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Session 1999-2000
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Other Bills before Parliament

Transport Bill

This is the text of the Transport Bill, as passed by the House of Commons and introduced in the House of Lords on 12th May 2000.

 
EXPLANATORY NOTES

Explanatory Notes to the Bill, prepared by the Department of the Environment, Transport and the Regions, are published separately as HL Bill 64- EN.


EUROPEAN CONVENTION ON HUMAN RIGHTS

The Lord Macdonald of Tradeston has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Transport Bill are compatible with the Convention rights.


 
  
Transport Bill
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
AIR TRAFFIC
CHAPTER I
AIR TRAFFIC SERVICES
General duties
Clause 
1.Secretary of State's general duty.
2.CAA's general duty.

Restrictions
3.Restrictions on providing services.
4.Exemptions.
5.Licences: general.
6.Licences: grant.
7.Licences: provisions.
8.Duties of licence holders.
9.Breach of duties or conditions.

Modification of licences
10.Modification by agreement.
11.References to Competition Commission.
12.Reports on references.
13.Modification following report.
14.Commission's power to give direction.
15.Position where Commission gives direction.
16.Modification by order under other enactments.

Enforcement
17.Orders for securing compliance.
18.Exceptions.
19.Procedural requirements.
20.Validity of orders.
21.Effect of orders.
22.Power to obtain information.

Administration orders etc.
23.Protection of licence companies etc.
24.Duty to make order.
25.Power to make order.
26.Air traffic administration orders.
27.Petitions and orders: supplementary.
28.Government financial help.
29.Guarantees under section 28.
30.Northern Ireland.

Miscellaneous
31.Investigations.
32.Register.
33.Land.
34.Licence holders as statutory undertakers.
35.Directions in interests of national security etc.
36.Directions relating to the environment.

Interpretation
37.Interpretation.

CHAPTER II
TRANSFER SCHEMES
Introduction
38.Meaning of transfer scheme.
39.Transfer schemes: supplementary.

CAA's schemes
40.Transfer schemes made by CAA.
41.Effect of scheme made by CAA.

Secretary of State's schemes
42.Transfer schemes made by Secretary of State.
43.Information for purposes of section 42.

Accounting provisions
44.Accounting provisions.
45.Accounting provisions: interpretation.

Ownership of transferee companies
46.Issue of securities.
47.Government investment in securities.
48.Crown shareholding.

Transferee companies: other provisions
49.Loans.
50.Guarantees.
51.Grants.
52.Trustee investments.
53.Shadow directors.

Extinguishment of liabilities
54.Extinguishment of liabilities.
55.Securities to be issued.
56.Securities: other provisions.

Miscellaneous
57.Enforcement of certain obligations.
58.Special provisions about land.
59.Exercise of functions through nominees.
60.Further provisions about transfer schemes.
61.Tax.

Interpretation
62.Interpretation.

CHAPTER III
AIR NAVIGATION
63.Air navigation: directions.
64.Directions: further provision.
65.Directions: supplementary.
66.General duty.
67.Information for purposes of Chapter III.
68.Interpretation.

CHAPTER IV
CHARGES FOR AIR TRAFFIC SERVICES
Charges
69.Charges for services.
70.Publication, commencement, amendment and revocation.
71.Specifications: supplementary.
72.Liability, recovery etc.
73.Chargeable air traffic services.

Miscellaneous
74.Records.
75.Offences.
76.Detention and sale.

Interpretation
77.Interpretation.

CHAPTER V
COMPETITION
78.Interpretation of Chapter V.
79.Functions exercisable by CAA and Director.
80.CAA's 1973 Act functions.
81.CAA's 1998 Act functions.
82.Carrying out functions.

CHAPTER VI
MISCELLANEOUS AND GENERAL
Miscellaneous
83.Publication of information and advice.
84.Review and information.
85.Secretary of State's directions to CAA.
86.Control in time of hostilities etc.
87.Orders for possession of aerodromes etc.
88.Sections 86 and 87: interpretation.
89.Amendments.

General interpretation
90.Air traffic services.
91.The CAA.

Other general provisions
92.Service of documents.
93.Making of false statements etc.
94.Disclosure of information.
95.Orders and regulations.
96.Directions.
97.Extension outside United Kingdom.

PART II
LOCAL TRANSPORT
Local transport plans and bus strategies
98.Local transport plans.
99.Further provision about plans.
100.Bus strategies.
101.Consultation and publicity about bus strategies.
102.Plans and strategies: supplementary.
103.Role of metropolitan district councils.

Bus services: quality partnership schemes
104.Quality partnership schemes.
105.Notice and consultation requirements.
106.Making of scheme.
107.Postponement of scheme.
108.Effect of scheme.
109.Variation or revocation of scheme.
110.Variation: supplementary.
111.Regulations about schemes.
112.Guidance about schemes.

Bus services: quality contracts schemes
113.Quality contracts schemes.
114.Notice and consultation requirements.
115.Approval of proposed scheme.
116.Making of scheme.
117.Postponement of scheme.
118.Effect of scheme.
119.Tendering for quality contracts.
120.Exceptions from section 119.
121.Variation or revocation of scheme.
122.Regulations about schemes.
123.Transitional provision about schemes.

Bus services: ticketing schemes
124.Joint and through ticketing schemes for buses.
125.Notice and consultation requirements.
126.Making of scheme.
127.Effect of scheme.

Bus services: provision of information
128.Information about bus services.
129.Duty of authority to make information available.
130.Bus information: supplementary.

Bus services: miscellaneous
131.Traffic regulation conditions to reduce or limit pollution.
132.Power to obtain information about local services.

Mandatory travel concessions outside Greater London
133.Mandatory concessions outside Greater London.
134.Mandatory concessions: supplementary.
135.Variation of mandatory concessions.
136.Enforcement.
137.Reimbursement of operators.
138.Procedure for reimbursement arrangements determined by authority.

Mandatory travel concessions in Greater London
139.Mandatory concessions in Greater London.

Financial and competition provisions
140.Agreements providing for service subsidies.
141.Competition test for exercise of bus functions.
142.Grants to bus service operators.
143.Penalties.
144.Non-metropolitan transport grants.
145.Grants to Passenger Transport Authorities.
146.Repayment of grants towards bus fuel duty.
147.Abolition of financial plans of Passenger Transport Executives.

Supplementary
148.Part II: regulations and orders.
149.Part II: minor and consequential amendments.
150.Interpretation of Part II.

PART III
ROAD USER CHARGING AND WORKPLACE PARKING LEVY
CHAPTER I
ROAD USER CHARGING
Charging schemes
151.Preliminary.
152.Local charging schemes.
153.Joint local charging schemes.
154.Joint local-London charging schemes.
155.Trunk road charging schemes.

Making of charging schemes
156.Charging schemes to be made by order.
157.Confirmation of charging schemes.
158.Charging schemes: consultation and inquiries.

Contents of charging schemes
159.Matters to be dealt with in charging schemes.
160.Charging schemes: exemptions etc.

Enforcement of charging schemes
161.Penalty charges.
162.Examination, entry, search and seizure.
163.Immobilisation etc.

Supplementary
164.Equipment etc.
165.Traffic signs.

CHAPTER II
WORKPLACE PARKING LEVY
Licensing schemes
166.Preliminary.
167.Local licensing schemes.
168.Joint local licensing schemes.
169.Joint local-London licensing schemes.
170.Workplace parking places.

Making of licensing schemes
171.Licensing schemes to be made by order.
172.Confirmation of licensing schemes.
173.Licensing schemes: consultation and inquiries.

Contents of licensing schemes and licences
174.Matters to be dealt with in licensing schemes.
175.Licensing schemes: exemptions etc.
176.Licences.

Enforcement of licensing schemes
177.Penalty charges.
178.Rights of entry.

CHAPTER III
GENERAL AND SUPPLEMENTARY
179.Financial provisions about schemes.
180.Powers of authorities.
181.Guidance.
182.Information.
183.Determination of disputes, appeals and evidence.
184.Crown application.
185.Part III: regulations and orders.
186.Interpretation of Part III.
187.Amendments of Greater London Authority Act.
188.Exemption from local non-domestic rating.

PART IV
RAILWAYS
CHAPTER I
THE STRATEGIC RAIL AUTHORITY
The Authority
189.The Authority.
190.Membership and chairing.
191.Other senior appointments.
192.Further provisions.

Purposes, strategies and exercise of functions
193.Purposes.
194.Strategies.
195.Manner of exercise of functions.
196.Directions, guidance and advice by Scottish Ministers.
197.Directions, guidance and advice: supplementary.
198.Validity of transactions.

Securing provision of railway services and assets etc.
199.Financial assistance etc.
200.Securing of services by franchising.
201.Limited additional powers to provide railway services.
202.Securing provision of substitute bus and taxi services.

Functions of Franchising Director, Regulator and Board
203.Assumption of functions of Franchising Director.
204.Assumption of certain functions of Regulator.
205.Assumption of Board's functions relating to transport police.
206.Functions relating to Board's property.

Other powers
207.Power to make bye-laws.
208.Power to make transfer schemes.
209.Power to promote and oppose Bills.
210.Other incidental powers.

CHAPTER II
OTHER PROVISIONS ABOUT RAILWAYS
Directions to provide etc. railway facilities
211.Regulator's power to require provision etc. of railway facilities.

Objectives of Regulator and Secretary of State
212.Amendment of objectives.

Enforcement regime
213.Penalties.
214.Orders for securing compliance.

Consultative committees
215.Renaming of committees.
216.Extension of functions.
217.Financial and procedural changes.

Access agreements
218.Regulator's general approvals of access agreements etc.
219.Review of access charges by Regulator.
220.Amendment of access agreements.
221.Prospective facility owners, proposed facilities etc.

Closures
222.Transfer of Regulator's functions to Secretary of State.
223.Conditions.
224.Closure of unnecessary track to be minor closure.
225.General determinations of minor closures.
226.Operator's duty to continue where closure should be permitted.

The Board
227.Transfer of Board's property etc. to Secretary of State.
228.Winding down and abolition of Board.

Competition
229.Licence modifications following Competition Commission report.
230.Competition functions of Regulator.

Pensions
231.Authority's duty to continue Board's practice of indexation.
232.Amendments of pension protection provisions.

Miscellaneous
233.Passenger Transport Executives.
234.Standards.
235.Freight assistance by Scottish Ministers and Welsh Assembly.
236.Taxation of transfers.
237.Abolition of requirements for Treasury approval.

CHAPTER III
SUPPLEMENTARY
238.Part IV: minor and consequential amendments.
239.Part IV: transitionals and savings.
240.Interpretation of Part IV.

PART V
MISCELLANEOUS AND SUPPLEMENTARY
Licensing of operators of goods vehicles
241.Increase of fine for breach of obligation to hold operator's licence.
242.Detention of vehicle used without operator's licence.
243.Addition of specified vehicles to operator's licence.

Licensing of private hire vehicles
244.Vehicles subject to regulation as private hire vehicles.

School crossing patrols
245.School crossing patrols.

Supplementary
246.Offences: general.
247.Repeals and revocations.
248.Commencement.
249.Transitionals and savings.
250.Power to make amendments.
251.Financial provision.
252.Extent.
253.Short title.
 

SCHEDULES:
    Schedule 1-Air traffic administration orders: general.
    Part I-Modifications of 1986 Act.
    Part II-Other provisions.
    Schedule 2-Air traffic administration orders: schemes.
    Schedule 3-Air traffic administration orders: Northern Ireland.
    Part I-Modifications of 1989 Order.
    Part II-Other provisions.
    Schedule 4-Licence holders: land.
    Schedule 5-Licence holders as statutory undertakers.
    Schedule 6-Transfer schemes.
    Schedule 7-Transfer schemes: tax.
    Schedule 8-Amendments about air traffic.
    Part I-Licences.
    Part II-Air navigation services.
    Part III-Charges.
    Part IV-Competition.
    Part V-Hostilities etc.
    Schedule 9-Air traffic: information.
    Schedule 10-Competition test for exercise of bus functions.
    Schedule 11-Minor and consequential amendments about local transport.
    Schedule 12-Road user charging and workplace parking levy: financial provisions.
    Schedule 13-Amendments of Schedules 23 and 24 to Greater London Authority Act.
    Schedule 14-Strategic Rail Authority.
    Part I-Members and staff.
    Part II-Funding.
    Part III-Financial framework and information.
    Part IV-Procedure.
    Part V-Consequential amendments.
    Schedule 15-Financial assistance: transfers to SRA.
    Schedule 16-Transfer to SRA of Franchising Director's functions.
    Schedule 17-Transfers to SRA from Rail Regulator.
    Part I-Functions relating to licences.
    Part II-Other functions.
    Part III-Associated property, rights and liabilities.
    Schedule 18-Transfer to SRA of BR's functions relating to transport police.
    Part I-Functions.
    Part II-Associated property, rights and liabilities.
    Schedule 19-Transfer to SRA of BR's property etc.
    Schedule 20-SRA bye-laws.
    Schedule 21-Transfer schemes by SRA.
    Schedule 22-Renaming of rail users' consultative committees.
    Part I-Amendments of Railways Act 1993.
    Part II-Amendments of other enactments.
    Schedule 23-Finances and procedures of rail users' consultative committees.
    Schedule 24-Review of access charges by Regulator.
    Schedule 25-Transfer of BR's property etc. to Secretary of State.
    Schedule 26-Transfers: tax.
    Part I-Interpretation.
    Part II-Transfers to SRA from Franchising Director, Secretary of State and Regulator.
    Part III-Transfers from BR to SRA.
    Part IV-Transfers to Secretary of State from SRA and BR.
    Part V-Transfers from SRA to franchise company.
    Part VI-Transfers of franchise assets.
    Part VII-Other provisions concerning transfers.
    Schedule 27-Minor and consequential amendments about railways.
    Schedule 28-Transitionals and savings about railways.
    Schedule 29-Detention of vehicles used without operator's licence.
    Schedule 30-Repeals and revocations.
    Part I-Air traffic.
    Part II-Local transport.
    Part III-Road user charging and workplace parking levy.
    Part IV-Railways.
    Part V-Miscellaneous.
 


 
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Prepared 15 May 2000