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| | “(2) | Not later than one year after the date on which this Act is passed the |
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| | Secretary of State shall have a duty to introduce a trunk road charging |
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| | scheme for foreign-registered Goods Vehicles. |
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| | (2A) | The charges of such a scheme will be calculated— |
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| | (a) | according to vehicle emissions, |
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| | (b) | on a pay per mile basis. |
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| | (2B) | Any revenue resulting from the scheme will be payable to the Secretary |
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| | of State for the purposes of improving public transport.”’. |
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| | Approval of proposed scheme |
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| To move the following Clause:— |
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| | ‘In the TA 2000, for section 126 (approval of proposed scheme) substitute— |
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| | “125A | Consideration of proposed scheme |
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| | (1) | If, having complied with section 125, the authority or authorities wish to |
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| | proceed with the proposed scheme, they must apply to the appropriate |
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| | consulting authority for its consideration. |
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| | (2) | In this Part “the appropriate consulting authority” means— |
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| | (a) | where the area to which the scheme relates is in England, an |
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| | approvals board for England; and |
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| | (b) | where the area to which the scheme relates is in Wales, the Welsh |
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| | |
| | (3) | The application must include— |
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| | (a) | the authority’s or the authorities’ reasons for wishing to make the |
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| | (b) | such other information as the appropriate consulting authority |
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| | |
| | (4) | The appropriate consulting authority shall give its opinion on the |
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| | proposed scheme within 28 days of the latter of— |
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| | (a) | the application for its opinion; and |
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| | (b) | the receipt of any further information requested under subsection |
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| | |
| | (5) | The appropriate consulting authority may recommend modifications to |
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| | (6) | Following receipt of the appropriate consulting authority’s opinion, the |
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| | authority or authorities must take that opinion into account and may then |
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| | (a) | make the proposed scheme; |
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| | (b) | discontinue the proposed scheme; or |
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| | (c) | make the proposed scheme with modifications. |
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| | (7) | If the authority or authorities propose to make the scheme with |
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| | modifications, they must first consult such of the persons they consulted |
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| | under section 125(3) as would in their opinion be affected by those |
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| | Approval of proposed scheme (No. 2) |
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| To move the following Clause:— |
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| | ‘(1) | Section 126 of the TA 2000 (approval of proposed scheme) is omitted. |
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| | (2) | After section 125 of the TA 2000 (notice and consultation requirements) insert— |
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| | “126 | Consideration of proposed scheme |
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| | (1) | In this Part “the appropriate consultation authority” means— |
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| | (a) | where the area to which the scheme relates is in England, a |
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| | consultation board for England; and |
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| | (b) | where the area to which the scheme relates is in Wales, the Welsh |
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| | |
| | (2) | Where the area to which the scheme relates is in England— |
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| | (a) | upon receipt of a notice under section 125(1)(a), the senior traffic |
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| | commissioner shall within 7 days of receipt of the notice appoint |
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| | a consultation board to give its response on the proposed scheme; |
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| | |
| | (b) | once appointed under paragraph (a), the consultation board shall |
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| | (3) | Where the area to which the scheme relates is in Wales, the Welsh |
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| | Ministers shall begin their consideration upon receipt of a notice under |
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| | |
| | (4) | The appropriate consultation authority shall consider whether the |
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| | proposed scheme as a whole satisfies the criteria set out in section 124(1). |
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| | (5) | In carrying out its consideration, the appropriate consultation authority |
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| | (a) | the consultation document produced by the authority or |
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| | authorities in accordance with section 125, |
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| | (b) | any information received by the appropriate consultation from |
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| | the persons listed at section 125(3), |
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| | (c) | any other information that the appropriate consultation authority |
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| | may reasonably request from the authority or authorities |
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| | proposing the scheme, and |
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| | (d) | any other information that the appropriate consulting authority |
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| | obtains from any other source which the consulting authority |
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| | (6) | If the appropriate consultation authority believes that any of the criteria |
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| | set out in section 124(1) are not satisfied, it shall give reasons for that |
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| | belief in its response and may suggest ways in which the scheme could |
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| | be modified so as to ensure that the criteria are satisfied. |
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| | (7) | In giving its response, the appropriate consultation authority may |
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| | recommend modifications to the proposed scheme. |
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| | (8) | Following receipt of the appropriate consultation authority’s response, |
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| | the authority or authorities proposing the scheme shall forward the |
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| | response to the persons listed at section 125(3). |
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| | (9) | The authority or authorities proposing the scheme must take that |
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| | response into account and may then proceed to— |
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| | (a) | make the proposed scheme; |
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| | (b) | discontinue the proposed scheme; or |
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| | (c) | make the proposed scheme with modifications. |
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| | (10) | If the authority proposes or the authorities propose to make the scheme |
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| | with modifications, it or they must first consult such of the persons it or |
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| | they consulted under section 125(3) as would in its or their opinion be |
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| | affected by those modifications.”’. |
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| | Review of validity of schemes |
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| To move the following Clause:— |
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| | ‘(1) | After section 126B of the TA 2000 insert— |
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| | “126C | Review of validity of schemes: areas in England |
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| | (1) | This section applies where the area to which the proposed scheme relates |
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| | (2) | If any person who was consulted by the authority or authorities in |
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| | accordance with section 125(3) or the consultation board desires to |
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| | question the validity of a quality contracts scheme, or of any provision |
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| | contained in it, on the ground— |
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| | (a) | that it is not within the powers of this Act; or |
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| | (b) | that any of the relevant requirements have not been complied |
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| | with in relation to that scheme, |
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| | that person or the board may, within the period of 42 days beginning with |
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| | the day on which the notice is required by section 127(8) is published, |
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| | make an application for the purpose to the Transport Tribunal. |
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| | (3) | On any such application, the Transport Tribunal— |
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| | (a) | may suspend the operation of the quality contracts scheme, or of |
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| | any provision contained in it, either generally or in part, until the |
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| | final determination of the proceedings, and |
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| | (b) | if satisfied that the quality contracts scheme or any provision |
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| | contained in it is not within the powers of this Act, or that the |
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| | interests of the applicants have been substantially prejudiced by |
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| | a failure to comply with any requirement imposed by or under |
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| | this Act, may quash the scheme or any provision contained in it, |
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| | either generally or in part. |
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| | (4) | Subject to subsections (2) and (3) and without prejudice to any right of |
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| | appeal from the Transport Tribunal, a quality contracts scheme shall not, |
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| | either before or after it has been made, be questioned in any legal |
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| | |
| | (5) | Notwithstanding the provisions of paragraph 8 of Schedule 4 to the TA |
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| | 1985, the jurisdiction of the Transport Tribunal in relation to this section |
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| | shall be limited to the consideration of the matters set out in subsection |
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| To move the following Clause:— |
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| | ‘(1) | No authority shall impose a toll or other road charge in respect of any road not |
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| | previously subject to charges unless that authority has first conducted a |
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| | referendum on its proposals. |
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| | (2) | The Electoral Commission shall determine— |
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| | (a) | those entitled to vote in such a referendum, |
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| | (b) | the wording of any question to be proposed in such a referendum.’. |
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| Page 2, line 6 [Clause 1], after ‘any’, insert ‘provision of this Act or any other’. |
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| Page 2, line 15 [Clause 2], leave out ‘and Wales’. |
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| Page 2, line 16 [Clause 2], leave out ‘and’. |
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| Page 2, line 18 [Clause 2], at end insert ‘; and |
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| | (c) | a single commissioner for the Welsh Traffic Area (the “Welsh traffic |
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| | commissioner”), whose offices shall be in the Welsh Traffic Area.’. |
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| Page 2, line 19 [Clause 2], after ‘State’, insert ‘for a term of seven years, subject to |
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| Page 2, line 24 [Clause 2], leave out ‘and Wales’. |
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| Page 2, line 26 [Clause 2], leave out ‘and Wales’. |
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| Page 2, line 35 [Clause 2], at end insert— |
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| | ‘(3C) | The Welsh traffic commissioner— |
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| | (a) | is to exercise the functions of a traffic commissioner in relation to the |
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| | (b) | may exercise the functions of a traffic commissioner in England; and |
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| | (c) | may exercise in relation to the Scottish Traffic Area any functions of a |
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| | traffic commissioner that relate to reserved matters within the meaning of |
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| Page 3, line 4 [Clause 2], at end insert— |
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| | ‘“the Welsh traffic commissioner” is to be read in accordance with section |
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| | 4(1)(c) (the traffic commissioner for the Welsh Traffic Area)’. |
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| Page 3, line 16 [Clause 3], leave out paragraph (a) and insert— |
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| | ‘(a) | shall be appointed for a term of seven years; but’. |
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| Page 3, line 16 [Clause 3], leave out from ‘for’ to ‘but’ in line 17 and insert ‘a term |
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| Page 3, line 38 [Clause 3], leave out ‘and Wales’. |
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| Page 3, line 42 [Clause 3], at end insert— |
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| | ‘(c) | subsections (7A) to (7C) confer powers on the senior traffic |
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| | commissioner in relation to the Welsh traffic commissioner and any |
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| | deputy traffic commissioners for the Welsh traffic area.’. |
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| Page 3, line 44 [Clause 3], leave out ‘and Wales’. |
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| Page 4, line 1 [Clause 3], leave out ‘and Wales’. |
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| Page 4, line 3 [Clause 3], leave out ‘and Wales’. |
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| Page 4, line 7 [Clause 3], leave out ‘and Wales’. |
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| Page 4, line 9 [Clause 3], leave out ‘and Wales’. |
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| Page 4, line 14 [Clause 3], leave out ‘and Wales’. |
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| Page 4, line 15 [Clause 3], leave out ‘and Wales’. |
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| Page 4, line 29 [Clause 3], at end insert— |
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| | ‘(7A) | The senior traffic commissioner may require the Welsh Traffic Commissioner to |
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| | carry out such of the functions of a traffic commissioner for England as the senior |
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| | traffic commissioner may determine— |
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| | (a) | in relation to such matters in England, or |
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| | (b) | as respects Scotland, in relation to such reserved matters, |
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| | | as the senior traffic commissioner may determine. |
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| | (7B) | The senior traffic commissioner may require the Welsh Traffic Commissioner to |
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| | carry out such of those functions as the senior traffic commissioner may |
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| | determine at such places— |
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| | (b) | in the case of functions which relate to reserved matters and are |
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| | exercisable in relation to Scotland, in Scotland, as the senior traffic |
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| | commissioner may determine. |
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| | (7C) | Subsections (7A) and (7B) above also apply to a deputy traffic commissioner for |
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| | the Welsh Traffic Area as they apply in relation to the Welsh Traffic |
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| | Commissioner, construing the references to functions accordingly.’. |
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| Page 4, line 34 [Clause 3], at end insert— |
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| | ‘“deputy traffic commissioner for the Welsh Traffic Area” means any |
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| | person appointed under paragraph 3 or 4 of Schedule 2 to this Act to act |
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| | as deputy in the case of the Welsh Traffic Commissioner.’. |
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| Page 5, line 31 [Clause 3], at end insert ‘, if the senior traffic commissioner |
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| considers it appropriate’. |
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| Page 5, line 32 [Clause 3], at end insert ‘, if the senior traffic commissioner |
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| considers it appropriate’. |
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