Transport (Wales) Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Transport (Wales) Bill

Transport (Wales) Bill
1

A
Bill
To
Make provision about transport to, from and within Wales.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
General transport functions
1
General transport duty
(1)
The Assembly must—
(a)
develop policies for the promotion and encouragement of safe,
integrated, sustainable, efficient and economic transport facilities and
5
services to, from and within Wales, and
(b)
carry out its functions so as to implement those policies.
(2)
The transport facilities and services mentioned in subsection (1) are—
(a)
those required to meet the needs of persons living or working in Wales,
or visiting or travelling through Wales, and
10
(b)
those required for the transportation of freight.
(3)
Those facilities and services include facilities and services for pedestrians and
cyclists.
2
Wales Transport Strategy
(1)
The Assembly must prepare and publish a document to be known as the Wales
15
Transport Strategy.
(2)
The Strategy must set out—
(a)
the policies developed by the Assembly under section 1(1)(a), and
(b)
how the Assembly proposes to discharge its duty under section 1(1)(b).
(3)
The Assembly must keep the Strategy under review and may from time to time
20
revise it.

Bill 15 53/4

Transport (Wales) Bill
2

(4)
If the Assembly revises the Strategy, it must publish (as it considers
appropriate)—
(a)
the whole Strategy as revised, or
(b)
the revised parts.
(5)
In preparing or revising the Strategy the Assembly must consult—
5
(a)
each local authority in Wales;
(b)
each county council or district council in England whose area abuts
Wales;
(c)
any other persons it considers appropriate.
(6)
The Strategy and any revision of it do not have effect until approved by the
10
Assembly.
(7)
The Assembly must not delegate its function under subsection (6).
Local transport functions
3
Local transport plans
The Schedule (which makes provision about local transport plans) has effect.
15
4
Arrangements for discharge of transport functions
(1)
The Assembly may direct two or more local authorities in Wales to enter into
arrangements—
(a)
in the terms specified in the direction, and
(b)
in relation to the discharge of transport functions specified in the
20
direction.
(2)
The arrangements may in particular be or include arrangements for the joint
discharge of transport functions.
(3)
In deciding whether to give a direction under this section in relation to
particular functions, the Assembly must in particular have regard to the
25
interests of economy, efficiency and effectiveness in the discharge of the
functions.
(4)
The Assembly may vary or revoke a direction given under this section in
relation to particular functions by a further such direction, but only if it is
satisfied that, on variation or revocation, satisfactory arrangements will be in
30
place for the discharge of those functions.
(5)
Before giving, varying or revoking a direction under this section the Assembly
must consult the local authorities concerned and any other persons it considers
appropriate.
(6)
“Transport function” means a function of a local authority in Wales relating to
35
transport.
5
Joint transport authorities
(1)
The Assembly may by order establish a body (to be known as a joint transport
authority) to discharge specified transport functions for an area made up of all
or any part or parts of the areas of two or more specified local authorities in
40
Wales.

Transport (Wales) Bill
3

(2)
Before making an order under subsection (1) the Assembly must consult the
local authorities concerned and any other persons it considers appropriate.
(3)
A joint transport authority must be established as a body corporate.
(4)
An order under subsection (1) may include provision—
(a)
about the composition of the joint transport authority (including the
5
appointment of members of the authority by the local authorities
concerned and by the Assembly);
(b)
about the proceedings of the authority (including different provision in
respect of the voting rights of different categories of member);
(c)
about the financing of the authority;
10
(d)
about the discharge of the functions of the authority (including
provision for the discharge of functions by committees);
(e)
about officers of the authority;
(f)
about the acquisition, appropriation and disposal of land by the
authority (including provision for the acquisition of land by agreement
15
or compulsorily);
(g)
for the transfer of staff, property, rights and liabilities to the authority;
(h)
for the payment of compensation in respect of loss suffered by any
person in consequence of the constitution of the authority;
(i)
for specified enactments relating to local authorities in Wales and
20
transport functions to have effect, in relation to the authority and its
functions, with any specified modifications.
(5)
If an order under subsection (1) includes provision for the appointment of
members of the authority by persons other than the local authorities
concerned, the order must not provide for the total number of members so
25
appointed to be equal to, or exceed, half the total number of members capable
of being appointed.
(6)
The Assembly may vary or revoke an order under subsection (1) only if it is
satisfied that, on variation or revocation, satisfactory arrangements will be in
place for the discharge of the functions of the joint transport authority.
30
(7)
An order varying or revoking an order under subsection (1) may include
provision for the transfer of staff, property, rights and liabilities from the joint
transport authority to one or more other joint transport authorities or local
authorities in Wales.
(8)
Before varying or revoking an order under subsection (1) the Assembly must
35
consult—
(a)
any joint transport authorities and local authorities in Wales which
appear to it likely to be affected;
(b)
any other persons it considers appropriate.
(9)
An order under subsection (1) is to be treated as being Assembly general
40
subordinate legislation for the purposes of the Government of Wales Act 1998
(c. 38).
(10)
For the purposes of section 74 of the Local Government Finance Act 1988 (c. 41)
(levies)—
(a)
a joint transport authority is to be treated as a levying body with respect
45
to which regulations may be made under subsection (2) of that section,
and

Transport (Wales) Bill
4

(b)
the reference in that subsection to the council concerned is to be treated
as a reference to the local authorities specified in the order under
subsection (1) establishing the joint transport authority.
(11)
In this section—
“specified”, in relation to an order under subsection (1), means specified
5
in the order;
“transport function” means a function of a local authority in Wales
relating to transport.
6
Financial assistance: local transport functions
(1)
The Assembly may give financial assistance to—
10
(a)
joint transport authorities, and
(b)
local authorities in Wales,

for the purpose of enabling or facilitating them to discharge their functions
relating to transport.
(2)
The Assembly may attach conditions to financial assistance under this section.
15
Public transport
7
Provision of public passenger transport services
(1)
The Assembly may secure the provision of any public passenger transport
services which it considers appropriate for the purpose of meeting any public
transport requirements within Wales which would not in its view otherwise be
20
met.
(2)
In exercising its power under subsection (1) the Assembly must have regard
to—
(a)
a combination of economy, efficiency and effectiveness,
(b)
the Wales Transport Strategy, and
25
(c)
the transport needs of members of the public who are elderly or
disabled.
(3)
For the purpose of securing the provision of a service under subsection (1) the
Assembly may enter into agreements providing for service subsidies.
(4)
But the Assembly may not enter into an agreement under subsection (3) unless
30
the service in question would not be provided without a subsidy.
(5)
“Public passenger transport services” means all those services on which
members of the public rely for getting from place to place, when not relying on
private facilities of their own, including school transport but not including—
(a)
services provided under permits under section 19 of the Transport Act
35
1985 (c. 67) (permits in relation to use of buses by educational and other
bodies) other than services provided wholly or mainly to meet the
needs of members of the public who are elderly or disabled;
(b)
excursions and tours.
(6)
“Agreements providing for service subsidies” are agreements under which any
40
person undertakes to provide public passenger transport services of any
description on terms which include provision for the making of payments to
that person by the Assembly.

Transport (Wales) Bill
5

(7)
“Excursion or tour” has the meaning given in section 137(1) of the Transport
Act 1985 (c. 67).
8
Public Transport Users’ Committee for Wales
(1)
The Assembly may by order establish a body corporate, to be known as the
Public Transport Users’ Committee for Wales or Pwyllgor Defnyddwyr
5
Trafnidiaeth Gyhoeddus Cymru.
(2)
The Assembly may by order provide for a body established under subsection
(1) to be known by a different name.
(3)
A body established under subsection (1) is referred to in this Act as the
Committee.
10
(4)
An order under subsection (1) may include provision—
(a)
about the status and membership of the Committee (including how
members are to be appointed);
(b)
about the proceedings of the Committee;
(c)
about officers and staff of the Committee;
15
(d)
about the discharge of functions of the Committee (including provision
for the discharge of functions by sub-committees with members who
are not all members of the Committee);
(e)
about the making of reports by the Committee to the Assembly;
(f)
about the making of payments to or in respect of officers, staff and
20
members of the Committee;
(g)
about the payment of pensions and the making of other payments to or
in respect of former officers and staff of the Committee;
(h)
about the keeping of accounts by the Committee and their audit and
submission to the Assembly;
25
(i)
about the acquisition and disposal by the Committee of property, rights
and liabilities (including land);
(j)
authorising the Committee to charge for any services it provides in the
discharge of any of its functions;
(k)
for the transfer of staff, property, rights and liabilities to the
30
Committee.
(5)
The Assembly may make payments to the Committee of such amounts, at such
times, and on such conditions (if any) as it considers appropriate.
(6)
The Assembly may by order make provision for the transfer of staff, property,
rights and liabilities from the Committee to any other person.
35
9
Functions of the Committee
(1)
The Committee may consider and make recommendations to the Assembly
about any matter relating to public passenger transport services or facilities to,
from or within Wales.
(2)
The Committee must consider and make recommendations to the Assembly
40
about any such matter if asked to do so by the Assembly.
(3)
The Assembly may by order—
(a)
confer further functions on the Committee;
(b)
remove functions from the Committee;

Transport (Wales) Bill
6

(c)
make changes to any functions of the Committee;
(d)
transfer any functions of the Committee to another person (including to
the Assembly).
(4)
An order under subsection (3) may confer a function on the Committee, or
make changes to a function of the Committee, only if the new function, or the
5
function as changed, relates to public passenger transport services or facilities
to, from or within Wales.
(5)
The functions that may be conferred on the Committee under subsection (3)(a)
include a power—
(a)
to enter into arrangements with another body for discharging functions
10
on behalf of that body in relation to Wales;
(b)
to give effect to any such arrangements;
(c)
to enter into arrangements with another body for that body to
discharge any functions of the Committee on behalf of the Committee.
(6)
The discharge of a function by the Committee on behalf of another body does
15
not affect the responsibility of the body for the discharge of the function.
(7)
The discharge of a function by another body on behalf of the Committee does
not affect the responsibility of the Committee for the discharge of the function.
(8)
The provision that may be made in an order under subsection (3) includes
provision amending or repealing any provision of an enactment conferring
20
functions on the Committee.
(9)
The Committee may do anything which is calculated to facilitate, or is
conducive or incidental to, the discharge of any of its functions.
(10)
In this section—
“public passenger transport services” has the meaning given in section 7;
25
“public passenger transport facilities” means facilities for public
passenger transport services.
10
Guidance and directions to the Committee
(1)
The Assembly may—
(a)
issue guidance to the Committee as to how it is to discharge its
30
functions;
(b)
give directions to the Committee as to how it is to discharge its
functions.
(2)
The Committee must—
(a)
have regard to any guidance issued under subsection (1)(a);
35
(b)
comply with any directions given under subsection (1)(b).
(3)
Guidance or directions under this section must be in writing.
(4)
The Assembly may vary or revoke directions given under this section.
Air transport
11
Financial assistance: air transport services
40
(1)
The Assembly may give financial assistance to—

Transport (Wales) Bill
7

(a)
persons who provide or propose to provide air transport services
which start or end at an airport in Wales, and
(b)
persons who provide or propose to provide airport facilities or services
at a place in Wales,

for the purpose of enabling or facilitating them to provide those services or
5
facilities.
(2)
But the Assembly may give financial assistance under this section only if the
services or facilities would not in its view be provided without the financial
assistance.
(3)
The Assembly may attach conditions to financial assistance under this section.
10
(4)
“Air transport services” means services for the carriage by air of passengers or
cargo.
Supplementary
12
Commencement
The preceding provisions of this Act come into force in accordance with
15
provision made by the Assembly by order.
13
Orders
(1)
This section applies to an order made by the Assembly under this Act.
(2)
The power to make the order is exercisable by statutory instrument.
(3)
The order—
20
(a)
may make different provision for different purposes;
(b)
may include incidental, supplemental, consequential, saving or
transitional provision.
14
Interpretation
(1)
This section applies for the purposes of this Act.
25
(2)
“The Assembly” means the National Assembly for Wales.
(3)
“Local authority in Wales” means a county council or county borough council
in Wales.
15
Money
There shall be paid out of money provided by Parliament any increase attributable to
30
this Act in the sums payable out of money provided by Parliament under another
enactment.
16
Extent
This Act extends to England and Wales only.