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Public Bill Committee: 22nd April 2008                  

105

 

Local Transport Bill [Lords] continued

 
 

“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.

 

(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.”.

 

(3)    

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.”’.

 



 
 

Public Bill Committee: 22nd April 2008                  

106

 

Local Transport Bill [Lords] continued

 
 

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.’.

 


 

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—

 

(4)    

  

 

“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.


 
 

Public Bill Committee: 22nd April 2008                  

107

 

Local Transport Bill [Lords] continued

 
 

(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.”’.

 


 

Cancellation of services where quality contracts scheme proposed

 

Graham Stringer

 

Ian Stewart

 

Mr Clive Betts

 

NC6

 

Parliamentary Star - white    

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.”.’.

 



 
 

Public Bill Committee: 22nd April 2008                  

108

 

Local Transport Bill [Lords] continued

 
 

Extension of grant-making powers

 

Graham Stringer

 

Ian Stewart

 

Mr Clive Betts

 

NC7

 

Parliamentary Star - white    

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).’.

 


 

Quality contracts: application of TUPE

 

Graham Stringer

 

Ian Stewart

 

NC8

 

Parliamentary Star    

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


 
 

Public Bill Committee: 22nd April 2008                  

109

 

Local Transport Bill [Lords] continued

 
 

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.

 

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—


 
 

Public Bill Committee: 22nd April 2008                  

110

 

Local Transport Bill [Lords] continued

 
 

(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

 

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.”’.

 



 
 

Public Bill Committee: 22nd April 2008                  

111

 

Local Transport Bill [Lords] continued

 
 

Congestion charging (airport roads)

 

Norman Baker

 

Mr John Leech

 

NC9

 

Parliamentary Star    

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.”.’.

 

 

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

 

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.

 

 

NOTICES WITHDRAWN

 

The following Notices have been withdrawn:

 

Graham Stringer

 

Ian Stewart

 

80

 

Clause  39,  page  34,  leave out from line 14 to line 33 on page 35 and insert—


 
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