variation and revocation of permit schemes) substitute—

“36 Variation and revocation of permit schemes

(1) A local highway authority in England may by order vary or revoke
a permit scheme to the extent that it has effect in the area of the
40authority by virtue of an order made by the authority under section
33A(2).

(2) The Secretary of State may direct a local highway authority in
England to vary or revoke a permit scheme by an order under
subsection (1).

(3) An order made by a local highway authority under subsection (1)
5may vary or revoke an order made by the authority under section
33A(2), or an order previously made by the authority under
subsection (1).

(4) The Welsh Ministers may by order vary or revoke any permit scheme
which for the time being has effect by virtue of an order made by
10them under section 34(4) or 35(2).

(5) An order under subsection (4) may vary or revoke an order made by
the Welsh Ministers under section 34(4) or 35(2), or an order
previously made under subsection (4).

(6) The Secretary of State may by order vary or revoke any permit
15scheme which for the time being has effect by virtue of an order
made by the Secretary of State under section 35(2).

(7) An order under subsection (6) may vary or revoke an order made by
the Secretary of State under section 35(2), or an order previously
made under subsection (6).

(8) 20An order under subsection (4) or (6) may relate to one or more permit
schemes.

(9) An order under this section may (in accordance with permit
regulations) include provisions which disapply or modify
enactments to the extent specified in the order.”

6 (1) 25Section 37 (permit regulations) is amended as follows.

(2) In subsection (1)—

(a) for “appropriate national authority” substitute “Secretary of State”;

(b) omit “submission, approval,”;

(c) at the end insert “prepared by local highway authorities in England
30under section 33(1) or (2) or by the Secretary of State under section
33(3) or (4)”.

(3) After subsection (1) insert—

“(1A) The Welsh Ministers may by regulations (“permit regulations”)
make provision with respect to the content, preparation, submission,
35approval, operation, variation or revocation of permit schemes
prepared by local highway authorities in Wales under section 33(1A)
or (2A) or by the Welsh Ministers under section 33(3).”

(4) After subsection (3) insert—

“(3A) Permit regulations made by the Secretary of State may impose
40requirements for the purpose of securing that permit schemes are
kept under review.”

7 (1) Section 39 (interpretation of Part 3) is amended as follows.

(2) In subsection (1), in paragraph (b) of the definition of “the appropriate
national authority”, for “National Assembly for Wales” substitute “Welsh
45Ministers”.

(3) In subsection (3), after “power” insert “of the Secretary of State or the Welsh
Ministers”.

(4) After subsection (5) insert—

“(6) A statutory instrument containing regulations under this Part made
5by the Welsh Ministers is subject to annulment in pursuance of a
resolution of the National Assembly for Wales.”

8 (1) This paragraph applies to a permit scheme prepared by a local highway
authority in England which, by virtue of an order made by the Secretary of
State under section 34(4) of the Traffic Management Act 2004, has effect
10immediately before the date on which paragraphs 1 to 7 come into force.

(2) On and after that date, the scheme is to be treated as if it had effect by virtue
of an order made by the local highway authority under section 33A(2) of that
Act.

Part 2 15Road humps

9 The Highways Act 1980 is amended as follows.

10 In section 90A (construction of road humps by highway authority), in
subsection (1)(b), for “the Secretary of State” substitute “the appropriate
national authority”.

11 (1) 20Section 90B (additional powers of Secretary of State and Welsh Ministers) is
amended as follows.

(2) In subsection (1)—

(a) in the opening words, for “Secretary of State” substitute “Welsh
Ministers”;

(b) 25in the opening words, for “he is” substitute “they are”;

(c) in paragraph (b), for “him” substitute “them”;

(d) in the closing words, for “him” substitute “them”.

(3) In subsection (3)—

(a) for “Secretary of State”, in the first place those words occur,
30substitute “Welsh Ministers”;

(b) for “Secretary of State has” substitute “Welsh Ministers have”.

(4) In subsection (4), for “Secretary of State” substitute “Welsh Ministers”.

(5) In subsection (5), for “Secretary of State so directs” substitute “Welsh
Ministers so direct”.

(6) 35In subsection (6)—

(a) for “Secretary of State” substitute “Welsh Ministers”;

(b) for “his” substitute “their”.

(7) In the heading, for “Secretary of State” substitute “Welsh Ministers”.

12 (1) Section 90C (road humps: consultation and local inquiries) is amended as
40follows.

(2) In subsection (1)—

(a) for the words from “Where the Secretary of State” to “he or they”
substitute “Where a highway authority proposes to construct a road
hump under section 90A, or the Welsh Ministers propose to
construct a road hump under section 90B, the highway authority or
5the Welsh Ministers (as the case may be)”;

(b) omit paragraph (a) and the “and” following it;

(c) in paragraph (b)—

(i) omit “other”;

(ii) for “the Secretary of State” substitute “the appropriate
10national authority”.

(3) For subsection (2) substitute—

“(2) The highway authority or the Welsh Ministers (as the case may be)
shall also comply with such requirements as may be specified in
regulations made by the appropriate national authority in relation
15to—

(a) the publication of—

(i) details of proposals to construct road humps, and

(ii) procedures for making objections to such proposals,
and

(b) 20procedures for dealing with such objections.

(2A) Regulations under subsection (2)(b) may, in particular, contain
provision about—

(a) local inquiries in relation to proposals to construct road
humps, and

(b) 25the application of subsections (2) to (5) of section 250 of the
Local Government Act 1972 in relation to such inquiries,
subject to such modifications as may be specified in the
regulations.”

(4) Omit subsections (3) to (5).

(5) 30In subsection (6)—

(a) for “the Secretary of State” substitute “the appropriate national
authority”;

(b) for “he” substitute “it”.

13 (1) Section 90D (regulations concerning construction and maintenance of road
35humps) is amended as follows.

(2) In subsection (1)—

(a) for “The Secretary of State” substitute “The appropriate national
authority”;

(b) for “him” substitute “the appropriate national authority”.

(3) 40In subsection (3)—

(a) for “the Secretary of State” substitute “the appropriate national
authority”;

(b) for “he” substitute “it”.

(4) In subsection (4)—

(a) 45for “the Secretary of State” substitute “the appropriate national
authority”;

(b) for “him” substitute “the appropriate national authority”.

14 (1) Section 90E (status of road humps) is amended as follows.

(2) In subsection (1B)(a), for “the Secretary of State” substitute “the appropriate
national authority”.

(3) 5In subsection (2), in paragraph (a), for “the Secretary of State” substitute “the
appropriate national authority”.

15 In section 90F (meaning of “road hump” and interpretation of sections 90A
to 90E), in subsection (2), after “In sections 90A to 90E above—” insert—

• ““the appropriate national authority” means—

  (a)

  10the Secretary of State, in relation to England;

  (b)

  the Welsh Ministers, in relation to Wales;”.

16 After section 90F insert—

“90FA Regulations under sections 90C and 90D

(1) Regulations under section 90C or 90D are to be made by statutory
15instrument.

(2) Regulations under section 90C or 90D may—

(a) include incidental, supplementary, consequential or
transitional provision or savings;

(b) make different provision for different purposes.

(3) 20A statutory instrument containing regulations made by the Secretary
of State under section 90C or 90D is subject to annulment in
pursuance of a resolution of either House of Parliament.

(4) A statutory instrument containing regulations made by the Welsh
Ministers under section 90C or 90D is subject to annulment in
25pursuance of a resolution of the National Assembly for Wales.”

17 In section 325 (provisions as to regulations, schemes and orders), after
subsection (2A) insert—

“(2B) This section does not apply to regulations under section 90C or 90D
(see section 90FA for provision about such regulations).”

30Part 3 Pedestrian crossings: removal of requirement to inform Secretary of State

18 In section 23(2) of the Road Traffic Regulation Act 1984—

(a) omit paragraph (c) (which requires that the Secretary of State or, in
relation to Wales, the Welsh Ministers be informed in writing before
35certain pedestrian crossings are established or removed etc);

(b) omit the “and” before that paragraph.

Part 4 Off-road motoring events

19 In section 13A(1) of the Road Traffic Act 1988 (list of motoring offences
which do not apply for authorised off-road motoring events), after “2” insert
5“, 2B”.

Part 5 Testing of vehicles

20 In section 52 of the Road Traffic Act 1988 (supplementary provisions about
tests etc of goods vehicles), in subsection (2) (which confers power on the
10Secretary of State to provide and maintain stations and apparatus for the
carrying out of examinations of certain goods vehicles), for the words from
“provide and maintain” to the end of the subsection substitute “—

(a) provide and maintain stations where examinations of goods
vehicles under regulations under section 49 or under section
1550 of this Act may be carried out,

(b) designate premises as stations where such examinations may
be carried out, and

(c) provide and maintain apparatus for the carrying out of such
examinations.”

21 (1) 20Section 46 of that Act (provision which may be included in regulations
under section 45 of that Act about tests of the condition of vehicles other than
certain goods vehicles) is amended as follows.

(2) In subsection (1), after paragraph (j) insert—

“(ja) the charges to be paid to the Secretary of State by persons
25occupying premises designated under section 8(3)(b) of the
Public Passenger Vehicles Act 1981 as stations where
inspections of public service vehicles may be carried out
where the charges are in connection with—

(i) the provision by the Secretary of State of vehicle
30examiners to examine public service vehicles on the
premises,

(ii) the issue of test certificates or notifications of the
refusal of test certificates in respect of examinations of
public service vehicles carried out on the premises,

(iii) 35the issue of duplicates or copies of test certificates
issued in respect of such examinations, and

(iv) the correction of errors in test certificates so issued,”.

(3) In that subsection, omit the “and” at the end of paragraph (k) and insert—

“(ka) the keeping by persons mentioned in paragraph (ja) of
40registers of test certificates in the prescribed form and
containing the prescribed particulars, and the inspection of
such registers by such persons and in such circumstances as
may be prescribed,”.

(4) In that subsection, after paragraph (l) insert “, and

(m) the keeping of records by persons mentioned in paragraph
(ja) and the providing by them of returns and information to
the Secretary of State.”

(5) 5In subsection (4), after “subsection (1)(j)” insert “or (ja)”.

22 (1) Section 51 of that Act (particular aspects of regulations under section 49 of
that Act dealing with the testing of certain goods vehicles etc) is amended as
follows.

(2) In subsection (1), after paragraph (k) insert—

“(ka) 10make provision as to the charges to be paid to the Secretary
of State by persons occupying premises designated under
section 52(2)(b) as stations where examinations of goods
vehicles may be carried out where the charges are in
connection with—

(i) 15the provision by the Secretary of State of vehicle
examiners to examine goods vehicles on the premises,

(ii) the issue of test certificates or notifications of the
refusal of test certificates in respect of examinations of
goods vehicles carried out on the premises,

(iii) 20the issue of duplicates or copies of test certificates
issued in respect of such examinations, and

(iv) the correction of errors in test certificates so issued,”.

(3) In that subsection, after paragraph (ka) (as inserted by sub-paragraph (2))
insert—

“(kb) 25make provision as to the keeping by persons mentioned in
paragraph (ka) of registers of test certificates in the
prescribed form and containing the prescribed particulars,
and the inspection of such registers by such persons and in
such circumstances as may be prescribed,

(kc) 30make provision as to the keeping of records by persons
mentioned in paragraph (ka) and the providing by them of
returns and information to the Secretary of State,”.

(4) After subsection (1) insert—

“(1A) The provision which may be made by virtue of subsection (1)(ka)
35above includes provision requiring—

(a) the making to the Secretary of State at prescribed times of
payments, of such amounts as may be determined by him in
accordance with regulations, on account of charges that may
become payable, and

(b) 40where forms for test certificates and notifications of the
refusal of test certificates are supplied by the Secretary of
State, the payment to him of charges for the supply of such
forms,

and for the repayment, in prescribed circumstances, of such
45payments received by the Secretary of State.”