House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 6th May 2008
224

Local Transport Bill [Lords] continued

Graham Stringer

88

Clause  77,  page  67,  line  36,  at end insert ‘and must be addressed to every authority

falling within subsection (2) whose area or part of whose area lies within each integrated

transport area or proposed integrated transport area to which the direction relates.’.

Stephen Hammond

285

Clause  77,  page  68,  line  7,  at end insert ‘and

(c)
the cost effectiveness of providing transport within the area.’.

Graham Stringer

Ian Stewart

Mr Clive Betts

139

Clause  78,  page  68,  line  29,  after ‘member)’, insert ‘, and for the ITA to determine

what matters members of the ITA who are not elected members of the ITA’s constituent

councils may not vote on (which may include any matters relating to the funding or

expenditure of the ITA, whether of a capital or revenue nature).’.

Norman Baker

Mr John Leech

238

Clause  78,  page  68,  line  29,  after ‘member’, insert ‘, but which arrangements must

provide that members of the ITA who are not elected members of the ITA’s constituent

councils may not have a vote’.

Stephen Hammond

286

Clause  78,  page  68,  line  34,  leave out ‘for a majority of’.

Graham Stringer

Ian Stewart

Mr Clive Betts

140

Clause  78,  page  68,  line  35,  after ‘councils’, insert ‘from among their elected

members’.

Stephen Hammond

287

Clause  78,  page  68,  line  35,  leave out ‘and’.

Graham Stringer

Ian Stewart

Mr Clive Betts

141

Clause  78,  page  68,  line  36,  leave out paragraph (b) and insert—

‘(b)
for all other members of the ITA to be appointed by it (whether or not on

the nomination of any other person or body).’.

Public Bill Committee: 6th May 2008
225

Local Transport Bill [Lords] continued

Stephen Hammond

288

Clause  78,  page  68,  line  37,  at end insert ‘, and

(c)
for those members to be appointed from among the members of the

different political parties represented in the constituent councils, in such

numbers as to be proportionate to the representation of political parties

on those councils’.

Graham Stringer

82

Clause  78,  page  68,  line  38,  leave out ‘subsection (3)’ and insert ‘subsections (3)

and (8)’.

Stephen Hammond

289

Clause  78,  page  69,  line  2,  after ‘of’, insert ‘the executive of’.

Stephen Hammond

290

Clause  78,  page  69,  line  2,  leave out from ‘ITA’ to end of line 3.

Graham Stringer

83

Clause  78,  page  69,  line  22,  at end add—

‘(8)
An order under this section may be made only if each of the constituent councils

has consented to the constitutional arrangements provision, for which is to be

made in the order.’.

Mr Clive Betts

262

Clause  80,  page  69,  line  34,  after ‘Delegation’ insert ‘transfer’.

Mr Clive Betts

263

Clause  80,  page  69,  line  42,  at end insert—

‘(1A)
The Secretary of State may, to any extent, by order provide for the transfer, to an

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

authority or a local traffic authority—

(a)
which is exercisable by the highway authority or the local traffic

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

(b)
which the Secretary of State considers can appropriately be transferred to

and exercised by the ITA or the eligible local transport authority.

(1B)
An order made under subsection (1A) may provide that any reference in the

Highways Act 1980 or the Road Traffic Regulation Act 1984 to a highway

authority or a local traffic authority shall have effect as a reference to the relevant

ITA or the eligible local transport authority to whom any function of a highway

authority or a local traffic authority is transferred by that order.’.

Public Bill Committee: 6th May 2008
226

Local Transport Bill [Lords] continued

Graham Stringer

84

Clause  80,  page  70,  line  3,  at end add—

‘(5)
An order under this section may be made only if the local authority whose

function is to be delegated by the order has consented to the delegation of that

function.’.

Mr Clive Betts

264

Clause  80,  page  70,  line  3,  at end add—

‘(5)
“Highway authority” and “ local authority” have the same meaning as they do for

the purposes of the Highways Act 1980 and the Road Traffic Regulation Act 1984

respectively.’.

Graham Stringer

85

Clause  81,  page  71,  line  19,  at end add—

‘(13)
An order under this section may be made only if each council which would be

subject to a direction made pursuant to the order has consented to the Secretary

of State making the order.’.

Graham Stringer

86

Clause  84,  page  72,  line  14,  at end insert ‘and shall only designate an authority for

the whole or part of the territory previously comprised in the integrated transport area if

that authority is a county council or a district council for that territory.’.

Norman Baker

Mr John Leech

237

Clause  87,  page  74,  leave out lines 4 to 6 and add—

‘(2)
The Secretary of State may not make an order under this Chapter unless the

Secretary of State has laid a draft of the order before each House of Parliament

and the remaining provisions of this section have been complied with.

(3)
The Secretary of State must have regard to—

(a)
any representations,

(b)
any resolution of either House of Parliament; and

(c)
any recommendations of a committee of either House of Parliament on

the draft order,


made on or with regard to the draft order during the 60-day period.

(4)
If, after the expiry of the 60-day period, the Secretary of State wishes to make an

order in the terms of the draft, he must lay before Parliament a statement—

Public Bill Committee: 6th May 2008
227

Local Transport Bill [Lords] continued

(a)
stating whether any representations were made under subsection (3)(a);

and

(b)
if any representations were so made, giving details of them.

(5)
The Secretary of State may after the laying of such a statement make an order in

the terms of the draft if it is first approved by a resolution of each House of

Parliament.

(6)
However, a committee of either House may, at any time after the laying of a

statement under subsection (4) and before the draft order is approved by that

House under subsection (5), recommend under this subsection that no further

proceedings be taken in relation to the draft order.

(7)
Where a recommendation is made by a committee of either House under

subsection (6) in relation to a draft order, no proceedings may be taken in relation

to the draft order in that House under subsection (5) unless the recommendation

is, in the same Session, rejected by resolution of that House.

(8)
If, after the expiry of the 60-day period, the Secretary of State wishes to make an

order consisting of a version of the draft order with material changes, he must lay

before Parliament—

(a)
a revised draft order; and

(b)
a statement giving details of—

(i)
any representations made under subsection (3)(a); and

(ii)
the revisions proposed.

(9)
The Secretary of State may after laying a revised draft order and statement under

subsection (8) make an order in the terms of the revised draft if it is first approved

by a resolution of each House of Parliament.

(10)
However, a committee of either House may, at any time after the revised draft

order is laid under subsection (8) and before it is approved by that House under

subsection (9), recommend under this subsection that no further proceedings be

taken in relation to the revised draft order.

(11)
Where a recommendation is made by a committee of either House under

subsection (10) in relation to a revised draft order, no proceedings may be taken

in relation to the revised draft order in that House under subsection (9) unless the

recommendation is, in the same Session, rejected by resolution of that House.

(12)
Where a person making representations under subsection (3)(a) has requested the

Secretary of State not to disclose them, the Secretary of State must not disclose

them under subsections (4)(b) or (8)(b)(i) if or to the extent that to do so would

(disregarding any connection with proceedings in Parliament) constitute a breach

of confidence actionable by any person.

(13)
If information in representations made by a person in response to consultation

under subsection (3)(a) relates to another person, the Secretary of State need not

disclose the information under subsection (4)(b) or (8)(b)(i) if or to the extent

that—

(a)
it appears to the Secretary of State that the disclosure of that information

could adversely affect the interests of that other person; and

(b)
the Secretary of State has been unable to obtain the consent of that other

person to the disclosure.

(14)
Subsections (12) and (13) do not affect any disclosure that is requested by, and

made to, a committee of either House of Parliament charged with reporting on the

draft order.

(15)
For the purposes of subsections (5) and (9) an order is made in the terms of a draft

order if it contains no material changes to the provisions of the draft order.

Public Bill Committee: 6th May 2008
228

Local Transport Bill [Lords] continued

(16)
In this section the “60-day period” means the period of 60 days beginning with

the day on which the draft order was laid before Parliament under subsection

(2).’.

Graham Stringer

14

Clause  97,  page  79,  line  16,  at end insert—

‘(3A)
A local charging scheme shall not be made unless a referendum of all electors

within the boundary of the relevant integrated transport area has been held and a

majority of electors are in favour of the establishment of a local charging

scheme.’.

Graham Stringer

15

Clause  97,  page  79,  line  16,  at end insert—

‘(3A)
Where all of the constituent councils of an integrated transport area agree a

resolution opposing the making of a local charging scheme the scheme shall not

be made.’.

Graham Stringer

16

Clause  97,  page  79,  line  16,  at end insert—

‘(3A)
Where a majority of the constituent councils of an integrated transport area agree

a resolution opposing the making of a local charging scheme the scheme shall not

be made.’.

Stephen Hammond

293


Clause  97,  page  79,  line  23,  at end insert—

‘(5)
A local charging scheme which has effect wholly within an integrated transport

area may only be made if the proceeds of such a scheme, if any, are to be

reinvested in the achievement of local transport policies of—

(a)
the charging authority, and

(b)
the Integrated Transport Authority for the integrated transport area.’.

Stephen Hammond

294


Clause  98,  page  79,  line  40,  at end insert—

‘(5)
A joint local charging scheme which has effect wholly within an integrated

transport area may only be made if the proceeds of such a scheme, if any, are to

be reinvested in the achievement of local transport policies of—

(a)
the charging authorities, and

(b)
the Integrated Transport Authority for the integrated transport area.’.

Public Bill Committee: 6th May 2008
229

Local Transport Bill [Lords] continued

Stephen Hammond

295


Clause  100,  page  80,  line  34,  at end insert—

‘(5)
A joint local-London charging scheme which has effect partly within an

integrated transport area may only be made if the proceeds of such a scheme, if

any, are to be reinvested in the achievement of—

(a)
local transport policies of the non-metropolitan local traffic authority, or

the non-metropolitan local traffic authorities, by which the scheme is

made,

(b)
local transport policies of the Integrated Transport Authority for the

integrated transport area, and

(c)
policies and proposals set out in the transport strategy prepared and

published by the Mayor of London under section 142 of the Greater

London Authority Act 1999.’.

Stephen Hammond

296


Clause  101,  page  81,  line  20,  at end insert—

‘(4)
A joint ITA-London charging scheme may only be made if the proceeds of such

a scheme, if any, are to be reinvested in the achievement of—

(a)
local transport policies of the eligible local traffic authority, or the

eligible local traffic authorities, by which the scheme is made,

(b)
local transport policies of the Integrated Transport Authority by which

the scheme is made, and

(c)
policies and proposals set out in the transport strategy prepared and

published by the Mayor of London under section 142 of the Greater

London Authority Act 1999.’.

Graham Stringer

87

Clause  104,  page  81,  line  38,  at end insert—

‘(1A)
In subsection (1), for “may” substitute “shall”.

(1B)
In subsection (2)(a) for “may” substitute “shall”.

(1C)
In subsection (2)(b) for “may” substitute “shall”.’.

Stephen Hammond

297


Page  81,  line  36,  leave out Clause 104.

Public Bill Committee: 6th May 2008
230

Local Transport Bill [Lords] continued

Mr Greg Knight

265

Clause  107,  page  84,  line  4,  at end insert—

‘(d)
any specified motor vehicle.’.

Stephen Hammond

298


Page  89,  line  18,  leave out Clause 115.

Ms Rosie Winterton

3

Clause  124,  page  94,  line  29,  after ‘regulations’, insert ‘, rules’.

Ms Rosie Winterton

291


Clause  124,  page  94,  line  31,  leave out ‘and 116’ and insert ‘, 116 and (Civil

enforcement of traffic contraventions: meaning of “local authority”)’.

Ms Rosie Winterton

4

Clause  125,  page  95,  line  8,  leave out subsection (2).

New Clauses

Civil enforcement of traffic contraventions: meaning of “local authority”

Ms Rosie Winterton

NC13


To move the following Clause:—

‘(1)
Part 6 of the Traffic Management Act 2004 (c. 18) (civil enforcement of traffic

contraventions) is amended as follows.

(2)
In section 76 (civil enforcement officers) at the end insert—

“(6)
In this section “local authority” includes a non-metropolitan district

council.”.

(3)
In section 85 (prohibition of double parking) at the end insert—

“(9)
In this section “local authority” includes a non-metropolitan district

council.”.