Deregulation Bill (HL Bill 95)

as mentioned in sub-paragraph (2)(b) or (3)(b), the reference in
sub-paragraph (2) or (as the case may be) (3)(c) to the report of the
person appointed to hear representations or objections is to be
read as a reference to the report of the person appointed under
5sub-paragraph (5).”

(6) After paragraph 2 insert—

“2ZZA (1) Where at any time representations or objections duly made to an
authority in England (and not withdrawn) relate to only parts of
an order, the authority may elect that for the purposes of
10paragraph 2 and the following provisions of this Schedule, the
order shall have effect as two separate orders—

(a) the one comprising the parts to which the representations
or objections relate; and

(b) the other comprising the remaining parts.

(2) 15Where the authority is not the Secretary of State, an election for the
purposes of sub-paragraph (1) shall be given by notice to the
Secretary of State.

(3) Where an order made by an authority in England (other than the
Secretary of State) is submitted to the Secretary of State, and any
20representations or objections duly made (and not withdrawn)
relate to only parts of the order, the Secretary of State may, by
notice given to the authority, elect that it shall have effect as two
separate orders—

(a) the one comprising the parts to which the representations
25or objections relate (“the opposed order”); and

(b) the other comprising the remaining parts.

(4) Where notice is given under sub-paragraph (3), paragraph 2 and
the following provisions of this Schedule apply as if only the
opposed order had been submitted to the Secretary of State for
30confirmation.

(5) Any reference in sub-paragraph (1) or (3) to an order includes a
reference to any part of an order which, by virtue of one or more
previous elections under that sub-paragraph, has effect as a
separate order.”

(7) 35In paragraph 4A (publication of orders)—

(a) the existing text becomes sub-paragraph (1);

(b) in that sub-paragraph, for the words from “in at least one local
newspaper” to the end of the sub-paragraph substitute “(within the
meaning of sub-paragraph (2))”;

(c) 40after that sub-paragraph insert—

“(2) In sub-paragraph (1), “publication” means—

(a) in relation to England, publication on a
website maintained by the authority
and on such other websites or through
45the use of such other digital
communications media as the
authority may consider appropriate;

(b) in relation to Wales, publication in at
least one local newspaper circulating

in the area in which the land to which
the order relates is situated.”

(8) In paragraph 5 (proceedings for questioning validity of orders) omit the
“and” after paragraph (b) and insert—

ERROR:This is very likely an error in markup in the FM document. Amendments generally should not occur nested in this manner [\t (ba)\tthe Schedule has effect as if after paragraph 3 there were inserted \t 3A\t(1)\tSub-paragraph (2) applies if the application relates to an order of an authority in England that has been submitted to, and confirmed by, the Secretary of State. \t\t(2)\t 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.\xd3 ; and\xd3 . ]

“(ba) 5the Schedule has effect as if after paragraph 3 there
were inserted—

“3A (1) Sub-paragraph (2) applies if the application relates to an
order of an authority in England that has been submitted
to, and confirmed by, the Secretary of State.

(2) 10The 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”.”.”.

Part 5 15Consequential 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) in subsection (5), for “the provisions of Schedule 14” substitute “the
20provisions 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
(in relation to Wales)”.

11 (1) 25Schedule 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
“local authority” substitute—

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

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

Section 48

SCHEDULE 8 Provision of passenger rail services

Consequential amendments

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

2 (1) 5Section 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) After paragraph (viiia), insert—

“(viiiaa) where that area is in England, to let locomotives and other
10rolling 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 15In 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
20passenger 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
25to 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) 30For 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) 35in 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
4025 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
that area.”

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

8 5After 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
Secretary of State may, in particular, include conditions which are to
apply to any person providing services under an operator
10agreement.

(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
15effect 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
20restrictions 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) 25sections 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
30modifications 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
35following 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
40scheme 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
45agreement;

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

(a) 5is 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
operator agreement;

(iii) a relevant company;

(iv) 10a person who is, or is to be, the operator under an
operator agreement.

(5) In this section—

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

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

• 20“Passenger Transport Executive” means a body which is such
  an Executive for the purposes of Part 2 of the Transport Act
  1968;

• “relevant company” means—

  (a)

  a company that is wholly owned by a Passenger
  25Transport Executive or a local transport authority, or

  (b)

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

Minor correcting amendments

9 (1) The Transport Act 1968 is amended as follows.

(2) 30In section 9(1)(c)—

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

(b) after sub-paragraph (ia) insert—

“(ib) in relation to the area of the Greater
35Manchester Combined Authority, the Greater
Manchester Passenger Transport Executive;

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

(id) 40in relation to the area of the Barnsley,
Doncaster, Rotherham and Sheffield
Combined Authority, the South Yorkshire
Passenger Transport Executive;

(ie) in relation to the area of the Durham,
45Gateshead, Newcastle upon Tyne, North
Tyneside, Northumberland, South Tyneside
and Sunderland Combined Authority, the
Tyne and Wear Passenger Transport
Executive;”.

(3) In section 16(2A)—

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

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

(c) after paragraph (c) insert “; and

(d) 5the words from “including in particular” to the end of
the subsection were omitted.”

(4) In Schedule 5—

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

(b) 10in 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) 15for “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 49

20SCHEDULE 9 Road 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
25fire brigade, ambulance or police purposes” substitute “—

“(a) for 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.”

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

5“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
15follows.

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

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

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

(3) 30After paragraph (5)(a) insert—

“(aza) used for ambulance purposes or for the purpose of providing
a 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) 35In paragraph (10)(a), omit “, ambulance”.

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

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

8 (1) 40Regulation 101 (parking in darkness) is amended as follows.

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

(3) After 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
5would hinder or be likely to hinder the use of the vehicle for
the 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) 10being used for ambulance purposes or for the purpose of
providing 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) 15The Table in regulation 3(2) (which sets out the meaning of expressions used
in the regulations) is amended as follows.

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

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

(4) 25At the appropriate place insert—

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

(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) used for ambulance purposes, or

(ii) 5used 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
reflectors), in the first column of the Table, below “Ambulance” (but in the
10same 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)
is amended as follows.

(2) 15The 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) omit “But”;

(b) 20omit 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) a vehicle used for the purpose of providing a response to
25an 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
agreement.”

30Zebra, 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 In regulation 3(1) (interpretation), at the appropriate place insert—

• 35““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)

  an NHS trust established under the National Health
  40Service (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
amended 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
5to 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-
10paragraphs 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
15part 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
20endanger 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
25amended 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
30to 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
35those 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
40part 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
45endanger 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) 50In paragraph (c), omit “, ambulance”.