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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—


 
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