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 4 — General provisions relating to passenger transport
55

(3)
After subsection (2) insert—
“(2A)
The reference in subsection (1)(viii) above to an agreement providing
for service subsidies includes—
(a)
an agreement for such subsidies under section 9A(4) above;
(b)
provision included in a quality contract under section 124 of the
5
Transport Act 2000 for the making of payments by the PTE (see
subsection (5)(a) of that section).”.
(4)
Any order made under section 60(5) of the TA 1985 shall cease to have effect to
the extent that it provides that a PTE shall cease to have the power under
section 10(1)(viii) of the TA 1968.
10
(5)
In section 60 of the TA 1985 (exclusion of public sector co-operation
requirements and bus operating powers), omit subsections (2) to (4), (7) and
(8).
(6)
The following provisions of the TA 1968 shall cease to have effect—
(a)
section 10(1)(i) (power of PTE to carry passengers by road);
15
(b)
section 24 (establishment and general duties of Bus Company and
Scottish Group).
Subsidised services
62
Subsidy to secure passenger transport services in integrated transport areas
(1)
Section 9A of the TA 1968 (general functions of Passenger Transport
20
Authorities and Executives) is amended as follows.
(2)
In subsection (4)(a) (power to enter into agreements providing for service
subsidies) after “would not be provided” insert “, or would not be provided to
a particular standard,”.
(3)
After subsection (4) insert—
25
“(4A)
The reference in subsection (4)(a) of this section to the standard to
which a service is provided includes—
(a)
the frequency or timing of the service;
(b)
the days, or times of day, when the service is provided;
(c)
the vehicles used to provide the service.”.
30
63
Subsidy to secure passenger transport services in other areas
(1)
Section 63 of the TA 1985 (functions of local councils with respect to passenger
transport in areas other than passenger transport areas) is amended as follows.
(2)
In subsection (5) (power to enter into agreements providing for service
subsidies) at the beginning of paragraph (a) insert “in England and Wales, shall
35
be exercisable only where the service in question would not be provided, or
would not be provided to a particular standard, without subsidy;
(aa)
in Scotland,”.
(3)
After subsection (5) insert—
“(5A)
The reference in subsection (5)(a) above to the standard to which a
40
service is provided includes—

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
56

(a)
the frequency or timing of the service;
(b)
the days, or times of day, when the service is provided;
(c)
the vehicles used to provide the service.”.
64
Subsidy to secure passenger transport services in Wales
(1)
Section 7 of the Transport (Wales) Act 2006 (c. 5) (provision of public passenger
5
transport services) is amended as follows.
(2)
In subsection (4) (circumstances in which agreements providing for service
subsidies may be entered into) after “would not be provided” insert “, or would
not be provided to a particular standard,”.
(3)
After subsection (4) insert—
10
“(4A)
The reference in subsection (4) to the standard to which a service is
provided includes—
(a)
the frequency or timing of the service;
(b)
the days, or times of day, when the service is provided;
(c)
the vehicles used to provide the service.”.
15
65
Extension of maximum length of subsidised services agreements
In section 90(1) of the TA 1985 (maximum period to be specified in invitation
to tender for agreement providing for service subsidies) for “five years”
substitute “8 years”.
Public transport companies etc
20
66
Removal of certain disabilities and requirements for consent
(1)
Part 4 of the TA 1985 (which makes provision for the establishment of public
transport companies and for the powers of Passenger Transport Authorities etc
in relation to them) is amended as follows.
(2)
In section 74 (disabilities of directors of public transport companies), omit
25
subsections (3) to (12).
(3)
Each of the following (which require the consent of the Secretary of State for
the exercise of certain powers) is omitted—
(a)
section 75(3) (subscription for, or acquisition or disposal of, certain
shares, securities or other property or assets etc);
30
(b)
section 79(3) (making or guaranteeing of certain loans);
(c)
section 79(7) (guarantees etc in connection with disposals of certain
shares, securities or other property or assets etc);
(d)
in section 79(8) (provision of financial assistance by way of grants,
loans, etc) the words “, with the consent of the Secretary of State,”.
35
Transport users’ advisory committees etc
67
The Disabled Persons Transport Advisory Committee: remuneration
(1)
Schedule 5 to the TA 1985 (the Disabled Persons Transport Advisory
Committee) is amended as follows.

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
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(2)
In paragraph 2—
(a)
at the beginning insert “(1)”;
(b)
after “to pay to their members” insert “such remuneration, and”.
(3)
At the end of paragraph 2 insert—
    “(2)
In relation to Scotland, the only remuneration that may be paid
5
under this paragraph is remuneration for the performance of
functions which relate to reserved matters (within the meaning of the
Scotland Act 1998).”.
68
The Public Transport Users’ Committee for England
(1)
After section 125 of the TA 1985 (the Disabled Persons Transport Advisory
10
Committee) insert—
“The Public Transport Users’ Committee for England
125A
The Public Transport Users’ Committee for England
(1)
The Secretary of State may by order establish a body corporate, to be
known as the Public Transport Users’ Committee for England.
15

A body established under this subsection is referred to in this section
and sections 125B and 125C as the Committee.
(2)
The Secretary of State may by order provide for a body established
under subsection (1) to be known by a different name.
(3)
An order under subsection (1) may include provision—
20
(a)
about the status and membership of the Committee (including
how members are to be appointed);
(b)
about the proceedings of the Committee;
(c)
about the declaration by members of any financial or other
interests, and the recording of such interests;
25
(d)
about officers and staff of the Committee;
(e)
about the discharge of functions of the Committee (including
provision for the discharge of functions by sub-committees with
members who are not all members of the Committee);
(f)
about the making of reports by the Committee to—
30
(i)
the Secretary of State, or
(ii)
such other person as the Secretary of State may
determine;
(g)
about the making of payments to or in respect of officers, staff
and members of the Committee;
35
(h)
about the payment of pensions and the making of other
payments to or in respect of former officers and staff of the
Committee;
(i)
about the keeping of accounts by the Committee and their audit
and submission to the Secretary of State;
40
(j)
about the acquisition and disposal by the Committee of
property, rights and liabilities (including land);
(k)
authorising the Committee to charge for any services it
provides in the discharge of any of its functions;

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
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(l)
requiring the Committee to have regard to the policies and
activities of such other persons or bodies as the Secretary of
State may determine;
(m)
for the transfer of staff, property, rights and liabilities to the
Committee.
5
(4)
The Secretary of State may make payments to the Committee of such
amounts, at such times, and on such conditions (if any) as the Secretary
of State considers appropriate.
(5)
The Secretary of State may by order make provision for the transfer of
staff, property, rights and liabilities from the Committee to any other
10
person.
(6)
An order made by virtue of subsection (2) may make such provision,
including provision amending, repealing or revoking any enactment
(whenever passed or made), as appears to the Secretary of State to be
necessary in consequence of the order.
15

In this subsection “enactment” includes an enactment comprised in
subordinate legislation (within the meaning of the Interpretation Act
1978).
(7)
No order shall be made under this section unless a draft of the order has
been laid before, and approved by a resolution of, each House of
20
Parliament.
125B
Functions of the Committee
(1)
The Committee may consider and make recommendations or
representations to the Secretary of State about any matter relating to—
(a)
prescribed public passenger transport services, or public
25
passenger transport services that are of a prescribed
description, to the extent that they operate in England; or
(b)
prescribed public passenger transport facilities in England, or
public passenger transport facilities in England that are of a
prescribed description.
30
(2)
The Committee must consider and make recommendations to the
Secretary of State about any such matter if asked to do so by the
Secretary of State.
(3)
The Secretary of State may by order—
(a)
confer further functions on the Committee;
35
(b)
remove functions from the Committee;
(c)
make changes to any functions of the Committee;
(d)
transfer any functions of the Committee to another person
(including to the Secretary of State).
(4)
An order under subsection (3) may confer a function on the Committee,
40
or make changes to a function of the Committee, only if the new
function, or the function as changed, relates to—
(a)
public passenger transport services, so far as operating in
England; or
(b)
public passenger transport facilities in England.
45
(5)
The functions that may be conferred on the Committee under
subsection (3)(a) include a power—

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
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(a)
to enter into arrangements with another body for discharging
functions on behalf of that body in relation to England;
(b)
to give effect to any such arrangements;
(c)
to enter into arrangements with another body for that body to
discharge any functions of the Committee on behalf of the
5
Committee.
(6)
The discharge of a function by the Committee on behalf of another
body does not affect the responsibility of the body for the discharge of
the function.
(7)
The discharge of a function by another body on behalf of the
10
Committee does not affect the responsibility of the Committee for the
discharge of the function.
(8)
The provision that may be made in an order under subsection (3)
includes provision amending or repealing any provision of an
enactment conferring functions on the Committee.
15
(9)
The Committee may do anything which is calculated to facilitate, or is
conducive or incidental to, the discharge of any of its functions.
(10)
In this section—
“prescribed” means prescribed by order made by the Secretary of
State;
20
“public passenger transport facilities” means facilities for public
passenger transport services.
(11)
No order shall be made under this section unless a draft of the order has
been laid before, and approved by a resolution of, each House of
Parliament.
25
125C
Power to confer functions in relation to the Committee
(1)
This section applies where an order under section 125B(3) confers on
the Committee power to make recommendations or representations to
a body or person.
(2)
The Secretary of State may by order confer on the body or person
30
functions in respect of such recommendations or representations.
(3)
An order under this section may confer a function on a body or person
only if the new function relates to—
(a)
public passenger transport services, so far as operating in
England; or
35
(b)
public passenger transport facilities in England.
(4)
The provision that may be made in an order under this section includes
provision amending, repealing or revoking any provision of an
enactment (whenever passed or made) conferring functions on the
body or person.
40
(5)
In this section “public passenger transport facilities” has the same
meaning as in section 125B.
(6)
No order shall be made under this section unless a draft of the order has
been laid before, and approved by a resolution of, each House of
Parliament.”.
45

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
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(2)
In section 135 of the TA 1985 (procedure for making regulations, rules and
orders), in subsection (4), after “85” insert “, 125A, 125B, 125C”.
69
Power to confer non-rail functions on the Rail Passengers’ Council
In Part 3 of the Railways Act 2005 (c. 14), after section 19 insert—
“19A
Power to confer non-rail functions on the Rail Passengers’ Council
5
(1)
The Secretary of State may by order make provision conferring
functions on the Rail Passengers’ Council relating to—
(a)
prescribed local services, or local services of a prescribed
description, so far as operating in England, or
(b)
prescribed domestic coach services, or domestic coach services
10
of a prescribed description, so far as operating in England.
(2)
The power conferred by subsection (1) includes power to amend any
enactment for the purposes of making such provision.
(3)
An order under this section may make incidental, consequential,
transitional or supplementary provision for the purposes of, or in
15
consequence of, such an order, or for giving full effect to such an order.
(4)
The provision which may be included by virtue of subsection (3) in an
order includes—
(a)
provision for the body established by section 19 to be known by
a different name;
20
(b)
provision altering the number of persons that may be appointed
as members of that body by the Secretary of State under section
19(1)(e);
(c)
provision amending, repealing or revoking any enactment,
whenever passed or made.
25
(5)
In a case where an order under this section confers on the Rail
Passengers’ Council power to make recommendations or
representations to a body or person, the provision which may be
included by virtue of subsection (3) in the order also includes provision
conferring on the body or person functions in respect of such
30
recommendations or representations.
(6)
An order under this section may confer a function on a body or person
by virtue of subsection (5) only if the new function relates to local
services or domestic coach services, so far as operating in England.
(7)
Nothing in this section provides power to alter the functions of the Rail
35
Passengers’ Council so far as relating to the provision of railway
passenger services or station services.
(8)
An order under this section is subject to the affirmative resolution
procedure.
(9)
In this section—
40
“domestic coach service” means a bus service which—
(a)
carries passengers at separate fares, and
(b)
is not a local service;
“enactment” includes an enactment comprised in subordinate
legislation (within the meaning of the Interpretation Act 1978);
45

Local Transport Bill [HL]
Part 4 — General provisions relating to passenger transport
61

“local service” has the meaning given by section 2 of the Transport
Act 1985;
“prescribed” means prescribed by order made by the Secretary of
State.”.
Display of transport-related information
5
70
Power to require display of certain information
(1)
The appropriate national authority may make regulations requiring prescribed
persons, or persons of a prescribed description, to display, in such place or
places and in such manner as may be prescribed, information falling within
subsection (2).
10
(2)
The information referred to in subsection (1) is prescribed information, or
information of a prescribed description, relating to persons or bodies with
functions relating to public passenger transport services.
(3)
Regulations under this section may provide that a traffic commissioner may
impose a financial penalty on any operator of a public service vehicle who,
15
without reasonable excuse, fails to comply with a requirement imposed on the
operator by regulations under this section.
(4)
Regulations made by virtue of subsection (3) may—
(a)
specify the maximum penalty that may be imposed by virtue of that
subsection;
20
(b)
require a traffic commissioner who has imposed a penalty by virtue of
that subsection to give notice in writing to such persons as may be
prescribed.
(5)
A penalty imposed by virtue of subsection (3) is—
(a)
payable to the appropriate national authority that made the
25
regulations, and
(b)
recoverable as a civil debt.
(6)
An operator on whom a penalty is imposed by virtue of subsection (3) may
appeal to the Transport Tribunal against the imposition of the penalty.

As respects appeals to the Transport Tribunal, see Schedule 4 to the TA 1985.
30
(7)
The power to make regulations under this section is exercisable by statutory
instrument.
(8)
A statutory instrument containing regulations made under this section by the
Secretary of State is subject to annulment in pursuance of a resolution of either
House of Parliament.
35
(9)
A statutory instrument containing regulations made under this section by the
Welsh Ministers is subject to annulment in pursuance of a resolution of the
National Assembly for Wales.
(10)
In this section—
“the appropriate national authority” means—
40
(a)
in relation to public passenger transport services operating
wholly or partly in England, the Secretary of State;
(b)
in relation to public passenger transport services operating
wholly or partly in Wales, the Welsh Ministers;