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 1 — The traffic commissioners
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(9)
In paragraph 9 (principal civil service pension scheme) for “traffic
commissioner for each of the traffic areas” substitute “traffic commissioner for
England and Wales or for the Scottish Traffic Area”.
5
Transitional provision for existing traffic commissioners etc
(1)
Any existing traffic commissioner for a traffic area in England and Wales—
5
(a)
on the relevant commencement, becomes instead a traffic
commissioner for England and Wales with all the powers and duties of
such a commissioner,
(b)
holds that office on the terms and conditions that applied to the
commissioner immediately before the relevant commencement,
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(c)
is subject to paragraph 1 of Schedule 2 to the PPVA 1981 (grounds for
dismissal), as amended by section 4, as from the coming into force of
that amendment.
(2)
Any appointment of a person as a deputy traffic commissioner for a traffic area
in England and Wales before the relevant commencement—
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(a)
continues in force notwithstanding the substitution of subsections (1)
and (2) of section 4 of the PPVA 1981 effected by section 2,
(b)
has effect as from the relevant commencement as an appointment
under paragraph 2A of Schedule 2 to that Act as a deputy traffic
commissioner for England and Wales with all the powers and duties of
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such a commissioner,
(c)
as from the relevant commencement is held on the terms and
conditions that applied to the deputy traffic commissioner immediately
before the relevant commencement.
(3)
Any appointment of a person as an acting traffic commissioner for a traffic area
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in England and Wales before the relevant commencement—
(a)
continues in force notwithstanding the substitution of subsections (1)
and (2) of section 4 of the PPVA 1981 effected by section 2,
(b)
has effect as from the relevant commencement as an appointment
under paragraph 5A of Schedule 2 to that Act to act as a traffic
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commissioner for England and Wales with all the powers and duties of
such a commissioner,
(c)
as from the relevant commencement is held on the terms and
conditions that applied to the acting traffic commissioner immediately
before the relevant commencement.
35
(4)
Any existing traffic commissioner for the Scottish Traffic Area—
(a)
on the relevant commencement, becomes instead the Scottish traffic
commissioner with all the powers and duties of that commissioner,
(b)
holds that office on the terms and conditions that applied to the traffic
commissioner immediately before the relevant commencement, and
40
(c)
is subject to paragraph 1 of Schedule 2 to the PPVA 1981 (grounds for
dismissal), as amended by section 4, as from the coming into force of
that amendment.
(5)
In this section—
“acting traffic commissioner” means a person appointed under paragraph
45
6 of Schedule 2 to the PPVA 1981 to act as a traffic commissioner for a
traffic area;

Local Transport Bill [HL]
Part 2 — Transport policies
9

“deputy traffic commissioner” means a person appointed under
paragraph 3 or 4 of Schedule 2 to the PPVA 1981 to act as deputy to a
traffic commissioner for a traffic area;
“existing traffic commissioner” means a person—
(a)
who is a traffic commissioner for a traffic area immediately
5
before the relevant commencement, and
(b)
who would, apart from the amendments made by this Act, have
continued as such after the relevant commencement;
“the relevant commencement” means—
(a)
in relation to an existing traffic commissioner, the coming into
10
force of the substitution of subsections (1) and (2) of section 4 of
the PPVA 1981 effected by section 2;
(b)
in relation to a deputy traffic commissioner for a traffic area in
England and Wales, the coming into force of paragraph 2A of
Schedule 2 to the PPVA 1981 (which is inserted by section 4);
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(c)
in relation to an acting traffic commissioner for a traffic area in
England and Wales, the coming into force of paragraph 5A of
Schedule 2 to the PPVA 1981 (which is inserted by section 4).
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Consequential amendments
(1)
The Secretary of State may by order make such provision as the Secretary of
20
State may consider necessary or expedient for the purposes of, or in
consequence of, or for giving full effect to, any amendment made by sections 2
to 5.
(2)
The power conferred by subsection (1) includes—
(a)
power to make different provision for different cases or for different
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areas, and
(b)
power to make incidental, consequential, supplemental, or transitional
provision, and savings.
(3)
The powers conferred by subsections (1) and (2) include power to amend or
modify any enactment (whenever passed or made) for the purpose of making
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any such provision, or any such saving, as is mentioned in either of those
subsections.
(4)
The only provision that may be made by an order under this section in relation
to Scotland is provision relating to reserved matters within the meaning of the
Scotland Act 1998 (c. 46).
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(5)
The power to make an order under this section is exercisable by statutory
instrument.
(6)
A statutory instrument containing an order under this section may not be
made unless a draft of the order has been laid before, and approved by a
resolution of, each House of Parliament.
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Part 2
Transport policies
7
Local transport policies
(1)
The TA 2000 is amended as follows.

Local Transport Bill [HL]
Part 2 — Transport policies
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(2)
In section 108 (local transport plans) after subsection (4) insert—
“(5)
In this Part “local transport policies” means policies developed under
subsection (1)(a).”.
(3)
In section 162(1) (interpretation of Part 2) insert the following definition at the
appropriate place—
5
““local transport policies” has the meaning given in section
108(5),”.
(4)
In section 198(1) (interpretation of Part 3) insert the following definition at the
appropriate place—
““local transport policies” has the meaning given in section
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108(5),”.
(5)
Schedule 1 to this Act (which substitutes references to local transport policies
for certain references to local transport plans or bus strategies and makes other
related amendments) has effect.
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Nature of duty to develop transport policies
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(1)
Section 108 of the TA 2000 (local transport plans) is amended as follows.
(2)
In subsection (1)(a), omit “facilities and services”.
(3)
In subsection (2)—
(a)
for the words from the beginning to “are” substitute “In subsection (1),
“transport” means”,
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(b)
for “those”, in both places, substitute “the transport”,
(c)
for “include” substitute “includes”.
(4)
After subsection (2) insert—
“(2ZA)
Each local transport authority whose area is in England must—
(a)
in developing policies in accordance with subsection (1)(a), and
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(b)
in carrying out their functions in accordance with subsection
(1)(b),

comply with the duties set out in subsection (2ZB).
(2ZB)
The duties are—
(a)
to take into account any policies announced by Her Majesty’s
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government with respect to the protection or improvement of
the environment, and
(b)
to have regard to any guidance issued for the purposes of this
paragraph by the Secretary of State with respect to the
protection or improvement of the environment.
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(2ZC)
The power to issue guidance under subsection (2ZB)(b) does not affect
the generality of the power to issue guidance under section 112(1).”.
9
Local transport plans
(1)
For subsection (3) of section 108 of the TA 2000 (duty to prepare local transport

Local Transport Bill [HL]
Part 2 — Transport policies
11

plan) substitute—
“(3)
Each local transport authority whose area is in England must prepare a
document to be known as (or two or more documents to be known
together as) the local transport plan containing—
(a)
their policies under subsection (1)(a);
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(b)
their proposals for the implementation of those policies.
(3A)
Each local transport authority whose area is in Wales must prepare a
document to be known as the local transport plan containing—
(a)
their policies under subsection (1)(a), and
(b)
their policies under subsection (2A).
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(3B)
A local transport authority whose area is in England must, in
complying with the duty under subsection (1)(b), have regard to the
proposals contained in their plan.”.
(2)
Section 109 of that Act (further provision about plans: England) is amended as
follows.
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(3)
For subsection (2) substitute—
“(2)
The authority may replace their plan as they think fit.”.
(4)
After subsection (2) insert—
“(2A)
In preparing their local transport plan, and in keeping it under review,
the authority must, unless it is an Integrated Transport Authority,
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consult—
(a)
the Secretary of State in relation to functions which the
Secretary of State has—
(i)
as highway authority by virtue of section 1 of the
Highways Act 1980, or
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(ii)
as traffic authority by virtue of section 121A of the Road
Traffic Regulation Act 1984,
(b)
if the local transport authority is a county council, the councils
of the districts in the county (if any),

and such other persons as the local transport authority consider
30
appropriate.
(2B)
In preparing their local transport plan, and in keeping it under review,
the authority must, if it is an Integrated Transport Authority, consult—
(a)
each local traffic authority (within the meaning of the Road
Traffic Regulation Act 1984) for any area within the integrated
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transport area of the Integrated Transport Authority,
(b)
the Secretary of State in relation to functions which the
Secretary of State has—
(i)
as highway authority by virtue of section 1 of the
Highways Act 1980, or
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(ii)
as traffic authority by virtue of section 121A of the Road
Traffic Regulation Act 1984,
(c)
each county council and each district council for any area within
the integrated transport area of the Integrated Transport
Authority,
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and such other persons as the Integrated Transport Authority consider
appropriate.”.

Local Transport Bill [HL]
Part 2 — Transport policies
12

(5)
Omit subsections (5) and (6).
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Bus strategies no longer required
(1)
The TA 2000 is amended as follows.
(2)
Omit sections 110 and 111 (bus strategies).
(3)
Section 112 (plans and strategies: supplementary) is amended as follows.
5
(4)
In subsection (1)—
(a)
for “sections 108 to 111” substitute “sections 108 to 109B”;
(b)
omit “(and bus strategies)” and (in each place) “(and strategies)”.
(5)
In subsection (2) omit “and their bus strategy”.
(6)
In each of sections 113A(1) and 113B(1) (plans and strategies: Wales) for
10
“sections 108 to 111” substitute “sections 108 to 109B”.
(7)
In section 162(1) (interpretation) for the definition of “bus services”
substitute—
““bus services” means services using public service vehicles,”.
(8)
In section 9A of the TA 1968 (general functions of Passenger Transport Areas
15
and Executives), in subsection (7), omit the words from “and to the bus
strategy” to the end.
(9)
The TA 1985 is amended as follows.
(10)
In section 63 (functions of local councils with respect to passenger transport)—
(a)
in subsection (8), omit “and to the appropriate bus strategy”;
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(b)
omit subsection (8A).
(11)
In section 89 (obligation to invite tenders for subsidised services) omit
subsections (7)(b) and (8).
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Duty to have regard to transport needs of disabled persons
(1)
Section 112 of the TA 2000 (plans and strategies: supplementary) is amended
25
as follows.
(2)
In subsection (2) (duty to have regard to needs of certain persons in developing
transport policies)—
(a)
after “developing” insert “and implementing”;
(b)
after “needs of” insert “disabled persons (within the meaning of the
30
Disability Discrimination Act 1995) and of”.
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Development of policies by ITA no longer joint duty with district councils
(1)
Section 113 of the TA 2000 (role of metropolitan district councils) is amended
as follows.
(2)
Omit subsection (1).
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(3)
For subsection (2) substitute—
“(2)
The duties imposed on an Integrated Transport Authority for an
integrated transport area by—

Local Transport Bill [HL]
Part 3 — Bus services
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(a)
section 108(1)(b), (2ZA) and (3B), and
(b)
section 109(4),

are also duties of each of the councils for the metropolitan districts
comprised in the area, subject to the modifications set out in subsection
(2A).
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(2A)
The modifications are—
(a)
in section 108(1)(b), the reference to “those policies” is a
reference to the policies developed by the Integrated Transport
Authority for that area;
(b)
in section 108(3B), the reference to “their plan” is a reference to
10
the local transport plan of the Integrated Transport Authority
for that area;
(c)
in section 109(4), the reference to “their local transport plan” is
a reference to the local transport plan of the Integrated
Transport Authority for that area.”.
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(4)
Omit subsection (3).
(5)
In section 162 of that Act (interpretation for the purposes of Part 2) omit
subsection (6).
(6)
In section 198 of that Act (interpretation for the purposes of Part 3) omit
subsection (2).
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Part 3
Bus services
Quality partnership schemes
13
Quality partnership schemes
(1)
Section 114 of the TA 2000 (quality partnership schemes) is amended as
25
follows.
(2)
In subsection (1), for the words from “will to any extent” to the end (which
make it a condition that a scheme implement the policies in the authority’s bus
strategy) substitute “will contribute to the implementation of their local
transport policies”.
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(3)
For subsection (3)(a) (authority must be satisfied that scheme will improve
quality of local services) substitute—
“(a)
bring benefits to persons using local services in the whole or any
part of their area, or combined area, by improving the quality of
those services, or”.
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(4)
After subsection (3) insert—
“(3A)
If the authority or authorities consider that it is necessary or expedient
for any restrictions to be imposed on the registration of—
(a)
any local services, or
(b)
any local services of a particular description,
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they may impose those restrictions (“registration restrictions”) by
specifying or describing them in the scheme.

Local Transport Bill [HL]
Part 3 — Bus services
14

(3B)
Any restrictions so imposed must be for the purpose of preventing or
restricting—
(a)
the provision of local services, or
(b)
the variation or withdrawal of local services,

in cases where the authority or authorities consider that any such
5
provision, or (as the case may be) variation or withdrawal, of services
might be detrimental to the provision of services under the scheme.
(3C)
Where a scheme includes any registration restrictions by virtue of
subsection (3A), it must also specify the criteria (“registration criteria”)
by reference to which the traffic commissioners are to decide whether
10
or not to accept an application for registration.
(3D)
In subsections (3A) to (3C) “registration”, in relation to any service,—
(a)
means registration of prescribed particulars of the service under
section 6 of the Transport Act 1985 (registration of local
services), and
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(b)
includes a reference to the variation or cancellation of any such
registration.”.
(5)
For subsection (6) substitute—
“(6)
The standard of services which may be specified in a scheme includes—
(a)
requirements which the vehicles being used to provide the
20
services must meet, and
(b)
requirements as to frequency or timing of the services,

but the specification of any such requirements is not to prevent
operators from providing services in excess of those requirements.”.
(6)
After subsection (6) insert—
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“(6A)
The standard of services which may be specified in a scheme may also
include requirements as to the maximum fares that may be charged for
particular journeys, or for journeys of particular descriptions, on
services to which the scheme applies.
(6B)
A scheme may include a requirement falling within subsection (6)(b) or
30
(6A) only if there are no admissible objections to the requirement from
relevant operators.

Section 122(3) to (5) makes further provision with respect to such
schemes.”.
(7)
After subsection (6B) insert—
35
“(6C)
The power to make a quality partnership scheme includes power to
provide for different facilities, or different standards of services, to be
provided under the scheme as from different dates after the scheme
comes into operation.”.
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Notice and consultation requirements
40
(1)
Section 115 of the TA 2000 (notice and consultation requirements) is amended
as follows.
(2)
In subsection (2) (contents of notice etc) after “details of the facilities and
standards of services” insert “, and of any registration restrictions and
registration criteria,”.
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