Notices of Amendments: 18th April 2008

54

Local Transport Bill-[ [], continued

Graham Stringer

Ian Stewart

Mr Clive Betts

121

Clause  30,  page  28,  leave out lines 22 to 41.

Norman Baker

Mr John Leech

180

Clause  30,  page  28,  line  28,  leave out ‘approval’ and insert ‘consulting’.

Norman Baker

Mr John Leech

181

Clause  30,  page  28,  line  29,  leave out ‘section 126’ and insert ‘section 125A’.

Norman Baker

Mr John Leech

182

Clause  30,  page  28,  line  32,  leave out ‘approval’ and insert ‘consulting’.

Norman Baker

Mr John Leech

183

Clause  31,  page  28,  line  45,  leave out ‘Section 126’ and insert ‘Section 125A

(consideration of proposed scheme)’.

Stephen Hammond

215

Clause  31,  page  28,  line  45,  leave out from ‘authority)’ to ‘applies’ in line 1 on

page 29.

Stephen Hammond

216

Clause  31,  page  29,  line  2,  leave out from ‘one’ to end of line 3.

Stephen Hammond

217

Clause  31,  page  29,  line  4,  leave out subsection (2).

Stephen Hammond

218

Clause  31,  page  29,  line  14,  leave out subsections (3) to (10).

Notices of Amendments: 18th April 2008

55

Local Transport Bill-[ [], continued

Graham Stringer

Ian Stewart

Mr Clive Betts

122

Page  28,  line  42,  leave out Clause 31.

Norman Baker

Mr John Leech

184

Clause  32,  page  31,  line  20,  leave out ‘approval’ and insert ‘consulting’.

Graham Stringer

Ian Stewart

Mr Clive Betts

Norman Baker

Mr John Leech

Stephen Hammond

123

Page  30,  line  29,  leave out Clause 32.

Stephen Hammond

219

Clause  33,  page  31,  line  27,  leave out paragraph (b).

Stephen Hammond

220

Clause  33,  page  31,  line  29,  after ‘England’, insert ‘and Wales’.

Stephen Hammond

221

Clause  33,  page  31,  line  31,  leave out ‘for England’.

Norman Baker

Mr John Leech

185

Clause  33,  page  31,  line  31,  leave out from second ‘the’ to ‘applied’ in line 33, and

insert ‘authority proposing the continuation of the scheme’.

Notices of Amendments: 18th April 2008

56

Local Transport Bill-[ [], continued

Graham Stringer

Ian Stewart

Mr Clive Betts

Norman Baker

Mr John Leech

124

Page  31,  line  22,  leave out Clause 33.

Graham Stringer

Ian Stewart

Mr Clive Betts

125

Clause  34,  page  32,  line  12,  leave out subsection (4) and insert—

‘(4)	In subsection (5) (approval required for variation or revocation) omit paragraph

(a)’.

Norman Baker

Mr John Leech

186

Clause  34,  page  32,  line  13,  leave out paragraph (a) and insert—

‘(a)    

‘(a)	for paragraph (a) substitute—

“(a)	requires the consideration of the scheme by the

consulting authority which published recommendations

on the scheme in accordance with section 125A, and”.’.

Norman Baker

Mr John Leech

187

Clause  35,  page  33,  line  19,  leave out paragraph (c).

Graham Stringer

Ian Stewart

Mr Clive Betts

Norman Baker

Mr John Leech

126

Page  32,  line  26,  leave out Clause 35.

Norman Baker

Mr John Leech

188

Clause  36,  page  33,  line  24,  at end insert—

‘(2A)

In subsection (1)(b) for “approval” substitute “consideration”’.

Notices of Amendments: 18th April 2008

57

Local Transport Bill-[ [], continued

Norman Baker

Mr John Leech

189

Clause  36,  page  33,  line  27,  at end insert—

‘(aa)

in paragraph (e) for “approval” substitute “consideration”’.

Stephen Hammond

222

Clause  36,  page  33,  line  28,  leave out paragraph (b).

Norman Baker

Mr John Leech

190

Clause  36,  page  33,  line  32,  at end add—

‘(4)	A statutory instrument containing regulations made under this section may not be

made unless a draft of the order has been laid before, and approved by a resolution

of, each House of Parliament.’.

Stephen Hammond

223

Clause  38,  page  34,  line  8,   after  ‘authority’,  insert  ‘,  the  Senior  Traffic

Commissioner, and the Public Transport Users’ Committee’.

Graham Stringer

Ian Stewart

80

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

Notices of Amendments: 18th April 2008

58

Local Transport Bill-[ [], continued

(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.

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

Notices of Amendments: 18th April 2008

59

Local Transport Bill-[ [], continued

(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.”’.

Stephen Hammond

224

Clause  39,  page  35,  line  22,  leave out from first ‘is’ to end.

Stephen Hammond

231

Clause  41,  page  36,  line  13,  at end insert—

‘(c)	agreements between two or more local bus operators relating to bus

services.’.

Stephen Hammond

225

Clause  43,  page  38,  line  14,  leave out subsection (5).

Notices of Amendments: 18th April 2008

60

Local Transport Bill-[ [], continued

Stephen Hammond

226

Clause  43,  page  38,  line  18,  leave out ‘that question’ and insert ‘whether to accept

the application’.

Stephen Hammond

227

Clause  43,  page  38,  line  19,  leave out ‘those representations’ and insert ‘any

relevant representations made by a relevant authority or a relevant operator’.

Stephen Hammond

228

Clause  43,  page  38,  line  25,  leave out subsection (7).

Stephen Hammond

229

Clause  43,  page  38,  line  28,  leave out ‘If subsection (7) above does not apply,’.

Stephen Hammond

230

Clause  43,  page  38,  line  29,  at end insert—

‘(za)

accept the application;’.

Graham Stringer

Ian Stewart

Mr Clive Betts

128

Clause  61,  page  55,  line  2,  after ‘under’, insert ‘section 10(1)(i) or’.

Graham Stringer

Ian Stewart

Mr Clive Betts

129

Clause  61,  page  55,  leave out line 8.

Graham Stringer

Ian Stewart

Mr Clive Betts

130

Clause  61,  page  55,  line  10,  at end insert—

‘(7)	For subsection (1)(i) (power of PTE to carry passengers by road) substitute—

“(i)	in the event that a quality contract is terminated or local services

provided under it cease in whole or in part to be provided, to

carry passengers by road within, to and from that area for the

purpose of maintaining local services provided under the quality

contract for so long as is required to procure another person to

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Revised 21 April 2008