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 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.
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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”.