Amendments proposed to the Transport Bill, As Amended - continued	House of Commons
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Mr Secretary Prescott

140

Page     54,     line     39     [Clause     89],     at end insert—

    '( ) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains an order or regulations made by the Secretary of State under any provision of this Part other than section 49 or (Orders for possession of aerodromes, etc.).'.

   

Mr Secretary Prescott

141

Page     54,     line     40     [Clause     89],     leave out from beginning to 'unless' in line 41 and insert 'No order is to be made under section 49'.

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Mr Secretary Prescott

367

*Page     55,     line     10     [Clause     89],     leave out '70' and insert '70(2)'.

   

Mr Secretary Prescott

104

Page     55,     line     11     [Clause     89],     at end insert—

    '(10) If apart from this subsection a draft of an order under section 49 would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.'.

   

Mr Secretary Prescott

142

Page     55     [Clause     91],     leave out lines 27 to 37.

   

Mr Secretary Prescott

11

Page     55,     line     41     [Clause     91],     at end insert—

    '(6) In this section "modifications" includes additions, omissions and other alterations.'.

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NEW CLAUSES RELATING TO PART II

Power to obtain information about local services

   

Mr Secretary Prescott

NC8

To move the following Clause:—

    '.—(1) A local transport authority may, in connection with the exercise of any of its functions relating to public transport, require an operator of local services to provide it with any information relating to the matters specified in subsection (2) which is in his possession or control.

    (2) The matters referred to in subsection (1) are—

(a) the total number of journeys undertaken by passengers on the local services operated by the operator in the authority's area or any part of its area,

(b) the structure of fares for those journeys, and

(c) the total distance covered by vehicles used by him in operating those local services.

    (3) The operator may be required to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect him to provide it.

    (4) No information which—

(a) has been provided under this section, or provided together with information so provided, and

(b) relates to the affairs of an individual or to a particular business,

    shall be disclosed during the lifetime of the individual or while the business continues to be carried on.

    (5) But subsection (4) does not apply to a disclosure made—

(a) with the consent of the individual or the person for the time being carrying on the business,

(b) in connection with the investigation of crime or for the purposes of criminal proceedings,

(c) for the purposes of civil proceedings brought by virtue of this Act or the Transport Act 1985, or

(d) in order to comply with the order of a court or tribunal.

    (6) A person who discloses information in contravention of subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.'.

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Plans and strategies: supplementary

   

Mr Secretary Prescott

NC9

To move the following Clause:—

    '.—(1) In carrying out their functions under sections 92 to 95, a local transport authority must have regard to any guidance concerning—

(a) the content of local transport plans (and bus strategies),

(b) the preparation of such plans (and strategies),

(c) the alteration and replacement of such plans (and strategies), and

(d) the publication and making available of such plans (and strategies) as originally made and as altered or replaced,

    which is issued from time to time by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).

    (2) In developing their policies under section 92(1) and their bus strategy, a local transport authority must have regard to the transport needs of persons who are elderly or have mobility problems.'.

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Variations: supplementary

   

Mr Secretary Prescott

NC10

To move the following Clause:—

    '.—(1) The relevant references to the authority or authorities in relation to a quality partnership scheme—

(a) include a local transport authority if it has been varied so that it relates to that authority's area, but

(b) do not include a local transport authority if it has been varied so that it no longer relates to that authority's area.

    (2) But if (although the scheme does not relate to a local transport authority's area) it would do by reason of a proposed variation, those references (apart from those in section 101 include that authority.

    (3) The relevant references (apart from that in section 97(1)) to the authority or authorities in relation to a quality partnership scheme—

(a) include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities, but

(b) do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities.

    (4) But if (although the scheme does not specify facilities which are traffic regulation facilities in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references (apart from those in section 101) include that authority.

    (5) And if (although the scheme specifies facilities which are traffic regulation facilities in relation to a traffic regulation authority)—

(a) the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities has been revoked, and

(b) the scheme is proposed to be varied (but not so that it specifies other facilities which are traffic regulation facilities in relation to that authority),

    the relevant references (apart from those in section 101) do not include that authority.

    (6) For the purposes of this section the relevant references are those in—

(a) section 97(1) to (3),

(b) sections 98 to 192, and

(c) section 108(5B),

    and paragraph 27(3) of Schedule 9 to the Road Traffic Regulation Act 1984.

    (7) In this section "traffic regulation authority" means—

(a) a metropolitan district council,

(b) the Secretary of State, or

(c) the National Assembly for Wales.

    (8) For the purposes of this section facilities are traffic regulation facilities, in relation to a traffic regulation authority and a quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so.'.

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Competition test for exercise of bus functions

   

Mr Secretary Prescott

NC14

*To move the following Clause:—

    '. Schedule (Competition test for exercise of bus functions) contains provision applying a competition test in relation to the exercise of functions relating to quality partnership schemes, ticketing schemes and subsidised local services.'.

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Air quality

   

Mr Don Foster
Mr Michael Moore

NC6

To move the following Clause:—

    '.—Where a local authority declares an air quality management area in accordance with section 83(1) of the Environment Act 1995, it may apply to the Secretary of State to direct the Highways Agency to take such measures as the authority has calculated to be effective in reducing air pollution, from specified roads administered by the Agency, in order to meet national air quality objectives within its area.'.

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Home zones and quiet lanes

   

Mr Don Foster
Mr Michael Moore

NC7

To move the following Clause:—

    '.—(1) As part of their local transport plan, and subject to guidance issued by the Secretary of State, a local transport authority may designate any residential road or roads within their area as a home zone, and any rural road within their area as a quiet lane, for any or all of the following purposes—

(a) improving the environment;

(b) improving the safety and security of the community in whose area the home zone is situated;

(c) improving safety on rural roads, especially for pedestrians, pedal cyclists and horse riders, by reducing the risk of accidents;

(d) protecting the character and distinctiveness of the countryside from damage to traffic.

    (2) The Secretary of State may introduce regulations with regard to home zones or quiet lanes which may have any or all of the following effects—

(a) giving pedestrians and pedal cyclists precedence on any highway in a home zone, and pedestrians, pedal cyclists and horseriders precedence on any quiet lane;

(b) requiring the driver of any mechanically powered vehicle to accord such precedence to any pedestrian, pedal cyclist or horse rider;

(c) requiring pedestrians, cyclists and horseriders to show reasonable behaviour towards any mechanically powered vehicle, and not wilfully to obstruct its passage;

(d) requiring physical or other measures to reduce traffic speeds to no more than 10 mph in a road designated as a home zone, or 20 mph on a designated quiet lane.'.

Prepared 4 May 2000