House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 27th October 2008
3402

Local Transport Bill [Lords], continued

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

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

works.”.’.

Advice by boards or their Commissioners

Secretary Geoff Hoon

NC13

To move the following Clause:—

‘After section 126A insert—

“126AA
Advice by boards or their Commissioners

(1)
This section applies at any time after the traffic commissioner who is to

chair the QCS board for the proposed scheme has been designated under

section 126A.

(2)
The QCS board may give advice about matters of a procedural nature to

any person who requests it before the end of the appropriate period.

(3)
For the purposes of subsection (2), the end of the appropriate period is—

(a)
the date on which a scheme is made, or

(b)
if no scheme is made, the date on which the authority or

authorities give notice to the board under section 126AB(7) that

they have decided not to proceed with the proposed scheme.

(4)
The board may not, under subsection (2), give advice about the merits of

the proposed scheme.

(5)
If the Secretary of State thinks it appropriate to do so in connection with

securing propriety in the giving of advice under subsection (2), the

Secretary of State may by regulations make provision about the giving of

advice under that subsection (but not about what the advice is to be).

(6)
In particular, regulations under subsection (5) may make provision that

has the effect that—

(a)
a person’s request for advice under subsection (2), or

(b)
advice given under subsection (2) to a person,


must be, or may be, disclosed by the board to persons other than that

person or to the public generally.

(7)
In relation to requests received at any time before the members of the

board have been designated, the functions of the board under this section

are exercisable on behalf of the board by the traffic commissioner who

has been designated to chair the board.”.’.

Consideration of Bill: 27th October 2008
3403

Local Transport Bill [Lords], continued

Consideration of proposed schemes by boards

Secretary Geoff Hoon

NC14

To move the following Clause:—

‘After section 126AA insert—

“126AB
Requests for boards to begin consideration etc of proposed schemes

(1)
This section applies in any case where—

(a)
the proposed scheme is for an area in England, and
5
(b)
the authority or authorities have complied with the requirements

of section 125(1) to (3).

(2)
If the authority or authorities wish to proceed with the proposed scheme,

they must send each of the following to the QCS board as soon as

reasonably practicable after the end of the consultation period—
10
(a)
copies of all written responses received from the persons

consulted,

(b)
information about representations made orally at meetings or

other events held by the authority or authorities during the

consultation period,
15
(c)
a summary of the action which the authority or authorities have

taken to comply with the requirements of section 125(1) to (3).

(3)
The authority or authorities must have complied with subsection (2)

before they send the board a request under subsection (4).

(4)
When the authority or authorities consider it appropriate to do so, they are
20
to send to the board a written request for it to begin the performance of

its functions under section 126AC in relation to the proposed scheme.

(5)
If the authority or authorities send the board a request under subsection

(4), they must also—

(a)
publish the request,
25
(b)
send to the board a copy of the proposed scheme that it is to

consider under section 126AC,

(c)
if the proposed scheme mentioned in section 125(2) differs from

the proposed scheme mentioned in paragraph (b), publish a

notice stating where a copy of the proposed scheme mentioned
30
in paragraph (b) may be inspected.

(6)
If, following the sending of a request under subsection (4), the authority

or authorities—

(a)
modify the proposed scheme under section 125(5) or section

126AC(7), and
35
(b)
desire the QCS board to exercise its functions under section

126AC in relation to the proposed scheme, as modified,


they may send the board a further request under subsection (4).

(7)
If at any time the authority or authorities decide not to proceed with the

proposed scheme, they must—
40
(a)
give written notice of that decision to the QCS board, and

(b)
publish notice that they have done so.

Consideration of Bill: 27th October 2008
3404

Local Transport Bill [Lords], continued

126AC
Consideration of proposed schemes by boards

(1)
Following receipt of a request from the authority or authorities under

section 126AB(4), the QCS board is to consider the proposed scheme
45
and—

(a)
form an opinion whether the conditions set out in the paragraphs

of section 124(1) or, as the case may be, of section 124(1A) are

met in the case of the proposed scheme;

(b)
form an opinion whether the authority or authorities have
50
complied with the requirements of section 125(1) to (3).

(2)
If the board is of the opinion that the conditions mentioned in subsection

(1)(a) are not met, it may make recommendations as to actions that the

authority or authorities might take in response to that opinion.

(3)
If the board is of the opinion that the authority or authorities have not
55
complied with the requirements of section 125(1) to (3), it may make

recommendations as to actions that the authority or authorities might take

in response to that opinion.

(4)
If, in performing its functions under subsection (1)(b), the board is of the

opinion that any person who was not consulted under section 125(3)
60
ought to have been so consulted, that person has—

(a)
the rights of appeal under section 127A that are conferred by

virtue of subsection (3)(b) of that section, or

(b)
in a case where this section applies by virtue of section 131AB(3)

(non-exempt proposal to continue scheme), the rights of appeal
65
under section 131D that are conferred by virtue of subsection

(3)(b) of that section.

(5)
The board is to give notice to the authority or authorities of—

(a)
the opinions that it has formed on the questions in paragraphs (a)

and (b) of subsection (1),
70
(b)
any recommendations that it makes under subsection (2) or (3),

(c)
its reasons for forming those opinions and making any such

recommendations,


and is to publish a report stating those opinions, recommendations and

reasons.
75
(6)
If, in a case where the board makes recommendations under subsection

(3), the authority or authorities take the action recommended by the board

and publish notice that they have done so, this Part has effect as if—

(a)
the authority or authorities had complied with the requirements

of section 125(1) to (3) to which the recommendations relate, and
80
(b)
the opinion formed by the board on the question in subsection

(1)(b) had included (and had been stated in the report as

including) the opinion that the authority or authorities had

complied with those requirements.

(7)
Following receipt of the notice under subsection (5), the authority or
85
authorities may modify the proposed scheme.

(8)
If the authority or authorities—

(a)
modify the proposed scheme by virtue of subsection (7) or

section 125(5), and

Consideration of Bill: 27th October 2008
3405

Local Transport Bill [Lords], continued

(b)
send the board a request under section 126AB(4) by virtue of
90
section 126AB(6),


this section has effect with such modifications or exclusions as may be

prescribed by regulations under section 126B or 133.”.’.

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

proposed schemes by boards) (NC14):—

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(a)

Line  16,  at end insert—

‘(d)
copies of all documents sent out by the authority or authorities, whether

as part of the consultation or in response to written responses from the

persons consulted.

(2A)
If the authority or authorities wish to proceed with the proposed scheme, they

must send to the QCS board as soon as reasonably practicable after the beginning

of the consultation period a copy of the consultation document.’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(b)

Line  53,  at end insert ‘or may recommend the authority or authorities to withdraw

the request’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(c)

Line  57,  at end insert ‘or may direct the authority or authorities as to which

actions it should undertake if the request is to comply with the requirements of

section 125(1) to (3)’.

Appeals against the making of schemes for areas in England

Secretary Geoff Hoon

NC15

To move the following Clause:—

‘(1)
After section 127 of the TA 2000 insert—

“127A
Appeals against the making of schemes for areas in England

(1)
This section applies where an authority or authorities make a quality

contracts scheme for an area in England.
5
(2)
Any person falling within subsection (3) may appeal to the Transport

Tribunal against the decision of the authority or authorities to make the

scheme.

Consideration of Bill: 27th October 2008
3406

Local Transport Bill [Lords], continued

(3)
The persons are—

(a)
any person who was consulted under section 125(3),
10
(b)
any person who was not consulted under section 125(3) but who,

in the opinion of the QCS board under section 126AC(1)(b),

ought to have been so consulted.

(4)
An appeal under this section may be—

(a)
on a point of law, or
15
(b)
on a question of fact, unless subsection (5) prevents it.

(5)
No appeal lies under this section on a question of fact (and no question

of fact is to be entertained by the Tribunal on an appeal under this section)

in any case where subsection (6) applies.

(6)
This subsection applies if the QCS board stated in its report under section
20
126AC(5) that it is of the opinion—

(a)
that the conditions in the paragraphs of section 124(1) or, as the

case may be, of section 124(1A) are met, and

(b)
that the authority or authorities have complied with the

requirements of section 125(1) to (3) (or are by virtue of section
25
126AC(6) to be taken to have complied with those requirements

by virtue of having taken any action recommended by the board

in any previous reports),


and if the scheme, as made, corresponds to the proposed scheme to which

that report relates.
30
(7)
The authority or authorities may issue invitations to tender in accordance

with section 130(1) notwithstanding the lodging of any appeal under or

by virtue of this section.

127B
Powers of the Transport Tribunal on an appeal under section 127A

(1)
On an appeal under section 127A the Transport Tribunal shall have
35
power—

(a)
to make such order as they think fit, or

(b)
to remit any matter (with or without directions) to the authority

or authorities for their consideration or determination or for such

other purposes as the Tribunal may direct.
40
(2)
The powers of the Tribunal on an appeal under section 127A include

power to do any one or more of the following—

(a)
dismiss the appeal in whole or in part,

(b)
remit the matter to the authority or authorities with one or more

directions under subsection (3),
45
(c)
direct the authority or authorities to vary the scheme in such

manner as the Tribunal may specify in the direction (but see

subsection (4)),

(d)
quash the decision of the authority or authorities (but see

subsection (5)).
50
(3)
A direction under this subsection is a direction for the authority or

authorities to do each of the following—

(a)
consider or reconsider such matters as may be specified in the

direction,

(b)
consult or further consult as respects those matters in such
55
manner as may be specified in the direction,

Consideration of Bill: 27th October 2008
3407

Local Transport Bill [Lords], continued

(c)
vary the scheme in such respects as may in consequence appear

appropriate to the authority or authorities.

(4)
The Tribunal may give a direction under this section to vary the scheme

by reducing the area to which the scheme relates only if they are of the
60
opinion that the conditions in section 132(3) are met.

(5)
The power of the Tribunal under this section to quash the decision of the

authority or authorities is exercisable only if the Tribunal are of the

opinion that there are defects in the scheme which are not capable of

being remedied by varying the scheme under or by virtue of subsection
65
(2)(b) or (c).

(6)
Where, on an appeal under section 127A, the Tribunal exercises any

power falling within paragraph (b) of subsection (2) above, the only

further appeal allowed under that section is an appeal against a decision

of the authority or authorities to vary, or not to vary, the scheme by virtue
70
of subsection (3)(c).”.’.

(2)
In section 162(4) of the TA 2000 (provisions where references to Passenger

Transport Authorities or Integrated Transport Authorities are to be read as

references to Passenger Transport Executives) insert at the appropriate place in

the list of provisions—
75
“section 127A(7),”.’.

As Amendments to Secretary Geoff Hoon’s proposed New Clause (Appeals against the

making of schemes for areas in England) (NC15):—

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(a)

Line  15,  leave out ‘unless subsection (5) prevents it’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(b)

Leave out lines 16 to 29.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(c)

Line  48,  leave out from ‘authorities’ to end of line 49.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

(d)

Leave out lines 61 to 65.

Consideration of Bill: 27th October 2008
3408

Local Transport Bill [Lords], continued

Exempt continuation proposals

Secretary Geoff Hoon

NC16

To move the following Clause:—

‘(1)
After section 131A of the TA 2000 insert—

“131AA
Meaning of “exempt continuation proposal”

(1)
For the purposes of this Part a proposal that a quality contracts scheme

should continue in operation is an “exempt continuation proposal” if—

(a)
any one or more of Conditions 1 to 3 are met and Conditions A

and B are met, or

(b)
the circumstances are as prescribed in regulations made by the

appropriate national authority.

(2)
Condition 1 is that it is not proposed that the area to which the

continuation scheme relates is to be greater than the area to which the

existing scheme relates.

(3)
Condition 2 is that it is proposed that the area to which the continuation

scheme relates is to be greater than the area to which the existing scheme

relates, but—

(a)
the additional area proposed to be included falls wholly within

the area or combined area of the authority or authorities

proposing the continuation of the scheme, and

(b)
it is not proposed that under the continuation scheme any

descriptions of local services are to be provided under quality

contracts in addition to the descriptions of local services so

provided under the existing scheme.

(4)
Condition 3 is that during the period while the existing scheme has been

in force—

(a)
there has been a change in the area of the authority, or of any of

the authorities, that last made or continued the scheme, or

(b)
a different authority has become the local transport authority for

some or all of the area to which the scheme relates,


but it is not proposed that under the continuation scheme any descriptions

of local services are to be provided under quality contracts in addition to

the descriptions of local services so provided under the existing scheme.

(5)
Condition A is that it is not proposed under the continuation scheme that

any local services which, immediately before the coming into force of

that scheme, were unregulated services are under the continuation

scheme to be provided under quality contracts.

(6)
Condition B is that it is not proposed under the continuation scheme that

any services which, immediately before the coming into force of that

scheme, were excluded services in the case of the existing scheme are not

to be excluded services in the case of the continuation scheme.

(7)
In this section—

“the continuation scheme” means the scheme as proposed to continue in

operation;