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These notes refer to the Local Transport Bill [HL] as brought from the House of Lords on 31st January 2008 [Bill 67]
LOCAL TRANSPORT BILL [HL]
1. These Explanatory Notes relate to the Local Transport Bill [HL] as brought from the House of Lords on 31st January 2008. They have been prepared by the Department for Transport in order to assist the reader of the Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by Parliament.
2. The notes need to be read in conjunction with the Bill. They are not, and are not meant to be, a comprehensive description of the Bill. So where a clause or part of a clause does not seem to require any explanation or comment, none is given.
3. The provisions in the Bill are intended to address increasing road congestion and to improve the quality of local bus services. The policy context and related background were set out in the consultation document Strengthening Local Delivery: the draft Local Transport Bill, published in May 2007. The Government's response to the consultation was published in November 2007, and copies are available from the Department for Transport and at www.dft.gov.uk/localtransportbill.
4. The Bill contains provisions to amend the law relating to:
Bill 67EN 54/3
5. It also contains provision conferring a new framework power on the National Assembly for Wales that will enable the Assembly to make provision for and in connection with charging schemes for Welsh trunk roads.
1 Local bus services are services provided on public service vehicles, on which passengers may travel for distances of less than 15 miles.
6. The current legal framework within which local bus services are operated in England and Wales (outside Greater London) is set out in the Transport Act 1985 ("the TA 1985"). In brief, the effect of the provisions contained in this Act was to deregulate the bus industry outside London.
7. Part 2 of the Transport Act 2000 ("the TA 2000") includes provisions relating to "quality partnership schemes" and "quality contracts schemes". A quality partnership scheme is a scheme under which:
8. A quality contracts scheme is a scheme under which:
9. A quality contracts scheme therefore has the effect of closing down the deregulated market established under the TA 1985 in the area to which it applies, for the duration of the scheme.
10. A number of local authorities have entered into agreements with bus operators independently of the statutory provisions contained in the TA 2000. Such voluntary agreements are used as a means of improving the quality of bus services in a particular area, but without the restrictions which are imposed by the statutory schemes. The majority are bilateral agreements between one authority and one operator. Many have been in place since before the TA 2000 provisions on quality partnership schemes were brought into force, while others have been made subsequently in preference to using the statutory route described above.
11. The Bill includes measures to:
2 The traffic commissioners are appointed by the Secretary of State under section 4 of the Public Passenger Vehicles Act 1981 ("the PPVA 1981"). There is currently a traffic commissioner for each traffic area in Great Britain. Each traffic commissioner has responsibilities relating to the goods vehicle and public service vehicle sectors and the registration of local bus services.
12. At present, responsibility for setting overall strategies for transport services for a particular area in England (outside London and the six metropolitan counties) is the responsibility of the county council or unitary authority, which is also the local highways authority and local traffic authority for that area. 3 Under section 108 of the TA 2000, these local transport authorities are required to develop policies relating to local transport facilities and services, and to prepare and publish a local transport plan.
3 A local traffic authority is a traffic authority, other than the Secretary of State, which has functions under Part 10 of the Road Traffic Regulation Act 1984.
13. In the metropolitan counties outside London (West Midlands, Greater Manchester, Merseyside, South Yorkshire, West Yorkshire and Tyne & Wear) these responsibilities are split. The metropolitan counties have been designated as "passenger transport areas" and a PTA has been established in relation to each of those areas, with responsibility for planning local transport services (jointly with metropolitan district councils) and for procuring public transport services. The metropolitan district councils have responsibility for the local road network as local traffic authorities and local highways authorities.
14. Across England (outside London) the Secretary of State, acting through the Highways Agency, is the highways authority and traffic authority for the strategic road network.
15. The Bill amends provisions in Part 2 of the TA 2000 concerning local transport policies and plans. These changes will apply in all local authority areas outside London. The Bill expands the existing duty on local transport authorities to develop policies relating to transport, so that these policies must cover all aspects of transport, rather than the currently more limited requirement relating only to transport facilities and services, and must take the protection and improvement of the environment into account. The Bill also provides that in the six metropolitan counties this duty will lie solely with the Integrated Transport Authority (see below). The Bill also amends the arrangements for preparing and publishing the local transport plans which contain those policies, removes the need for local transport authorities to prepare a separate bus strategy, and amends an existing duty relating to the needs of persons who are elderly or have mobility problems so that it applies also to the needs of disabled persons.
16. The Bill also provides a means for making changes to the organisational arrangements for the discharge of statutory transport functions in local authority areas ("governance"). It changes the name "Passenger Transport Authority" ("PTA") to "Integrated Transport Authority" ("ITA"), and enables changes to be made to the constitutions and functions of the renamed ITAs. It also includes provisions relating to the establishment of new ITAs, and provision enabling changes to be made to the boundaries of existing integrated transport areas.
17. Part 3 of the TA 2000 includes provisions relating to local charging schemes in England and Wales. These provisions set out the conditions under which a local authority outside Greater London can set up a charging scheme in relation to roads for which they are the local traffic authority. The Greater London Authority Act 1999 ("the GLA Act 1999") included powers for Transport for London, the London boroughs and the Common Council to establish charging schemes in their areas. 4 The GLA Act 1999 provides the vires for the London Congestion Charge and the London Low Emission Zone. The Transport (Scotland) Act 2001 includes provisions relating to charging schemes in Scotland.
4 The Common Council is the Common Council of the City of London.
18. Provisions in the Bill allow ITAs to make a charging scheme jointly with local traffic authorities, provide that local charging authorities will no longer require the approval of the Secretary of State for their schemes, and make a number of other miscellaneous amendments to the provisions of the GLA Act 1999 and the TA 2000.
19. The Bill is organised in eight Parts and seven Schedules.
20. Part 1 contains provisions relating to traffic commissioners.
21. Part 2 amends Part 2 of the TA 2000, in particular the duties on local transport authorities to develop transport policies and prepare and publish local transport plans and bus strategies.
22. Part 3 contains provisions relating to local bus services, amending in particular Part 2 of, and Schedule 10 to, the TA 2000.
23. Part 4 contains a number of general provisions relating to passenger transport, amending various sections of the Transport Act 1968 ("TA 1968"), the PPVA 1981, the TA 1985, the TA 2000 and other enactments.
24. Part 5 makes provision relating to Integrated Transport Authorities ("ITAs").
25. Part 6 amends provisions relating to local and London charging schemes in Part 3 of, and Schedule 12 to, the TA 2000 and Schedule 23 to the GLA Act 1999.
26. Part 7 contains miscellaneous provisions relating to the powers of the National Assembly for Wales, certain aspects of the regulatory regime for goods vehicles, and the disclosure and use of information about foreign-registered vehicles.
27. Part 8 contains supplementary provisions.
28. Schedule 1 substitutes references to "local transport policies" (as defined by a new provision inserted by Part 2) in place of certain references in the TA 2000 to local transport plans or bus strategies.
29. Schedule 2 amends provisions in Schedule 10 to the TA 2000, which applies a competition test to the exercise of certain functions by local transport authorities. It also inserts a new competition test, applying to voluntary partnership agreements and certain other agreements, and makes specific provision for investigation and enforcement action to be taken by the Office of Fair Trading in relation to such agreements.
30. Schedule 3 contains provisions to put in place a new enforcement regime for certain public service vehicles operated without a valid operator's licence.
31. Schedule 4 contains amendments to various enactments, consequential on the provisions in Part 5 under which passenger transport areas and metropolitan county passenger transport authorities in England and Wales are to be known as integrated transport areas and Integrated Transport Authorities ("ITAs") respectively.
32. Schedule 5 contains minor and consequential amendments to the TA 2000, relating to provisions in Part 5 that introduce the name "ITA", and in Part 6 that allow ITAs to make local charging schemes jointly with local traffic authorities.
33. Schedule 6 amends Schedule 12 to the TA 2000, which contains financial provisions relating to charging schemes under Part 3 of that Act, and Schedule 23 to the GLA Act 1999.
34. Schedule 7 contains repeals relating to Parts 2 to 6 of the Bill.
35. Provisions in the Bill extend to England and Wales, with certain specified provisions also extending, in whole or in part, to Scotland and Northern Ireland.
36. The provisions extending to Scotland are:
37. This Bill does not contain provisions that trigger the Sewel Convention in Scotland. Because the Sewel Convention provides that Westminster will not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament, if there are amendments relating to such matters which trigger the Convention, the consent of the Scottish Parliament will be sought for them.
38. The provisions extending to Northern Ireland are:
39. The Bill confers a number of new or expanded powers on the Welsh Ministers, in line with changes being made to certain powers of the Secretary of State in relation to England. In addition, one provision, which relates to the application of revenues from local charging schemes, would replace an existing power for the Welsh Ministers to make regulations with provision on the face of the TA 2000.
40. Table 1 below lists the clauses which affect the existing powers of, or confer new powers on, the Welsh Ministers.
41. Table 2 below summarises the provisions in the Bill which have different effect in Wales, as compared to their effect in England (outside London). Table 2 does not repeat measures set out in Table 1.
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