(1) An order made by virtue of section 78(2)(a) which includes provision about the number and appointment of members of the ITA must provide
(a) for a majority of the members of the ITA to be appointed by the ITAs constituent councils (see subsection (2)),
(b) for those members to be appointed from among the elected members of the constituent councils, and
(c) for each of the representative councils (see subsection (3)) to appoint at least one of its elected members as a member of the ITA.
(2) For the purposes of this section, the constituent councils of an ITA are
(a) any county council, and
(b) any district council,
for an area within the integrated transport area of the ITA.
(3) For the purposes of subsection (1)(c), the following councils are representative councils in respect of an area which is, or is to be designated as, the integrated transport area of an ITA
(a) if that area includes the whole of a county, the county council;
(b) if that area includes a metropolitan district or a non-metropolitan district comprised in an area for which there is no county council, the district council;
(c) if that area includes one or more districts in a county but does not include the whole county, either the county council or the council for each of those districts (as determined by or in accordance with the order).
(4) If an order under section 78 provides (by virtue of subsection (2)(a) of that section) for members of an ITA to be appointed otherwise than from among the elected members of its constituent councils, the order must provide (by virtue of subsection (2)(b) of that section) for those members to be non-voting members.
(5) The voting members of an ITA may resolve that provision made in accordance with subsection (4) is not to apply in the case of the ITA.. [Paul Clark.]
Paul Clark: I will deal first with new clause 12. Government policy is to encourage efficient and effective working in the highway, with works properly co-ordinated by the highways authority. Key to that is the need for the authority to be given notice of works on its highways to be carried out by undertakers, whether they are placing, maintaining or removing apparatus in or below the highways or of consequential worksfor instance, carrying out a permanent reinstatement as a separate phase or works to remedy a failure to complete a reinstatement to the correct standard in the first place. That is known as remedial works. All occupy the highway and impact on our crowded roads.
Following a judgment by the divisional court last November, there is a lack of legal certainty about what works are required for, or incidental to, placing, maintaining or removing apparatus and what fall within the definition of street works. The amendment is intended to confirm the existing view and practice that street works include reinstatement or remedial works and to remove the uncertainty.
The purpose of amendment No. 159 is to bring amendments to the New Roads and Street Works Act 1991 into force automatically two months after Royal Assent rather than by commencement order. This means that any uncertainty about the definition of street works can be removed as quickly as possible.
New clause 23 amends the definition of conditional offers in section 90F of the Road Traffic Offenders Act 1988, so that it refers also to conditional offers made by the Department of Transports vehicle examiners in Scotland. It is needed to ensure that the provisions inserted by the Road Safety Act 2006 into the Road Traffic Offenders Act 1988 will work as originally intended. Unfortunately, when the Road Safety Act 2006 was drafted, the definition of conditional offer in this context was not amended to include conditional offers issued by the Vehicle and Operator Services Agencys vehicle examiners in Scotland. Unless that deficiency is corrected, only police constables will be able to require
the payment of deposits in respect of conditional offers in Scotland, which is not the way in which the legislation was intended to work.
The Bill includes a number of powers to make secondary legislation to amend other legislation, including primary legislation where necessary, as a consequence of provisions made either by the Bill or by secondary legislation made by virtue of the Bill. In effect, those powers aid proper implementation of the Bill by ensuring that other relevant legislation can be amended to make it consistent. For the present debate, the relevant powers are contained in clauses 1 and 6, about the traffic commissioners, and clauses 68 and 69, about passenger representation. Each of those powers is limited to making consequential, incidental, supplementary or transitional provision, or savings. In other words
Paul Clark: No. In other words, any secondary legislation amending legislation under those powers must be directly related to the implementation of provisions contained in the Bill itself. Each of the powers that I have referred to is expressed to include power to amend
any enactment (whenever passed or made).
That wording makes it clear that each power can be used to make consequential and other amendments to enactments passed or made both before or after the Act that contains the power. However, it leaves open some ambiguity as to whether the powers can be used to make consequential and other amendments to the Act that contains the power itselfthat is, the Bill we are consideringor to the amendments to other Acts, such as the Transport Act 2000, that the Bill will make. It is important for the Bill to be clear on that point, and the purpose of the amendments is simply to provide that clarity.
Amendment No. 155 also relates to a power in the Bill for the Secretary of State to make secondary legislation. Clause 86 allows the Secretary of State to make secondary legislation containing consequential, transitional or supplementary provisions. Those would support the changes to transport governance arrangements in individual areas of the country that he could make under clauses 78 to 84.
As I explained to hon. Members earlier, the Bill allows flexibility for different governance arrangements to be put in place in different areas, and for changes to be made to existing arrangements. Depending on what those changes are, it may also be necessary for the orders that give statutory effect to those revised
arrangements to make incidental or consequential changes to other legislation. For example, and to help the House, if an ITA decides that it wants to make changes to the structure and functions of its executive bodyits passenger transport executiveit will probably be necessary to make consequential changes to the Transport Act 1968, in which the structure and functions of PTEs are set out.
Mr. Greg Knight: If I may, I shall move the Minister ahead a little. If, by 9 oclock, we have not reached new clause 1, which relates to tolls on the Humber bridgea matter of extreme importance on Humbersidewill he agree to meet on that matter a delegation comprising me and some of his hon. Friends? Perhaps he will mention that en passant.
Paul Clark: En passant, in connection with the amendments, that is one thing that has been reflected on in the House in relation to my discussions about the Bill with Members over the past three weeks. I am more than happy to be able to meet a cross-party delegation to discuss the Humber bridge.
I shall return to the point I was making, because I know that hon. Members will want to avoid losing the thread of what those powers require. They involve making different orders to reflect different governance arrangements. Were we to need to make, say, eight different orders covering eight different parts of the country, making eight sets of textual changes to various pieces of existing legislation, that would make matters extremely complex and difficult for legislators to understand in the future. Given that, we think it would be simpler for the Bill also to allow for modification of legislation, where that is more appropriate. Hence the proposal before us.
Finally, amendments Nos. 119 and 120 relate to quality partnership schemes that include requirements on frequencies, timings or maximum fares. Under clause 13, such requirements may be included only where there are no admissible objections from relevant operators. The Government have published for consultation draft regulations and guidance setting out in detail how it is proposed that those terms should be defined.
Paul Clark: That is one of the intentions and we made it clear that we would want to see it happen. Our purpose is to ensure that we get in place the structures and requirements to deliver decent bus services throughout our towns and cities.
Having reviewed the provision further, the Welsh Assembly Government have indicated that they wish to preserve the flexibility for the Welsh Ministers to appointand hence to paypersons other than those who might be appointed for those purposes in England. Accordingly, they would like the Bill to include a power for the Welsh Ministers not only to appoint such persons, but to pay them for their services. The new clauses and amendments constitute a direct response to that request, and confer on the Welsh Ministers a power equivalent to the one that clause 18, as amended in Committee, confers on the Secretary of State.
(5) If the Secretary of State thinks it appropriate to do so in connection with securing propriety in the giving of advice under subsection (2), the Secretary of State may by regulations make provision about the giving of advice under that subsection (but not about what the advice is to be).
(7) In relation to requests received at any time before the members of the board have been designated, the functions of the board under this section are exercisable on behalf of the board by the traffic commissioner who has been designated to chair the board..
(2) If the authority or authorities wish to proceed with the proposed scheme, they must send each of the following to the QCS board as soon as reasonably practicable after the end of the consultation period
(4) When the authority or authorities consider it appropriate to do so, they are to send to the board a written request for it to begin the performance of its functions under section 126AC in relation to the proposed scheme.
(c) if the proposed scheme mentioned in section 125(2) differs from the proposed scheme mentioned in paragraph (b), publish a notice stating where a copy of the proposed scheme mentioned in paragraph (b) may be inspected.
(2) If the board is of the opinion that the conditions mentioned in subsection (1)(a) are not met, it may make recommendations as to actions that the authority or authorities might take in response to that opinion.