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Local Transport Bill [HL]


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

55

 

(4)   

Any order made under section 60(5) of the TA 1985 shall cease to have effect to

the extent that it provides that a PTE shall cease to have the power under

section 10(1)(viii) of the TA 1968.

(5)   

In section 60 of the TA 1985 (exclusion of public sector co-operation

requirements and bus operating powers), omit subsections (2) to (4), (7) and

5

(8).

(6)   

The following provisions of the TA 1968 shall cease to have effect—

(a)   

section 10(1)(i) (power of PTE to carry passengers by road);

(b)   

section 24 (establishment and general duties of Bus Company and

Scottish Group).

10

Subsidised services

62      

Subsidy to secure passenger transport services in integrated transport areas

(1)   

Section 9A of the TA 1968 (general functions of Passenger Transport

Authorities and Executives) is amended as follows.

(2)   

In subsection (4)(a) (power to enter into agreements providing for service

15

subsidies) after “would not be provided” insert “, or would not be provided to

a particular standard,”.

(3)   

After subsection (4) insert—

“(4A)   

The reference in subsection (4)(a) of this section to the standard to

which a service is provided includes—

20

(a)   

the frequency or timing of the service;

(b)   

the days, or times of day, when the service is provided;

(c)   

the vehicles used to provide the service.”.

63      

Subsidy to secure passenger transport services in other areas

(1)   

Section 63 of the TA 1985 (functions of local councils with respect to passenger

25

transport in areas other than passenger transport areas) is amended as follows.

(2)   

In subsection (5) (power to enter into agreements providing for service

subsidies) at the beginning of paragraph (a) insert “in England and Wales, shall

be exercisable only where the service in question would not be provided, or

would not be provided to a particular standard, without subsidy;

30

(aa)   

in Scotland,”.

(3)   

After subsection (5) insert—

“(5A)   

The reference in subsection (5)(a) above to the standard to which a

service is provided includes—

(a)   

the frequency or timing of the service;

35

(b)   

the days, or times of day, when the service is provided;

(c)   

the vehicles used to provide the service.”.

64      

Subsidy to secure passenger transport services in Wales

(1)   

Section 7 of the Transport (Wales) Act 2006 (c. 5) (provision of public passenger

transport services) is amended as follows.

40

 
 

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

56

 

(2)   

In subsection (4) (circumstances in which agreements providing for service

subsidies may be entered into) after “would not be provided” insert “, or would

not be provided to a particular standard,”.

(3)   

After subsection (4) insert—

“(4A)   

The reference in subsection (4) to the standard to which a service is

5

provided includes—

(a)   

the frequency or timing of the service;

(b)   

the days, or times of day, when the service is provided;

(c)   

the vehicles used to provide the service.”.

65      

Extension of maximum length of subsidised services agreements

10

In section 90(1) of the TA 1985 (maximum period to be specified in invitation

to tender for agreement providing for service subsidies) for “five years”

substitute “8 years”.

Public transport companies etc

66      

Removal of certain disabilities and requirements for consent

15

(1)   

Part 4 of the TA 1985 (which makes provision for the establishment of public

transport companies and for the powers of Passenger Transport Authorities etc

in relation to them) is amended as follows.

(2)   

In section 74 (disabilities of directors of public transport companies), omit

subsections (3) to (12).

20

(3)   

Each of the following (which require the consent of the Secretary of State for

the exercise of certain powers) is omitted—

(a)   

section 75(3) (subscription for, or acquisition or disposal of, certain

shares, securities or other property or assets etc);

(b)   

section 79(3) (making or guaranteeing of certain loans);

25

(c)   

section 79(7) (guarantees etc in connection with disposals of certain

shares, securities or other property or assets etc);

(d)   

in section 79(8) (provision of financial assistance by way of grants,

loans, etc) the words “, with the consent of the Secretary of State,”.

Transport users’ advisory committees etc

30

67      

The Disabled Persons Transport Advisory Committee: remuneration

(1)   

Schedule 5 to the TA 1985 (the Disabled Persons Transport Advisory

Committee) is amended as follows.

(2)   

In paragraph 2—

(a)   

at the beginning insert “(1)”;

35

(b)   

after “to pay to their members” insert “such remuneration, and”.

(3)   

At the end of paragraph 2 insert—

    “(2)  

In relation to Scotland, the only remuneration that may be paid

under this paragraph is remuneration for the performance of

 
 

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

57

 

functions which relate to reserved matters (within the meaning of the

Scotland Act 1998).”.

68      

The Public Transport Users’ Committee for England

(1)   

After section 125 of the TA 1985 (the Disabled Persons Transport Advisory

Committee) insert—

5

“The Public Transport Users’ Committee for England

125A    

The Public Transport Users’ Committee for England

(1)   

The Secretary of State may by order establish a body corporate, to be

known as the Public Transport Users’ Committee for England.

   

A body established under this subsection is referred to in this section

10

and sections 125B and 125C as the Committee.

(2)   

The Secretary of State may by order provide for a body established

under subsection (1) to be known by a different name.

(3)   

An order under subsection (1) may include provision—

(a)   

about the status and membership of the Committee (including

15

how members are to be appointed);

(b)   

about the proceedings of the Committee;

(c)   

about the declaration by members of any financial or other

interests, and the recording of such interests;

(d)   

about officers and staff of the Committee;

20

(e)   

about the discharge of functions of the Committee (including

provision for the discharge of functions by sub-committees with

members who are not all members of the Committee);

(f)   

about the making of reports by the Committee to—

(i)   

the Secretary of State, or

25

(ii)   

such other person as the Secretary of State may

determine;

(g)   

about the making of payments to or in respect of officers, staff

and members of the Committee;

(h)   

about the payment of pensions and the making of other

30

payments to or in respect of former officers and staff of the

Committee;

(i)   

about the keeping of accounts by the Committee and their audit

and submission to the Secretary of State;

(j)   

about the acquisition and disposal by the Committee of

35

property, rights and liabilities (including land);

(k)   

authorising the Committee to charge for any services it

provides in the discharge of any of its functions;

(l)   

requiring the Committee to have regard to the policies and

activities of such other persons or bodies as the Secretary of

40

State may determine;

(m)   

for the transfer of staff, property, rights and liabilities to the

Committee.

 
 

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

58

 

(4)   

The Secretary of State may make payments to the Committee of such

amounts, at such times, and on such conditions (if any) as the Secretary

of State considers appropriate.

(5)   

The Secretary of State may by order make provision for the transfer of

staff, property, rights and liabilities from the Committee to any other

5

person.

(6)   

An order made by virtue of subsection (2) may make such provision,

including provision amending, repealing or revoking any enactment

(whenever passed or made), as appears to the Secretary of State to be

necessary in consequence of the order.

10

   

In this subsection “enactment” includes an enactment comprised in

subordinate legislation (within the meaning of the Interpretation Act

1978).

(7)   

No order shall be made under this section unless a draft of the order has

been laid before, and approved by a resolution of, each House of

15

Parliament.

125B    

Functions of the Committee

(1)   

The Committee may consider and make recommendations or

representations to the Secretary of State about any matter relating to—

(a)   

prescribed public passenger transport services, or public

20

passenger transport services that are of a prescribed

description, to the extent that they operate in England; or

(b)   

prescribed public passenger transport facilities in England, or

public passenger transport facilities in England that are of a

prescribed description.

25

(2)   

The Committee must consider and make recommendations to the

Secretary of State about any such matter if asked to do so by the

Secretary of State.

(3)   

The Secretary of State may by order—

(a)   

confer further functions on the Committee;

30

(b)   

remove functions from the Committee;

(c)   

make changes to any functions of the Committee;

(d)   

transfer any functions of the Committee to another person

(including to the Secretary of State).

(4)   

An order under subsection (3) may confer a function on the Committee,

35

or make changes to a function of the Committee, only if the new

function, or the function as changed, relates to—

(a)   

public passenger transport services, so far as operating in

England; or

(b)   

public passenger transport facilities in England.

40

(5)   

The functions that may be conferred on the Committee under

subsection (3)(a) include a power—

(a)   

to enter into arrangements with another body for discharging

functions on behalf of that body in relation to England;

(b)   

to give effect to any such arrangements;

45

 
 

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

59

 

(c)   

to enter into arrangements with another body for that body to

discharge any functions of the Committee on behalf of the

Committee.

(6)   

The discharge of a function by the Committee on behalf of another

body does not affect the responsibility of the body for the discharge of

5

the function.

(7)   

The discharge of a function by another body on behalf of the

Committee does not affect the responsibility of the Committee for the

discharge of the function.

(8)   

The provision that may be made in an order under subsection (3)

10

includes provision amending or repealing any provision of an

enactment conferring functions on the Committee.

(9)   

The Committee may do anything which is calculated to facilitate, or is

conducive or incidental to, the discharge of any of its functions.

(10)   

In this section—

15

“prescribed” means prescribed by order made by the Secretary of

State;

“public passenger transport facilities” means facilities for public

passenger transport services.

(11)   

No order shall be made under this section unless a draft of the order has

20

been laid before, and approved by a resolution of, each House of

Parliament.

125C    

Power to confer functions in relation to the Committee

(1)   

This section applies where an order under section 125B(3) confers on

the Committee power to make recommendations or representations to

25

a body or person.

(2)   

The Secretary of State may by order confer on the body or person

functions in respect of such recommendations or representations.

(3)   

An order under this section may confer a function on a body or person

only if the new function relates to—

30

(a)   

public passenger transport services, so far as operating in

England; or

(b)   

public passenger transport facilities in England.

(4)   

The provision that may be made in an order under this section includes

provision amending, repealing or revoking any provision of an

35

enactment (whenever passed or made) conferring functions on the

body or person.

(5)   

In this section “public passenger transport facilities” has the same

meaning as in section 125B.

(6)   

No order shall be made under this section unless a draft of the order has

40

been laid before, and approved by a resolution of, each House of

Parliament.”.

(2)   

In section 135 of the TA 1985 (procedure for making regulations, rules and

orders), in subsection (4), after “85” insert “, 125A, 125B, 125C”.

 
 

 
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