House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 27th October 2008
3451

Local Transport Bill [Lords], continued

(b)
decide that the proposal is not an exempt continuation proposal, and

(c)
acting on the basis of that decision, decide that the scheme should so

continue in operation.’.

Secretary Geoff Hoon

237

Page  31  [Clause  33],  leave out lines 38 to 46 and insert—

‘(2)
Any person falling within subsection (3) may appeal to the Transport Tribunal

against the decision of the authority or authorities that the scheme should

continue in operation.

(3)
The persons are—

(a)
any person who was consulted under section 125(3) (as it applies by

virtue of section 131A in a case where the proposal is not an exempt

continuation proposal),

(b)
any person who was not so consulted, but who, in the opinion of the QCS

board under section 126AC(1)(b), ought to have been so consulted.’.

Norman Baker

Mr John Leech

59

Page  31,  line  39  [Clause  33],  leave out from second ‘the’ to ‘as’ in line 41 and

insert ‘authority proposing the continuation of the scheme’.

Secretary Geoff Hoon

238

Page  32,  line  1  [Clause  33],  leave out ‘Subsections (4) to (6) of section 126D’ and

insert ‘Sections 127A(4) to (7) and 127B’.

Secretary Geoff Hoon

239

Page  32,  line  3  [Clause  33],  leave out from ‘of’ to end of line 10 and insert ‘section

127A, but with—

(a)
the modifications in subsection (5), and

(b)
such further or different modifications or exclusions as may be

prescribed under section 133.

(5)
The modifications are—

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

it continues in operation,

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

scheme as it continues 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 applies by virtue of section

Consideration of Bill: 27th October 2008
3452

Local Transport Bill [Lords], continued

131A in a case where the proposal is not an exempt continuation

proposal.’.

Secretary Geoff Hoon

240

Page  32,  line  15  [Clause  34],  at end insert—

‘(2A)
In subsection (4) (grounds for revocation) for “or” at the end of paragraph (a)

substitute—

“(aa)
if they consider that those conditions would no longer be met

with respect to it if they were to act in accordance with a

direction given by the Transport Tribunal under this Part, or”.

Secretary Geoff Hoon

241

Page  32,  line  16  [Clause  34],  leave out subsection (3) and insert—

‘(3)
In subsection (4A) (which defines the “relevant conditions” according to whether

the scheme has been varied or not)—

(a)
in paragraph (a), before “varied” insert “continued in operation under

section 131A or”,

(b)
also in paragraph (a), for “124(1)(a) and (b)” substitute “124(1)(a) to (e)”,

(c)
in paragraph (b), before “varied” insert “continued in operation under

section 131A or”,

(d)
in paragraph (c), before “varied”, in the first place where it occurs, insert

“continued in operation under section 131A or”,

(e)
also in paragraph (c), before “varied”, in the second place where it

occurs, insert “continued in operation or”.’.

Secretary Geoff Hoon

242

Page  32,  line  18  [Clause  34],  leave out from beginning to ‘A’ in line 26 and

insert—

‘(4)
For subsection (5) (procedure for varying or revoking a scheme etc) substitute—

“(5)
The variation or revocation of a scheme under subsection (1) or (4) is

subject to the provisions of—

(a)
subsection (6) (revocation: areas in England),

(b)
subsection (7) (non-exempt variation: areas in England),

(c)
subsection (8) (exempt variation: areas in England), or

(d)
subsection (9) (areas in Wales),


except to the extent that section 132B (exemption for specific variations

directed by Transport Tribunal on appeal) otherwise provides.

(6)
The revocation of a scheme for an area in England is subject to the

following requirements—

(a)
before deciding to revoke the scheme, the authority or authorities

must consult the persons mentioned in section 125(3) and each

relevant traffic commissioner,

(b)
as soon as reasonably practicable after deciding to revoke the

scheme, the authority or authorities must give notice of the

decision to each relevant traffic commissioner and must publish

the notice in at least one newspaper circulating in the area to

which the scheme relates,

Consideration of Bill: 27th October 2008
3453

Local Transport Bill [Lords], continued

(c)
the notice must state that the decision has been taken and specify

the date on which the revocation is to take effect,


except to the extent that those requirements are modified or excluded by

regulations made by the Secretary of State under section 133.


For the purposes of this subsection “relevant traffic commissioner”

means the traffic commissioner for any traffic area which consists of or

includes the whole or any part of the area to which the scheme relates.

(7)
The non-exempt variation of a scheme for an area in England is subject

to the same procedure as the making of the scheme, except to the extent

that that procedure is modified or excluded by regulations made by the

Secretary of State under section 133.

(8)
The exempt variation of a scheme for an area in England is subject to the

same procedure as the making of a scheme, except to the extent that that

procedure is modified or excluded by regulations made by the Secretary

of State under section 133, but for the purposes of this subsection—

(a)
sections 124(2)(c) and (2A), 126A to 126B and 127(1)(a) and

(1A) (the QCS board provisions) do not apply;

(b)
there is no requirement to give notice to the senior traffic

commissioner under section 125(1)(d);

(c)
the authority or authorities must consult any traffic

commissioner falling within section 125(3)(e) (which

accordingly has effect for this purpose with the omission of the

words “if the proposed scheme relates to an area in Wales,”);

(d)
sections 127A and 127B (appeals to the Transport Tribunal) do

not apply;

(e)
section 132A (appeals where proposed variation considered

exempt) has effect in those cases for which it makes provision.

(9)
The variation or revocation of a scheme for an area in Wales—

(a)
requires the approval of the Welsh Ministers, except in the case

of a variation which is an exempt variation, and

(b)
is subject to the same procedure as the making of the scheme,

except to the extent that that procedure is modified or excluded

by regulations made by the Welsh Ministers under section 133.

(10)
Section 130 (tendering) applies to a varied scheme (whether or not the

variation is an exempt variation) but subject to regulations made by the

appropriate national authority under section 133(3).

(11)
’.

Norman Baker

Mr John Leech

60

Page  32,  line  19  [Clause  34],  leave out paragraph (a) and insert—

‘(a)
leave out paragraph (a) and insert—

“(a)
requires the consideration of the scheme by the

consulting authority which published recommendations

on the scheme in accordance with section 125A, and”.’.

Consideration of Bill: 27th October 2008
3454

Local Transport Bill [Lords], continued

Secretary Geoff Hoon

243

Page  32,  line  31  [Clause  34],  at end insert—


‘and a “non-exempt variation” is any other variation of a scheme.”.’.

Secretary Geoff Hoon

244

Page  32,  line  31  [Clause  34],  at end insert—

‘(5)
In consequence of the amendments made by subsection (4), renumber subsection

(6) (regulations about revoking schemes before they come into operation) as

subsection (12).’.

Secretary Geoff Hoon

245

Page  32  [Clause  35],  leave out lines 35 to 39 and insert—

‘(1)
This section applies where an authority or authorities who propose to vary a

quality contracts scheme under section 132—

(a)
decide that the proposal is an exempt variation for the purposes of that

section, and

(b)
acting on the basis of that decision, decide to vary the scheme under that

section.’.

Secretary Geoff Hoon

246

Page  32,  line  40  [Clause  35],  leave out from ‘person’ to ‘may’ in line 41 and insert

‘falling within subsection (2A)’.

Secretary Geoff Hoon

247

Page  33,  line  2  [Clause  35],  at end insert—

‘(2A)
The persons are—

(a)
any person who was consulted under section 125(3) (as it applies by

virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a

case where the variation is an exempt variation for the purposes of

section 132),

(b)
any person who was not so consulted, but who, in the opinion of the

Transport Tribunal, ought to have been so consulted.’.

Secretary Geoff Hoon

248

Page  33,  line  2  [Clause  35],  at end insert—

‘(2B)
An appeal under this section may be—

(a)
on a point of law, or

(b)
on a question of fact.’.

Secretary Geoff Hoon

249

Page  33,  line  2  [Clause  35],  at end insert—

‘(2C)
On an appeal under this section the Transport Tribunal shall have power—

Consideration of Bill: 27th October 2008
3455

Local Transport Bill [Lords], continued

(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.’.

Secretary Geoff Hoon

250

Page  33  [Clause  35],  leave out lines 6 to 10 and insert—

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

under subsection (4),

(c)
direct the authority or authorities to vary the scheme, to the extent of the

variation made by the authority or authorities, in such manner as the

Tribunal may specify in the direction (but see subsection (4A)),

(d)
quash the whole or any part of the decision of the authority or

authorities.’.

Secretary Geoff Hoon

251

Page  33  [Clause  35],  leave out lines 15 to 17 and insert—

‘(b)
as respects those matters, consult or further consult the persons

mentioned in section 125(3) (as it applies by virtue of subsection (8) or,

as the case may be, (9)(b) of section 132 in a case where the variation is

an exempt variation for the purposes of section 132),’.

Secretary Geoff Hoon

252

Page  33,  line  18  [Clause  35],  leave out ‘modifications’ and insert ‘variations’.

Secretary Geoff Hoon

253

Page  33,  line  19  [Clause  35],  at end insert—

‘(4A)
The Tribunal may give a direction under this section to vary a scheme by reducing

the area to which the scheme relates only if they are of the opinion that the

conditions in section 132(3) are met.’.

Secretary Geoff Hoon

254

Page  33  [Clause  35],  leave out lines 20 to 26 and insert—

‘(5)
If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide

that the variation was not an exempt variation for the purposes of section 132—

(a)
they must allow the appeal to that extent,

(b)
they must remit the matter to the authority or authorities, with or without

directions, and

(c)
subsections (6) to (9) have effect.

(6)
The directions that the Tribunal may give under this section include—

(a)
directions to take any action specified in the directions for the purpose of

remedying any failure to comply with requirements of this Part that have

effect where a proposed variation under section 132 is not an exempt

variation,

(b)
directions to make variations specified in the directions for the purpose

of securing that the condition in paragraph (a), (b) or (c) of section

Consideration of Bill: 27th October 2008
3456

Local Transport Bill [Lords], continued

132(11) (meaning of “exempt variation”) is met in the case of the

variation,

(c)
directions authorising the scheme to continue in operation temporarily,

with or without variations, for a period specified or described in the

directions, but subject to compliance with conditions as to the time within

which any particular action specified in directions under this section is to

be taken.

(7)
Where the Tribunal give directions falling within subsection (6), they may also

make provision in the order dispensing with the need to comply with such

procedural requirements imposed by or under this Part as they may specify in the

order.

(8)
If the scheme or proposed scheme relates to an area in Wales, the Tribunal may

not make any order which has the effect of—

(a)
giving approval under section 126 as it applies by virtue of section 132,

or

(b)
dispensing with the need for any such approval,


but this is without prejudice to the temporary provision that may be made in

directions falling within subsection (6)(c).

(9)
The appropriate national authority may make regulations with respect to the

procedure to be followed in cases where the Tribunal decide that the variation or

proposed variation was not an exempt variation for the purposes of section

132.”.’.

Norman Baker

Mr John Leech

61

Page  33,  line  25  [Clause  35],  leave out paragraph (c).

Secretary Geoff Hoon

255

Page  33,  line  30  [Clause  36],  leave out ‘after “varying” insert “, continuing”’ and

insert ‘after “making” insert “continuing,”’.

Secretary Geoff Hoon

256

Page  33,  line  30  [Clause  36],  at end insert—

‘( )
In subsection (1)(b) (approvals of schemes) after “schemes” insert “for areas in

Wales”.

( )
After subsection (1)(b) insert—

“(bb)
the procedure to be followed by local transport authorities for

areas in England when discharging functions that relate to a QCS

board,

(bc)
the procedure to be followed by QCS boards when discharging

functions relating to proposed schemes for areas in England,”.’.

Norman Baker

Mr John Leech

62

Page  33,  line  30  [Clause  36],  at end insert—

‘(2A)
In subsection (1)(b) leave out “approval” and insert “consideration”’.

Consideration of Bill: 27th October 2008
3457

Local Transport Bill [Lords], continued

Secretary Geoff Hoon

257

Page  33,  line  32  [Clause  36],  leave out ‘after “proposed variations” insert “,

continuations”’ and insert ‘before “variations” insert “continuations,”’.

Secretary Geoff Hoon

258

Page  33,  line  33  [Clause  36],  at end insert—

‘( )
in paragraph (e) (applications for approval of proposals) after

“proposals” insert “for areas in Wales”;’.

Norman Baker

Mr John Leech

63

Page  33,  line  33  [Clause  36],  at end insert—

‘(3)
(b) in paragraph (e) leave out “approval” and insert “consideration”’.

Secretary Geoff Hoon

259

Page  33,  line  36  [Clause  36],  at end insert—

‘(ef)
the form and manner of requests under section 126AB(4) relating to

proposed schemes for areas in England,

(eg)
the form and manner in which copies of proposed schemes for such areas

are to be sent to a QCS board under section 126AB(5),

(eh)
the giving of notice, and the preparation and publication of reports, by

QCS boards under section 126AC(5),

(ei)
the form and manner of responses by local transport authorities to such

reports,”;’.

Secretary Geoff Hoon

260

Page  33,  line  37  [Clause  36],  leave out ‘for “or variations” substitute “, variations

or continuations”’ and insert ‘after “schemes” insert “, continuations”’.

Secretary Geoff Hoon

261

Page  33,  line  38  [Clause  36],  at end insert—

‘(d)
in paragraph (g) (notice of schemes or of their variation or revocation)

before “variation” insert “continuation,”.’.

Secretary Geoff Hoon

262

Page  33,  line  38  [Clause  36],  at end insert—

‘(4)
After subsection (2) insert—

“(3)
The appropriate national authority may also make regulations modifying

or excluding the application of provisions of this Part, so far as relating

to quality contracts schemes, in cases where a local transport authority,

or two or more local transport authorities acting jointly, do any of the

following—

(a)
by virtue of section 126AB(6), send to a QCS board a further

request under section 126AB(4) and modified proposals under

section 126AB(5),