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Local Transport Bill [HL]


Local Transport Bill [HL]
Part 3 — Bus services

27

 

29      

Extension of maximum period of quality contracts

(1)   

Section 130 of the TA 2000 (tendering for quality contracts) is amended as

follows.

(2)   

In subsection (1) (authority to tender for provision of services) after “services

to which the scheme” insert “, or each provision of the scheme,”.

5

(3)   

In subsection (2) (period of contract not to exceed five years) for “five”

substitute “10”.

30      

Continuation of scheme for further period

   

After section 131 of the TA 2000 insert—

“131A   

 Continuation of scheme for further period

10

(1)   

If it appears to them appropriate to do so, the authority or authorities

who made the scheme (other than any to whose area the scheme no

longer relates) may decide that the scheme should continue in

operation for a further period, with or without modification.

(2)   

Before making such a decision, they must—

15

(a)   

publish, in such manner as they think fit, a consultation

document complying with subsection (3),

(b)   

supply a copy of that document to each of the persons

mentioned in section 125(3), and

(c)   

give notice in accordance with section 125(2) of the proposal to

20

continue the scheme in at least one newspaper circulating in the

area to which the scheme relates.

(3)   

The consultation document mentioned in subsection (2)(a) must

include—

(a)   

a description of the scheme, together with any proposed

25

modifications to it;

(b)   

a statement of the opinion of the authority or authorities as to

the effectiveness of the scheme in achieving the objectives set

out in paragraphs (a) to (e) of section 124(1) or, as the case may

be, paragraphs (b) and (d) of section 124(1A) up to the date of

30

the report;

(c)   

a statement of the reasons why they are satisfied that the

scheme as proposed to be continued (with any proposed

modifications) will meet the conditions in subsection (1) or, as

the case may be, (1A) of section 124;

35

(d)   

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

continuation of the scheme;

(e)   

a statement of the period for which it is proposed that the

40

scheme should continue in operation, which must not be more

than a further 10 years;

(f)   

if the authority or authorities consider that the proposal for the

scheme to continue is an exempt proposal for the purposes of

section 131B, a statement of that fact;

45

(g)   

a statement of how any costs which the authority or authorities

expect to incur under the scheme are to be defrayed;

 
 

Local Transport Bill [HL]
Part 3 — Bus services

28

 

(h)   

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

(ii)   

any grants from Ministers of the Crown or government

departments,

5

   

any remaining funding required to continue the scheme in

operation can be provided from other resources available to the

authority or authorities.

(4)   

Subsections (2) to (6) of section 125 apply in relation to a proposal to

continue a scheme as they apply in relation to a proposal to make one,

10

with the following modifications—

(a)   

the reference in subsection (5) to the proposed scheme is to be

read as a reference to the scheme as proposed to be continued,

and

(b)   

the reference in subsection (6) to subsection (1A)(e) of section

15

125 is to be read as a reference to subsection (3)(g) of this section.

(5)   

The consultation document mentioned in subsection (2)(a) must be

published and supplied in accordance with subsection (2) not less than

12 months before the later of the following dates—

(a)   

the end of the period specified in the scheme in accordance with

20

section 127(2)(c),

(b)   

if the scheme has been continuing in operation by virtue of the

previous application of this section, the end of the period for

which it is so continuing in operation.

(6)   

If the authority or authorities publish and supply a consultation

25

document in accordance with subsection (5), the scheme remains in

operation (without any modifications proposed by them under

subsection (1)) until there is a final determination as to whether the

scheme should be continued.

(7)   

For the purposes of subsection (6), there is a final determination as to

30

whether a scheme should be continued—

(a)   

in any case where the authority or authorities decide not to

continue the scheme, when they so decide;

(b)   

in any case where the authority or authorities decide to

continue the scheme (but subject to paragraph (c)), when the

35

appropriate approval authority decides whether to approve the

continuation of the scheme under section 126, as applied by

section 131B;

(c)   

in any case where an appeal is lodged against the decision of the

appropriate approval authority on an application for approval,

40

when the appeal is finally disposed of.

(8)   

For the purposes of subsection (7) an appeal is “finally disposed of” on

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

45

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.”.

 
 

Local Transport Bill [HL]
Part 3 — Bus services

29

 

31      

Approval of continuation of scheme

   

After section 131A of the TA 2000 insert—

“131B   

 Approval of continuation of scheme

(1)   

Section 126 (approval of scheme by appropriate approval authority)—

(a)   

does not apply in relation to a proposal to continue a scheme if

5

the proposal is an exempt proposal (see subsection (5)), but

(b)   

in any other case applies in relation to a proposal to continue a

scheme as it applies in relation to a proposal to make one, but

with the modifications set out in subsection (2).

(2)   

The modifications are—

10

(a)   

the reference in subsection (1) to section 125 is to be read as a

reference to section 131A;

(b)   

any reference to section 125(3) is to be read as a reference to that

subsection as applied by section 131A(4);

(c)   

the reference in subsection (4)(a) to the conditions set out in

15

paragraphs (a) to (e) of section 124(1) or (as the case may be)

paragraphs (a) to (d) of section 124(1A) being met is to be read

as a reference to those conditions being met by the scheme as

proposed to be continued (with any proposed modifications).

(3)   

If the authority or authorities proposing to continue a scheme proceed

20

on the basis that the proposal is an exempt proposal, they must—

(a)   

publish in such manner as they think fit, and within the time

allowed, a notice announcing their decision on the proposal,

(b)   

supply a copy of that notice to each of the persons mentioned in

section 125(3), and

25

(c)   

give notice in accordance with section 125(2) of the decision in

at least one newspaper circulating in the area to which the

scheme relates,

   

and for the purposes of paragraph (a) the time allowed is the period of

6 months following the date of publication of the consultation

30

document required by section 131A(2)(a).

(4)   

In the following provisions of this section—

“the continuation scheme” means the scheme as proposed to be

continued;

“excluded services”, in the case of any quality contracts scheme,

35

means any local services, or class of local services, which are

excluded from the scheme by virtue of section 127(4);

“the existing scheme” means—

(a)   

the scheme as last continued, or

(b)   

if the scheme has not previously been continued, the

40

scheme as originally made;

“unregulated services” means any local services provided

otherwise than under a contract with one or more local

transport authorities;

   

and any reference to the coming into force of a scheme includes a

45

reference to the coming into force of any particular provision of it.

(5)   

For the purposes of this section a proposal to continue a scheme is an

exempt proposal if—

 
 

Local Transport Bill [HL]
Part 3 — Bus services

30

 

(a)   

any one or more of Conditions 1 to 3 are met and Conditions A

and B are met, or

(b)   

the circumstances are as prescribed in regulations made by the

appropriate national authority.

(6)   

Condition 1 is that it is not proposed that the area to which the

5

continuation scheme relates is to be greater than the area to which the

existing scheme relates.

(7)   

Condition 2 is that it is proposed that the area to which the continuation

scheme relates is to be greater than the area to which the existing

scheme relates, but—

10

(a)   

the additional area proposed to be included falls wholly within

the area or combined area of the authority or authorities

proposing to continue the scheme, and

(b)   

it is not proposed that under the continuation scheme any

descriptions of local services are to be provided under quality

15

contracts in addition to the descriptions of local services so

provided under the existing scheme.

(8)   

Condition 3 is that during the period while the existing scheme has

been in force—

(a)   

there has been a change in the area of the authority, or of any of

20

the authorities, that last made or continued the scheme, or

(b)   

a different authority has become the local transport authority

for some or all of the area to which the scheme relates,

   

but it is not proposed that under the continuation scheme any

descriptions of local services are to be provided under quality contracts

25

in addition to the descriptions of local services so provided under the

existing scheme.

(9)   

Condition A is that it is not proposed under the continuation scheme

that any local services which, immediately before the coming into force

of that scheme, were unregulated services are under the continuation

30

scheme to be provided under quality contracts.

(10)   

Condition B is that it is not proposed under the continuation scheme

that any services which, immediately before the coming into force of

that scheme, were excluded services in the case of the existing scheme

are not to be excluded services in the case of the continuation scheme.”.

35

32      

Appeals relating to exempt proposals for continuation of scheme

   

After section 131B of the TA 2000 insert—

“131C   

  Appeals relating to exempt proposals for continuation of scheme

(1)   

This section applies where—

(a)   

it is proposed that a scheme be continued in operation, and

40

(b)   

the authority or authorities proposing the continuation are of

the opinion that the proposal is an exempt proposal for the

purposes of section 131B.

(2)   

Any person who was consulted by the authority or authorities by virtue

of section 131A may appeal to the Transport Tribunal against—

45

 
 

Local Transport Bill [HL]
Part 3 — Bus services

31

 

(a)   

the decision of the authority or authorities that the proposal is

an exempt proposal for the purposes of section 131B, or

(b)   

the decision of the authority or authorities that the scheme is to

continue in force (with or without any modifications).

(3)   

The powers of the Tribunal on an appeal under this section include

5

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 appealed against,

(c)   

approve the continuation of the scheme with such

modifications (or further modifications) as the Tribunal may

10

specify,

(d)   

remit the matter to the authority or authorities with one or more

directions under subsection (4).

(4)   

A direction under this subsection is a direction for the authority or

authorities to do each of the following—

15

(a)   

consider or reconsider such matters as may be specified in the

direction,

(b)   

consult or further consult as respects those matters in

accordance with section 125(2) to (6) as applied by section

131A(4),

20

(c)   

make such modifications of the scheme as may in consequence

appear appropriate to the authority or authorities.

(5)   

If, on an appeal under this section, the Transport Tribunal determine

that the proposal to continue the scheme was not an exempt proposal

for the purposes of section 131B—

25

(a)   

they must allow the appeal to that extent,

(b)   

they must remit the matter to the authority or authorities, and

(c)   

section 131B(1)(b) (approval by appropriate approval authority)

has effect in relation to the proposal.”.

33      

Appeals relating to continuation of scheme

30

   

After section 131C of the TA 2000 insert—

“131D   

 Appeals relating to continuation of scheme

(1)   

This section applies where—

(a)   

it is proposed that a scheme be continued in operation,

(b)   

the proposal is not an exempt proposal for the purposes of

35

section 131B, and

(c)   

the area to which the scheme relates is in England.

(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 continuation of the scheme under

40

section 126 as applied by section 131B.

(3)   

The persons are—

(a)   

the authority, or any of the authorities, who propose to continue

the scheme,

(b)   

any person who was consulted by the authority or authorities

45

by virtue of section 131A.

 
 

Local Transport Bill [HL]
Part 3 — Bus services

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(4)   

Subsections (4) to (6) of section 126D apply in relation to an appeal

under subsection (2) as they apply in relation to an appeal under

subsection (2) of that section.

(5)   

Section 126E (powers of Tribunal) applies in relation to an appeal under

this section as it applies in relation to an appeal under section 126D,

5

with the following modifications—

(a)   

the reference in subsection (3)(b) to section 125 is to be read as a

reference to section 131A;

(b)   

the reference in subsection (4) to section 126 is to be read as a

reference to that section as applied by section 131B.”.

10

34      

Variation or revocation of scheme

(1)   

Section 132 of the TA 2000 (variation or revocation of scheme) is amended as

follows.

(2)   

In subsection (2) (which refers to the conditions in certain provisions of section

124) for “subsection (1)(a) and (b)” substitute “subsection (1)(a) to (e)”.

15

(3)   

In subsection (4A)(a) (which contains a similar reference) for “124(1)(a) and (b)”

substitute “124(1)(a) to (e)”.

(4)   

In subsection (5) (approval required for variation or revocation)—

(a)   

in paragraph (a), for “the authority which approved the making of the

scheme,” substitute “the appropriate approval authority,”,

20

(b)   

after the words so substituted insert “except in the case of an exempt

variation (see subsection (5A)),”,

(c)   

in the closing words, after “section 130 applies to a varied scheme”

insert “(whether or not the variation is an exempt variation)”.

(5)   

After subsection (5) insert—

25

“(5A)   

A variation of a scheme is an exempt variation for the purposes of this

section if the variation is—

(a)   

a reduction in the area to which the scheme relates,

(b)   

a reduction in the descriptions of services which are to be

provided under quality contracts, or

30

(c)   

the provision of new exclusions from the scheme.”.

35      

Appeals relating to exempt variations of scheme

   

After section 132 of the TA 2000 insert—

“132A   

  Appeals relating to exempt variations of scheme

(1)   

This section applies where—

35

(a)   

it is proposed that a scheme be varied under section 132, and

(b)   

the authority or authorities proposing the variation are of the

opinion that it is an exempt variation for the purposes of that

section.

(2)   

Any person who was consulted by the authority or authorities by virtue

40

of section 132(5)(b) may appeal to the Transport Tribunal against—

(a)   

the decision of the authority or authorities that the variation is

an exempt variation for the purposes of section 132, or

 
 

Local Transport Bill [HL]
Part 3 — Bus services

33

 

(b)   

the decision of the authority or authorities as to the variation of

the scheme under that section.

(3)   

The powers of the Tribunal on an appeal under this section include

power to do any one or more of the following—

(a)   

dismiss the appeal in whole or in part,

5

(b)   

quash the whole or any part of the decision appealed against,

(c)   

approve the variation of 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 (4).

10

(4)   

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,

(b)   

consult or further consult as respects those matters in

15

accordance with section 125(2) to (6) as applied by section

132(5)(b),

(c)   

make such modifications of the scheme as may in consequence

appear appropriate to the authority or authorities.

(5)   

If, on an appeal under this section, the Transport Tribunal determine

20

that the variation is not an exempt variation for the purposes of section

132—

(a)   

they must allow the appeal to that extent,

(b)   

they must remit the matter to the authority or authorities, and

(c)   

the variation requires the approval of the appropriate approval

25

authority under section 132(5)(a).”.

36      

Regulations about schemes

(1)   

Section 133 of the TA 2000 (regulations about schemes) is amended as follows.

(2)   

In subsection (1)(a) (regulations with respect to making, varying or revoking

schemes) after “varying” insert “, continuing”.

30

(3)   

In subsection (2) (particular matters for which regulations may provide)—

(a)   

in paragraph (a) (proposed variations or revocation of schemes) after

“proposed variations” insert “, continuations”;

(b)   

after paragraph (e) (form and manner of applications for approval)

insert—

35

“(ee)   

the procedure for determining such applications,”;

(c)   

in paragraph (f) (form of schemes or variations) for “or variations”

substitute “, variations or continuations”.

37      

Power to make transitional provision about schemes

(1)   

Section 134 of the TA 2000 (transitional provision about schemes) is amended

40

as follows.

(2)   

In subsection (1)(a) (transitional provision about the coming into operation of

quality contracts schemes) after “quality contracts schemes” insert “or of

provisions of such schemes”.

 
 

 
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