Transport (Wales) Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Transport (Wales) Bill

Transport (Wales) Bill
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Short title
This Act may be cited as the Transport (Wales) Act 2005.

Transport (Wales) Bill
Schedule — Local transport plans
9

Schedule
Section 3.

Local transport plans
1
Part 2 of the Transport Act 2000 (c. 38) (local transport) is amended as
follows.
2     (1)
Section 108 (local transport plans) is amended as follows.
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      (2)
After subsection (2) insert—
“(2A)
Each local transport authority whose area is in Wales must also—
(a)
develop policies for the implementation in their area of the
Wales Transport Strategy, and
(b)
carry out their functions so as to implement those policies.”.
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      (3)
In section 108(3) for “containing their policies under subsection (1)”
substitute “containing—
(a)
their policies under subsection (1), and
(b)
in the case of an authority whose area is in Wales, their
policies under subsection (2A)”.
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3     (1)
Section 109 (further provision about plans) is amended as follows.
      (2)
For the heading substitute “Further provision about plans: England”.
      (3)
In subsection (1) after “local transport authority” insert “whose area is in
England”.
      (4)
In subsection (3)(b) omit the words from “(in the case of an authority whose
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area is in England)” to “in Wales)”.
      (5)
In subsection (5)—
(a)
after “a local transport authority” insert “whose area is in England”;
(b)
omit the words from “(as respects England)” to “(as respects Wales)”.
      (6)
In subsection (6) for the words from “not later than” to the end substitute
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“not later than 31st March 2006 (rather than not later than five years after the
date on which it was made).”.
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After section 109 insert—
“109A
Approval of plans: Wales
(1)
A local transport authority whose area is in Wales must submit their
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local transport plan to the National Assembly for Wales for its
approval.
(2)
If the Assembly refuses to approve a plan submitted to it by a local
transport authority under this section—
(a)
the Assembly must give the local transport authority a
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statement of the reasons for its refusal, and

Transport (Wales) Bill
Schedule — Local transport plans
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(b)
the authority must prepare another local transport plan and
submit the plan to the Assembly for its approval.
(3)
If the Assembly approves a local transport plan under this section,
the plan has effect when the approval is given.
(4)
The Assembly may approve a local transport plan under this section
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if (but only if) it considers—
(a)
that the plan is consistent with the Wales Transport Strategy,
and
(b)
that the policies contained in the plan are adequate for the
implementation in the authority’s area of the Strategy.
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(5)
The Assembly must not delegate its function of—
(a)
refusing to approve a local transport plan under this section,
or
(b)
making a statement of the reasons for its refusal to approve a
local transport plan under this section.
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109B
Further provision about plans: Wales
(1)
A local transport authority whose area is in Wales must keep their
local transport plan under review and alter it if they consider it
appropriate to do so.
(2)
The authority must in particular review the plan as soon as
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practicable after the publication of the Wales Transport Strategy or
any revision of it.
(3)
The authority must replace their local transport plan not later than
five years after the date on which the plan was approved under
section 109A.
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(4)
Section 109A applies to a replacement plan and a plan as altered as it
applies to a plan as originally prepared.
(5)
A local transport authority whose area is in Wales shall be taken to
have complied with subsection (3) if (but only if)—
(a)
the authority submit their replacement plan to the National
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Assembly for Wales for approval under section 109A before
the end of the five year period mentioned in subsection (3),
and
(b)
the Assembly approves the plan under section 109A
(whether the approval is given before or after the end of that
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five year period).
(6)
If an authority fail to comply with subsection (3) because they fail to
submit their replacement plan to the Assembly for approval under
section 109A before the end of the five year period mentioned in that
subsection, the authority must replace their local transport plan as
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soon as practicable after the expiry of the five year period.
(7)
If an authority fail to comply with subsection (3) because the
Assembly refuses to approve a plan submitted to it under section
109A, the authority must replace their local transport plan as soon as
practicable after the refusal.
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Transport (Wales) Bill
Schedule — Local transport plans
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(8)
As soon as practicable after their plan, or their plan as altered, has
been approved under section 109A, a local transport authority whose
area is in Wales must—
(a)
publish the plan or the plan as altered in such manner as they
think fit, and
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(b)
send a copy of it to such persons (if any) as may be specified
in guidance under section 112(1).
(9)
The authority must also—
(a)
cause a copy of their local transport plan to be made available
for inspection (at all reasonable hours) at such places as they
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think fit,
(b)
give notice, by such means as they think expedient for
bringing it to the attention of the public, as to the places at
which a copy of it may be inspected, and
(c)
supply a copy of it (or any part of it) to any person on request,
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either free of charge or at a charge representing no more than
the cost of providing the copy.
109C
Transitional provisions: Wales
(1)
Where a local transport authority whose area is in Wales have, before
1st August 2001, prepared and published a document which—
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(a)
contains policies developed by them for the purposes
described in section 108(1)(a), and
(b)
was prepared and published in accordance with guidance
issued by the National Assembly for Wales,

that document shall be taken to be the authority’s local transport
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plan.
(2)
But, in the case of a document which is a local transport plan by
virtue of subsection (1), section 109B(3) requires its replacement not
later than such date as is specified in an order made by the National
Assembly for Wales (rather than not later than five years after the
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date on which it was approved under section 109A).
(3)
For the purposes of section 109B(3), a local transport plan made
before the coming into force of section 109A by a local transport
authority whose area is in Wales shall be taken to have been
approved under section 109A on the date on which it was made.”.
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5
In section 111 (consultation and publicity about bus strategies), in subsection
(3) after “section 109(3)(a)” insert “or 109B(8)(a)”.
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After section 113 insert—
“113A
Modification of provisions about plans and strategies: Wales
(1)
The National Assembly for Wales may by order modify the
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application of sections 108 to 111 in relation to local transport
authorities whose areas are in Wales for the purpose of—
(a)
permitting a local transport plan to be prepared in respect of
part only of an authority’s area;
(b)
permitting a local transport plan to be prepared by two or
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more authorities jointly in respect of an area comprising all or
any part or parts of their areas.

Transport (Wales) Bill
Schedule — Local transport plans
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(2)
An order under subsection (1) made for the purpose mentioned in
subsection (1)(b) may in particular include provision for—
(a)
the plan to be prepared by one of the authorities concerned
on behalf of both or all of them;
(b)
administrative arrangements, including the apportionment
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of the cost of preparing the plan between the authorities
concerned.
(3)
Before making an order under subsection (1) the Assembly must
consult the local transport authorities concerned and any other
persons it considers appropriate.
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113B
Directions concerning plans and strategies: Wales
(1)
The National Assembly for Wales may issue to a local transport
authority whose area is in Wales general or specific directions as to
the manner in which they are to carry out their functions under
sections 108 to 111.
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(2)
Directions issued by the Assembly under subsection (1) may include
in particular directions—
(a)
as to the timetable in accordance with which a local transport
plan or alterations to a local transport plan must be prepared;
(b)
as to the action required to be taken to implement the policies
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contained in a local transport plan;
(c)
as to the steps required to be taken to remove the effects of
action which is incompatible with those policies.
(3)
Directions under this section—
(a)
must be in writing;
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(b)
may be varied or revoked by further directions under this
section.
(4)
Before issuing, varying or revoking directions under this section the
Assembly must consult the local transport authority concerned and
any other persons it considers appropriate.”.
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