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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Approval of proposed scheme
(1)
Section 126 of the TA 2000 (approval of proposed scheme) is amended as
follows.
(2)
For “appropriate national authority”, wherever occurring, substitute
“appropriate approval authority”.
5
(3)
After subsection (1) insert—
“(1A)
In this Part “appropriate approval authority”, in relation to a quality
contracts scheme, means—
(a)
where the area to which the scheme relates is in England, an
approvals board for England (see section 126A),
10
(b)
where the area to which the scheme relates is in Wales, the
Welsh Ministers.”.
(4)
In subsection (4)(a) for “paragraphs (a) and (b)” substitute “paragraphs (a) to
(e)”.
(5)
Accordingly, in section 162(1) of the TA 2000 (general definitions for the
15
purposes of Part 2) insert the following definition at the appropriate place—
“ “appropriate approval authority”, in relation to a quality
contracts scheme, has the meaning given by section 126(1A),”.
22
Approvals boards for England
After section 126 of the TA 2000 (approval of proposed scheme) insert—
20
“126A
  Approvals boards for England
(1)
For the purposes of this Part, an approvals board for England shall have
3 members.
(2)
The members shall be—
(a)
one traffic commissioner (“the Commissioner”),
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(b)
two persons drawn from a panel of persons appointed by the
Secretary of State for the purposes of this section.
(3)
The Commissioner is to chair the board.
(4)
In the case of any particular board, the senior traffic commissioner is to
designate the traffic commissioner who is to be the Commissioner.
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(5)
The traffic commissioner who is to be so designated is that one of the
traffic commissioners whom the senior traffic commissioner considers
most appropriate in all the circumstances of the particular case by
reason of the traffic commissioner’s knowledge of the area in question.

This is subject to subsections (6) and (7).
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(6)
If the senior traffic commissioner considers that the traffic
commissioner who would otherwise fall to be designated to be the
Commissioner ought not to be so designated—
(a)
because of the traffic commissioner’s illness, incapacity,
absence or impending vacation of office, or
40
(b)
because the traffic commissioner is prevented from being the
Commissioner by subsection (7),

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the senior traffic commissioner is to designate a different traffic
commissioner to be the Commissioner.
(7)
A traffic commissioner whose ability to act impartially in the case of
any particular scheme is, in the opinion of that traffic commissioner, in
any way impaired must not act as the Commissioner in relation to that
5
scheme.
(8)
If the senior traffic commissioner is unable to discharge the duty to
make a designation under subsection (4), that duty is to be discharged
by the Secretary of State instead.
(9)
The Secretary of State shall pay to each person appointed under
10
subsection (2)(b) such remuneration in respect of the person’s services
as may be determined by the Secretary of State with the consent of the
Treasury.”.
23
Practice and procedure of approvals boards for England
(1)
After section 126A of the TA 2000 insert—
15
“126B
  Practice and procedure of approvals boards for England
(1)
The Secretary of State may make rules—
(a)
governing the practice and procedure to be followed by any
approvals board for England, and
(b)
generally for the carrying into effect of the powers and duties of
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any such board.
(2)
The provision that may be made by rules under subsection (1)
includes—
(a)
provision about applications for approval to such a board;
(b)
provision for an acknowledgment of the receipt of any such
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application to be issued by such person, and within such time,
as may be prescribed in the rules;
(c)
the procedure to be followed in notifying persons consulted
under section 125(3) that an application for approval has been
received;
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(d)
provision as to the time within which any such person may
make representations to the board about the application.
(3)
Regulations may prescribe the time within which the Secretary of State
considers that any approvals board for England should normally reach
its decision on any application for approval.
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(4)
It is the duty of an approvals board for England to take all reasonable
steps to reach its decision within that time on any application for
approval.
(5)
If an approvals board for England does not reach its decision within
that time on an application for approval, the Commissioner chairing
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the board must immediately prepare a statement of—
(a)
the reasons why the board has not reached its decision on the
application within that time;
(b)
the steps being taken to reach a decision as soon as reasonably
practicable;
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(c)
the time within which it is expected that the board will reach its
decision.
(6)
As soon as reasonably practicable after the statement required by
subsection (5) has been prepared, the Commissioner must send a copy
of it to each of the following—
5
(a)
the Secretary of State;
(b)
the authority or authorities that made the application for
approval.
(7)
The Secretary of State may issue guidance concerning the carrying out
by a board of its functions under this Part in relation to quality contracts
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schemes.
(8)
A board must have regard to any such guidance.
(9)
In this section—
“application for approval” means an application under section 126
for approval of a quality contracts scheme;
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“the Commissioner” has the same meaning as in section 126A;
“regulations” means regulations made by the Secretary of State.”.
(2)
In section 160 of the TA 2000 (Part II: regulations and orders)—
(a)
in subsection (1), after “Any power to make” insert “rules,”,
(b)
in subsection (2), after “A statutory instrument containing” insert
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“rules,”.
(3)
In consequence of the amendments made by subsection (2), the heading to
section 160 of the TA 2000 becomes “Part II: rules, regulations and orders”.
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Inquiries by approvals boards for England
(1)
After section 126B of the TA 2000 insert—
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“126C
  Inquiries by approvals boards for England
(1)
This section applies where an authority or authorities apply under
section 126 for the approval of a proposed quality contracts scheme by
an approvals board for England.
(2)
The board may hold such inquiries as it thinks fit in connection with the
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exercise of its functions under section 126.
(3)
If, as respects the proposed exercise on any occasion of its powers
under section 126, the board receives a request for an inquiry from two
or more persons, it may hold a single inquiry in response to those
requests.
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(4)
Any inquiry held by the board for the purposes of section 126 must be
held in public.

This subsection is subject to any provision made by regulations.
(5)
If the board proposes to hold an inquiry for the purpose of considering
whether to approve a scheme, it shall publish notice of the inquiry in
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the prescribed manner.
(6)
If the board holds an inquiry, it may, in such circumstances as may be
prescribed, make such order as it thinks fit as to the payment—

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(a)
to the Secretary of State,
(b)
by such party to the inquiry as the board thinks fit,

of costs incurred by the board or the Secretary of State in connection
with the holding of the inquiry.

This subsection is subject to any provision made by regulations under
5
subsection (7).
(7)
Regulations may make provision, in relation to orders under
subsection (6), as to—
(a)
the method of calculating the amount of any costs incurred as
mentioned in that subsection, and
10
(b)
the maximum amount which may be ordered to be paid under
such an order.
(8)
Information with respect to any particular trade or business which is
given at any such inquiry while admission to the inquiry is restricted in
accordance with regulations shall not be disclosed, so long as that trade
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or business continues to be carried on, except—
(a)
with the consent of the person for the time being carrying it on,
(b)
for the purpose of the discharge by any person of functions
under sections 124 to 134B of this Act, or
(c)
with a view to the institution of, or otherwise for the purposes
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of, any legal proceedings pursuant to or arising out of sections
124 to 134B of this Act (including proceedings before the
Transport Tribunal).
(9)
Any person who discloses any information in contravention of
subsection (8) is guilty of an offence and liable on summary conviction
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to a fine not exceeding level 4 on the standard scale.
(10)
In this section—
“prescribed” means prescribed in regulations;
“regulations” means regulations made by the Secretary of State.”.
(2)
In Part 1 of Schedule 4 to the Anti-terrorism, Crime and Security Act 2001
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(c. 24) (extension of existing disclosure powers: enactments to which section 17
applies) for paragraph 53 (enactments in the Transport Act 2000) substitute—
“53
In the Transport Act 2000—
section 126C(8);
section 143(5)(b);
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in Schedule 10, paragraph 13(3).
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)”.
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Appeals relating to applications for approval: areas in England

After section 126C of the TA 2000 insert—
“126D
Appeals relating to applications for approval: areas in England
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(1)
This section applies where the area to which the proposed scheme
relates is in England.

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(2)
Any person falling within subsection (3) may appeal to the Transport
Tribunal against the decision of the approvals board for England on the
application for approval of the scheme under section 126.
(3)
The persons are—
(a)
the authority, or any of the authorities, who propose to make
5
the scheme,
(b)
any person who was consulted by the authority or authorities in
accordance with section 125(3).
(4)
The authority or authorities must not issue invitations to tender in
accordance with section 130(1) until the time for making an appeal
10
under this section has expired without an appeal having been lodged.
(5)
If an appeal under this section is lodged, the authority or authorities
must not issue invitations to tender in accordance with section 130(1)
before the date on which the appeal is finally disposed of.
(6)
For the purposes of subsection (5) an appeal is “finally disposed of” on
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the latest of the following dates—
(a)
the date on which the appeal is finally determined,
(b)
the date on which the time for any further appeal expires
without any such appeal having been made,
(c)
the date on which the appeal is abandoned or withdrawn,
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and in the paragraphs of this subsection “appeal” includes a reference
to any further appeal or appeals.
126E
Powers of the Transport Tribunal on an appeal under section 126D
(1)
On an appeal under section 126D the Transport Tribunal shall have
power—
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(a)
to make such order as they think fit, or
(b)
to remit any matter (with or without directions) to the authority
or authorities, or to the approvals board for England, for their
consideration or determination or for such other purposes as
the Tribunal may direct.
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(2)
The powers of the Tribunal on an appeal under section 126D include
power to do any one or more of the following—
(a)
dismiss the appeal in whole or in part,
(b)
quash the whole or any part of the decision of the approvals
board for England,
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(c)
approve the scheme with such modifications (or further
modifications) as the Tribunal may specify,
(d)
remit the matter to the authority or authorities with one or more
directions under subsection (3),
(e)
remit the matter to the approvals board for England with one or
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more directions under subsection (4).
(3)
A direction under this subsection is a direction for the authority or
authorities to do each of the following—
(a)
consider or reconsider such matters as may be specified in the
direction,
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(b)
consult or further consult as respects those matters in
accordance with section 125,

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(c)
make such modifications of the scheme as may in consequence
appear appropriate to the authority or authorities.
(4)
A direction under this subsection is a direction for the approvals board
for England to propose such modifications or further modifications of
the scheme as the Tribunal may specify in the direction (so that
5
subsections (5) and (6) of section 126 apply).
(5)
Where, on an appeal under section 126D, the Tribunal exercises any
powers falling within paragraph (d) or (e) of subsection (2) above, the
only matters that may be raised on a further appeal under that section
relating to the approval of the scheme are matters consequential on, or
10
connected with, the exercise of those powers by the Tribunal.”.
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Making of scheme
(1)
Section 127 of the TA 2000 (making of scheme) is amended as follows.
(2)
In subsection (1) (making of scheme to be not later than 6 months after
approval by appropriate national authority) for “appropriate national
15
authority” substitute “appropriate approval authority”.
(3)
At the end of subsection (1) insert the following sentence—

“In a case where the area to which the scheme relates is in England, this
subsection is subject to subsection (1A).”.
(4)
After subsection (1) insert—
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“(1A)
Where—
(a)
the area to which the scheme relates is in England, and
(b)
there is an appeal under section 126D against the decision of the
approvals board for England,

the authority or authorities who proposed the scheme may make it, in
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accordance with the final outcome of the appeal, at any time not later
than 6 months after the date on which the appeal is finally disposed of.
(1B)
For the purposes of subsection (1A) an appeal is “finally disposed of”
on the latest of the following dates—
(a)
the date on which the appeal is finally determined,
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(b)
the date on which the time for any further appeal expires
without any such appeal having been made,
(c)
the date on which the appeal is abandoned or withdrawn,

and in the paragraphs of this subsection “appeal” includes a reference
to any further appeal or appeals.”.
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(5)
In subsection (2) (what the scheme must specify) for paragraph (b) (date on
which scheme comes into operation etc) substitute—
“(b)
the date on which it is to come into operation or, if the scheme
provides for different provisions to come into operation on
different dates, or on different dates for different purposes,
40
those dates in the case of each provision, and”.
(6)
In subsection (2), in paragraph (c) (maximum period for which scheme to
remain in operation) after “ten years” insert “from the earliest date on which
the scheme or any of its provisions comes into operation.”.

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(7)
After subsection (2) insert—
“(2A)
No date that is to be specified under subsection (2)(b) may be earlier
than 6 months after the scheme is made.”.
(8)
After subsection (3) insert—
“(3A)
The scheme must specify the date or dates on which the authority or
5
authorities propose to issue invitations to tender for the provision of
any services to which the scheme relates (see section 130).”.
(9)
In subsection (9) (contents of notice under subsection (8)) for paragraph (c)
(date on which scheme comes into operation) substitute—
“(c)
the date or dates on which the scheme, or the different
10
provisions of the scheme, are to come into operation.”.
(10)
For subsection (10) (power by order to vary the period mentioned in subsection
(2)(b)) substitute—
“(10)
The appropriate national authority may by order vary any of the
periods mentioned in subsection (1), (1A) or (2A).”.
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Postponement of scheme in part

In section 128 of the TA 2000 (postponement of scheme) in subsection (1)—
(a)
after “the scheme”, in the second place where those words occur, insert
“, or any particular provision of the scheme,”;
(b)
after “would otherwise come into operation” insert “, or come into
20
operation for any particular purpose or purposes,”.
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Effect of scheme: different operational dates and excepted services
(1)
Section 129 of the TA 2000 (effect of scheme) is amended as follows.
(2)
In subsection (1) (consequences for period during which scheme is in
operation)—
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(a)
after “the scheme” insert “, or (in the case of a scheme which provides
for different provisions to come into operation on different dates) any
provision of the scheme,”;
(b)
in paragraph (a), for “the area to which it relates” substitute “the area to
which the scheme, or that provision, relates”.
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(3)
In subsection (2) (exception for services excluded from the scheme by virtue of
section 127(4)) after “But subsection (1) does not apply” insert “—
(a)
so as to prevent the application of sections 6 to 9 of the
Transport Act 1985 in relation to any service by virtue or in
consequence of section 6B of that Act (application for
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registration where quality contracts scheme in force),
(b)
so as to prevent the provision of any service registered under
section 6 of the Transport Act 1985 by virtue of section 6B of that
Act, or
(c)
”.
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(4)
Subsection (4) (tenders to be invited not later than 3 months after the scheme
has been made) shall cease to have effect.