Public Bill Committee: 22nd April 2008

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Local Transport Bill [Lords] continued

Graham Stringer

12

Clause  73,  page  64,  line  40,  at end insert—

‘(10A)

Where a majority of the constituent councils of a proposed integrated transport

area agree a resolution opposing the designation of the area as an integrated

transport area, the Secretary of State shall not make an order under this section.’.

Graham Stringer

13

Clause  73,  page  64,  line  45,  at end insert—

‘(11A)

The Secretary of State shall not make an order under this section unless a

referendum of all electors within the boundaries of a proposed integrated

transport area has been held and a majority of electors are in favour of the

establishment of an integrated transport area.’.

Graham Stringer

Ian Stewart

Mr Clive Betts

131

Clause  76,  page  66,  line  31,  leave out ‘one’ and insert ‘two’.

Graham Stringer

Ian Stewart

Mr Clive Betts

132

Clause  76,  page  66,  line  31,  after ‘may’, insert ‘in conjunction with the relevant

ITA,’.

Graham Stringer

Ian Stewart

Mr Clive Betts

133

Clause  76,  page  66,  leave out line 34.

Graham Stringer

Ian Stewart

Mr Clive Betts

134

Clause  76,  page  67,  line  3,  leave out ‘one’ and insert ‘two’.

Graham Stringer

Ian Stewart

Mr Clive Betts

135

Clause  77,  page  67,  line  14,  after ‘direct’, insert ‘an ITA, or’.

Public Bill Committee: 22nd April 2008

100

Local Transport Bill [Lords] continued

Graham Stringer

Ian Stewart

Mr Clive Betts

136

Clause  77,  page  67,  line  14,  leave out ‘one’ and insert ‘two’.

Graham Stringer

Ian Stewart

Mr Clive Betts

137

Clause  77,  page  67,  line  15,  after ‘description)’, insert ‘, in conjunction with the

relevant ITA,’.

Graham Stringer

Ian Stewart

Mr Clive Betts

138

Clause  77,  page  67,  leave out line 18.

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.’.

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’.

Graham Stringer

Ian Stewart

Mr Clive Betts

140

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

members’.

Public Bill Committee: 22nd April 2008

101

Local Transport Bill [Lords] continued

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).’.

Graham Stringer

82

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

and (8)’.

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.’.

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.’.

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.’.

Public Bill Committee: 22nd April 2008

102

Local Transport Bill [Lords] continued

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—

(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.

Public Bill Committee: 22nd April 2008

103

Local Transport Bill [Lords] continued

(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).’.

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.’.

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”.

Public Bill Committee: 22nd April 2008

104

Local Transport Bill [Lords] continued

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

Ms Rosie Winterton

3

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

Ms Rosie Winterton

4

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

New Clauses

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—

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Revised 22 April 2008