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Tuesday 5th June 2007 Public Bill Committee New Amendments handed in are marked thus * Other Amendments not tabled within the required notice period are marked thus # Concessionary Bus Travel Bill [Lords] Note The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee [23rd May]. RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Wednesday 23rd May (Standing Order No.83C): That— (1) the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 5th June) meet— (a) at 4.00 p.m. on Tuesday 5th June; (b) at 9.00 a.m. and 1.00 p.m. on Thursday 7th June; (2) the proceedings shall be taken in the following order: Clauses 1 to 5; Schedule 1; Clauses 6 to 13; Schedules 2 and 3; Clauses 14 to 16; new Clauses; new Schedules; remaining proceedings on the Bill; (3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 4.00 p.m. on Thursday 7th June. Gillian Merron has given notice of her intention to move a motion in the terms of the Programming Sub-Committee [Standing Order No. 83C]. Gillian Merron That, subject to the discretion of the Chairman, any written evidence received by the Committee shall be reported to the House for publication.
Paul Rowen
7 Clause 1, page 1, line 19, at end insert— ‘(2A) The Secretary of State may by regulations make provision for the definition of “eligible journey” to be extended to a journey on one train, underground train, tram, ferry or community transport.’. Paul Rowen
28 Clause 1, page 1, line 19, at end insert— ‘(2A) If a disabled person is unable to access mainstream public transport as a result of the person’s impairment the travel concession authority in England shall mark that clearly on the permit. (2B) Where a person whose current statutory travel concession permit is marked in accordance with subsection (2A) the person shall be entitled to a waiver of the fare for a journey when using a dial a ride vehicle, community transport service, Hackney carriage vehicle or other door to door transport. (2C) The Secretary of State shall issue guidance to travel concession authorities in England to which they shall have regard in determining for the purposes of subsection (2A) whether a disabled person needs to travel by door to door transport. (2D) Before issuing guidance under subsection (2C), the Secretary of State shall consult— (a) the Disabled Persons Transport Advisory Committee; (b) associations representative of travel concession authorities; and (c) such other persons as the Secretary of State thinks fit.’. Paul Rowen
31 Clause 1, page 1, line 19, at end insert— ‘(2A) The Secretary of State may by regulations make provision for the definition of “eligible journey” to exclude services which are primarily for the purposes of tourism.’. Paul Rowen
32 Clause 1, page 1, line 19, at end insert— ‘(2A) The Secretary of State may by regulations make provision for the definition of “eligible journey” to exclude services which have limited stops or are not primarily local services.’. Paul Rowen
8 Clause 1, page 2, line 11, at end insert— ‘(4A) If a disabled person requires the assistance of a companion to travel on journeys on public transport services, the travel concession authority in England other than a London authority must mark that clearly on the permit. (4B) Where a person whose current statutory travel concession permit is marked in accordance with subsection (4A) is entitled under this section to a waiver of the fare for a journey, one companion travelling on the journey with the person (and nominated by the person as the person’s companion for that journey) is also entitled to a waiver of the fare for the journey. (4C) The Secretary of State shall issue guidance to travel concession authorities in England to which they must have regard in determining for subsection (4A) whether a disabled person needs a companion in order to travel.’. Paul Rowen
10 Clause 1, page 2, line 11, at end insert— ‘(4A) For the purposes of this section a person whose ability to travel is impaired by a mental disorder within the meaning of section 1 of the Mental Health Act 1983 shall be considered to be a disabled person.’. Paul Rowen
11 Clause 1, page 2, line 11, at end insert— ‘(4A) The Secretary of State may by regulations make provision for persons aged 17 years and under and those in full time education to be entitled to the concession specified in subsection (1).’. Stephen Hammond
17 Clause 1, page 2, line 17, at end insert ‘, and (c) as is compliant with the ITSO standard, as detailed under Crown copyright in 2004.’. Paul Rowen
9 Clause 1, page 2, line 22, leave out ‘subsection (6)’ and insert ‘subsections (4C) and (6).’. Stephen Hammond
15 Clause 1, page 3, line 2, at end add— ‘(12) Two years after the commencement of this Act the Secretary of State shall conduct a review of the definition of an “eligible service” and shall lay before Parliament a report setting out his findings.’. Stephen Hammond
18 Clause 1, page 3, line 2, at end add— ‘(12) The Secretary of State shall by regulations specify arrangements for the purposes of fraud prevention. (13) Regulations under subsection (12) may include— (a) provisions for a national database of permits; (b) requirements for travel concession authorities to provide information about permits and permit holders; and (c) requirements for travel concession authorities and operators to take such steps as are practicable to prevent the use of permits which are not valid.’. Mr David Clelland 37 * Clause 1, page 3, line 2, at end add— ‘(12) The Secretary of State may issue guidance to travel concession authorities in England to which they must have regard in determining which services can be excluded from the national concession.’. Mr David Clelland 36 * Clause 2, page 3, line 5, at end insert— ‘(1A) In the definition of “eligible service” for paragraph (b) substitute— “(b) after that time, a bus service of a class specified by a travel concession authority.”.’. Stephen Hammond
16 Clause 3, page 3, line 25, at end insert— ‘(2A) Two years after the commencement of this Act the Secretary of State shall conduct a review into the reimbursement of operators by travel concession authorities and shall lay before Parliament a report setting out his findings.’. Mr David Clelland 20 Clause 3, page 3, line 25, at end insert— ‘(2A) After subsection (1) (as substituted by subsection (2) above) insert— “(1A) The Secretary of State shall provide to each travel concession authority in England by means of a direct annual revenue grant sufficient funding for the authority to comply with its obligation to reimburse operators under subsection (1).”.’. Paul Rowen
21 Clause 4, page 4, line 4, at end insert— ‘(1A) In subsection (1) for “subsection (3) below” substitute “subsections (1A) and (3) below”. (1B) After subsection (1) insert— “(1A) The London Authorities shall enter into arrangements with Transport for London under subsection (1) above in respect of journeys falling within section 241(2) below.”.’. Paul Rowen
12 Clause 4, page 4, line 11, at end insert— ‘(ba) after sub-paragraph (ix) insert— “(x) whose ability to travel is impaired by a mental disorder within the meaning of section 1 of the Mental Health Act 1983 shall be considered to be a disabled person.”’. Paul Rowen
22 Clause 5, page 4, line 25, leave out subsection (2) and insert— ‘(2) For subsection (1) substitute— “(1) If immediately before 1st January in any financial year it appears to Transport for London that the arrangements under section 240(1) for travel concessions for the next financial year— (a) do not meet the requirements of section 242 below as to scope, and (b) do not meet the requirements of section 243 below as to uniformity, Transport for London shall notify the Secretary of State, and the arrangements for the current financial year shall be carried forward with such adjustments as the Secretary of State may in writing specify for the purpose of ensuring that travel concessions are preserved for all eligible England residents and that additional travel concessions are preserved for eligible London residents.”.’. Paul Rowen
23 Clause 5, page 4, line 30, after ‘(2)’, insert— ‘(a) for “a particular local authority or” substitute “the”; (b) ’. Paul Rowen
24 Clause 5, page 5, line 2, at end insert— ‘(5A) Omit subsection (5).’. Paul Rowen
25 Clause 5, page 5, line 4, leave out subsection (7) and insert— ‘(7) Omit Schedule 16 to the 1999 Act (the London free travel scheme).’. Paul Rowen
33 Schedule 1, page 13, line 7, at end insert— ‘(1B) The Secretary of State shall make such payments to London authorities as he considers appropriate to ensure that permits in London meet the national standard and can continue to be validated on vehicles operating on the London Bus Network.’. Stephen Hammond
19 Schedule 1, page 13, line 18, at end add— ‘(7) After paragraph 5(7) insert— “(8) Where a London authority considers the amount notified by Transport for London under paragraph 5(1) to be excessive— (a) the authority may within 7 days of being notified by Transport for London apply to the Secretary of State to review the proposed charge; and (b) if the Secretary of State agrees that the proposed charge is excessive, then he shall notify both Transport for London and the authority of an alternative lower amount.”.’. Paul Rowen
26 Page 12, line 2, leave out Schedule 1. Paul Rowen
29 Clause 6, page 5, line 41, at end insert— ‘(8C) If a disabled person is unable to access mainstream public transport as a result of their impairment the London travel concession authority shall mark that clearly on the permit. (8D) Where a person whose current statutory travel concession permit is marked in accordance with subsection (8C) they shall be entitled to a waiver of the fare for a journey when using a dial a ride vehicle, community transport service, Hackney carriage vehicle or other door to door transport. (8E) The Secretary of State shall issue guidance to travel concession authorities in London to which they shall have regard in determining for the purposes of subsection (8C) whether a disabled person needs to travel by door to door transport. (8F) Before issuing guidance under subsection (8E) the Secretary of State shall consult— (a) the Disabled Persons Transport Advisory Committee; (b) associations representative of travel concession authorities; and (c) such other persons as the Secretary of State thinks fit.’. Paul Rowen
27 Clause 7, page 6, line 15, at end insert — ‘(3A) After subsection (5) insert— “(5A) If a disabled person requires the assistance of a companion to travel on journeys on public transport services, the London travel concession authority must mark that clearly on the permit. (5B) Where a person whose current statutory travel concession permit is marked in accordance with subsection (5A) is entitled under this section to a waiver of the fare for a journey, one companion travelling on the journey with the person (and nominated by the person as the person’s companion for that journey) is also entitled to a waiver of the fare for the journey. (5C) The Secretary of State shall issue guidance to travel concession authorities in London to which they must have regard in determining for the purposes of subsection (5A) whether a disabled person needs a companion in order to travel. (5D) Before issuing guidance under subsection (5C) the Secretary of State shall consult— (a) the Disabled Persons Transport Advisory Committee; (b) associations representative of travel concession authorities; and (c) such other persons as the Secretary of State thinks fit.”.’. Paul Rowen
35 Clause 8, page 7, line 6, at end add— ‘(5) The Secretary of State may by order, amend section 93 of the Transport Act 1985 to require the provision of flexible alternative forms of concession, including for use on community transport.’. Mr David Clelland 6 Clause 9, page 7, line 28, at end insert— ‘(aa) enabling the Secretary of State to reimburse travel concession authorities where they incur a deficit of over £500,000 as a result of reimbursing individual operators under this Act.’. Paul Rowen
13 Clause 10, page 8, line 31, leave out ‘may’ and insert ‘shall’. Paul Rowen
14 Clause 10, page 8, line 38, leave out ‘may’ and insert ‘shall’. Andrew George
3 Clause 11, page 10, line 19, after ‘10’, insert ‘, [Application to Isles of Scilly]’. Andrew George
4 Clause 11, page 10, line 22, after ‘8’, insert ‘or [Application to Isles of Scilly]’. Gillian Merron 1 Schedule 2, page 13, line 22, at end insert— ‘1A In section 98 (travel concession schemes: further provisions with respect to participation notices), after subsection (4) insert— “(4A) But if the participation notice was served on the person by one or more authorities in England only— (a) subsection (3) above shall have effect as if for “twenty-eight days beginning with the date of the participation notice” there were substituted “fifty-six days beginning with the date provided for in relation to the participation notice by virtue of section 97(5)(a) above”; and (b) subsection (4) above shall have effect as if for paragraph (a) there were substituted— “(a) if the person is required by the participation notice to give a prescribed number of days’ notice (or, if no number of days is prescribed, seven days’ notice), at least that number of days before the date of the notice given to the Secretary of State under subsection (3) above; or”.”’. Andrew George
5 Clause 16, page 11, line 16, leave out ‘Bus’. Gillian Merron 2 Clause 16, page 11, line 17, leave out subsection (2). New ClauseS Application to Isles of Scilly Andrew George
NC1 To move the following Clause:— ‘(1) This Act, in its application to the Isles of Scilly, has effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe. (2) In particular, an order under subsection (1) may— (a) provide for the application of this Act to water-borne public passenger transport services; (b) amend the categories of person who are entitled to concessionary travel under this Act.’. Reimbursement of travel concession authorities Paul Rowen
NC2 To move the following Clause:— ‘After section 149 of the 2000 Act (Reimbursement of operators) insert— “149A Reimbursement of travel concession authorities (1) Where a travel concession authority has responsibility for the administration of mandatory travel concessions under section 145A, including the administration and issuing of permits under section 145A(4) and the reimbursement of operators under section 149, the Secretary of State shall reimburse the authority the full costs of administering mandatory travel concessions by means of a direct annual revenue grant. (2) The Secretary of State shall reserve a proportion of the funding allocated to the mandatory travel concession scheme to provide a contingency fund. (3) A contingency fund under subsection (2) shall be used to reimburse any travel concession authority for any unforeseen capital and set up costs incurred by that authority in introducing a scheme to comply with this section.”’. Concessionary Bus Fares Council Paul Rowen
NC3 To move the following Clause:— ‘(1) There shall be a Concessionary Bus Fares Council. (2) The Concessionary Bus Fares Council shall comprise— (a) representatives from passenger user groups, (b) representatives from local authorities, (c) representatives from the Department for Transport, and (d) such other persons as the Secretary of State thinks fit. (3) The Concessionary Bus Fares Council shall undertake the following functions— (a) determining a framework for eligible services, (b) determining a pricing framework for the reimbursement of operators, (c) overseeing the introduction of any national smart card scheme, (d) undertaking other roles as determined by the Secretary of State. (4) Before performing the functions set out in subsection (3) the Concessionary Bus Fares Council shall consult— (a) the Secretary of State, (b) local authorities, (c) operators, (d) passenger groups, and (e) such other persons as the council sees fit.’. Review of reimbursement arrangements Stephen Hammond
NC4 To move the following Clause:— ‘Two years after the commencement of this Act the Secretary of State shall conduct a review of arrangements for allocating funding to local authorities necessary for the reimbursement of operators under section 3(2) of this Act, and shall lay before Parliament a report setting out his findings.’. Funding statement Stephen Hammond
NC5 To move the following Clause:— ‘At the end of each financial year after the commencement of this Act the Secretary of State shall make a statement to Parliament setting out— (a) the total sum of funds made available to local authorities for the purposes of providing bus services and concessionary fares thereon in the financial year just ended, and (b) the method by which those funds have been made available.’. ORDER OF THE HOUSE [14TH MAY 2007] That the following provisions shall apply to the Concessionary Bus Travel Bill [Lords]: Committal 1. The Bill shall be committed to a Public Bill Committee. Proceedings in Public Bill Committee 2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on 7th June 2007. 3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets. Consideration and Third Reading 4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced. 5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day. 6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading. Other proceedings 7. Any other proceedings on the Bill (including any proceedings on consideration of any message from the Lords) may be programmed. Paul Rowen
30 Schedule 1, page 13, line 18, at end add— ‘(7) After paragraph 5(7) insert— “(8) Where a London authority considers the amount notified by Transport for London under paragraph 5(1) to be excessive, the authority may within 7 days of being notified by Transport for London apply to the Secretary of State to review the proposed charge. (9) If the Secretary of State agrees that the proposed charge is excessive, then he shall notify both Transport for London and the authority of an alternative lower amount.”.’. |
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| © Parliamentary copyright 2007 | Prepared: 5 June 2007 |