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Clause added to the Bill.

New Clause 11


Provision that may be made in an order under section 78: membership of ITA

Brought up, read the First and Second time, and added to the Bill.

New Clause 12


Street works: reinstatement and remedial works

‘(1) The New Roads and Street Works Act 1991 (c. 22) is amended as follows.

(2) In section 48 (streets, street works and undertakers) after subsection (3) (meaning of “street works”) insert—

“(3A) For the purposes of subsection (3), the works that are street works by virtue of being works required for or incidental to street works of any particular kind include—

(a) reinstatement of the street, and


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(b) where an undertaker has failed to comply with his duties under this Part with respect to reinstatement of the street, any remedial works.”.

(3) In section 50 (street works licences) after subsection (1) (power to grant a licence to do certain works) insert—

“(1A) For the purposes of subsection (1), the works that are required for or incidental to works falling within paragraph (a) or (b) of that subsection include—

(a) reinstatement of the street, and

(b) where an undertaker has failed to comply with his duties under this Part with respect to reinstatement of the street, any remedial works.”.’.— [Paul Clark.]

Brought up, and read the First time.

Paul Clark: I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker (Sir Michael Lord): With this it will be convenient to discuss the following: Government new clause 23— Financial penalty deposits: powers of vehicle examiners in Scotland.

Government amendments Nos. 104, 112, 119, 120, 141 to 143, 146, 147, 155, 314, 159, 162 and 315.

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 works—for 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.

Amendment No. 162 amends the long title of the Bill, so as to reflect the subject matter of new clause 12.

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 Transport’s 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 Agency’s vehicle examiners in Scotland. Unless that deficiency is corrected, only police constables will be able to require
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the payment of deposits in respect of conditional offers in Scotland, which is not the way in which the legislation was intended to work.

Amendments Nos. 314 and 315 are minor consequential amendments to the extent clause and to the Bill’s long title.

Amendments Nos. 104, 112, 141 to 143, 146 and 147 are aimed at dealing with a relatively technical issue, and I shall do my best to explain them clearly to the House.

Shona McIsaac (Cleethorpes) (Lab): You do not have to.

Paul Clark: I rather think I should. It would be wrong of me not to explain the amendments.

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—

Norman Baker: Did you write this yourself?

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

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 itself—that is, the Bill we are considering—or 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
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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 body—its passenger transport executive—it 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 o’clock, we have not reached new clause 1, which relates to tolls on the Humber bridge—a matter of extreme importance on Humberside—will 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.

Graham Stringer: Yet again, I am grateful to my hon. Friend for giving way. Will that guidance stop repeat and vexatious appeals against a decision?

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 appoint—and hence to pay—persons 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.


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It being Nine o’clock, Mr. Deputy Speaker proceeded to put forthwith the Questions necessary for the disposal of business to be concluded at that hour, pursuant to Order [26 March].

New Clause 12


Street works: reinstatement and remedial works

‘(1) The New Roads and Street Works Act 1991 (c. 22) is amended as follows.

(2) In section 48 (streets, street works and undertakers) after subsection (3) (meaning of “street works”) insert—

“(3A) For the purposes of subsection (3), the works that are street works by virtue of being works required for or incidental to street works of any particular kind include—

(a) reinstatement of the street, and

(b) where an undertaker has failed to comply with his duties under this Part with respect to reinstatement of the street, any remedial works.”.

(3) In section 50 (street works licences) after subsection (1) (power to grant a licence to do certain works) insert—

“(1A) For the purposes of subsection (1), the works that are required for or incidental to works falling within paragraph (a) or (b) of that subsection include—

(a) reinstatement of the street, and

(b) where an undertaker has failed to comply with his duties under this Part with respect to reinstatement of the street, any remedial works.”.

New Clause 13


Advice by boards or their Commissioners

‘After section 126A insert—

“126AA Advice by boards or their Commissioners

(1) This section applies at any time after the traffic commissioner who is to chair the QCS board for the proposed scheme has been designated under section 126A.

(2) The QCS board may give advice about matters of a procedural nature to any person who requests it before the end of the appropriate period.

(3) For the purposes of subsection (2), the end of the appropriate period is—

(a) the date on which a scheme is made, or

(b) if no scheme is made, the date on which the authority or authorities give notice to the board under section 126AB(7) that they have decided not to proceed with the proposed scheme.

(4) The board may not, under subsection (2), give advice about the merits of the proposed scheme.

(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).

(6) In particular, regulations under subsection (5) may make provision that has the effect that—

(a) a person’s request for advice under subsection (2), or

(b) advice given under subsection (2) to a person,

must be, or may be, disclosed by the board to persons other than that person or to the public generally.

(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.”.’


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New Clause 14


Consideration of proposed schemes by boards

‘After section 126AA insert—

“126AB Requests for boards to begin consideration etc of proposed schemes

(1) This section applies in any case where—

(a) the proposed scheme is for an area in England, and

(b) the authority or authorities have complied with the requirements of section 125(1) to (3).

(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—

(a) copies of all written responses received from the persons consulted,

(b) information about representations made orally at meetings or other events held by the authority or authorities during the consultation period,

(c) a summary of the action which the authority or authorities have taken to comply with the requirements of section 125(1) to (3).

(3) The authority or authorities must have complied with subsection (2) before they send the board a request under subsection (4).

(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.

(5) If the authority or authorities send the board a request under subsection (4), they must also—

(a) publish the request,

(b) send to the board a copy of the proposed scheme that it is to consider under section 126AC,

(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.

(6) If, following the sending of a request under subsection (4), the authority or authorities—

(a) modify the proposed scheme under section 125(5) or section 126AC(7), and

(b) desire the QCS board to exercise its functions under section 126AC in relation to the proposed scheme, as modified,

they may send the board a further request under subsection (4).

(7) If at any time the authority or authorities decide not to proceed with the proposed scheme, they must—

(a) give written notice of that decision to the QCS board, and

(b) publish notice that they have done so.

126AC Consideration of proposed schemes by boards

(1) Following receipt of a request from the authority or authorities under section 126AB(4), the QCS board is to consider the proposed scheme and—

(a) form an opinion whether the conditions set out in the paragraphs of section 124(1) or, as the case may be, of section 124(1A) are met in the case of the proposed scheme;

(b) form an opinion whether the authority or authorities have complied with the requirements of section 125(1) to (3).

(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.


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