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
53

Local Transport Bill [Lords], continued

“(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

Negatived on second reading  NC2

To move the following Clause:—

‘(1)
The Transport Act 2000 is amended as follows.

(2)
After section 109 (further provision about plans), insert—

(3)

“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.”.

(4)
In section 162(1) (interpretation) before “community bus services” insert “Bus

strategy” means “bus partnership strategy” and has the meaning given in section

109B.”.’.

Public Bill Committee Proceedings: 8th May 2008
54

Local Transport Bill [Lords], continued

Integrated smartcard ticketing

Norman Baker

Mr John Leech

Not selected  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.”’.

Regulations under the Transport Act 2000

Norman Baker

Mr Graham Leech

Not called  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

Negatived on second reading  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—

“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

Public Bill Committee Proceedings: 8th May 2008
55

Local Transport Bill [Lords], continued

(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.

(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

Withdrawn  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—

Public Bill Committee Proceedings: 8th May 2008
56

Local Transport Bill [Lords], continued

“(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.”.’.

Extension of grant-making powers

Graham Stringer

Ian Stewart

Mr Clive Betts

Withdrawn  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

Not called  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

Public Bill Committee Proceedings: 8th May 2008
57

Local Transport Bill [Lords], continued

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

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.

Public Bill Committee Proceedings: 8th May 2008
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Local Transport Bill [Lords], continued

(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

(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

Public Bill Committee Proceedings: 8th May 2008
59

Local Transport Bill [Lords], continued

shall include any earlier failure to comply with the safeguards provided

for employees under these provisions.”’.

Congestion charging (airport roads)

Norman Baker

Mr John Leech

Withdrawn  NC9

To move the following Clause:—

‘(1)
Section 163 of the Transport Act 2000 is amended as follows.

(2)
At the end of subsection (3) insert “, or

(e)
by a designated airport operator which exercises the functions of a

highway authority under section 65 of the Airports Act 1986.”.’.

Power to require bus operators to make available information for inspection

Graham Stringer

Withdrawn  NC10

To move the following Clause:—

‘(1)
The appropriate national authority may make regulations requiring bus operators

places in such manner as may be prescribed, to make information falling within

subsection (2) available for inspection by the appropriate traffic commissioner.

(2)
The information referred to in subsection (1) is such information as is available

on the actual historical real time movements of buses operated by them for such

periods of time as the regulations may stipulate.

(3)
Regulations under this section may provide that a traffic commissioner may

impose a financial penalty on any bus operator who, without reasonable excuse,

fails to comply with a requirement imposed on them by regulations under this

section.

(4)
Regulations made by virtue of subsection (3) may—

(a)
specify the maximum penalty that may be imposed by virtue of that

subsection;

(b)
require a traffic commissioner who has imposed a penalty by virtue of

that subsection to give notice in writing to such persons as may be

prescribed.

(5)
A penalty imposed by virtue of subsection (3) is—

(a)
payable to the appropriate national authority that made the regulations,

and

(b)
recoverable as a civil debt.

(6)
An operator on whom a penalty is imposed by virtue of subsection (3) may appeal

to the Transport Tribunal against the imposition of the penalty.

(7)
The power to make regulations under this section is exercisable by statutory

instrument.