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 7 — Miscellaneous provisions
90

116
Information
(1)
Information obtained by—
(a)
any Minister of the Crown or government department, or
(b)
any local authority or other statutory body,

may be disclosed to the Welsh Ministers for or in connection with the exercise
5
of any of their functions with respect to a Welsh trunk road charging scheme
or proposed such scheme.
(2)
Any information which has been or could be disclosed to the Welsh Ministers
under subsection (1) for or in connection with the exercise of any of their
functions with respect to a Welsh trunk road charging scheme may be
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disclosed to any person with whom the Welsh Ministers have entered into
charging scheme arrangements.
(3)
Information disclosed to a person under subsection (2)—
(a)
may be disclosed to any other person for or in connection with the
Welsh trunk road charging scheme, but
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(b)
may not be disclosed (either by the person to whom it is disclosed
under subsection (2) or by any other person to whom it is disclosed
under paragraph (a)) otherwise than for or in connection with the
scheme.
(4)
The Secretary of State may charge a reasonable fee in respect of the cost of
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supplying information under subsection (1) or (2).
(5)
Where the Welsh Ministers ask the Secretary of State to obtain overseas
registration information from an overseas registration authority with a view to
the Secretary of State disclosing that information under subsection (1) or (2),
the Secretary of State may charge a reasonable fee in respect of the cost of
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obtaining, or seeking to obtain, the information.
(6)
In this section—
“charging scheme arrangements” means arrangements made in respect of
the operation of a Welsh trunk road charging scheme or relating to the
installation or operation of any equipment used for or in connection
30
with the operation of such a scheme;
“overseas registration authority” means any authority of a country or
territory outside the United Kingdom with responsibility under the law
of that country or territory for maintaining a register of vehicles;
“overseas registration information” means information derived from
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particulars contained in a register of vehicles that is maintained by an
overseas registration authority;
“Welsh trunk road charging scheme” means any scheme made by or
under an Assembly Measure relating to matter 10.1 in Part 1 of
Schedule 5 to the Government of Wales Act 2006 (c. 32).
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Goods vehicles
117
Vehicles authorised to be used under operator’s licence
(1)
In section 5 of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
(vehicles authorised to be used under operator’s licence)—
(a)
in subsection (6), for “a prescribed fee” substitute “the prescribed fee (if
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any)”;

Local Transport Bill [HL]
Part 7 — Miscellaneous provisions
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(b)
in subsection (7), after “the prescribed fee” insert “(if any)”.
(2)
Section 263 of the TA 2000 (addition of specified vehicles to operator’s licence)
is amended as follows.
(3)
In the subsection (6) that is to be substituted for section 5(6) of the Goods
Vehicles (Licensing of Operators) Act 1995 (c. 23)—
5
(a)
in the opening words, after “is not authorised to be used under that
licence by virtue of subsection (1)” insert “on or after the relevant day”;
(b)
in paragraph (b), for “a prescribed fee” substitute “the prescribed fee (if
any)”.
(4)
After that subsection add—
10
“(6A)
For the purposes of subsection (6) “the relevant day” is the latest of the
following days—
(a)
the day on which the vehicle was first in the lawful possession
of the licence holder,
(b)
the day on which the licence came into force,
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(c)
if a day not more than one month after the later of those days is
prescribed for the purpose, the day so prescribed.”.
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Vehicles used without operator’s licence: power to return detained vehicles
(1)
Schedule 1A to the Goods Vehicles (Licensing of Operators) Act 1995
(detention of vehicles used without operator’s licence) is amended as follows.
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(2)
For paragraph 8 (power to make regulations for return of detained vehicle)
substitute—
“8
Regulations may make provision authorising a vehicle detained by
virtue of paragraph 2 to be returned to the owner, in prescribed
circumstances, without the need for any application under
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paragraph 9.”.
Civil enforcement of traffic contraventions
119
Civil enforcement of traffic contraventions: meaning of “local authority”
(1)
Part 6 of the Traffic Management Act 2004 (c. 18) (civil enforcement of traffic
contraventions) is amended as follows.
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(2)
In section 76 (civil enforcement officers) at the end insert—
“(6)
In this section “local authority” includes a non-metropolitan district
council.”.
(3)
In section 85 (prohibition of double parking) at the end insert—
“(9)
In this section “local authority” includes a non-metropolitan district
35
council.”.
(4)
In section 86 (prohibition of parking at dropped footways etc) at the end
insert—
“(10)
In this section “local authority” includes a non-metropolitan district
council.”.
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Local Transport Bill [HL]
Part 7 — Miscellaneous provisions
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(5)
In section 87 (guidance to local authorities) at the end insert—
“(3)
In this section “local authority” includes a non-metropolitan district
council.”.
Foreign-registered vehicles
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Disclosure of information relating to foreign-registered vehicles
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After section 49 of the Road Safety Act 2006 (c. 49) (disclosure to foreign
authorities of licensing and registration information) insert—
“49A
Disclosure of information relating to foreign-registered vehicles
(1)
The Secretary of State may disclose information to which subsection (2)
applies to any person or body referred to in subsection (3) (subject to
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any restrictions mentioned in relation to the person or body).
(2)
This subsection applies to information that—
(a)
is derived from particulars contained in a register of vehicles
that is maintained in a country or territory outside the United
Kingdom, and
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(b)
has been obtained by the Secretary of State from the authority
or authorities of that country or territory with responsibility
under the law of that country or territory for maintaining the
register.
(3)
The persons and bodies are—
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(a)
a local authority, where the disclosure is made for any purpose
connected with the investigation of—
(i)
an offence, or
(ii)
a road traffic contravention;
(b)
Transport for London, where the disclosure is made for such a
25
purpose;
(c)
the Department of the Environment in Northern Ireland, where
the disclosure is made for any purpose connected with the
investigation of an offence;
(d)
the Department for Regional Development in Northern Ireland,
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where the disclosure is made for any purpose connected with
the investigation of a road traffic contravention;
(e)
the chief officer of police of a police force in England and Wales;
(f)
the chief constable of a police force maintained under the Police
(Scotland) Act 1967;
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(g)
a member of the Police Service of Northern Ireland;
(h)
an officer of Revenue and Customs;
(i)
an inspector of taxes, where the disclosure is made for any
purpose connected with any tax liability to which a person is or
may be subject, or the amount of any such liability;
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(j)
a person who the Secretary of State is satisfied has reasonable
cause for seeking disclosure of the information.
(4)
The Secretary of State may charge a reasonable fee in respect of the cost
of—

Local Transport Bill [HL]
Part 7 — Miscellaneous provisions
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(a)
obtaining, or seeking to obtain, information falling within
subsection (2)(a);
(b)
supplying information under subsection (1).
(5)
Nothing in this section affects any other power of the Secretary of State
to disclose information.
5
(6)
In this section—
“local authority” means—
(a)
a county council in England;
(b)
a metropolitan district council;
(c)
a non-metropolitan district council for an area for which
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there is no county council;
(d)
a London borough council;
(e)
the Common Council of the City of London;
(f)
the Council of the Isles of Scilly;
(g)
a county council or county borough council in Wales;
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(h)
a council constituted under section 2 of the Local
Government etc. (Scotland) Act 1994;
“road traffic contravention” means—
(a)
in relation to England and Wales, any contravention
falling within Schedule 7 to the Traffic Management Act
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2004;
(b)
in relation to Scotland, any act or omission that would
have been an offence but for paragraph 1(4) or (as the
case may be) 2(4) of Schedule 3 to the Road Traffic Act
1991 (control of parking in permitted and special
25
parking areas);
(c)
in relation to Northern Ireland, any contravention
falling within Schedule 1 to the Traffic Management
(Northern Ireland) Order 2005 (2005 No. 1964 (N.I. 14));
“tax” has the meaning given by section 118(1) of the Taxes
30
Management Act 1970.”.
121
Use of information relating to foreign-registered vehicles
After section 49A of the Road Safety Act 2006 (c. 49) insert—
“49B
Use of information relating to foreign-registered vehicles
(1)
The Secretary of State may use information to which section 49A(2)
35
applies for any of the purposes referred to in subsection (2).
(2)
The purposes are—
(a)
to check the accuracy of information which has been obtained
under regulations made by virtue of section 22A(2) of the
Vehicle Excise and Registration Act 1994 (vehicle identity
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checks);
(b)
to check the accuracy of records maintained by the Secretary of
State in connection with any functions exercisable by the
Secretary of State under or by virtue of that Act;
(c)
to check the accuracy of records maintained, or caused to be
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maintained, under section 45(6B) or 49(3A) of the Road Traffic
Act 1988 (records of examinations of goods and other vehicles);

Local Transport Bill [HL]
Part 8 — Supplementary provisions
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(d)
to promote compliance with section 47 or 53 of that Act
(obligatory test certificates for goods and other vehicles);
(e)
where appropriate, to amend or supplement any information
mentioned in the foregoing provisions of this subsection or
information contained in any records so mentioned;
5
(f)
to trace a non-resident parent (within the meaning of the Child
Support (Information, Evidence and Disclosure) Regulations
1992 (S.I. 1992/1812)).”.
Part 8
Supplementary provisions
10
122
Repeals

Schedule 7 contains repeals.
123
Interpretation

In this Act—
“the TA 1968” means the Transport Act 1968 (c. 73);
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“the PPVA 1981” means the Public Passenger Vehicles Act 1981 (c. 14);
“the TA 1985” means the Transport Act 1985 (c. 67);
“the GLA Act 1999” means the Greater London Authority Act 1999 (c. 29);
“the TA 2000” means the Transport Act 2000 (c. 38).
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Extent
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(1)
Subject to subsections (2) and (3), this Act extends to England and Wales only.
(2)
The following provisions also extend to Scotland—
(a)
sections 1 to 6;
(b)
section 42 and Schedule 3;
(c)
sections 48 and 49(1) to (7);
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(d)
sections 50 and 51;
(e)
sections 52 to 56;
(f)
section 63(1) and (2);
(g)
section 67;
(h)
section 69;
30
(i)
section 112;
(j)
section 115;
(k)
section 117;
(l)
section 118;
(m)
sections 120 and 121;
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(n)
sections 123, 125, 126 and this section;
(o)
the repeals in Part 3 of Schedule 7 relating to sections 22 and 23 of the
TA 1985, and section 122 so far as relating to those repeals.
(3)
The following provisions also extend to Northern Ireland—
(a)
section 115;
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(b)
sections 120 and 121;

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Part 8 — Supplementary provisions
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(c)
sections 123, 125, 126 and this section.
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Commencement
(1)
The following provisions of this Act come into force on the day on which this
Act is passed—
(a)
section 72(10);
5
(b)
this Part, other than section 122 and Schedule 7;
(c)
any power under or by virtue of this Act to make regulations, rules or
an order.
(2)
Sections 50, 51, 115, 116 and 119 come into force at the end of the period of 2
months beginning with the day on which this Act is passed.
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(3)
Subject to subsection (4), the other provisions of this Act come into force on an
appointed day.
(4)
Any repeal in Schedule 7 (and section 122 so far as relating to the repeal) comes
into force in the same way as the provisions of this Act to which the repeal
relates.
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(5)
In this section “appointed day” means such day or days as the Secretary of
State may by order made by statutory instrument appoint.
(6)
The power conferred by subsection (5) is exercisable as respects Wales by the
Welsh Ministers (and not the Secretary of State) in relation to—
(a)
Part 2;
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(b)
Part 3;
(c)
in Part 4, sections 59, 60(1), 63 to 66 and 70;
(d)
in Part 6, the amendments of the TA 2000.
(7)
An order under subsection (5)—
(a)
may appoint different days for different purposes;
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(b)
may make incidental, consequential, supplemental or transitional
provision or savings.
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Short title
This Act may be cited as the Local Transport Act 2008.