House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 27th October 2008
3409

Local Transport Bill [Lords], continued

“excluded services”, in the case of any quality contracts scheme, means any

local services, or class of local services, which are excluded from the

scheme by virtue of section 127(4);

“the existing scheme” means—

(a)
the scheme as last continued or varied, or

(b)
if the scheme has not previously been continued or varied, the

scheme as originally made;

“unregulated services” means any local services provided otherwise than—

(c)
under a contract with one or more local transport authorities, or

(d)
by an authority or authorities acting under section 132C(2)

(power to provide interim services in exceptional

circumstances);


and any reference to the coming into force of a scheme includes a

reference to the coming into force of any particular provision of it.

(8)
See also section 131C (which makes provision about appeals relating to

exempt continuation proposals).”.

(2)
In section 162 of that Act (interpretation of Part 2) insert the following definition

at the appropriate place in subsection (1)—

““exempt continuation proposal” is to be read in accordance with section

131AA,”.’.

Continuation of schemes for areas in England: procedure

Secretary Geoff Hoon

NC17

To move the following Clause:—

‘After section 131AA of the TA 2000 insert—

“131AB
Continuation of schemes for areas in England: procedure

(1)
This section has effect with respect to the continuation in operation under

section 131A (or the proposed continuation in operation under that

section) of a quality contracts scheme for an area in England (whether

with or without modifications).

(2)
If the proposal for the continuation of the scheme—

(a)
is an exempt continuation proposal, or

(b)
in a case where the authority or authorities have decided that the

scheme should continue, was such a proposal,


subsections (2) and (3) to (9) of section 127 apply in relation to the

continuation of the scheme as they apply in relation to the making of a

scheme, but with the modifications in subsection (4).

(3)
Where subsection (2) does not apply, sections 126A to 127 apply in

relation to the continuation of a scheme as they apply in relation to the

making of a scheme, but with the modifications in subsection (4).

(4)
The modifications are—

Consideration of Bill: 27th October 2008
3410

Local Transport Bill [Lords], continued

(a)
any reference to a proposal to make a scheme is to be read as a

reference to a proposal for the continuation of a scheme,

(b)
any reference to making a scheme is to be read as a reference to

deciding that a scheme should continue in operation,

(c)
any reference to the proposed scheme is to be read as a reference

to the scheme as proposed to continue in operation,

(d)
any reference to any conditions set out in any paragraphs of

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

met is to be read as a reference to those conditions being met by

the scheme as proposed to continue in operation (with any

proposed modifications),

(e)
any reference to section 125 or any provision of that section is to

be read as a reference to that section or provision as it has effect

by virtue of section 131A,

(f)
the references in section 127(2)(b) and (9)(c) to the date or dates

on which the scheme is, or provisions of the scheme are, to come

into operation are to be read as references to the day decided by

the authority or authorities by virtue of section 131A(5B),

(g)
section 127 has effect with the omission of subsection (2A)

(scheme not to come into operation until 6 months after making),


but further or different modifications, or exclusions, may also be made by

regulations under section 133(3)(b).

(5)
If, acting on the basis that the proposal for the continuation of the scheme

is an exempt continuation proposal, the authority or authorities decide

that the scheme is to continue, they must—

(a)
publish in such manner as they think fit, and within the time

allowed, a notice announcing their decision on the proposal,

(b)
supply a copy of that notice to each of the persons mentioned in

section 125(3) as it applies by virtue of section 131A in a case

where the proposal is an exempt continuation proposal, and

(c)
give notice of the decision in accordance with section 127(8) and

(9).

(6)
For the purposes of subsection (5)(a), the time allowed is the period of 6

months following the date of publication of the consultation document

required by section 125(1) as applied by section 131A.”.’.

Continuation of schemes for areas in Wales: procedure

Secretary Geoff Hoon

NC18

To move the following Clause:—

‘After section 131AB of the TA 2000 insert—

“131B
Continuation of schemes for areas in Wales: procedure

(1)
This section has effect with respect to the continuation in operation under

section 131A (or the proposed continuation in operation under that

Consideration of Bill: 27th October 2008
3411

Local Transport Bill [Lords], continued

section) of a quality contracts scheme for an area in Wales (whether with

or without modifications).

(2)
Subsections (2) and (3) to (9) of section 127 apply in relation to the

continuation of the scheme as they apply in relation to the making of a

scheme, but with the modifications in subsection (4).

(3)
Unless the proposal for the continuation of the scheme—

(a)
is an exempt continuation proposal, or

(b)
in a case where the authority or authorities have decided that the

scheme should continue, was such a proposal,


subsections (1)(b) and (1B) of section 127 also apply in relation to the

continuation of the scheme, and with the modifications in subsection (4).

(4)
The modifications are—

(a)
any reference to proposing to make a scheme is to be read as a

reference to proposing the continuation of a scheme,

(b)
any reference to making a scheme is to be read as a reference to

deciding that a scheme should continue in operation,

(c)
any reference to the proposed scheme is to be read as a reference

to the scheme as proposed to continue in operation,

(d)
the references in section 127(2)(b) and (9)(c) to the date or dates

on which the scheme is, or provisions of the scheme are, to come

into operation are to be read as references to the day decided by

the authority or authorities by virtue of section 131A(5B),


but further or different modifications, or exclusions, may also be made by

regulations under section 133(3)(b).

(5)
Subsection (6) applies in any case where—

(a)
an authority or authorities propose that a quality contracts

scheme for an area in Wales should continue in operation (with

or without modification) under section 131A, and

(b)
the proposal is not an exempt continuation proposal.

(6)
In any such case, section 126 (approval by Welsh Ministers of proposed

schemes for areas in Wales) applies in relation to a proposal for the

continuation of a scheme as it applies in relation to a proposal to make a

scheme, but with the modifications set out in subsection (7).

(7)
The modifications are—

(a)
any reference to a proposed scheme is to be read as a reference

to a proposal for a scheme to continue in operation under section

131A;

(b)
the reference in section 126(2)(a) to wishing to make a scheme is

to be read as a reference to wishing that a scheme should

continue in operation;

(c)
any reference to any conditions set out in any paragraphs of

section 124(1) being met is to be read as a reference to those

conditions being met by the scheme as proposed to continue in

operation (with any proposed modifications);

(d)
any reference to section 125 or any provision of that section is to

be read as a reference to that section or provision as it has effect

by virtue of section 131A.

Consideration of Bill: 27th October 2008
3412

Local Transport Bill [Lords], continued

(8)
If, acting on the basis that the proposal for the continuation of the scheme

is an exempt continuation proposal, the authority or authorities decide

that the scheme is to continue, they must—

(a)
publish in such manner as they think fit, and within the time

allowed, a notice announcing their decision on the proposal,

(b)
supply a copy of that notice to each of the persons mentioned in

section 125(3) as it applies by virtue of section 131A, and

(c)
give notice of the decision in accordance with section 127(8) and

(9).

(9)
For the purposes of subsection (8)(a), the time allowed is the period of 6

months following the date of publication of the consultation document

required by section 125(1)(a) as it applies by virtue of section 131A.”.’.

Exemption from s.132 for specific variations directed by Transport Tribunal

Secretary Geoff Hoon

NC19

To move the following Clause:—

‘After section 132A of the TA 2000 insert—

“132B
Exemption from s.132 for specific variations directed by Tribunal

(1)
This section applies in relation to any of the following appeals—

(a)
an appeal under section 127A against a decision to make a

scheme,

(b)
an appeal under section 131C(2)(a) against a decision that a

proposal was an exempt continuation proposal,

(c)
an appeal under section 131C(2)(b) against a decision that a

scheme should continue in operation,

(d)
an appeal under section 131D(2) against a decision that a scheme

should continue in operation,

(e)
an appeal by virtue of section 132 against a decision to vary a

scheme,

(f)
an appeal under section 132A(2)(a) against a decision that a

variation was an exempt variation for the purposes of section

132,

(g)
an appeal under section 132A(2)(b) against a decision as to the

variation of a scheme under section 132.

(2)
Where—

(a)
any such appeal is made to the Transport Tribunal, and

(b)
on that appeal, the Tribunal direct the authority or authorities to

vary the scheme in the manner specified by the Tribunal in the

direction,


nothing in section 132(5) to (9) (procedure for variation of scheme)

applies in relation to the varying of the scheme in the manner specified in

the direction, unless the Tribunal otherwise direct.

Consideration of Bill: 27th October 2008
3413

Local Transport Bill [Lords], continued

(3)
Subsection (2) is without prejudice to any right of appeal against the

decision of the Transport Tribunal.”.’.

Financial penalty deposits: powers of vehicle examiners in Scotland

Secretary Geoff Hoon

NC23

To move the following Clause:—

‘In section 90F of the Road Traffic Offenders Act 1988 (c. 53), in the definition

of “conditional offer”, after “75(3)(a)” insert “or (3B)(a)”.’.

Humber bridge tolls

Mr Greg Knight

Mr Ian Cawsey

Mr Graham Stuart

Mr Austin Mitchell

Mr Elliott Morley

Shona McIsaac

NC1

To move the following Clause:—

‘(1)
The Humber Bridge (Revision of Tolls and Vehicle Classifications Order) 2006

is amended as follows.

(2)
In the Schedule, leave out paragraph 2 and insert—

“2
The scale of charges referred to in article 2 of this Order shall be as

follows:

(1)
(2)

Class of Traffic
Maximum Toll

1
Motor cycle with or without sidecar
Nil

2
Motor Car
£0.60

Motor Caravan

Goods Vehicle having a maximum weight

not exceeding 3.5 tonnes

3
Goods Vehicle having a maximum weight
£1.20

exceeding 3.5 tonnes but not exceeding 7.5

tonnes

Vehicle in class 2 above with trailer

Small Bus

4
Goods Vehicle exceeding 7.5 tonnes
£2.70

maximum weight with 2 axles

Large Bus

5
Goods Vehicle exceeding 7. 5 tonnes

maximum weight with 3 axles

6
Goods Vehicle exceeding 7.5 tonnes
£4.50

maximum weight with 4 or more axles

Consideration of Bill: 27th October 2008
3414

Local Transport Bill [Lords], continued

(1)
(2)

Class of Traffic
Maximum Toll

7
Any other vehicle using the Bridge and not
The maximum toll charged

specifically identified in the above classes of
shall not exceed the toll

traffic shall be charged a toll by reference to
specified in column (2) for

the vehicle’s maximum weight and number
classes of traffic 2 to 6 for a

of axles.
vehicle with the same

maximum weight and number

of axles

8
Pedestrians
  Nil

9
Pedal cycles
     Nil”.’.

Severn bridge tolls (non-cash payment)

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

NC2

To move the following Clause:—

‘(1)
The Severn Bridge Regulations 1993 (S.I. 1595) are amended as follows.

(2)
In sub-paragraph 5(1), after “cash” insert “, or by debit or credit card” and after

“coins”, insert “, debit or credit card”.’.

Consideration of Bill: 27th October 2008
3415

Local Transport Bill [Lords], continued

Local charging schemes (referenda)

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

Mr Greg Knight

NC3

To move the following Clause:—

‘(1)
A local charging scheme may only be made after consultation with the local

population.

(2)
As part of that consultation, the relevant authorities may undertake a referendum

of local residents.

(3)
Any referendum should take place either—

(a)
within 12 months prior to the proposed introduction of the scheme, or

(b)
within 12 months after the introduction of the scheme.

(4)
All persons will be eligible to vote in the referendum provided they—

(a)
live within the area of the proposed scheme;

(b)
are eligible to vote in local elections within one of the relevant

authorities.

(5)
If the relevant authorities undertake a referendum, the result of that referendum

shall be binding upon the authorities for a period of 12 months.’.

Reimbursement of bus travel concession authorities

Norman Baker

Mr John Leech

NC4

To move the following Clause:—

‘Where a travel concession authority has responsibility for the administration of

the national concessionary bus travel scheme, including the reimbusement of

operators as defined under section 3(2) of the Concessionary Bus Travel Act 2007

(c. 13) (reimbursement of operators), the Secretary of State shall reimburse the

authority the full costs of doing so.’.

Foreign-registered haulage vehicle road user charging

Norman Baker

Mr John Leech

NC5

To move the following Clause:—

‘(1)
Section 167 of the Transport Act 2000 is amended as follows.

(2)
For subsection (2) substitute—