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Make provision about transport to, from and within Wales. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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General transport functions |
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(a) | develop policies for the promotion and encouragement of safe, |
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integrated, sustainable, efficient and economic transport facilities and |
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services to, from and within Wales, and |
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(b) | carry out its functions so as to implement those policies. |
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(2) | The transport facilities and services mentioned in subsection (1) are— |
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(a) | those required to meet the needs of persons living or working in Wales, |
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or visiting or travelling through Wales, and |
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(b) | those required for the transportation of freight. |
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(3) | Those facilities and services include facilities and services for pedestrians and |
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2 | Wales Transport Strategy |
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(1) | The Assembly must prepare and publish a document to be known as the Wales |
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(2) | The Strategy must set out— |
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(a) | the policies developed by the Assembly under section 1(1)(a), and |
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(b) | how the Assembly proposes to discharge its duty under section 1(1)(b). |
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(3) | The Assembly must keep the Strategy under review and may from time to time |
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(4) | If the Assembly revises the Strategy, it must publish (as it considers |
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(a) | the whole Strategy as revised, or |
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(5) | In preparing or revising the Strategy the Assembly must consult— |
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(a) | each local authority in Wales; |
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(b) | each county council or district council in England whose area abuts |
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(c) | any other persons it considers appropriate. |
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(6) | The Strategy and any revision of it do not have effect until approved by the |
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(7) | The Assembly must not delegate its function under subsection (6). |
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Local transport functions |
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The Schedule (which makes provision about local transport plans) has effect. |
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4 | Arrangements for discharge of transport functions |
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(1) | The Assembly may direct two or more local authorities in Wales to enter into |
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(a) | in the terms specified in the direction, and |
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(b) | in relation to the discharge of transport functions specified in the |
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(2) | The arrangements may in particular be or include arrangements for the joint |
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discharge of transport functions. |
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(3) | In deciding whether to give a direction under this section in relation to |
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particular functions, the Assembly must in particular have regard to the |
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interests of economy, efficiency and effectiveness in the discharge of the |
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(4) | The Assembly may vary or revoke a direction given under this section in |
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relation to particular functions by a further such direction, but only if it is |
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satisfied that, on variation or revocation, satisfactory arrangements will be in |
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place for the discharge of those functions. |
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(5) | Before giving, varying or revoking a direction under this section the Assembly |
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must consult the local authorities concerned and any other persons it considers |
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(6) | “Transport function” means a function of a local authority in Wales relating to |
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5 | Joint transport authorities |
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(1) | The Assembly may by order establish a body (to be known as a joint transport |
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authority) to discharge specified transport functions for an area made up of all |
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or any part or parts of the areas of two or more specified local authorities in |
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(2) | Before making an order under subsection (1) the Assembly must consult the |
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local authorities concerned and any other persons it considers appropriate. |
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(3) | A joint transport authority must be established as a body corporate. |
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(4) | An order under subsection (1) may include provision— |
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(a) | about the composition of the joint transport authority (including the |
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appointment of members of the authority by the local authorities |
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concerned and by the Assembly); |
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(b) | about the proceedings of the authority (including different provision in |
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respect of the voting rights of different categories of member); |
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(c) | about the financing of the authority; |
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(d) | about the discharge of the functions of the authority (including |
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provision for the discharge of functions by committees); |
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(e) | about officers of the authority; |
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(f) | about the acquisition, appropriation and disposal of land by the |
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authority (including provision for the acquisition of land by agreement |
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(g) | for the transfer of staff, property, rights and liabilities to the authority; |
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(h) | for the payment of compensation in respect of loss suffered by any |
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person in consequence of the constitution of the authority; |
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(i) | for specified enactments relating to local authorities in Wales and |
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transport functions to have effect, in relation to the authority and its |
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functions, with any specified modifications. |
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(5) | If an order under subsection (1) includes provision for the appointment of |
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members of the authority by persons other than the local authorities |
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concerned, the order must not provide for the total number of members so |
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appointed to be equal to, or exceed, half the total number of members capable |
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(6) | The Assembly may vary or revoke an order under subsection (1) only if it is |
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satisfied that, on variation or revocation, satisfactory arrangements will be in |
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place for the discharge of the functions of the joint transport authority. |
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(7) | An order varying or revoking an order under subsection (1) may include |
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provision for the transfer of staff, property, rights and liabilities from the joint |
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transport authority to one or more other joint transport authorities or local |
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(8) | Before varying or revoking an order under subsection (1) the Assembly must |
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(a) | any joint transport authorities and local authorities in Wales which |
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appear to it likely to be affected; |
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(b) | any other persons it considers appropriate. |
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(9) | An order under subsection (1) is to be treated as being Assembly general |
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subordinate legislation for the purposes of the Government of Wales Act 1998 |
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(10) | For the purposes of section 74 of the Local Government Finance Act 1988 (c. 41) |
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(a) | a joint transport authority is to be treated as a levying body with respect |
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to which regulations may be made under subsection (2) of that section, |
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(b) | the reference in that subsection to the council concerned is to be treated |
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as a reference to the local authorities specified in the order under |
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subsection (1) establishing the joint transport authority. |
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“specified”, in relation to an order under subsection (1), means specified |
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“transport function” means a function of a local authority in Wales |
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6 | Financial assistance: local transport functions |
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(1) | The Assembly may give financial assistance to— |
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(a) | joint transport authorities, and |
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(b) | local authorities in Wales, |
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| for the purpose of enabling or facilitating them to discharge their functions |
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(2) | The Assembly may attach conditions to financial assistance under this section. |
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7 | Provision of public passenger transport services |
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(1) | The Assembly may secure the provision of any public passenger transport |
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services which it considers appropriate for the purpose of meeting any public |
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transport requirements within Wales which would not in its view otherwise be |
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(2) | In exercising its power under subsection (1) the Assembly must have regard |
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(a) | a combination of economy, efficiency and effectiveness, |
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(b) | the Wales Transport Strategy, and |
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(c) | the transport needs of members of the public who are elderly or |
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(3) | For the purpose of securing the provision of a service under subsection (1) the |
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Assembly may enter into agreements providing for service subsidies. |
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(4) | But the Assembly may not enter into an agreement under subsection (3) unless |
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the service in question would not be provided without a subsidy. |
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(5) | “Public passenger transport services” means all those services on which |
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members of the public rely for getting from place to place, when not relying on |
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private facilities of their own, including school transport but not including— |
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(a) | services provided under permits under section 19 of the Transport Act |
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1985 (c. 67) (permits in relation to use of buses by educational and other |
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bodies) other than services provided wholly or mainly to meet the |
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needs of members of the public who are elderly or disabled; |
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(b) | excursions and tours. |
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(6) | “Agreements providing for service subsidies” are agreements under which any |
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person undertakes to provide public passenger transport services of any |
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description on terms which include provision for the making of payments to |
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that person by the Assembly. |
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(7) | “Excursion or tour” has the meaning given in section 137(1) of the Transport |
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8 | Public Transport Users’ Committee for Wales |
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(1) | The Assembly may by order establish a body corporate, to be known as the |
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Public Transport Users’ Committee for Wales or Pwyllgor Defnyddwyr |
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Trafnidiaeth Gyhoeddus Cymru. |
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(2) | The Assembly may by order provide for a body established under subsection |
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(1) to be known by a different name. |
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(3) | A body established under subsection (1) is referred to in this Act as the |
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(4) | An order under subsection (1) may include provision— |
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(a) | about the status and membership of the Committee (including how |
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members are to be appointed); |
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(b) | about the proceedings of the Committee; |
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(c) | about officers and staff of the Committee; |
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(d) | about the discharge of functions of the Committee (including provision |
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for the discharge of functions by sub-committees with members who |
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are not all members of the Committee); |
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(e) | about the making of reports by the Committee to the Assembly; |
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(f) | about the making of payments to or in respect of officers, staff and |
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members of the Committee; |
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(g) | about the payment of pensions and the making of other payments to or |
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in respect of former officers and staff of the Committee; |
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(h) | about the keeping of accounts by the Committee and their audit and |
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submission to the Assembly; |
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(i) | about the acquisition and disposal by the Committee of property, rights |
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and liabilities (including land); |
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(j) | authorising the Committee to charge for any services it provides in the |
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discharge of any of its functions; |
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(k) | for the transfer of staff, property, rights and liabilities to the |
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(5) | The Assembly may make payments to the Committee of such amounts, at such |
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times, and on such conditions (if any) as it considers appropriate. |
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(6) | The Assembly may by order make provision for the transfer of staff, property, |
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rights and liabilities from the Committee to any other person. |
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9 | Functions of the Committee |
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(1) | The Committee may consider and make recommendations to the Assembly |
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about any matter relating to public passenger transport services or facilities to, |
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(2) | The Committee must consider and make recommendations to the Assembly |
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about any such matter if asked to do so by the Assembly. |
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(3) | The Assembly may by order— |
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(a) | confer further functions on the Committee; |
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(b) | remove functions from the Committee; |
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(c) | make changes to any functions of the Committee; |
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(d) | transfer any functions of the Committee to another person (including to |
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(4) | An order under subsection (3) may confer a function on the Committee, or |
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make changes to a function of the Committee, only if the new function, or the |
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function as changed, relates to public passenger transport services or facilities |
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to, from or within Wales. |
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(5) | The functions that may be conferred on the Committee under subsection (3)(a) |
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(a) | to enter into arrangements with another body for discharging functions |
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on behalf of that body in relation to Wales; |
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(b) | to give effect to any such arrangements; |
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(c) | to enter into arrangements with another body for that body to |
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discharge any functions of the Committee on behalf of the Committee. |
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(6) | The discharge of a function by the Committee on behalf of another body does |
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not affect the responsibility of the body for the discharge of the function. |
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(7) | The discharge of a function by another body on behalf of the Committee does |
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not affect the responsibility of the Committee for the discharge of the function. |
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(8) | The provision that may be made in an order under subsection (3) includes |
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provision amending or repealing any provision of an enactment conferring |
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functions on the Committee. |
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(9) | The Committee may do anything which is calculated to facilitate, or is |
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conducive or incidental to, the discharge of any of its functions. |
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“public passenger transport services” has the meaning given in section 7; |
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“public passenger transport facilities” means facilities for public |
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passenger transport services. |
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10 | Guidance and directions to the Committee |
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(a) | issue guidance to the Committee as to how it is to discharge its |
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(b) | give directions to the Committee as to how it is to discharge its |
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(a) | have regard to any guidance issued under subsection (1)(a); |
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(b) | comply with any directions given under subsection (1)(b). |
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(3) | Guidance or directions under this section must be in writing. |
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(4) | The Assembly may vary or revoke directions given under this section. |
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11 | Financial assistance: air transport services |
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(1) | The Assembly may give financial assistance to— |
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(a) | persons who provide or propose to provide air transport services |
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which start or end at an airport in Wales, and |
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(b) | persons who provide or propose to provide airport facilities or services |
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| for the purpose of enabling or facilitating them to provide those services or |
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(2) | But the Assembly may give financial assistance under this section only if the |
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services or facilities would not in its view be provided without the financial |
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(3) | The Assembly may attach conditions to financial assistance under this section. |
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(4) | “Air transport services” means services for the carriage by air of passengers or |
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The preceding provisions of this Act come into force in accordance with |
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provision made by the Assembly by order. |
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(1) | This section applies to an order made by the Assembly under this Act. |
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(2) | The power to make the order is exercisable by statutory instrument. |
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(a) | may make different provision for different purposes; |
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(b) | may include incidental, supplemental, consequential, saving or |
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(1) | This section applies for the purposes of this Act. |
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(2) | “The Assembly” means the National Assembly for Wales. |
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(3) | “Local authority in Wales” means a county council or county borough council |
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There shall be paid out of money provided by Parliament any increase attributable to |
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this Act in the sums payable out of money provided by Parliament under another |
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This Act extends to England and Wales only. |
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