Deregulation Bill (HL Bill 58)

(2) The High Court may quash the decision of the Secretary of
State confirming the order or any part of it (either generally
or in so far as it affects the interests of the applicant),
instead of quashing the order or any provision of it.”; and”.”.”.

5Part 5 Consequential amendments

9 Part 3 of the Wildlife and Countryside Act 1981 is amended as follows.

10 In section 53 (duty to keep definitive map and statement under continuous
review)—

(a) 10in subsection (5), for “the provisions of Schedule 14” substitute “the
provisions of Schedule 13A (in relation to England) and Schedule 14
(in relation to Wales)”;

(b) in subsection (6), for “the provisions of Schedule 15” substitute “the
provisions of Schedule 14A (in relation to England) and Schedule 15
15(in relation to Wales)”.

11 (1) Schedule 14 (Applications for certain orders under Part 3) is amended as
follows.

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

(3) In paragraph 5 (interpretation), in sub-paragraph (1), for the definition of
20“local authority” substitute—

• “ “local authority” means a community council;”.

12 (1) Schedule 15 (Procedure in connection with certain orders under Part 3) is
amended as follows.

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

(3) 25In paragraph 13 (interpretation), in sub-paragraph (2), for the definition of
“local authority” substitute—

• “ “local authority” means a community council;”.

Section 35

SCHEDULE 8 Provision of passenger rail services

30Consequential amendments

1 The Transport Act 1968 is amended in accordance with paragraphs 2 to 5.

2 (1) Section 10(1) is amended as follows.

(2) In paragraph (iii), before “(ii)”, in both places, insert “(ia)(b) or”.

(3) In paragraph (iv), before “(ii)” insert “(ia),”.

(4) 35After paragraph (viiia), insert—

“(viiiaa) where that area is in England, to let locomotives and other
rolling stock on hire to a person not falling within paragraph

(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, a combined authority 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 143

• “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) The Transport Act 1968 is amended as follows.

(2) In section 9(1)(c)—

(a) in sub-paragraph (i), for “sub-paragraph (ia)” substitute “sub-
20paragraphs (ia) to (ie)”;

(b) after sub-paragraph (ia) insert—

“(ib) in relation to the area of the Greater
Manchester Combined Authority, the Greater
Manchester Passenger Transport Executive;

(ic) 25in relation to the area of the Greater
Merseyside Combined Authority, the
Merseyside Passenger Transport Executive;

(id) in relation to the area of the Barnsley,
Doncaster, Rotherham and Sheffield
30Combined Authority, the South Yorkshire
Passenger Transport Executive;

(ie) in relation to the area of the Durham,
Gateshead, Newcastle upon Tyne, North
Tyneside, Northumberland, South Tyneside
35and Sunderland Combined Authority, the
Tyne and Wear Passenger Transport
Executive;”.

(3) In section 16(2A)—

(a) for “subsection (2)” substitute “subsection (1)”;

(b) 40omit the “and” at the end of paragraph (b);

(c) after paragraph (c) insert “; and

(d) the words from “including in particular” to the end of
the subsection were omitted.”

(4) In Schedule 5—

(a) 45in Part 2, in paragraph 2, after “as the case may be,”, in both places
where it occurs, insert “the combined authority area or”;

(b) in Part 3, in paragraph 11(a), after “integrated transport area” insert
“, a combined authority area”.

10 (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) for “notice” substitute “proposal”;

(b) 5for “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 36

SCHEDULE 9 10Road traffic legislation: use of vehicles in emergency response by NHS

Traffic Management Act 2004

1 The Traffic Management Act 2004 is amended as follows.

2 In section 85 (prohibition of double parking etc), in subsection (3), for “for
fire brigade, ambulance or police purposes” substitute “—

“(a) 15for fire brigade or police purposes, or

(b) for ambulance purposes or for the purpose of
providing a response to an emergency at the request
of an NHS ambulance service.”

“An NHS ambulance service” means—

3 In section 86 (prohibition of parking at dropped footways etc), in subsection
(4), for “for fire brigade, ambulance or police purposes” substitute “—

“(a) for fire brigade or police purposes, or

(b) 30for ambulance purposes or for the purpose of
providing a response to an emergency at the request
of an NHS ambulance service.”

“An NHS ambulance service” means—

Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078S.I. 1986/1078)

4 The Road Vehicles (Construction and Use) Regulations 1986 are amended as
follows.

5 In regulation 3(2) (interpretation), in the Table at the appropriate place
5insert—

6 (1) Regulation 37 (audible warning instruments) is amended as follows.

(2) In paragraph (5)(a), omit “, ambulance”.

(3) After paragraph (5)(a) insert—

“(aza) used for ambulance purposes or for the purpose of providing
20a response to an emergency at the request of an NHS
ambulance service;”.

7 (1) Regulation 82 (restriction on width of loads) is amended as follows.

(2) In paragraph (10)(a), omit “, ambulance”.

(3) After paragraph (10)(a) (but before the “or”) insert—

“(aa) 25for ambulance purposes or for the purpose of providing a
response to an emergency at the request of an NHS
ambulance service;”.

8 (1) Regulation 101 (parking in darkness) is amended as follows.

(2) In paragraph (2)(a), omit “ambulance”.

(3) 30After paragraph (2)(a) insert—

“(aa) being used for ambulance purposes or for the purpose of
providing a response to an emergency at the request of an
NHS ambulance service if compliance with those provisions
would hinder or be likely to hinder the use of the vehicle for
35the purpose for which it is being used on that occasion;”.

9 (1) Regulation 107 (leaving motor vehicles unattended) is amended as follows.

(2) In paragraph (2)(a), omit “ambulance,”.

(3) After paragraph (2)(a) (but before the “or”) insert—

“(aa) being used for ambulance purposes or for the purpose of
40providing a response to an emergency at the request of an
NHS ambulance service;”.

Road Vehicles Lighting Regulations 1989 (S.I. 1989/1796S.I. 1989/1796)

10 The Road Vehicles Lighting Regulations 1989 are amended as follows.

11 (1) The Table in regulation 3(2) (which sets out the meaning of expressions used
in the regulations) is amended as follows.

(2) 5In column 2, in paragraph (a) of the definition of “emergency vehicle”, omit
“, ambulance”.

(3) In that definition, after paragraph (a) insert—

(4) At the appropriate place insert—

12 (1) Regulation 11 (colour of light shown by lamps and reflectors) is amended as
25follows.

(2) Omit paragraph (2)(y)(iii).

(3) After paragraph (2)(y) insert—

“(z) reflected light from yellow or orange retro reflective material
fitted to the rear of a vehicle—

(i) 30used for ambulance purposes, or

(ii) used for the purpose of providing a response to an
emergency at the request of an NHS ambulance
service.”

13 In Part 2 of Schedule 17 (requirements relating to optional side retro
35reflectors), in the first column of the Table, below “Ambulance” (but in the
same row) insert “The provision of a response to an emergency at the request
of an NHS ambulance service but only in respect of a vehicle which is owned
by the service or held by it under a lease or hire agreement”.

14 (1) Part 2 of Schedule 18 (requirements relating to optional rear retro reflectors)
40is amended as follows.

(2) The first sentence becomes paragraph 1.

(3) At the end of that paragraph insert “, subject to paragraphs 2 and 3.”

(4) The second sentence becomes paragraph 2.

(5) In that paragraph—

(a) 5omit “But”;

(b) omit paragraph (c).

(6) After paragraph 2 insert—

“3 The colour of rear retro reflectors fitted to—

(a) a vehicle used for ambulance purposes, or

(b) 10a vehicle used for the purpose of providing a response to
an emergency at the request of an NHS ambulance service,

may be red, yellow or orange (or any combination), provided that,
in the case mentioned in paragraph (b), the vehicle is owned by the
NHS ambulance service or held by it under a lease or hire
15agreement.”

Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (S.I.
1997/2400)

15 The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and
General Directions 1997 are amended as follows.

16 20In regulation 3(1) (interpretation), at the appropriate place insert—

• ““an NHS ambulance service” means—

  (a)

  an NHS trust or NHS foundation trust established
  under the National Health Service Act 2006 which has
  a function of providing ambulance services;

  (b)

  25an NHS trust established under the National Health
  Service (Wales) Act 2006 which has a function of
  providing ambulance services;

  (c)

  the Scottish Ambulance Service Board;”.

17 (1) Regulation 12 (significance of vehicular light signals at Pelican crossings) is
30amended as follows.

(2) In paragraph (1)(e), omit “, ambulance, national blood service”.

(3) After paragraph (1)(e) insert—

“(eza) when a vehicle is being used for ambulance or national blood
service purposes or for the purpose of providing a response
35to an emergency at the request of an NHS ambulance service
and the observance of the prohibition conveyed by the steady
amber or the red signal in accordance with sub-paragraph (c)
or (d) would be likely to hinder the use of that vehicle for the
purpose for which it is being used, then those sub-
40paragraphs shall not apply to the vehicle, and the steady
amber and the red signal shall each convey the information
that the vehicle may proceed beyond the stop line if the
driver—

(i) accords precedence to any pedestrian who is on that
45part of the carriageway which lies within the limits of

the crossing or on a central reservation which lies
between two crossings which do not form part of a
system of staggered crossings; and

(ii) does not proceed in a manner or at a time likely to
5endanger any person or any vehicle approaching or
waiting at the crossing, or to cause the driver of any
such vehicle to change its speed or course in order to
avoid an accident;”.

18 (1) Regulation 13 (significance of vehicular light signals at Puffin crossings) is
10amended as follows.

(2) In paragraph (1)(f), omit “, ambulance, national blood service”.

(3) After paragraph (1)(f) insert—

“(fa) when a vehicle is being used for ambulance or national blood
service purposes or for the purpose of providing a response
15to an emergency at the request of an NHS ambulance service
and the observance of the prohibition conveyed by the
amber, red or red-with-amber signal in accordance with sub-
paragraph (c), (d) or (e) would be likely to hinder the use of
that vehicle for the purpose for which it is being used, then
20those sub-paragraphs shall not apply to the vehicle, and the
red signal, red-with-amber and amber signals shall each
convey the information that the vehicle may proceed beyond
the stop line if the driver—

(i) accords precedence to any pedestrian who is on that
25part of the carriageway which lies within the limits of
the crossing or on a central reservation which lies
between two crossings which do not form part of a
system of staggered crossings; and

(ii) does not proceed in a manner or at a time likely to
30endanger any person or any vehicle approaching or
waiting at the crossing, or to cause the driver of any
such vehicle to change its speed or course in order to
avoid an accident;”.

19 (1) Regulation 21 (stopping in controlled areas) is amended as follows.

(2) 35In paragraph (c), omit “, ambulance”.

(3) After paragraph (c) insert—

“(ca) when the vehicle is being used for ambulance purposes or for
the purpose of providing a response to an emergency at the
request of an NHS ambulance service; or”.

40Traffic Signs Regulations and General Directions 2002 (S.I. 2002/3113S.I. 2002/3113)

20 The Traffic Signs Regulations and General Directions 2002 are amended as
follows.

21 In regulation 4 (interpretation), at the appropriate place insert—

• ““an NHS ambulance service” means—

  (a)

  45an NHS trust or NHS foundation trust established
  under the National Health Service Act 2006 which has
  a function of providing ambulance services;

  Deregulation BillPage 149

  (b)

  an NHS trust established under the National Health
  Service (Wales) Act 2006 which has a function of
  providing ambulance services;

  (c)

  the Scottish Ambulance Service Board.”

22 (1) 5Regulation 15 (keep right and kept left signs) is amended as follows.

(2) In paragraph (2)—

(a) omit “ambulance,”;

(b) omit “, national blood service”.

(3) After paragraph (2) insert—

“(2ZA) 10On an occasion where a vehicle is being used for ambulance or
national blood service purposes or for the purpose of providing a
response to an emergency at the request of an NHS ambulance
service and the observance of the requirement specified in paragraph
(1) would be likely to hinder the use of that vehicle for one of those
15purposes then, instead of that requirement, the requirement
conveyed by the sign in question shall be that the vehicle shall not
proceed beyond that sign in such a manner or at such a time as to be
likely to endanger any person.”

23 (1) Regulation 26 (double white lines) is amended as follows.

(2) 20In paragraph (5)(b), omit “ambulance,”.

(3) After paragraph (5)(b) insert—

“(bza) to a vehicle for the time being used for ambulance purposes
or for the purpose of providing a response to an emergency
at the request of an NHS ambulance service;”.

24 (1) 25Regulation 27 (zig zag lines) is amended as follows.

(2) In paragraph (3)(c), omit “ambulance,”.

(3) After paragraph (3)(c) insert—

“(ca) when the vehicle is being used for ambulance purposes or for
the purpose of providing a response to an emergency at the
30request of an NHS ambulance service;”.

25 (1) Regulation 36 (light signals) is amended as follows.

(2) In paragraph (1)(b)—

(a) omit “ambulance,”;

(b) omit “, national blood service”.

(3) 35After paragraph (1)(b) insert—

“(bza) when a vehicle is being used for ambulance or national blood
service purposes or for the purpose of providing a response
to an emergency at the request of an NHS ambulance service
and the observance of the prohibition conveyed by the red
40signal in accordance with sub-paragraph (a) would be likely
to hinder the use of that vehicle for the purpose for which it
is being used, then sub-paragraph (a) shall not apply to the
vehicle, and the red signal shall convey the prohibition that
that vehicle shall not proceed beyond the stop line in a
45manner or at a time likely to endanger any person or to cause