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Report Stage Proceedings: 27th October 2008              

792

 

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

 

Added on division  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.”.’.

 



 
 

Report Stage Proceedings: 27th October 2008              

793

 

Local Transport Bill [Lords], continued

 
 

Consideration of proposed schemes by boards

 

Secretary Geoff Hoon

 

Added on division  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.


 
 

Report Stage Proceedings: 27th October 2008              

794

 

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


 
 

Report Stage Proceedings: 27th October 2008              

795

 

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

 

Not called  (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

 

Not called  (b)

 

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

 

the request’.

 

Stephen Hammond

 

Mrs Theresa Villiers

 

Jeremy Wright

 

Not called  (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

 

Added on division  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.


 
 

Report Stage Proceedings: 27th October 2008              

796

 

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,


 
 

Report Stage Proceedings: 27th October 2008              

797

 

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

 

Not called  (a)

 

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

 

Stephen Hammond

 

Mrs Theresa Villiers

 

Jeremy Wright

 

Not called  (b)

 

Leave out lines 16 to 29.

 

Stephen Hammond

 

Mrs Theresa Villiers

 

Jeremy Wright

 

Not called  (c)

 

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

 

Stephen Hammond

 

Mrs Theresa Villiers

 

Jeremy Wright

 

Not called  (d)

 

Leave out lines 61 to 65.

 



 
 

Report Stage Proceedings: 27th October 2008              

798

 

Local Transport Bill [Lords], continued

 
 

Exempt continuation proposals

 

Secretary Geoff Hoon

 

Added on division  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;


 
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