House of Commons Amendments

House of Commons

Session 2007 - 08
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Other Bills before Parliament

3395

House of Commons

Monday 27th October 2008

Consideration of Bill

Local Transport Bill [Lords], As Amended

New ClauseS

Power of authorities to provide services in exceptional circumstances

Secretary Geoff Hoon

NC9

To move the following Clause:—

‘(1)
After section 132B of the TA 2000 insert—

“132C
Power of authorities to provide services in exceptional circumstances

(1)
This section applies where a person who has agreed to provide a service

(“the old service”) in accordance with a quality contract ceases to do so
5
before the end of the period for which the contract was intended to have

effect.

(2)
The authority, or any one of the authorities, who entered into the quality

contract may, in accordance with subsections (4) to (8) and section 132D,

provide a local service (an “interim service”) in place of the old service
10
or any part of it.

(3)
Subsection (2) has effect notwithstanding any prohibition, restriction or

limitation contained in any other enactment on the power of the authority

to provide local services.

(4)
An authority who provide an interim service of any description must hold
15
a PSV operator’s licence to which no condition is attached under section

26 of the Transport Act 1985 (power of traffic commissioner to attach

conditions to licence) prohibiting the authority from using vehicles under

the licence to provide services of that description.

(5)
Subsection (6) applies if—
20
(a)
an authority provide an interim service in place of an old service

or any part of an old service, and

(b)
the authority or authorities who entered into the quality contract

for the provision of the old service propose to enter into a quality

contract for the provision of a replacement service in place of
25
that service or (as the case may be) that part.

Consideration of Bill: 27th October 2008
3396

Local Transport Bill [Lords], continued

(6)
The authority, or the authorities acting jointly, must invite tenders (in

accordance with section 130) for the provision of the replacement

service—

(a)
as soon as reasonably practicable after the authority providing
30
the interim service begin to do so, and

(b)
in any event no later than three months after the date on which

provision of the old service ceased.

(7)
But subsection (6) does not apply if the authority, or the authorities acting

jointly, decide to secure the provision of the replacement service under
35
section 131 (circumstances in which quality contracts may be entered

into without inviting tenders).

(8)
The particulars of an interim service, or of a replacement service, need

not be identical to the particulars of the old service, or that part of the old

service, which it replaces.
40
(9)
In this section—

“enactment” includes an enactment comprised in subordinate legislation

(within the meaning of the Interpretation Act 1978);

“interim service” has the meaning given by subsection (2);

“the old service” has the meaning given by subsection (1);
45
“replacement service” means a local service provided under a quality

contract in place of an old service or any part of an old service.

132D
Period for which interim service may be provided

(1)
This section applies for the purpose of determining the period for which

an authority may provide an interim service which is provided in place
50
of—

(a)
an old service (“the relevant service”), or

(b)
part of an old service (“the relevant part”).

(2)
If the authority do not, within the period of three months beginning with

the date on which provision of the relevant service ceased,—
55
(a)
enter into a quality contract to provide a replacement service in

place of the relevant service or (as the case may be) the relevant

part, or

(b)
issue an invitation to tender in pursuance of section 132C(6),


the authority must not provide the interim service after the end of that
60
period.

(3)
If the authority enter into a quality contract to provide such a replacement

service within the period mentioned in subsection (2), the authority must

not provide the interim service after the earlier of the following dates—

(a)
the date on which the replacement service is first provided;
65
(b)
the date falling nine months after the date on which the interim

service is first provided.

(4)
If the authority issue invitations to tender in pursuance of section 132C(6)

within the period mentioned in subsection (2) (but do not enter into a

quality contract to provide such a replacement service within that period),
70
the authority must not provide the interim service after the earlier of the

following dates—

(a)
the date on which a replacement service is first provided in place

of the relevant service or (as the case may be) the relevant part;

Consideration of Bill: 27th October 2008
3397

Local Transport Bill [Lords], continued

(b)
the date determined in accordance with subsection (5).
75
(5)
The date is the later of—

(a)
the date falling nine months after the date on which the interim

service is first provided;

(b)
such date, not later than three months after the date mentioned in

paragraph (a), as may be determined by the traffic commissioner
80
on the application of the authority.

(6)
The traffic commissioner may determine a date under subsection (5)(b)

only if satisfied that there is a realistic prospect that, if the determination

is made, a replacement service will be provided in place of the relevant

service or (as the case may be) the relevant part on or before that date.
85
(7)
An application under paragraph (b) of subsection (5) must be made—

(a)
to the traffic commissioner for the traffic area in which the

interim service is provided (or, if the service is provided in more

than one such area, to the traffic commissioner for any of those

areas), and
90
(b)
not later than one month before the date mentioned in paragraph

(a) of that subsection.

(8)
The authority must not make more than one application under subsection

(5)(b) in respect of any interim service.

(9)
In this section—
95
“interim service” and “replacement service” have the meaning given in

section 132C;

“the relevant service” and “the relevant part” have the meaning given in

subsection (1);


and, in any case where the authority entered into the quality contract for
100
the provision of the relevant service jointly with one or more other

authorities, references in this section to the authority entering into a

quality contract for a replacement service, or issuing invitations to tender

for such contracts, are references to those authorities acting jointly.”.

(2)
In section 162(4) of the TA 2000 (provisions where references to Passenger
105
Transport Authorities are to be read as references to Passenger Transport

Executives) at the appropriate place insert—


“section 132C,


section 132D,”.

(3)
In section 66(1) of the TA 1985 (exclusion of powers of certain councils to run
110
bus undertakings) after “subsection (2) below” insert “and to section 132C of the

Transport Act 2000”.’.

As Amendments to Secretary Geoff Hoon’s proposed New Clause (Power of

authorities to provide services in exceptional circumstances) (NC9):—

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(a)

Leave out lines 29 and 30.

Consideration of Bill: 27th October 2008
3398

Local Transport Bill [Lords], continued

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(b)

Line  31,  leave out ‘three months’ and insert ‘one month’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(c)

Leave out lines 33 to 36.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(d)

Line  53,  leave out ‘three months’ and insert ‘one month’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(e)

Line  55,  after ‘contract’, insert ‘or quality partnership’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(f)

Line  61,  after ‘contract’, insert ‘or quality partnership’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(g)

Line  65,  leave out ‘nine’ and insert ‘six’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(h)

Line  76,  leave out ‘nine’ and insert ‘six’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(i)

Leave out lines 78 to 81.

Consideration of Bill: 27th October 2008
3399

Local Transport Bill [Lords], continued

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(j)

Leave out lines 82 to 90.

Provision that may be made in an order under section 73

Secretary Geoff Hoon

NC10

To move the following Clause:—

‘(1)
An order under section 73 may make, in relation to the ITA,—

(a)
provision about its constitutional arrangements (within the meaning

given by section 78(2)),

(b)
any provision which may be made by an order under section 79, 80 or 81.
5
(2)
An order made by virtue of subsection (1)(a) which includes provision about the

number and appointment of members of the ITA must provide—

(a)
for a majority of the members of the ITA to be appointed by the ITA’s

constituent councils (see subsection (3)),

(b)
for those members to be appointed from among the elected members of
10
the constituent councils, and

(c)
for each of the representative councils (see subsection (4)) to appoint at

least one of its elected members as a member of the ITA.

(3)
For the purposes of this section, the constituent councils of an ITA are—

(a)
any county council, and
15
(b)
any district council,


for an area within the integrated transport area of the ITA.

(4)
For the purposes of subsection (2)(c), the following councils are representative

councils in respect of an area to be designated as the integrated transport area of

an ITA—
20
(a)
if that area includes the whole of a county, the county council;

(b)
if that area includes a metropolitan district or a non-metropolitan district

comprised in an area for which there is no county council, the district

council;

(c)
if that area includes one or more districts in a county but does not include
25
the whole county, either the county council or the council for each of

those districts (as determined by or in accordance with the order in

question).

(5)
If an order made by virtue of subsection (1)(a) provides for members of an ITA

to be appointed otherwise than from among the elected members of its constituent
30
councils (see subsection (2)(a) of section 78), it must provide for those members

to be non-voting members (see subsection (2)(b) of that section).

(6)
The voting members of an ITA may resolve that provision made in accordance

with subsection (5) is not to apply in the case of the ITA.’.

Consideration of Bill: 27th October 2008
3400

Local Transport Bill [Lords], continued

As Amendments to Secretary Geoff Hoon’s proposed New Clause (Provision that may

be made in an order under section 73) (NC10):—

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(a)

Line  7,  leave out ‘a majority of’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(b)

Line  12,  at end insert—

‘(d)
for those members to be appointed from among the elected members of

the different political parties represented in the constituent councils, in

such numbers as to be proportionate to the representation of political

parties on those councils’.

Provision that may be made in an order under section 78: membership of ITA

Secretary Geoff Hoon

NC11

To move the following Clause:—

‘(1)
An order made by virtue of section 78(2)(a) which includes provision about the

number and appointment of members of the ITA must provide—

(a)
for a majority of the members of the ITA to be appointed by the ITA’s

constituent councils (see subsection (2)),
5
(b)
for those members to be appointed from among the elected members of

the constituent councils, and

(c)
for each of the representative councils (see subsection (3)) to appoint at

least one of its elected members as a member of the ITA.

(2)
For the purposes of this section, the constituent councils of an ITA are—
10
(a)
any county council, and

(b)
any district council,


for an area within the integrated transport area of the ITA.

(3)
For the purposes of subsection (1)(c), the following councils are representative

councils in respect of an area which is, or is to be designated as, the integrated
15
transport area of an ITA—

(a)
if that area includes the whole of a county, the county council;

(b)
if that area includes a metropolitan district or a non-metropolitan district

comprised in an area for which there is no county council, the district

council;
20
(c)
if that area includes one or more districts in a county but does not include

the whole county, either the county council or the council for each of

those districts (as determined by or in accordance with the order).

(4)
If an order under section 78 provides (by virtue of subsection (2)(a) of that

section) for members of an ITA to be appointed otherwise than from among the

Consideration of Bill: 27th October 2008
3401

Local Transport Bill [Lords], continued

25
elected members of its constituent councils, the order must provide (by virtue of

subsection (2)(b) of that section) for those members to be non-voting members.

(5)
The voting members of an ITA may resolve that provision made in accordance

with subsection (4) is not to apply in the case of the ITA.’.

As Amendments to Secretary Geoff Hoon’s proposed New Clause (Provision that may

be made in an order under section 78: membership of ITA) (NC11):—

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(a)

Line  3,  leave out ‘a majority of’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(b)

Line  8,  at end insert—

‘(d)
for those members to be appointed from among the elected members of

the different political parties represented in the constituent councils, in

such numbers as to be proportionate to the representation of political

parties on those councils’.

Street works: reinstatement and remedial works

Secretary Geoff Hoon

NC12

To move the following Clause:—

‘(1)
The New Roads and Street Works Act 1991 (c. 22) is amended as follows.

(2)
In section 48 (streets, street works and undertakers) after subsection (3) (meaning

of “street works”) insert—

“(3A)
For the purposes of subsection (3), the works that are street works by

virtue of being works required for or incidental to street works of any

particular kind include—

(a)
reinstatement of the street, and

(b)
where an undertaker has failed to comply with his duties under

this Part with respect to reinstatement of the street, any remedial

works.”.

(3)
In section 50 (street works licences) after subsection (1) (power to grant a licence

to do certain works) insert—

“(1A)
For the purposes of subsection (1), the works that are required for or

incidental to works falling within paragraph (a) or (b) of that subsection

include—

(a)
reinstatement of the street, and