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69 | Power to confer non-rail functions on the Rail Passengers’ Council |
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In Part 3 of the Railways Act 2005 (c. 14), after section 19 insert— |
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“19A | Power to confer non-rail functions on the Rail Passengers’ Council |
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(1) | The Secretary of State may by order make provision conferring |
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functions on the Rail Passengers’ Council relating to— |
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(a) | prescribed local services, or local services of a prescribed |
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description, so far as operating in England, or |
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(b) | prescribed domestic coach services, or domestic coach services |
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of a prescribed description, so far as operating in England. |
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(2) | The power conferred by subsection (1) includes power to amend any |
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enactment for the purposes of making such provision. |
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(3) | An order under this section may make incidental, consequential, |
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transitional or supplementary provision for the purposes of, or in |
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consequence of, such an order, or for giving full effect to such an order. |
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(4) | The provision which may be included by virtue of subsection (3) in an |
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(a) | provision for the body established by section 19 to be known by |
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(b) | provision altering the number of persons that may be appointed |
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as members of that body by the Secretary of State under section |
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(c) | provision amending, repealing or revoking any enactment, |
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(5) | In a case where an order under this section confers on the Rail |
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Passengers’ Council power to make recommendations or |
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representations to a body or person, the provision which may be |
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included by virtue of subsection (3) in the order also includes provision |
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conferring on the body or person functions in respect of such |
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recommendations or representations. |
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(6) | An order under this section may confer a function on a body or person |
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by virtue of subsection (5) only if the new function relates to local |
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services or domestic coach services, so far as operating in England. |
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(7) | Nothing in this section provides power to alter the functions of the Rail |
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Passengers’ Council so far as relating to the provision of railway |
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passenger services or station services. |
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(8) | An order under this section is subject to the affirmative resolution |
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“domestic coach service” means a bus service which— |
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(a) | carries passengers at separate fares, and |
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(b) | is not a local service; |
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“enactment” includes an enactment comprised in subordinate |
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legislation (within the meaning of the Interpretation Act 1978); |
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“local service” has the meaning given by section 2 of the Transport |
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“prescribed” means prescribed by order made by the Secretary of |
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Display of transport-related information |
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70 | Power to require display of certain information |
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(1) | The appropriate national authority may make regulations requiring prescribed |
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persons, or persons of a prescribed description, to display, in such place or |
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places and in such manner as may be prescribed, information falling within |
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(2) | The information referred to in subsection (1) is prescribed information, or |
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information of a prescribed description, relating to persons or bodies with |
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functions relating to public passenger transport services. |
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(3) | Regulations under this section may provide that a traffic commissioner may |
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impose a financial penalty on any operator of a public service vehicle who, |
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without reasonable excuse, fails to comply with a requirement imposed on the |
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operator by regulations under this section. |
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(4) | Regulations made by virtue of subsection (3) may— |
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(a) | specify the maximum penalty that may be imposed by virtue of that |
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(b) | require a traffic commissioner who has imposed a penalty by virtue of |
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that subsection to give notice in writing to such persons as may be |
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(5) | A penalty imposed by virtue of subsection (3) is— |
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(a) | payable to the appropriate national authority that made the |
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(b) | recoverable as a civil debt. |
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(6) | An operator on whom a penalty is imposed by virtue of subsection (3) may |
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appeal to the Transport Tribunal against the imposition of the penalty. |
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| As respects appeals to the Transport Tribunal, see Schedule 4 to the TA 1985. |
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(7) | The power to make regulations under this section is exercisable by statutory |
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(8) | A statutory instrument containing regulations made under this section by the |
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Secretary of State is subject to annulment in pursuance of a resolution of either |
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(9) | A statutory instrument containing regulations made under this section by the |
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Welsh Ministers is subject to annulment in pursuance of a resolution of the |
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National Assembly for Wales. |
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“the appropriate national authority” means— |
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(a) | in relation to public passenger transport services operating |
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wholly or partly in England, the Secretary of State; |
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(b) | in relation to public passenger transport services operating |
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wholly or partly in Wales, the Welsh Ministers; |
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“prescribed” means prescribed in regulations; |
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|
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“public passenger transport services” has the meaning given by section |
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63(10)(a) of the TA 1985; |
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“public service vehicle” and “traffic commissioner” have the same |
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meaning as in the PPVA 1981. |
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Appeals to the Transport Tribunal |
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71 | Appeals to the Transport Tribunal |
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(1) | In Schedule 4 to the TA 1985 (constitution, powers and proceedings of the |
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Transport Tribunal) paragraph 9 (powers of tribunal on appeal from |
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determination of traffic commissioner) is amended as follows. |
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(2) | In sub-paragraph (1), for the words from “under” to “1999” substitute “under |
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any of the enactments specified in sub-paragraph (1A) below”. |
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(3) | After sub-paragraph (1) insert— |
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“(1A) | The enactments are— |
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| the Goods Vehicles (Licensing of Operators) Act 1995; |
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| the Road Transport (Passenger Vehicles Cabotage) |
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| section 155 of the Transport Act 2000; |
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| section 70 of the Local Transport Act 2008.”. |
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Integrated Transport Authorities etc |
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72 | Change of name of passenger transport areas and PTAs |
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(1) | The passenger transport areas established under section 9(1)(a)(i) of the TA |
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1968 are to be known as integrated transport areas. |
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(2) | The metropolitan county passenger transport authorities established under |
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section 28(1) of the Local Government Act 1985 (c. 51) are to be known as |
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Integrated Transport Authorities. |
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(3) | In consequence of subsection (1), any reference in any enactment (whenever |
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passed or made) to a passenger transport area in England and Wales is to be |
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read as a reference to an integrated transport area. |
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(4) | In consequence of subsection (2), any reference in any enactment (whenever |
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(a) | a metropolitan county passenger transport authority, or |
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(b) | a Passenger Transport Authority for an area in England and Wales, |
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| is to be read as a reference to an Integrated Transport Authority. |
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(5) | Schedule 4 makes amendments consequential on subsections (1) and (2). |
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|
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| Those amendments do not affect the generality of subsections (3) and (4). |
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(a) | “ITA” means an Integrated Transport Authority for an integrated |
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transport area in England, |
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(b) | any reference to an ITA is a reference to an ITA for the purposes of Part |
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(c) | any reference to an integrated transport area is a reference to an |
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integrated transport area in England for the purposes of that Part of |
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(7) | Except where the context otherwise requires, any reference in this Part to an |
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ITA includes a reference to— |
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(a) | an ITA established under section 28 of the Local Government Act 1985 |
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(b) | an ITA established under this Part. |
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(8) | Except where the context otherwise requires, any reference in any enactment |
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(whenever passed or made) to an Integrated Transport Authority for a |
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passenger transport area in England includes a reference to an ITA established |
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(9) | Accordingly, any reference in an enactment (whenever passed or made) |
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(a) | is to a joint authority established under Part 4 of the Local Government |
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(b) | includes a reference to an Integrated Transport Authority established |
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under section 28 of that Act, |
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| includes a reference to an ITA established under this Part. |
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(10) | Until subsections (1) and (2) of this section come into force, in any enactment |
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(whenever passed or made)— |
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(a) | any reference to an integrated transport area is to be read as a reference |
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to a passenger transport area; |
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(b) | any reference to an Integrated Transport Authority (or an ITA) is to be |
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read as a reference to a Passenger Transport Authority (or a PTA). |
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(11) | In this section “enactment” includes an enactment comprised in subordinate |
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legislation (within the meaning of the Interpretation Act 1978 (c. 30)). |
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Arrangements relating to Integrated Transport Authorities |
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Establishment of new ITA by order |
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73 | Power to establish a new ITA |
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(1) | The Secretary of State may by order— |
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(a) | designate any area in England outside Greater London as an integrated |
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(b) | establish an ITA for the integrated transport area. |
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|
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(2) | An order may be made only if the Secretary of State, having had regard to a |
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scheme prepared and published under section 74 or 75, considers that the |
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establishment of the ITA is likely to improve— |
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(a) | the exercise of statutory functions relating to transport in the area to be |
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(b) | the effectiveness and efficiency of transport within that area. |
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(3) | The requirement in subsection (2) to have regard to a scheme does not apply in |
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relation to any area if a direction has been given under section 75 in relation to |
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the area and any period specified in the direction for the preparation and |
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publication of a scheme has expired. |
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(4) | An integrated transport area may be designated by an order only if it consists |
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of the whole of two or more counties or districts. |
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(5) | A local government area may be included in an integrated transport area |
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designated by an order only if— |
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(a) | it was included in the scheme prepared and published under section 74 |
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or 75 (as the case may be), or |
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(b) | in the circumstances described in subsection (3), it is the area of an |
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authority to whom the direction under section 75 was given. |
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(6) | No part of an integrated transport area established under this section may be |
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separated from the rest of it by a territory which is part of another local |
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government area but which is not included in the integrated transport area. |
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(7) | An order may make, in relation to the ITA,— |
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(a) | provision about its constitutional arrangements (within the meaning |
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(b) | any provision which may be made by an order under section 79, 80 or |
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(8) | An order made by virtue of subsection (7)(a) which includes provision about |
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the number and appointment of members of the ITA must provide— |
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(a) | for a majority of the members of the ITA to be appointed by the ITA’s |
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constituent councils, and |
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(b) | for those members to be appointed from among the elected members of |
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the constituent councils. |
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(9) | For the purposes of subsection (8), the constituent councils of an ITA are— |
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(a) | any county council, and |
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(b) | any district council, |
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| for an area within the integrated transport area of the ITA. |
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(10) | Before making an order the Secretary of State must consult— |
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(a) | such representatives of the appropriate authorities, and |
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(b) | such other persons (if any), |
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| as the Secretary of State considers appropriate. |
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(11) | In subsection (10) the appropriate authorities are— |
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(a) | if the area to be designated as an integrated transport area includes a |
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county, the county council; |
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(b) | if that area includes a district, the district council and the council of the |
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county (if any) in which the district lies. |
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(12) | In making an order the Secretary of State must have regard to the need— |
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(a) | to reflect the identities and interests of local communities, and |
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(b) | to secure effective and convenient local government. |
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74 | Authorities’ review: new ITA |
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(1) | Any two or more of the following authorities— |
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(a) | a council for a county in England comprised in an area for which there |
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(b) | a council for a district in England comprised in an area for which there |
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| may undertake a review of the effectiveness and efficiency of transport within |
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an area satisfying the requirements of subsections (2) and (3) (a “review area”). |
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(2) | A review area must include— |
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(a) | if the review is being undertaken by a county council, the whole of one |
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or more of the districts in the county (or, if there are no districts in the |
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county, the whole of the county); |
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(b) | if the review is being undertaken by a district council, the whole of the |
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(3) | A review area may also include— |
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(a) | the whole of any county the council for which is not taking part in the |
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(b) | the whole of any district the council for which is not taking part in the |
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(4) | Where two or more authorities, having undertaken a review under subsection |
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(1), conclude that the designation of an area as an integrated transport area, |
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and the establishment of an ITA for that area, would improve— |
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(a) | the exercise of statutory functions relating to transport in the area, and |
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(b) | the effectiveness and efficiency of transport within the area, |
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| they must prepare and publish a scheme for the establishment of an ITA for the |
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area (in this section referred to as a “proposed integrated transport area”). |
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(5) | A proposed integrated transport area— |
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(a) | must consist of the whole or any part of the review area, and |
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(b) | may, if the appropriate authority consents, include one or more other |
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| but it must be an area which is capable of being designated by an order under |
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(6) | In subsection (5) the appropriate authority is— |
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(a) | in the case of a county or non-metropolitan district comprised in an |
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area for which there is a county council, the county council; |
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(b) | in the case of a non-metropolitan district comprised in an area for |
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which there is no county council, the district council; |
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(c) | in the case of a metropolitan district, the district council. |
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75 | Secretary of State’s power to direct a review: new ITA |
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(1) | The Secretary of State may direct two or more of the authorities falling within |
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subsection (2) (including two or more authorities of the same description) to |
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undertake a review of the effectiveness and efficiency of transport within the |
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whole or any part of the authorities’ combined area. |
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|
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(2) | An authority falls within this subsection if it is— |
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(a) | a council for a county in England comprised in an area for which there |
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(b) | a council for a district in England comprised in an area for which there |
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(3) | The Secretary of State may give a direction only if the Secretary of State |
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considers that the review and any scheme are likely to improve— |
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(a) | the exercise of statutory functions relating to transport in an integrated |
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transport area or proposed integrated transport area, and |
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(b) | the effectiveness and efficiency of transport within such an area. |
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(4) | A direction may require the preparation and publication of a scheme for the |
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establishment of an ITA for any area (being an area which is capable of being |
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designated by an order under section 73) which consists of the whole or any |
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part of the authorities’ combined area. |
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(5) | The review must be undertaken jointly by all the authorities subject to the |
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(6) | The provision which may be made by a direction includes provision for— |
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(a) | the timetable for the review and for the preparation and publication of |
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(b) | the procedures to be followed in carrying out the review, |
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(c) | particular issues which the review and any scheme must address, |
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(d) | the implementation of any scheme. |
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(7) | The authorities to which a direction is given must, in carrying out the review |
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and preparing any scheme, do so in the manner that they consider most likely |
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(a) | the exercise of statutory functions relating to transport in their |
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(b) | the effectiveness and efficiency of transport within that area. |
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Other powers to make orders about arrangements relating to an ITA |
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76 | Authorities’ review of arrangements |
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(1) | Any one or more of the authorities falling within subsection (2) may undertake |
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a review of one or more of the matters mentioned in subsection (3). |
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(2) | An authority falls within this subsection if it is— |
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(b) | a district council for an area comprised in an integrated transport area, |
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(c) | a county council for an area comprised in an integrated transport area, |
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(d) | a county council or district council for an area which could be |
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comprised in a proposed integrated transport area. |
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(a) | those in relation to which an order may be made under any of sections |
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(b) | in relation to an ITA or any executive body of the ITA existing at the |
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time of the direction, any matter concerning the ITA or the executive |
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body which the ITA has power to determine. |
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