Local Transport Bill [HL]

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Local Transport Bill [HL]

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
48

bus permits) insert—
“23A
Power to limit permits under section 19 or 22 to 5 years
(1)
Regulations may provide that any permit granted under section 19 or
22 of this Act on or after a date specified in the regulations is to be for
such period not exceeding 5 years as may be identified in the permit by
5
the person granting it.
(2)
Nothing in subsection (1) above or any regulations made by virtue of
that subsection prevents the grant of subsequent permits under section
19 or 22 of this Act to any person for further such periods.”.
(2)
The Secretary of State may by regulations provide that any permit granted
10
under section 19 or 22 of the TA 1985 before the section 23A start date is
revoked as from such later date (the “revocation date”) as may be specified in
the regulations.
(3)
The revocation date in the case of any permit must be no more than 5 years
after the section 23A start date.
15
(4)
In this section, “the section 23A start date” means the date mentioned in section
23A(1) of the TA 1985 (power to limit permits granted under section 19 or 22
on or after specified date to 5 years).
(5)
Sections 134 and 135 of the TA 1985 (which, among other things, apply sections
60 and 61 of the PPVA 1981 in relation to certain regulations under the TA
20
1985) shall have effect as if—
(a)
subsections (2) to (4) above were contained in Part 1 of the 1985 Act, and
(b)
the matters specified in section 134(3) of the TA 1985 included the
revocation of permits granted under section 19 or 22 of that Act.
(6)
Nothing in subsection (2), or in any regulations made under or by virtue of this
25
section, prevents the grant of subsequent permits under section 19 or 22 of the
TA 1985 to any person.
(7)
Any power to make regulations under or by virtue of this section includes
power—
(a)
to make different provision for different cases or for permits of different
30
descriptions, and
(b)
to make incidental, consequential, supplemental or transitional
provision or savings.
56
Traffic commissioners to keep records about such permits
(1)
In section 126 of the TA 1985 (application of sections 52 and 56 of the PPVA
35
1981) subsection (3) (section 56: records) is amended as follows.
(2)
In the opening words, after “shall apply in relation to” insert “each of the
following”.
(3)
For the word “and” at the end of paragraph (b) substitute the following
paragraphs—
40
“(bb)
permits under section 19 or 22 of this Act granted, varied or
revoked by a traffic commissioner;
(bc)
copies of permits submitted to a traffic commissioner by way of
a return made pursuant to an order under section 19(7)(c) of this
Act;”.
45

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
49

Services not operated as registered etc
57
Attachment of conditions to related licences
(1)
Section 26 of the TA 1985 (conditions attached to PSV operator’s licence) is
amended as follows.
(2)
In subsection (1) (which sets out the cases in which the power is exercisable and
5
the power)—
(a)
for “Where” substitute “Subsection (1A) below applies in any case
where”;
(b)
for the words from “he may” to the end of subsection (1) substitute the
subsections set out in subsection (3).
10
(3)
The subsections are—
“(1A)
The traffic commissioner may (on granting the licence or at any other
time) attach, or direct a traffic commissioner for another traffic area to
attach, a condition falling within subsection (1B) below to any one or
more of the following PSV operator’s licences (wherever granted)—
15
(a)
the licence mentioned in subsection (1) above;
(b)
any other licence held by the operator;
(c)
where the operator is an undertaking, any licence held by a
group undertaking in relation to that undertaking (see
subsection (7) below).
20
(1B)
The conditions are—
(a)
a condition prohibiting the holder of the licence from using
vehicles under the licence to provide any local service of a
description specified in the condition;
(b)
a condition prohibiting the holder of the licence from so using
25
vehicles to provide local services of any description.
(1C)
A condition under subsection (1A) may be attached—
(a)
indefinitely; or
(b)
for a period of time specified by the traffic commissioner (which
may commence immediately or on a date so specified).”.
30
(4)
In subsection (2)—
(a)
after “attach” insert “(or direct another commissioner to attach)”;
(b)
for “subsection (1)” substitute “subsection (1A)”;
(c)
for “that subsection” substitute “subsection (1) above”.
(5)
After subsection (2) insert—
35
“(2A)
Where a direction is given under subsection (1A) above to a traffic
commissioner for another area, that traffic commissioner must either—
(a)
attach the condition to the licence; or
(b)
if he considers that there is a good reason not to attach the
condition to the licence, inform the traffic commissioner who
40
gave the direction of that fact and of the reason.”.
(6)
In subsection (3), for “subsection (1)” substitute “subsection (1A)”.
(7)
In subsection (5) (power to impose conditions in certain cases relating to the
use of vehicles)—

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
50

(a)
for “Where” substitute “Subsection (5A) below applies in any case
where”;
(b)
for the words from “he may” to the end of subsection (5) substitute the
subsections set out in subsection (8).
(8)
The subsections are—
5
“(5A)
The traffic commissioner may (on granting the licence or at any other
time) attach, or direct a traffic commissioner for another traffic area to
attach, to any one or more of the licences mentioned in subsection (5B)
below a condition restricting the vehicles which the operator may use
under the licence to vehicles specified in the condition.
10
(5B)
The licences are the following PSV operator’s licences (wherever
granted)—
(a)
the licence mentioned in subsection (5) above;
(b)
any other licence held by the operator;
(c)
where the operator is an undertaking, any licence held by a
15
group undertaking in relation to that undertaking (see
subsection (7) below).
(5C)
Where a direction is given under subsection (5A) above to a traffic
commissioner for another area, that traffic commissioner must either—
(a)
attach the condition to the licence; or
20
(b)
if he considers that there is a good reason not to attach the
condition to the licence, inform the traffic commissioner who
gave the direction of that fact and of the reason.”.
(9)
In subsection (6)—
(a)
for “subsection (5)” substitute “subsection (5A)”;
25
(b)
in paragraph (a) after “the commissioner” insert “who attached that
condition”.
(10)
At the end of the section insert—
“(7)
In this section “undertaking” and “group undertaking” have the same
meaning as in the Companies Acts (see section 1161 of the Companies
30
Act 2006).”.
58
Powers of traffic commissioners where services not operated as registered
(1)
After section 27 of the TA 1985 (supplementary provisions with respect to
conditions attached to a PSV operator’s licence under section 26) insert—
“27A
Additional powers where service not operated as registered
35
(1)
This section applies in any case where it appears to a traffic
commissioner that a person (“the operator”)—
(a)
has, or may have, failed to operate a local service registered
under section 6 of this Act; or
(b)
has, or may have, failed to operate such a service in accordance
40
with the particulars registered under that section.
(2)
The traffic commissioner may direct a local traffic authority to provide
him, within a specified period, with specified information connected
with any aspect of the performance of their duties under section 16 or

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
51

17 of the Traffic Management Act 2004 (the network management duty,
and arrangements for network management).

This subsection is supplemented by provisions in section 27B of this
Act.
(3)
If the traffic commissioner holds an inquiry in connection with
5
deciding whether—
(a)
to attach a condition under section 26 of this Act, or
(b)
to make an order under section 155 of the Transport Act 2000,

subsections (2) and (3) of section 250 of the Local Government Act 1972
(attendance of witnesses etc) apply to the inquiry as they apply to an
10
inquiry under that section.
(4)
If the traffic commissioner identifies any remedial measures (see
subsection (5)) which, in the traffic commissioner’s opinion, could be
taken—
(a)
by the operator, or
15
(b)
by a local traffic authority,

the traffic commissioner may prepare a report recommending the
implementation of those measures.
(5)
In this section “remedial measures” means measures which, in the
opinion of the traffic commissioner, would enable or facilitate the
20
operation of the service in accordance with the particulars registered
under section 6 of this Act.
(6)
A traffic commissioner who prepares a report under subsection (4)
above—
(a)
must send a copy of the report to the operator and, if any of the
25
recommended remedial measures are for implementation by a
local traffic authority, to that authority;
(b)
must, if the implementation of any of the measures in the report
would affect the operation of bus services in an integrated
transport area, send a copy of the report to the Integrated
30
Transport Authority for that area;
(c)
may send a copy of the report to any one or more of the persons
in subsection (7) below;
(d)
may publish the report.
(7)
The persons are—
35
(a)
the appropriate national authority,
(b)
any local traffic authority or Integrated Transport Authority
which the traffic commissioner considers appropriate,

and any other persons whom the traffic commissioner considers
appropriate.
40
(8)
See subsection (6) of section 27B of this Act for the meaning of some of
the expressions used in this section.
27B
Provisions supplementing section 27A
(1)
This section supplements section 27A of this Act.
(2)
In this section “direction” means a direction under subsection (2) of that
45
section.

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(3)
The information that may be specified in a direction must be
information which the local traffic authority have in their possession or
can reasonably be expected to acquire.
(4)
The information that may be specified in a direction includes
information relating to—
5
(a)
the management of a local traffic authority’s road network; or
(b)
the use of their road network by different kinds of traffic or the
effects of that use.
(5)
A direction may be given—
(a)
to one or more local traffic authorities; or
10
(b)
to local traffic authorities of a description specified in the
direction.
(6)
In section 27A of this Act and in this section the following expressions
have the same meaning as in Part 2 of the Traffic Management Act 2004
(network management by local traffic authorities)—
15
appropriate national authority,
local traffic authority,
road network,
traffic,

except that “local traffic authority” does not include Transport for
20
London, a London borough council or the Common Council of the City
of London.”.
(2)
In section 155 of the TA 2000 (penalties) at the end insert—
“(8)
Other provisions that may need to be considered include the following
provisions of the Transport Act 1985—
25
(a)
sections 26 and 27 (attachment of conditions to PSV operator’s
licence),
(b)
sections 27A and 27B (additional powers of traffic
commissioner where services are not operated as registered
etc).”.
30
59
Additional sanctions for failures by bus operators
(1)
Section 155 of the TA 2000 (penalties) is amended as follows.
(2)
In subsection (1) (power to impose penalty for various failures) for “impose a
penalty on the operator” substitute “make one or more orders under subsection
(1A)”.
35
(3)
After subsection (1) insert—
“(1A)
The orders are—
(a)
an order that the operator pay a penalty of such amount as is
determined in accordance with subsection (3);
(b)
an order that the operator expend such sum of money as is
40
determined in accordance with subsection (3) in or towards the
provision of such local services as are specified in the order;
(c)
an order that the operator provide compensation (see
subsection (1B)) to passengers of such description as is specified
in the order;
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Local Transport Bill [HL]
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(d)
an order of such other description as the Secretary of State (as
respects England) or the Welsh Ministers (as respects Wales)
may by order prescribe for the purposes of this paragraph.
(1B)
Compensation under subsection (1A)(c)—
(a)
may take the form of payments of money, or
5
(b)
may take such other form (including the provision of free travel
or travel at a reduced price) as is specified in the order;

and shall be of such amount, or equivalent in value to such amount, as
is determined in accordance with subsection (3).”.
(4)
Omit subsection (2).
10
(5)
In subsection (3) for “That amount is” substitute “The amount mentioned in
subsections (1A)(a) and (b) and (1B) is such amount as the traffic commissioner
thinks fit in all the circumstances of the case, but must not exceed”.
(6)
Omit subsection (4).
(7)
In subsection (5) for “imposing the penalty” substitute “making an order under
15
subsection (1A)”.
(8)
In subsection (6) for “the imposition of the penalty” substitute “the making of
the order”.
(9)
After subsection (6) insert—
“(6A)
If the operator fails to comply with an order under subsection (1A)(b),
20
(c) or (d), the traffic commissioner may order the operator to pay a
penalty of such amount as is determined in accordance with subsection
(6B).
(6B)
That amount is such amount as the traffic commissioner thinks fit in all
the circumstances of the case, but must not exceed 110% of the
25
maximum amount which may be ordered in accordance with
subsection (3).”.
(10)
For subsection (7) substitute—
“(7)
An amount ordered to be paid under subsection (1A)(a) or (6A) is—
(a)
payable to the Secretary of State (as respects England) or the
30
Welsh Ministers (as respects Wales), and
(b)
recoverable as a civil debt.”.
(11)
In consequence of the amendments made by this section, the heading to section
155 becomes “Sanctions”.
(12)
Section 160 of the TA 2000 (Part 2: regulations and orders) is amended as
35
follows.
(13)
In subsection (2) before the words “shall be subject to annulment” insert “,
other than an order under section 155(1A)(d),”.
(14)
After subsection (2) insert—
“(3)
A statutory instrument containing an order under section 155(1A)(d)
40
shall not be made—

Local Transport Bill [HL]
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54

(a)
as respects England, unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of
Parliament;
(b)
as respects Wales, unless a draft of the instrument has been laid
before, and approved by a resolution of, the National Assembly
5
for Wales.”
60
Operational data
(1)
In section 155(1) of the TA 2000 (penalties) after paragraph (a) insert—
“(aa)
failed to comply with the requirements of regulations made
under section 6(9)(i), (j) or (k) of that Act,”.
10
(2)
Section 6 of the TA 1985 (registration of local services) is amended as follows.
(3)
In subsection (9) (regulations) after paragraph (k) insert—
“(ka)
for imposing restrictions on the use that may be made of records
made available as mentioned in paragraph (j) above or
information given as mentioned in paragraph (k) above;”.
15
(4)
After subsection (9) insert—
“(10)
Regulations made by virtue of paragraph (ka) of subsection (9) above—
(a)
may create one or more criminal offences relating to the use of
records or information in breach of the restrictions imposed by
those regulations, but
20
(b)
may not provide, in respect of any such offence, for a penalty
greater than a fine not exceeding level 4 on the standard scale.”.
Powers of Passenger Transport Executives
61
Revival of certain powers of PTEs
(1)
Section 10 of the TA 1968 (powers of Passenger Transport Executives) is
25
amended as follows.
(2)
For subsection (1)(viii) (power to let passenger vehicles on hire) substitute—
“(viii)
to let passenger vehicles on hire (with or without trailers for the
carriage of goods)—
(a)
as part of, or in connection with, an agreement
30
providing for service subsidies, to an operator of public
passenger transport services within the meaning of
section 9A;
(b)
to a body holding a permit granted under section 19 of
the Transport Act 1985 (permits in relation to the use of
35
vehicles by educational and other bodies);”.
(3)
After subsection (2) insert—
“(2A)
The reference in subsection (1)(viii) above to an agreement providing
for service subsidies includes—
(a)
an agreement for such subsidies under section 9A(4) above;
40
(b)
provision included in a quality contract under section 124 of the
Transport Act 2000 for the making of payments by the PTE (see
subsection (5)(a) of that section).”.