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 3 — Bus services
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(3)
In subsection (4) (meaning of “relevant local authorities” for purposes of
consultation) for paragraph (b) substitute—
“(b)
district councils in England,”.
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Making a scheme: different dates for different facilities or standards etc
(1)
Section 116 of the TA 2000 (making of scheme) is amended as follows.
5
(2)
In subsection (2) (contents of scheme) after “The scheme must specify” insert
“each of the following”.
(3)
After paragraph (b) of that subsection (standards of service) insert—
“(bb)
any registration restrictions imposed by it and any registration
criteria specified in it,”.
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(4)
After paragraph (d) of that subsection (duration of scheme) insert—
“(e)
if any facilities or standards of services are to be provided under
the scheme as from a date after the scheme comes into
operation, the date as from which they are to be so provided.”.
(5)
For subsections (4) and (5) (earliest date on which scheme may come into
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operation) substitute—
“(4)
The date as from which any particular facilities, or any services of a
particular standard, are to be provided must not be earlier than—
(a)
in the case of facilities, the latest of dates A to C (see subsections
(4B) to (4D)),
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(b)
in the case of services, the later of dates A and D (see subsections
(4B) and (4E)),

unless the case falls within subsection (4A).
(4A)
If under the scheme—
(a)
particular facilities are to be provided by the authority or
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authorities, and
(b)
as from the date by which the facilities are to be provided,
services of a particular standard are to be provided by operators
of local services when using the facilities,

the date as from which the facilities and the services are to be provided
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must not be earlier than the latest of dates A to D.
(4B)
Date A is the date 3 months after the date on which the scheme is made.
(4C)
Date B is the date by which, in the opinion of the authority or
authorities, it will be reasonably practicable for the authority or
authorities to provide the facilities.
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(4D)
Date C is the date 3 months after—
(a)
the date on which any traffic regulation order required for the
provision of any of the facilities is made, or
(b)
if more than one such order is required for their provision, the
date on which the last of them is made.
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(4E)
Date D is the date by which, in the opinion of the authority or
authorities, it will be reasonably practicable for operators of local
services to provide services of the particular standard.”.
(6)
In section 162(4) of that Act (interpretation of references to authorities) for the

Local Transport Bill [HL]
Part 3 — Bus services
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entry relating to section 116 substitute—
“section 116(2)(a), (4)(a), (4A)(a) and, in the second place, (4C),”.
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Postponement of provision of particular facilities or standards of service
(1)
In section 117 of the TA 2000 (postponement, for up to 12 months, of date on
which scheme comes into operation) for subsection (1) substitute—
5
“(1)
If it appears to the authority or authorities appropriate to do so, they
may decide that any of the dates specified in subsection (1A) shall be
postponed by such period as they think fit.

A date may not be postponed under this subsection by a period or
periods which in total exceed 12 months.
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(1A)
The dates are—
(a)
the date on which the scheme is to come into operation,
(b)
the date as from which any particular facilities are to be
provided under the scheme,
(c)
the date as from which any particular services are to be
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provided to a particular standard under the scheme.”.
(2)
In consequence of the amendment made by subsection (1), the heading to the
section becomes “Postponement of scheme or of provision of particular
facilities or standards of service”.
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Effect of scheme: different dates for different facilities or standards etc
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(1)
Section 118 of the TA 2000 (effect of scheme) is amended as follows.
(2)
For subsection (1) (facilities to be provided from date on which scheme comes
into operation) substitute—
“(1)
The authority or authorities must—
(a)
provide each of the specified facilities not later than the date
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specified for its provision under the scheme, and
(b)
continue to provide it throughout the remainder of the period
for which the scheme is in operation.”.
(3)
In subsection (4)(a) (operator of local services to give written undertaking to
traffic commissioner) for the words from “that he will” to “when using the
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facilities” substitute “that, when using the facilities on any date, he will provide
the service to the standard specified in the scheme as it has effect in relation to
that date”.
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Regulations about schemes which specify frequencies, timings or fares
(1)
Section 122 of the TA 2000 (regulations about schemes) is amended as follows.
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(2)
In subsection (1) after paragraph (a) insert—
“(aa)
the content or operation of schemes which include a
requirement falling within section 114(6)(b) or (6A),”.

Local Transport Bill [HL]
Part 3 — Bus services
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(3)
After subsection (2) insert—
“(3)
As regards schemes which include any requirement mentioned in
section 114(6)(b) or (6A), regulations under subsection (1)(a) or (aa)
may in particular make provision—
(a)
for section 114(6B) not to apply in such circumstances as may be
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prescribed,
(b)
requiring such schemes to include provision falling within
subsection (4),
(c)
for any requirement as to frequencies, timings or maximum
fares to be revised only if there are no admissible objections to
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the revision from relevant operators,
(d)
in prescribed circumstances where such schemes, or any
provisions of such schemes, are subject to postponement under
section 117, for any such requirement not to take effect unless
prescribed conditions are satisfied,
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(e)
as to the meaning of “admissible objection” for the purposes of
section 114(6B) and paragraph (c) of this subsection,
(f)
as to the meaning of “relevant operator” for those purposes,
(g)
as to the determination of any question whether an objection is
an admissible objection or an operator is a relevant operator.
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(4)
The provision referred to in subsection (3)(b) is provision—
(a)
as respects the setting of frequencies, timings or maximum fares
to which the requirements relate,
(b)
for a minimum interval before any requirements as to
frequencies, timings or maximum fares may next be reviewed,
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(c)
for a maximum interval before any such requirements must
next be reviewed,
(d)
as respects other circumstances in which any such requirements
must or may be reviewed,
(e)
as respects revision of any such requirements after a review.
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(5)
Subsections (3)(b) and (4) have effect subject to, and in accordance with,
the following provisions—
(a)
the revision of requirements as to frequencies, timings or
maximum fares under any provision made in accordance with
those subsections is not to be regarded as a variation of the
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scheme for the purposes of section 120 (variation or revocation
of scheme), but
(b)
nothing in those subsections or in paragraph (a) of this
subsection shall be taken to derogate from what may be done
under or by virtue of that section.
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(6)
The provision that may be made by virtue of subsection (3)(g) includes
provision for and in connection with—
(a)
the appointment of a person (“an adjudicator”) to make such a
determination as is mentioned in that paragraph;
(b)
the appointment of a person (“an assessor”) to assist an
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adjudicator in considering any question which appears to arise
in relation to such a determination;
(c)
the payment—
(i)
by the Secretary of State to an adjudicator, or

Local Transport Bill [HL]
Part 3 — Bus services
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(ii)
by the Secretary of State or an adjudicator to an assessor,

of such remuneration as may be determined by or in accordance
with the regulations.”.
Quality contracts schemes
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Quality contracts schemes
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(1)
Section 124 of the TA 2000 (bus services: quality contracts schemes) is amended
as follows.
(2)
In subsection (1) (power of local transport authorities etc to make quality
contracts schemes if satisfied it is the only way to implement policies in their
bus strategies and it is economic etc) for paragraphs (a) and (b) substitute—
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“(a)
the proposed scheme will result in an increase in the use of bus
services (see subsection (9B)) in the area to which the proposed
scheme relates,
(b)
the proposed scheme will bring benefits to persons using local
services in the area to which the proposed scheme relates, by
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improving the quality of those services,
(c)
the proposed scheme will contribute to the implementation of
the local transport policies of the authority or authorities,
(d)
the proposed scheme will contribute to the implementation of
those policies in a way which is economic, efficient and
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effective, and
(e)
any adverse effects of the proposed scheme on operators will be
proportionate to the improvement in the well-being of persons
living or working in the area to which the proposed scheme
relates and, in particular, to the achievement of the objectives
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mentioned in paragraphs (a) to (d).”.
(3)
In subsection (2)(b) (need for approval of appropriate national authority) for
“appropriate national authority” substitute “appropriate approval authority
(see section 126(1A))”.
(4)
After subsection (9) insert—
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“(9A)
The power to make a scheme jointly may be exercised only if—
(a)
all the authorities are local transport authorities for areas in
England, or
(b)
all the authorities are local transport authorities for areas in
Wales.”.
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(5)
After subsection (9A) insert—
“(9B)
The reference in subsection (1)(a) to increasing the use of bus services
includes a reference to reducing, arresting or reversing decline in the
use of bus services.”.
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Notice and consultation requirements
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(1)
Section 125 of the TA 2000 (notice and consultation requirements) is amended
as follows.
(2)
In subsection (1) for the words from “they must give notice” to the end (which

Local Transport Bill [HL]
Part 3 — Bus services
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require the authority to give notice of the proposed scheme in a local
newspaper) substitute “they must—
(a)
publish, in such manner as they think fit, a consultation
document complying with subsection (1A),
(b)
supply a copy of that document to each of the persons
5
mentioned in subsection (3), and
(c)
give notice in accordance with subsection (2) of the proposed
scheme in at least one newspaper circulating in the area to
which it relates.”.
(3)
After subsection (1) insert—
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“(1A)
The consultation document mentioned in subsection (1)(a) must
include—
(a)
a description of the proposed scheme;
(b)
a statement of the reasons why the authority or authorities are
satisfied that the conditions in subsection (1) or, as the case may
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be, (1A) of section 124 are met;
(c)
a description of any arrangements which the authority or
authorities intend to make (including arrangements with other
authorities or other persons) for or in connection with the
implementation of the scheme;
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(d)
a statement of how any costs which the authority or authorities
expect to incur under the scheme are to be defrayed;
(e)
a declaration by the chief finance officer or officers of the
authority or authorities that, after taking into account—
(i)
any estimated income from fares, and
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(ii)
any grants from Ministers of the Crown or government
departments,

any remaining funding required to implement the scheme can
be provided from other resources available to the authority or
authorities.
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(1B)
The description of the proposed scheme contained in the consultation
document in accordance with subsection (1A)(a) must include—
(a)
an outline of the local services which are proposed to be
provided under it;
(b)
a statement of any proposed exclusions from the scheme by
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virtue of section 127(4).”.
(4)
In subsection (2) (contents of notice)—
(a)
at the end of paragraph (a) insert “and”;
(b)
in paragraph (b) after “a copy of the scheme” insert “and the
consultation document”;
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(c)
omit paragraph (c) and the word “and” preceding it.
(5)
After subsection (5) insert—
“(6)
In subsection (1A)(e) “chief finance officer”, in relation to a local
transport authority, means that officer of the authority who is
responsible under section 151 of the Local Government Act 1972 or
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section 73 of the Local Government Act 1985 for making arrangements
for the proper administration of the financial affairs of the authority.”.