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| Clause 87, page 74, leave out lines 4 to 6 and add— |
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| | ‘(2) | The Secretary of State may not make an order under this Chapter unless the |
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| | Secretary of State has laid a draft of the order before each House of Parliament |
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| | and the remaining provisions of this section have been complied with. |
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| | (3) | The Secretary of State must have regard to— |
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| | (b) | any resolution of either House of Parliament; and |
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| | (c) | any recommendations of a committee of either House of Parliament on |
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| | | made on or with regard to the draft order during the 60-day period. |
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| | (4) | If, after the expiry of the 60-day period, the Secretary of State wishes to make an |
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| | order in the terms of the draft, he must lay before Parliament a statement— |
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| | (a) | stating whether any representations were made under subsection (3)(a); |
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| | (b) | if any representations were so made, giving details of them. |
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| | (5) | The Secretary of State may after the laying of such a statement make an order in |
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| | the terms of the draft if it is first approved by a resolution of each House of |
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| | (6) | However, a committee of either House may, at any time after the laying of a |
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| | statement under subsection (4) and before the draft order is approved by that |
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| | House under subsection (5), recommend under this subsection that no further |
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| | proceedings be taken in relation to the draft order. |
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| | (7) | Where a recommendation is made by a committee of either House under |
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| | subsection (6) in relation to a draft order, no proceedings may be taken in relation |
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| | to the draft order in that House under subsection (5) unless the recommendation |
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| | is, in the same Session, rejected by resolution of that House. |
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| | (8) | If, after the expiry of the 60-day period, the Secretary of State wishes to make an |
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| | order consisting of a version of the draft order with material changes, he must lay |
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| | (a) | a revised draft order; and |
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| | (b) | a statement giving details of— |
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| | (i) | any representations made under subsection (3)(a); and |
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| | (ii) | the revisions proposed. |
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| | (9) | The Secretary of State may after laying a revised draft order and statement under |
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| | subsection (8) make an order in the terms of the revised draft if it is first approved |
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| | by a resolution of each House of Parliament. |
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| | (10) | However, a committee of either House may, at any time after the revised draft |
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| | order is laid under subsection (8) and before it is approved by that House under |
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| | subsection (9), recommend under this subsection that no further proceedings be |
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| | taken in relation to the revised draft order. |
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| | (11) | Where a recommendation is made by a committee of either House under |
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| | subsection (10) in relation to a revised draft order, no proceedings may be taken |
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| | in relation to the revised draft order in that House under subsection (9) unless the |
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| | recommendation is, in the same Session, rejected by resolution of that House. |
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| | (12) | Where a person making representations under subsection (3)(a) has requested the |
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| | Secretary of State not to disclose them, the Secretary of State must not disclose |
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| | them under subsections (4)(b) or (8)(b)(i) if or to the extent that to do so would |
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| | (disregarding any connection with proceedings in Parliament) constitute a breach |
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| | of confidence actionable by any person. |
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| | (13) | If information in representations made by a person in response to consultation |
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| | under subsection (3)(a) relates to another person, the Secretary of State need not |
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| | disclose the information under subsection (4)(b) or (8)(b)(i) if or to the extent |
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| | (a) | it appears to the Secretary of State that the disclosure of that information |
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| | could adversely affect the interests of that other person; and |
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| | (b) | the Secretary of State has been unable to obtain the consent of that other |
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| | person to the disclosure. |
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| | (14) | Subsections (12) and (13) do not affect any disclosure that is requested by, and |
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| | made to, a committee of either House of Parliament charged with reporting on the |
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| | (15) | For the purposes of subsections (5) and (9) an order is made in the terms of a draft |
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| | order if it contains no material changes to the provisions of the draft order. |
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| | (16) | In this section the “60-day period” means the period of 60 days beginning with |
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| | the day on which the draft order was laid before Parliament under subsection |
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| Clause 97, page 79, line 16, at end insert— |
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| | ‘(3A) | A local charging scheme shall not be made unless a referendum of all electors |
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| | within the boundary of the relevant integrated transport area has been held and a |
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| | majority of electors are in favour of the establishment of a local charging |
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| Clause 97, page 79, line 16, at end insert— |
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| | ‘(3A) | Where all of the constituent councils of an integrated transport area agree a |
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| | resolution opposing the making of a local charging scheme the scheme shall not |
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| Clause 97, page 79, line 16, at end insert— |
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| | ‘(3A) | Where a majority of the constituent councils of an integrated transport area agree |
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| | a resolution opposing the making of a local charging scheme the scheme shall not |
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| Clause 104, page 81, line 38, at end insert— |
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| | ‘(1A) | In subsection (1), for “may” substitute “shall”. |
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| | (1B) | In subsection (2)(a) for “may” substitute “shall”. |
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| | (1C) | In subsection (2)(b) for “may” substitute “shall”.’. |
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| Clause 124, page 94, line 29, after ‘regulations’, insert ‘, rules’. |
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| Clause 125, page 95, line 8, leave out subsection (2). |
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| | Vetting for persons driving vehicles used under permits |
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| To move the following Clause:— |
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| | ‘(1) | The TA 1985 is amended as follows. |
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| | (2) | After section (19)(6) insert— |
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| | “(6A) | It shall be a requirement for a body granted a permit under this section to |
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| | establish that no person driving a vehicle on its behalf is registered on the |
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| | (3) | After section 23(6) insert— |
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| | “(6A) | It shall be a requirement for a body granted a permit under this section to |
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| | establish that no person driving a vehicle on its behalf is registered on the |
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| | sex offenders register”.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Transport Act 2000 is amended as follows. |
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| | (2) | After section 109 (further provision about plans), insert— |
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| | “109A | Bus partnership schemes |
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| | (1) | In preparing their local transport plan, the authority may create a bus |
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| | (2) | A bus partnership scheme shall seek consensus on bus routes, |
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| | frequencies, fares and other matters that shall be agreed, for the period of |
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| | the local transport plan. |
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| | (3) | In constructing a bus partnership scheme, the authority shall consult— |
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| | (a) | all operators of registered services in the specified area; |
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| | (b) | such organisations representative of passengers as it sees fit. |
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| | (4) | In exercising their statutory functions under the Town and Country |
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| | Planning Acts, the local planning authority shall have regard to the bus |
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| | partnership scheme and guidance contained therein. |
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| | 109B | Bus partnership strategy |
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| | (1) | Each local transport authority must prepare a document to be known as |
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| | the bus partnership strategy containing their general policies as to how |
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| | best to create bus partnership schemes. |
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| | (2) | In preparing a bus partnership strategy, the authority shall consult— |
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| | (a) | all operators of registered services in the specified area; |
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| | (b) | such organisations representative of passengers as it sees fit.”. |
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| | (3) | In section 162(1) (interpretation) before “community bus services” insert “Bus |
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| | strategy” means “bus partnership strategy” and has the meaning given in section |
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| | Integrated smartcard ticketing |
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| To move the following Clause:— |
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| | ‘(1) | Section 112 of the TA 2000 is amended as follows. |
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| | (2) | After subsection (2) insert— |
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| | “(3) | In developing their policies under section 108(1), a local transport |
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| | authority must have regard to the facilitation of the use of ITSO standard |
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| | smartcards on local public transport, and demonstrate an assessment of |
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| | the potential benefits of ITSO smartcards being available to all local |
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| | public transport users.”’. |
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| | Regulations under the Transport Act 2000 |
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| To move the following Clause:— |
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| | ‘(1) | Section 160 of the TA 2000 (Part II: regulations and orders) is amended as |
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| | (2) | In subsection (2) at end insert ‘, save as provided in sections 122 and 133.’. |
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| | Approval of proposed scheme |
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| To move the following Clause:— |
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| | ‘(1) | The Transport Act 2000 is amended as follows. |
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| | (2) | Omit section 126 (approval of proposed scheme). |
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| | (3) | After section 125 insert— |
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| | “125A | Consideration of proposed scheme |
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| | (1) | If, having complied with section 125, the authority or authorities wish to |
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| | proceed with the proposed scheme, they must apply to the appropriate |
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| | consulting authority for its consideration. |
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| | (2) | In this Part “the appropriate consulting authority” means— |
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| | (a) | where the area to which the scheme relates is in England, an |
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| | approvals board for England; and |
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| | (b) | where the area to which the scheme relates is in Wales, the Welsh |
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| | (3) | The application must include— |
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| | (a) | the authority’s or the authorities’ reasons for wishing to make the |
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| | (b) | such other information as the appropriate consulting authority |
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| | (4) | The appropriate consulting authority shall give its opinion on the |
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| | proposed scheme within 28 days of the later of— |
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| | (a) | the application for its opinion; and |
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| | (b) | the receipt of any further information requested under subsection |
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| | (5) | The appropriate consulting authority may recommend modifications to |
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| | (6) | Following receipt of the appropriate consulting authority’s opinion, the |
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| | authority or authorities must take that opinion into account and may then |
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| | (a) | make the proposed scheme; |
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| | (b) | discontinue the proposed scheme; or |
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| | (c) | make the proposed scheme with modifications. |
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| | (7) | If the authority or authorities propose to make the scheme with |
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| | modifications, they must first consult such of the persons they consulted |
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| | under section 125(3) as would in their opinion be affected by those |
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| | Cancellation of services where quality contracts scheme proposed |
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| To move the following Clause:— |
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| | ‘(1) | The Public Service Vehicles (Registration of Local Services) Regulations 1986 |
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| | (S.I. 1986/671) are amended as follows. |
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| | (2) | After Regulation 5(2)(a) insert— |
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| | “(aa) | subject to paragraph (3), in the case of any service which is |
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| | provided within an area in respect of which an authority or |
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| | authorities have given notice to the traffic commissioner, |
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| | pursuant to section 130(7) of the Transport Act 2000, that a |
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| | quality contract covering the area within which the service (or |
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| | part thereof) is provided has been entered into, on the date that |
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| | the quality contract scheme to which the quality contract relates |
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| | is to come into operation in accordance with section 127(2)(b) of |
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| | (3) | After Regulation 5(2) insert— |
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| | “(3) | Paragraph (2)(aa) shall not apply where the authority, or (where there is |
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| | more than one authority) any one of them, gives written notice to the |
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| | traffic commissioner that in respect of any particular service or services |
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| | it need not apply, or where the number of days between the date of the |
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| | notice of entry into the quality contract and the date that the related |
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| | quality contract scheme is to come into operation exceeds 183.”.’. |
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| | Extension of grant-making powers |
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| To move the following Clause:— |
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| | ‘(1) | Section 106 of the TA 1985 (grants for transport facilities and services) is |
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| | (2) | In subsection (1)(a) after “disabled”, insert “, elderly, in full-time education or |
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| | (3) | In subsection (2) after “services”, insert “or such services that facilitate travel by |
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| | those members of the public referred to in subsection (1)(a) above”. |
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| | (4) | In subsection (2)(b) after “services”, insert “or such services that facilitate travel |
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| | by those members of the public referred to in subsection (1)(a) above”. |
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| | (5) | Omit subsection (3).’. |
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| | Quality contracts: application of TUPE |
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| To move the following Clause:— |
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| | ‘(1) | After section 134A of the TA 2000 insert— |
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| | “134B | Quality contracts: application of TUPE |
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| | (1) | Where subsection (2) applies, the cessation of the provision of local |
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| | services to which a quality contract relates by one person and the |
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| | commencement of the provision of those services by another (“the new |
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| | operator”) shall be treated for all purposes as a relevant transfer within |
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| | the meaning of the Transfer of Undertakings (Protection of Employment) |
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| | Regulations 2006 (whether or not those Regulations would apply apart |
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| | (2) | This subsection applies where, immediately before the date of the making |
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| | of a quality contract, one or more persons were employed by a person |
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| | other than the new operator in the provision of local services in the area |
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| | to which the relevant quality contracts scheme relates (“the old |
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| | (3) | The date on which the relevant transfer shall be deemed to take effect is |
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| | the day on which the quality contracts scheme is made. |
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| | 134C | Quality contracts: compliance with guidance |
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| | (1) | Where section 134B(2) applies, a local transport authority, in making a |
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| | (a) | must deal with matters affecting the terms and conditions of |
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| | employment of the employees of the old operator as at the date |
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| | of the relevant transfer, or the arrangements for their pensions, in |
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