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‘that is to be published by virtue of section 125(1)(a), as applied by subsection (2A), must (instead of complying with section 125(1A))’.
No. 213, page 27, line 44, leave out from ‘exempt’ to ‘a’ in line 45 and insert ‘continuation proposal,’.
No. 214, page 28, line 8, at end insert—
‘(j) the date by which any written responses to the consultation must be submitted to the authority or authorities.’.
No. 215, page 28, line 8, at end insert—
‘(3A) For the purposes of this section—
(a) subsection (1B) of section 125 (matters to be included in the description of the proposed scheme) applies for the purposes of subsection (3)(a) as it applies for the purposes of subsection (1A)(a) of that section, and
(b) subsection (1C) of that section (meaning of “chief finance officer”) applies for the purposes of subsection (3)(h) as it applies for the purposes of subsection (1A)(e) of that section.’.
No. 216, page 28, leave out lines 9 to 16.
No. 217, page 28, line 17, leave out ‘(2)(a)’ and insert ‘(3)’.
No. 218, page 28, line 18, leave out ‘subsection (2)’ and insert
‘section 125(1)(a) and (b) (as applied by this section)’.
No. 219, page 28, line 19, after ‘before’, insert
‘the scheme’s expiry date.
(5A) For the purposes of this section, a scheme’s “expiry date” is’.
No. 220, page 28, line 24, at end insert—
‘(5B) The period for which a scheme continues in operation by virtue of a decision under subsection (1) may begin—
(a) on such day falling before, on, or immediately after the scheme’s expiry date as the authority or authorities decide, or
(b) if the circumstances are such that the continuation of the scheme cannot begin on a day falling within paragraph (a), on such later day as the authority or authorities decide in accordance with regulations made by the appropriate national authority for the purposes of such circumstances.’.
No. 221, page 28, line 28, leave out from ‘until’ to end of line 49 and insert—
‘(a) in a case where the scheme is to continue in operation for a further period, the day before the beginning of that period, or
(b) in any other case, the scheme’s expiry date.’.
No. 222, page 28, line 49, at end insert—
‘( ) Section 130 (tendering) applies to a scheme that continues in operation under this section (whether or not the proposal for the scheme to continue in operation was an exempt continuation proposal) but subject to regulations made by the appropriate national authority under section 133(3).”.’..— [Paul Clark.]
Amendment made: No. 223, page 29, line 1, leave out Clause 31.— [Paul Clark.]
Amendments made: No. 224, page 30, leave out lines 39 to 43 and insert—
‘(1) This section applies where an authority or authorities who propose that a quality contracts scheme should continue in operation (with or without modifications) under section 131A—
(a) decide that the proposal is an exempt continuation proposal, and
(b) acting on the basis of that decision, decide that the scheme should so continue in operation.’.
No. 225, page 30, line 44, leave out from ‘person’ to ‘may’ in line 45 and insert ‘falling within subsection (2A)’.
No. 226, page 31, leave out line 2 and insert
‘an exempt continuation proposal, or’.
No. 227, page 31, line 4, leave out ‘force’ and insert ‘operation’.
No. 228, page 31, line 4, at end insert—
(a) any person who was consulted under section 125(3) (as it applies by virtue of section 131A in a case where the proposal is an exempt proposal),
(b) any person who was not so consulted, but who, in the opinion of the Transport Tribunal, ought to have been so consulted.’.
No. 229, page 31, line 4, at end insert—
‘(2B) An appeal under this section may be—
No. 230, page 31, line 4, at end insert—
‘(2C) On an appeal under this section the Transport Tribunal shall have power—
(a) to make such order as they think fit, or
(b) to remit any matter (with or without directions) to the authority or authorities for their consideration or determination or for such other purposes as the Tribunal may direct.’.
No. 231, page 31, leave out lines 8 to 13 and insert—
‘(b) remit the matter to the authority or authorities with one or more directions under subsection (4),
(c) direct the authority or authorities to vary the scheme, as it continues or is to continue in operation, in such manner as the Tribunal may specify in the direction (but see subsection (4A)),
(d) quash the whole or any part of the decision of the
authority or authorities (but see subsection (4B)).’.
No. 232, page 31, leave out lines 18 to 20 and insert—
‘(b) as respects those matters, consult or further consult the persons mentioned in section 125(3) as it applies by virtue of section 131A in a case where the proposal is an exempt continuation proposal,’.
No. 233, page 31, line 21, leave out ‘modifications of the scheme’ and insert
‘variations of the scheme, as it continues or is to continue in operation,’.
No. 234, page 31, line 22, at end insert—
‘(4A) The Tribunal may give a direction under this section to vary a scheme by reducing the area to which it relates only if they are of the opinion that the conditions in section 132(3) are met.
(4B) The power of the Tribunal under this section to quash a decision of an authority or authorities that a scheme should continue in operation under section 131A is exercisable only if the Tribunal are of the opinion that there are defects in the scheme which are not capable of being remedied by varying the scheme under or by virtue of subsection (3)(b) or (c).’.
No. 235, page 31, leave out lines 23 to 29 and insert—
‘(5) If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide that the proposal for the scheme to continue in operation was not an exempt continuation proposal—
(a) they must allow the appeal to that extent,
(b) they must remit the matter to the authority or authorities, with or without directions, and
(c) subsections (6) to (9) have effect.
(6) The directions that the Tribunal may give under this section include—
(a) directions to take any action specified in the directions for the purpose of remedying any failure to comply with requirements of this Part that have effect where a proposal for continuation under section 131A is not an exempt continuation proposal,
(b) directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a) or (b) of subsection (1) of section 131AA (meaning of “exempt continuation proposal”) is met in the case of the scheme,
(c) directions authorising the scheme to continue in operation temporarily, with or without variations, for a period specified or described in the directions, but subject to compliance with conditions as to the time within which any particular action specified in directions under this section is to be taken.
(7) Where the Tribunal give directions falling within subsection (6), they may also make provision in the order dispensing with the need to comply with such procedural requirements imposed by or under this Part as they may specify in the order.
(8) If the scheme or proposed scheme relates to an area in Wales, the Tribunal may not make any order which has the effect of—
(a) giving approval under section 126 as it applies by virtue of section 131B, or
(b) dispensing with the need for any such approval,
but this is without prejudice to the temporary provision that may be made in directions falling within subsection (6)(c).
(9) The appropriate national authority may make regulations with respect to the procedure to be followed in relation to a scheme in cases where the Tribunal decide that the proposal for continuation under section 131A was not an exempt continuation proposal.”.’ .— [Paul Clark.]
Amendments made: No. 236, page 31, line 33, leave out from ‘where’ to end of line 37 and insert
‘an authority or authorities—
(a) propose that a quality contracts scheme for an area in England should continue in operation (with or without modifications) under section 131A,
(b) decide that the proposal is not an exempt continuation proposal, and
(c) acting on the basis of that decision, decide that the scheme should so continue in operation.’.
No. 237, page 31, leave out lines 38 to 46 and insert—
‘(2) Any person falling within subsection (3) may appeal to the Transport Tribunal against the decision of the authority or authorities that the scheme should continue in operation.
(a) any person who was consulted under section 125(3) (as it applies by virtue of section 131A in a case where the proposal is not an exempt continuation proposal),
(b) any person who was not so consulted, but who, in the opinion of the QCS board under section 126AC(1)(b), ought to have been so consulted.’.
No. 238, page 32, line 1, leave out
‘Subsections (4) to (6) of section 126D’
‘Sections 127A(4) to (7) and 127B’.
No. 239, page 32, line 3, leave out from ‘of’ to end of line 10 and insert
(a) the modifications in subsection (5), and
(b) such further or different modifications or exclusions as may be prescribed under section 133.
(a) any reference to the scheme is to be read as a reference to the scheme as it continues in operation,
(b) any reference to the scheme as made is to be read as a reference to the scheme as it continues in operation,
(c) any reference to the proposed scheme is to be read as a reference to the scheme as proposed to continue in operation,
(d) any reference to any conditions set out in any paragraphs of section 124(1) or (as the case may be) of section 124(1A) being met is to be read as a reference to those conditions being met by the scheme as proposed to continue in operation (with any proposed modifications),
(e) any reference to section 125 or any provision of that section is to be read as a reference to that section or provision as it applies by virtue of section 131A in a case where the proposal is not an exempt continuation proposal.’..— [Paul Clark.]
Amendments made: No. 240, page 32, line 15, at end insert—
‘(2A) In subsection (4) (grounds for revocation) for “or” at the end of paragraph (a) substitute—
“(aa) if they consider that those conditions would no longer be met with respect to it if they were to act in accordance with a direction given by the Transport Tribunal under this Part, or”.
No. 241, page 32, line 16, leave out subsection (3) and insert—
‘(3) In subsection (4A) (which defines the “relevant conditions” according to whether the scheme has been varied or not)—
(a) in paragraph (a), before “varied” insert “continued in operation under section 131A or”,
(b) also in paragraph (a), for “124(1)(a) and (b)” substitute “124(1)(a) to (e)”,
(c) in paragraph (b), before “varied” insert “continued in operation under section 131A or”,
(d) in paragraph (c), before “varied”, in the first place where it occurs, insert “continued in operation under section 131A or”,
(e) also in paragraph (c), before “varied”, in the second place where it occurs, insert “continued in operation or”.’.
No. 242, page 32, line 18, leave out from beginning to ‘A’ in line 26 and insert—
‘(4) For subsection (5) (procedure for varying or revoking a scheme etc) substitute—
“(5) The variation or revocation of a scheme under subsection (1) or (4) is subject to the provisions of—
(a) subsection (6) (revocation: areas in England),
(b) subsection (7) (non-exempt variation: areas in England),
(c) subsection (8) (exempt variation: areas in England), or
(d) subsection (9) (areas in Wales),
except to the extent that section 132B (exemption for specific variations directed by Transport Tribunal on appeal) otherwise provides.
(6) The revocation of a scheme for an area in England is subject to the following requirements—
(a) before deciding to revoke the scheme, the authority or authorities must consult the persons mentioned in section 125(3) and each relevant traffic commissioner,
(b) as soon as reasonably practicable after deciding to revoke the scheme, the authority or authorities must give notice of the decision to each relevant traffic commissioner and must publish the notice in at least one newspaper circulating in the area to which the scheme relates,
(c) the notice must state that the decision has been taken and specify the date on which the revocation is to take effect,
except to the extent that those requirements are modified or excluded by regulations made by the Secretary of State under section 133.
For the purposes of this subsection “relevant traffic commissioner” means the traffic commissioner for any traffic area which consists of or includes the whole or any part of the area to which the scheme relates.
(7) The non-exempt variation of a scheme for an area in England is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified or excluded by regulations made by the Secretary of State under section 133.
(8) The exempt variation of a scheme for an area in England is subject to the same procedure as the making of a scheme, except to the extent that that procedure is modified or excluded by regulations made by the Secretary of State under section 133, but for the purposes of this subsection—
(a) sections 124(2)(c) and (2A), 126A to 126B and 127(1)(a) and (1A) (the QCS board provisions) do not apply;
(b) there is no requirement to give notice to the senior traffic commissioner under section 125(1)(d);
(c) the authority or authorities must consult any traffic commissioner falling within section 125(3)(e) (which accordingly has effect for this purpose with the omission of the words “if the proposed scheme relates to an area in Wales,”);
(d) sections 127A and 127B (appeals to the Transport Tribunal) do not apply;
(e) section 132A (appeals where proposed variation considered exempt) has effect in those cases for which it makes provision.
(9) The variation or revocation of a scheme for an area in Wales—
(a) requires the approval of the Welsh Ministers, except in the case of a variation which is an exempt variation, and
(b) is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified or excluded by regulations made by the Welsh Ministers under section 133.
(10) Section 130 (tendering) applies to a varied scheme (whether or not the variation is an exempt variation) but subject to regulations made by the appropriate national authority under section 133(3).
No. 243, page 32, line 31, at end insert—
‘and a “non-exempt variation” is any other variation of a scheme.”.’.
No. 244, page 32, line 31, at end insert—
‘(5) In consequence of the amendments made by subsection (4), renumber subsection (6) (regulations about revoking schemes before they come into operation) as subsection (12).’.— [Paul Clark.]
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