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Local Transport Bill [HL]


Local Transport Bill [HL]
Part 1 — The traffic commissioners

1

 

[NOTE: The words marked in bold type were inserted by the Lords to avoid

questions of privilege.]

A

Bill

To

Make further provision in relation to local transport authorities, the provision

and regulation of road transport services and the subsidising of passenger

transport services; to amend sections 74, 75 and 79 of the Transport Act 1985;

to make provision for or in relation to committees which represent the

interests of users of public transport; to rename Passenger Transport

Authorities as Integrated Transport Authorities and to make further provision

in relation to them; to make further provision in relation to charging for the

use of roads; to make provision in relation to the acquisition, disclosure and

use of information relating to vehicles registered outside the United Kingdom;

and for connected purposes. 

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:—

Part 1

The traffic commissioners

1       

Traffic areas

(1)   

Section 3 of the PPVA 1981 (traffic areas) is amended as follows.

(2)   

After subsection (2) (orders varying traffic areas) insert—

5

“(2A)   

The power to make an order under subsection (2) above includes power

to make—

(a)   

such incidental, consequential, supplemental or transitional

provision, and

(b)   

such savings,

10

   

as the Secretary of State may consider necessary or expedient for the

purpose of, or in consequence of, or for giving full effect to, any order

under that subsection for varying the number or limits of traffic areas

in England and Wales.

 
Bill 6754/3
 
 

Local Transport Bill [HL]
Part 1 — The traffic commissioners

2

 

(2B)   

The power conferred by subsection (2A) above includes power to

amend or modify any enactment (whenever passed or made) for the

purpose of making any such provision or savings.

(2C)   

The powers conferred by subsections (2A) and (2B) above are without

prejudice to what may be done under subsection (3) below.”.

5

2       

Traffic commissioners

(1)   

Section 4 of the PPVA 1981 (traffic commissioners) is amended as follows.

(2)   

For subsections (1) and (2) (commissioner to be appointed for each traffic area

etc) substitute—

“(1)   

For the purposes of this Act there shall be—

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(a)   

such number of commissioners for England and Wales as the

Secretary of State may consider appropriate; and

(b)   

a single commissioner for the Scottish Traffic Area (the “Scottish

traffic commissioner”).

(2)   

The commissioners shall be appointed by the Secretary of State and

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shall be known as traffic commissioners.”.

(3)   

In subsection (3) (function of issuing licences) for “The traffic commissioner for

each traffic area” substitute “A traffic commissioner”.

(4)   

After subsection (3) insert—

“(3A)   

A traffic commissioner for England and Wales—

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(a)   

may exercise the functions of a traffic commissioner in any

traffic area in England and Wales; and

(b)   

may exercise in relation to the Scottish Traffic Area any

functions of a traffic commissioner that relate to reserved

matters within the meaning of the Scotland Act 1998.

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(3B)   

The Scottish traffic commissioner—

(a)   

is to exercise the functions of a traffic commissioner in relation

to the Scottish Traffic Area; and

(b)   

may exercise in relation to any traffic area in England and Wales

any functions of a traffic commissioner that relate to reserved

30

matters within the meaning of the Scotland Act 1998.”.

(5)   

In subsection (4) (terms of office) in the opening words, for “the traffic

commissioner for a traffic area” substitute “a traffic commissioner”.

(6)   

In subsection (5) (declaration of certain financial interests before appointment)

for “the traffic commissioner for a traffic area” substitute “a traffic

35

commissioner”.

(7)   

In section 82(1) of the PPVA 1981 (general definitions) insert at the appropriate

place—

“ “the Scottish traffic commissioner” is to be read in accordance

with section 4(1)(b) (the traffic commissioner for the Scottish

40

Traffic Area);”.

 
 

Local Transport Bill [HL]
Part 1 — The traffic commissioners

3

 

3       

The senior traffic commissioner

(1)   

After section 4 of the PPVA 1981 (traffic commissioners) insert—

“4A     

Appointment of senior traffic commissioner

(1)   

One of the traffic commissioners shall be appointed by the Secretary of

State to be the senior traffic commissioner.

5

(2)   

The senior traffic commissioner shall have such functions as may be

conferred or imposed by or under any of the following enactments—

(a)   

section 4B below (deployment of traffic commissioners),

(b)   

section 4C below (guidance and general directions),

   

or any other provision of this Act or any other enactment.

10

(3)   

The senior traffic commissioner—

(a)   

shall hold office for such period as the Secretary of State

specifies when making the appointment; but

(b)   

ceases to hold that office on ceasing to hold office as a traffic

commissioner.

15

(4)   

A traffic commissioner who has been the senior traffic commissioner is

eligible for re-appointment as the senior traffic commissioner.

(5)   

In the case of illness, incapacity or absence of the senior traffic

commissioner, the Secretary of State may appoint another traffic

commissioner to act as deputy for the senior traffic commissioner.

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(6)   

Where the office of senior traffic commissioner becomes vacant, the

Secretary of State may appoint a person (whether or not over the age of

65) to act as senior traffic commissioner pending the appointment of a

new senior traffic commissioner.

(7)   

Any person appointed under subsection (6) above shall—

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(a)   

hold office for such period as the Secretary of State specifies

when making the appointment; and

(b)   

during that period be treated for all purposes as the senior

traffic commissioner.

4B      

Power of senior traffic commissioner to deploy other commissioners

30

(1)   

In this section—

(a)   

subsections (2) to (4) confer powers on the senior traffic

commissioner in relation to traffic commissioners and deputy

traffic commissioners for England and Wales; and

(b)   

subsections (5) to (7) confer powers on the senior traffic

35

commissioner in relation to the Scottish traffic commissioner

and any deputy traffic commissioners for the Scottish traffic

area.

(2)   

The senior traffic commissioner may require any traffic commissioner

for England and Wales to carry out such of the functions of traffic

40

commissioner for England and Wales as the senior traffic commissioner

may determine—

(a)   

in relation to such matters relating to England and Wales, or

(b)   

as respects Scotland, in relation to such reserved matters,

   

as the senior traffic commissioner may determine.

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Local Transport Bill [HL]
Part 1 — The traffic commissioners

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(3)   

The senior traffic commissioner may require any traffic commissioner

for England and Wales to carry out such of those functions as the senior

traffic commissioner may determine at such places—

(a)   

in England and Wales, or

(b)   

in the case of functions which relate to reserved matters and are

5

exercisable in relation to Scotland, in Scotland,

   

as the senior traffic commissioner may determine.

(4)   

Subsections (2) and (3) above also apply in relation to a deputy traffic

commissioner for England and Wales as they apply in relation to a

traffic commissioner for England and Wales, construing the references

10

to functions accordingly.

(5)   

The senior traffic commissioner may require the Scottish traffic

commissioner to carry out as respects England and Wales such of the

functions exercisable by the Scottish traffic commissioner in relation to

reserved matters by virtue of section 4(3B)(b) of this Act as the senior

15

traffic commissioner may determine.

(6)   

The senior traffic commissioner may require the Scottish traffic

commissioner to carry out such of those functions as the senior traffic

commissioner may determine at such places in England and Wales as

the senior traffic commissioner may determine.

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(7)   

Subsections (5) and (6) above also apply in relation to a deputy traffic

commissioner for the Scottish Traffic Area as they apply in relation to

the Scottish traffic commissioner, construing the references to functions

accordingly.

(8)   

In this section—

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“deputy traffic commissioner for the Scottish Traffic Area” means

any person appointed under paragraph 3 or 4 of Schedule 2 to

this Act to act as deputy in the case of the Scottish traffic

commissioner;

“reserved matters” means reserved matters within the meaning of

30

the Scotland Act 1998.

4C      

Power of senior traffic commissioner to give guidance and directions

(1)   

The senior traffic commissioner may give to the traffic

commissioners—

(a)   

guidance, or

35

(b)   

general directions,

   

as to the exercise of their functions under any enactment.

   

This subsection is subject, in relation to Scotland, to subsection (5)

below.

(2)   

The guidance that may be given under subsection (1)(a) above includes

40

guidance as to—

(a)   

the meaning and operation of any enactment or instrument

relevant to the functions of traffic commissioners;

(b)   

the circumstances in which, and the manner in which, a traffic

commissioner should exercise any power to impose any

45

sanction or penalty;

(c)   

matters which a traffic commissioner should or should not take

into account when exercising any particular function.

 
 

Local Transport Bill [HL]
Part 1 — The traffic commissioners

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(3)   

The directions that may be given under subsection (1)(b) above include

directions as to—

(a)   

the circumstances in which, and the manner in which, officers

or servants of a traffic commissioner may exercise any function

for or on behalf of the traffic commissioner, and any conditions

5

which such officers or servants must meet before they may do

so;

(b)   

the information which a traffic commissioner must ask to be

supplied in connection with the exercise of any particular

function, and the steps which must be taken to verify the

10

accuracy of any information so supplied;

(c)   

the procedure to be adopted in conducting inquiries under

section 54 of this Act, section 35 of the Goods Vehicles

(Licensing of Operators) Act 1995 or any other enactment;

(d)   

the manner in which a traffic commissioner must or may

15

publish his decisions;

(e)   

circumstances in which a traffic commissioner must consult

some, or all, of the other traffic commissioners before exercising

any particular function.

(4)   

The senior traffic commissioner must consult each of the following

20

persons before giving any guidance or directions under subsection (1)

above—

(a)   

the Secretary of State;

(b)   

the Scottish Ministers;

(c)   

the Welsh Ministers;

25

(d)   

the other traffic commissioners;

(e)   

such organisations representative of the interests of local

government, of London government, of Integrated Transport

Authorities and of Passenger Transport Executives as the senior

traffic commissioner thinks fit;

30

(f)   

such organisations representative of passenger transport

operators, and of road haulage operators, as the senior traffic

commissioner thinks fit;

   

and such other persons as the senior traffic commissioner thinks fit.

(5)   

The only guidance or directions under this section which the senior

35

traffic commissioner may give to the Scottish traffic commissioner are

guidance or directions as to the exercise of functions that relate to

reserved matters within the meaning of the Scotland Act 1998.

(6)   

The Secretary of State may give the senior traffic commissioner

guidance as to the exercise of the senior traffic commissioner’s

40

functions under this section.

(7)   

The senior traffic commissioner must have regard to any guidance

given under subsection (6) above.”.

(2)   

In each of the following provisions (which provide for traffic commissioners to

act under general directions of the Secretary of State)—

45

(a)   

section 4(4)(a) of the PPVA 1981,

(b)   

section 1(2) of the Goods Vehicles (Licensing of Operators) Act 1995

(c. 23),

 
 

Local Transport Bill [HL]
Part 1 — The traffic commissioners

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for “the general directions of the Secretary of State” substitute “the general

directions of, and shall have regard to any guidance given by, the senior traffic

commissioner”.

(3)   

In Schedule 2 to the PPVA 1981 (traffic commissioners) in paragraph 8, at the

beginning insert “(1)” and at the end insert—

5

    “(2)  

There shall be paid to the senior traffic commissioner such additional

remuneration in respect of the responsibilities of that office as may

be so determined.”.

(4)   

The person who, on the date on which section 4A(1) of the PPVA 1981 comes

into force, is the person designated by the Secretary of State as senior traffic

10

commissioner—

(a)   

is to become, on that date, the first holder of the office of senior traffic

commissioner, and

(b)   

is to remain in that office until the expiry of the term for which that

person was so designated (but subject to section 4A(3)(b) of, and

15

Schedule 2 to, the PPVA 1981).

4       

Amendments of Schedule 2 to the PPVA 1981

(1)   

Schedule 2 to the PPVA 1981 (traffic commissioners) is amended as follows.

(2)   

In paragraph 1 (removal of traffic commissioner for inability or misbehaviour)

for “for inability or misbehaviour” substitute “on the grounds that the traffic

20

commissioner—

(a)   

has misbehaved; or

(b)   

is unable, unfit or unwilling to perform the functions of traffic

commissioner to a standard which the Secretary of State

considers satisfactory”.

25

(3)   

The amendment made by subsection (2) has effect in relation to traffic

commissioners appointed before, as well as traffic commissioners appointed

on or after, the day on which that amendment comes into force.

(4)   

After paragraph 2 insert—

“Deputy traffic commissioners for England and Wales

30

2A    (1)  

The Secretary of State may appoint such number of persons to be

deputy traffic commissioners for England and Wales as the Secretary

of State thinks fit.

      (2)  

A deputy traffic commissioner for England and Wales—

(a)   

may exercise any functions of a traffic commissioner in any

35

traffic area in England and Wales; and

(b)   

may exercise in relation to the Scottish Traffic Area any

functions of a traffic commissioner that relate to reserved

matters.

      (3)  

Appointment as a deputy traffic commissioner for England and

40

Wales shall be upon such terms and conditions, including conditions

as to the time to be devoted to the duties of the office, as the Secretary

of State may determine.

 
 

Local Transport Bill [HL]
Part 1 — The traffic commissioners

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      (4)  

A deputy traffic commissioner for England and Wales shall carry out

such of the functions of that office as the senior traffic commissioner

may determine under section 4B of this Act—

(a)   

in relation to such matters relating to England and Wales, or

(b)   

as respects Scotland, in relation to such reserved matters,

5

           

as the senior traffic commissioner may so determine.

      (5)  

A deputy traffic commissioner for England and Wales shall carry out

such of those functions as the senior traffic commissioner may

determine under section 4B of this Act at such places—

(a)   

in England and Wales, or

10

(b)   

in the case of functions which relate to reserved matters and

are exercisable in relation to Scotland, in Scotland,

           

as the senior traffic commissioner may so determine.

      (6)  

In this paragraph “reserved matters” means reserved matters within

the meaning of the Scotland Act 1998.”.

15

(5)   

In consequence of the amendments made by this section, at the end of the italic

heading preceding paragraph 3 there is inserted “in Scotland”.

(6)   

After that heading, insert—

“2B        

Paragraphs 3 to 5 below have effect in relation to the Scottish Traffic

Area only.”.

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(7)   

After paragraph 5 insert—

“Appointment of acting traffic commissioner during vacancy

5A    (1)  

Where the office of any traffic commissioner for England and Wales

becomes vacant, the Secretary of State may appoint a person

(whether or not over the age of 65) to act as a traffic commissioner for

25

England and Wales pending the appointment of a new traffic

commissioner under section 4 of this Act.

      (2)  

Any person appointed under sub-paragraph (1) above shall—

(a)   

hold office for such period as the Secretary of State specifies

when making the appointment; and

30

(b)   

during that period be treated for all purposes (except those of

paragraph 9 below) as a traffic commissioner for England

and Wales.”.

(8)   

In consequence of the amendment made by subsection (7), in paragraph 6(1)

(appointment of acting traffic commissioner during vacancy) after “for any

35

traffic area” insert “in Scotland”.

(9)   

In paragraph 9 (principal civil service pension scheme) for “traffic

commissioner for each of the traffic areas” substitute “traffic commissioner for

England and Wales or for the Scottish Traffic Area”.

5       

Transitional provision for existing traffic commissioners etc

40

(1)   

Any existing traffic commissioner for a traffic area in England and Wales—

 
 

 
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