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Public Bill Committee: 8th May 2008                     

257

 

Local Transport Bill [Lords] continued

 
 

Approval of proposed scheme

 

Norman Baker

 

Mr John Leech

 

NC5

 

To move the following Clause:—

 

‘(1)    

The Transport Act 2000 is amended as follows.

 

(2)    

Omit section 126 (approval of proposed scheme).

 

(3)    

After section 125 insert—    

 

“125A

  Consideration of proposed scheme

 

(1)    

If, having complied with section 125, the authority or authorities wish to

 

proceed with the proposed scheme, they must apply to the appropriate

 

consulting authority for its consideration.

 

(2)    

In this Part “the appropriate consulting authority” means—

 

(a)    

where the area to which the scheme relates is in England, an

 

approvals board for England; and

 

(b)    

where the area to which the scheme relates is in Wales, the Welsh

 

Ministers.

 

(3)    

The application must include—

 

(a)    

the authority’s or the authorities’ reasons for wishing to make the

 

scheme; and

 

(b)    

such other information as the appropriate consulting authority

 

may reasonably require.

 

(4)    

The appropriate consulting authority shall give its opinion on the

 

proposed scheme within 28 days of the later of—

 

(a)    

the application for its opinion; and

 

(b)    

the receipt of any further information requested under subsection

 

(3)(b).

 

(5)    

The appropriate consulting authority may recommend modifications to

 

the proposed scheme.

 

(6)    

Following receipt of the appropriate consulting authority’s opinion, the

 

authority or authorities must take that opinion into account and may then

 

proceed to—

 

(a)    

make the proposed scheme;

 

(b)    

discontinue the proposed scheme; or

 

(c)    

make the proposed scheme with modifications.

 

(7)    

If the authority or authorities propose to make the scheme with

 

modifications, they must first consult such of the persons they consulted

 

under section 125(3) as would in their opinion be affected by those

 

modifications.”’.

 



 
 

Public Bill Committee: 8th May 2008                     

258

 

Local Transport Bill [Lords] continued

 
 

Cancellation of services where quality contracts scheme proposed

 

Graham Stringer

 

Ian Stewart

 

Mr Clive Betts

 

NC6

 

To move the following Clause:—

 

‘(1)    

The Public Service Vehicles (Registration of Local Services) Regulations 1986

 

(S.I. 1986/671) are amended as follows.

 

(2)    

After Regulation 5(2)(a) insert—

 

“(aa)    

subject to paragraph (3), in the case of any service which is

 

provided within an area in respect of which an authority or

 

authorities have given notice to the traffic commissioner,

 

pursuant to section 130(7) of the Transport Act 2000, that a

 

quality contract covering the area within which the service (or

 

part thereof) is provided has been entered into, on the date that

 

the quality contract scheme to which the quality contract relates

 

is to come into operation in accordance with section 127(2)(b) of

 

that Act, and”.

 

(3)    

After Regulation 5(2) insert—

 

“(3)    

Paragraph (2)(aa) shall not apply where the authority, or (where there is

 

more than one authority) any one of them, gives written notice to the

 

traffic commissioner that in respect of any particular service or services

 

it need not apply, or where the number of days between the date of the

 

notice of entry into the quality contract and the date that the related

 

quality contract scheme is to come into operation exceeds 183.”.’.

 


 

Extension of grant-making powers

 

Graham Stringer

 

Ian Stewart

 

Mr Clive Betts

 

NC7

 

To move the following Clause:—

 

‘(1)    

Section 106 of the TA 1985 (grants for transport facilities and services) is

 

amended as follows.

 

(2)    

In subsection (1)(a) after “disabled”, insert “, elderly, in full-time education or

 

unemployed”.

 

(3)    

In subsection (2) after “services”, insert “or such services that facilitate travel by

 

those members of the public referred to in subsection (1)(a) above”.

 

(4)    

In subsection (2)(b) after “services”, insert “or such services that facilitate travel

 

by those members of the public referred to in subsection (1)(a) above”.

 

(5)    

Omit subsection (3).’.

 



 
 

Public Bill Committee: 8th May 2008                     

259

 

Local Transport Bill [Lords] continued

 
 

Quality contracts: application of TUPE

 

Graham Stringer

 

Ian Stewart

 

NC8

 

To move the following Clause:—

 

‘(1)    

After section 134A of the TA 2000 insert—

 

“134B

  Quality contracts: application of TUPE

 

(1)    

Where subsection (2) applies, the cessation of the provision of local

 

services to which a quality contract relates by one person and the

 

commencement of the provision of those services by another (“the new

 

operator”) shall be treated for all purposes as a relevant transfer within

 

the meaning of the Transfer of Undertakings (Protection of Employment)

 

Regulations 2006 (whether or not those Regulations would apply apart

 

from this section).

 

(2)    

This subsection applies where, immediately before the date of the making

 

of a quality contract, one or more persons were employed by a person

 

other than the new operator in the provision of local services in the area

 

to which the relevant quality contracts scheme relates (“the old

 

operator”).

 

(3)    

The date on which the relevant transfer shall be deemed to take effect is

 

the day on which the quality contracts scheme is made.

 

134C  

Quality contracts: compliance with guidance

 

(1)    

Where section 134B(2) applies, a local transport authority, in making a

 

quality contract scheme—

 

(a)    

must deal with matters affecting the terms and conditions of

 

employment of the employees of the old operator as at the date

 

of the relevant transfer, or the arrangements for their pensions, in

 

accordance with any directions given to it by the appropriate

 

person;

 

(b)    

shall comply with guidance issued to it by the appropriate person

 

on matters relating to the terms and conditions, or arrangements

 

for their pensions, of the employees of the old operator as at the

 

date of the relevant transfer;

 

(c)    

must provide for the involvement of recognised trade unions in

 

the tender preparations and the evaluation process in accordance

 

with any guidance issued by the appropriate person;

 

(d)    

shall comply with guidance issued to it by the appropriate person

 

on matters that must be taken into consideration in the award of

 

a quality contract, which shall include any earlier failure to

 

comply with the safeguards provided for employees under these

 

provisions, including those contained in the Transfer of

 

Undertakings (Protection of Employment) Regulations 2006.

 

(2)    

In subsection (1), references to employees of the old operator are

 

references to persons to whom section 134B(2) relates.

 

(3)    

The date of the relevant transfer referred to in subsection (1) shall be

 

determined in accordance with section 134B(3).

 

(4)    

The “appropriate person” shall be the Secretary of State.


 
 

Public Bill Committee: 8th May 2008                     

260

 

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


 
 

Public Bill Committee: 8th May 2008                     

261

 

Local Transport Bill [Lords] continued

 
 

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.


 
 

Public Bill Committee: 8th May 2008                     

262

 

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


 
 

Public Bill Committee: 8th May 2008                     

263

 

Local Transport Bill [Lords] continued

 
 

(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

 

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.


 
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