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Amendments made: No. 163, page 18, line 27, leave out subsection (3) and insert—
‘(3) For subsection (2) (need to comply with notice and consultation requirements and obtain approval of appropriate national authority) substitute—
“(2) A quality contracts scheme may not be made unless the authority or authorities—
(a) have complied with the requirements of section 125,
(b) in the case of a scheme for an area in Wales, have obtained the approval of the Welsh Ministers in accordance with section 126, and
(c) in the case of a scheme for an area in England, meet the requirements of subsection (2A).
(2A) The requirements are that the authority or authorities—
(a) have published under section 126AB(5) the request which they sent to the QCS board under section 126AB(4), and
(b) publish, in accordance with section 127(1A), a response prepared by them to the report published by the QCS board under section 126AC(5) in relation to the scheme.”.’.
No. 121, in page 18, line 29, at end insert—
‘( ) In subsection (3)(b) (under quality contracts scheme local services to be provided only under quality contracts) after “section 127(4)” insert “and section 132C”.’.— [Paul Clark.]
Amendments made: No. 164, page 19, line 6, leave out ‘and’.
No. 165, in page 19, line 9, after ‘relates’, insert
‘, and
(d) if the proposed scheme relates to an area in England, send a copy of that notice to the senior traffic commissioner as soon as reasonably practicable after its publication.’.
No. 166, page 19, line 30, at end insert—
‘(f) the date by which any written responses to the consultation must be submitted to the authority or authorities.’.
No. 167, page 19, line 36, at end insert—
‘(1C) In subsection (1A)(e) “chief finance officer”, in relation to a local transport authority, means that officer of the authority who is responsible under—
(a) section 151 of the Local Government Act 1972, or
(b) section 73 of the Local Government Act 1985,
for making arrangements for the proper administration of the financial affairs of the authority.”.’.
No. 168, in page 19, line 41, at end insert—
‘(4A) In subsection (3) (consultees) at the beginning of paragraph (e) (traffic commissioners for the area of the scheme) insert “if the proposed scheme relates to an area in Wales,”.’.
No. 169, page 19, leave out lines 42 to 47.— [Paul Clark.]
Amendments made: No. 170, page 20, line 3, at end insert—
‘(1A) Before subsection (1) insert—
“(A1) This section has effect in any case where the scheme or proposed scheme relates to an area in Wales.”.’.
No. 171, page 20, line 3, at end insert—
‘(1B) In subsection (1) (which refers to compliance with section 125) after “complied with” insert “the requirements of”.’.
No. 172, in page 20, line 4, leave out subsections (2) and (3).
No. 173, page 20, line 12, at end insert—
‘( ) In subsection (3) (right of person consulted under section 125(3) to make representations) for “consulted” substitute “who was consulted, or who is aggrieved at not being consulted,”.’.
No. 174, page 20, line 13, after ‘(4)(a)’, insert ‘—
No. 175, page 20, line 14, at end insert ‘, and
(b) omit “or (as the case may be) paragraphs (a) to (d) of section 124(1A)”.’.
No. 176, page 20, line 15, leave out subsection (5).
No. 177, page 20, line 18, at end insert—
‘(6) The heading to the section accordingly becomes “Approval of proposed schemes for areas in Wales”.’..— [Paul Clark.]
Amendments made: No. 178, page 20, leave out lines 22 and 23 and insert—
‘(1) Where the senior traffic commissioner receives a copy of a notice sent by the authority or authorities pursuant to section 125(1)(d), a board (a “QCS board”) is to be constituted in accordance with the provisions of this Part to discharge the functions of such a board in relation to the proposed scheme.
(1A) The board is to consist of 3 members.’.
No. 179, page 20, leave out lines 29 and 30 and insert—
‘(4) Within a prescribed period of receiving the copy of the notice mentioned in subsection (1), the senior traffic commissioner is to—
(a) designate the traffic commissioner who is to be the Commissioner in the case of the particular board,
(b) give notice of that designation to the authority or authorities, in accordance with the prescribed procedure, identifying the person designated,
(c) publish, in such manner as may be prescribed, notice of the designation, identifying the person designated.’.
No. 180, page 20, line 34, leave out
‘the traffic commissioner’s knowledge of the area in question’
‘any particular knowledge or experience that the traffic commissioner may have’.
No. 181, page 21, line 8, leave out ‘that duty is’ and insert
‘the duties of the senior traffic commissioner under that subsection are’.
No. 182, page 21, line 9, at end insert—
‘(8A) The persons who are to be members of the board by virtue of subsection (2)(b) are to be designated in such manner and at such time as may be prescribed.’.
No. 183, page 21, line 13, at end insert—
‘(10) In this section “prescribed” means prescribed in regulations under section 126B or 133.”.’.
No. 184, page 21, line 13, at end insert—
‘(2) In section 162 of the TA 2000 (interpretation of Part 2) insert the following definition at the appropriate place in subsection (1)—
““QCS board” is to be read in accordance with section 126A(1),”.’.— [Paul Clark.]
Amendments made: No. 185, in page 21, line 15, leave out ‘126A’ and insert ‘126AC’.
No. 186, page 21, line 16, leave out ‘approvals boards for England’ and insert ‘boards’.
No. 187, page 21, line 17, leave out ‘rules’ and insert ‘regulations’.
No. 188, page 21, line 17, at end insert—
‘( ) with respect to the constitution of a QCS board,
( ) with respect to the powers and duties of any such board,’.
No. 189, page 21, line 19, leave out ‘approvals board for England’ and insert ‘such board’.
No. 190, page 21, line 22, leave out ‘rules’ and insert ‘regulations’.
No. 191, page 21, leave out lines 24 to 32 and insert—
‘(a) provision about requests under section 126AB(4);
(b) provision for an acknowledgement of the receipt of any such request to be issued by such person, and within such time, as may be prescribed in the regulations;
(c) the procedure to be followed in cases where a further request under section 126AB(4) is sent to the QCS board by virtue of section 126AB(6) in relation to a proposed scheme which has been modified (the “modified scheme”);
(d) provision for or in connection with the making of representations about the modified scheme;
(e) the publication by the board of provisional findings before it publishes its report.’.
No. 192, page 21, line 34, leave out ‘approvals board for England’ and insert ‘QCS board’.
No. 193, page 21, line 34, leave out from ‘normally’ to end of line 35 and insert ‘have published its report’.
No. 194, page 21, line 36, leave out ‘an approvals board for England’ and insert ‘a QCS board’.
No. 195, page 21, line 37, leave out from ‘to’ to end of line 38 and insert ‘publish its report within that time.’.
No. 196, page 21, line 39, leave out from beginning to end of line 2 on page 22 and insert—
‘(5) If a QCS board does not publish its report within that time, the Commissioner must immediately prepare a statement of—
(a) the reasons why the board has not published its report within that time;
(b) the action the board is taking to publish its report as soon as reasonably practicable;
(c) the time within which it is expected that the board will publish its report.’.
No. 197, page 22, line 7, leave out
‘that made the application for approval’
‘proposing to make the scheme’.
No. 198, page 22, line 10, after ‘a’, insert ‘QCS’.
No. 199, page 22, line 12, after ‘A’, insert ‘QCS’.
No. 200, page 22, leave out lines 14 and 15.
No. 201, page 22, line 17, at end insert—
‘“report” means the report which the board is required to publish by virtue of section 126AC(5).”.’.
No. 202, in page 22, leave out lines 18 to 23.— [Paul Clark.]
Amendments made: No. 203, page 22, line 24, leave out Clause 24.
No. 204, page 23, line 38, leave out Clause 25.— [Paul Clark.]
Amendments made: No. 205, page 25, leave out lines 14 to 35 and insert—
‘(2) For subsection (1) (making of scheme to be not later than 6 months after approval by appropriate national authority) substitute—
“(1) The authority or authorities who proposed the scheme may make it—
(a) in the case of a scheme for an area in England, in accordance with the requirements of subsection (1A);
(b) in the case of a scheme for an area in Wales, in accordance with the requirements of subsection (1B).
(1A) If the scheme is for an area in England, the authority or authorities who proposed it—
(a) must not make the scheme until they publish a response prepared by them to the report published by the QCS board under section 126AC(5) in relation to the scheme, but
(b) subject to that, may make the scheme at any time not later than 6 months after the publication of that report.
Any such response must state the actions (if any) which the authority or authorities have taken in relation to each of the board’s recommendations (if any) under section 126AC(2) or (3).
(a) the scheme is for an area in Wales, and
(b) the Welsh Ministers approve the scheme under section 126,
the authority or authorities who proposed it may make it, as approved, at any time not later than 6 months after the date of the approval.”.’.
No. 206, page 26, line 5, leave out
‘the authority or authorities propose to’
‘it is proposed that the authority or authorities will’.
No. 207, in page 26, line 15, leave out ‘(1), (1A)’ and insert ‘(1A), (1B)’.
No. 208, page 26, line 15, at end insert—
‘( ) In section 162(4) of the TA 2000 (provisions where references to Passenger Transport Authorities or Integrated Transport Authorities are to be read as references to Passenger Transport Executives) insert at the appropriate place in the list of provisions—
“section 127(3A),”.’.— [Paul Clark.]
Amendments made: No. 122, page 26, line 30, at end insert—
‘(c) in paragraph (b), after “under a quality contract” insert “or is an interim service (see section 132C)”.’.
No. 123, in page 26, line 36, after ‘registration’, insert ‘or variation’.— [Paul Clark.]
Amendments made: No. 209, page 27, line 12, leave out first ‘the’ and insert ‘a quality contracts’.
No. 210, page 27, line 15, leave out from ‘must’ to end of line 22 and insert
‘, unless the proposal that the scheme should continue is an exempt continuation proposal (see section 131AA), comply with the requirements of—
(a) section 124(2)(b) (approval by Welsh Ministers), if the scheme is for an area in Wales, or
(b) section 124(2)(c) (publication of request to, and response to report of, QCS board), if the scheme is for an area in England.’.
No. 211, page 27, line 22 , at end insert—
‘(2A) Section 125 applies in relation to the continuation of a scheme under this section as it applies in relation to the making of a scheme, but with the following modifications—
(a) any reference to a proposal to make a scheme is to be read as a reference to a proposal for the continuation of a scheme,
(b) any reference to the proposed scheme is to be read as a reference to the scheme as proposed to continue in operation,
and with the further modifications specified in subsections (2B) and (3), but this is subject to such modifications or exclusions as may be prescribed by regulations under section 133.
(2B) If the proposal is an exempt continuation proposal—
(a) section 125(1)(d) (duty to send copy of notice to senior traffic commissioner if scheme relates to area in England) does not apply, but
(b) section 125(3)(e) (duty to consult traffic commissioners for areas to which scheme relates) applies with the omission of the words “if the proposed scheme relates to an area in Wales,”.’.
No. 212, page 27, line 23, leave out
‘mentioned in subsection (2)(a) must’
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