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Public Bill Committee: 6th May 2008                     

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Local Transport Bill [Lords] continued

 
 

134D  

Quality contracts: pensions

 

(1)    

The appropriate person shall exercise his power to give directions under

 

section 134C(1) so as to secure that where a local transport authority

 

concludes a quality contract with the new operator, it does so on terms—

 

(a)    

that provide for any employee working on services governed by

 

a quality contract to be eligible to join the Local Government

 

Pension Scheme;

 

(b)    

that, for those employees who are not members of the Local

 

Government Pension Scheme, otherwise require the new

 

operator to secure pension protection for each transferring

 

employee;

 

(c)    

that, so far as relating to the securing of pension protection for a

 

transferring employee, are enforceable by the employee.

 

(2)    

For the purpose of subsection (1)—

 

(a)    

“transferring employee” means an employee whose contract of

 

employment becomes, by virtue of section 134B(1), a contract of

 

employment with the new operator.

 

(b)    

“pension protection” is secured for a transferring employee if

 

after that change in his employer he has, as an employee of his

 

new employer, rights to acquire pension benefits and those

 

rights—

 

(i)    

are the same as, or

 

(ii)    

under the directions count as being broadly comparable

 

to or better than,

 

    

those that he had as an employee of the old operator.

 

(3)    

The appropriate person shall exercise his power to give directions under

 

section 134C(1) so as to secure that where—

 

(a)    

a quality contract between a local transport authority and an

 

operator (“the incumbent operator”) governs the provision of

 

services by an operator;

 

(b)    

the local transport authority concludes a subsequent quality

 

contract under a quality contract scheme with an operator (“the

 

subsequent operator”) other than the incumbent operator; and

 

(c)    

the application of the TUPE Regulations results in one or more

 

employees (“transferring employees”) of the incumbent operator

 

becoming employed by the subsequent operator in relation to its

 

operation of the subsequent quality contract;

 

    

the local transport authority concludes the quality contract with the

 

subsequent operator on terms satisfying the requirements of subsection

 

(4).

 

(4)    

Those requirements are that the terms—

 

(a)    

provide for any employee working on services governed by a

 

quality contract to be eligible to join the Local Government

 

Pension Scheme;

 

(b)    

require the subsequent operator to secure pension protection for

 

each transferring employee;

 

(c)    

that, so far as relating to the securing of pension protection for a

 

transferring employee, are enforceable by the employee.

 

(5)    

For the purposes of subsection (4) “pension protection” is secured for a

 

transferring employee if after that change in his employer he has, as an


 
 

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employee of his new employer, rights to acquire pension benefits and

 

those rights—

 

(a)    

are the same as, or

 

(b)    

under the directions count as being broadly comparable to or

 

better than, those that he had as an employee of the old operator.

 

134E  

Quality contracts: consultation

 

(1)    

The appropriate person shall exercise his power to give directions under

 

section 134C(1) so as to secure that where a local transport authority is

 

seeking to introduce a quality contract scheme or to introduce a quality

 

contract with a new operator, it will, at the earliest opportunity, consult

 

with recognised trade unions as to the tender preparation and evaluation

 

process.

 

(2)    

The appropriate person shall, in further exercise of his power to give

 

directions under section 134C(1), provide guidance to local transport

 

authorities contemplating the award of a quality contract with a new

 

operator as to the matters that shall be taken into consideration, which

 

shall include any earlier failure to comply with the safeguards provided

 

for employees under these provisions.”’.

 


 

Congestion charging (airport roads)

 

Norman Baker

 

Mr John Leech

 

NC9

 

To move the following Clause:—

 

‘(1)    

Section 163 of the Transport Act 2000 is amended as follows.

 

(2)    

At the end of subsection (3) insert “, or

 

(e)    

by a designated airport operator which exercises the functions of a

 

highway authority under section 65 of the Airports Act 1986.”.’.

 


 

Power to require bus operators to make available information for inspection

 

Graham Stringer

 

NC10

 

To move the following Clause:—

 

‘(1)    

The appropriate national authority may make regulations requiring bus operators

 

places in such manner as may be prescribed, to make information falling within

 

subsection (2) available for inspection by the appropriate traffic commissioner.

 

(2)    

The information referred to in subsection (1) is such information as is available

 

on the actual historical real time movements of buses operated by them for such

 

periods of time as the regulations may stipulate.


 
 

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Local Transport Bill [Lords] continued

 
 

(3)    

Regulations under this section may provide that a traffic commissioner may

 

impose a financial penalty on any bus operator who, without reasonable excuse,

 

fails to comply with a requirement imposed on them by regulations under this

 

section.

 

(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

 

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.

 

(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.

 

(7)    

The power to make regulations under this section is exercisable by statutory

 

instrument.

 

(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

 

National Assembly of 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;

 

(b)    

in relation to public passenger transport services operating

 

wholly or partly in Wales, the Welsh Ministers;

 

“prescribed” means prescribed in regulations;

 

“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.’.

 


 

Bus operators grant (conditions of issue)

 

Graham Stringer

 

NC11

 

To move the following Clause:—

 

‘(1)    

The Bus Service Operators Grant (England) Regulations 2002 are amended as

 

follows.

 

(2)    

For sub-paragraph 3(2) there is substituted—

 

    

“The conditions referred to in paragraph (1)(a) are that—

 

(a)    

the grant ensures a particular bus route stays open; or


 
 

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(b)    

the grant facilitates lower emissions of carbon from buses.”’.

 


 

Severn Bridge Tolls (non-cash payment)

 

Stephen Hammond

 

Mrs Cheryl Gillan

 

NC12

 

To move the following Clause:—

 

‘(1)    

The Severn Bridge Regulations 1993 (SI 1595) are amended as follows.

 

(2)    

In sub-paragraph 5(1), after “cash” insert “, or by debit or credit card” and after

 

“coins” insert “, debit or credit card”.’.

 


 

Ms Rosie Winterton

 

292

 

Parliamentary Star    

Title,  line  8,  after ‘roads;’ insert ‘to amend Part 6 of the Traffic Management Act 2004;’.

 


 

Ms Rosie Winterton

 

That certain written evidence already reported to the House be appended to the

 

proceedings of the Committee.

 

 

Order of the House [26th MARCH 2008]

 

That the following provisions shall apply to the Local Transport Bill [Lords]:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 8th May 2008.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to


 
 

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Local Transport Bill [Lords] continued

 
 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [22nd April 2008]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

 

22nd April) meet—

 

(a)  

at 4.00 p.m. on Tuesday 22nd April;

 

(b)  

at 9.00 a.m. and 1.00 p.m. on Thursday 24th April;

 

(c)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 29th April;

 

(d)  

at 10.30 a.m. and 4.00 p.m. on Tuesday 6th May;

 

(e)  

at 9.00 a.m. and 1.00 p.m. on Thursday 8th May;

 

(2)  

the proceedings shall be taken in the following order: Clauses 1 to 7;

 

Schedule 1; Clauses 8 to 41; Schedule 2; Clause 42; Schedule 3; Clauses 43

 

to 72; Schedule 4; Clauses 73 to 102; Schedule 5; Clauses 103 to 114;

 

Schedule 6; Clauses 115 to 121; Schedule 7; Clauses 122 to 125; new

 

Clauses; new Schedules; remaining proceedings on the Bill;

 

(3)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 4.00 p.m. on Thursday 8th May.

 


 
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