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Report Stage Proceedings: 27th October 2008              

799

 

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scheme as originally made;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

 

Added on division  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—


 
 

Report Stage Proceedings: 27th October 2008              

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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

 

Added on division  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


 
 

Report Stage Proceedings: 27th October 2008              

801

 

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.


 
 

Report Stage Proceedings: 27th October 2008              

802

 

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

 

Added on division  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.


 
 

Report Stage Proceedings: 27th October 2008              

803

 

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

 

Added on division  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

 

Not called  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

  

 
 

Report Stage Proceedings: 27th October 2008              

804

 

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

 

Not called  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”.’.

 



 
 

Report Stage Proceedings: 27th October 2008              

805

 

Local Transport Bill [Lords], continued

 
 

Local charging schemes (referenda)

 

Stephen Hammond

 

Mrs Theresa Villiers

 

Jeremy Wright

 

Mr Greg Knight

 

Not called  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

 

Not selected  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

 

Not called  NC5

 

To move the following Clause:—

 

‘(1)    

Section 167 of the Transport Act 2000 is amended as follows.

 

(2)    

For subsection (2) substitute—


 
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