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
60

69
Power to confer non-rail functions on the Rail Passengers’ Council
In Part 3 of the Railways Act 2005 (c. 14), after section 19 insert—
“19A
Power to confer non-rail functions on the Rail Passengers’ Council
(1)
The Secretary of State may by order make provision conferring
functions on the Rail Passengers’ Council relating to—
5
(a)
prescribed local services, or local services of a prescribed
description, so far as operating in England, or
(b)
prescribed domestic coach services, or domestic coach services
of a prescribed description, so far as operating in England.
(2)
The power conferred by subsection (1) includes power to amend any
10
enactment for the purposes of making such provision.
(3)
An order under this section may make incidental, consequential,
transitional or supplementary provision for the purposes of, or in
consequence of, such an order, or for giving full effect to such an order.
(4)
The provision which may be included by virtue of subsection (3) in an
15
order includes—
(a)
provision for the body established by section 19 to be known by
a different name;
(b)
provision altering the number of persons that may be appointed
as members of that body by the Secretary of State under section
20
19(1)(e);
(c)
provision amending, repealing or revoking any enactment,
whenever passed or made.
(5)
In a case where an order under this section confers on the Rail
Passengers’ Council power to make recommendations or
25
representations to a body or person, the provision which may be
included by virtue of subsection (3) in the order also includes provision
conferring on the body or person functions in respect of such
recommendations or representations.
(6)
An order under this section may confer a function on a body or person
30
by virtue of subsection (5) only if the new function relates to local
services or domestic coach services, so far as operating in England.
(7)
Nothing in this section provides power to alter the functions of the Rail
Passengers’ Council so far as relating to the provision of railway
passenger services or station services.
35
(8)
An order under this section is subject to the affirmative resolution
procedure.
(9)
In this section—
“domestic coach service” means a bus service which—
(a)
carries passengers at separate fares, and
40
(b)
is not a local service;
“enactment” includes an enactment comprised in subordinate
legislation (within the meaning of the Interpretation Act 1978);
“local service” has the meaning given by section 2 of the Transport
Act 1985;
45

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
61

“prescribed” means prescribed by order made by the Secretary of
State.”.
Display of transport-related information
70
Power to require display of certain information
(1)
The appropriate national authority may make regulations requiring prescribed
5
persons, or persons of a prescribed description, to display, in such place or
places and in such manner as may be prescribed, information falling within
subsection (2).
(2)
The information referred to in subsection (1) is prescribed information, or
information of a prescribed description, relating to persons or bodies with
10
functions relating to public passenger transport services.
(3)
Regulations under this section may provide that a traffic commissioner may
impose a financial penalty on any operator of a public service vehicle who,
without reasonable excuse, fails to comply with a requirement imposed on the
operator by regulations under this section.
15
(4)
Regulations made by virtue of subsection (3) may—
(a)
specify the maximum penalty that may be imposed by virtue of that
subsection;
(b)
require a traffic commissioner who has imposed a penalty by virtue of
that subsection to give notice in writing to such persons as may be
20
prescribed.
(5)
A penalty imposed by virtue of subsection (3) is—
(a)
payable to the appropriate national authority that made the
regulations, and
(b)
recoverable as a civil debt.
25
(6)
An operator on whom a penalty is imposed by virtue of subsection (3) may
appeal to the Transport Tribunal against the imposition of the penalty.

As respects appeals to the Transport Tribunal, see Schedule 4 to the TA 1985.
(7)
The power to make regulations under this section is exercisable by statutory
instrument.
30
(8)
A statutory instrument containing regulations made under this section by the
Secretary of State is subject to annulment in pursuance of a resolution of either
House of Parliament.
(9)
A statutory instrument containing regulations made under this section by the
Welsh Ministers is subject to annulment in pursuance of a resolution of the
35
National Assembly for Wales.
(10)
In this section—
“the appropriate national authority” means—
(a)
in relation to public passenger transport services operating
wholly or partly in England, the Secretary of State;
40
(b)
in relation to public passenger transport services operating
wholly or partly in Wales, the Welsh Ministers;
“prescribed” means prescribed in regulations;

Local Transport Bill [HL]
Part 5 — Integrated Transport Authorities etc
Chapter 1 — Introductory
62

“public passenger transport services” has the meaning given by section
63(10)(a) of the TA 1985;
“public service vehicle” and “traffic commissioner” have the same
meaning as in the PPVA 1981.
Appeals to the Transport Tribunal
5
71
Appeals to the Transport Tribunal
(1)
In Schedule 4 to the TA 1985 (constitution, powers and proceedings of the
Transport Tribunal) paragraph 9 (powers of tribunal on appeal from
determination of traffic commissioner) is amended as follows.
(2)
In sub-paragraph (1), for the words from “under” to “1999” substitute “under
10
any of the enactments specified in sub-paragraph (1A) below”.
(3)
After sub-paragraph (1) insert—
   “(1A)
The enactments are—

the 1981 Act;

this Act;
15

the Goods Vehicles (Licensing of Operators) Act 1995;

the Road Transport (Passenger Vehicles Cabotage)
Regulations 1999;

section 155 of the Transport Act 2000;

section 70 of the Local Transport Act 2008.”.
20
Part 5
Integrated Transport Authorities etc
Chapter 1
Introductory
72
Change of name of passenger transport areas and PTAs
25
(1)
The passenger transport areas established under section 9(1)(a)(i) of the TA
1968 are to be known as integrated transport areas.
(2)
The metropolitan county passenger transport authorities established under
section 28(1) of the Local Government Act 1985 (c. 51) are to be known as
Integrated Transport Authorities.
30
(3)
In consequence of subsection (1), any reference in any enactment (whenever
passed or made) to a passenger transport area in England and Wales is to be
read as a reference to an integrated transport area.
(4)
In consequence of subsection (2), any reference in any enactment (whenever
passed or made) to—
35
(a)
a metropolitan county passenger transport authority, or
(b)
a Passenger Transport Authority for an area in England and Wales,

is to be read as a reference to an Integrated Transport Authority.
(5)
Schedule 4 makes amendments consequential on subsections (1) and (2).

Local Transport Bill [HL]
Part 5 — Integrated Transport Authorities etc
Chapter 2 — Arrangements relating to Integrated Transport Authorities
63


Those amendments do not affect the generality of subsections (3) and (4).
(6)
In this Part—
(a)
“ITA” means an Integrated Transport Authority for an integrated
transport area in England,
(b)
any reference to an ITA is a reference to an ITA for the purposes of Part
5
2 of the TA 1968,
(c)
any reference to an integrated transport area is a reference to an
integrated transport area in England for the purposes of that Part of
that Act.
(7)
Except where the context otherwise requires, any reference in this Part to an
10
ITA includes a reference to—
(a)
an ITA established under section 28 of the Local Government Act 1985
(c. 51), and
(b)
an ITA established under this Part.
(8)
Except where the context otherwise requires, any reference in any enactment
15
(whenever passed or made) to an Integrated Transport Authority for a
passenger transport area in England includes a reference to an ITA established
under this Part.
(9)
Accordingly, any reference in an enactment (whenever passed or made)
which—
20
(a)
is to a joint authority established under Part 4 of the Local Government
Act 1985, and
(b)
includes a reference to an Integrated Transport Authority established
under section 28 of that Act,

includes a reference to an ITA established under this Part.
25
(10)
Until subsections (1) and (2) of this section come into force, in any enactment
(whenever passed or made)—
(a)
any reference to an integrated transport area is to be read as a reference
to a passenger transport area;
(b)
any reference to an Integrated Transport Authority (or an ITA) is to be
30
read as a reference to a Passenger Transport Authority (or a PTA).
(11)
In this section “enactment” includes an enactment comprised in subordinate
legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
Chapter 2
Arrangements relating to Integrated Transport Authorities
35
Establishment of new ITA by order
73
Power to establish a new ITA
(1)
The Secretary of State may by order—
(a)
designate any area in England outside Greater London as an integrated
transport area, and
40
(b)
establish an ITA for the integrated transport area.

Local Transport Bill [HL]
Part 5 — Integrated Transport Authorities etc
Chapter 2 — Arrangements relating to Integrated Transport Authorities
64

(2)
An order may be made only if the Secretary of State, having had regard to a
scheme prepared and published under section 74 or 75, considers that the
establishment of the ITA is likely to improve—
(a)
the exercise of statutory functions relating to transport in the area to be
designated, and
5
(b)
the effectiveness and efficiency of transport within that area.
(3)
The requirement in subsection (2) to have regard to a scheme does not apply in
relation to any area if a direction has been given under section 75 in relation to
the area and any period specified in the direction for the preparation and
publication of a scheme has expired.
10
(4)
An integrated transport area may be designated by an order only if it consists
of the whole of two or more counties or districts.
(5)
A local government area may be included in an integrated transport area
designated by an order only if—
(a)
it was included in the scheme prepared and published under section 74
15
or 75 (as the case may be), or
(b)
in the circumstances described in subsection (3), it is the area of an
authority to whom the direction under section 75 was given.
(6)
No part of an integrated transport area established under this section may be
separated from the rest of it by a territory which is part of another local
20
government area but which is not included in the integrated transport area.
(7)
An order may make, in relation to the ITA,—
(a)
provision about its constitutional arrangements (within the meaning
given by section 78(2)),
(b)
any provision which may be made by an order under section 79, 80 or
25
81.
(8)
An order made by virtue of subsection (7)(a) which includes provision about
the number and appointment of members of the ITA must provide—
(a)
for a majority of the members of the ITA to be appointed by the ITA’s
constituent councils, and
30
(b)
for those members to be appointed from among the elected members of
the constituent councils.
(9)
For the purposes of subsection (8), the constituent councils of an ITA are—
(a)
any county council, and
(b)
any district council,
35

for an area within the integrated transport area of the ITA.
(10)
Before making an order the Secretary of State must consult—
(a)
such representatives of the appropriate authorities, and
(b)
such other persons (if any),

as the Secretary of State considers appropriate.
40
(11)
In subsection (10) the appropriate authorities are—
(a)
if the area to be designated as an integrated transport area includes a
county, the county council;
(b)
if that area includes a district, the district council and the council of the
county (if any) in which the district lies.
45
(12)
In making an order the Secretary of State must have regard to the need—

Local Transport Bill [HL]
Part 5 — Integrated Transport Authorities etc
Chapter 2 — Arrangements relating to Integrated Transport Authorities
65

(a)
to reflect the identities and interests of local communities, and
(b)
to secure effective and convenient local government.
74
Authorities’ review: new ITA
(1)
Any two or more of the following authorities—
(a)
a council for a county in England comprised in an area for which there
5
is no ITA,
(b)
a council for a district in England comprised in an area for which there
is no ITA,

may undertake a review of the effectiveness and efficiency of transport within
an area satisfying the requirements of subsections (2) and (3) (a “review area”).
10
(2)
A review area must include—
(a)
if the review is being undertaken by a county council, the whole of one
or more of the districts in the county (or, if there are no districts in the
county, the whole of the county);
(b)
if the review is being undertaken by a district council, the whole of the
15
district.
(3)
A review area may also include—
(a)
the whole of any county the council for which is not taking part in the
review;
(b)
the whole of any district the council for which is not taking part in the
20
review.
(4)
Where two or more authorities, having undertaken a review under subsection
(1), conclude that the designation of an area as an integrated transport area,
and the establishment of an ITA for that area, would improve—
(a)
the exercise of statutory functions relating to transport in the area, and
25
(b)
the effectiveness and efficiency of transport within the area,

they must prepare and publish a scheme for the establishment of an ITA for the
area (in this section referred to as a “proposed integrated transport area”).
(5)
A proposed integrated transport area—
(a)
must consist of the whole or any part of the review area, and
30
(b)
may, if the appropriate authority consents, include one or more other
counties or districts,

but it must be an area which is capable of being designated by an order under
section 73.
(6)
In subsection (5) the appropriate authority is—
35
(a)
in the case of a county or non-metropolitan district comprised in an
area for which there is a county council, the county council;
(b)
in the case of a non-metropolitan district comprised in an area for
which there is no county council, the district council;
(c)
in the case of a metropolitan district, the district council.
40
75
Secretary of State’s power to direct a review: new ITA
(1)
The Secretary of State may direct two or more of the authorities falling within
subsection (2) (including two or more authorities of the same description) to
undertake a review of the effectiveness and efficiency of transport within the
whole or any part of the authorities’ combined area.
45

Local Transport Bill [HL]
Part 5 — Integrated Transport Authorities etc
Chapter 2 — Arrangements relating to Integrated Transport Authorities
66

(2)
An authority falls within this subsection if it is—
(a)
a council for a county in England comprised in an area for which there
is no ITA,
(b)
a council for a district in England comprised in an area for which there
is no ITA.
5
(3)
The Secretary of State may give a direction only if the Secretary of State
considers that the review and any scheme are likely to improve—
(a)
the exercise of statutory functions relating to transport in an integrated
transport area or proposed integrated transport area, and
(b)
the effectiveness and efficiency of transport within such an area.
10
(4)
A direction may require the preparation and publication of a scheme for the
establishment of an ITA for any area (being an area which is capable of being
designated by an order under section 73) which consists of the whole or any
part of the authorities’ combined area.
(5)
The review must be undertaken jointly by all the authorities subject to the
15
direction.
(6)
The provision which may be made by a direction includes provision for—
(a)
the timetable for the review and for the preparation and publication of
a scheme,
(b)
the procedures to be followed in carrying out the review,
20
(c)
particular issues which the review and any scheme must address,
(d)
the implementation of any scheme.
(7)
The authorities to which a direction is given must, in carrying out the review
and preparing any scheme, do so in the manner that they consider most likely
to improve—
25
(a)
the exercise of statutory functions relating to transport in their
combined area, and
(b)
the effectiveness and efficiency of transport within that area.
Other powers to make orders about arrangements relating to an ITA
76
Authorities’ review of arrangements
30
(1)
Any one or more of the authorities falling within subsection (2) may undertake
a review of one or more of the matters mentioned in subsection (3).
(2)
An authority falls within this subsection if it is—
(a)
an ITA,
(b)
a district council for an area comprised in an integrated transport area,
35
(c)
a county council for an area comprised in an integrated transport area,
(d)
a county council or district council for an area which could be
comprised in a proposed integrated transport area.
(3)
The matters are—
(a)
those in relation to which an order may be made under any of sections
40
78 to 84,
(b)
in relation to an ITA or any executive body of the ITA existing at the
time of the direction, any matter concerning the ITA or the executive
body which the ITA has power to determine.