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
34

(3)
In subsection (2) (application or disapplication, with or without modifications,
of sections 6 to 9 of the TA 1985) in paragraph (a), after “(registration of local
services)” insert “, or of sections 89 to 92 of that Act (obligation to invite tenders
etc),”.
(4)
At the end of the section insert—
5
“(3)
Any regulations made by virtue of paragraph (a) of subsection (1) are
not to have effect in the case of any quality contracts scheme as respects
any time before the making of the scheme.”.
38
Guidance about quality contracts schemes

After section 134 of the TA 2000 insert—
10
“134A
  Guidance about quality contracts schemes
(1)
The appropriate national authority may issue guidance concerning the
performance by local transport authorities of their functions under this
Part in relation to quality contracts schemes.
(2)
Those authorities must have regard to any such guidance.”.
15
39
Quality contracts: application of TUPE
(1)
After section 134A of the TA 2000 insert—
“134B
Quality contracts: application of TUPE
(1)
Subsection (2) applies to a situation in which—
(a)
on the coming into force of a quality contract, local services
20
cease to be provided by a person (the “former operator”) in the
area to which the relevant quality contracts scheme, or (in the
case of a scheme which provides for different provisions to
come into operation on different dates) the relevant provision of
the scheme, relates, in accordance with section 129(1)(b), and
25
(b)
at the same time, a person (the “new operator”) begins to
provide local services in that area under that quality contract.
(2)
Any such situation is to be treated as a relevant transfer for the
purposes of the Transfer of Undertakings (Protection of Employment)
Regulations 2006 (“TUPE”) (whether or not TUPE would apply apart
30
from this subsection).
(3)
For the purposes of TUPE, the organised grouping of employees that is
subject to the relevant transfer consists of those employees of the
former operator whose employment is principally connected with the
provision of the local services referred to in subsection (1)(a).
35
(4)
The Secretary of State may make regulations supplementing the
provision made by this section.
(5)
The provision that may be made by regulations under subsection (4)
includes—
(a)
provision for determining, for the purposes of subsection (3),
40
whether a person’s employment is principally connected with
the provision of any particular local services (including

Local Transport Bill [HL]
Part 3 — Bus services
35

provision for or in connection with the appointment of a person
to make such determination);
(b)
provision for determining, in the case of any particular
organised grouping of employees, the particular new operator
who is to be the transferee for the purposes of TUPE (including
5
provision for or in connection with the appointment of a person
to make such determination);
(c)
provision requiring any person operating local services in the
area to which a quality contracts scheme relates to provide the
authority or authorities who made the scheme with such
10
information as may be prescribed, at such time as may be
prescribed, about such of that person’s employees as would fall
within subsection (3) if the person ceased to provide those
services in the circumstances described in subsection (1)(a);
(d)
provision requiring the authority or authorities who made a
15
quality contracts scheme to provide all persons operating local
services in the area to which the scheme relates with such
information as may be prescribed, at such time as may be
prescribed, so as to enable such persons to comply with any
requirement imposed by virtue of paragraph (c) of this
20
subsection.
(6)
A person is guilty of an offence under this subsection if—
(a)
the person provides information in accordance with a
requirement imposed by virtue of subsection (5)(c),
(b)
the information is false or misleading in a material particular,
25
and
(c)
the person knows that it is or is reckless as to whether it is.
(7)
A person who is guilty of an offence under subsection (6) is liable on
summary conviction to a fine not exceeding level 4 on the standard
scale.”.
30
(2)
In section 26(1) of the TA 1985 (conditions attached to PSV operator’s licence)
after paragraph (b) insert—
“(bza)
the operator has failed to comply with a requirement imposed
by virtue of section 134B(5)(c) of the Transport Act 2000; or”.
(3)
In section 155(1) of the TA 2000 (penalties) for the “or” at the end of paragraph
35
(b) substitute—
“(ba)
failed to comply with a requirement imposed by virtue of
section 134B(5)(c) of this Act, or”.
40
Power to make traffic regulation orders
(1)
Section 1 of the Road Traffic Regulation Act 1984 (c. 27) (traffic regulation
40
orders outside Greater London) is amended as follows.
(2)
In subsection (3A) (orders may be made by local traffic authority for the
purposes of quality partnership schemes) for “facilities pursuant to a quality
partnership scheme under Part II of the Transport Act 2000” substitute
“relevant bus scheme facilities”.
45
(3)
After subsection (3A) insert—
“(3B)
In subsection (3A) “relevant bus scheme facilities” means—

Local Transport Bill [HL]
Part 3 — Bus services
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(a)
facilities provided pursuant to a quality partnership scheme
under Part 2 of the Transport Act 2000;
(b)
facilities provided pursuant to a quality contract within the
meaning of that Part (see section 124(4) and (5) of that Act) or
otherwise in connection with a quality contracts scheme under
5
that Part.”.
Extension of the competition test
41
Competition scrutiny of functions and agreements relating to buses
(1)
For section 153 of the TA 2000 (competition test for exercise of bus functions
(see Schedule 10 to that Act)) substitute—
10
“153
Competition test: functions and agreements relating to buses
(1)
Schedule 10 contains provision applying competition tests in relation
to—
(a)
the exercise of functions relating to quality partnership
schemes, ticketing schemes and subsidised local services,
15
(b)
voluntary partnership agreements and certain other
agreements, decisions and practices relating to bus services.
(2)
A voluntary partnership agreement is any voluntary agreement under
which—
(a)
a local transport authority, or two or more local transport
20
authorities, undertake to provide particular facilities, or to do
anything else for the purpose of bringing benefits to persons
using local services, within the whole or part of their area, or
combined area, and
(b)
one or more operators of local services undertake to provide
25
services of a particular standard.
(3)
In subsection (2)—
“facilities” means—
(a)
facilities provided at specific locations along routes
served, or proposed to be served, by local services
30
within the area to which the agreement relates, or
(b)
facilities which are ancillary to such facilities;
“standard”, in the case of any services, includes—
(a)
any requirements which the vehicles being used to
provide the services must meet,
35
(b)
any requirements as to frequency or timing of the
services,
(c)
any requirements as to the maximum fares that may be
charged for particular journeys, or for journeys of
particular descriptions, on services to which the
40
agreement applies;
“voluntary agreement” means an agreement made otherwise than
under sections 114 to 123 (quality partnership schemes).”.

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
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(2)
In section 162 of that Act (interpretation of Part 2) after subsection (4) insert—
“(4A)
Where a reference to an authority in any of the following provisions is
to an Integrated Transport Authority, it is to be construed as including
a reference to the Passenger Transport Executive for the integrated
transport area concerned—
5
section 153(2)(a),
in Schedule 10, paragraph 17(5)(b) and (8).”.
(3)
Schedule 10 to the TA 2000 (competition test for exercise of bus functions) is
amended in accordance with Schedule 2.
Part 4
10
General provisions relating to passenger transport
Detention of certain PSVs
42
Detention of certain PSVs used without PSV operators’ licences
(1)
In the PPVA 1981, after section 12 (PSV operators’ licences) insert—
“12A
Detention of certain PSVs used without PSV operators’ licences
15

Schedule 2A (which relates to the detention, removal and disposal of
PSVs which are adapted to carry more than 8 passengers and in respect
of which it appears that section 12(1) is contravened) shall have effect.”.
(2)
After Schedule 2 to that Act insert, as Schedule 2A, the Schedule set out in
Schedule 3 to this Act.
20
Registration of local services
43
Determination of applications for registration where restrictions in force
(1)
Section 6 of the TA 1985 (registration of local services) is amended as follows.
(2)
After subsection (2) (conditions for providing service) insert—
“(2A)
Where—
25
(a)
any registration restrictions imposed under section 114(3A) of
the Transport Act 2000 (quality partnership schemes) are in
force, and
(b)
an application for registration is made in respect of a service in
relation to which those restrictions have effect,
30

section 6A of this Act has effect in relation to the application.”.
(3)
After section 6 of the TA 1985 insert—
“6A
Applications for registration etc where restrictions are in force
(1)
This section applies in any case where—
(a)
any registration restrictions imposed under section 114(3A) of
35
the Transport Act 2000 are in force in the case of a quality
partnership scheme (“the scheme”);

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
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(b)
an application for registration, or for variation or cancellation of
registration, is made under section 6 of this Act to a traffic
commissioner in respect of a local service in relation to which
those restrictions have effect; and
(c)
the application is one which would fall to be accepted by the
5
traffic commissioner, apart from this section.
(2)
In any such case the traffic commissioner, before deciding whether or
not to accept the application, must give to—
(a)
each relevant authority, and
(b)
each relevant operator,
10

a notice complying with subsection (3) below.
(3)
The notice must—
(a)
identify the application and state that it has been made;
(b)
provide prescribed particulars of the application;
(c)
inform the persons to whom it is required to be sent of the right
15
of each of them to make relevant representations to the traffic
commissioner about the application.
(4)
If no relevant representations are made, the application is to be
accepted.
(5)
If any relevant representations are made by a relevant authority or a
20
relevant operator, the traffic commissioner must decide whether the
effect of accepting the application would be detrimental to the
provision of local services under the scheme.
(6)
The traffic commissioner may decide that question only after—
(a)
considering those representations;
25
(b)
taking account of any other relevant applications and any
relevant representations made in relation to those applications;
(c)
holding such inquiries under section 54 of the 1981 Act as the
traffic commissioner may think fit; and
(d)
applying the registration criteria.
30
(7)
If the traffic commissioner decides that the effect of accepting the
application would not be detrimental to the provision of such services,
the application is to be accepted.
(8)
If subsection (7) above does not apply, the traffic commissioner may do
any one or more of the following—
35
(a)
refuse to accept the application;
(b)
require the applicant to amend the application in such respects
as the traffic commissioner may require before submitting it
again;
(c)
if the applicant has not given a written undertaking under
40
section 118(4) of the Transport Act 2000 in relation to the
scheme, require the applicant to give such an undertaking
before the application may be accepted.
(9)
An appeal against any decision of a traffic commissioner under this
section may be made to the Transport Tribunal by any of the following
45
persons—
(a)
the person who made the application;

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
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(b)
any relevant authority that made relevant representations
against the application;
(c)
any relevant operator who made relevant representations
against the application.

As respects appeals to the Transport Tribunal, see Schedule 4 to this
5
Act.
(10)
An appeal lies (in accordance with paragraph 14 of Schedule 4 to this
Act) at the instance of any of the persons mentioned in the paragraphs
of subsection (9) above from a decision of the Transport Tribunal on an
appeal under that subsection.
10
(11)
Regulations may be made for the purposes of carrying this section into
effect; and the provision that may be made by any such regulations
includes provision—
(a)
as to the procedure for giving notice under subsection (2) above;
(b)
prescribing the particulars of the application that are to be
15
provided in such a notice;
(c)
as to the procedure for making relevant representations;
(d)
as to the procedure to be followed in determining the
application.
(12)
In this section—
20
“quality partnership scheme” means a scheme under section 114
of the Transport Act 2000;
“registration criteria” means the criteria specified in the scheme by
virtue of section 114(3C) of the Transport Act 2000;
“relevant application” means any application under section 6 of
25
this Act—
(a)
which is made in respect of a local service in relation to
which the registration restrictions have effect, and
(b)
which (whenever made) is awaiting the decision of the
traffic commissioner;
30
“relevant authority” means the authority, or any of the authorities,
that made the scheme;
“relevant operator” means—
(a)
any operator of local services who has given an
undertaking under section 118(4) of the Transport Act
35
2000 in respect of the scheme;
(b)
any other operator of local services which might be
affected if the application were to be accepted;
“relevant representations” means representations that the effect of
accepting the application would be detrimental to the provision
40
of services under the scheme, having regard to the registration
criteria.”.
44
Applications for registration where quality contracts scheme in force
(1)
Section 6 of the TA 1985 (registration of local services) is amended as follows.
(2)
After subsection (2A) (which is inserted by section 43) insert—
45
“(2B)
Where—

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
40

(a)
a quality contracts scheme under section 124 of the Transport
Act 2000 is in force,
(b)
an operator proposes to provide a local service within the area
to which the scheme relates,
(c)
the proposed service is not excluded from the scheme by virtue
5
of section 127(4) of the Transport Act 2000, and
(d)
the operator does not propose to provide the service under a
quality contract by virtue of the scheme,

section 6B of this Act has effect with respect to registration of that
service.”.
10
(3)
After section 6A of the TA 1985 (which is inserted by section 43) insert—
“6B
Applications for registration where quality contracts scheme in force
(1)
This section applies in any case where—
(a)
a quality contracts scheme under section 124 of the Transport
Act 2000 is in force;
15
(b)
an operator proposes to provide a local service within the area
to which the scheme relates;
(c)
the proposed service is not excluded from the scheme by virtue
of section 127(4) of the Transport Act 2000; and
(d)
the operator does not propose to provide the service under a
20
quality contract by virtue of the scheme.
(2)
In any such case, the operator may apply to a traffic commissioner for
registration of the proposed service under section 6 of this Act,
notwithstanding anything in section 129(1)(a) of the Transport Act 2000
(sections 6 to 9 of this Act not to apply).
25
(3)
The traffic commissioner must not accept the application except in
accordance with the following provisions of this section.
(4)
On receipt of the application, the traffic commissioner must consult the
authority or authorities who made the quality contracts scheme.
(5)
If, within the prescribed time, the traffic commissioner receives from
30
the authority or authorities a clearance certificate in respect of the
proposed service, the traffic commissioner must register the service
under section 6 of this Act.
(6)
If the traffic commissioner does not receive such a certificate within that
time, the application must be rejected.
35
(7)
In this section—
“clearance certificate” means a certificate that the provision of the
proposed local service will not have an adverse effect on local
services provided under quality contracts in the area to which
the quality contracts scheme relates;
40
“prescribed” means prescribed in regulations;
“the relevant authority or authorities” means the authority or
authorities—
(a)
who last continued the quality contracts scheme in force
under section 131A of the Transport Act 2000, or
45
(b)
if the scheme has not been so continued, who made it.”.