Transport Bill

House of Commons portcullis

House of Commons

Session 1999-2000
Internet Publications
Other Bills before Parliament

Transport Bill

This is the text of the Transport Bill, as presented to the House of Commons on 1 December

EXPLANATORY NOTES
Explanatory Notes to the Bill, prepared by the Department of the Environment, Transport and the Regions, are published separately as HC Bill 8- EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Secretary Straw has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Transport Bill are compatible with the Convention rights.

Transport Bill

ARRANGEMENT OF CLAUSES

PART I

AIR TRAFFIC

CHAPTER I

AIR TRAFFIC SERVICES

General duties

Clause

1. Secretary of State's general duty.

2. CAA's general duty.

Restrictions

3. Restrictions on providing services.

4. Exemptions.

5. Licences: general.

6. Licences: grant.

7. Licences: provisions.

8. Duties of licence holders.

9. Breach of duties or conditions.

Modification of licences

10. Modification by agreement.

11. References to Competition Commission.

12. Reports on references.

13. Modification following report.

14. Modification by order under other enactments.

Enforcement: section 8 duties

15. Orders for securing compliance.

16. Procedural requirements.

17. Validity of orders.

18. Effect of orders.

19. Power to obtain information.

20. Enforcement by CAA.

Enforcement: licence conditions

21. Orders for securing compliance.

22. Procedural requirements.

23. Validity of orders.

24. Effect of orders.

25. Power to obtain information.

Administration orders etc.

26. Protection of licence companies, etc.

27. Duty to make order.

28. Power to make order.

29. Air traffic administration orders.

30. Petitions and orders: supplementary.

31. Government financial help.

32. Guarantees under section 31.

33. Northern Ireland.

Miscellaneous

34. Investigations.

35. Register.

36. Land.

37. Licence holders as statutory undertakers.

38. Directions in interests of national security etc.

Interpretation

39. Interpretation.

CHAPTER II

TRANSFER SCHEMES

Introduction

40. Meaning of transfer scheme.

CAA's schemes

41. Transfer schemes made by CAA.

42. Effect of scheme made by CAA.

Secretary of State's schemes

43. Transfer schemes made by Secretary of State.

44. Information for purposes of section 43.

Accounting provisions

45. Accounting provisions.

46. Accounting provisions: interpretation.

Ownership of transferee companies

47. Issue of securities.

48. Government investment in securities.

49. Crown shareholding.

Transferee companies: other provisions

50. Loans.

51. Guarantees.

52. Grants.

53. Trustee investments.

54. Shadow directors.

Extinguishment of liabilities

55. Extinguishment of liabilities.

56. Securities to be issued.

57. Securities: other provisions.

Miscellaneous

58. Enforcement of certain obligations.

59. Special provisions about land.

60. Exercise of functions through nominees.

61. Further provisions about transfer schemes.

62. Tax.

Interpretation

63. Interpretation.

CHAPTER III

AIR NAVIGATION

64. Air navigation: directions.

65. Directions: supplementary.

CHAPTER IV

CHARGES FOR AIR TRAFFIC SERVICES

Charges

66. Charges for services.

67. Publication, commencement, amendment and revocation.

68. Specifications: supplementary.

69. Liability, recovery etc.

70. Chargeable air traffic services.

Miscellaneous

71. Records.

72. Offences.

73. Detention and sale.

Interpretation

74. Interpretation.

CHAPTER V

COMPETITION

75. Interpretation.

76. Functions exercisable by CAA and Director.

77. Carrying out transferred functions.

CHAPTER VI

MISCELLANEOUS AND GENERAL

Miscellaneous

78. Publication of information and advice.

79. Review and information.

80. Secretary of State's directions to CAA.

81. Control in time of hostilities etc.

82. Section 81: interpretation.

83. Amendments.

General interpretation

84. Air traffic services.

85. The CAA.

Other general provisions

86. Service of documents.

87. Making of false statements etc.

88. Disclosure of information.

89. Orders and regulations.

90. Directions.

91. Extension outside United Kingdom.

PART II

LOCAL TRANSPORT

Local transport plans

92. Local transport plans.

93. Further provision about plans.

Bus strategies

94. Bus strategies.

95. Consultation and publicity about bus strategies.

Bus services: quality partnership schemes

96. Quality partnership schemes.

97. Consultation as to proposed scheme.

98. Making of scheme.

99. Postponement of scheme.

100. Effect of scheme.

101. Variation or revocation of scheme.

102. Regulations about schemes.

103. Guidance about schemes.

Bus services: quality contracts schemes

104. Quality contracts schemes.

105. Consultation as to proposed scheme.

106. Approval of proposed scheme.

107. Making of scheme.

108. Postponement of scheme.

109. Effect of scheme.

110. Tendering for quality contracts.

111. Exceptions from section 110.

112. Variation or revocation of scheme.

113. Regulations about schemes.

114. Transitional provision about schemes.

Bus services: ticketing schemes

115. Joint and through ticketing schemes for buses.

116. Consultation as to proposed scheme.

117. Making of scheme.

118. Effect of scheme.

Bus services: provision of information

119. Information about bus services.

120. Duty of authority to make information available.

121. Bus information: supplementary.

Bus services: environmental protection

122. Traffic regulation conditions to reduce or limit pollution.

Mandatory travel concessions outside Greater London

123. Mandatory concessions outside Greater London.

124. Mandatory concessions: supplementary.

125. Variation of mandatory concessions.

126. Enforcement.

127. Reimbursement of operators.

128. Procedure for reimbursement arrangements determined by authority.

Mandatory travel concessions in Greater London

129. Mandatory concessions in Greater London.

Financial provisions

130. Agreements providing for service subsidies.

131. Grants to bus service operators.

132. Penalties.

133. Non-metropolitan transport grants.

134. Grants to Passenger Transport Authorities.

135. Repayment of grants towards bus fuel duty.

Supplementary

136. Part II: regulations and orders.

137. Part II: minor and consequential amendments.

138. Interpretation of Part II.

PART III

ROAD USER CHARGING AND WORKPLACE PARKING LEVY

CHAPTER I

ROAD USER CHARGING

Charging schemes

139. Preliminary.

140. Local charging schemes.

141. Joint local charging schemes.

142. Joint local-London charging schemes.

143. Trunk road charging schemes.

Making of charging schemes

144. Charging schemes to be made by order.

145. Confirmation of charging schemes.

146. Charging schemes: consultation and inquiries.

Contents of charging schemes

147. Matters to be dealt with in charging schemes.

148. Charging schemes: exemptions etc.

Enforcement of charging schemes

149. Penalties and liability for charges.

150. Examination and removal of vehicles etc.

Supplementary

151. Equipment etc.

152. Traffic signs.

153. Rating exemption.

CHAPTER II

WORKPLACE PARKING LEVY

Licensing schemes

154. Preliminary.

155. Local licensing schemes.

156. Joint local licensing schemes.

157. Joint local-London licensing schemes.

158. Workplace parking places.

Making of licensing schemes

159. Licensing schemes to be made by order.

160. Confirmation of licensing schemes.

161. Licensing schemes: consultation and inquiries.

Contents of licensing schemes and licences

162. Matters to be dealt with in licensing schemes.

163. Licensing schemes: exemptions etc.

164. Licences.

Enforcement of licensing schemes

165. Penalties and liability for charges payable on a licence.

166. Rights of entry.

CHAPTER III

GENERAL AND SUPPLEMENTARY

167. Financial provisions about schemes.

168. Powers of authorities.

169. Guidance.

170. Information.

171. Determination of disputes, appeals and evidence.

172. Crown application.

173. Part III: regulations and orders.

174. Interpretation of Part III.

175. Amendments of Greater London Authority Act.

PART IV

RAILWAYS

CHAPTER I

THE STRATEGIC RAIL AUTHORITY

The Authority

176. The Authority.

177. Membership of the Authority.

178. Chairing and chief executive.

179. Further provisions.

Purposes, strategies and exercise of functions

180. Purposes.

181. Strategies.

182. Manner of exercise of functions.

183. Directions and guidance by Scottish Ministers.

184. Directions and guidance: supplementary.

185. Validity of transactions.

Securing provision of railway services and assets etc.

186. Financial assistance etc.

187. Securing of services by franchising.

188. Limited additional powers to provide railway services.

189. Securing provision of substitute bus and taxi services.

Functions of Franchising Director, Regulator and Board

190. Assumption of functions of Franchising Director.

191. Assumption of certain functions of Regulator.

192. Assumption of Board's functions relating to transport police.

193. Functions relating to Board's property.

Other powers

194. Power to make bye-laws.

195. Power to make transfer schemes.

196. Power to promote and oppose Bills.

197. Other incidental powers.

CHAPTER II

OTHER PROVISIONS ABOUT RAILWAYS

Directions to provide etc. railway facilities

198. Regulator's power to require provision etc. of railway facilities.

Objectives of Regulator and Secretary of State

199. Amendment of objectives.

Enforcement regime

200. Penalties.

201. Orders for securing compliance.

Consultative committees

202. Renaming of committees.

203. Extension of functions.

204. Financial and procedural changes.

Access contracts

205. Regulator's general approvals of access contracts etc.

206. Amendment of access agreements.

207. Prospective facility owners, proposed facilities etc.

Closures

208. Transfer of Regulator's functions to Secretary of State.

209. Conditions.

210. Closure of unnecessary track to be minor closure.

211. General determinations of minor closures.

212. Operator's duty to continue where closure should be permitted.

The Board

213. Transfer of Board's property etc. to Secretary of State.

214. Winding down and abolition of Board.

Passenger Transport Executives

215. Powers of Executives.

Miscellaneous

216. Freight assistance by Scottish Ministers and Welsh Assembly.

217. Competition functions of Regulator.

218. Pension guarantees.

219. Stamp duty and stamp duty reserve tax.

220. Abolition of requirements for Treasury approval.

CHAPTER III

SUPPLEMENTARY

221. Part IV: minor and consequential amendments.

222. Part IV: transitionals and savings.

223. Interpretation of Part IV.

PART V

SUPPLEMENTARY

224. Offences: general.

225. Repeals and revocations.

226. Commencement.

227. Transitionals and savings.

228. Power to make amendments.

229. Financial provision.

230. Extent.

231. Short title.

Schedules:

    Schedule 1 - Air traffic administration orders: general.

    Part I - Modifications of 1986 Act.

    Part II - Other provisions.

    Schedule 2 - Air traffic administration orders: schemes.

    Schedule 3 - Air traffic administration orders: Northern Ireland.

    Part I - Modifications of 1989 Order.

    Part II - Other provisions.

    Schedule 4 - Licence holders: land.

    Schedule 5 - Licence holders as statutory undertakers.

    Schedule 6 - Transfer schemes.

    Schedule 7 - Transfer schemes: tax.

    Schedule 8 - Amendments about air traffic.

    Part I - Licences.

    Part II - Air navigation services.

    Part III - Charges.

    Part IV - Competition.

    Part V - Hostilities etc.

    Schedule 9 - Air traffic: information.

    Schedule 10 - Minor and consequential amendments about local transport.

    Schedule 11 - Road user charging and workplace parking levy: financial provisions.

    Schedule 12 - Amendments of Schedules 23 and 24 to Greater London Authority Act.

    Schedule 13 - Strategic Rail Authority.

    Part I - Members and staff.

    Part II - Funding.

    Part III - Information.

    Part IV - Procedure.

    Part V - Consequential amendments.

    Schedule 14 - Financial assistance: transfers to SRA.

    Schedule 15 - Transfer to SRA of Franchising Director's functions.

    Schedule 16 - Transfers to SRA from Rail Regulator.

    Part I - Functions relating to licences.

    Part II - Other functions.

    Part III - Associated property, rights and liabilities.

    Schedule 17 - Transfer to SRA of BR's functions relating to transport police.

    Part I - Functions.

    Part II - Associated property, rights and liabilities.

    Schedule 18 - Transfer to SRA of BR's property etc.

    Schedule 19 - SRA bye-laws.

    Schedule 20 - Transfer schemes by SRA.

    Schedule 21 - Renaming of rail users' consultative committees.

    Part I - Amendments of Railways Act 1993.

    Part II - Amendments of other enactments.

    Schedule 22 - Finances and procedures of rail users' consultative committees.

    Schedule 23 - Transfer of BR's property etc. to Secretary of State.

    Schedule 24 - Minor and consequential amendments about railways.

    Schedule 25 - Transitionals and savings about railways.

    Schedule 26 - Repeals and revocations.

    Part I - Air traffic.

    Part II - Local transport.

    Part III - Road user charging and workplace parking levy.

    Part IV - Railways.

© Parliamentary copyright 1999
Prepared 1 December 1999