Local Transport Bill [HL]

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Local Transport Bill [HL]

Local Transport Bill [HL]
Schedule 3 — Detention of certain PSVs used without PSV operators’ licences
108

(b)
in so far as they are not so applied, to be applied in such other
manner as may be prescribed.
      (2)
Regulations may in particular provide for a sum determined in accordance
with the regulations to be paid to a person if—
(a)
the person claims, after the sale of property under regulations made
5
by virtue of paragraph 11(b), 13 or 14(1)(b) above, to be or to have
been its owner;
(b)
the claim is made within a prescribed time of the sale; and
(c)
any other prescribed conditions are fulfilled.
Disputes
10
17    (1)
Regulations may make provision about the proceedings to be followed
where a dispute occurs as a result of regulations made by virtue of
paragraph 14 or 16 above.
      (2)
The provision that may be made by virtue of sub-paragraph (1) above
includes provision—
15
(a)
for an application to be made to a magistrates’ court or, in the case of
an application made in Scotland, the sheriff;
(b)
for a court or the sheriff to order a sum to be paid by the Secretary of
State.
      (3)
Any application made to the sheriff in accordance with regulations made by
20
virtue of sub-paragraph (2)(a) above must be made by way of summary
application.
Obstruction of authorised person
18
Regulations may provide that a person who intentionally obstructs an
authorised person in the exercise of the powers of such a person under
25
regulations made by virtue of this Schedule is guilty of an offence and liable
on summary conviction to a fine not exceeding level 3 on the standard scale.
Offences as to securing possession of property
19    (1)
Regulations may provide that a person is guilty of an offence if—
(a)
the person makes a declaration with a view to securing the return of
30
a vehicle under regulations made by virtue of paragraph 11 above;
(b)
the declaration is that the vehicle was not being, or had not been,
used in contravention of section 12(1) of this Act; and
(c)
the declaration is, to the person's knowledge, either false or in any
material respect misleading.
35
      (2)
Regulations may provide that a person guilty of such an offence is liable—
(a)
on summary conviction, to a fine not exceeding the statutory
maximum; and
(b)
on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine or to both.”
40

Local Transport Bill [HL]
Schedule 4 — Change of name of PTAs: consequential amendments
Part 1 — Amendments of the Transport Act 1968
109

Schedule 4
Section 72

Change of name of PTAs: consequential amendments
Part 1
Amendments of the Transport Act 1968
1
The TA 1968 is amended as follows.
5
2     (1)
Section 9 (Passenger Transport Areas, Authorities and Executives) is
amended as follows.
      (2)
In subsection (1)(a)—
(a)
after “the following areas” insert “shall be designated as follows”;
(b)
in sub-paragraph (i) for “the metropolitan counties” substitute “each
10
of the metropolitan counties shall be an integrated transport area”;
(c)
the words “shall be a passenger transport area” become part of sub-
paragraph (ii).
      (3)
In subsection (1)(b) for the words from the beginning to the end of sub-
paragraph (i) substitute—
15
“(b)
any reference to “the Authority” is a reference to—
(i)
in relation to an integrated transport area in England
and Wales, the Integrated Transport Authority
established for the metropolitan county which is
coterminous with or includes that integrated
20
transport area; and”.
      (4)
In subsection (1)(c) for the words preceding sub-paragraph (i) substitute—
“(c)
any reference to “the Executive” is a reference to—”.
      (5)
In subsection (2) after “The Executive for” insert “an integrated transport
area or”.
25
      (6)
In subsection (3) after “the Executive for any” insert “integrated transport
area or”.
      (7)
In subsection (4) for “the Passenger Transport Authority” substitute “the
Authority”.
      (8)
In subsection (5) for “a passenger transport area” substitute “an integrated
30
transport area”.
      (9)
In consequence of the amendments made by this Part, the heading to that
section becomes “Areas, Authorities and Executives”.
3     (1)
Section 9A (general functions of Passenger Transport Authorities and
Executives) is amended as follows.
35
      (2)
Before “passenger transport area” (in each place) insert “integrated transport
area or”.
      (3)
In consequence of the amendments made by this Part, the heading to that
section becomes “General functions of Authorities and Executives”.

Local Transport Bill [HL]
Schedule 4 — Change of name of PTAs: consequential amendments
Part 1 — Amendments of the Transport Act 1968
110

4
In section 10 (general powers of Executive), in each of subsections (1), (3) and
(5), before “a passenger transport area” insert “an integrated transport area
or”.
5
In section 12(1) (borrowing powers of Executive) after “the Executive for”
insert “an integrated transport area or”.
5
6
In section 14(1) (accounts of Executive) after “The Executive for” insert “an
integrated transport area or”.
7
In section 15 (further functions of Authority), in subsections (1) and (6),
before “a passenger transport area” insert “an integrated transport area or”.
8
In section 16(1) (publication of annual report by Authority and Executive)
10
after “The Authority for any” insert “integrated transport area or”.
9
In section 20(2) (special duty of Executives with respect to railway passenger
services) after “the Executive for” insert “an integrated transport area or”.
10
In section 23 (consents of, or directions by, Minister under Part 2), in each of
subsections (1), (2) and (3), before “a passenger transport area” insert “an
15
integrated transport area or”.
11
In consequence of the amendments made by this Part—
(a)
the heading to Part 2 of that Act becomes “Integrated Transport
Areas and Passenger Transport Areas”;
(b)
in the italic cross-headings preceding sections 9 and 20, before
20
“Passenger Transport Areas” there is inserted “Integrated Transport
Areas or”.
12    (1)
Section 56 (assistance towards capital expenditure on public transport
facilities) is amended as follows.
      (2)
In subsection (4)(a) after “general policies formulated by” insert “an
25
Integrated Transport Authority or”.
      (3)
For subsection (6)(bb) substitute—
“(bb)
an Integrated Transport Authority for an integrated
transport area in England;”.
13
In section 134(1) (duty to act in certain cases as body engaged in commercial
30
enterprise) after “any area which is” insert “an integrated transport area or”.
14    (1)
Section 137 (machinery for negotiation and consultation with staff) is
amended as follows.
      (2)
In subsection (1)(c) after “any area which is” insert “an integrated transport
area or”.
35
      (3)
In subsection (3)(b)—
(a)
after “such an Executive,” insert “to the Integrated Transport
Authority for the integrated transport area in question or, in
Scotland,”;
(b)
for “relevant Passenger Transport Authority” substitute “relevant
40
Authority”.
      (4)
In subsection (4) for “relevant Passenger Transport Authority” (in both
places) substitute “relevant Authority”.

Local Transport Bill [HL]
Schedule 4 — Change of name of PTAs: consequential amendments
Part 2 — Amendments of the Transport Act 1985
111

15
In section 141(1) (application of Town and Country Planning Acts) after
“any area which is” insert “an integrated transport area or”.
16
In section 160(5) (stamp duty) after “any area which is” insert “an integrated
transport area or”.
17    (1)
Schedule 5 (Passenger Transport Authorities and Executives) is amended as
5
follows.
      (2)
In Part 2 (the Executive), in paragraph 2 after “the Authority for” (in both
places) insert “the integrated transport area or, as the case may be,”.
      (3)
In Part 3 (matters which may be dealt with by order under section 9), in
paragraph 11 after “the Executive for” insert “an integrated transport area
10
or”.
      (4)
The heading to the Schedule becomes “Passenger Transport Executives”.
Part 2
Amendments of the Transport Act 1985
18
The TA 1985 is amended as follows.
15
19
In consequence of the amendments made by this Part—
(a)
the italic cross-heading preceding section 57 becomes “Integrated
Transport Areas and Passenger Transport Areas”;
(b)
the heading to section 57 becomes “Areas, Authorities and
Executives”.
20
20    (1)
In section 63(9)(b) (functions of local councils with respect to passenger
transport) after “the Passenger Transport Executive for any” insert
“integrated transport area or”.
      (2)
In consequence of the amendments made by this Part, in the heading to
section 63 after “other than” there is inserted “integrated transport areas
25
and”.
21
In section 64(1) (consultation with respect to policies as to services) after
“with every” insert “Integrated Transport Authority,”.
22    (1)
Section 72 (the public transport companies and their controlling authorities)
is amended as follows.
30
      (2)
In subsection (1)(a)—
(a)
before “passenger transport area” (in each place) insert “integrated
transport area or”;
(b)
before “Passenger Transport Authority” (in each place) insert
“Integrated Transport Authority or”.
35
      (3)
In subsection (1)(b) after “section 61 of this Act” insert “by the Integrated
Transport Authority for any integrated transport area or”.
      (4)
In subsection (3)(a) after “(as the case may be)” insert “the Integrated
Transport Authority or”.
      (5)
In subsection (5)—
40
(a)
after “in relation to” insert “an Integrated Transport Authority or”;

Local Transport Bill [HL]
Schedule 4 — Change of name of PTAs: consequential amendments
Part 2 — Amendments of the Transport Act 1985
112

(b)
after “that Executive or the” insert “Integrated Transport Authority
or”.
23
In section 73(5) (control over constitution and activities of public transport
companies) after “whose controlling authority are” insert “the Integrated
Transport Authority for any integrated transport area or”.
5
24
In section 74(2) (disabilities of directors of public transport companies)—
(a)
for “a Passenger Transport Authority for a passenger transport area”
substitute “an Integrated Transport Authority for an integrated
transport area”;
(b)
for “that Passenger Transport Authority” substitute “that Integrated
10
Transport Authority”.
25    (1)
Section 75 (powers of investment and disposal in relation to public transport
companies) is amended as follows.
      (2)
In subsection (1) after “a Passenger Transport Executive,” insert “an
Integrated Transport Authority,”.
15
      (3)
In subsection (4), at the beginning insert “An Integrated Transport
Authority,”.
26    (1)
Section 79 (financial backing for public transport companies) is amended as
follows.
      (2)
In each of subsections (1), (4), (6) and (10), at the beginning insert “An
20
Integrated Transport Authority,”.
      (3)
In subsection (8) after “Subject to subsection (9) below,” insert “an Integrated
Transport Authority,”.
27    (1)
In section 80 (duty not to inhibit competition) at the beginning insert “An
Integrated Transport Authority or”.
25
      (2)
In consequence of the amendments made by this Part, in the heading to
section 80 after “Duty of” there is inserted “Integrated Transport Authority
or”.
28    (1)
Section 81 (provision, maintenance and operation of bus stations) is
amended as follows.
30
      (2)
In subsections (1) and (3) after “Passenger Transport Executive for any”
insert “integrated transport area or”.
29
In section 84(1)(a) (compensation for loss of employment, etc, on disposal of
interest) after “any interests held by” insert “an Integrated Transport
Authority,”.
35
30    (1)
Section 85 (incorporation of Passenger Transport Executives into
Authorities) is amended as follows.
      (2)
In subsection (1)—
(a)
after “the Passenger Transport Executive for any” insert “integrated
transport area or”;
40
(b)
after “specified in the order to” insert “the Integrated Transport
Authority or, as the case may be,”.
      (3)
In subsection (3)—

Local Transport Bill [HL]
Schedule 4 — Change of name of PTAs: consequential amendments
Part 2 — Amendments of the Transport Act 1985
113

(a)
for “and Authorities” substitute “, Integrated Transport Authorities
and Passenger Transport Authorities”;
(b)
after “in relation to the” insert “integrated transport area or”.
31
In section 86(1) (amendments consequential on orders under section 85)
after “in relation to” insert “integrated transport areas or”.
5
32    (1)
Section 93 (travel concession schemes) is amended as follows.
      (2)
In subsection (8)(b)(i) for “a metropolitan county passenger transport
authority” substitute “an Integrated Transport Authority for an integrated
transport area”.
      (3)
In subsection (9)(b) for “a Passenger Transport Authority for a passenger
10
transport area” substitute “an Integrated Transport Authority for an
integrated transport area”.
      (4)
In subsection (10) after “Where” insert “an Integrated Transport Authority
or”.
33
In section 95(4) (publicity requirements for schemes) after “under section 93
15
of this Act are” insert “an Integrated Transport Authority or”.
34
In section 96(3) (right of service operators to participate in concession
schemes) after “with the consent of” insert “the Integrated Transport
Authority or, as the case may be,”.
35
In section 97(10) (compulsory participation in concession schemes) after “the
20
consent of” insert “the Integrated Transport Authority or, as the case may
be,”.
36    (1)
Section 104 (travel concessions on services provided by PTEs) is amended as
follows.
      (2)
In subsections (1) and (2) for “Passenger Transport Authority” (in each
25
place) substitute “Authority”.
      (3)
In subsections (2) and (3) before “a passenger transport area” insert “an
integrated transport area or”.
      (4)
After subsection (3) insert—
“(4)
In this section “Authority”, in relation to an area, means the
30
Integrated Transport Authority or, as the case may be, the Passenger
Transport Authority for that area.”.
37
In section 106(4)(a) after “any” insert “Integrated Transport Authority,”.
38
In section 130(3) (capital gains tax) after “from a Passenger Transport
Executive to” insert “an Integrated Transport Authority or”.
35
39
In consequence of the amendments made by this Part, in the heading to
section 133 for “Passenger Transport Authorities and Executives” there is
substituted “Authorities and Executives”.
40
In section 137(5) (interpretation of references to Authorities, etc)—
(a)
for “Passenger Transport Authorities and Executives” (in both
40
places) substitute “Integrated Transport Authorities, Passenger
Transport Authorities and Passenger Transport Executives”;

Local Transport Bill [HL]
Schedule 4 — Change of name of PTAs: consequential amendments
Part 3 — Amendments of the Transport Act 2000
114

(b)
before “passenger transport areas” (in both places) insert “integrated
transport areas and”.
Part 3
Amendments of the Transport Act 2000
41
The TA 2000 is amended as follows.
5
42
In section 108(4) (meaning of “local transport authority” for purposes of Part
2 of that Act) for paragraph (c) substitute—
“(c)
an Integrated Transport Authority for an integrated
transport area in England, or”.
43    (1)
Section 124 (quality contracts schemes) is amended as follows.
10
      (2)
In subsection (1A)—
(a)
for “A Passenger Transport Authority” substitute “An Integrated
Transport Authority”;
(b)
for “a Passenger Transport Authority” substitute “an Integrated
Transport Authority”;
15
(c)
for “the Passenger Transport Authority” substitute “the Integrated
Transport Authority”.
      (3)
In subsection (1B)—
(a)
for “Passenger Transport Authority” substitute “Integrated
Transport Authority”;
20
(b)
for “Passenger Transport Authorities” substitute “Integrated
Transport Authorities”.
      (4)
In subsection (11)—
(a)
for “Passenger Transport Authority” substitute “Integrated
Transport Authority”;
25
(b)
for “a Passenger Transport Authority” substitute “an Integrated
Transport Authority”;
(c)
for “Passenger Transport Authorities” substitute “Integrated
Transport Authorities”.
44
In section 146 (mandatory concessions: supplementary), in paragraph (c) of
30
the definition of “travel concession authority”, for “a passenger transport
area” substitute “an integrated transport area”.
45    (1)
In section 157(1) (grants) for “the Passenger Transport Authority for a
passenger transport area” substitute “the Integrated Transport Authority for
an integrated transport area”.
35
      (2)
In consequence of the amendments made by this Part, the heading to section
157 becomes “Grants to Integrated Transport Authorities”.
46    (1)
Section 162 (interpretation of Part 2) is amended as follows.
      (2)
In subsection (4)—
(a)
for “a Passenger Transport Authority” substitute “an Integrated
40
Transport Authority”;
(b)
for “passenger transport area” (in both places) substitute “integrated
transport area”;