| Previous Section | Index | Home Page |
Mr. Michael Moore (Tweeddale, Ettrick and Lauderdale): I do not think that any of us had expected to reach the new clause, but after the Minister has so generously responded to serious concerns raised by Liberal Democrats in Committee, it would be churlish of us not to acknowledge the major steps forward that he has taken. The habit of the Committee was for members to
write home to their mother or wife on the occasion of such a minor triumph. We have had the pen ready and the postage stamp prepared, and we will send that letter off tonight.Clause read a Second time, and added to the Bill.
Mr. Deputy Speaker then proceeded to put forthwith the Questions necessary for the disposal of the business to be concluded at that hour
New Clause 10
Variations: supplementary
'.--(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each of the traffic regulation orders, required to be made by that authority for the provision of those facilities has been revoked, and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 102, 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.'.--[Mr. Robert Ainsworth.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 9
Plans and strategies: supplementary
'.--(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.'.--[Mr. Robert Ainsworth.]
Brought up, read the First and Second time, and added to the Bill.
Clause 93
Amendments made: No. 149, in page 56, line 29, leave out--
'(their "current local transport plan")'.
No. 150, in page 56, line 34, leave out "subsection (5)" and insert--
'section (Plans and strategies: supplementary)(1)'.
No. 151, in page 56, line 37, leave out "current".
No. 152, in page 56, line 45, at end insert--
'(4A) Where a local transport authority have, before the coming into force of section 92, prepared and published a document which--
(a) contains policies developed by them for the purposes described in subsection (1)(a) of that section, and
(b) was prepared and published in accordance with guidance issued by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales),
that document shall be taken to be the authority's local transport plan.
(4B) But, in the case of a document which is a local transport plan by virtue of subsection (4A), subsection (2) requires its replacement not later than--
(a) 31st March 2006, if it relates to an area in England, or
(b) such date as is specified in an order made by the National Assembly for Wales, if it relates to an area in Wales,
(rather than not later than five years after the date on which it was made).'.
No. 153, in page 57, line 1, leave out subsection (5).--[Mr. Robert Ainsworth.]
Clause 94
Amendment made: No. 154, in page 57, leave out lines 24 and 25.--[Mr. Robert Ainsworth.]
Clause 95
Amendments made: No. 155, in page 57, line 38, leave out from beginning to "whose" in line 41 and insert--
'any other relevant local authority'.
No. 156, in page 58, line 5, at end insert--
'( ) For the purpose of subsection (1)(a) the following are relevant local authorities--
(a) local transport authorities,
(b) metropolitan district councils,
(c) London transport authorities, and
(d) councils in Scotland;
(except that, in the case of consultation by a Passenger Transport Authority for a passenger transport area, a council for a metropolitan district comprised in the area is not a relevant local authority).'.
No. 157, in page 58, line 7, leave out "(their "current bus strategy")".--[Mr. Robert Ainsworth.]
Clause 96
Amendments made: No. 158, in page 58, line 17, leave out "and (5) and 94(3)" and insert--
', 94(3) and (Plans and strategies: supplementary)'.
No. 159, in page 58, line 19, at end insert--
'( ) Section 93(4A) applies in the case of a Passenger Transport Authority for a passenger transport area only if the document to which it refers has been prepared and published by--
(a) that Authority, and
(b) the councils for the metropolitan districts comprised in the area,
acting jointly.'.--[Mr. Robert Ainsworth.]
Clause 97
Amendments made: No. 160, in page 58, line 24, leave out "current".
No. 301, in page 58, line 28, after "limit" insert "traffic congestion,".
No. 161, in page 59, line 7, at end insert--
'(other than a road for which the Secretary of State or the National Assembly for Wales is the traffic authority)'.
No. 162, in page 59, line 8, leave out "must be" and insert--
'may not be made unless it is'.
No. 163, in page 59, line 9, at end insert--
'(6A) If the provision of any of the facilities requires the making of a traffic regulation order in respect of a road for which the Secretary of State or the National Assembly for Wales is the traffic authority, the scheme may not be made unless it is made by--
(a) the local transport authority or authorities, and
(b) the Secretary of State or the National Assembly for Wales,
acting jointly.
(6B) Where subsection (6) or (6A) applies so that a metropolitan district council, the Secretary of State or the National Assembly for Wales is a maker of the scheme, then (subject to section 102(7)(b) and (9)) the relevant references to the authority or authorities include (as well as the local transport authority or authorities) the metropolitan district council, the Secretary of State or the National Assembly for Wales.
(6C) For the purposes of subsection (6B) the relevant references are--
(a) subsections (2) and (3),
(b) sections 98 to 102, and
(c) section 108(5B),
and paragraph 27(3) of Schedule 9 to the Road Traffic Regulation Act 1984.'.
No. 164, in page 59, line 15, after "another" insert "such".--[Mr. Robert Ainsworth.]
Clause 98
Amendments made: No. 165, in page 59, line 21, leave out subsection (3).
No. 166, in page 59, line 31, leave out from beginning to second "any" in line 32 and insert--
'any other relevant local authority'.
No. 167, in page 59, line 38, at end insert--
'( ) For the purpose of subsection (4)(c) the following are relevant local authorities--
(a) local transport authorities,
(b) metropolitan district councils,
(c) London transport authorities, and
(d) councils in Scotland.'.--[Mr. Robert Ainsworth.]
Clause 101
Amendments made: No. 168, in page 61, line 12, at end insert--
'( ) Nor does it apply in the case of the Secretary of State or the National Assembly for Wales if he or it is unable to provide the facilities owing to the variation or revocation of a traffic regulation order.'.
No. 169, in page 61, line 13, leave out subsection (3).--[Mr. Robert Ainsworth.]
Clause 102
Amendments made: No. 170, in page 61, line 36, leave out "only".
No. 171, in page 61, line 39, leave out "termination" and insert "revocation of the scheme".
No. 172, in page 61, line 41, after "scheme" insert "under subsection (1)".
No. 173, in page 61, line 44, leave out--
'or the revocation of a scheme'
and insert--
'under subsection (1), or the revocation of a scheme under subsection (2),'.--[Mr. Robert Ainsworth.]
Clause 105
Amendments made: No. 174, in page 62, line 34, leave out "current".
No. 404, in page 63, line 9 leave out "exclusive".--[Mr. Robert Ainsworth.]
Clause 106
Amendments made: No. 175, in page 64, line 1, leave out from beginning to "any" in line 2 and insert--
'any other relevant local authority'.
No. 176, in page 64, line 8, at end insert--
'( ) For the purpose of subsection (3)(d) the following are relevant local authorities--
(a) local transport authorities,
(b) district councils in England,
(c) London transport authorities, and
(d) councils in Scotland.'.--[Mr. Robert Ainsworth.]
Clause 107
Amendments made: No. 177, in page 64, line 18, leave out from beginning to "may" in line 19 and insert--
'Any person consulted under section 106(3)'.
No. 178, in page 64, line 34, leave out--
'as proposed under subsection (1)'
and insert "without modifications".--[Mr. Robert Ainsworth.]
Clause 108
Amendment made: No. 179, in page 65, line 12, at end insert--
'(5A) The scheme may include provision--
(a) varying or revoking any quality partnership scheme which only relates to the area of the authority, or combined area of the authorities, by which the scheme is made, or
(b) varying any other quality partnership scheme to the extent that it so relates.
(5B) If provision is made under subsection (5A)(b) to vary the quality partnership scheme so that it no longer so relates, such of the authorities by which it was made as did not make the quality contracts scheme--
(a) may (subject to the provision so made) vary it if they decide that it is appropriate to do so, or
(b) may revoke it if all persons who have given an undertaking to provide a service to a standard specified in the scheme consent to the revocation of the scheme (which consent must not be unreasonably withheld);
and subsections (3) and (4) of section 102 apply to a variation or revocation under this subsection.'.--[Mr. Robert Ainsworth.]
Clause 111
Amendment made: No. 180, in page 66, line 27, leave out from "years" to end of line 29.--[Mr. Robert Ainsworth.]
Clause 113
Amendments made: No. 181, in page 67, line 43, after "scheme" insert--
'(other than any to whose area the scheme no longer relates)'.
No. 182, in page 68, line 1, at end insert--
'or
(c) providing for new exclusions from the scheme or for the variation or revocation of existing exclusions.'.
No. 183, in page 68, line 9, after "authorities" insert--
'who made the scheme (other than any to whose area the scheme no longer relates)'.
No. 184, in page 68, line 19, at end insert--
'and section 111 applies to a varied scheme but subject to regulations so made.'.--[Mr. Robert Ainsworth.]
Clause 116
Amendment made: No. 185, in page 69, line 22, leave out "current".--[Mr. Robert Ainsworth.]
Clause 117
Amendment made: No. 302, in page 70, line 1, leave out "introduce" and insert "make".--[Mr. Robert Ainsworth.]
Clause 118
Amendment made: No. 303, in page 70, line 32, at end insert--
'(5) The authority or authorities may vary or revoke the scheme; and the variation or revocation is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified by regulations made by the appropriate national authority.'.--[Mr. Robert Ainsworth.]
Clause 120
Amendment made: No. 186, in page 70, line 38, leave out "current".--[Mr. Robert Ainsworth.]
Clause 124
Mr. Jenkin: I beg to move amendment No. 300, in page 72, line 33, at end insert--
| Next Section
| Index | Home Page |