House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 27th October 2008
3458

Local Transport Bill [Lords], continued

(b)
propose or decide that a scheme should continue in operation

(with or without modification) under section 131A,

(c)
propose or decide to vary or revoke a scheme under section 132.

(4)
Regulations made by virtue of subsection (3) must not exclude any

requirement for the authority or authorities—

(a)
under section 126, to obtain the approval of the Welsh Ministers,

(b)
under section 127(1A), to publish their response to the report of

the QCS board.”.’

Secretary Geoff Hoon

263

Page  33,  line  44  [Clause  37],  at end insert—

‘( )
In subsection (1)(b) (transitional provision in connection with variation of

schemes) before “variation” insert “continuation in operation or”.’.

Secretary Geoff Hoon

124

Page  34,  line  27  [Clause  39],  at end insert—

‘(1A)
Subsection (2) also applies to a situation in which—

(a)
local services which, on the coming into force of a quality contract, a

person (the “former operator”) would be required by virtue of section

129(1)(b) to cease providing in the area mentioned in subsection (1)(a) of

this section, cease to be provided by the former operator before the

coming into force of that quality contract, and

(b)
at the same time, a person (the “new operator”) begins to provide local

services in that area under an agreement which the authority or

authorities who made the relevant quality contracts scheme entered into

by reason of the cessation of the local services referred to in paragraph

(a).’.

Secretary Geoff Hoon

125

Page  34,  line  28  [Clause  39],  leave out ‘such situation’ and insert ‘situation to

which this subsection applies’.

Secretary Geoff Hoon

126

Page  34,  line  35  [Clause  39],  after ‘subsection (1)(a)’, insert ‘or (as the case may

be) the local services referred to in subsection (1A)(a)’.

Secretary Geoff Hoon

127

Page  34,  line  35  [Clause  39],  at end insert—

‘( )
Any situation which by virtue of this section is treated as a relevant transfer for

the purposes of TUPE is also to be treated as a relevant transfer within the

Consideration of Bill: 27th October 2008
3459

Local Transport Bill [Lords], continued

meaning of TUPE for the purposes of sections 257 and 258 of the Pensions Act

2004 and any regulations made under section 258 of that Act.’.

Secretary Geoff Hoon

128

Page  35,  line  21  [Clause  39],  at end insert—

‘(e)
provision requiring the authority or authorities who made a

quality contracts scheme to ensure that any quality contract

entered into with a person under the scheme, or any other

agreement made with a person for the provision of local services

in the area to which the scheme relates, is made on terms—

(i)
that require the person, in the event of there being any

transferring employees, to secure pension protection for

every transferring employee, or every transferring

employee of a prescribed description, who as an

employee of the former operator had rights to acquire

pension benefits, and

(ii)
that, so far as relating to the securing of pension

protection for a transferring employee, are enforceable

by the employee.

(5A)
For the purposes of this section—

(a)
“transferring employee” means an employee of a former

operator whose contract of employment becomes, either by

virtue of TUPE or by virtue of this section, a contract of

employment with a new operator;

(b)
“pension protection” is secured for a transferring employee if

after the change of employer referred to in paragraph (a)—

(i)
the employee has, as an employee of the new operator,

rights to acquire pension benefits, and

(ii)
those rights are of such description as is prescribed by

regulations.

(5B)
The Secretary of State must exercise the power conferred by this section

to make regulations containing provision falling within subsection (5)(e)

so as to ensure—

(a)
that pension protection is required to be secured for every

transferring original employee who as an employee of the

original operator had rights to acquire pension benefits, and

(b)
that the rights to acquire pension benefits which a transferring

original employee has as an employee of the new operator by

virtue of paragraph (a) are rights which—

(i)
are the same as the rights the transferring original

employee had as an employee of the original operator, or

(ii)
under provision made by regulations, count as being

broadly comparable to, or better than, those rights.

(5C)
For the purposes of subsection (5B)—

“transferring original employee” means a transferring employee—

Consideration of Bill: 27th October 2008
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Local Transport Bill [Lords], continued

(e)
who immediately before the relevant date was employed by a

person (the “original operator”) providing local services in the

area to which the relevant quality contracts scheme relates, and

(f)
whose contract of employment—

(i)
was, from that date until the change of employer

referred to in subsection (5A)(a), a contract of

employment with the original operator, or

(ii)
on each occasion when the employee was

subject to a relevant transfer became, either by

virtue of TUPE or by virtue of this section, a

contract of employment with a person providing

local services in the area referred to in paragraph

(a);

“relevant date”, in relation to a quality contracts scheme, means—

(g)
the date on which the scheme was made, or

(h)
where—

(i)
the local services being provided by the original

operator were not subject to the scheme when it

was made, and

(ii)
as a result of either the variation of the scheme,

or the continuation of the scheme with

modifications, those services became subject to

the scheme,


the date on which that variation, or (as the case may be) the

decision to continue the scheme with those modifications, was

made;

“relevant transfer” means anything that is, or is to be treated as, a relevant

transfer for the purposes of TUPE.’.

Secretary Geoff Hoon

129

Page  40,  line  3  [Clause  44],  after ‘service’, insert ‘which is to have one or more

stopping places’.

Secretary Geoff Hoon

130

Page  40,  line  10  [Clause  44],  at end insert—

‘(2A)
After subsection (7) (variation or revocation of registration) insert—

“(7A)
Where—

(a)
a quality contracts scheme under section 124 of the Transport

Act 2000 is in force,

(b)
the operator of a local service registered under this section

proposes to vary the registration,

(c)
the service, as proposed to be varied, is to have one or more

stopping places within the area to which the scheme relates,

(d)
the service, as proposed to be varied, is not excluded from the

scheme by virtue of section 127(4) of the Transport Act 2000,

and

Consideration of Bill: 27th October 2008
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Local Transport Bill [Lords], continued

(e)
the operator does not propose to provide the service, as proposed

to be varied, under a quality contract by virtue of the scheme,


section 6B of this Act has effect with respect to the variation of the

registration.”.

(2B)
In subsection (8) (time when variation etc becomes effective) after “Subject to

regulations under this section” insert “and, in the case of variation, to section 6B

of this Act,”.’.

Secretary Geoff Hoon

131

Page  40  [Clause  44],  leave out lines 13 to 25 and insert—

‘(1)
This section applies—

(a)
by virtue of subsection (2B) of section 6 of this Act (“Case 1”), in relation

to registration of the proposed local service mentioned in that subsection;

(b)
by virtue of subsection (7A) of that section (“Case 2”), in relation to the

proposed variation of the registration mentioned in that subsection.

(2)
Where this section applies, the operator may apply to a traffic commissioner—

(a)
in Case 1, for registration of the proposed service under section 6 of this

Act, or

(b)
in Case 2, for variation of the registration under that section,


notwithstanding anything in section 129(1)(a) of the Transport Act 2000 (sections

6 to 9 of this Act not to apply).’

Secretary Geoff Hoon

132

Page  40,  line  27  [Clause  44],  leave out ‘the following provisions of this section’

and insert ‘subsections (4) to (6) below’.

Secretary Geoff Hoon

133

Page  40,  line  32  [Clause  44],  leave out ‘proposed service’ and insert ‘application’.

Secretary Geoff Hoon

134

Page  40,  line  32  [Clause  44],  after ‘must’, insert ‘—

(a)
in Case 1,’.

Secretary Geoff Hoon

135

Page  40,  line  33  [Clause  44],  at end insert ‘, or

(b)
in Case 2, vary the registration under that section.’.

Secretary Geoff Hoon

136

Page  40,  line  35  [Clause  44],  at end insert—

‘(6A)
In relation to Case 2, regulations may prescribe cases in which subsections (3) to

(6) above do not apply.’.

Secretary Geoff Hoon

137

Page  40,  line  37  [Clause  44],  after ‘provision’, insert ‘—

Consideration of Bill: 27th October 2008
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Local Transport Bill [Lords], continued

(a)
in Case 1,’.

Secretary Geoff Hoon

138

Page  40,  line  38  [Clause  44],  leave out ‘will’ and insert ‘, or

(b)
in Case 2, of the local service as proposed to be varied,


will’.

Secretary Geoff Hoon

139

Page  53,  line  4,  [Clause  59],  leave out from ‘subsection (3)’ to end of line 5 and

insert ‘in the manner mentioned in subsection (1AA)’.

Secretary Geoff Hoon

140

Page  53,  line  11,   [Clause  59],  at end insert—

‘(1AA)
An order under subsection (1A)(b) may require the operator to expend

money on or towards—

(a)
the provision of specified local services or specified facilities to

be used in connection with such services;

(b)
specified improvements in such services or facilities.


In this subsection “specified” means specified in the order.’.

Norman Baker

Mr John Leech

27

Page  53,  line  38  [Clause  59],  leave out paragraph (a) and insert—

‘(a)
payable to the relevant local authority for reinvestment in public

transport provision, and’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

10

Page  53,  line  38  [Clause  59],  leave out from ‘to’ to ‘, and’ in line 31 and insert ‘the

appropriate local authority’.

Graham Stringer

Mr Clive Betts

Ian Stewart

Ms Angela C. Smith

Mr Paul Truswell

98

Page  55,  line  9  [Clause  61],  leave out from ‘it’ to end of line 10 and insert—

‘(a)
it provides that a PTE shall cease to have the power under section

10(1)(viii) of the TA 1968; or

Consideration of Bill: 27th October 2008
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Local Transport Bill [Lords], continued

(b)
it would prevent the carrying of passengers by road by the PTE in

pursuance of the power inserted into the TA 1968 by subsection (7).’.

Graham Stringer

Mr Clive Betts

Ian Stewart

Ms Angela C. Smith

Mr Paul Truswell

99

Page  55  [Clause  61],  leave out line 15.

Graham Stringer

Mr Clive Betts

Ian Stewart

Ms Angela C. Smith

Mr Paul Truswell

100

Page  55,  line  17  [Clause  61],  at end insert—

‘(7)
For subsection (1)(i) (power of PTE to carry passengers by road) substitute—

“(i)
in the event that a quality contract within the meaning of

section 124(4) of the Transport Act 2000 is terminated

or local services undertaken to be provided under such a

quality contract cease to be provided in whole or in part,

to carry passengers by road within, to and from that area

for the purpose of maintaining local services provided in

the area to which that quality contract related, for a

period not exceeding 12 months from the date of the

termination of the quality contract or the cessation of the

local services or such longer period as may be approved

by the relevant traffic commissioner as being in the

public interest;”.’.

Graham Stringer

266

Page  58,  line  5  [Clause  68],  at end insert—

‘(n)
for the establishment of a complaints procedure for users of local services

and for the committee to hear appeals in respect of such complaints.’.

Secretary Geoff Hoon

141

Page  58,  line  13  [Clause  68],  after ‘any’, insert ‘provision of this Act or any other’.

Secretary Geoff Hoon

142

Page  59,  line  14  [Clause  68],  leave out ‘an’ and insert ‘this Act or any other’.

Consideration of Bill: 27th October 2008
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Local Transport Bill [Lords], continued

Secretary Geoff Hoon

143

Page  59,  line  38  [Clause  68],  leave out ‘an’ and insert ‘this Act or any other’.

Secretary Geoff Hoon

144

Page  60,  line  9  [Clause  69],  leave out ‘or’.

Secretary Geoff Hoon

145

Page  60,  line  11  [Clause  69],  at end insert—

‘(c)
prescribed tramway passenger services, or tramway passenger services

of a prescribed description, so far as operating in England;

(d)
prescribed passenger transport facilities in England, or passenger

transport facilities in England that are of a prescribed description.’.

Graham Stringer

267

Page  60,  line  11  [Clause  69],  at end insert—

‘(c)
the establishment of a complaints procedure for users of local services

and for the Rail Passengers’ Council to hear appeals in respect of such

complaints.’.

Secretary Geoff Hoon

146

Page  60,  line  13  [Clause  69],  after ‘enactment’, insert ‘(including this Act)’.

Secretary Geoff Hoon

147

Page  60,  line  24  [Clause  69],  after ‘any’, insert ‘provision of this Act or any other’.

Ms Angela C. Smith

268

Page  60,  line  25  [Clause  69],  at end insert—

‘(d)
provision conferring on the Rail Passengers’ Council powers to require

operators of prescribed local services or of prescribed domestic coach

services to provide to the Rail Passengers’ Council prescribed

information in relation to the operation of those services.’.

Ms Angela C. Smith

269

Page  60,  line  31  [Clause  69],  at end insert—

‘(5A)
An order under this section may make provision to ensure that traffic

commissioners have regard to recommendations or representations received by

virtue of subsection (5) in the exercise of their functions.’.

Secretary Geoff Hoon

148

Page  60,  line  33  [Clause  69],  leave out from ‘to’ to end of line 34 and insert ‘—