Local Transport Bill [ Lords ]


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Clause 124

Commencement
Ms Winterton: I beg to move amendment No. 3, in clause 124, page 94, line 29, after ‘regulations’, insert ‘, rules’.
The amendment is minor and technical. The Bill includes powers for the Secretary of State and, in some cases, the Welsh Ministers, to make three types of secondary legislation: regulations, orders and rules. As drafted, clause 124 provides for powers to make regulations and orders to come into force automatically on Royal Assent, but powers to make rules would need to be brought into force by commencement order. The discrepancy was not intentional, and the amendment would provide for a consistent approach. It means that the Bill and future commencement orders will be a little clearer and tidier.
Amendment agreed to.
4.30 pm
Ms Winterton: I beg to move amendment No. 291, in clause 124, page 94, line 31, leave out ‘and 116’ and insert
‘, 116 and (Civil enforcement of traffic contraventions: meaning of “local authority”)’.
The Chairman: With this it will be convenient to discuss the following: Government new clause 13—Civil enforcement of traffic contraventions: meaning of “local authority”.
Government amendment No. 292.
Ms Winterton: The Government’s policy is to encourage local authorities to take over from the police service the enforcement of parking restrictions. When a local authority does that, police resources are released for more serious matters. It means that a single body, the local authority, is responsible not only for developing parking policies, but for enforcing them. The parking components of part 6 of the Traffic Management Act 2004 came into force on 31 March 2008.
It has come to light that the definition of “local authority” in the Traffic Management Act, read with other provisions of that Act, means that shire district councils may not be able to make full use of the new enforcement powers in their off-street car parks and in relation to any free, on-street parking that they authorise. That anomaly has no impact on enforcement by London boroughs, unitary authorities or metropolitan district councils, nor does it affect the enforcement of yellow bands or pay and display restrictions.
The Department considers that parking attendants appointed before 31 March, under the provisions of the Road Traffic Regulation Act 1984, are unaffected by the anomaly, so district councils that received parking enforcement powers before 31 March 2008 will have civil enforcement officers they can use for enforcement in off-street car parks and any free on-street parking.
It is important that local authorities have proper parking enforcement powers. New clause 13 seeks to make it clear in the legislation that a shire district council has the power to appoint the civil enforcement officer who would serve the penalty charge notice to a motorist who is parked in contravention of the parking regulations in a local authority owned off-street car park.
Amendment No. 291 seeks to bring those amendments to the 2004 Act into force automatically two months after Royal Assent, rather than by a commencement order, so that the anomaly can be rectified as quickly as possible. Amendment No. 292 amends the long title of the Bill to reflect the subject matter of new clause 13.
Stephen Hammond: I rise merely to say that we are happy to support the Minister’s amendment and new clause 13 in particular. I want to put on record that we were grateful that she took the trouble last Friday to alert us to the clause, and to give a detailed explanation as to the rationale behind it. It enabled us to look at it carefully and to support her, and I am grateful for her help.
Amendment agreed to.
Clause 124, as amended, ordered to stand part of the Bill.

Clause 125

Short title
Ms Winterton: I beg to move amendment No. 4, in clause 125, page 95, line 8, leave out subsection (2).
It is the privilege of this House to control charges on public funds. Where a Bill is introduced in the other place, a privilege amendment is, by convention, moved before the Bill is brought to this House, so as to avoid infringing that privilege. Amendment No. 4 deletes that privilege amendment from the Bill in the usual way.
Amendment agreed to.
Clause 125, as amended, ordered to stand part of the Bill.

New Clause 13

Civil enforcement of traffic contraventions: meaning of “local authority”
‘(1) Part 6 of the Traffic Management Act 2004 (c. 18) (civil enforcement of traffic contraventions) is amended as follows.
(2) In section 76 (civil enforcement officers) at the end insert—
“(6) In this section “local authority” includes a non-metropolitan district council.”.
(3) In section 85 (prohibition of double parking) at the end insert—
“(9) In this section “local authority” includes a non-metropolitan district council.”.
(4) In section 86 (prohibition of parking at dropped footways etc) at the end insert—
“(10) In this section “local authority” includes a non-metropolitan district council.”.
(5) In section 87 (guidance to local authorities) at the end insert—
“(3) In this section “local authority” includes a non-metropolitan district council.”.’.—[Ms Rosie Winterton.]
Brought up, read the First and Second time, and added to the Bill.
The Chairman: I now call Mr. Stringer to move new clause 1.
Graham Stringer: The Minister gave such a good reply on that point previously that I do not move new clause 1.

New Clause 2

Bus partnership schemes
‘(1) The Transport Act 2000 is amended as follows.
(2) After section 109 (further provision about plans), insert—
(3)
“109A Bus partnership schemes
(1) In preparing their local transport plan, the authority may create a bus partnership scheme.
(2) A bus partnership scheme shall seek consensus on bus routes, frequencies, fares and other matters that shall be agreed, for the period of the local transport plan.
(3) In constructing a bus partnership scheme, the authority shall consult—
(a) all operators of registered services in the specified area;
(b) such organisations representative of passengers as it sees fit.
(4) In exercising their statutory functions under the Town and Country Planning Acts, the local planning authority shall have regard to the bus partnership scheme and guidance contained therein.
109B Bus partnership strategy
(1) Each local transport authority must prepare a document to be known as the bus partnership strategy containing their general policies as to how best to create bus partnership schemes.
(2) In preparing a bus partnership strategy, the authority shall consult—
(a) all operators of registered services in the specified area;
(b) such organisations representative of passengers as it sees fit.”.
(4) In section 162(1) (interpretation) before “community bus services” insert “Bus strategy” means “bus partnership strategy” and has the meaning given in section 109B.”.’.—[Stephen Hammond.]
Brought up, and read the First time.
Stephen Hammond: I beg to move, That the clause be read a Second time.
The new clause is very familiar to those who have been following the passage of the Bill and the arguments surrounding it. As I have said consistently in Committee, it is my strong belief that we should do as much as we can to encourage partnership between the local authority and the operator. The Government recognise partnership as the fundamental driver to improvements of local bus services, because in “Putting Passengers First” they said that they regard it as a “key ingredient of success”. If that is true, it is difficult to understand why the Government have not done more in the initial phases to ensure that partnership is encouraged. We should do as much as we can to ensure that it is encouraged and that is exactly what my new clause does.
I acknowledge the work done by the Campaign for Better Transport in relation to the new clause. It has pointed out, quite rightly, that a new clause offering a way to combine partnership with long-term planning, in a manner that the Bill currently does not offer, would be beneficial.
The new clause would do nothing other than ensure that local authorities actively consider how best to utilise partnerships while developing long-term transport plans. It seems to me especially important that local authorities should do that, because previous and subsequent clauses do away with bus strategies.
The second part of the new clause is designed to encourage partnership still further. It would require that local authorities look at partnership and produce a “partnership strategy”, which would encourage local transport authorities and integrated transport authorities to think more clearly and see that partnership should be the first route they take. That would encourage them to consider how they might best arrange and implement partnership schemes.
The evidence shows quite clearly that effective partnership between local authorities and bus operators in any one area is the key to improving bus services in that area. We had a long debate previously in Committee about areas where partnership has worked and I will not return to that debate today. However, in my opinion the solution is to be found not down the regulation route but down the partnership route, so we must ensure that partnership is encouraged and improved, and I believe that the new clause will achieve that end.
Ms Winterton: I understand that the hon. Gentleman is very keen that partnerships are able to work effectively. However, I must say that some of the proposals in the new clause are already provided for elsewhere in the Bill, in the revised provisions on quality partnership schemes and provisions, including a new competition test, relating to voluntary partnership agreements. I do not think that the hon. Gentleman’s new clause would add anything in particular to what local authorities will already be able to do under those provisions.
The approach that we propose elsewhere in the Bill, particularly in terms of quality partnerships schemes and voluntary partnerships agreements, would enable much of the spirit of the new clause to be achieved. Moreover, the new clause would provide far less flexibility about when partnerships can be delivered.
Having given those reassurances, I hope that the hon. Gentleman will be persuaded to withdraw the new clause.
Stephen Hammond: I have listened closely to the Minister, but I want to test the will of the Committee. I am not prepared to withdraw the motion.
Question put, That the clause be read a Second time:—
The Committee divided: Ayes 5, Noes 9.
Division No. 22 ]
AYES
Carswell, Mr. Douglas
Hammond, Stephen
Knight, rh Mr. Greg
Leech, Mr. John
Wright, Jeremy
NOES
James, Mrs. Siân C.
Kidney, Mr. David
Laxton, Mr. Bob
McCarthy, Kerry
Smith, Ms Angela C. (Sheffield, Hillsborough)
Stewart, Ian
Stringer, Graham
Watts, Mr. Dave
Winterton, rh Ms Rosie
Question accordingly negatived.

New Clause 5

Approval of proposed scheme
‘(1) The Transport Act 2000 is amended as follows.
(2) Omit section 126 (approval of proposed scheme).
(3) After section 125 insert—
“125A Consideration of proposed scheme
(1) If, having complied with section 125, the authority or authorities wish to proceed with the proposed scheme, they must apply to the appropriate consulting authority for its consideration.
(2) In this Part “the appropriate consulting authority” means—
(a) where the area to which the scheme relates is in England, an approvals board for England; and
(b) where the area to which the scheme relates is in Wales, the Welsh Ministers.
(3) The application must include—
(a) the authority’s or the authorities’ reasons for wishing to make the scheme; and
(b) such other information as the appropriate consulting authority may reasonably require.
(4) The appropriate consulting authority shall give its opinion on the proposed scheme within 28 days of the later of—
(a) the application for its opinion; and
(b) the receipt of any further information requested under subsection (3)(b).
(5) The appropriate consulting authority may recommend modifications to the proposed scheme.
(6) Following receipt of the appropriate consulting authority’s opinion, the authority or authorities must take that opinion into account and may then proceed to—
(a) make the proposed scheme;
(b) discontinue the proposed scheme; or
(c) make the proposed scheme with modifications.
(7) If the authority or authorities propose to make the scheme with modifications, they must first consult such of the persons they consulted under section 125(3) as would in their opinion be affected by those modifications.”’.—[Mr. Leech.]
Brought up, and read the First time.
Motion made, and Question put, That the clause be read a Second time:—
The Committee divided: Ayes 5, Noes 9.
Division No. 23 ]
AYES
Carswell, Mr. Douglas
Hammond, Stephen
Knight, rh Mr. Greg
Leech, Mr. John
Wright, Jeremy
NOES
James, Mrs. Siân C.
Kidney, Mr. David
Laxton, Mr. Bob
McCarthy, Kerry
Smith, Ms Angela C. (Sheffield, Hillsborough)
Stewart, Ian
Stringer, Graham
Watts, Mr. Dave
Winterton, rh Ms Rosie
Question accordingly negatived.
 
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