House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 8th May 2008
250

Local Transport Bill [Lords] continued

(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.

(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).’.

Public Bill Committee: 8th May 2008
251

Local Transport Bill [Lords] continued

Stephen Hammond

302


Clause  89,  page  74,  line  20,  leave out ‘have regard to’ and insert ‘be cognisant of’.

Stephen Hammond

303


Clause  92,  page  75,  line  28,  at end insert—

‘(1A)
The power under subsection (1) may only be exercised in relation to the provision

of transport services and infrastructure in the whole or any part of the integrated

transport area.’.

Stephen Hammond

304


Clause  92,  page  75,  line  36,  leave out paragraph (b).

Stephen Hammond

305


Clause  92,  page  75,  line  40,  leave out paragraph (f).

Stephen Hammond

306


Clause  92,  page  76,  line  1,  leave out subsection (4).

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.’.

Public Bill Committee: 8th May 2008
252

Local Transport Bill [Lords] continued

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.’.

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

Public Bill Committee: 8th May 2008
253

Local Transport Bill [Lords] continued

(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.

Stephen Hammond

307


Clause  106,  page  82,  line  25,  leave out from ‘may’ to end of line 36, and insert

‘publish guidance in connection with the payment and collection of charges imposed by

such schemes’.

Stephen Hammond

308


Clause  106,  page  83,  line  9,  leave out from beginning to end of line 36 and insert—

‘10A (1)
Guidance may be published in connection with the payment and collection of

charges imposed by such schemes’.

Mr Greg Knight

265

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

‘(d)
any specified motor vehicle.’.

Stephen Hammond

309


Clause  110,  page  86,  line  13,  at end insert—

‘(4)
The local traffic authority or Integrated Transport Authority may charge a

reasonable fee in respect of the cost of supplying information under subsection

(1).’.

Public Bill Committee: 8th May 2008
254

Local Transport Bill [Lords] continued

Stephen Hammond

310


Clause  110,  page  86,  line  29,  at end insert—

‘(4)
The authority may charge a reasonable fee in respect of the cost of supplying

information under subsection (1).’.

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.”.

Public Bill Committee: 8th May 2008
255

Local Transport Bill [Lords] continued

(4)
In section 86 (prohibition of parking at dropped footways etc) at the end insert—

“(10)
In this section “local authority” includes a non-metropolitan district

council.”.

(5)
In section 87 (guidance to local authorities) at the end insert—

“(3)
In this section “local authority” includes a non-metropolitan district

council.”.’.

Vetting for persons driving vehicles used under permits

Graham Stringer

NC1

To move the following Clause:—

‘(1)
The TA 1985 is amended as follows.

(2)
After section (19)(6) insert—

“(6A)
It shall be a requirement for a body granted a permit under this section to

establish that no person driving a vehicle on its behalf is registered on the

sex offenders register”.

(3)
After section 23(6) insert—

“(6A)
It shall be a requirement for a body granted a permit under this section to

establish that no person driving a vehicle on its behalf is registered on the

sex offenders register”.’.

Bus partnership schemes

Stephen Hammond

NC2

To move the following Clause:—

‘(1)
The Transport Act 2000 is amended as follows.

(2)
After section 109 (further provision about plans), insert—

(3)

“109A
Bus partnership schemes

(1)
In preparing their local transport plan, the authority may create a bus

partnership scheme.

(2)
A bus partnership scheme shall seek consensus on bus routes,

frequencies, fares and other matters that shall be agreed, for the period of

the local transport plan.

(3)
In constructing a bus partnership scheme, the authority shall consult—

(a)
all operators of registered services in the specified area;

(b)
such organisations representative of passengers as it sees fit.

Public Bill Committee: 8th May 2008
256

Local Transport Bill [Lords] continued

(4)
In exercising their statutory functions under the Town and Country

Planning Acts, the local planning authority shall have regard to the bus

partnership scheme and guidance contained therein.

109B
Bus partnership strategy

(1)
Each local transport authority must prepare a document to be known as

the bus partnership strategy containing their general policies as to how

best to create bus partnership schemes.

(2)
In preparing a bus partnership strategy, the authority shall consult—

(a)
all operators of registered services in the specified area;

(b)
such organisations representative of passengers as it sees fit.”.

(4)
In section 162(1) (interpretation) before “community bus services” insert “Bus

strategy” means “bus partnership strategy” and has the meaning given in section

109B.”.’.

Integrated smartcard ticketing

Norman Baker

Mr John Leech

nc3

To move the following Clause:—

‘(1)
Section 112 of the TA 2000 is amended as follows.

(2)
After subsection (2) insert—

“(3)
In developing their policies under section 108(1), a local transport

authority must have regard to the facilitation of the use of ITSO standard

smartcards on local public transport, and demonstrate an assessment of

the potential benefits of ITSO smartcards being available to all local

public transport users.”’.

Regulations under the Transport Act 2000

Norman Baker

Mr Graham Leech

NC4

To move the following Clause:—

‘(1)
Section 160 of the TA 2000 (Part II: regulations and orders) is amended as

follows.

(2)
In subsection (2) at end insert ‘, save as provided in sections 122 and 133.’.