House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 24th April 2008
145

Local Transport Bill-[ [], 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: 24th April 2008
146

Local Transport Bill-[ [], 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: 24th April 2008
147

Local Transport Bill-[ [], 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—

Public Bill Committee: 24th April 2008
148

Local Transport Bill-[ [], 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: 24th April 2008
149

Local Transport Bill-[ [], 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: 24th April 2008
150

Local Transport Bill-[ [], 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

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: 24th April 2008
151

Local Transport Bill-[ [], continued

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).’.

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