House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Public Bill Committee Proceedings: 8th May 2008
46

Local Transport Bill [Lords], continued

Graham Stringer

Not moved  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.’.

Clause Agreed to.

Clauses 85 and 86 Agreed to.

Norman Baker

Mr John Leech

Withdrawn  237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.

Public Bill Committee Proceedings: 8th May 2008
47

Local Transport Bill [Lords], continued

(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.

(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).’.

Clause Agreed to.

Clause 85 Agreed to.

Stephen Hammond

Not selected  302

Clause  89,  page  74,  line  20,  leave out ‘have regard to’ and insert ‘be cognisant of’.

Clause Agreed to.

Clauses 90 and 91 Agreed to.

Stephen Hammond

Not selected  303

Clause  92,  page  75,  line  28,  at end insert—

‘(1A)
The power under subsection (1) may only be exercised in relation to the provision

of transport services and infrastructure in the whole or any part of the integrated

transport area.’.

Public Bill Committee Proceedings: 8th May 2008
48

Local Transport Bill [Lords], continued

Stephen Hammond

Not selected  304

Clause  92,  page  75,  line  36,  leave out paragraph (b).

Stephen Hammond

Not selected  305

Clause  92,  page  75,  line  40,  leave out paragraph (f).

Stephen Hammond

Not selected  306

Clause  92,  page  76,  line  1,  leave out subsection (4).

Clause Agreed to.

Clauses 93 to 95 Agreed to.

Clause 96 Agreed to on division.

Graham Stringer

Negatived on division  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

Withdrawn  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

Not called  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.’.

Stephen Hammond

Withdrawn  293

Clause  97,  page  79,  line  23,  at end insert—

‘(5)
A local charging scheme which has effect wholly within an integrated transport

area may only be made if the proceeds of such a scheme, if any, are to be

reinvested in the achievement of local transport policies of—

(a)
the charging authority, and

(b)
the Integrated Transport Authority for the integrated transport area.’.

Public Bill Committee Proceedings: 8th May 2008
49

Local Transport Bill [Lords], continued

Clause Agreed to.

Stephen Hammond

Not called  294

Clause  98,  page  79,  line  40,  at end insert—

‘(5)
A joint local charging scheme which has effect wholly within an integrated

transport area may only be made if the proceeds of such a scheme, if any, are to

be reinvested in the achievement of local transport policies of—

(a)
the charging authorities, and

(b)
the Integrated Transport Authority for the integrated transport area.’.

Clause Agreed to.

Clause 99 Agreed to.

Stephen Hammond

Not called  295

Clause  100,  page  80,  line  34,  at end insert—

‘(5)
A joint local-London charging scheme which has effect partly within an

integrated transport area may only be made if the proceeds of such a scheme, if

any, are to be reinvested in the achievement of—

(a)
local transport policies of the non-metropolitan local traffic authority, or

the non-metropolitan local traffic authorities, by which the scheme is

made,

(b)
local transport policies of the Integrated Transport Authority for the

integrated transport area, and

(c)
policies and proposals set out in the transport strategy prepared and

published by the Mayor of London under section 142 of the Greater

London Authority Act 1999.’.

Clause Agreed to.

Stephen Hammond

Not called  296

Clause  101,  page  81,  line  20,  at end insert—

‘(4)
A joint ITA-London charging scheme may only be made if the proceeds of such

a scheme, if any, are to be reinvested in the achievement of—

(a)
local transport policies of the eligible local traffic authority, or the

eligible local traffic authorities, by which the scheme is made,

(b)
local transport policies of the Integrated Transport Authority by which

the scheme is made, and

Public Bill Committee Proceedings: 8th May 2008
50

Local Transport Bill [Lords], continued

(c)
policies and proposals set out in the transport strategy prepared and

published by the Mayor of London under section 142 of the Greater

London Authority Act 1999.’.

Clause Agreed to.

Clause 102 Agreed to.

Schedule 5 Agreed to.

Clause 103 Agreed to.

Graham Stringer

Not moved  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”.

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

Stephen Hammond

Not selected  297

Page  81,  line  36,  leave out Clause 104.

Clause Agreed to on division.

Clause 105 Agreed to.

Stephen Hammond

Not selected  307

Clause  106,  page  82,  line  25,  leave out from ‘may’ to end of line 36, and insert

‘publish guidance in connection with the payment and collection of charges imposed by

such schemes’.

Stephen Hammond

Not selected  308

Clause  106,  page  83,  line  9,  leave out from beginning to end of line 36 and insert—

‘10A (1)
Guidance may be published in connection with the payment and collection of

charges imposed by such schemes’.

Clause Agreed to.

Mr Greg Knight

Withdrawn  265

Clause  107,  page  84,  line  4,  at end insert—

Public Bill Committee Proceedings: 8th May 2008
51

Local Transport Bill [Lords], continued

‘(d)
any specified motor vehicle.’.

Clause Agreed to.

Clauses 108 and 109 Agreed to.

Stephen Hammond

Not selected  309

Clause  110,  page  86,  line  13,  at end insert—

‘(4)
The local traffic authority or Integrated Transport Authority may charge a

reasonable fee in respect of the cost of supplying information under subsection

(1).’.

Stephen Hammond

Not selected  310

Clause  110,  page  86,  line  29,  at end insert—

‘(4)
The authority may charge a reasonable fee in respect of the cost of supplying

information under subsection (1).’.

Clause Agreed to.

Clauses 111 to 114 Agreed to.

Schedule 6 Agreed to.

Stephen Hammond

Not selected  298

Page  89,  line  18,  leave out Clause 115.

Clause Agreed to on division.

Clauses 116 to 121 Agreed to.

Schedule 7 Agreed to.

Clauses 122 and 123 Agreed to.

Ms Rosie Winterton

Agreed to  3

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

Ms Rosie Winterton

Agreed to  291

Clause  124,  page  94,  line  31,  leave out ‘and 116’ and insert ‘, 116 and (Civil

enforcement of traffic contraventions: meaning of “local authority”)’.

Public Bill Committee Proceedings: 8th May 2008
52

Local Transport Bill [Lords], continued

Clause, as amended, Agreed to.

Ms Rosie Winterton

Agreed to  4

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

Clause, as amended, Agreed to.

New Clauses

Civil enforcement of traffic contraventions: meaning of “local authority”

Ms Rosie Winterton

Added  NC13

To move the following Clause:—

‘(1)
Part 6 of the Traffic Management Act 2004 (c. 18) (civil enforcement of traffic

contraventions) is amended as follows.

(2)
In section 76 (civil enforcement officers) at the end insert—

“(6)
In this section “local authority” includes a non-metropolitan district

council.”.

(3)
In section 85 (prohibition of double parking) at the end insert—

“(9)
In this section “local authority” includes a non-metropolitan district

council.”.

(4)
In section 86 (prohibition of parking at dropped footways etc) at the end insert—

“(10)
In this section “local authority” includes a non-metropolitan district

council.”.

(5)
In section 87 (guidance to local authorities) at the end insert—

“(3)
In this section “local authority” includes a non-metropolitan district

council.”.’.

Vetting for persons driving vehicles used under permits

Graham Stringer

Not moved  NC1

To move the following Clause:—

‘(1)
The TA 1985 is amended as follows.

(2)
After section (19)(6) insert—