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 5 — Integrated Transport Authorities etc
Chapter 2 — Arrangements relating to Integrated Transport Authorities
74

87
Procedure for orders under this Chapter
(1)
Any power to make an order under this Chapter is exercisable by statutory
instrument.
(2)
A statutory instrument containing an order under this Chapter may not be
made unless a draft of the instrument has been laid before, and approved by a
5
resolution of, each House of Parliament.
Directions and guidance
88
Further provision about directions
(1)
Any direction under section 75 or 77 must be given in writing and may be
varied or revoked by a further direction in writing.
10
(2)
Any such direction may make different provision for different cases and
different provision for different areas.
89
Guidance
(1)
The Secretary of State may give guidance about anything which could be done
by a local authority under this Chapter.
15
(2)
Any guidance under this section must be given in writing and may be varied
or revoked by further guidance in writing.
(3)
Any such guidance may make different provision for different cases and
different provision for different areas.
(4)
In exercising any function under this Chapter a local authority must have
20
regard to any guidance under this section.
(5)
In this section a “local authority” is—
(a)
a county council;
(b)
a district council;
(c)
an ITA.
25
Power to change name
90
Change of name of ITA
(1)
An ITA may, by a resolution in relation to which the requirements mentioned
in subsection (2) are met, change the name by which it is known.
(2)
The requirements are—
30
(a)
that the resolution is considered at a meeting of the ITA which is
specially convened for the purpose,
(b)
that particulars of the resolution were included in the notice of the
meeting, and
(c)
that the resolution is passed at the meeting by not less than two-thirds
35
of the members of the ITA who vote on it.
(3)
An ITA which changes its name under this section must—
(a)
send notice of the change to the Secretary of State, and

Local Transport Bill [HL]
Part 5 — Integrated Transport Authorities etc
Chapter 3 — Power to promote well-being
75

(b)
publish the notice in such manner as the Secretary of State may direct.
(4)
A change of name under this section does not affect the rights or obligations of
the ITA concerned or any other person, or render defective any legal
proceedings; and any legal proceedings may be commenced or continued as if
there had been no change of name.
5
Amendment of power to reorganise functions
91
Amendment of power to reorganise functions
(1)
Section 42 of the Local Government Act 1985 (c. 51) (reorganisation of
functions by Secretary of State) is amended in accordance with subsections (2)
and (3).
10
(2)
In subsection (1)—
(a)
omit “any of the following purposes”,
(b)
omit paragraph (c),
(c)
in paragraph (d), omit “whether or not an order is made for any of the
foregoing purposes”.
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(3)
In subsection (3) omit “any passenger transport authority,”.
(4)
In section 9(1) of the TA 1968 (Passenger Transport Areas, etc) omit “Subject to
any order under section 42(1)(c) of the Local Government Act 1985 (alteration
or abolition of passenger transport areas, etc)”.
Chapter 3
20
Power to promote well-being
92
Power to promote well-being
(1)
An ITA has power to take any action if the ITA determines that doing so is
likely to achieve any one or more of the following objects—
(a)
the promotion or improvement of the economic well-being of its area,
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(b)
the promotion or improvement of the social well-being of its area,
(c)
the promotion or improvement of the environmental well-being of its
area.
(2)
The power under subsection (1) may be exercised in relation to or for the
benefit of—
30
(a)
the whole or any part of the integrated transport area, or
(b)
all or any persons resident or present in, or travelling in or through, the
integrated transport area.
(3)
The power under subsection (1) includes power to—
(a)
incur expenditure,
35
(b)
give financial assistance to any person,
(c)
enter into arrangements or agreements with any person,
(d)
co-operate with, or facilitate or co-ordinate the activities of, any person,
(e)
exercise on behalf of any person any functions of that person, and
(f)
provide staff, goods, services or accommodation to any person.
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Local Transport Bill [HL]
Part 5 — Integrated Transport Authorities etc
Chapter 3 — Power to promote well-being
76

(4)
The power under subsection (1) includes power to do anything in relation to,
or for the benefit of, any person or area situated outside its area if it considers
that doing so is likely to achieve any one or more of the objects in that
subsection.
(5)
Nothing in subsection (3) or (4) affects the generality of the power under
5
subsection (1).
(6)
Subsection (7) applies if there is, in relation to an ITA—
(a)
a PTE established under section 9 of the TA 1968 for the integrated
transport area of the ITA, or
(b)
an executive body established by virtue of section 73(7)(a) or 78(2)(d).
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(7)
The ITA may delegate to the PTE or executive body its function of taking action
under subsection (1) (but not the function of determining what action to take).
93
Limits on power to promote well-being
(1)
The power under section 92(1) does not enable an ITA to do anything which
the ITA is unable to do by virtue of any prohibition, restriction or limitation on
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its powers which is contained in any enactment (whenever passed or made).
(2)
The power under section 92(1) does not enable an ITA to raise money (whether
by precepts, borrowing or otherwise).
(3)
The Secretary of State may by order made by statutory instrument make
provision preventing ITAs from doing, by virtue of section 92(1), anything
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which is specified, or is of a description specified, in the order.
(4)
The power under subsection (3) may be exercised in relation to—
(a)
all ITAs,
(b)
particular ITAs, or
(c)
ITAs of particular descriptions.
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(5)
Before making an order under subsection (3), the Secretary of State must
consult—
(a)
such representatives of ITAs,
(b)
such representatives of local government, and
(c)
such other persons (if any),
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as the Secretary of State considers appropriate.
(6)
Subsection (5) does not apply to an order under subsection (3) which is made
only for the purpose of amending an earlier order under that subsection—
(a)
so as to extend the earlier order, or any provision of the earlier order, to
a particular ITA or to ITAs of a particular description, or
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(b)
so that the earlier order, or any provision of the earlier order, ceases to
apply to a particular ITA or to ITAs of a particular description.
(7)
Before exercising the power under section 92(1), an ITA must have regard to
any guidance for the time being issued by the Secretary of State about the
exercise of that power.
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(8)
Before issuing any guidance under subsection (7), the Secretary of State must
consult—
(a)
such representatives of ITAs,
(b)
such representatives of local government, and

Local Transport Bill [HL]
Part 5 — Integrated Transport Authorities etc
Chapter 3 — Power to promote well-being
77

(c)
such other persons (if any),

as the Secretary of State considers appropriate.
(9)
In this section “enactment” includes an enactment comprised in subordinate
legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
(10)
A statutory instrument containing an order under this section may not be
5
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.
94
Power to amend or repeal enactments
(1)
If the Secretary of State thinks that an enactment (whenever passed or made)
prevents or obstructs ITAs from exercising their power under section 92(1), the
10
Secretary of State may by order made by statutory instrument amend, repeal,
revoke or disapply that enactment.
(2)
The power under subsection (1) may be exercised in relation to—
(a)
all ITAs,
(b)
particular ITAs, or
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(c)
ITAs of a particular description.
(3)
The power under subsection (1) to amend or disapply an enactment includes a
power to amend or disapply an enactment for a particular period.
(4)
In this section “enactment” includes an enactment comprised in subordinate
legislation (within the meaning of the Interpretation Act 1978).
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(5)
A statutory instrument containing an order under this section may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.
95
Procedure for orders under section 94
(1)
Before making an order under section 94 the Secretary of State must consult—
25
(a)
such representatives of ITAs,
(b)
such representatives of local government, and
(c)
such other persons (if any),

as appear to the Secretary of State likely to be affected by the proposals.
(2)
If, following consultation under subsection (1), the Secretary of State proposes
30
to make an order under section 94, the Secretary of State must lay before each
House of Parliament a document which—
(a)
explains the proposals,
(b)
sets them out in the form of a draft order, and
(c)
gives details of consultation under subsection (1).
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(3)
Where a document relating to proposals is laid before Parliament under
subsection (2), no draft of an order under section 94 to give effect to the
proposals (with or without modifications) is to be laid before Parliament in
accordance with section 94(5) until after the expiry of the period of sixty days
beginning with the day on which the document was laid.
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(4)
In calculating the period mentioned in subsection (3) no account is to be taken
of any time during which—
(a)
Parliament is dissolved or prorogued, or

Local Transport Bill [HL]
Part 6 — Local and London charging schemes
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(b)
either House is adjourned for more than four days.
(5)
In preparing a draft order under section 94 the Secretary of State must consider
any representations made during the period mentioned in subsection (3).
(6)
A draft order under section 94 which is laid before Parliament in accordance
with section 94(5) must be accompanied by a statement of the Secretary of State
5
giving details of—
(a)
any representations considered in accordance with subsection (5), and
(b)
any changes made to the proposals contained in the document laid
before Parliament under subsection (2).
(7)
Nothing in this section applies to an order under section 94 which is made only
10
for the purpose of amending an earlier order under that section—
(a)
so as to extend the earlier order, or any provision of the earlier order, to
a particular ITA or to ITAs of a particular description, or
(b)
so that the earlier order, or any provision of the earlier order, ceases to
apply to a particular ITA or to ITAs of a particular description.
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Part 6
Local and London charging schemes
Involvement of Integrated Transport Authorities
96
Power of ITAs to make charging schemes
(1)
Section 163 of the TA 2000 (charging schemes: preliminary) is amended as
20
follows.
(2)
In subsection (3) (authorities by which charging schemes may be made)—
(a)
after paragraph (b) insert—
“(bb)
jointly by an Integrated Transport Authority and one or
more eligible local traffic authorities (“a joint local-ITA
25
charging scheme”),”;
(b)
for “or” at the end of paragraph (c) substitute—
“(cc)
jointly by an Integrated Transport Authority, one or
more eligible local traffic authorities and one or more
London traffic authorities (“a joint ITA-London
30
charging scheme”), or”.
(3)
After subsection (4) insert—
“(4A)
In this Part “eligible local traffic authority” means, in relation to any
Integrated Transport Authority for an integrated transport area, a local
traffic authority which is a council falling within subsection (4B) for—
35
(a)
an area which lies within the Authority’s area,
(b)
an area which adjoins the Authority’s area,
(c)
an area which adjoins an area falling within paragraph (b).
(4B)
The councils are—
(a)
a county council in England,
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(b)
a council for a non-metropolitan district comprised in an area
for which there is no county council,

Local Transport Bill [HL]
Part 6 — Local and London charging schemes
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(c)
a metropolitan district council.”.
97
Local charging schemes to implement policies of ITAs
(1)
Section 164 of the TA 2000 (local charging schemes) is amended as follows.
(2)
In subsection (2)—
(a)
after “A local charging scheme” insert “which has effect wholly outside
5
an integrated transport area”;
(b)
for “policies in the charging authority’s local transport plan” substitute
“local transport policies of the charging authority”.
(3)
After subsection (2) insert—
“(3)
A local charging scheme which has effect wholly within an integrated
10
transport area may only be made if it appears desirable for the purpose
of directly or indirectly facilitating the achievement of local transport
policies of—
(a)
the charging authority, and
(b)
the Integrated Transport Authority for the integrated transport
15
area.
(4)
For the purposes of this section and sections 165 and 166—
(a)
a charging scheme has effect wholly outside an integrated
transport area if none of the roads in respect of which it is made
is in such an area;
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(b)
any reference to a charging scheme which has effect wholly, or
partly, within an integrated transport area is to be read
accordingly.”.
98
Joint local charging schemes to implement policies of ITAs
(1)
Section 165 of the TA 2000 (joint local charging schemes) is amended as
25
follows.
(2)
In subsection (2)—
(a)
after “A joint local charging scheme” insert “which has effect wholly
outside an integrated transport area”;
(b)
for “policies in the charging authorities’ local transport plans”
30
substitute “local transport policies of the charging authorities”.
(3)
After subsection (2) insert—
“(3)
A joint local charging scheme which has effect wholly or partly within
an integrated transport area may only be made if it appears desirable
for the purpose of directly or indirectly facilitating the achievement of
35
local transport policies of—
(a)
the charging authorities, and
(b)
the Integrated Transport Authority for the integrated transport
area.
(4)
Section 164(4) has effect for the purposes of this section.”.
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