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Amendments made: No. 245, page 32, leave out lines 35 to 39 and insert—
‘(1) This section applies where an authority or authorities who propose to vary a quality contracts scheme under section 132—
(a) decide that the proposal is an exempt variation for the purposes of that section, and
(b) acting on the basis of that decision, decide to vary the scheme under that section.’.
No. 246, page 32, line 40, leave out from ‘person’ to ‘may’ in line 41 and insert ‘falling within subsection (2A)’.
No. 247, page 33, line 2, at end insert—
(a) any person who was consulted under section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132),
(b) any person who was not so consulted, but who, in the opinion of the Transport Tribunal, ought to have been so consulted.’.
No. 248, page 33, line 2, at end insert—
‘(2B) An appeal under this section may be—
No. 249, page 33, line 2, 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. 250, page 33, leave out lines 6 to 10 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, to the extent of the variation made by the authority or authorities, 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.’.
No. 251, page 33, leave out lines 15 to 17 and insert—
‘(b) as respects those matters, consult or further consult the persons mentioned in section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132),’.
No. 252, page 33, line 18, leave out ‘modifications’ and insert ‘variations’.
No. 253, page 33, line 19, at end insert—
‘(4A) The Tribunal may give a direction under this section to vary a scheme by reducing the area to which the scheme relates only if they are of the opinion that the conditions in section 132(3) are met.’.
No. 254, page 33, leave out lines 20 to 26 and insert—
‘(5) If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide that the variation was not an exempt variation for the purposes of section 132—
(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 proposed variation under section 132 is not an exempt variation,
(b) directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a), (b) or (c) of section 132(11) (meaning of “exempt variation”) is met in the case of the variation,
(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 132, 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 cases where the Tribunal decide that the variation or proposed variation was not an exempt variation for the purposes of section 132.”.’..— [Paul Clark.]
Amendments made: No. 255, page 33, line 30, leave out ‘after “varying” insert
“, continuing”’ and insert ‘after “making” insert “continuing,”’.
No. 256, page 33, line 30, at end insert—
‘( ) In subsection (1)(b) (approvals of schemes) after “schemes” insert “for areas in Wales”.
( ) After subsection (1)(b) insert—
“(bb) the procedure to be followed by local transport authorities for areas in England when discharging functions that relate to a QCS board,
(bc) the procedure to be followed by QCS boards when discharging functions relating to proposed schemes for areas in England,”.’.
No. 257, page 33, line 32, leave out ‘after “proposed variations” insert
“, continuations”’ and insert ‘before “variations” insert “continuations,”’.
No. 258, page 33, line 33, at end insert—
‘( ) in paragraph (e) (applications for approval of proposals) after “proposals” insert “for areas in Wales”;’.
No. 259, page 33, line 36, at end insert—
‘(ef) the form and manner of requests under section 126AB(4) relating to proposed schemes for areas in England,
(eg) the form and manner in which copies of proposed schemes for such areas are to be sent to a QCS board under section 126AB(5),
(eh) the giving of notice, and the preparation and publication of reports, by QCS boards under section 126AC(5),
(ei) the form and manner of responses by local transport authorities to such reports,”;’.
No. 260, page 33, line 37, leave out ‘for “or variations” substitute “, variations or continuations”’ and insert ‘after “schemes” insert “, continuations”’.
No. 261, page 33, line 38, at end insert—
‘(d) in paragraph (g) (notice of schemes or of their variation or revocation) before “variation” insert “continuation,”.’.
No. 262, page 33, line 38, at end insert—
‘(4) After subsection (2) insert—
“(3) The appropriate national authority may also make regulations modifying or excluding the application of provisions of this Part, so far as relating to quality contracts schemes, in cases where a local transport authority, or two or more local transport authorities acting jointly, do any of the following—
(a) by virtue of section 126AB(6), send to a QCS board a further request under section 126AB(4) and modified proposals under section 126AB(5),
(b) propose or decide that a scheme should continue in operation (with or without modification) under section 131A,
(c) propose or decide to vary or revoke a scheme under section 132.
(4) Regulations made by virtue of subsection (3) must not exclude any requirement for the authority or authorities—
(a) under section 126, to obtain the approval of the Welsh Ministers,
(b) under section 127(1A), to publish their response to the report of the QCS board.”.’— [Paul Clark.]
Amendment made: No. 263, page 33, line 44, at end insert—
‘( ) In subsection (1)(b) (transitional provision in connection with variation of schemes) before “variation” insert “continuation in operation or”.’.— [Paul Clark.]
Amendments made: No. 124, page 34, line 27, at end insert—
‘(1A) Subsection (2) also applies to a situation in which—
(a) local services which, on the coming into force of a quality contract, a person (the “former operator”) would be required by virtue of section 129(1)(b) to cease providing in the area mentioned in subsection (1)(a) of this section, cease to be provided by the former operator before the coming into force of that quality contract, and
(b) at the same time, a person (the “new operator”) begins to provide local services in that area under an agreement which the authority or authorities who made the relevant quality contracts scheme entered into by reason of the cessation of the local services referred to in paragraph (a).’.
No. 125, page 34, line 28, leave out ‘such situation’ and insert
‘situation to which this subsection applies’.
No. 126, page 34, line 35, after ‘subsection (1)(a)’, insert
‘or (as the case may be) the local services referred to in subsection (1A)(a)’.
No. 127, page 34, line 35, at end insert—
‘( ) Any situation which by virtue of this section is treated as a relevant transfer for the purposes of TUPE is also to be treated as a relevant transfer within the meaning of TUPE for the purposes of sections 257 and 258 of the Pensions Act 2004 and any regulations made under section 258 of that Act.’.
No. 128, page 35, line 21, at end insert—
‘(e) provision requiring the authority or authorities who made a quality contracts scheme to ensure that any quality contract entered into with a person under the scheme, or any other agreement made with a person for the provision of local services in the area to which the scheme relates, is made on terms—
(i) that require the person, in the event of there being any transferring employees, to secure pension protection for every transferring employee, or every transferring employee of a prescribed description, who as an employee of the former operator had rights to acquire pension benefits, and
(ii) that, so far as relating to the securing of pension protection for a transferring employee, are enforceable by the employee.
(5A) For the purposes of this section—
(a) “transferring employee” means an employee of a former operator whose contract of employment
becomes, either by virtue of TUPE or by virtue of this section, a contract of employment with a new operator;
(b) “pension protection” is secured for a transferring employee if after the change of employer referred to in paragraph (a)—
(i) the employee has, as an employee of the new operator, rights to acquire pension benefits, and
(ii) those rights are of such description as is prescribed by regulations.
(5B) The Secretary of State must exercise the power conferred by this section to make regulations containing provision falling within subsection (5)(e) so as to ensure—
(a) that pension protection is required to be secured for every transferring original employee who as an employee of the original operator had rights to acquire pension benefits, and
(b) that the rights to acquire pension benefits which a transferring original employee has as an employee of the new operator by virtue of paragraph (a) are rights which—
(i) are the same as the rights the transferring original employee had as an employee of the original operator, or
(ii) under provision made by regulations, count as being broadly comparable to, or better than, those rights.
(5C) For the purposes of subsection (5B)—
“transferring original employee” means a transferring employee—
(e) who immediately before the relevant date was employed by a person (the “original operator”) providing local services in the area to which the relevant quality contracts scheme relates, and(f) whose contract of employment—(i) was, from that date until the change of employer referred to in subsection (5A)(a), a contract of employment with the original operator, or(ii) on each occasion when the employee was subject to a relevant transfer became, either by virtue of TUPE or by virtue of this section, a contract of employment with a person providing local services in the area referred to in paragraph (a);“relevant date”, in relation to a quality contracts scheme, means—
(g) the date on which the scheme was made, or(h) where—(i) the local services being provided by the original operator were not subject to the scheme when it was made, and(ii) as a result of either the variation of the scheme, or the continuation of the scheme with modifications, those services became subject to the scheme,the date on which that variation, or (as the case may be) the decision to continue the scheme with those modifications, was made;
“relevant transfer” means anything that is, or is to be treated as, a relevant transfer for the purposes of TUPE.’.— [Paul Clark.]
Amendments made: No. 129, page 40, line 3, after ‘service’, insert
‘which is to have one or more stopping places’.
No. 130, page 40, line 10, at end insert—
‘(2A) After subsection (7) (variation or revocation of registration) insert—
(a) a quality contracts scheme under section 124 of the Transport Act 2000 is in force,
(b) the operator of a local service registered under this section proposes to vary the registration,
(c) the service, as proposed to be varied, is to have one or more stopping places within the area to which the scheme relates,
(d) the service, as proposed to be varied, is not excluded from the scheme by virtue of section 127(4) of the Transport Act 2000, and
(e) the operator does not propose to provide the service, as proposed to be varied, under a quality contract by virtue of the scheme,
section 6B of this Act has effect with respect to the variation of the registration.”.
(2B) In subsection (8) (time when variation etc becomes effective) after “Subject to regulations under this section” insert “and, in the case of variation, to section 6B of this Act,”.’.
No. 131, page 40, leave out lines 13 to 25 and insert—
(a) by virtue of subsection (2B) of section 6 of this Act (“Case 1”), in relation to registration of the proposed local service mentioned in that subsection;
(b) by virtue of subsection (7A) of that section (“Case 2”), in relation to the proposed variation of the registration mentioned in that subsection.
(2) Where this section applies, the operator may apply to a traffic commissioner—
(a) in Case 1, for registration of the proposed service under section 6 of this Act, or
(b) in Case 2, for variation of the registration under that section,
notwithstanding anything in section 129(1)(a) of the Transport Act 2000 (sections 6 to 9 of this Act not to apply).’
No. 132, page 40, line 27, leave out
‘the following provisions of this section’
‘subsections (4) to (6) below’.
No. 133, page 40, line 32, leave out ‘proposed service’ and insert ‘application’.
No. 134, page 40, line 32, after ‘must’, insert ‘—
No. 135, page 40, line 33, at end insert ‘, or
(b) in Case 2, vary the registration under that section.’.
No. 136, page 40, line 35, at end insert—
‘(6A) In relation to Case 2, regulations may prescribe cases in which subsections (3) to (6) above do not apply.’.
No. 137, page 40, line 37, after ‘provision’, insert ‘—
No. 138, page 40, line 38, leave out ‘will’ and insert ‘, or
(b) in Case 2, of the local service as proposed to be varied,
Amendments made: No. 139, page 53, line 4, leave out from ‘subsection (3)’ to end of line 5 and insert
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