|
| |
|
(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 |
| |
(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 |
| |
| 10 |
| |
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 |
| |
| |
(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 |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
(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” |
| |
| |
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 |
| |
| 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. |
| |
| |
(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 |
| |
|
| |
|
| |
|
functions which relate to reserved matters (within the meaning of the |
| |
| |
68 | The Public Transport Users’ Committee for England |
| |
(1) | After section 125 of the TA 1985 (the Disabled Persons Transport Advisory |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(m) | for the transfer of staff, property, rights and liabilities to the |
| |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(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 |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
|
| |
|
| |
|
(c) | to enter into arrangements with another body for that body to |
| |
discharge any functions of the Committee on behalf of the |
| |
| |
(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 |
| |
(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. |
| |
| 15 |
“prescribed” means prescribed by order made by the Secretary of |
| |
| |
“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 |
| |
| |
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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(2) | In section 135 of the TA 1985 (procedure for making regulations, rules and |
| |
orders), in subsection (4), after “85” insert “, 125A, 125B, 125C”. |
| |
|
| |
|