|
| |
| | |
| | |
| |
| | | “(2) | A quality contracts scheme may not be made unless the authority or |
|
| | | |
| | | (a) | have complied with the requirements of section 125, |
|
| | | (b) | in the case of a scheme for an area in Wales, have obtained the |
|
| | | approval of the Welsh Ministers in accordance with section 126, |
|
| | | |
| | | (c) | in the case of a scheme for an area in England, meet the |
|
| | | requirements of subsection (2A). |
|
| | | (2A) | The requirements are that the authority or authorities— |
|
| | | (a) | have published under section 126AB(5) the request which they |
|
| | | sent to the QCS board under section 126AB(4), and |
|
| | | (b) | publish, in accordance with section 127(1A), a response |
|
| | | prepared by them to the report published by the QCS board under |
|
| | | section 126AC(5) in relation to the scheme.”.’. |
|
| | |
| | |
| | | |
| | Page 18, line 27 [Clause 19], leave out subsection (3) and insert— |
|
| | | ‘(3) | Leave out subsection (2)(b) and insert— |
|
| | | “(2) | (b) have consulted the appropriate consulting authority in accordance |
|
| | | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 18, line 27 [Clause 19], leave out subsection (3) and insert— |
|
| | | ‘(3) | In subsection (2) omit paragraph (b) and the word “and” before it.’. |
|
| | |
| | | |
| | Page 18, line 29 [Clause 19], at end insert— |
|
| | | ‘( ) | In subsection (3)(b) (under quality contracts scheme local services to be provided |
|
| | | only under quality contracts) after “section 127(4)” insert “and section 132C”.’. |
|
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 18, line 39 [Clause 19], at end insert— |
|
| | | ‘(6) | After subsection 13 insert— |
|
| | | “(14) | For the purposes of determining whether or not the criteria set out in |
|
| | | subsection (1) would be satisfied by any proposed scheme, an authority |
|
| | | or authorities may cause to be held such inquiries and in such manner as |
|
| | | |
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 18, line 43 [Clause 20], leave out from beginning to end of line 2 on page 19 |
|
| | |
| | | ‘(2) | For subsection (1) substitute— |
|
| | | “(1) | Prior to making a quality contracts scheme the authority or authorities |
|
| | | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 19, line 2 [Clause 20], at end insert— |
|
| | | ‘( ) | Give notice of the proposal to make the scheme— |
|
| | | (a) | if the area to which the proposed scheme relates is in England, to the |
|
| | | senior traffic commissioner; or |
|
| | | (b) | if the area to which the proposed scheme relates is in Wales, to the Welsh |
|
| | | |
| | |
| | |
| | |
| | | |
| | Page 19, line 3 [Clause 20], leave out ‘in such a manner as they think fit’. |
|
| | |
| | |
| | |
| | | |
| | Page 19, line 6 [Clause 20], after ‘subsection (3)’, insert— |
|
| | | ‘(c) | supply a copy of that document to— |
|
| | | (i) | the chief fire officer for each fire area covering the whole or part |
|
| | | |
| | | (ii) | the head of the local ambulance service for each area covering |
|
| | | the whole or part of that area; |
|
| | | (iii) | all persons living within 150 metres of any part of the route as |
|
| | | specified in the proposed scheme; |
|
| | | (iv) | representatives of local groups representing disabled people’. |
|
| | |
| | | |
| | Page 19, line 6 [Clause 20], leave out ‘and’. |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 19, line 9 [Clause 20], after ‘relates’, insert ‘, and |
|
| | | (d) | if the proposed scheme relates to an area in England, send a copy of that |
|
| | | notice to the senior traffic commissioner as soon as reasonably |
|
| | | practicable after its publication.’. |
|
| | |
| | | |
| | Page 19, line 30 [Clause 20], at end insert— |
|
| | | ‘(f) | the date by which any written responses to the consultation must be |
|
| | | submitted to the authority or authorities.’. |
|
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 19, line 30 [Clause 20], at end insert— |
|
| | | ‘(f) | a statement that all consultees may copy any comments they wish to |
|
| | | make to the appropriate consultation authority, setting out details of the |
|
| | | appropriate consultation authority.’. |
|
| | |
| | | |
| | Page 19, line 36 [Clause 20], at end insert— |
|
| | | ‘(1C) | In subsection (1A)(e) “chief finance officer”, in relation to a local transport |
|
| | | authority, means that officer of the authority who is responsible under— |
|
| | | (a) | section 151 of the Local Government Act 1972, or |
|
| | | (b) | section 73 of the Local Government Act 1985, |
|
| | | | for making arrangements for the proper administration of the financial affairs of |
|
| | | |
| | |
| | | |
| | Page 19, line 41 [Clause 20], at end insert— |
|
| | | ‘(4A) | In subsection (3) (consultees) at the beginning of paragraph (e) (traffic |
|
| | | commissioners for the area of the scheme) insert “if the proposed scheme relates |
|
| | | |
| | |
| | | |
| | Page 19 [Clause 20], leave out lines 42 to 47. |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 20, line 1, leave out Clause 21. |
|
| | |
| | | |
| | Page 20, line 3 [Clause 21], at end insert— |
|
| | | ‘(1A) | Before subsection (1) insert— |
|
| | | “(A1) | This section has effect in any case where the scheme or proposed scheme |
|
| | | relates to an area in Wales.”.’. |
|
| | |
| | | |
| | Page 20, line 3 [Clause 21], at end insert— |
|
| | | ‘(1B) | In subsection (1) (which refers to compliance with section 125) after “complied |
|
| | | with” insert “the requirements of”.’. |
|
| | |
| | | |
| | Page 20, line 4 [Clause 21], leave out subsections (2) and (3). |
|
| | |
| | | |
| | Page 20, line 12 [Clause 21], at end insert— |
|
| | | ‘( ) | In subsection (3) (right of person consulted under section 125(3) to make |
|
| | | representations) for “consulted” substitute “who was consulted, or who is |
|
| | | aggrieved at not being consulted,”.’. |
|
| | |
| | | |
| | Page 20, line 13 [Clause 21], after ‘(4)(a)’, insert ‘— |
|
| | | |
| | |
| | | |
| | Page 20, line 14 [Clause 21], at end insert ‘, and |
|
| | | (b) | omit “or (as the case may be) paragraphs (a) to (d) of section 124(1A)”.’. |
|
| | |
| | | |
| | Page 20, line 15 [Clause 21], leave out subsection (5). |
|
| | |
| | | |
| | Page 20, line 18 [Clause 21], at end insert— |
|
| | | ‘(6) | The heading to the section accordingly becomes “Approval of proposed schemes |
|
| | | |
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 20, line 21 [Clause 22], leave out ‘approvals’ and insert ‘consultation’. |
|
| | |
| | | |
| | Page 20 [Clause 22], leave out lines 22 and 23 and insert— |
|
| | | ‘(1) | Where the senior traffic commissioner receives a copy of a notice sent by the |
|
| | | authority or authorities pursuant to section 125(1)(d), a board (a “QCS board”) is |
|
| | | to be constituted in accordance with the provisions of this Part to discharge the |
|
| | | functions of such a board in relation to the proposed scheme. |
|
| | | (1A) | The board is to consist of 3 members.’. |
|
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 20, line 22 [Clause 22], leave out ‘an approvals’ and insert ‘a consultation’. |
|
| | |
| | | |
| | Page 20 [Clause 22], leave out lines 29 and 30 and insert— |
|
| | | ‘(4) | Within a prescribed period of receiving the copy of the notice mentioned in |
|
| | | subsection (1), the senior traffic commissioner is to— |
|
| | | (a) | designate the traffic commissioner who is to be the Commissioner in the |
|
| | | case of the particular board, |
|
| | | (b) | give notice of that designation to the authority or authorities, in |
|
| | | accordance with the prescribed procedure, identifying the person |
|
| | | |
| | | (c) | publish, in such manner as may be prescribed, notice of the designation, |
|
| | | identifying the person designated.’. |
|
| | |
| | | |
| | Page 20, line 34 [Clause 22], leave out ‘the traffic commissioner’s knowledge of |
|
| | the area in question’ and insert ‘any particular knowledge or experience that the traffic |
|
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 21, line 7 [Clause 22], leave out subsection (8). |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 21, line 8 [Clause 22], leave out ‘that duty is’ and insert ‘the duties of the |
|
| | senior traffic commissioner under that subsection are’. |
|
| | |
| | | |
| | Page 21, line 9 [Clause 22], at end insert— |
|
| | | ‘(8A) | The persons who are to be members of the board by virtue of subsection (2)(b) |
|
| | | are to be designated in such manner and at such time as may be prescribed.’. |
|
| | |
| | | |
| | Page 21, line 13 [Clause 22], at end insert— |
|
| | | ‘(10) | In this section “prescribed” means prescribed in regulations under section 126B |
|
| | | |
| | |
| | | |
| | Page 21, line 13 [Clause 22], at end insert— |
|
| | | ‘(2) | In section 162 of the TA 2000 (interpretation of Part 2) insert the following |
|
| | | definition at the appropriate place in subsection (1)— |
|
| | | ““QCS board” is to be read in accordance with section 126A(1),”.’. |
|
| | |
| | | |
| | Page 21, line 15 [Clause 23], leave out ‘126A’ and insert ‘126AC’. |
|
| | |
| | | |
| | Page 21, line 16 [Clause 23], leave out ‘approvals boards for England’ and insert |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 21, line 16 [Clause 23], leave out ‘approvals’ and insert ‘consultation’. |
|
| | |
| | | |
| | Page 21, line 17 [Clause 23], leave out ‘rules’ and insert ‘regulations’. |
|
| | |
| | | |
| | Page 21, line 17 [Clause 23], at end insert— |
|
| | | ‘( ) | with respect to the constitution of a QCS board, |
|
| | | ( ) | with respect to the powers and duties of any such board,’. |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 21, line 19 [Clause 23], leave out ‘approvals board for England’ and insert |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 21, line 19 [Clause 23], leave out ‘approvals’ and insert ‘consultation’. |
|
| | |
| | | |
| | Page 21, line 22 [Clause 23], leave out ‘rules’ and insert ‘regulations’. |
|
| | |
| | | |
| | Page 21 [Clause 23], leave out lines 24 to 32 and insert— |
|
| | | ‘(a) | provision about requests under section 126AB(4); |
|
| | | (b) | provision for an acknowledgement of the receipt of any such request to |
|
| | | be issued by such person, and within such time, as may be prescribed in |
|
| | | |
| | | (c) | the procedure to be followed in cases where a further request under |
|
| | | section 126AB(4) is sent to the QCS board by virtue of section 126AB(6) |
|
| | | in relation to a proposed scheme which has been modified (the “modified |
|
| | | |
| | | (d) | provision for or in connection with the making of representations about |
|
| | | |
| | | (e) | the publication by the board of provisional findings before it publishes its |
|
| | | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 21 [Clause 23], leave out line 24. |
|
| | |
| | |
| | | |
| | Page 21, line 24 [Clause 23], leave out ‘approval’ and insert ‘consideration’. |
|
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 21, line 25 [Clause 23], leave out from beginning to ‘to’ in line 26 and insert |
|
| | ‘provision for a confirmation that the consultation board is considering a proposed |
|
|
