Local Transport Bill [HL]

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Local Transport Bill [HL]

Local Transport Bill [HL]
Part 1 — The traffic commissioners
1

A
Bill
[AS AMENDED IN PUBLIC BILL COMMITTEE]
To
Make further provision in relation to local transport authorities, the provision
and regulation of road transport services and the subsidising of passenger
transport services; to amend sections 74, 75 and 79 of the Transport Act 1985;
to make provision for or in relation to committees which represent the
interests of users of public transport; to rename Passenger Transport
Authorities as Integrated Transport Authorities and to make further provision
in relation to them; to make further provision in relation to charging for the
use of roads; to amend Part 6 of the Traffic Management Act 2004; to make
provision in relation to the acquisition, disclosure and use of information
relating to vehicles registered outside the United Kingdom; and for connected
purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
The traffic commissioners
1
Traffic areas
(1)
Section 3 of the PPVA 1981 (traffic areas) is amended as follows.
(2)
After subsection (2) (orders varying traffic areas) insert—
5
“(2A)
The power to make an order under subsection (2) above includes power
to make—
(a)
such incidental, consequential, supplemental or transitional
provision, and
(b)
such savings,
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Bill 106 54/3

Local Transport Bill [HL]
Part 1 — The traffic commissioners
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as the Secretary of State may consider necessary or expedient for the
purpose of, or in consequence of, or for giving full effect to, any order
under that subsection for varying the number or limits of traffic areas
in England and Wales.
(2B)
The power conferred by subsection (2A) above includes power to
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amend or modify any enactment (whenever passed or made) for the
purpose of making any such provision or savings.
(2C)
The powers conferred by subsections (2A) and (2B) above are without
prejudice to what may be done under subsection (3) below.”.
2
Traffic commissioners
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(1)
Section 4 of the PPVA 1981 (traffic commissioners) is amended as follows.
(2)
For subsections (1) and (2) (commissioner to be appointed for each traffic area
etc) substitute—
“(1)
For the purposes of this Act there shall be—
(a)
such number of commissioners for England and Wales as the
15
Secretary of State may consider appropriate; and
(b)
a single commissioner for the Scottish Traffic Area (the “Scottish
traffic commissioner”).
(2)
The commissioners shall be appointed by the Secretary of State and
shall be known as traffic commissioners.”.
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(3)
In subsection (3) (function of issuing licences) for “The traffic commissioner for
each traffic area” substitute “A traffic commissioner”.
(4)
After subsection (3) insert—
“(3A)
A traffic commissioner for England and Wales—
(a)
may exercise the functions of a traffic commissioner in any
25
traffic area in England and Wales; and
(b)
may exercise in relation to the Scottish Traffic Area any
functions of a traffic commissioner that relate to reserved
matters within the meaning of the Scotland Act 1998.
(3B)
The Scottish traffic commissioner—
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(a)
is to exercise the functions of a traffic commissioner in relation
to the Scottish Traffic Area; and
(b)
may exercise in relation to any traffic area in England and Wales
any functions of a traffic commissioner that relate to reserved
matters within the meaning of the Scotland Act 1998.”.
35
(5)
In subsection (4) (terms of office) in the opening words, for “the traffic
commissioner for a traffic area” substitute “a traffic commissioner”.
(6)
In subsection (5) (declaration of certain financial interests before appointment)
for “the traffic commissioner for a traffic area” substitute “a traffic
commissioner”.
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(7)
In section 82(1) of the PPVA 1981 (general definitions) insert at the appropriate

Local Transport Bill [HL]
Part 1 — The traffic commissioners
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place—
“ “the Scottish traffic commissioner” is to be read in accordance
with section 4(1)(b) (the traffic commissioner for the Scottish
Traffic Area);”.
3
The senior traffic commissioner
5
(1)
After section 4 of the PPVA 1981 (traffic commissioners) insert—
“4A
Appointment of senior traffic commissioner
(1)
One of the traffic commissioners shall be appointed by the Secretary of
State to be the senior traffic commissioner.
(2)
The senior traffic commissioner shall have such functions as may be
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conferred or imposed by or under any of the following enactments—
(a)
section 4B below (deployment of traffic commissioners),
(b)
section 4C below (guidance and general directions),

or any other provision of this Act or any other enactment.
(3)
The senior traffic commissioner—
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(a)
shall hold office for such period as the Secretary of State
specifies when making the appointment; but
(b)
ceases to hold that office on ceasing to hold office as a traffic
commissioner.
(4)
A traffic commissioner who has been the senior traffic commissioner is
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eligible for re-appointment as the senior traffic commissioner.
(5)
In the case of illness, incapacity or absence of the senior traffic
commissioner, the Secretary of State may appoint another traffic
commissioner to act as deputy for the senior traffic commissioner.
(6)
Where the office of senior traffic commissioner becomes vacant, the
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Secretary of State may appoint a person (whether or not over the age of
65) to act as senior traffic commissioner pending the appointment of a
new senior traffic commissioner.
(7)
Any person appointed under subsection (6) above shall—
(a)
hold office for such period as the Secretary of State specifies
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when making the appointment; and
(b)
during that period be treated for all purposes as the senior
traffic commissioner.
4B
Power of senior traffic commissioner to deploy other commissioners
(1)
In this section—
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(a)
subsections (2) to (4) confer powers on the senior traffic
commissioner in relation to traffic commissioners and deputy
traffic commissioners for England and Wales; and
(b)
subsections (5) to (7) confer powers on the senior traffic
commissioner in relation to the Scottish traffic commissioner
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and any deputy traffic commissioners for the Scottish traffic
area.
(2)
The senior traffic commissioner may require any traffic commissioner
for England and Wales to carry out such of the functions of traffic

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commissioner for England and Wales as the senior traffic commissioner
may determine—
(a)
in relation to such matters relating to England and Wales, or
(b)
as respects Scotland, in relation to such reserved matters,

as the senior traffic commissioner may determine.
5
(3)
The senior traffic commissioner may require any traffic commissioner
for England and Wales to carry out such of those functions as the senior
traffic commissioner may determine at such places—
(a)
in England and Wales, or
(b)
in the case of functions which relate to reserved matters and are
10
exercisable in relation to Scotland, in Scotland,

as the senior traffic commissioner may determine.
(4)
Subsections (2) and (3) above also apply in relation to a deputy traffic
commissioner for England and Wales as they apply in relation to a
traffic commissioner for England and Wales, construing the references
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to functions accordingly.
(5)
The senior traffic commissioner may require the Scottish traffic
commissioner to carry out as respects England and Wales such of the
functions exercisable by the Scottish traffic commissioner in relation to
reserved matters by virtue of section 4(3B)(b) of this Act as the senior
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traffic commissioner may determine.
(6)
The senior traffic commissioner may require the Scottish traffic
commissioner to carry out such of those functions as the senior traffic
commissioner may determine at such places in England and Wales as
the senior traffic commissioner may determine.
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(7)
Subsections (5) and (6) above also apply in relation to a deputy traffic
commissioner for the Scottish Traffic Area as they apply in relation to
the Scottish traffic commissioner, construing the references to functions
accordingly.
(8)
In this section—
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“deputy traffic commissioner for the Scottish Traffic Area” means
any person appointed under paragraph 3 or 4 of Schedule 2 to
this Act to act as deputy in the case of the Scottish traffic
commissioner;
“reserved matters” means reserved matters within the meaning of
35
the Scotland Act 1998.
4C
Power of senior traffic commissioner to give guidance and directions
(1)
The senior traffic commissioner may give to the traffic
commissioners—
(a)
guidance, or
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(b)
general directions,

as to the exercise of their functions under any enactment.

This subsection is subject, in relation to Scotland, to subsection (5)
below.
(2)
The guidance that may be given under subsection (1)(a) above includes
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guidance as to—

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(a)
the meaning and operation of any enactment or instrument
relevant to the functions of traffic commissioners;
(b)
the circumstances in which, and the manner in which, a traffic
commissioner should exercise any power to impose any
sanction or penalty;
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(c)
matters which a traffic commissioner should or should not take
into account when exercising any particular function.
(3)
The directions that may be given under subsection (1)(b) above include
directions as to—
(a)
the circumstances in which, and the manner in which, officers
10
or servants of a traffic commissioner may exercise any function
for or on behalf of the traffic commissioner, and any conditions
which such officers or servants must meet before they may do
so;
(b)
the information which a traffic commissioner must ask to be
15
supplied in connection with the exercise of any particular
function, and the steps which must be taken to verify the
accuracy of any information so supplied;
(c)
the procedure to be adopted in conducting inquiries under
section 54 of this Act, section 35 of the Goods Vehicles
20
(Licensing of Operators) Act 1995 or any other enactment;
(d)
the manner in which a traffic commissioner must or may
publish his decisions;
(e)
circumstances in which a traffic commissioner must consult
some, or all, of the other traffic commissioners before exercising
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any particular function.
(4)
The senior traffic commissioner must consult each of the following
persons before giving any guidance or directions under subsection (1)
above—
(a)
the Secretary of State;
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(b)
the Scottish Ministers;
(c)
the Welsh Ministers;
(d)
the other traffic commissioners;
(e)
such organisations representative of the interests of local
government, of London government, of Integrated Transport
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Authorities and of Passenger Transport Executives as the senior
traffic commissioner thinks fit;
(f)
such organisations representative of passenger transport
operators, and of road haulage operators, as the senior traffic
commissioner thinks fit;
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and such other persons as the senior traffic commissioner thinks fit.
(5)
The only guidance or directions under this section which the senior
traffic commissioner may give to the Scottish traffic commissioner are
guidance or directions as to the exercise of functions that relate to
reserved matters within the meaning of the Scotland Act 1998.
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4D
Guidance to senior traffic commissioner by Secretary of State
(1)
The Secretary of State may give the senior traffic commissioner
guidance as to the exercise of any of the senior traffic commissioner’s
functions.

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(2)
The senior traffic commissioner must have regard to any guidance
given under subsection (1) above.”.
(2)
In each of the following provisions (which provide for traffic commissioners to
act under general directions of the Secretary of State)—
(a)
section 4(4)(a) of the PPVA 1981,
5
(b)
section 1(2) of the Goods Vehicles (Licensing of Operators) Act 1995
(c. 23),

for “the general directions of the Secretary of State” substitute “the general
directions of, and shall have regard to any guidance given by, the senior traffic
commissioner”.
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(3)
In Schedule 2 to the PPVA 1981 (traffic commissioners) in paragraph 8, at the
beginning insert “(1)” and at the end insert—
    “(2)
There shall be paid to the senior traffic commissioner such additional
remuneration in respect of the responsibilities of that office as may
be so determined.”.
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(4)
The person who, on the date on which section 4A(1) of the PPVA 1981 comes
into force, is the person designated by the Secretary of State as senior traffic
commissioner—
(a)
is to become, on that date, the first holder of the office of senior traffic
commissioner, and
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(b)
is to remain in that office until the expiry of the term for which that
person was so designated (but subject to section 4A(3)(b) of, and
Schedule 2 to, the PPVA 1981).
4
Amendments of Schedule 2 to the PPVA 1981
(1)
Schedule 2 to the PPVA 1981 (traffic commissioners) is amended as follows.
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(2)
In paragraph 1 (removal of traffic commissioner for inability or misbehaviour)
for “for inability or misbehaviour” substitute “on the grounds that the traffic
commissioner—
(a)
has misbehaved; or
(b)
is unable, unfit or unwilling to perform the functions of traffic
30
commissioner to a standard which the Secretary of State
considers satisfactory”.
(3)
The amendment made by subsection (2) has effect in relation to traffic
commissioners appointed before, as well as traffic commissioners appointed
on or after, the day on which that amendment comes into force.
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(4)
After paragraph 2 insert—
“Deputy traffic commissioners for England and Wales
2A    (1)
The Secretary of State may appoint such number of persons to be
deputy traffic commissioners for England and Wales as the Secretary
of State thinks fit.
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      (2)
A deputy traffic commissioner for England and Wales—
(a)
may exercise any functions of a traffic commissioner in any
traffic area in England and Wales; and

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Part 1 — The traffic commissioners
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(b)
may exercise in relation to the Scottish Traffic Area any
functions of a traffic commissioner that relate to reserved
matters.
      (3)
Appointment as a deputy traffic commissioner for England and
Wales shall be upon such terms and conditions, including conditions
5
as to the time to be devoted to the duties of the office, as the Secretary
of State may determine.
      (4)
A deputy traffic commissioner for England and Wales shall carry out
such of the functions of that office as the senior traffic commissioner
may determine under section 4B of this Act—
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(a)
in relation to such matters relating to England and Wales, or
(b)
as respects Scotland, in relation to such reserved matters,

as the senior traffic commissioner may so determine.
      (5)
A deputy traffic commissioner for England and Wales shall carry out
such of those functions as the senior traffic commissioner may
15
determine under section 4B of this Act at such places—
(a)
in England and Wales, or
(b)
in the case of functions which relate to reserved matters and
are exercisable in relation to Scotland, in Scotland,

as the senior traffic commissioner may so determine.
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      (6)
In this paragraph “reserved matters” means reserved matters within
the meaning of the Scotland Act 1998.”.
(5)
In consequence of the amendments made by this section, at the end of the italic
heading preceding paragraph 3 there is inserted “in Scotland”.
(6)
After that heading, insert—
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“2B
Paragraphs 3 to 5 below have effect in relation to the Scottish Traffic
Area only.”.
(7)
After paragraph 5 insert—
“Appointment of acting traffic commissioner during vacancy
5A    (1)
Where the office of any traffic commissioner for England and Wales
30
becomes vacant, the Secretary of State may appoint a person
(whether or not over the age of 65) to act as a traffic commissioner for
England and Wales pending the appointment of a new traffic
commissioner under section 4 of this Act.
      (2)
Any person appointed under sub-paragraph (1) above shall—
35
(a)
hold office for such period as the Secretary of State specifies
when making the appointment; and
(b)
during that period be treated for all purposes (except those of
paragraph 9 below) as a traffic commissioner for England
and Wales.”.
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(8)
In consequence of the amendment made by subsection (7), in paragraph 6(1)
(appointment of acting traffic commissioner during vacancy) after “for any
traffic area” insert “in Scotland”.