Session 2016-17
Internet Publications
Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 8 March 2017

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 19-32, NC2-NC6

 

Public Bill Committee


 

Bus Services Bill [Lords]


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Order to be proposed by Andrew Jones.

 


 

Andrew Jones

 

To move, That the Bill be considered in the following order: Clauses 1 and 2; Schedule

 

1; Clauses 3 to 6; Schedule 2; Clauses 7 and 8; Schedule 3; Clauses 9 to 15; Schedule 4;

 

Clauses 16 to 21; new Clauses; new Schedules; Clauses 22 to 26; remaining proceedings

 

on the Bill.

 


 

Andrew Jones

 

That, subject to the discretion of the Chair, any written evidence received by the

 

Committee shall be reported to the House for publication.

 



 
 

Notices of Amendments: 8 March 2017                     

2

 

Bus Services Bill-[Lords], continued

 
 

Andrew Jones

 

1

 

Clause  1,  page  2,  line  43,  leave out from beginning to end of line 4 on page 3

 

Member’s explanatory statement

 

This amendment removes an order-making power under which the Secretary of State may confer

 

on a local transport authority with an advanced quality partnership scheme power to enforce

 

traffic offences.

 

Andrew Jones

 

2

 

Clause  1,  page  4,  leave out lines 37 to 42

 

Member’s explanatory statement

 

This amendment removes a requirement that, under an advanced quality partnership scheme, new

 

buses providing local services must meet eligibility requirements contained in the “Low Emission

 

Bus Scheme” (a programme of grants to support the use of low and ultra-low emission vehicles),

 

where the vehicle comes into service after 1 April 2019.

 

Andrew Jones

 

3

 

Clause  1,  page  6,  leave out line 1

 

Member’s explanatory statement

 

This amendment and amendment 4 remove a requirement to consult representatives of employees

 

of affected bus operators about a proposed advanced quality partnership scheme. The

 

representatives must be representatives of a trade union recognised by bus operators or, if there

 

are no such representatives, appointed or elected representatives of the employees.

 

Andrew Jones

 

4

 

Clause  1,  page  6,  leave out lines 8 to 16

 

Member’s explanatory statement

 

See the explanatory statement for amendment 3.

 


 

Andrew Jones

 

5

 

Clause  4,  page  15,  line  11,  at end insert—

 

    

“But each of paragraphs (b) to (f) has effect only if the Secretary of State by

 

regulations so provides.”

 

Member’s explanatory statement

 

This amendment enables the Secretary of State to control the bodies, other than mayoral combined

 

authorities, that may introduce franchising schemes. The Secretary of State must make provision

 

by regulations before county councils and other authorities in England referred to in paragraphs

 

(b) to (f) may be franchising authorities.


 
 

Notices of Amendments: 8 March 2017                     

3

 

Bus Services Bill-[Lords], continued

 
 

Daniel Zeichner

 

Lilian Greenwood

 

Nic Dakin

 

19

 

Parliamentary Star    

Clause  4,  page  15,  line  24,  at end insert—

 

“(6A)    

The terms as to standard of service that may be specified include terms about bus

 

punctuality and bus journey speeds.”

 

Member’s explanatory statement

 

This amendment specifies that a local service contract may require bus operators to meet

 

standards of service including terms about bus punctuality and bus journey speeds.

 

Andrew Jones

 

6

 

Clause  4,  page  15,  leave out lines 41 to 45

 

Member’s explanatory statement

 

This amendment removes a requirement that, under a franchising scheme, new buses providing

 

local services must meet eligibility requirements contained in the “Low Emission Bus Scheme” (a

 

programme of grants to support the use of low and ultra-low emission vehicles), where the vehicle

 

comes into service after 1 April 2019.

 

Daniel Zeichner

 

Lilian Greenwood

 

Nic Dakin

 

20

 

Parliamentary Star    

Clause  4,  page  15,  line  45,  at end insert—

 

“(12)    

A local service contract may require that new vehicles delivering local services

 

are equipped with Wi-Fi if the vehicle comes into service after 1st April 2019 and

 

that existing vehicles are equipped by 1st April 2022.”

 

Member’s explanatory statement

 

This amendment specifies that a local service contract may require new vehicles delivering local

 

bus services to be equipped with Wi-Fi after a specified period.

 

Daniel Zeichner

 

Lilian Greenwood

 

Nic Dakin

 

21

 

Parliamentary Star    

Clause  4,  page  16,  line  30,  at end insert—

 

“(3A)    

An award of any new franchise or contract shall not be made on the basis of

 

labour costs estimated by the potential franchisee or contractor assuming labour

 

costs for new employees at less than the labour cost of workers who are covered

 

by TUPE protections in accordance with section 123X transferring to the new

 

franchisee or contractor.” 

 

Member’s explanatory statement

 

This amendment would ensure that any new franchise or contract will not be awarded on the basis

 

of estimated labour costs being lower for new employees than the labour cost of workers covered

 

by TUPE protections.

 

Andrew Jones

 

7

 

Clause  4,  page  16,  line  41,  at end insert—

 

“( )    

A franchising authority or authorities may not prepare an assessment of a

 

proposed franchising scheme under section 123B unless the Secretary of State

 

consents to their doing so.


 
 

Notices of Amendments: 8 March 2017                     

4

 

Bus Services Bill-[Lords], continued

 
 

( )    

The Secretary of State’s consent is not required if the proposed scheme relates

 

only to—

 

(a)    

the area of a mayoral combined authority, or

 

(b)    

the combined area of two or more mayoral combined authorities.

 

( )    

The Secretary of State must publish a notice of a consent given under this

 

section.”

 

Member’s explanatory statement

 

This amendment allows the Secretary of State to control the introduction of franchising schemes

 

by bodies other than mayoral combined authorities. The Secretary of State must give consent

 

before such a franchising authority may take the preliminary step of preparing an assessment.

 

Andrew Jones

 

8

 

Clause  4,  page  18,  leave out line 3

 

Member’s explanatory statement

 

This amendment and amendment 9 remove a requirement to consult representatives of employees

 

of affected bus operators about a proposed franchising scheme. The representatives must be

 

representatives of a trade union recognised by bus operators or, if there are no such

 

representatives, appointed or elected representatives of the employees.

 

Andrew Jones

 

9

 

Clause  4,  page  18,  leave out lines 12 to 20

 

Member’s explanatory statement

 

See the explanatory statement for amendment 8.

 

Daniel Zeichner

 

Lilian Greenwood

 

Nic Dakin

 

22

 

Parliamentary Star    

Clause  4,  page  18,  line  16,  leave out “advanced quality partnership scheme” and

 

insert “franchising scheme.”

 

Member’s explanatory statement

 

This amendment would amend a provision in the franchising scheme section that refers to

 

advanced quality partnership schemes.

 

Daniel Zeichner

 

Lilian Greenwood

 

Nic Dakin

 

23

 

Parliamentary Star    

Clause  4,  page  20,  line  11,  leave out “six months” and insert “112 days.” 

 

Member’s explanatory statement

 

This amendment states that a scheme may not specify a period of less than 112 days for its start

 

date following the notice that the local service contract has been awarded by the franchising

 

authority.

 

Andrew Jones

 

10

 

Clause  4,  page  24,  line  41,  leave out “21” and insert “(Bus companies: limitation of

 

powers of authorities in England)”

 

Member’s explanatory statement

 

This amendment is consequential on amendment NC1.


 
 

Notices of Amendments: 8 March 2017                     

5

 

Bus Services Bill-[Lords], continued

 
 

Daniel Zeichner

 

Lilian Greenwood

 

Nic Dakin

 

24

 

Parliamentary Star    

Clause  4,  page  32,  line  47,  at end insert—

 

“123Y

 Compensation liability

 

Where a bus operator brings a successful legal challenge for compensation

 

against a relevant franchising authority, central government shall be liable for any

 

financial penalty imposed by the court on the franchising authority.”

 

Member’s explanatory statement

 

This amendment specifies that central Government shall bear the financial risk of legal challenges

 

brought against franchising authorities by bus operators.

 

Daniel Zeichner

 

Lilian Greenwood

 

Nic Dakin

 

25

 

Parliamentary Star    

Clause  4,  page  32,  line  47,  at end insert—

 

“123Y

 Employees not covered by TUPE protections

 

Employees of local bus service providers who are not covered by TUPE

 

protections may not be employed on terms and conditions less favourable than

 

those provided by TUPE.” 

 

Member’s explanatory statement

 

This amendment would ensure that employees working under local service contracts not covered

 

by TUPE protections may not be employed on terms and conditions less favourable than those

 

provided by TUPE.

 

Daniel Zeichner

 

Lilian Greenwood

 

Nic Dakin

 

26

 

Parliamentary Star    

Clause  4,  page  32,  line  47,  at end insert—

 

“123Z

 Effect on employees of introduction of local service contract

 

(1)    

Where, either before or after the introduction of a local service contract following

 

an assessment under section 123B, any employee of an operator in the area to

 

which the scheme relates is dismissed, that employee is to be treated for the

 

purposes of Part 10 of the Employment Rights Act 1996 as unfairly dismissed if

 

the sole or principal reason for the dismissal is the introduction of the relevant

 

local service contract.

 

(2)    

Subsection (1) applies whether or not the employee in question was part of an

 

organised grouping of employees principally connected with the provision of

 

local services, under section 123X(4).


 
 

Notices of Amendments: 8 March 2017                     

6

 

Bus Services Bill-[Lords], continued

 
 

(3)    

Where section 123X(4) applies, a new operator may not engage employees or

 

workers on terms and conditions less favourable than those of the employees

 

whose employment transferred from the former operator.”

 

Member’s explanatory statement

 

This amendment would make dismissal of an employee for the sole or principal reason of the

 

introduction of a franchising scheme automatically unfair dismissal.

 


 

Andrew Jones

 

17

 

Schedule  2,  page  84,  line  35,  leave out “123A(4)(b) to (f)” and insert “123A(4)”

 

Member’s explanatory statement

 

This amendment and amendment 18 correct cross-references to text inserted by clause 4.

 


 

Andrew Jones

 

11

 

Clause  9,  page  42,  leave out lines 15 to 20

 

Member’s explanatory statement

 

This amendment removes a requirement that, under an enhanced partnership scheme, new buses

 

providing local services must meet eligibility requirements contained in the “Low Emission Bus

 

Scheme” (a programme of grants to support the use of low and ultra-low emission vehicles), where

 

the vehicle comes into service after 1 April 2019.

 

Daniel Zeichner

 

Lilian Greenwood

 

Nic Dakin

 

27

 

Parliamentary Star    

Clause  9,  page  44,  line  33,  at end insert—

 

“(i)    

appropriate representatives of any affected employees”

 

Member’s explanatory statement

 

This amendment would make appropriate representatives of any affected employees statutory

 

consultees when a local authority is consulting on a proposed enhanced partnership.

 

Daniel Zeichner

 

Lilian Greenwood

 

Nic Dakin

 

28

 

Parliamentary Star    

Clause  9,  page  44,  line  33,  at end insert—

 

“(6A)    

In subsection (6) (i) “appropriate representatives of any affected employees”

 

means—

 

(a)    

representatives of a recognised trade union, if an independent trade union

 

is recognised by existing operators in the area of the proposed franchising

 

scheme; or

 

(b)    

in any other case, employee representatives appointed or elected by the

 

affected employees who have authority from those employees to receive

 

information and be consulted on their behalf.”

 

Member’s explanatory statement

 

This amendment specifies what is meant by the term “appropriate representatives of any affected

 

employees” in Amendment 27.


 
 

Notices of Amendments: 8 March 2017                     

7

 

Bus Services Bill-[Lords], continued

 
 

Daniel Zeichner

 

Lilian Greenwood

 

Nic Dakin

 

29

 

Parliamentary Star    

Clause  9,  page  60,  line  16,  at end insert—

 

“138T

 Employees not covered by TUPE protections

 

Employees of local bus service providers who are not covered by TUPE

 

protections may not be employed on terms and conditions less favourable than

 

those provided by TUPE.”

 

Member’s explanatory statement

 

This amendment would ensure that employees working under enhanced partnership schemes not

 

covered by TUPE protections may not be employed on terms and conditions less favourable than

 

those provided by TUPE.

 


 

Daniel Zeichner

 

Lilian Greenwood

 

Nic Dakin

 

30

 

Parliamentary Star    

Clause  14,  page  69,  line  22,  at end insert—

 

“(5)    

After section 6I insert—

 

“6J    

Community bus routes

 

(1)    

Traffic Commissioners must keep a list of bus routes in their area which

 

are of community value.

 

(2)    

For the purpose of this section, a bus route of community value is one that

 

has been designated by the traffic commissioner as furthering the social

 

well-being or social interests of the local community.

 

(3)    

Bus routes may only be designated by a traffic commissioner as being of

 

community value in response to a community nomination.

 

(4)    

A community nomination must be made by a community group which is

 

based in, or has a strong connection with, an area through which the bus

 

route passes, and on which community the bus route has a direct social

 

impact.

 

(5)    

A community group may be, for example—

 

(a)    

a local or parish council;

 

(b)    

a voluntary or community body with a local connection;

 

(c)    

a bus user group;

 

(d)    

a group formed for the specific purpose of maintaining the bus

 

route;

 

(e)    

a church or other religious group, or

 

(f)    

a parent teacher group associated with a particular school or

 

schools.


 
Back to StartNext
 

Revised 08 March 2017