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
855

Local Transport Bill [Lords], continued

‘“passenger transport facilities” means facilities for services of a kind

mentioned in paragraphs (a) to (c) of subsection (1);’.

Secretary Geoff Hoon

Agreed to  150

Page  61,  line  4  [Clause  69],  at end insert—

‘“tramway passenger service” means any service for the carriage of

passengers by tramway.”.’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

Mr Greg Knight

Not called  11

Page  64,  line  6  [Clause  73],  at end insert—

‘(2A)
An order may be made only if all of the constituent councils of the proposed ITA

have approved the scheme by means of—

(a)
a resolution, and

(b)
a public referendum.’.

Secretary Geoff Hoon

Agreed to  151

Page  64,  line  22,  [Clause  73],  leave out subsections (7) to (9).

Norman Baker

Mr John Leech

Not called  29

Page  64,  line  31  [Clause  73],  leave out paragraph (b) and insert—

‘(b)
for those members to be appointed from among the elected members of

the constituent councils in such numbers as to be proportionate to the

representation of political parties on those councils’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

Not called  12

Page  64,  line  32  [Clause  73],  at end insert ‘, and

(c)
for those members to be appointed from among the members of the

different political parties represented in the constituent councils, in such

numbers as to be proportionate to the representation of political parties

on those councils’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

Not called  13

Page  64,  line  32  [Clause  73],  at end insert—

Report Stage Proceedings: 27th October 2008
856

Local Transport Bill [Lords], continued

‘(8A)
Only those members appointed from among the elected members of the

constituent councils under subsection (8) will be permitted to vote in the ITA’.

Secretary Geoff Hoon

Agreed to  152

Page  66,  line  43,  [Clause  76],  leave out ‘direction’ and insert ‘review’.

Norman Baker

Mr John Leech

Negatived on division  26

Page  68,  line  29  [Clause  78],  at end insert ‘but which arrangements must provide

that members of the ITA who are not elected members of the ITA’s constituent councils

may not vote unless this is unanimously agreed by the ITA’s elected members.’.

Secretary Geoff Hoon

Agreed to  153

Page  68,  line  32,  [Clause  78],  leave out subsections (3) and (4).

Graham Stringer

Mr Clive Betts

Ian Stewart

Ms Angela C. Smith

Mr Paul Truswell

Not called  101

Page  68,  line  37  [Clause  78],  at end insert—

‘(c)
for the ITA to determine what matters members of the ITA who are not

elected members of the constituent councils may not vote on (which may

include any matters relating to the funding or expenditure of the ITA,

whether of a capital or revenue nature).’.

Secretary Geoff Hoon

Agreed to  154

Page  69,  line  43,  [Clause  80],  at end insert—

‘( )
An order under this section which provides for the delegation of any function of

a charging authority within the meaning of Part 3 of the TA 2000 may be made—

(a)
where the area in relation to which the order has effect comprises all or

part of the area of one charging authority, only with the consent of that

authority;

(b)
where that area comprises all or part of the area of two or more charging

authorities, only with the consent of a majority of those authorities.’.

Report Stage Proceedings: 27th October 2008
857

Local Transport Bill [Lords], continued

Secretary Geoff Hoon

Agreed to  155

Page  73,  line  41,  [Clause  86],  after ‘amending,’, insert ‘modifying,’.

Secretary Geoff Hoon

Agreed to  156

Page  73,  line  42,  [Clause  86],  at end insert—

‘( )
The provision which may be included by virtue of subsection (4) does not include

provision amending or disapplying sections 15 to 17 of, and Schedule 1 to, the

Local Government and Housing Act 1989 (c. 42) (political balance on local

authority committees etc).’.

Secretary Geoff Hoon

Agreed to  157

Page  74,  line  6  [Clause  87],  at end insert—

‘(3)
If, apart from this subsection, an instrument containing an order under this

Chapter would be treated for the purposes of the standing orders of either House

of Parliament as a hybrid instrument, it shall proceed in that House as if it were

not a hybrid instrument.’.

Graham Stringer

Not called  64

Page  74  [Clause  87],  leave out subsection (2) and insert—

‘(2)
The Secretary of State may not make an order under this Chapter unless the

Secretary of State has laid a draft of the order before each House of Parliament

and the remaining provisions of this section have been complied with.

(3)
The Secretary of State must have regard to—

(a)
any representations,

(b)
any resolution of either House of Parliament; and

(c)
any recommendations of a committee of either House of Parliament on

the draft order,


made on or with regard to the draft order during the 60-day period.

(4)
If, after the expiry of the 60-day period, the Secretary of State wishes to make an

order in the terms of the draft, he must lay before Parliament a statement—

(a)
stating whether any representations were made under subsection (3)(a);

and

(b)
if any representations were so made, giving details of them.

(5)
The Secretary of State may after the laying of such a statement make an order in

the terms of the draft if it is first approved by a resolution of each House of

Parliament.

(6)
However, a committee of either House may, at any time after the laying of a

statement under subsection (4) and before the draft order is approved by that

House under subsection (5), recommend under this subsection that no further

proceedings be taken in relation to the draft order.

(7)
Where a recommendation is made by a committee of either House under

subsection (6) in relation to a draft order, no proceedings may be taken in relation

to the draft order in that House under subsection (5) unless the recommendation

is, in the same Session, rejected by resolution of that House.

Report Stage Proceedings: 27th October 2008
858

Local Transport Bill [Lords], continued

(8)
If, after the expiry of the 60-day period, the Secretary of State wishes to make an

order consisting of a version of the draft order with material changes, he must lay

before Parliament—

(a)
a revised draft order; and

(b)
a statement giving details of—

(i)
any representations made under subsection (3)(a); and

(ii)
the revisions proposed.

(9)
The Secretary of State may after laying a revised draft order and statement under

subsection (8) make an order in the terms of the revised draft if it is first approved

by a resolution of each House of Parliament.

(10)
However, a committee of either House may, at any time after the revised draft

order is laid under subsection (8) and before it is approved by that House under

subsection (9), recommend under this subsection that no further proceedings be

taken in relation to the revised draft order.

(11)
Where a recommendation is made by a committee of either House under

subsection (10) in relation to a revised draft order, no proceedings may be taken

in relation to the revised draft order in that House under subsection (9) unless the

recommendation is, in the same Session, rejected by resolution of that House.

(12)
Where a person making representations under subsection (3)(a) has requested the

Secretary of State not to disclose them, the Secretary of State must not disclose

them under subsections (4)(b) or (8)(b)(i) if or to the extent that to do so would

(disregarding any connection with proceedings in Parliament) constitute a breach

of confidence actionable by any person.

(13)
If information in representations made by a person in response to consultation

under subsection (3)(a) relates to another person, the Secretary of State need not

disclose the information under subsection (4)(b) or (8)(b)(i) if or to the extent

that—

(a)
it appears to the Secretary of State that the disclosure of that information

could adversely affect the interests of that other person; and

(b)
the Secretary of State has been unable to obtain the consent of that other

person to the disclosure.

(14)
Subsections (12) and (13) do not affect any disclosure that is requested by, and

made to, a committee of either House of Parliament charged with reporting on the

draft order.

(15)
For the purposes of subsections (5) and (9) an order is made in the terms of a draft

order if it contains no material changes to the provisions of the draft order.

(16)
In this section the “60-day period” means the period of 60 days beginning with

the day on which the draft order was laid before Parliament under subsection

(2).’.

Stephen Hammond

Mrs Theresa Villiers

Jeremy Wright

Not called  14

Page  81,  line  36,  leave out Clause 104.

Secretary Geoff Hoon

Agreed to  158

Page  81,  line  38  [Clause  104],  at end insert—

‘(1A)
For subsection (1) substitute—