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| | ‘“passenger transport facilities” means facilities for services of a kind |
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| | mentioned in paragraphs (a) to (c) of subsection (1);’. |
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| Page 61, line 4 [Clause 69], at end insert— |
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| | ‘“tramway passenger service” means any service for the carriage of |
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| | passengers by tramway.”.’. |
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| Page 64, line 6 [Clause 73], at end insert— |
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| | ‘(2A) | An order may be made only if all of the constituent councils of the proposed ITA |
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| | have approved the scheme by means of— |
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| | |
| | (b) | a public referendum.’. |
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| Page 64, line 22, [Clause 73], leave out subsections (7) to (9). |
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| Page 64, line 31 [Clause 73], leave out paragraph (b) and insert— |
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| | ‘(b) | for those members to be appointed from among the elected members of |
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| | the constituent councils in such numbers as to be proportionate to the |
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| | representation of political parties on those councils’. |
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| Page 64, line 32 [Clause 73], at end insert ‘, and |
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| | (c) | for those members to be appointed from among the members of the |
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| | different political parties represented in the constituent councils, in such |
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| | numbers as to be proportionate to the representation of political parties |
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| Page 64, line 32 [Clause 73], at end insert— |
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| |
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| | ‘(8A) | Only those members appointed from among the elected members of the |
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| | constituent councils under subsection (8) will be permitted to vote in the ITA’. |
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| Page 66, line 43, [Clause 76], leave out ‘direction’ and insert ‘review’. |
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| Page 68, line 29 [Clause 78], at end insert ‘but which arrangements must provide |
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| that members of the ITA who are not elected members of the ITA’s constituent councils |
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| may not vote unless this is unanimously agreed by the ITA’s elected members.’. |
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| |
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| Page 68, line 32, [Clause 78], leave out subsections (3) and (4). |
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| Page 68, line 37 [Clause 78], at end insert— |
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| | ‘(c) | for the ITA to determine what matters members of the ITA who are not |
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| | elected members of the constituent councils may not vote on (which may |
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| | include any matters relating to the funding or expenditure of the ITA, |
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| | whether of a capital or revenue nature).’. |
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| Page 69, line 43, [Clause 80], at end insert— |
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| | ‘( ) | An order under this section which provides for the delegation of any function of |
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| | a charging authority within the meaning of Part 3 of the TA 2000 may be made— |
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| | (a) | where the area in relation to which the order has effect comprises all or |
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| | part of the area of one charging authority, only with the consent of that |
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| | |
| | (b) | where that area comprises all or part of the area of two or more charging |
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| | authorities, only with the consent of a majority of those authorities.’. |
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| Page 73, line 41, [Clause 86], after ‘amending,’, insert ‘modifying,’. |
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| Page 73, line 42, [Clause 86], at end insert— |
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| | ‘( ) | The provision which may be included by virtue of subsection (4) does not include |
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| | provision amending or disapplying sections 15 to 17 of, and Schedule 1 to, the |
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| | Local Government and Housing Act 1989 (c. 42) (political balance on local |
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| | authority committees etc).’. |
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| Page 74, line 6 [Clause 87], at end insert— |
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| | ‘(3) | If, apart from this subsection, an instrument containing an order under this |
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| | Chapter would be treated for the purposes of the standing orders of either House |
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| | of Parliament as a hybrid instrument, it shall proceed in that House as if it were |
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| | not a hybrid instrument.’. |
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| |
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| Page 74 [Clause 87], leave out subsection (2) and insert— |
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| | ‘(2) | The Secretary of State may not make an order under this Chapter unless the |
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| | Secretary of State has laid a draft of the order before each House of Parliament |
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| | and the remaining provisions of this section have been complied with. |
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| | (3) | The Secretary of State must have regard to— |
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| | |
| | (b) | any resolution of either House of Parliament; and |
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| | (c) | any recommendations of a committee of either House of Parliament on |
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| | |
| | | made on or with regard to the draft order during the 60-day period. |
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| | (4) | If, after the expiry of the 60-day period, the Secretary of State wishes to make an |
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| | order in the terms of the draft, he must lay before Parliament a statement— |
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| | (a) | stating whether any representations were made under subsection (3)(a); |
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| | |
| | (b) | if any representations were so made, giving details of them. |
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| | (5) | The Secretary of State may after the laying of such a statement make an order in |
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| | the terms of the draft if it is first approved by a resolution of each House of |
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| | |
| | (6) | However, a committee of either House may, at any time after the laying of a |
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| | statement under subsection (4) and before the draft order is approved by that |
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| | House under subsection (5), recommend under this subsection that no further |
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| | proceedings be taken in relation to the draft order. |
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| | (7) | Where a recommendation is made by a committee of either House under |
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| | subsection (6) in relation to a draft order, no proceedings may be taken in relation |
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| | to the draft order in that House under subsection (5) unless the recommendation |
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| | is, in the same Session, rejected by resolution of that House. |
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| |
| |
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| | (8) | If, after the expiry of the 60-day period, the Secretary of State wishes to make an |
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| | order consisting of a version of the draft order with material changes, he must lay |
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| | |
| | (a) | a revised draft order; and |
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| | (b) | a statement giving details of— |
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| | (i) | any representations made under subsection (3)(a); and |
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| | (ii) | the revisions proposed. |
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| | (9) | The Secretary of State may after laying a revised draft order and statement under |
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| | subsection (8) make an order in the terms of the revised draft if it is first approved |
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| | by a resolution of each House of Parliament. |
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| | (10) | However, a committee of either House may, at any time after the revised draft |
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| | order is laid under subsection (8) and before it is approved by that House under |
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| | subsection (9), recommend under this subsection that no further proceedings be |
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| | taken in relation to the revised draft order. |
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| | (11) | Where a recommendation is made by a committee of either House under |
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| | subsection (10) in relation to a revised draft order, no proceedings may be taken |
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| | in relation to the revised draft order in that House under subsection (9) unless the |
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| | recommendation is, in the same Session, rejected by resolution of that House. |
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| | (12) | Where a person making representations under subsection (3)(a) has requested the |
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| | Secretary of State not to disclose them, the Secretary of State must not disclose |
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| | them under subsections (4)(b) or (8)(b)(i) if or to the extent that to do so would |
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| | (disregarding any connection with proceedings in Parliament) constitute a breach |
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| | of confidence actionable by any person. |
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| | (13) | If information in representations made by a person in response to consultation |
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| | under subsection (3)(a) relates to another person, the Secretary of State need not |
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| | disclose the information under subsection (4)(b) or (8)(b)(i) if or to the extent |
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| | |
| | (a) | it appears to the Secretary of State that the disclosure of that information |
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| | could adversely affect the interests of that other person; and |
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| | (b) | the Secretary of State has been unable to obtain the consent of that other |
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| | person to the disclosure. |
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| | (14) | Subsections (12) and (13) do not affect any disclosure that is requested by, and |
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| | made to, a committee of either House of Parliament charged with reporting on the |
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| | |
| | (15) | For the purposes of subsections (5) and (9) an order is made in the terms of a draft |
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| | order if it contains no material changes to the provisions of the draft order. |
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| | (16) | In this section the “60-day period” means the period of 60 days beginning with |
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| | the day on which the draft order was laid before Parliament under subsection |
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| Page 81, line 36, leave out Clause 104. |
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| Page 81, line 38 [Clause 104], at end insert— |
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| | ‘(1A) | For subsection (1) substitute— |
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|