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| Local Transport Bill [Lords], As Amended
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| | Power of authorities to provide services in exceptional circumstances |
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| To move the following Clause:— |
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| | ‘(1) | After section 132B of the TA 2000 insert— |
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| | “132C | Power of authorities to provide services in exceptional circumstances |
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| | (1) | This section applies where a person who has agreed to provide a service |
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| | (“the old service”) in accordance with a quality contract ceases to do so |
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5 | | before the end of the period for which the contract was intended to have |
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| | (2) | The authority, or any one of the authorities, who entered into the quality |
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| | contract may, in accordance with subsections (4) to (8) and section 132D, |
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| | provide a local service (an “interim service”) in place of the old service |
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10 | | |
| | (3) | Subsection (2) has effect notwithstanding any prohibition, restriction or |
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| | limitation contained in any other enactment on the power of the authority |
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| | to provide local services. |
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| | (4) | An authority who provide an interim service of any description must hold |
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15 | | a PSV operator’s licence to which no condition is attached under section |
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| | 26 of the Transport Act 1985 (power of traffic commissioner to attach |
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| | conditions to licence) prohibiting the authority from using vehicles under |
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| | the licence to provide services of that description. |
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| | (5) | Subsection (6) applies if— |
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20 | | (a) | an authority provide an interim service in place of an old service |
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| | or any part of an old service, and |
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| | (b) | the authority or authorities who entered into the quality contract |
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| | for the provision of the old service propose to enter into a quality |
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| | contract for the provision of a replacement service in place of |
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25 | | that service or (as the case may be) that part. |
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| | (6) | The authority, or the authorities acting jointly, must invite tenders (in |
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| | accordance with section 130) for the provision of the replacement |
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| | (a) | as soon as reasonably practicable after the authority providing |
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30 | | the interim service begin to do so, and |
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| | (b) | in any event no later than three months after the date on which |
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| | provision of the old service ceased. |
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| | (7) | But subsection (6) does not apply if the authority, or the authorities acting |
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| | jointly, decide to secure the provision of the replacement service under |
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35 | | section 131 (circumstances in which quality contracts may be entered |
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| | into without inviting tenders). |
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| | (8) | The particulars of an interim service, or of a replacement service, need |
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| | not be identical to the particulars of the old service, or that part of the old |
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| | service, which it replaces. |
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40 | | |
| | “enactment” includes an enactment comprised in subordinate legislation |
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| | (within the meaning of the Interpretation Act 1978); |
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| | “interim service” has the meaning given by subsection (2); |
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| | “the old service” has the meaning given by subsection (1); |
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45 | | “replacement service” means a local service provided under a quality |
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| | contract in place of an old service or any part of an old service. |
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| | 132D | Period for which interim service may be provided |
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| | (1) | This section applies for the purpose of determining the period for which |
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| | an authority may provide an interim service which is provided in place |
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50 | | |
| | (a) | an old service (“the relevant service”), or |
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| | (b) | part of an old service (“the relevant part”). |
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| | (2) | If the authority do not, within the period of three months beginning with |
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| | the date on which provision of the relevant service ceased,— |
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55 | | (a) | enter into a quality contract to provide a replacement service in |
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| | place of the relevant service or (as the case may be) the relevant |
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| | (b) | issue an invitation to tender in pursuance of section 132C(6), |
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| | | the authority must not provide the interim service after the end of that |
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60 | | |
| | (3) | If the authority enter into a quality contract to provide such a replacement |
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| | service within the period mentioned in subsection (2), the authority must |
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| | not provide the interim service after the earlier of the following dates— |
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| | (a) | the date on which the replacement service is first provided; |
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65 | | (b) | the date falling nine months after the date on which the interim |
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| | service is first provided. |
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| | (4) | If the authority issue invitations to tender in pursuance of section 132C(6) |
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| | within the period mentioned in subsection (2) (but do not enter into a |
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| | quality contract to provide such a replacement service within that period), |
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70 | | the authority must not provide the interim service after the earlier of the |
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| | (a) | the date on which a replacement service is first provided in place |
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| | of the relevant service or (as the case may be) the relevant part; |
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| | (b) | the date determined in accordance with subsection (5). |
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75 | | (5) | The date is the later of— |
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| | (a) | the date falling nine months after the date on which the interim |
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| | service is first provided; |
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| | (b) | such date, not later than three months after the date mentioned in |
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| | paragraph (a), as may be determined by the traffic commissioner |
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80 | | on the application of the authority. |
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| | (6) | The traffic commissioner may determine a date under subsection (5)(b) |
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| | only if satisfied that there is a realistic prospect that, if the determination |
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| | is made, a replacement service will be provided in place of the relevant |
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| | service or (as the case may be) the relevant part on or before that date. |
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85 | | (7) | An application under paragraph (b) of subsection (5) must be made— |
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| | (a) | to the traffic commissioner for the traffic area in which the |
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| | interim service is provided (or, if the service is provided in more |
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| | than one such area, to the traffic commissioner for any of those |
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90 | | (b) | not later than one month before the date mentioned in paragraph |
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| | (8) | The authority must not make more than one application under subsection |
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| | (5)(b) in respect of any interim service. |
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95 | | “interim service” and “replacement service” have the meaning given in |
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| | “the relevant service” and “the relevant part” have the meaning given in |
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| | | and, in any case where the authority entered into the quality contract for |
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100 | | the provision of the relevant service jointly with one or more other |
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| | authorities, references in this section to the authority entering into a |
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| | quality contract for a replacement service, or issuing invitations to tender |
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| | for such contracts, are references to those authorities acting jointly.”. |
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| | (2) | In section 162(4) of the TA 2000 (provisions where references to Passenger |
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105 | | Transport Authorities are to be read as references to Passenger Transport |
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| | Executives) at the appropriate place insert— |
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| | (3) | In section 66(1) of the TA 1985 (exclusion of powers of certain councils to run |
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110 | | bus undertakings) after “subsection (2) below” insert “and to section 132C of the |
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| | As Amendments to Secretary Geoff Hoon’s proposed New Clause (Power of |
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| | authorities to provide services in exceptional circumstances) (NC9):— |
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| Leave out lines 29 and 30. |
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| Line 31, leave out ‘three months’ and insert ‘one month’. |
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| Leave out lines 33 to 36. |
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| Line 53, leave out ‘three months’ and insert ‘one month’. |
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| Line 55, after ‘contract’, insert ‘or quality partnership’. |
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| Line 61, after ‘contract’, insert ‘or quality partnership’. |
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| Line 65, leave out ‘nine’ and insert ‘six’. |
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| Line 76, leave out ‘nine’ and insert ‘six’. |
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| Leave out lines 78 to 81. |
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| Leave out lines 82 to 90. |
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| | Provision that may be made in an order under section 73 |
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| To move the following Clause:— |
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| | ‘(1) | An order under section 73 may make, in relation to the ITA,— |
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| | (a) | provision about its constitutional arrangements (within the meaning |
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| | (b) | any provision which may be made by an order under section 79, 80 or 81. |
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5 | | (2) | An order made by virtue of subsection (1)(a) which includes provision about the |
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| | number and appointment of members of the ITA must provide— |
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| | (a) | for a majority of the members of the ITA to be appointed by the ITA’s |
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| | constituent councils (see subsection (3)), |
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| | (b) | for those members to be appointed from among the elected members of |
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10 | | the constituent councils, and |
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| | (c) | for each of the representative councils (see subsection (4)) to appoint at |
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| | least one of its elected members as a member of the ITA. |
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| | (3) | For the purposes of this section, the constituent councils of an ITA are— |
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| | (a) | any county council, and |
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15 | | (b) | any district council, |
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| | | for an area within the integrated transport area of the ITA. |
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| | (4) | For the purposes of subsection (2)(c), the following councils are representative |
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| | councils in respect of an area to be designated as the integrated transport area of |
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20 | | (a) | if that area includes the whole of a county, the county council; |
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| | (b) | if that area includes a metropolitan district or a non-metropolitan district |
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| | comprised in an area for which there is no county council, the district |
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| | (c) | if that area includes one or more districts in a county but does not include |
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25 | | the whole county, either the county council or the council for each of |
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| | those districts (as determined by or in accordance with the order in |
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| | (5) | If an order made by virtue of subsection (1)(a) provides for members of an ITA |
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| | to be appointed otherwise than from among the elected members of its constituent |
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30 | | councils (see subsection (2)(a) of section 78), it must provide for those members |
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| | to be non-voting members (see subsection (2)(b) of that section). |
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| | (6) | The voting members of an ITA may resolve that provision made in accordance |
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| | with subsection (5) is not to apply in the case of the ITA.’. |
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| | As Amendments to Secretary Geoff Hoon’s proposed New Clause (Provision that may |
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| | be made in an order under section 73) (NC10):— |
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| Line 7, leave out ‘a majority of’. |
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| | ‘(d) | for those members to be appointed from among the elected members of |
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| | the different political parties represented in the constituent councils, in |
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| | such numbers as to be proportionate to the representation of political |
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| | parties on those councils’. |
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| | Provision that may be made in an order under section 78: membership of ITA |
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| To move the following Clause:— |
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| | ‘(1) | An order made by virtue of section 78(2)(a) which includes provision about the |
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| | number and appointment of members of the ITA must provide— |
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| | (a) | for a majority of the members of the ITA to be appointed by the ITA’s |
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| | constituent councils (see subsection (2)), |
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5 | | (b) | for those members to be appointed from among the elected members of |
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| | the constituent councils, and |
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| | (c) | for each of the representative councils (see subsection (3)) to appoint at |
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| | least one of its elected members as a member of the ITA. |
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| | (2) | For the purposes of this section, the constituent councils of an ITA are— |
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10 | | (a) | any county council, and |
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| | (b) | any district council, |
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| | | for an area within the integrated transport area of the ITA. |
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| | (3) | For the purposes of subsection (1)(c), the following councils are representative |
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| | councils in respect of an area which is, or is to be designated as, the integrated |
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15 | | transport area of an ITA— |
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| | (a) | if that area includes the whole of a county, the county council; |
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| | (b) | if that area includes a metropolitan district or a non-metropolitan district |
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| | comprised in an area for which there is no county council, the district |
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20 | | (c) | if that area includes one or more districts in a county but does not include |
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| | the whole county, either the county council or the council for each of |
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| | those districts (as determined by or in accordance with the order). |
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| | (4) | If an order under section 78 provides (by virtue of subsection (2)(a) of that |
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| | section) for members of an ITA to be appointed otherwise than from among the |
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25 | | elected members of its constituent councils, the order must provide (by virtue of |
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| | subsection (2)(b) of that section) for those members to be non-voting members. |
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| | (5) | The voting members of an ITA may resolve that provision made in accordance |
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| | with subsection (4) is not to apply in the case of the ITA.’. |
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| | As Amendments to Secretary Geoff Hoon’s proposed New Clause (Provision that may |
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| | be made in an order under section 78: membership of ITA) (NC11):— |
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| Line 3, leave out ‘a majority of’. |
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| | ‘(d) | for those members to be appointed from among the elected members of |
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| | the different political parties represented in the constituent councils, in |
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| | such numbers as to be proportionate to the representation of political |
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| | parties on those councils’. |
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| | Street works: reinstatement and remedial works |
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| To move the following Clause:— |
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| | ‘(1) | The New Roads and Street Works Act 1991 (c. 22) is amended as follows. |
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| | (2) | In section 48 (streets, street works and undertakers) after subsection (3) (meaning |
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| | of “street works”) insert— |
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| | “(3A) | For the purposes of subsection (3), the works that are street works by |
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| | virtue of being works required for or incidental to street works of any |
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| | (a) | reinstatement of the street, and |
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| | (b) | where an undertaker has failed to comply with his duties under |
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| | this Part with respect to reinstatement of the street, any remedial |
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| | (3) | In section 50 (street works licences) after subsection (1) (power to grant a licence |
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| | to do certain works) insert— |
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| | “(1A) | For the purposes of subsection (1), the works that are required for or |
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| | incidental to works falling within paragraph (a) or (b) of that subsection |
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| | (a) | reinstatement of the street, and |
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