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]
Part 3 — Bus services
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Continuation of scheme for further period

After section 131 of the TA 2000 insert—
“131A
Continuation of scheme for further period
(1)
If it appears to them appropriate to do so, the authority or authorities
who made the scheme (other than any to whose area the scheme no
5
longer relates) may decide that the scheme should continue in
operation for a further period, with or without modification.
(2)
Before making such a decision, they must—
(a)
publish, in such manner as they think fit, a consultation
document complying with subsection (3),
10
(b)
supply a copy of that document to each of the persons
mentioned in section 125(3), and
(c)
give notice in accordance with section 125(2) of the proposal to
continue the scheme in at least one newspaper circulating in the
area to which the scheme relates.
15
(3)
The consultation document mentioned in subsection (2)(a) must
include—
(a)
a description of the scheme, together with any proposed
modifications to it;
(b)
a statement of the opinion of the authority or authorities as to
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the effectiveness of the scheme in achieving the objectives set
out in paragraphs (a) to (e) of section 124(1) or, as the case may
be, paragraphs (b) and (d) of section 124(1A) up to the date of
the report;
(c)
a statement of the reasons why they are satisfied that the
25
scheme as proposed to be continued (with any proposed
modifications) will meet the conditions in subsection (1) or, as
the case may be, (1A) of section 124;
(d)
a description of any arrangements which the authority or
authorities intend to make (including arrangements with other
30
authorities or other persons) for or in connection with the
continuation of the scheme;
(e)
a statement of the period for which it is proposed that the
scheme should continue in operation, which must not be more
than a further 10 years;
35
(f)
if the authority or authorities consider that the proposal for the
scheme to continue is an exempt proposal for the purposes of
section 131B, a statement of that fact;
(g)
a statement of how any costs which the authority or authorities
expect to incur under the scheme are to be defrayed;
40
(h)
a declaration by the chief finance officer or officers of the
authority or authorities that, after taking into account—
(i)
any estimated income from fares, and
(ii)
any grants from Ministers of the Crown or government
departments,
45

any remaining funding required to continue the scheme in
operation can be provided from other resources available to the
authority or authorities.

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(4)
Subsections (2) to (6) of section 125 apply in relation to a proposal to
continue a scheme as they apply in relation to a proposal to make one,
with the following modifications—
(a)
the reference in subsection (5) to the proposed scheme is to be
read as a reference to the scheme as proposed to be continued,
5
and
(b)
the reference in subsection (6) to subsection (1A)(e) of section
125 is to be read as a reference to subsection (3)(g) of this section.
(5)
The consultation document mentioned in subsection (2)(a) must be
published and supplied in accordance with subsection (2) not less than
10
12 months before the later of the following dates—
(a)
the end of the period specified in the scheme in accordance with
section 127(2)(c),
(b)
if the scheme has been continuing in operation by virtue of the
previous application of this section, the end of the period for
15
which it is so continuing in operation.
(6)
If the authority or authorities publish and supply a consultation
document in accordance with subsection (5), the scheme remains in
operation (without any modifications proposed by them under
subsection (1)) until there is a final determination as to whether the
20
scheme should be continued.
(7)
For the purposes of subsection (6), there is a final determination as to
whether a scheme should be continued—
(a)
in any case where the authority or authorities decide not to
continue the scheme, when they so decide;
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(b)
in any case where the authority or authorities decide to
continue the scheme (but subject to paragraph (c)), when the
appropriate approval authority decides whether to approve the
continuation of the scheme under section 126, as applied by
section 131B;
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(c)
in any case where an appeal is lodged against the decision of the
appropriate approval authority on an application for approval,
when the appeal is finally disposed of.
(8)
For the purposes of subsection (7) an appeal is “finally disposed of” on
the latest of the following dates—
35
(a)
the date on which the appeal is finally determined,
(b)
the date on which the time for any further appeal expires
without any such appeal having been made,
(c)
the date on which the appeal is abandoned or withdrawn,

and in the paragraphs of this subsection “appeal” includes a reference
40
to any further appeal or appeals.”.
31
Approval of continuation of scheme

After section 131A of the TA 2000 insert—
“131B
Approval of continuation of scheme
(1)
Section 126 (approval of scheme by appropriate approval authority)—
45
(a)
does not apply in relation to a proposal to continue a scheme if
the proposal is an exempt proposal (see subsection (5)), but

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Part 3 — Bus services
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(b)
in any other case applies in relation to a proposal to continue a
scheme as it applies in relation to a proposal to make one, but
with the modifications set out in subsection (2).
(2)
The modifications are—
(a)
the reference in subsection (1) to section 125 is to be read as a
5
reference to section 131A;
(b)
any reference to section 125(3) is to be read as a reference to that
subsection as applied by section 131A(4);
(c)
the reference in subsection (4)(a) to the conditions set out in
paragraphs (a) to (e) of section 124(1) or (as the case may be)
10
paragraphs (a) to (d) of section 124(1A) being met is to be read
as a reference to those conditions being met by the scheme as
proposed to be continued (with any proposed modifications).
(3)
If the authority or authorities proposing to continue a scheme proceed
on the basis that the proposal is an exempt proposal, they must—
15
(a)
publish in such manner as they think fit, and within the time
allowed, a notice announcing their decision on the proposal,
(b)
supply a copy of that notice to each of the persons mentioned in
section 125(3), and
(c)
give notice in accordance with section 125(2) of the decision in
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at least one newspaper circulating in the area to which the
scheme relates,

and for the purposes of paragraph (a) the time allowed is the period of
6 months following the date of publication of the consultation
document required by section 131A(2)(a).
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(4)
In the following provisions of this section—
“the continuation scheme” means the scheme as proposed to be
continued;
“excluded services”, in the case of any quality contracts scheme,
means any local services, or class of local services, which are
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excluded from the scheme by virtue of section 127(4);
“the existing scheme” means—
(a)
the scheme as last continued, or
(b)
if the scheme has not previously been continued, the
scheme as originally made;
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“unregulated services” means any local services provided
otherwise than under a contract with one or more local
transport authorities;

and any reference to the coming into force of a scheme includes a
reference to the coming into force of any particular provision of it.
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(5)
For the purposes of this section a proposal to continue a scheme is an
exempt proposal if—
(a)
any one or more of Conditions 1 to 3 are met and Conditions A
and B are met, or
(b)
the circumstances are as prescribed in regulations made by the
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appropriate national authority.
(6)
Condition 1 is that it is not proposed that the area to which the
continuation scheme relates is to be greater than the area to which the
existing scheme relates.

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(7)
Condition 2 is that it is proposed that the area to which the continuation
scheme relates is to be greater than the area to which the existing
scheme relates, but—
(a)
the additional area proposed to be included falls wholly within
the area or combined area of the authority or authorities
5
proposing to continue the scheme, and
(b)
it is not proposed that under the continuation scheme any
descriptions of local services are to be provided under quality
contracts in addition to the descriptions of local services so
provided under the existing scheme.
10
(8)
Condition 3 is that during the period while the existing scheme has
been in force—
(a)
there has been a change in the area of the authority, or of any of
the authorities, that last made or continued the scheme, or
(b)
a different authority has become the local transport authority
15
for some or all of the area to which the scheme relates,

but it is not proposed that under the continuation scheme any
descriptions of local services are to be provided under quality contracts
in addition to the descriptions of local services so provided under the
existing scheme.
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(9)
Condition A is that it is not proposed under the continuation scheme
that any local services which, immediately before the coming into force
of that scheme, were unregulated services are under the continuation
scheme to be provided under quality contracts.
(10)
Condition B is that it is not proposed under the continuation scheme
25
that any services which, immediately before the coming into force of
that scheme, were excluded services in the case of the existing scheme
are not to be excluded services in the case of the continuation scheme.”.
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Appeals relating to exempt proposals for continuation of scheme

After section 131B of the TA 2000 insert—
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“131C
  Appeals relating to exempt proposals for continuation of scheme
(1)
This section applies where—
(a)
it is proposed that a scheme be continued in operation, and
(b)
the authority or authorities proposing the continuation are of
the opinion that the proposal is an exempt proposal for the
35
purposes of section 131B.
(2)
Any person who was consulted by the authority or authorities by virtue
of section 131A may appeal to the Transport Tribunal against—
(a)
the decision of the authority or authorities that the proposal is
an exempt proposal for the purposes of section 131B, or
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(b)
the decision of the authority or authorities that the scheme is to
continue in force (with or without any modifications).
(3)
The powers of the Tribunal on an appeal under this section include
power to do any one or more of the following—
(a)
dismiss the appeal in whole or in part,
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(b)
quash the whole or any part of the decision appealed against,

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(c)
approve the continuation of the scheme with such
modifications (or further modifications) as the Tribunal may
specify,
(d)
remit the matter to the authority or authorities with one or more
directions under subsection (4).
5
(4)
A direction under this subsection is a direction for the authority or
authorities to do each of the following—
(a)
consider or reconsider such matters as may be specified in the
direction,
(b)
consult or further consult as respects those matters in
10
accordance with section 125(2) to (6) as applied by section
131A(4),
(c)
make such modifications of the scheme as may in consequence
appear appropriate to the authority or authorities.
(5)
If, on an appeal under this section, the Transport Tribunal determine
15
that the proposal to continue the scheme was not an exempt proposal
for the purposes of section 131B—
(a)
they must allow the appeal to that extent,
(b)
they must remit the matter to the authority or authorities, and
(c)
section 131B(1)(b) (approval by appropriate approval authority)
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has effect in relation to the proposal.”.
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Appeals relating to continuation of scheme

After section 131C of the TA 2000 insert—
“131D
Appeals relating to continuation of scheme
(1)
This section applies where—
25
(a)
it is proposed that a scheme be continued in operation,
(b)
the proposal is not an exempt proposal for the purposes of
section 131B, and
(c)
the area to which the scheme relates is in England.
(2)
Any person falling within subsection (3) may appeal to the Transport
30
Tribunal against the decision of the approvals board for England on the
application for approval of the continuation of the scheme under
section 126 as applied by section 131B.
(3)
The persons are—
(a)
the authority, or any of the authorities, who propose to continue
35
the scheme,
(b)
any person who was consulted by the authority or authorities
by virtue of section 131A.
(4)
Subsections (4) to (6) of section 126D apply in relation to an appeal
under subsection (2) as they apply in relation to an appeal under
40
subsection (2) of that section.
(5)
Section 126E (powers of Tribunal) applies in relation to an appeal under
this section as it applies in relation to an appeal under section 126D,
with the following modifications—

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(a)
the reference in subsection (3)(b) to section 125 is to be read as a
reference to section 131A;
(b)
the reference in subsection (4) to section 126 is to be read as a
reference to that section as applied by section 131B.”.
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Variation or revocation of scheme
5
(1)
Section 132 of the TA 2000 (variation or revocation of scheme) is amended as
follows.
(2)
In subsection (2) (which refers to the conditions in certain provisions of section
124) for “subsection (1)(a) and (b)” substitute “subsection (1)(a) to (e)”.
(3)
In subsection (4A)(a) (which contains a similar reference) for “124(1)(a) and (b)”
10
substitute “124(1)(a) to (e)”.
(4)
In subsection (5) (approval required for variation or revocation)—
(a)
in paragraph (a), for “the authority which approved the making of the
scheme,” substitute “the appropriate approval authority,”,
(b)
after the words so substituted insert “except in the case of an exempt
15
variation (see subsection (5A)),”,
(c)
in the closing words, after “section 130 applies to a varied scheme”
insert “(whether or not the variation is an exempt variation)”.
(5)
After subsection (5) insert—
“(5A)
A variation of a scheme is an exempt variation for the purposes of this
20
section if the variation is—
(a)
a reduction in the area to which the scheme relates,
(b)
a reduction in the descriptions of services which are to be
provided under quality contracts, or
(c)
the provision of new exclusions from the scheme.”.
25
35
Appeals relating to exempt variations of scheme

After section 132 of the TA 2000 insert—
“132A
  Appeals relating to exempt variations of scheme
(1)
This section applies where—
(a)
it is proposed that a scheme be varied under section 132, and
30
(b)
the authority or authorities proposing the variation are of the
opinion that it is an exempt variation for the purposes of that
section.
(2)
Any person who was consulted by the authority or authorities by virtue
of section 132(5)(b) may appeal to the Transport Tribunal against—
35
(a)
the decision of the authority or authorities that the variation is
an exempt variation for the purposes of section 132, or
(b)
the decision of the authority or authorities as to the variation of
the scheme under that section.
(3)
The powers of the Tribunal on an appeal under this section include
40
power to do any one or more of the following—
(a)
dismiss the appeal in whole or in part,
(b)
quash the whole or any part of the decision appealed against,

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(c)
approve the variation of the scheme with such modifications (or
further modifications) as the Tribunal may specify,
(d)
remit the matter to the authority or authorities with one or more
directions under subsection (4).
(4)
A direction under this subsection is a direction for the authority or
5
authorities to do each of the following—
(a)
consider or reconsider such matters as may be specified in the
direction,
(b)
consult or further consult as respects those matters in
accordance with section 125(2) to (6) as applied by section
10
132(5)(b),
(c)
make such modifications of the scheme as may in consequence
appear appropriate to the authority or authorities.
(5)
If, on an appeal under this section, the Transport Tribunal determine
that the variation is not an exempt variation for the purposes of section
15
132—
(a)
they must allow the appeal to that extent,
(b)
they must remit the matter to the authority or authorities, and
(c)
the variation requires the approval of the appropriate approval
authority under section 132(5)(a).”.
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Regulations about schemes
(1)
Section 133 of the TA 2000 (regulations about schemes) is amended as follows.
(2)
In subsection (1)(a) (regulations with respect to making, varying or revoking
schemes) after “varying” insert “, continuing”.
(3)
In subsection (2) (particular matters for which regulations may provide)—
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(a)
in paragraph (a) (proposed variations or revocation of schemes) after
“proposed variations” insert “, continuations”;
(b)
after paragraph (e) (form and manner of applications for approval)
insert—
“(ee)
the procedure for determining such applications,”;
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(c)
in paragraph (f) (form of schemes or variations) for “or variations”
substitute “, variations or continuations”.
37
Power to make transitional provision about schemes
(1)
Section 134 of the TA 2000 (transitional provision about schemes) is amended
as follows.
35
(2)
In subsection (1)(a) (transitional provision about the coming into operation of
quality contracts schemes) after “quality contracts schemes” insert “or of
provisions of such schemes”.
(3)
In subsection (2) (application or disapplication, with or without modifications,
of sections 6 to 9 of the TA 1985) in paragraph (a), after “(registration of local
40
services)” insert “, or of sections 89 to 92 of that Act (obligation to invite tenders
etc),”.