House of Commons portcullis
House of Commons
Session 2007 - 08
Internet Publications
Other Bills before Parliament

Local Transport Bill [HL]


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

67

 

(4)   

A review under this section must relate to one or more integrated transport

areas or proposed integrated transport areas.

(5)   

Where one or more authorities, having undertaken a review under subsection

(1), conclude that the exercise of the power to make an order under any one or

more of sections 78 to 84 would improve—

5

(a)   

the exercise of statutory functions relating to transport in an integrated

transport area or proposed integrated transport area, or

(b)   

the effectiveness and efficiency of transport within such an area,

   

they must prepare and publish a scheme relating to the power to make that

order or those orders.

10

(6)   

In this section a “proposed integrated transport area” means one which may be

designated by an order under section 83 (ITA boundary changes).

77      

Secretary of State’s power to direct a review of arrangements

(1)   

The Secretary of State may direct one or more of the authorities falling within

subsection (2) (including two or more authorities of the same description) to

15

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,

(c)   

a county council for an area comprised in an integrated transport area,

20

(d)   

a county council or district council for an area which could be

comprised in any proposed integrated transport area to which the

direction relates.

(3)   

The matters are—

(a)   

those in relation to which an order may be made under any of sections

25

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.

(4)   

The Secretary of State may give a direction only if the Secretary of State

30

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, or

(b)   

the effectiveness and efficiency of transport within such an area.

(5)   

A direction under this section must relate to one or more integrated transport

35

areas or proposed integrated transport areas.

(6)   

A direction may require the preparation and publication of a scheme relating

to the power to make an order under any of sections 78 to 84.

(7)   

If a direction is given to two or more authorities the review must be undertaken

jointly by all the authorities subject to the direction.

40

(8)   

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,

(c)   

particular issues which the review and any scheme must address,

45

 
 

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

68

 

(d)   

the implementation of any scheme.

(9)   

An authority 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—

(a)   

the exercise of statutory functions relating to transport in an integrated

5

transport area or proposed integrated transport area, and

(b)   

the effectiveness and efficiency of transport within such an area.

(10)   

An authority which is carrying out a review and preparing any scheme in

accordance with a direction may include in the review and any scheme—

(a)   

any matter (whether or not it is the subject of the direction) in relation

10

to which an order may be made under any of sections 78 to 84, and

(b)   

where the review is carried out by an ITA, whether alone or jointly, any

matter concerning the ITA which the ITA has power to determine.

(11)   

In relation to the dissolution of an integrated transport area (see section 84) the

references in subsections (4) and (9) to an integrated transport area have effect

15

as references to the territory comprised in a dissolved integrated transport

area.

(12)   

In this section “proposed integrated transport area” means one which may be

designated by an order under section 83 (ITA boundary changes).

78      

Constitutional arrangements

20

(1)   

The Secretary of State may by order make provision about the constitutional

arrangements of an ITA.

(2)   

“Constitutional arrangements”, in relation to an ITA, means—

(a)   

the membership of the ITA (including the number and appointment of

members of the ITA and the remuneration of, and pensions or

25

allowances payable to or in respect of, any member of the ITA),

(b)   

the voting powers of members of the ITA (including provision for

different weight to be given to the vote of different descriptions of

member),

(c)   

the executive arrangements of the ITA,

30

(d)   

the functions of any executive body of the ITA.

(3)   

An order made by virtue of subsection (2)(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

35

(b)   

for those members to be appointed from among the elected members of

the constituent councils.

(4)   

For the purposes of subsection (3), the constituent councils of an ITA are—

(a)   

any county council, and

(b)   

any district council,

40

   

for an area within the integrated transport area of the ITA.

(5)   

In subsection (2)(c) “executive arrangements” means—

(a)   

the appointment of an executive,

(b)   

the functions of the ITA which are the responsibility of an executive,

 
 

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

69

 

(c)   

the functions of the ITA which are the responsibility of an executive

and which may be discharged by a committee of the ITA or by a body

other than the ITA,

(d)   

arrangements relating to the review and scrutiny of the discharge of

functions,

5

(e)   

access to information on the proceedings of an executive of the ITA,

(f)   

the disapplication of section 15 of the Local Government and Housing

Act 1989 (c. 42) (duty to allocate seats to political groups) in relation to

an executive of the ITA or a committee of such an executive,

(g)   

the keeping of a record of any arrangements relating to the ITA and

10

falling within paragraphs (a) to (f).

(6)   

The provision which may be made by an order by virtue of subsection (2)(d)

includes—

(a)   

provision setting up or dissolving an executive body of an ITA, or

merging two or more executive bodies of an ITA,

15

(b)   

provision conferring functions on, or removing functions from, an

executive body of an ITA,

(c)   

provision transferring functions of an ITA to an executive body of the

ITA, and transferring functions of an executive body of an ITA to the

ITA.

20

(7)   

An order may not provide for the budget of an ITA to be agreed otherwise than

by the ITA.

79      

Delegation of functions of the Secretary of State

(1)   

The Secretary of State may, to any extent, by order delegate to an ITA or an

eligible local transport authority any function of the Secretary of State—

25

(a)   

which does not consist of a power to make regulations or other

instruments of a legislative character or a power to fix fees or charges,

and

(b)   

which the Secretary of State considers can appropriately be exercised

by the ITA or eligible local transport authority.

30

(2)   

A delegation by virtue of this section may be made subject to conditions.

(3)   

“Eligible local transport authority” means an authority which has been

designated as a local transport authority by an order under section 83 or 84.

80      

Delegation of local authority functions

(1)   

The Secretary of State may, to any extent, by order provide for the delegation,

35

to an ITA or an eligible local transport authority, of any function of a local

authority—

(a)   

which is exercisable by the local authority in relation to an area which

is comprised in the ITA’s integrated transport area or the eligible local

transport authority’s area, and

40

(b)   

which the Secretary of State considers can appropriately be exercised

by the ITA or eligible local transport authority.

(2)   

A delegation by virtue of this section may be made subject to conditions.

(3)   

“Local authority” means—

(a)   

a county council,

45

 
 

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

70

 

(b)   

a district council.

(4)   

“Eligible local transport authority” means an authority which has been

designated as a local transport authority by an order under section 83 or 84.

81      

Conferral of a power to direct

(1)   

The Secretary of State may by order confer on—

5

(a)   

an ITA, or

(b)   

an authority which has been designated as a local transport authority

by an order under section 83 or 84,

   

a power to give a direction about the exercise of an eligible power.

(2)   

An “eligible power” means a power of a council for a county, metropolitan

10

district or non-metropolitan district comprised in an area for which there is no

county council, which the council has—

(a)   

as highway authority by virtue of section 1 of the Highways Act 1980

(c. 66), or

(b)   

as traffic authority by virtue of section 121A of the Road Traffic

15

Regulation Act 1984 (c. 27).

(3)   

In this section references to a power do not include references to a duty.

(4)   

A power of direction under this section must relate only to the exercise of an

eligible power in—

(a)   

the area of the directing authority, and

20

(b)   

the area of the authority subject to the direction.

(5)   

Where an authority has been designated as a local transport authority by an

order under section 84 (dissolution of an integrated transport area), the

reference in subsection (4) to the area of the authority is a reference to the

territory previously comprised in the integrated transport area.

25

(6)   

A power of direction under this section must relate only to the exercise of an

eligible power in respect of—

(a)   

a particular road (whether or not specified in the order), or

(b)   

a description of road (whether or not specified in the order).

(7)   

In subsection (6) “road”—

30

(a)   

has the meaning given by section 142(1) of the Road Traffic Regulation

Act 1984, and

(b)   

does not include any road which is the subject of a concession

agreement under Part 1 of the New Roads and Street Works Act 1991

(c. 22).

35

(8)   

A power of direction under this section must relate only to any one or more

of—

(a)   

the provision of information about the exercise of an eligible power

which the authority subject to the direction has or might reasonably be

expected to acquire,

40

(b)   

the imposition on such an authority of requirements relating to

procedures to be followed prior to the exercise of an eligible power,

(c)   

the imposition on such an authority of requirements relating to the

obtaining of consent prior to the exercise of an eligible power,

 
 

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

71

 

(d)   

the imposition on such an authority of conditions subject to which an

eligible power may be exercised (including conditions relating to the

times at which, and the manner in which, an eligible power may be

exercised),

(e)   

a requirement to exercise an eligible power (including a requirement to

5

exercise an eligible power subject to conditions),

(f)   

a prohibition on the exercise of an eligible power.

(9)   

A power of direction under this section may be conferred subject to conditions.

(10)   

Any direction given by virtue of this section—

(a)   

must be given in writing and may be varied or revoked by further

10

direction in writing, and

(b)   

may make different provision for different cases and different

provision for different areas.

(11)   

If an order makes provision for a direction by virtue of subsection (8)(e), the

order must make provision for the direction not to have effect unless the

15

directing authority meets the cost of complying with the direction.

(12)   

An order under this section must not provide that an authority is subject to

concurrent directions given by more than one directing authority about the

exercise of the same eligible power.

82      

Contravention of an order under section 81

20

(1)   

An order under section 81 may provide that, if an authority exercises any

power in contravention of a direction under such an order, the directing

authority may take such steps as it considers appropriate to reverse or modify

the effect of the exercise of the power.

(2)   

For the purposes of subsection (1), the directing authority has power to exercise

25

any power of the authority subject to the direction on behalf of that authority.

(3)   

Any reasonable expenses incurred by the directing authority in taking any

steps under subsection (1) are recoverable from the authority subject to the

direction as a civil debt.

83      

Changing the boundaries of an integrated transport area

30

(1)   

The Secretary of State may by order designate an integrated transport area in

England by—

(a)   

including a county or district in an integrated transport area, or

(b)   

removing a county or district from an integrated transport area.

(2)   

No part of an integrated transport area established under this section may be

35

separated from the rest of it by a territory which is part of another local

government area but which is not included in the integrated transport area.

(3)   

Where by virtue of an order a territory ceases to be comprised in an integrated

transport area, the order—

(a)   

must make provision for designating an authority to be a local

40

transport authority for the territory for the purposes of section 108(4) of

the TA 2000, and

(b)   

may transfer functions to that authority from the ITA which was

formerly the local transport authority.

 
 

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

72

 

(4)   

Provision made by virtue of subsection (3) may designate different authorities

for different parts of the territory.

84      

Dissolution of an integrated transport area

(1)   

The Secretary of State may by order dissolve an integrated transport area and

abolish the ITA for the integrated transport area.

5

(2)   

The order—

(a)   

must make provision for designating an authority to be a local

transport authority for the territory previously comprised in the

integrated transport area for the purposes of section 108(4) of the TA

2000, and

10

(b)   

may transfer functions to that authority from the ITA which was

formerly the local transport authority.

(3)   

Provision made by virtue of subsection (2) may designate different authorities

for different parts of the territory.

Further provision about orders

15

85      

Orders under sections 78 to 84

(1)   

This section applies to an order made under any of sections 78 to 84.

(2)   

An order may be made only if the Secretary of State, having had regard to a

scheme prepared and published under section 76 or 77, considers that the

making of the order is likely to improve—

20

(a)   

the exercise of statutory functions relating to transport in the area or

areas to which the order relates, or

(b)   

the effectiveness and efficiency of transport within that area or those

areas.

(3)   

The requirement in subsection (2) to have regard to a scheme does not apply in

25

relation to any matter if a direction has been given under section 77 in relation

to the matter and any period specified in the direction for the preparation and

publication of a scheme has expired.

(4)   

Before making an order the Secretary of State must consult—

(a)   

such representatives of authorities mentioned in sections 76(2) and

30

77(2), and

(b)   

such other persons (if any),

   

as the Secretary of State considers appropriate.

(5)   

In making an order the Secretary of State must have regard to the need—

(a)   

to reflect the identities and interests of local communities, and

35

(b)   

to secure effective and convenient local government.

(6)   

An order which makes provision for dissolution of an integrated transport area

may be made only with the consent of a majority of the councils falling within

subsection (7).

(7)   

The councils are—

40

(a)   

the councils for any metropolitan districts whose areas are comprised

in the integrated transport area,

 
 

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

73

 

(b)   

the councils for any counties whose areas are comprised in the

integrated transport area,

(c)   

any unitary councils for any non-metropolitan districts whose areas are

comprised in the integrated transport area.

(8)   

An order which changes the boundaries of an integrated transport area may be

5

made only if each council mentioned in subsection (9) has consented to the

boundary change.

(9)   

The councils are—

(a)   

any council for a county or a metropolitan district, and any unitary

council, whose area—

10

(i)   

is comprised in the existing integrated transport area, and

(ii)   

would not be comprised in the proposed integrated transport

area,

(b)   

any council for a county or a metropolitan district, and any unitary

council, whose area—

15

(i)   

is not comprised in the existing integrated transport area, and

(ii)   

would be comprised in the proposed integrated transport area.

(10)   

In this section a “unitary council” is a council for a non-metropolitan district

comprised in an area for which there is no county council.

(11)   

This section has effect in relation to the variation or revocation of an order as it

20

has effect in relation to the making of an order.

86      

Incidental etc provision

(1)   

The Secretary of State may by order make incidental, consequential,

transitional or supplementary provision for the purposes of, or in consequence

of, an order under this Chapter, or for giving full effect to such an order.

25

(2)   

The provision which may be included by virtue of this section in an order

includes provision for the transfer of property, rights and liabilities by—

(a)   

the order,

(b)   

a scheme made by the Secretary of State under the order,

(c)   

a scheme required to be made under the order by a person other than

30

the Secretary of State.

(3)   

The provision which may be included by virtue of subsection (2) in an order

includes provision—

(a)   

for the creation or imposition by the Secretary of State of new rights or

liabilities in respect of anything transferred by or under an order,

35

(b)   

for the management or custody of transferred property,

(c)   

for bodies to make agreements with respect to any property, income,

rights, liabilities and expenses of, and any financial relations between,

the parties to the agreement.

(4)   

The provision which may be included by virtue of this section in an order

40

includes provision amending, repealing or revoking any enactment, whenever

passed or made.

(5)   

In this section “enactment” includes an enactment comprised in subordinate

legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2008
Revised 1 February 2008