Session 2016-17
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 23 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: 2-28, NC4

 

Consideration of Bill (Report Stage)


 

Bus Services Bill [Lords], As Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end.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

 

order in which they relate to the Bill.

 

 


 

Andy McDonald

 

Daniel Zeichner

 

Pat Glass

 

Richard Burden

 

NC1

 

To move the following Clause—

 

         

“National strategy

 

(1)    

The Secretary of State must, within 12 months of the day on which this Act is

 

passed, publish a national strategy for local bus services setting out the objectives,

 

targets and funding provisions for rural, urban and inter-urban local bus services

 

in the ten years after Royal Assent is given to this Act.


 
 

Notices of Amendments: 23 March 2017                  

2

 

Bus Services Bill-[Lords], continued

 
 

(2)    

The national strategy must include a consideration of a reduced fare

 

concessionary scheme for young people aged 16 to 19.”

 

Member’s explanatory statement

 

This new clause would require the Secretary of State to publish a national strategy for buses.

 


 

John Pugh

 

NC2

 

To move the following Clause—

 

         

“Report on the provision of concessionary bus travel to apprentices aged 16

 

to 18

 

(1)    

The Secretary of State must, within 12 months of the day on which this Act is

 

passed, lay a report before each House of Parliament setting out possible steps to

 

support local transport authorities in providing concessionary bus travel to

 

persons aged 16 to 18 who are participating in statutory apprenticeships.

 

(2)    

Any report under subsection (1) shall include, but will not be limited to, an

 

evaluation of whether section 93(7) of the Transport Act 1985 should be amended

 

to enable local transport authorities to provide concessionary bus travel to persons

 

aged 16 to 18 who are participating in statutory apprenticeships on the same terms

 

as that which may be provided to persons aged 16 to 18 receiving full-time

 

education.

 

(3)    

In this section—

 

(a)    

“local transport authorities” has the meaning given in section 108(4) of

 

the Transport Act 2000; and

 

(b)    

“statutory apprenticeships” has the meaning given in section A11 of the

 

Apprenticeships, Skills, Children and Learning Act 2009.”

 

Member’s explanatory statement

 

This new clause would require the Secretary of State to publish a report setting out possible steps

 

to support local transport authorities to provide concessionary bus travel to apprentices aged 16

 

to 18.

 


 

John Pugh

 

NC3

 

To move the following Clause—

 

         

“Assessment of possible concessionary travel schemes: impact on use of bus

 

services

 

(1)    

A local transport authority that does not provide travel concessions under a

 

scheme established under section 93 of the Transport Act 1985 to persons

 

specified in subsection (7)(c) of that section shall be required to prepare an

 

assessment of the impact of establishing such a scheme on the use of bus services

 

by persons specified in that subsection.

 

(2)    

Any assessment under subsection (1) shall consider, but will not be limited to, the

 

impact of establishing such a scheme on—

 

(a)    

the ability of persons aged 16 to 18 to attend schools and further

 

education institutions by means of bus travel,


 
 

Notices of Amendments: 23 March 2017                  

3

 

Bus Services Bill-[Lords], continued

 
 

(b)    

the cost of bus travel to persons aged 16 to 18 receiving full-time

 

education, and

 

(c)    

traffic congestion and emissions at peak times in the local transport

 

authority’s area.

 

(3)    

In this section—

 

(a)    

“travel concessions” has the meaning given in section 112 (1)(f) of the

 

Transport Act 1985; and

 

(b)    

“local transport authority” has the meaning given in section 108(4) of the

 

Transport Act 2000.”

 

Member’s explanatory statement

 

This new clause would require local transport authorities to assess how creating an authority-wide

 

travel concession scheme for 16 to 18-year-olds in full-time education would affect how these

 

students use bus services.

 


 

Ian Mearns

 

NC4

 

Parliamentary Star    

To move the following Clause—

 

         

“Bus safety

 

(1)    

An operator of a local service may not participate in any scheme under sections

 

1, 4, 7 or 9 of this Act, and an authority or authorities may not approve the

 

participation of an operator as part of any such scheme, unless the operator has

 

given a written undertaking to the applicable authority or authorities that—

 

(a)    

it has subscribed to the Confidential Incident Reporting and Analysis

 

System (CIRAS) and that it has made all possible efforts to ensure that

 

all staff of the operator have been made aware of their right to use CIRAS

 

as a confidential reporting channel in respect of any safety concerns,

 

(b)    

it will collect and monitor bus casualty data in a manner to be prescribed

 

by the applicable authority or authorities from time to time, and

 

(c)    

it will make its bus casualty data available to the applicable authority or

 

authorities by way of a report on at least a monthly basis.

 

(2)    

The authority or authorities must publish on their own website every quarter the

 

bus casualty data that they have collected from operators.”

 

Member’s explanatory statement

 

This new clause would require bus operators taking part in any scheme to subscribe to the

 

Confidential Incident Reporting and Analysis System and to make bus casualty data available to

 

local authorities at least monthly. It would also require local authorities to publish that data

 

quarterly.

 

 


 

Sir Henry Bellingham

 

Mike Wood

 

Mrs Theresa Villiers

 

14

 

Parliamentary Star    

Clause  4,  page  14,  line  13,  at end insert—

 

“(2A)    

A franchising scheme may not be made unless the franchising authority can

 

demonstrate that the benefits for passengers could not be provided by a quality


 
 

Notices of Amendments: 23 March 2017                  

4

 

Bus Services Bill-[Lords], continued

 
 

partnership scheme, an advanced quality partnership scheme or an enhanced

 

partnership scheme.”

 

Member’s explanatory statement

 

This amendment would ensure that a Local Transport Authority cannot make a franchise scheme

 

if the passenger benefits can be provided by a quality partnership scheme, an advanced quality

 

partnership scheme or an enhanced partnership scheme.

 

Sir Henry Bellingham

 

Mike Wood

 

Mrs Theresa Villiers

 

Mr Graham Brady

 

16

 

Parliamentary Star    

Clause  4,  page  15,  leave out line 36 and insert—

 

“(3)    

A franchising authority or authorities shall consider an assessment and shall not

 

proceed with the proposed scheme unless it is satisfied that—”

 

Member’s explanatory statement

 

This amendment and amendments 17 to 23 would tighten the criteria against which an authority

 

must consider a franchise proposal.

 

Sir Henry Bellingham

 

Mike Wood

 

Mrs Theresa Villiers

 

Mr Graham Brady

 

17

 

Parliamentary Star    

Clause  4,  page  15,  line  37,  leave out “whether”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 16.

 

Sir Henry Bellingham

 

Mike Wood

 

Mrs Theresa Villiers

 

Mr Graham Brady

 

18

 

Parliamentary Star    

Clause  4,  page  15,  line  43,  leave out “whether”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 16.

 

Sir Henry Bellingham

 

Mike Wood

 

Mrs Theresa Villiers

 

Mr Graham Brady

 

19

 

Parliamentary Star    

Clause  4,  page  16,  line  1,  at beginning insert “they know”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 16.

 

Sir Henry Bellingham

 

Mike Wood

 

Mrs Theresa Villiers

 

Mr Graham Brady

 

20

 

Parliamentary Star    

Clause  4,  page  16,  line  3,  leave out “whether”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 16.


 
 

Notices of Amendments: 23 March 2017                  

5

 

Bus Services Bill-[Lords], continued

 
 

Sir Henry Bellingham

 

Mike Wood

 

Mrs Theresa Villiers

 

Mr Graham Brady

 

21

 

Parliamentary Star    

Clause  4,  page  16,  line  5,  leave out “whether”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 16.

 

Sir Henry Bellingham

 

Mike Wood

 

Mrs Theresa Villiers

 

Mr Graham Brady

 

22

 

Parliamentary Star    

Clause  4,  page  16,  line  7,  leave out “the extent to which”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 16.

 

Sir Henry Bellingham

 

Mike Wood

 

Mrs Theresa Villiers

 

Mr Graham Brady

 

23

 

Parliamentary Star    

Clause  4,  page  16,  line  7,  leave out “are likely to” and insert “will”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 16.

 

Sir Henry Bellingham

 

Mike Wood

 

Mrs Theresa Villiers

 

15

 

Parliamentary Star    

Clause  4,  page  16,  line  9,  at end insert—

 

“(g)    

the specific passenger benefits that would result from a franchise scheme,

 

with an explanation of why those benefits could not be delivered by a

 

quality partnership scheme, an advanced quality partnership scheme or

 

an enhanced partnership scheme.”

 

Member’s explanatory statement

 

This amendment would require a franchise assessment to specify the benefits of the proposed

 

scheme for passengers and to explain why these benefits cannot be delivered by a quality

 

partnership scheme, an advanced quality partnership scheme, or an enhanced partnership

 

scheme.

 

Sir Henry Bellingham

 

Mike Wood

 

24

 

Parliamentary Star    

Clause  4,  page  16,  line  9,  at end insert—

 

“(g)    

whether the proposed scheme would be more efficient, effective and

 

economic than any other option, taking into account any compensation

 

payable to bus operators whose businesses would be wholly or partially

 

expropriated by the scheme.”

 

Member’s explanatory statement

 

This amendment would ensure that the value for money test of a franchise scheme must factor in

 

the cost of compensation to bus operators who lose part or all of their business as a result of a

 

franchise.


 
 

Notices of Amendments: 23 March 2017                  

6

 

Bus Services Bill-[Lords], continued

 
 

Secretary Chris Grayling

 

Sir Henry Bellingham

 

Mike Wood

 

Mrs Theresa Villiers

 

Mr Graham Brady

 

2

 

Parliamentary Star    

Clause  4,  page  16,  line  38,  after “an” insert “independent”

 

Member’s explanatory statement

 

This amendment and amendment 4 make plain the status of the persons who may audit an

 

assessment under section 123B produced by a franchising authority or authorities.

 

Secretary Chris Grayling

 

3

 

Parliamentary Star    

Clause  4,  page  17,  line  2,  at end insert—

 

“( )    

The Secretary of State must issue guidance as to the matters to be taken into

 

account by a franchising authority when selecting a person to act as an auditor.

 

( )    

Franchising authorities must have regard to any such guidance.

 

( )    

The Secretary of State must issue guidance concerning the matters to be taken

 

into account by an auditor when forming an opinion as to whether the information

 

relied on, and the analysis of that information, by an authority is of sufficient

 

quality for the purposes of subsection (2).

 

( )    

Auditors must have regard to any such guidance.”

 

Member’s explanatory statement

 

This amendment imposes duties on the Secretary of State to issue guidance on the matters to be

 

taken into account by a franchising authority when selecting a person to act as an auditor and to

 

issue guidance on whether the information relied on, and the analysis of that information, by an

 

authority is of sufficient quality. It also imposes duties on franchising authorities and auditors to

 

have regard to any such guidance.

 

Secretary Chris Grayling

 

4

 

Parliamentary Star    

Clause  4,  page  17,  leave out line 3 and insert “For the purposes of this section an

 

auditor is independent, in relation to an assessment of a proposed franchising scheme, if

 

the person would not”

 

Member’s explanatory statement

 

See explanatory statement for amendment 2.

 

Sir Henry Bellingham

 

Mike Wood

 

Mrs Theresa Villiers

 

Mr Graham Brady

 

25

 

Parliamentary Star    

Clause  4,  page  17,  line  7,  at end insert—

 

“(3A)    

A person may not act as an auditor under this section if the person or company

 

for whom the person is employed has been an auditor for the franchising authority

 

at any time in the previous five years or has had any other commercial

 

relationship with the franchising authority at any time in the previous five years.”

 

Member’s explanatory statement

 

This amendment would ensure that any auditor appointed by the franchising authority had no

 

commercial interest or association with the franchising authority which might create, or might be

 

perceived to create, a conflict of interest.


 
 

Notices of Amendments: 23 March 2017                  

7

 

Bus Services Bill-[Lords], continued

 
 

Secretary Chris Grayling

 

5

 

Parliamentary Star    

Clause  4,  page  17,  line  8,  leave out from “person” to end of line 9 and insert

 

“eligible for appointment as a local auditor by virtue of Chapter 2 of”

 

Member’s explanatory statement

 

This amendment alters the definition of “auditor” so that it means an individual or firm eligible

 

for appointment as a local auditor by virtue of Chapter 2 of Part 42 of the Companies Act 2006 as

 

modified by the Local Audit and Accountability Act 2014.

 

Ian Mearns

 

6

 

Parliamentary Star    

Clause  4,  page  19,  line  37,  at end insert—

 

“(4A)    

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.

 

Sir Henry Bellingham

 

Mike Wood

 

Mrs Theresa Villiers

 

26

 

Parliamentary Star    

Clause  4,  page  20,  line  24,  after “(or further postponed)” insert “or cancelled”

 

Sir Henry Bellingham

 

Mike Wood

 

Mrs Theresa Villiers

 

27

 

Parliamentary Star    

Clause  4,  page  20,  line  24,  at end insert—

 

“(1A)    

If an authority or authorities decide to cancel a proposed franchising scheme

 

under subsection (1) they may not initiate a revised or alternative franchising

 

scheme until the end of the period of five years beginning with the date on which

 

the decision to postpone the original scheme was taken.”

 

Member’s explanatory statement

 

This amendment would provide greater certainty for bus operators and passengers by specifying

 

that, if a franchising authority fails to make a case for a franchise scheme or decides not to

 

progress its proposals, it should not be permitted to bring forward fresh proposals for five years.

 

Ian Mearns

 

7

 

Parliamentary Star    

Clause  4,  page  30,  line  2,  leave out “at the same time”

 

Ian Mearns

 

8

 

Parliamentary Star    

Clause  4,  page  30,  line  14,  leave out “at the same time”


 
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Revised 23 March 2017