House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Report Stage Proceedings: 27th October 2008
806

Local Transport Bill [Lords], continued

“(2)
Not later than one year after the date on which this Act is passed the

Secretary of State shall have a duty to introduce a trunk road charging

scheme for foreign-registered Goods Vehicles.

(2A)
The charges of such a scheme will be calculated—

(a)
according to vehicle emissions,

(b)
on a pay per mile basis.

(2B)
Any revenue resulting from the scheme will be payable to the Secretary

of State for the purposes of improving public transport.”’.

Approval of proposed scheme

Norman Baker

Mr John Leech

Not called  NC6

To move the following Clause:—

‘In the TA 2000, for section 126 (approval of proposed scheme) substitute—

“125A
Consideration of proposed scheme

(1)
If, having complied with section 125, the authority or authorities wish to

proceed with the proposed scheme, they must apply to the appropriate

consulting authority for its consideration.

(2)
In this Part “the appropriate consulting authority” means—

(a)
where the area to which the scheme relates is in England, an

approvals board for England; and

(b)
where the area to which the scheme relates is in Wales, the Welsh

Ministers.

(3)
The application must include—

(a)
the authority’s or the authorities’ reasons for wishing to make the

scheme; and

(b)
such other information as the appropriate consulting authority

may reasonably require.

(4)
The appropriate consulting authority shall give its opinion on the

proposed scheme within 28 days of the latter of—

(a)
the application for its opinion; and

(b)
the receipt of any further information requested under subsection

(3)(b).

(5)
The appropriate consulting authority may recommend modifications to

the proposed scheme.

(6)
Following receipt of the appropriate consulting authority’s opinion, the

authority or authorities must take that opinion into account and may then

proceed to—

(a)
make the proposed scheme;

(b)
discontinue the proposed scheme; or

(c)
make the proposed scheme with modifications.

Report Stage Proceedings: 27th October 2008
807

Local Transport Bill [Lords], continued

(7)
If the authority or authorities propose to make the scheme with

modifications, they must first consult such of the persons they consulted

under section 125(3) as would in their opinion be affected by those

modifications.”’.

Approval of proposed scheme (No. 2)

Graham Stringer

Mr Clive Betts

Ian Stewart

Ms Angela C. Smith

Mr Paul Truswell

Not called  NC7

To move the following Clause:—

‘(1)
Section 126 of the TA 2000 (approval of proposed scheme) is omitted.

(2)
After section 125 of the TA 2000 (notice and consultation requirements) insert—

“126
Consideration of proposed scheme

(1)
In this Part “the appropriate consultation authority” means—

(a)
where the area to which the scheme relates is in England, a

consultation board for England; and

(b)
where the area to which the scheme relates is in Wales, the Welsh

Ministers.

(2)
Where the area to which the scheme relates is in England—

(a)
upon receipt of a notice under section 125(1)(a), the senior traffic

commissioner shall within 7 days of receipt of the notice appoint

a consultation board to give its response on the proposed scheme;

and

(b)
once appointed under paragraph (a), the consultation board shall

begin its consideration.

(3)
Where the area to which the scheme relates is in Wales, the Welsh

Ministers shall begin their consideration upon receipt of a notice under

section 125(1)(a).

(4)
The appropriate consultation authority shall consider whether the

proposed scheme as a whole satisfies the criteria set out in section 124(1).

(5)
In carrying out its consideration, the appropriate consultation authority

shall consider—

(a)
the consultation document produced by the authority or

authorities in accordance with section 125,

(b)
any information received by the appropriate consultation from

the persons listed at section 125(3),

(c)
any other information that the appropriate consultation authority

may reasonably request from the authority or authorities

proposing the scheme, and

Report Stage Proceedings: 27th October 2008
808

Local Transport Bill [Lords], continued

(d)
any other information that the appropriate consulting authority

obtains from any other source which the consulting authority

deems to be relevant.

(6)
If the appropriate consultation authority believes that any of the criteria

set out in section 124(1) are not satisfied, it shall give reasons for that

belief in its response and may suggest ways in which the scheme could

be modified so as to ensure that the criteria are satisfied.

(7)
In giving its response, the appropriate consultation authority may

recommend modifications to the proposed scheme.

(8)
Following receipt of the appropriate consultation authority’s response,

the authority or authorities proposing the scheme shall forward the

response to the persons listed at section 125(3).

(9)
The authority or authorities proposing the scheme must take that

response into account and may then proceed to—

(a)
make the proposed scheme;

(b)
discontinue the proposed scheme; or

(c)
make the proposed scheme with modifications.

(10)
If the authority proposes or the authorities propose to make the scheme

with modifications, it or they must first consult such of the persons it or

they consulted under section 125(3) as would in its or their opinion be

affected by those modifications.”’.

Review of validity of schemes

Graham Stringer

Mr Clive Betts

Ian Stewart

Ms Angela C. Smith

Mr Paul Truswell

Not called  NC8

To move the following Clause:—

‘(1)
After section 126B of the TA 2000 insert—

“126C
Review of validity of schemes: areas in England

(1)
This section applies where the area to which the proposed scheme relates

is in England.

(2)
If any person who was consulted by the authority or authorities in

accordance with section 125(3) or the consultation board desires to

question the validity of a quality contracts scheme, or of any provision

contained in it, on the ground—

(a)
that it is not within the powers of this Act; or

(b)
that any of the relevant requirements have not been complied

with in relation to that scheme,

Report Stage Proceedings: 27th October 2008
809

Local Transport Bill [Lords], continued

that person or the board may, within the period of 42 days beginning with

the day on which the notice is required by section 127(8) is published,

make an application for the purpose to the Transport Tribunal.

(3)
On any such application, the Transport Tribunal—

(a)
may suspend the operation of the quality contracts scheme, or of

any provision contained in it, either generally or in part, until the

final determination of the proceedings, and

(b)
if satisfied that the quality contracts scheme or any provision

contained in it is not within the powers of this Act, or that the

interests of the applicants have been substantially prejudiced by

a failure to comply with any requirement imposed by or under

this Act, may quash the scheme or any provision contained in it,

either generally or in part.

(4)
Subject to subsections (2) and (3) and without prejudice to any right of

appeal from the Transport Tribunal, a quality contracts scheme shall not,

either before or after it has been made, be questioned in any legal

proceedings whatever.

(5)
Notwithstanding the provisions of paragraph 8 of Schedule 4 to the TA

1985, the jurisdiction of the Transport Tribunal in relation to this section

shall be limited to the consideration of the matters set out in subsection

(2).’.

Tolls and road charges

Graham Stringer

Mr Greg Knight

Not called  NC20

To move the following Clause:—

‘(1)
No authority shall impose a toll or other road charge in respect of any road not

previously subject to charges unless that authority has first conducted a

referendum on its proposals.

(2)
The Electoral Commission shall determine—

(a)
those entitled to vote in such a referendum,

(b)
the wording of any question to be proposed in such a referendum.’.

Secretary Geoff Hoon

Agreed to  104

Page  2,  line  6  [Clause  1],  after ‘any’, insert ‘provision of this Act or any other’.

Adam Price

Hywel Williams

Not called  306

Page  2,  line  15  [Clause  2],  leave out ‘and Wales’.

Report Stage Proceedings: 27th October 2008
810

Local Transport Bill [Lords], continued

Adam Price

Hywel Williams

Not called  307

Page  2,  line  16  [Clause  2],  leave out ‘and’.

Adam Price

Hywel Williams

Not called  308

Page  2,  line  18  [Clause  2],  at end insert ‘; and

(c)
a single commissioner for the Welsh Traffic Area (the “Welsh traffic

commissioner”), whose offices shall be in the Welsh Traffic Area.’.

Norman Baker

Mr John Leech

Not selected  16

Page  2,  line  19  [Clause  2],  after ‘State’, insert ‘for a term of seven years, subject to

reappointment,’.

Adam Price

Hywel Williams

Not called  309

Page  2,  line  24  [Clause  2],  leave out ‘and Wales’.

Adam Price

Hywel Williams

Not called  310

Page  2,  line  26  [Clause  2],  leave out ‘and Wales’.

Adam Price

Hywel Williams

Not called  311

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

‘(3C)
The Welsh traffic commissioner—

(a)
is to exercise the functions of a traffic commissioner in relation to the

Welsh Traffic Area;

(b)
may exercise the functions of a traffic commissioner in England; and

(c)
may exercise in relation to the Scottish Traffic Area any functions of a

traffic commissioner that relate to reserved matters within the meaning of

the Scotland Act 1998.’.

Adam Price

Hywel Williams

Not called  312

Page  3,  line  4  [Clause  2],  at end insert—

‘“the Welsh traffic commissioner” is to be read in accordance with section

4(1)(c) (the traffic commissioner for the Welsh Traffic Area)’.

Report Stage Proceedings: 27th October 2008
811

Local Transport Bill [Lords], continued

Norman Baker

Mr John Leech

Not selected  17

Page  3,  line  16  [Clause  3],  leave out paragraph (a) and insert—

‘(a)
shall be appointed for a term of seven years; but’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

Not selected  1

Page  3,  line  16  [Clause  3],  leave out from ‘for’ to ‘but’ in line 17 and insert ‘a term

of five years’.

Adam Price

Hywel Williams

Not called  270

Page  3,  line  38  [Clause  3],  leave out ‘and Wales’.

Adam Price

Hywel Williams

Not called  271

Page  3,  line  42  [Clause  3],  at end insert—

‘(c)
subsections (7A) to (7C) confer powers on the senior traffic

commissioner in relation to the Welsh traffic commissioner and any

deputy traffic commissioners for the Welsh traffic area.’.

Adam Price

Hywel Williams

Not called  272

Page  3,  line  44  [Clause  3],  leave out ‘and Wales’.

Adam Price

Hywel Williams

Not called  273

Page  4,  line  1  [Clause  3],  leave out ‘and Wales’.

Adam Price

Hywel Williams

Not called  274

Page  4,  line  3  [Clause  3],  leave out ‘and Wales’.

Adam Price

Hywel Williams

Not called  275

Page  4,  line  7  [Clause  3],  leave out ‘and Wales’.

Adam Price

Hywel Williams

Not called  276

Page  4,  line  9  [Clause  3],  leave out ‘and Wales’.

Report Stage Proceedings: 27th October 2008
812

Local Transport Bill [Lords], continued

Adam Price

Hywel Williams

Not called  277

Page  4,  line  14  [Clause  3],  leave out ‘and Wales’.

Adam Price

Hywel Williams

Not called  278

Page  4,  line  15  [Clause  3],  leave out ‘and Wales’.

Adam Price

Hywel Williams

Not called  279

Page  4,  line  29  [Clause  3],  at end insert—

‘(7A)
The senior traffic commissioner may require the Welsh Traffic Commissioner to

carry out such of the functions of a traffic commissioner for England as the senior

traffic commissioner may determine—

(a)
in relation to such matters in England, or

(b)
as respects Scotland, in relation to such reserved matters,


as the senior traffic commissioner may determine.

(7B)
The senior traffic commissioner may require the Welsh Traffic Commissioner to

carry out such of those functions as the senior traffic commissioner may

determine at such places—

(a)
in England, or

(b)
in the case of functions which relate to reserved matters and are

exercisable in relation to Scotland, in Scotland, as the senior traffic

commissioner may determine.

(7C)
Subsections (7A) and (7B) above also apply to a deputy traffic commissioner for

the Welsh Traffic Area as they apply in relation to the Welsh Traffic

Commissioner, construing the references to functions accordingly.’.

Adam Price

Hywel Williams

Not called  280

Page  4,  line  34  [Clause  3],  at end insert—

‘“deputy traffic commissioner for the Welsh Traffic Area” means any

person appointed under paragraph 3 or 4 of Schedule 2 to this Act to act

as deputy in the case of the Welsh Traffic Commissioner.’.

Secretary Geoff Hoon

Agreed to  105

Page  5,  line  31  [Clause  3],  at end insert ‘, if the senior traffic commissioner

considers it appropriate’.

Secretary Geoff Hoon

Agreed to  106

Page  5,  line  32  [Clause  3],  at end insert ‘, if the senior traffic commissioner

considers it appropriate’.