APPENDIX 3: LOCAL TRANSPORT BILL [HL]
Memorandum by the Department for Transport
Introduction
1. This memorandum identifies provisions for
delegated legislation in the Local Transport Bill (introduced
in the House of Lords on 7th November 2007 and published on 8th
November 2007). It summarises the main provisions of the Bill;
identifies the delegated powers in the Bill and describes the
purpose and proposed use of those powers; explains why matters
have been left to delegated legislation; and explains the degree
of Parliamentary control provided for and the reason for the procedure
selected in each case.
Background to the Bill
2. In July 2006 DfT Ministers announced that
they and officials at the Department would undertake an extensive
review of the bus sector with a view to taking action to increase
bus patronage. This led to the publication in December 2006 of
a paper entitled Putting Passengers First, which set out
the Government's proposals for a modernised national framework
for bus services.
3. Following on from this, the draft Local Transport
Bill and consultation paper (Strengthening local delivery)
was published for consultation and pre-legislative scrutiny on
22 May 2007. The Bill has since been revised in light of the views
expressed during consultation and scrutiny, but the core purpose
of the Bill remains to tackle congestion and improve public transport.
The main elements of the Bill contain measures relating to improving
the quality of local bus services, reforming local transport governance,
and taking forward local road pricing schemes. It also contains
measures relating to the traffic commissioners, following a separate
consultation paper issued on July 26 entitled Modernising the
Traffic Commissioner System.
4. Many of the measures contained in the Bill
on local bus services and road pricing schemes consist of amendments
to earlier legislation, in particular the Transport Act 2000 ("the
TA 2000"). Many of the proposed amendments to bus legislation
have been developed in consultation with working groups representing
both local authorities and the bus industry, based on their experience
of the existing legislative provisions.
Summary of the Bill
5. The Local Transport Bill, which mostly extends
to England and Wales only (the provisions which extend to Scotland
and Northern Ireland are listed in clause 116), contains 118 clauses
and 7 Schedules. The main provisions are summarised in the table
set out below. More detailed descriptions of the relevant clauses
are contained in the commentary on delegated powers following
the table. A full description of all the clauses can be found
in the explanatory notes which accompany the Bill.
| Clauses |
Summary |
| 1 - 6 | Provisions relating to traffic commissioners, including the creation of a statutory post of senior traffic commissioner
|
| 7 - 11 | Amendments to sections 108 - 113 of the TA 2000 on local transport plans
|
| 12 - 17 | Amendments to sections 114 - 123 of the TA 2000 on quality partnership schemes
|
| 18 - 39 | Amendments to sections 124 - 134 of the TA 2000 on quality contracts schemes. The provisions include the creation of a new approvals board to consider applications for quality contracts schemes in England
|
| 40 | Amendments to section 153 of and Schedule 10 to the TA 2000 to apply a new competition test to voluntary partnership agreements and certain other agreements between local authorities and bus operators
|
| 41 - 62 | General provisions relating to passenger transport. Includes amendments to the Transport Act 1985 ("the TA 1985") in relation to community transport and the enforcement powers of the traffic commissioners
|
| 63 | Disabled Persons Transport Advisory Committee
|
| 64 - 65 | Public Transport Users' Committee and Rail Passengers' Council
|
| 66 - 85 | Arrangements relating to Integrated Transport Authorities, including powers for the Secretary of State to make orders about the constitutional arrangements and functions of existing Integrated Transport Authorities (ITAs) and to create new ITAs
|
| 86 - 89 | ITA powers to take steps which they consider likely to promote or improve the economic, social or environmental well-being of their local community
|
| 90 - 108 | Amendments to Part 3 of the TA 2000 and Schedule 23 to the GLA Act 1999 on local and London charging schemes
|
| 109 - 110 | Trunk road charging schemes in Wales
|
| 111 | Consequential amendment of provision relating to detention of certain goods vehicles
|
| 112 - 113 | Information about foreign registered vehicles
|
| 114 - 118 | Supplementary provisions
|
Delegated Powers
6. A table at the back of this document lists
all of the provisions containing delegated powers in the Local
Transport Bill and the relevant Parliamentary procedure governing
each power.
Provisions for Delegated Powers
Clauses 1 to 6: The traffic commissioners
7. These clauses amend sections 3 and 4 of and
Schedule 2 to the Public Passenger Vehicles Act 1981 ("the
PPVA 1981"). Some new provisions are also inserted. These
provisions put the current administrative appointment of a senior
traffic commissioner on a statutory footing. They also remove
the requirement for a traffic commissioner to be appointed to
a specific traffic area in England and Wales (so that he only
has jurisdiction in that traffic area) to create greater flexibility
for traffic commissioner deployment. The following clauses contain
delegated powers.
Clause 1: traffic areas
8. Section 3 of the PPVA 1981 provides, for the
purposes of that Act, for Great Britain to be divided into eight
traffic areas. Subsection (2) empowers the Secretary of State,
by order, to vary the traffic areas, either by altering the limits
of existing traffic areas, or by increasing or decreasing the
number of traffic areas. Subsection (3) provides that an order
for varying the traffic areas may contain such consequential and
incidental provisions, including in particular respects, as appear
to be necessary. Such orders are affirmative instruments: the
instrument must be laid after making and cannot come into force
unless and until it is approved by both Houses of Parliament.
This power has been exercised (see the Traffic Areas (Reorganisation)
Order 1990 (S.I. 1991/288 amended by S.I. 1991/634 and 1999/1204)
and the Traffic Areas (Reorganisation) (Wales) Order 1999 (S.I. 1999/1204)).
9. The purpose of clause 1, which inserts new
subsections (2A) to (2C) into section 3 of the PPVA 1981, is to
extend the existing power in subsection (2) so as to make such
incidental, consequential, supplemental or transitional provisions,
and such savings, as may be necessary or expedient in order to
give full effect to any variation in the number or geographical
limits of traffic areas. This includes a power to amend or modify
any enactment, whenever passed or made, but only for the purposes
of making such provisions or savings as prescribed in the new
subsection (2A).
10. There are currently no firm plans to amend
the existing traffic areas. However, following on from some of
the other changes that would be made by these clauses to increase
flexibility within the traffic commissioner network, it is possible
that the Secretary of State may wish to do so in the future. The
reason for taking the additional power described in paragraph
9 is to ensure that if, as a result of amending the number or
limits of the traffic areas, consequential changes were needed
to other legislation to ensure that its application remained appropriate
the Secretary of State would have the necessary powers.
11. An example is section 5 of the PPVA 1981
under which, when a traffic commissioner publishes information
which relates to a particular area, he is required to send copies
to every chief officer of police whose area falls at least in
part in that traffic area. Any enlargement of the traffic areas
in England might, under strict application of this provision,
lead to information being sent needlessly to certain chief officers
of police. The provision might, therefore, need to be amended
in consequence. The Department believes it is appropriate that
such orders, in tandem with any exercise of the power to amend
the traffic areas, should be affirmative instruments.
12. The justification for taking such a wide
power is that it needs to be capable of being exercised at any
time in the future, and therefore to amend or modify any enactments
which are in force at that time, including enactments passed or
made after this one. This is necessary so as to enable an order
made at any time in the future to make such amendments as may
be necessary to ensure an efficient and effective move to a different
number of traffic areas.
13. As this provision amends the existing order
making power, and is limited so that it could only be used in
conjunction with an order under section 3(2) of the PPVA 1981
to amend the existing traffic areas, such amendments would be
subject to the parliamentary procedure described in paragraph
8 above.
Clause 2: Traffic commissioners
14. Clause 2 amends section 4 of the PPVA 1981.
That section currently provides for the Secretary of State to
appoint a traffic commissioner for each traffic area (designated
by virtue of section 3 of the PPVA 1981), and describes the functions
of a traffic commissioner. It also requires traffic commissioners
to act under the general directions of the Secretary of State.
15. The amendments to section 4 of the PPVA 1981
made by clause 2 would replace the requirement for there to be
a traffic commissioner for each area. The Secretary of State would
instead have the power to appoint such number of traffic commissioners
for England and Wales as the Secretary of State may consider appropriate,
and one single commissioner for the Scottish Traffic Area. These
provisions also describe the jurisdiction of traffic commissioners.
In particular, the current restriction which prevents traffic
commissioners from exercising their functions outside the traffic
area to which they are appointed is removed. Deployment of traffic
commissioners is made a function of the senior traffic commissioner
(see commentary on clause 3 below).
16. The reason for delegating the power to determine
the number of traffic commissioners to the Secretary of State
is to increase flexibility within the traffic commissioner network,
and to reflect the new functions which would be granted to traffic
commissioners through this Bill. The effect of other provisions
in this Bill would be to give traffic commissioners a more prominent
role in monitoring bus performance and in taking action to tackle
poor punctuality. Traffic commissioners would also have new functions
including the determination of applications for quality contracts
schemes, and applications to register services in areas where
quality partnership and quality contracts schemes were in place.
Limiting the jurisdiction of traffic commissioners to one traffic
area can hinder the effective performance both of these, and the
existing functions of the traffic commissioners in respect of
buses and goods vehicles. It is also possible that the Secretary
of State might want to appoint a traffic commissioner to focus
predominantly on bus punctuality across a wider area. This would
not be an option under the current jurisdictional arrangements.
Clause 3: The senior traffic commissioner
17. Traffic commissioners are appointed by the
Secretary of State under section 4 of the PPVA 1981 (as would
be amended by clause 2), with further provisions relating to terms
of service set out in Schedule 2 to that Act (as would be amended
by clause 4). Traffic commissioners have a range of functions,
including granting licenses to the operators of public service
vehicles and goods vehicles, and the registration of local bus
services. Traffic commissioners also have powers, in prescribed
circumstances, to attach conditions to operators' licences, or
to impose sanctions.
18. The Secretary of State currently appoints
one of the traffic commissioners to be the senior traffic commissioner.
This is an administrative appointment. Clause 4 inserts new sections
4A to 4C into the PPVA 1981 to put the role of the senior traffic
commissioner on a statutory footing and to prescribe his powers.
19. New section 4B would confer power on the
senior traffic commissioner to require traffic commissioners to
act in such matters and in such places as the senior traffic commissioner
may require. (Currently it is for the Secretary of State to deploy
traffic commissioners to a particular traffic area, and to give
them general directions.) In respect of the traffic commissioner
for the Scottish Traffic Area (and deputy traffic commissioners
for that area) this new power only applies to reserved matters
within the meaning of the Scotland Act 1998. This power, coupled
with the wider jurisdiction for traffic commissioners (see paragraphs
14 to 16 above) would provide greater flexibility in relation
to the exercise of the traffic commissioners' functions. In particular,
it would allow the senior traffic commissioner to determine the
most efficient and effective distribution of work between the
individual traffic commissioners, taking account of the prevailing
circumstances. The Department's view is that it is appropriate
to grant such powers to the senior traffic commissioner, who has
first hand knowledge of the work to be done and is in a stronger
position to identify particular areas of need. The most effective
way to distribute casework may vary from time to time and this
more flexible approach is expected to deliver greater efficiency
in responding to changing circumstances and pressures.
20. New section 4C would confer power on the
senior traffic commissioner to give guidance or general directions
to the traffic commissioners as to the carrying out of their functions
under any enactment. Whilst this clause applies in Scotland, the
senior traffic commissioner can only give guidance or directions
to the traffic commissioner for the Scottish Traffic Area in respect
of the exercise of functions that relate to reserved matters.
21. Subsections (2) and (3) of new section 4C
of the PPVA 1981 set out the matters which may be included in
general directions and guidance given by the senior traffic commissioner.
Matters on which guidance may be given include the meaning and
operation of any enactment or instrument relevant to the functions
of the traffic commissioners, circumstances relating to the imposition
of sanctions or penalties, and matters which should or should
not be taken into account when exercising particular functions.
The matters on which directions may be given include the delegation
of functions to administrative staff, requests for information
in connection with the exercising of functions, the publication
of decisions, the procedure to be adopted when conducting inquiries,
or circumstances in which a traffic commissioner should consult
other traffic commissioners before exercising particular functions.
22. Subsection (4) places an obligation on the
senior traffic commissioner to consult certain persons before
giving directions and guidance.
23. Section 4(4)(a) of the PPVA 1981 and section
1(2) of the Goods Vehicles (Licensing of Operators) Act 1995 currently
provide for traffic commissioners to act under general directions
of the Secretary of State. These provisions are amended to require
traffic commissioners to act under the general directions of,
and to have regard to any guidance given by, the senior traffic
commissioner. The existing power for the Secretary of State to
give general directions to the traffic commissioners is replaced
by a power to give guidance to the senior traffic commissioner
as to the exercise of his functions. The senior traffic commissioner
must have regard to such guidance.
24. The effect of these provisions is to delegate
a number of functions to the senior traffic commissioner. The
traffic commissioners, although appointed by the Secretary of
State, are independent of government. These provisions enhance
that independence by replacing the current power for the Secretary
of State to give general directions to traffic commissioners with
a power to give guidance to the senior traffic commissioner. It
is then for the senior traffic commissioner (who must be a traffic
commissioner) to direct and guide traffic commissioners as to
the exercise of their functions. The new power for the senior
traffic commissioner to deploy the traffic commissioners to such
places and to carry out such functions as may be required by the
senior traffic commissioner also increases effectiveness and administrative
flexibility.
Clause 4: amendments of Schedule 2 to the PPVA
1981
25. Clause 4 amends Schedule 2 to the PPVA 1981.
In particular it amends the power to appoint deputy traffic commissioners
in England and Wales to reflect the changes to the appointment
of traffic commissioners. Currently, the Secretary of State can
appoint deputy traffic commissioners where a traffic commissioner
is unable to carry out their duties, or where more capacity is
needed. The amended provisions would empower the Secretary of
State to appoint such number of deputy traffic commissioners for
England and Wales as may be determined. Such deputies would have
jurisdiction throughout England and Wales and in respect of reserved
matters within the Scottish Traffic Area. The appointment and
terms of office of deputy traffic commissioners in the Scottish
Traffic Area are not affected by these amendments.
26. The reasons for these amendments are in line
with those set out in paragraph 16 above.
Clause 6: Consequential amendments
27. The functions of traffic commissioners are
set out in various Acts of Parliament. In most cases the granting
of the power to exercise those functions is linked to the traffic
area to which a traffic commissioner is appointed. Following on
from the amendments described in paragraphs 14 to 16 above, it
will be necessary to amend all these references to reflect the
new jurisdiction of the traffic commissioners.
28. Clause 6 empowers the Secretary of State,
by order, to make such provision as may be considered necessary
or expedient to give full effect to the amendments to the PPVA
1981 contained in clauses 1 to 5. This includes a power to amend
or modify any enactment, whenever passed or made, but this power
is limited only to giving effect to the new provisions. The justification
for taking such a wide power is as set out in paragraph 12 above.
29. The Government considers that the amendments
needed to give full effect to these provisions are too numerous
and detailed to include on the face of the Bill. It is therefore
proposed to make the necessary amendments in secondary legislation
at the appropriate time.
30. Orders made under this provision would be
subject to the affirmative resolution procedure.
Clauses 12 to 17: Quality partnership schemes
31. A quality partnership scheme is a scheme
made by a local transport authority under which that authority
provides particular facilities at specific locations along the
routes used by local bus services, and operators of local services
who wish to use those facilities agree to provide services of
a particular standard. The current statutory provisions are contained
in sections 114 - 123 of the TA 2000. Before making such a scheme,
the local authority must be satisfied that it will improve the
quality of local services, or reduce or limit traffic congestion,
noise or air pollution.
32. Clauses 12 to 17 amend these provisions in
three main areas. First, clause 12(4) would insert new subsections
(3A) to (3D) into section 114 of the TA 2000. The effect of these
amendments would be to enable local authorities to impose restrictions
on the registration of local services in the area of a quality
partnership scheme. (Before starting to provide a local service,
the operator must register details of that service with the traffic
commissioner). Such restrictions would have to be specified in
the scheme, and there would be an obligation on local authorities
to consult on the proposed restrictions - see the amendment to
section 115 of the TA 2000 contained in clause 13. It would also
be a requirement for the scheme to specify the criteria against
which traffic commissioners would exercise discretion as to whether
or not to accept an application to register a service in that
area. Such restrictions could only be imposed where the local
authority considered that the provision of additional local services
in the area of a scheme may be detrimental to the provision of
services under that scheme.
33. Secondly, the effect of the amendments contained
in clause 12(5) to (7) would be to extend the potential scope
of schemes to include requirements relating to the frequency and
timings of services, and the maximum fares which may be charged.
The inclusion of such provisions would only be permitted where
no "admissible objections" had been received from relevant
bus operators about the inclusion of such requirements (for more
details see paragraphs 35 to 38 below).
34. Finally, the amendments provide for the phased
implementation of quality partnership schemes and the ability
to postpone any part of a scheme rather than, as now, just the
whole of it.
Clause 17: regulations about schemes which specify
frequencies, timings or fares
35. Clause 17 would amend and insert new provisions
into section 122 of the TA 2000 (regulations about schemes). The
effect would be to provide a new power for the appropriate national
authority (the Secretary of State in England, or the Welsh Ministers
in Wales) to make regulations to prescribe the content or operation
of schemes which include requirements relating to the frequency
and timing of services, and the maximum fares which may be charged
(see paragraph 32 above for details).
36. New section 114(3) to (5), as would be inserted
by clause 17(3), sets out the matters which may be included in
regulations in respect of the inclusion of requirements as to
frequencies, timings and maximum fares in a scheme. In particular,
such regulations could define "admissible objections"
and "relevant operator" for these purposes and prescribe
the procedure for making a determination as to whether a particular
objection by a particular person is admissible. Regulations could
also prescribe the procedure for setting requirements as to frequencies,
timings and maximum fares, and provide for such requirements to
be reviewed and revised at regular intervals.
37. There are two main reasons for using regulations
to prescribe such matters, rather than doing so on the face of
the primary legislation. First, these are detailed procedural
matters which are better suited to secondary legislation. Secondly,
there is at present virtually no practical experience of the operation
of quality partnership schemes and, given that frequencies, timings
and maximum fares cannot currently be included in schemes, no
experience of the inclusion of such requirements. Taking powers
to prescribe such matters in secondary legislation will provide
greater flexibility in the future to adapt the procedures in the
light of experience, without the need to amend primary legislation.
These regulations, in common with other regulations made under
section 122, would be subject to the negative resolution procedure.
38. The existing powers for the appropriate national
authority to make regulations about quality partnership schemes
(section 122 of the TA 2000), and section 123 of the TA 2000,
which empowers the appropriate national authority to issue guidance
to authorities about the carrying out of their functions in respect
of quality partnership schemes, are not amended by this Bill.
Clauses 18 to 39: Quality contracts schemes
39. A quality contracts scheme is a scheme under
which the local authority determines the local bus network for
the area to which the scheme relates, and local bus services in
that area can only be provided under quality contracts entered
into by the local authority and bus operators. The local authority
can exclude certain local services, or classes of services, from
the scheme. The existing provisions are to be found in sections
124 - 134 of the TA 2000.
40. Under the existing provisions a local authority,
in proposing a scheme, must be satisfied that a quality contracts
scheme is the "only practicable way" to implement the
policies of the local transport authority as set out in its bus
strategy (which must at present be produced by virtue of section
110 of the TA 2000). The scheme must then be submitted to the
appropriate national authority for approval. The effect of clause
10 would be to remove the requirement for local transport areas
to produce bus strategies. The new provisions on quality contracts
schemes therefore require authorities to be satisfied that the
scheme would contribute to the implementation of local transport
policies, as defined in section 108 of the TA 2000 (as would be
amended by clause 7).
41. Clauses 18 to 39 make a number of amendments
to, and insert a number of new provisions into, the existing legislation.
In particular, the "only practicable way" test referred
to in paragraph 40 above is replaced with a set of public interest
criteria which the proposed scheme must satisfy.
42. The approval role of the Secretary of State
in relation to schemes in England is also removed, and proposed
schemes must instead be submitted to an approvals board consisting
of a traffic commissioner and two other members. Appeals against
decisions of the approvals board would fall to be determined by
the Transport Tribunal. Schemes in Wales would continue, as now,
to be approved by the Welsh Ministers.
43. The amendments also provide for the phased
implementation of quality contracts schemes, so that different
provisions would be able to come into operation on different dates.
Clause 20: Approval of proposed schemes
44. Clause 20 would amend section 126 of the
TA 2000 (approval of proposed schemes). The effect would be to
replace the current requirement for schemes to be approved by
the Secretary of State with a requirement for them to be approved
by the appropriate approval authority. The appropriate approval
authority in England would be the approvals board for England,
and in Wales the Welsh Ministers. This is being done to strengthen
the independence of decision making in relation to schemes. In
particular, the Secretary of State considers it to be more appropriate
for such judgments to be taken at arm's length from central government
by an independent approvals body, with a specified right of appeal
against the decisions of that body.
Clause 21: Approvals Boards for England
45. Clause 21 inserts a new section 126A into
the TA 2000 to provide for the approvals board for England. As
described in paragraph 44 above, the current function of the Secretary
of State to determine applications for approval of a quality contracts
scheme is to be delegated to this board in respect of applications
in England only. Applications for schemes in Wales will continue,
as now, to be determined by the Welsh Ministers.
46. It is important to ensure that the process
for determining applications to make quality contracts schemes
is fair, open and impartial. In ensuring that this is achieved,
Ministers and officials at the Department for Transport can be
inhibited from working with local authorities in the development
of suitable schemes. The Government therefore wishes to delegate
the function to an independent, transparent and impartial Board
so as to free up Ministers and departmental officials to assist
and advise on proposals for new schemes.
47. New section 126A provides that each board
will consist of three members - a traffic commissioner (who would
chair the board) and two people drawn from a panel appointed by
the Secretary of State for these purposes (and who would have
relevant expertise, for example in matters such as transport planning
and economics). The effect of subsections (4) and (5) is to provide
for the senior traffic commissioner to designate as chair the
traffic commissioner considered to be most appropriate in the
circumstances of each case on the basis of local knowledge unless,
in that traffic commissioner's opinion, his ability to act impartially
is impaired. The structure of the board is designed to ensure
that impartial and fair decisions are taken by a mix of people
with the appropriate expertise and local knowledge.
48. The Bill provides for appeals against decisions
of an approvals board to be made to the Transport Tribunal (see
new sections 126D and 126E inserted by clause 24). A further right
of appeal on points of law lies to the Court of Appeal.
49. The Welsh Ministers have decided that they
wish to retain responsibility for making determinations about
applications for the approval of quality contracts schemes rather
than to delegate it to a separate board.
Clause 22: Practice and procedure of approvals
boards for England
50. This clause inserts a new section 126B into
the TA 2000. It empowers the Secretary of State to prescribe in
rules the practice and procedure to be followed by approvals boards
for England, and for carrying into effect the powers and duties
of any such boards.
51. The provisions which may be made in such
rules include the procedure for making applications to the board
and for the acknowledgement of such applications, the procedure
for notifying relevant parties that an application has been lodged,
and the timescales within which such parties may make representations
to the board.
52. A power to made regulations to prescribe
the timescale within which the Secretary of State would normally
expect a board to reach a decision on any application to it is
also provided. New section 126B(4) would place a duty on the approvals
board to take all reasonable steps to reach its decision within
the time prescribed. If it failed to do so, the Chair of the board
would be required to prepare a statement for the Secretary of
State and the local authority which has made the application for
approval.
53. The purpose of rules and regulations made
under this provision is to ensure an approvals boards reaches
its determination in a proper and timely fashion. This is important
both for authorities seeking to make a scheme and for those operators
who would be affected by it. As the matters to be covered are
essentially procedural, they are best suited to secondary legislation.
In addition, as the concept of an approvals board is a new one,
flexibility to make further changes to the practice and procedure
of boards in the light of experience will be valuable. These rules
and regulations would be subject to the negative resolution procedure
by virtue of amendments made to section 160 of the TA 2000 by
clause 22(2) and (3). This is consistent with the procedure applied
to the making of other procedural rules (for example rules made
under Schedule 4 to the TA 1985 which prescribe the procedure
and practice for the Transport Tribunal).
54. New section 126B empowers the Secretary of
State to issue guidance about the carrying out by a board of its
functions under these provisions. The board would be required
to have regard to any such guidance. This guidance is not subject
to any parliamentary procedure.
Clause 23: Inquiries by approvals boards for England
55. This clause inserts a new section 126C into
the TA 2000. The clause applies where a local authority has made
an application to the approvals board for England under section
126 of the TA 2000 for the approval of a proposed quality contracts
scheme. Clause 21, which inserts a new section 126A into the TA
2000, sets out the structure and functions of the approvals board
for England (see paragraphs 45 to 49 above).
56. New section 126C empowers an approvals board
for England to hold an inquiry where members of a board consider
it to be necessary in order to make a determination on an application
for approval of a quality contracts scheme. Such inquiries must
be held in public, subject to any provision made by regulations
(see below).
57. The provisions in new section 126C are similar
to the powers of the traffic commissioners, as set out in section
54 of the PPVA 1981, to hold inquiries in connection with the
exercise of their functions. Section 54 of the PPVA 1981 empowers
the Secretary of State to make regulations in connection with
the holding of such inquiries (see the Public Service Vehicles
(Traffic Commissioners: Publication and Inquiries) Regulations
1986, S.I. 1986/1629, amended by S.I. 1993/2754 and S.I. 2004/2682).
58. New section 126C includes a power for the
Secretary of State to make regulations in respect of the holding
of inquiries by approvals boards for England. The provisions in
the Bill about the approvals board will not apply in Wales, so
there is no corresponding power for the Welsh Ministers to make
such regulations.
59. The powers in new section 126C enable the
Secretary of State to make provisions as to:
- the holding of inquiries in public
(subsection (4));
- the manner in which notice of an inquiry should
be published (subsection (5));
- the circumstances in which the board may make
an order for costs to be paid to the Secretary of State by any
such party to the inquiry as the board thinks fit (subsection
(6));
- the method of calculating costs to be paid under
such an order and the maximum amount which may be ordered to be
paid under such an order (subsection (7)); and
- restricting admission to such an inquiry (subsection
(8)).
60. Regulations made under this provision would
be subject to the negative resolution procedure (see section 160(2)
of the TA 2000), consistent with the existing powers in section
54 of the PPVA 1981. Empowering the Secretary of State to make
regulations about what are, essentially, procedural matters, increases
the flexibility available to prescribe that procedure, and to
vary it in the light of experience in the future. This would be
particularly important in respect of the setting of a maximum
costs award which may be determined by the approvals board.
Clause 25: Making of scheme
61. Clause 25 contains mainly consequential amendments
to section 127 of the TA 2000. Section 127 sets out procedural
requirements in respect of the making of a quality contracts scheme,
in particular the maximum period between the approval of a scheme
(currently by the Secretary of State for schemes in England and
the Welsh Ministers for schemes in Wales) and the making of it
by the local authority, and the minimum period between the scheme
being made and it coming into force. The section also prescribes
that notice must be given by the local transport authority as
to the making of a scheme within 14 days of it being made, the
form of that notice, and what it must contain.
62. Amendments to this section contained in clause
25 would provide that the date on which a scheme can be made in
England must be deferred until any appeal under the sections inserted
by clauses 21 to 24 has been disposed of. The clause makes the
necessary amendments to enable different parts of a scheme to
come into operation on different dates, consistent with other
amendments made to provisions on quality contracts schemes.
63. Section 127(10) of the TA 2000 currently
empowers the appropriate national authority, by order, to vary
the period prescribed in subsection 2(b) between the making of
a scheme and it coming into operation. This period was amended
in England by virtue of the TA 2000 (Commencement of Quality Contracts
Schemes)(England) Order 2005, S.I. 2005/75.
64. Subsection (10) of clause 24 substitutes
the existing section 127(10) with a new provision. This enables
the appropriate national authority to vary not only the period
between the making and coming into operation of a scheme, but
also the period between the final outcome of an appeal against
a decision of an approvals board in England and the coming into
operation of a scheme (see new subsection (1A) as inserted by
clause 24(4)) and the maximum period specified in section 127(1)
between the approval of a scheme and it being made.
65. Orders made under section 127(10) of the
TA 2000 will continue as now to be subject to the negative resolution
procedure.
Clause 27: effect of scheme: different provisions
taking effect on different dates
66. Clause 27 makes consequential amendments
to section 129 of the TA 2000 to reflect amendments to section
127 of that Act which would enable different parts of a scheme
to come into effect on different dates (see clause 25).
67. Section 129(4) of the TA 2000 prescribes
the maximum period between the making of a quality contracts scheme
and issuing invitations to tender for quality contracts. The prescribed
period is three months or such other period as the appropriate
national authority may by order specify.
68. The Department for Transport and the Welsh
Assembly Government have agreed that it is not necessary to set
such a maximum period, and section 129(4) is therefore repealed
by clause 27(4).
Clauses 29 to 32: continuation of a scheme
69. The provisions relating to quality contracts
schemes in the TA 2000 do not provide a mechanism to enable a
scheme to be continued at the end of the maximum ten year period.
Should a local authority wish to do so, it would have to make
the scheme again, as if from new. Clauses 29 to 32 of this Bill
insert new sections 131A to 131D into the TA 2000 setting out
the circumstances in which a scheme may be continued, and the
procedure to be followed. Before making a final determination
as to whether to continue a scheme the local authority must publish
a consultation document containing the information described in
new section 131A(3) (see clause 29). Once a determination has
been made it must, unless it is an exempt proposal (see clause
30 and new section 131B of the TA 2000) be submitted to the appropriate
approval authority.
Clause 30: approval of continuation scheme
70. Clause 30 inserts new section 131B into the
TA 2000. Subsection (1) provides that section 126 of the TA 2000
(approval of scheme by appropriate approval authority) does not
apply to a proposal to continue a scheme where that scheme is
exempt but, in any other case, applies with the modifications
set out in subsection (2).
71. An exempt proposal is defined in subsection
(5) as a proposal which either satisfies certain conditions (described
in subsections (6) to (10)), or is made in circumstances prescribed
in regulations made by the appropriate national authority. The
conditions set out in the primary legislation are quite detailed,
and are based around the premise that a proposal should only be
exempt where it, in effect, continues the scheme much as originally
made. A proposal which extended the area of the scheme, or which
would affect the operation of previously 'unregulated' services
(as defined in subsection (4)), would not be exempt, and would
therefore need to be submitted for approval.
72. The proposal to take a power to prescribe
other circumstances in regulations is done so as to retain some
flexibility for the appropriate national authority to prescribe
additional circumstances if, in the light of experience, it is
considered that other types of scheme may not require approval.
Regulations made under this section would be subject to the negative
resolution procedure.
73. Clause 31 inserts a new section 131C into
the TA 2000. This new section provides a right of appeal against
a decision of the local authority either that a proposal is an
exempt proposal, or that a scheme which is the subject of an exempt
proposal should continue in force. The right of appeal lies to
the Transport Tribunal with a further right of appeal on points
of law to the Court of Appeal.
Clause 35: regulations about schemes
74. Clause 35 amends section 133 of the TA 2000
(regulations about schemes). Under this section regulations may
be made to prescribe a range of matters in connection with quality
contracts schemes.
75. The amendments in subsections (2) and (3)(a)
and (c) of clause 35 are consequential to the provisions in clauses
29 to 32 of the Bill which set out the procedure to be followed
when a local transport authority wants a quality contracts scheme
to continue beyond the maximum ten year period. The provision
in clause 35(3)(b) inserts a power to make regulations about the
procedure for determining applications for approval of a quality
contracts scheme.
76. Regulations made under this section would
continue, as now, to be subject to the negative resolution procedure.
Clause 36: Transitional provisions about schemes
77. Clause 36 amends section 134 of the TA 2000
(transitional provision about schemes). The amendment contained
in subsection (2) is consequential to changes proposed in the
Bill which would enable the coming into effect of a quality contracts
scheme to be phased in over a period of time, with different provisions
taking effect at different times.
78. Subsection (3) inserts a new provision into
section 134(2), the effect of which is to enable regulations about
transitional provisions to prescribe circumstances in which any
provision of sections 89 to 92 of the TA 1985 (obligation to invite
tenders) should not have effect, or should have effect with prescribed
modifications. Regulations can already make similar provision
in respect of sections 6 to 9 of the TA 1985 (registration of
local services).
79. The effect of a quality contracts scheme
is that the local authority takes control of the local bus network
and, with certain exceptions, suspends the operation of the free
market for bus services in that area. The transition from an unregulated
market to one operated under local authority control may, potentially,
be complex. The purpose of the power in section 134 is to enable
the appropriate national authority to prescribe circumstances
in which the normal free market provisions would not operate,
or would operate to a modified extent, in the period leading up
to the coming into operation of the scheme.
80. The reason for this is to try to maintain
some form of stability in the provision of bus services during
the transitional period. Many members of the public rely on bus
services to carry out their daily tasks and it is in the public
interest to ensure that the transition to a quality contracts
scheme, which is intended to be of benefit to members of the public
living or working in the area, does not inconvenience them. Taking
the additional power described in clause 36(3) would enable, for
example, modifications to be made to the normal procedure for
inviting tenders to operate subsidised services where an operator
needed to be found to run such services at short notice, or to
carry on operating a subsidised service for longer than normal
to cover a transitional period.
81. Regulations made under this section would
continue, as now, to be subject to the negative resolution procedure.
Clause 37: guidance about quality contracts schemes
82. Clause 37 inserts a new section 134A into
the TA 2000 to empower the appropriate national authority to issue
guidance concerning performance by local transport authorities
of their functions in relation to quality contracts schemes. Local
transport authorities are required to have regard to any such
guidance.
83. No parliamentary procedure has been prescribed
for this guidance, which will be made in consultation with local
authorities and the industry. This is consistent with the approach
taken in the existing section 123 of the TA 2000, which provides
for the issuing of guidance about quality partnership schemes.
Clause 39: power to make traffic regulation orders
84. Clause 39 amends section 1 of the Road Traffic
Regulation Act 1984 ("the 1984 Act") (traffic regulation
orders outside Greater London). This section empowers the traffic
authority for a road outside Greater London (as defined in section
121A of the 1984 Act) to make traffic regulation orders where
such an order may be expedient for one of a number of reasons.
In particular, such orders may be made to prevent danger to members
of the public, to prevent damage to the road or any building on
or near the road, to restrict certain types of vehicle from using
a particular road, or for preserving or improving the amenities
of a particular area.
85. Subsection (3A) of section 1 of the 1984
Act was inserted by the TA 2000. The purpose was to enable a local
traffic authority (either a county council or a metropolitan district
council) to make a traffic regulation order in respect of a road
for which either the Secretary of State is, or the Welsh Ministers
are, the traffic authority, provided the consent of the appropriate
authority had been sought, where such an order was required for
the provision of facilities pursuant to a quality partnership
scheme under Part 2 of the TA 2000. The types of facilities in
mind were designated bus lanes or other bus priority measures.
86. The power was not made available to local
traffic authorities where such an order might be required pursuant
to a quality contracts scheme. The effect of the amendments in
clause 39 is to extend the power delegated to local traffic authorities
to make traffic regulation orders in respect of roads for which
either the Secretary of State is, or the Welsh Ministers are,
the traffic authority where such an order may be necessary in
order to provide facilities pursuant to a quality contract or
a quality contracts scheme.
Clause 41: Detention of certain PSVs used without
PSV operators' licences
87. The effect of clause 41, and Schedule 3 which
it would give effect to, would be to enable a regime to be established
whereby certain illegally operated public service vehicles could
be detained, removed and disposed of. These are enabling powers,
which would have no effect until the appropriate regulations were
in place.
88. Schedule 3 to this Bill inserts a new Schedule
2A into the PPVA 1981 setting out the details of the provisions
which may be made in regulations. These are very similar to the
provisions in Schedule 1A to the Goods Vehicles (Licensing of
Operators) Act 1995, which empowered the Secretary of State to
make regulations to provide for goods vehicles and their contents
to be detained when operated in contravention of the licensing
requirements. Regulations were made under this provision in 2001
(see the Goods Vehicles (Enforcement Powers) Regulations 2001
- S.I. 2001/3981).
89. The powers in new Schedule 2A to the PPVA
1981 (as would be inserted by these provisions) would enable regulations
to be made about the detention of property, and the mechanism
for such property to be returned to its rightful owner. Regulations
must also make provision requiring arrangements to be made to
ensure that passengers travelling on a detained vehicle are transported
in safety either to their destination or to a suitable place from
which to continue their journey. Any regulations made by virtue
of this Schedule would have to include provisions under which
the owner of a detained vehicle could apply to the traffic commissioner
for the return of that vehicle, and provide a right of appeal
to the Transport Tribunal against such decisions of the traffic
commissioner.
90. The reason for taking a power to establish
this regime in secondary legislation is because these are, essentially,
detailed procedural matters. The framework of the regulations
is set out in the primary legislation in some detail, and identifies
certain provisions which must be included if the regulation making
power is exercised. In addition, where criminal offences could
be created, the primary legislation is specific about the maximum
penalty which could be imposed.
91. By virtue of section 61(1) of the PPVA 1981,
regulations made under this Schedule would be subject to the negative
resolution procedure. This is consistent with the power to make
regulations to establish a similar scheme for goods vehicles in
the Goods Vehicles (Licensing of Operators) Act 1995 (see section
57(11) of that Act).
Clause 42: applications for registration where
restrictions in force
92. Clause 42 inserts new sections 6(2A) and
6A into the TA 1985. The new section 6A applies where restrictions
have been imposed on the registration of local services as part
of a quality partnership scheme. An operator of public service
vehicles who wants to provide local bus services must register
details of the proposed service with the traffic commissioner.
Under normal circumstances, the traffic commissioner has no discretion
to modify or refuse the application, although powers of enforcement
are available if the operator fails to provide the service in
accordance with the registered particulars.
93. Clause 12 inserts new provisions into section
114 of the TA 2000 under which a local authority could impose
restrictions on the registration of local services in an area
in which a quality partnership scheme is in place where it is
considered that such registrations could be detrimental to the
scheme (see paragraph 32 above). In such cases, the traffic commissioner
is to be granted discretion to refuse or modify such an application,
in accordance with criteria specified by the local authority in
the scheme.
94. The reason for including this provision is
to enable the traffic commissioner to exert some control over
the registration of services which, if operated in the way proposed,
could be detrimental to services provided under the scheme. A
quality partnership scheme can only be made where it is in the
public interest. If additional services are operated within the
area of a scheme which might undermine it, the result may be that
the scheme fails and the public would lose the benefits of the
improved bus service. The traffic commissioner, working on the
basis of the registration criteria specified by the local authority,
is best placed to determine whether or not the operation of additional
services might be detrimental to the scheme. The provisions provide
a right of appeal to the Transport Tribunal against decisions
of the traffic commissioners on this matter.
95. New section 6A of the TA 1985 describes the
procedure to be followed by the traffic commissioner in such circumstances.
The primary legislation sets out, among other things, the circumstances
in which the traffic commissioner may accept the application,
the steps which must be taken by the traffic commissioner if representations
are received from those notified about the application, and the
options available to the traffic commissioner if his determination
is that an application would be detrimental to the provision of
services under a quality contracts scheme.
96. New section 6A(11) empowers the Secretary
of State, and the Welsh Ministers, to make regulations to set
out some of the procedural detail e.g. the procedure which the
traffic commissioner must adopt in giving notice to relevant local
authorities and operators, the details which must be included
in an application to register a service in these circumstances,
and the procedure to be followed in determining the application.
97. The matters which may be prescribed in regulations
are detailed procedural matters best suited to secondary legislation.
The effect of sections 134 and 135 of the TA 1985 is to apply
sections 60 (general power to make regulations for purposes of
Act) and 61 (exercise of regulation making powers and parliamentary
control thereof) of the PPVA 1981 to regulations made under Parts
1 and 2 of the TA 1985 (this provision would be inserted into
Part 1 of the TA 1985). This power is therefore exercisable by
statutory instrument subject to the negative resolution procedure.
Clause 43: applications for registration where
quality contracts scheme in force
98. Clause 43 inserts new sections 6(2B) and
6B into the TA 1985. The effect is to provide for new section
6B to apply where an operator seeks to register a local service
with the traffic commissioner in an area within which a quality
contracts scheme is in force (see paragraphs 39 to 43 above for
more information about quality contracts schemes). Section 129(1)
of the TA 2000 provides that, where a quality contracts scheme
is in place, no local services can be registered with the traffic
commissioner (unless excepted by the scheme) and local services
can only be operated under a quality contract.
99. The effect of this new provision is to ensure
that an application to register a local service can be accepted
by the traffic commissioner but only where the local authority
has certified that the proposed service would not have an adverse
effect on services provided under quality contracts. The effect
of subsection (5) is to enable the Secretary of State to prescribe
the time within which the service must be registered, if the traffic
commissioner receives the appropriate certification from the local
authority,.
100. The setting of an appropriate timescale
is best left to secondary legislation following consultation with
traffic commissioners and other interested parties. For the reasons
described in paragraph 97 above, regulations made under this provision
would be subject to the negative resolution procedure.
Clause 44: Traffic regulation conditions for anticipated
traffic problems
101. Section 7 of the TA 1985 empowers a traffic
commissioner, on receipt of a request from a traffic authority,
to make traffic regulation conditions which must be met in the
provision of local bus services. Such a request can only be submitted
"in relation to a particular traffic problem", and the
traffic commissioner can only impose a condition where satisfied
that it is required in order to prevent danger to road users,
reduce severe traffic congestion, or reduce or limit noise or
air pollution.
102. Clause 44 amends section 7 of the TA 1985
to enable a request to be made to the traffic commissioner in
cases where the traffic authority can reasonably foresee that
a particular traffic problem is likely to arise. The purpose of
this amendment is to enable appropriate action to be taken in
anticipation of a problem, rather than having to wait until it
has actually arisen. An example might be where there is particularly
aggressive competition between bus operators on an already busy
bus route leading to a large increase in the number of registered
services, and increased congestion. The traffic authority might
become aware of a potential problem when applications are made
to register new services. This amendment would enable the authority
to take appropriate action in such circumstances.
Clause 45: Transport Tribunal to decide appeals
against traffic regulation conditions
103. Clause 45 amends section 9 of the TA 1985.
This section currently provides a right of appeal to the Secretary
of State against traffic regulation conditions imposed by a traffic
commissioner under section 7 of that Act. The effect of the amendments
in clause 45 is to transfer that responsibility to the Transport
Tribunal. This is consistent with the appeal process in respect
of other decisions of traffic commissioners.
104. Under section 9(3) of the TA 1985 the Secretary
of State was empowered to make regulations prescribing the time
and manner in which appeals under that section must be made, and
the procedure to be followed. However Schedule 4 to the TA 1985,
which sets out the constitution, powers and proceedings of the
Transport Tribunal, empowers the Lord Chancellor to make general
rules governing the procedure and practice of the Transport Tribunal
(see the Transport Tribunal Rules 2000, S.I. 2000/3226, as amended
by S.I. 2001/4041 and S.I. 2002/643).
105. The effect of the amendments made by clause
45 is to render the power in section 9(3) otiose. It is therefore
repealed.
Clauses 46 and 47: use of private hire vehicles
to provide local services
106. These clauses amend sections 12 and 13 of
the TA 1985, and insert a new section 13A. Sections 12 and 13
currently enable holders of a taxi licence to apply to the traffic
commissioner for a restricted Public Services Vehicles ("PSV")
operator's licence (granted under section 12 of the PPVA 1981).
Such a licence entitles the operator to use taxis to run local
bus services.
107. The purpose of the amendments in these clauses
is to extend this ability to the holders of private hire vehicle
("PHV") licences, thus enabling the holders of such
licences to use PHVs to provide local bus services. For these
purposes, a "private hire vehicle licence" is defined
as a licence granted under section 48 of the Local Government
(Miscellaneous Provisions) Act 1976. This excludes licences granted
in the Greater London area (which are defined under separate legislation).
108. Section 12(9) of the TA 1985 contains a
power for the Secretary of State to prescribe certain matters
in regulations, for example the documents, plates and marks which
must be carried by a taxi when it is being used to provide local
bus services. Under subsection (10), the Secretary of State is
empowered to prescribe those provisions in the taxi code (defined
in section 13(3) of the TA 1985) which apply to a taxi when it
is being used to provide local bus services.
109. Clause 46(6) extends the application of
section 12(9) of the TA 1985 to licensed hire cars which are being
used to provide local bus services. Clause 46(7) extends the power
in section 12(10) of the 1985 Act to enable regulations to prescribe
provisions in the hire car code (defined in section 13(3)) of
the TA 1985) which should apply when a PHV is being used to provide
local bus services.
110. By virtue of the definition of "private
hire vehicle licence" (see paragraph 107 above) these provisions
will not apply in Greater London until such time as Transport
for London provides for them to do so. Clause 47 inserts a new
section 13A into the TA 1985 to provide that Transport for London
may, by order, provide that section 12 of the TA is also to apply
to vehicles licensed under section 7 of the Private Hire Vehicles
(London) Act 1998 (London PHV licences).
111. Clause 47 also amends section 13 of the
TA 1985 to devolve to Transport for London the power to modify,
by order, the taxi code and hire car code as it applies to taxis
and private hire cars in London. Transport for London already
has powers to make regulations in relation to taxis and private
hire cars in London. Delegating the power to modify the codes
which apply to the use of such vehicles in London is therefore
consistent with this.
112. Orders made by the Secretary of State under
this section will continue, as now, to be subject to the negative
resolution procedure. The regulations will be relatively technical
in nature and subject to full consultation with the industry.
113. Orders made by Transport for London will
not be subject to any parliamentary procedure. This is consistent
with the existing powers of Transport for London to make regulations
relating to taxis and private hire vehicles in London (see section
9 of the Metropolitan Public Carriage Act 1869 and section 32
of the Private Hire Vehicles (London) Act 1998 as amended by the
Greater London Authority Act 1999).
114. However, new section 13A(2) of the TA 1985
would require Transport for London to consult such representative
organisations as it thinks fit before either extending the provisions
in section 12 to private hire vehicles in London, or modifying
the taxi or hire car code. Transport for London would also be
required to print and publish any orders made under these provisions
(see new section 13A(6) inserted by clause 47(8)).
Clauses 48 to 52: vehicles used under permits
115. The effect of sections 19 to 23 of the TA
1985 is to enable certain voluntary bodies to operate PSVs without
the requisite operator's licence. These clauses amend these provisions,
and also insert a new section 23A into the TA 1985. The purpose
is to remove some of the current restrictions as to the types
of vehicles which may be used under these permits, and the circumstances
in which they may be used. The amendments would also enable a
system to be established under which permits would be time-limited
(they currently have no expiry date) and to impose requirements
as to the keeping of records in relation to such permits.
116. Section 19(7) already contains a power for
the Secretary of State to designate, by order, certain bodies
eligible to grant permits under section 19 of the TA 1985. Clause
48(6) would amend paragraph (c) of that subsection so as to empower
the Secretary of State, in such an order, to require designated
bodies to keep records with regard to the permits granted, varied
or revoked by that body. The current provision only requires the
designated bodies to "make returns" in respect of permits
granted by it. The purpose of this amendment is to improve the
information available about bodies holding such permits. By virtue
of section 135 of the TA 1985, orders made under this section
are subject to the negative resolution procedure.
117. Clause 51 would insert a new section 23A
into the TA 1985 which would empower the Secretary of State to
require permits issues after a specified date to be time limited
(up to a maximum of five years). Regulations under subsection
(2) of this clause could set a date in the future after which
all non-time limited permits not surrendered to the body which
issued them would be automatically revoked. Permits surrendered
to the issuing bodies would, provided applicants continued to
be eligible for the grant of such a permit, be re-issued for a
period not exceeding five years. Such permits would be renewable
at the end of that period.
118. The effect of a grant of a permit under
the existing provisions is to enable certain bodies who provide
community services to operate particular type of public service
vehicle without an operator's licence. This is important in enabling
community groups to provide much needed services to those who
might not otherwise have access to transport. It is also, however,
important to ensure that proper records are maintained about those
who hold permits, and for such permits to be renewed on a regular
basis so as to ensure that those who hold them remain entitled
to do so, and that they are providing services within the prescribed
statutory restrictions.
119. Regulations made under new section 23A,
or clause 51(2), would be subject to the negative resolution procedure.
This is consistent with the power to make orders under section
19(7), as described in paragraph 116 above.
Clause 54: powers of traffic commissioners where
services not operated as registered
120. Clause 54 inserts new sections 27A and 27B
into the TA 1985. The purpose of these sections is to confer new
powers on the traffic commissioners, enabling them to take appropriate
steps where they consider that action taken, or not taken, by
a local authority might have affected bus punctuality.
121. New clause 27A(2) confers on the traffic
commissioners a power to direct a local authority to provide information
connected with the performance of its network management duty
under section 16 or 17 of the Traffic Management Act 2004. The
traffic commissioner may also require the local authority to attend
any inquiry held in connection with deciding whether enforcement
action should be taken against an operator. Where the traffic
commissioner identifies any remedial measures which could be taken
by either the operator or the local traffic authority, he may
prepare a report recommending appropriate measures.
122. New clause 27B supplements the provisions
in new clause 27A(2) in respect of the power of the traffic commissioner
to direct.
123. One of the purposes of measures contained
in the Local Transport Bill is to facilitate improvements in the
provision of local bus services and to improve patronage. Punctuality
is extremely important both for existing passengers, and in encouraging
more people to travel by bus, and the traffic commissioners have
an important part to play in taking appropriate enforcement action
against operators who repeatedly fail to operate services in accordance
with registered particulars.
124. However, poor punctuality may not only be
down to the bus operator. Actions either taken, or not taken,
by a local authority may also play a part. The purpose of these
provisions is to enable traffic commissioners, as part of their
investigation of poor performance by an operator, to ask for and
obtain relevant information about the role of the local authority
in any operational problem. This will better equip the traffic
commissioner either to make recommendations as to how performance
might be improved, or to take appropriate enforcement action.
125. As the traffic commissioners are already
responsible for taking enforcement action against operators, it
is appropriate that they should also have the power to require
local authorities to provide the information needed to determine
the appropriate way forward.
Clause 55: Additional sanctions for failures by
bus operators
126. Section 155 of the TA 2000 already empowers
traffic commissioners to impose financial penalties on bus operators
in certain circumstances (e.g. failing to operate a service as
registered, or operating a service in contravention of a quality
partnership or quality contracts scheme). The maximum penalty
which may be imposed is £550 per licensed vehicle operated
by the operator, or such other amount as the Secretary of State
or the Welsh Ministers may by order specify.
127. Clause 55 amends section 155 to provide
traffic commissioners with a range of options as to the sanctions
that may be imposed. As well as a financial penalty, the traffic
commissioner could require the operator to invest in improvements
to the service, or to compensate passengers for poor performance.
Where an order to invest money or pay compensation is made, and
the operator fails to comply, a higher financial penalty may be
imposed.
128. The purpose of this amendment is to enable
sanctions to be imposed in such a way as to bring direct benefits
to passengers, through investment in the services or provision
of compensation, rather than just imposing a financial penalty.
Traffic commissioners already have powers of enforcement over
bus operators, and are therefore the appropriate officers to have
these new powers.
Clause 56: operational data
129. Clause 56(3) would insert a new subsection
(9)(ka) into section 6 of the TA 1985 to enable regulations made
under that section to impose restrictions on the use of information
made available to traffic commissioners or other persons. This
is to ensure that any confidential information provided by bus
operators can be given appropriate protection.
130. The power to make regulations under section
6(9)(i) to (k) of the TA 1985, which could be used to require
operators to keep certain records and pass them to traffic commissioners
and other persons as required, have not yet been exercised (although
other regulations have been made under this section). The Department
is working with bus operators and local authorities to improve
punctuality and, as a result, it is likely that regulations will
be made under these particular provisions. Where confidential
information is supplied, it is important to ensure that it is
subject to appropriate protection.
131. Clause 56(4) inserts a new subsection (10)
into section 6 of the TA 1985 to enable regulations made under
the new power in paragraph (ka) to create criminal offences for
a breach of any restrictions on the use of information. The maximum
penalties are prescribed in that provision.
132. Regulations made under these new provisions
will be subject to the negative resolution procedure, consistent
with other regulations made under section 6 of the TA 1985.
Clause 57: revival of certain powers
133. Orders made under section 60(5) of the TA
1985 disapplied, amongst other things, the power in section 10(1)(viii)
of the Transport Act 1968 ("the TA 1968") for Passenger
Transport Executives ("PTEs") to let passenger vehicles
to bus operators on hire.
134. There are circumstances in which the Department
considers that it would be appropriate for PTEs to have such a
power (it was never disapplied in respect of other local authorities)
in particular where, by leasing a vehicle to an operator, they
can ensure that the service is provided to a higher standard.
The effect of clause 57 is to replace the power in section 10(1)(viii)
of the TA 1968 with a power which would only apply where a service
is being provided under a contract (either a subsidised service
contract or a quality contract). Subsection (4) provides that
orders made under section 60(5) of the TA 1985 are to cease to
have effect to the extent that they prevent PTEs from using the
power under section 10(1)(viii) of the TA 1985.
Clause 64: Public Transport Users' Committee for
England
135. Clause 64 would insert new sections 125A
and 125B into the TA 1985. The approach set out in these provisions
is modelled closely on the powers conferred on the Welsh Ministers
in the Transport (Wales) Act 2006 (see sections 8 and 9 of that
Act).
136. New section 125A would empower the Secretary
of State, by order, to establish a body corporate to be known
as the Public Transport Users' Committee for England. An order
made under this power could include provision about the status
and membership of the Committee, the proceedings of the Committee,
and other matters such as staffing and financial arrangements.
137. New section 125B provides that the Committee
may consider and make recommendations to the Secretary of State
about matters relating to public passenger transport services
or facilities in England. The provision would enable the Secretary
of State to limit the remit of the Committee to such services
or facilities of a prescribed description (e.g. local bus services).
The Committee would be under an obligation to consider and make
recommendations to the Secretary of State about any matter where
requested to do so.
138. The Secretary of State would have power
to change or remove any functions of the Committee or to confer
new functions on it, or to transfer functions of the Committee
to another person.
139. Orders under these new sections would be
subject to the affirmative resolution procedure.
Clause 65: Power to confer non-rail functions
on the Rail Passengers' Council
140. Clause 65 would insert a new section 19A
into the Railways Act 2005. This new section would empower the
Secretary of State to confer additional functions on the Rail
Passengers' Council (established under section 19 of that Act)
so as to extend its remit to local services of a prescribed description
and prescribed domestic coach services to the extent that they
operate in England.
141. Orders made under this section would be
subject to the affirmative resolution procedure.
142. This power is being taken as alternative
to the powers in clause 64 to establish a Public Transport Users'
Committee. Many commentators have argued for a statutory body
to be established to represent the interests of bus passengers,
but there is much less consensus about how that might best be
achieved. The Secretary of State will consult on the establishment
of a body to represent the users of public transport. Rail passengers
have such a body in the form of the Rail Passengers' Council,
and one option might be to broaden the remit of that Council.
An alternative would be to establish a new Public Transport Users'
Committee, and perhaps to limit that body's remit to local buses
and domestic coach services.
143. The powers which would be taken in clauses
64 and 65 are necessary in order to preserve options for the Secretary
of State in developing proposals in the light of consultation,
which would then be subject to Parliamentary scrutiny under the
affirmative resolution procedure.
Clause 67: Power to establish a new ITA
Clauses 72, 77 and 78: Powers to amend constitutional
arrangements of existing ITAs, to change the boundaries of ITAs
and to dissolve ITAs
Clause 80: Power to make incidental etc. provision
144. Clause 67 gives the Secretary of State
power by order to establish a new Integrated Transport Authority
("ITA"). Exercise of the power is subject to the requirements
set out in subsections (2) to (12), including the following:
- a scheme has been prepared and
published by any two or more authorities under clause 68 or 69
(or a direction has been given for them to do so under clause
69 but a scheme has not been published),
- the Secretary of State, having had regard to
that scheme, considers that the establishment of the ITA is likely
to improve both the exercise of statutory transport functions
in the area of the proposed ITA and the effectiveness and efficiency
of transport within that area (subsection (2)),
- the area to be included within the ITA complies
with the requirements of subsections (4) to (6),
- the Secretary of State has consulted as described
in subsections (10) and (11),
- the Secretary of State has had regard to the
need to reflect the identities and interests of local communities
and to secure effective and convenient local government.
145. Clauses 72, 77 and 78 give power to the
Secretary of State:
- to change the constitutional arrangements
of an existing ITA,
- to change the boundaries of an ITA, and
- to dissolve an ITA.
146. Exercise of the powers in clauses 72, 77
and 78 is subject to the requirements set out in clause [79],
including the following:
- a scheme for statutory changes
in an area has been prepared and published by one or more local
authorities or ITAs, or a direction has been given for them to
do so but a scheme has not been published,
- the Secretary of State has had regard to any
such scheme,
- the Secretary of State considers that the making
of the Order is likely to improve the exercise of statutory transport
functions in the area to which the Order relates or is likely
to improve the effectiveness and efficiency of transport within
that area,
- the Secretary of State has consulted the persons
described in subsection (4), and
- the Secretary of State has had regard to the
need to reflect the identities and interests of local communities
and to secure effective and convenient local government.
147. In addition:
- the Secretary of State may make
an order providing for the dissolution of an ITA only where a
majority of the county councils, unitary councils and district
councils in the area of the ITA have given their consent (clause
79(6) and (7)),
- the Secretary of State may make an order changing
the boundary of an ITA only where each of the councils described
in clause 79(8) to (10) have given their consent.
148. The purpose of the powers in clauses 67,
72, 77 and 78 is to enable the arrangements made in each area
for the exercise of statutory transport functions to reflect the
needs of that area. The Government is committed to ensuring that
the structures in place in each area reflect what works best for
them, rather than a "one size fits all" approach imposed
from the centre. There also needs to be the necessary flexibility
to allow change to be introduced as and when it is needed for
each area. This may mean new arrangements being introduced in
different areas at different times, as the needs of different
areas evolve and develop.
149. Clause 80 gives the Secretary of State power
to make incidental etc provision for the purposes of orders under
clauses 67, 72, 77 and 78, including a power to amend, repeal
or revoke any enactment. The substance of clause 80 is based on
provisions in sections 19, 20, 22 and 26 of the Local Government
Act 1992 regarding structural and boundary changes to local government
areas. Clause 80(3)(a), which enables the creation or imposition
of new rights or liabilities in respect of anything transferred
by or under an order, is precedented in section 100(2) of the
Local Government Act 1985 and Schedule 3, paragraph 4 of the Regional
Development Agencies Act 1998.
150. Clause 81 provides that orders under any
of these clauses are statutory instruments and subject to affirmative
resolution in each House of Parliament. This is the same procedure
as is provided for in section 26(2) of the Local Government Act
1992 in relation to structural changes to local authorities.
Clause 73 Delegation of functions of the Secretary
of State to an ITA
Clause 74 Delegation of local authority functions
to an ITA
Clause 75 Conferral of a power to direct on an
ITA
151. Clause 73 enables the Secretary of State
by order to delegate to an ITA or its successor local authority
any function of a Secretary of State, other than a legislative
or fee-raising function, which is considered can be appropriately
exercised by that ITA or local authority. The intention is that
this power will be exercised on a case by case basis, according
to what is appropriate in any particular circumstance. For instance,
it might be the case that the Secretary of State will delegate
to an ITA his functions as highway authority or traffic authority
for a particular length of trunk road, where this provides a better
fit with the management of the local road network. It is expected
that the exercise of this power will depend on local circumstances,
and may need to alter as circumstances change.
152. Clause 74 enables the Secretary of State
by order to delegate to an ITA or its successor local authority
any function of a local authority which is exercisable in relation
to the ITA's area and which the Secretary of State considers can
appropriately be exercised by the ITA or eligible local transport
authority. Exercise of this power will enable an ITA to exercise
specified functions of a local authority, where the Secretary
of State considers that those functions can appropriately be exercised
by the ITA. The power is intended to be exercised on a case by
case basis according to what is appropriate in any particular
circumstances, and according to circumstances which may alter
over time.
153. Clause 75 enables the Secretary of State
by order to confer on an ITA, or the successor local authority
to an ITA, a power to give a direction to a local highway authority
or local traffic authority as to the exercise of their powers.
The Secretary of State's power will enable him to give to an ITA
or its successor local authority a power similar to that given
to Transport for London by section 301A of the Highways Act 1980
(inserted by section 266 of the GLA Act 1999). It is however wider
than that power in that clause 75(8)(e) could enable an ITA to
require a local highway authority or traffic authority to exercise
a power, provided that the ITA meets the authority's costs of
complying with the direction.
154. The power for an ITA or its successor local
authority to give a direction to a local highways authority might
be used to ensure that proposed road works are modified to minimise
disruption to public transport at peak congestion times, or to
ensure that a local traffic authority continues a bus lane or
cycle lane installed along a road by a neighbouring authority.
155. As set out in paragraph 149 above, clause
80 gives the Secretary of State power to make incidental etc provision
for the purposes of an order under clauses 73 74 and 75, including
a power to amend, repeal or revoke any enactment.
156. As set out in paragraph 150 above, clause
81 provides that orders under these clauses are statutory instruments
and subject to affirmative resolution in each House of Parliament.
Clause 69: Power to direct a review: new ITA
Clause 71: Power to direct a review of arrangements
Clause 82: Further provision about directions
157. Clause 69 gives the Secretary of State power
to direct two or more of the authorities mentioned in subsection
(2) to undertake a review of transport functions in their area
and to prepare and publish a scheme for the establishment of an
ITA by order under clause 67. Clause 71 gives the Secretary of
State power to direct one or more authorities mentioned in subsection
(2) to undertake a review of transport functions in their area
and to prepare and publish a scheme for the revision of any of
the matters for which an order under any of clauses 72 to 78 may
be made. Clause 82 provides that the directions must be in writing,
and may make different provision for different cases.
158. The power of the Secretary of State to give
directions is exercisable only where he considers that the review
and any scheme are likely to improve the exercise of statutory
functions relating to transport and/or the effectiveness and efficiency
of transport. Any orders made by the Secretary of State under
Chapter 2 of Part 5 of the Bill will only be made after he has
taken into account facts established, and opinions formed, by
local authorities in the area concerned, either in a voluntary
review conducted under clause 68 or 70 or in a directed review
conducted under clause 69 or 71.
159. No Parliamentary procedure is provided for
the power of direction.
Clause 85 Repeal of power to reorganise functions
of an ITA
160. Section 42 of the Local Government Act 1985
enables the Secretary of State, by order subject to affirmative
resolution in both Houses of Parliament, to exclude a metropolitan
district from a passenger transport area, to abolish a passenger
transport area or to exclude a metropolitan district council from
an ITA's constituent councils as respects functions of the ITAs
other than those transferred to it from a metropolitan county
council. This power is rendered otiose by the powers conferred
on the Secretary of State by Chapter 2 of Part 5 of the Bill.
It is therefore repealed.
Clauses 86 to 89: Power of ITAs to promote well-being
161. Clause 86 gives to Integrated Transport
Authorities a power to do anything which they consider is likely
to achieve any one or more of the objects of promoting or improving
the economic well-being of their area, promoting or improving
the social well-being of there area, and promoting or improving
the environmental well-being of their area. A power in the same
terms was given to local authorities in England and Wales by section
2 of the Local Government Act 2000.
162. Clause 87(3) enables the Secretary of State,
by order subject to affirmative resolution in each House of Parliament,
to prevent ITAs from doing under clause 86 anything which is specified,
or is of a description specified, in the order. Clause 87(5) imposes
a requirement on the Secretary of State to consult certain persons
as he considers appropriate before making the order. These provisions
reproduce for ITAs the provision in section 3 of the Local Government
Act 2000.
163. Clause 88 contains a power which enables
the Secretary of State, by order subject to affirmative resolution
in each House of Parliament, to amend, repeal, revoke or disapply
an enactment which he thinks prevents or obstructs ITAs from exercising
their power under clause 68. Clause 88 reproduces in relation
to ITAs the provision made in relation to local authorities by
section 5 of the Local Government Act 2000.
164. Clause 89(1) and (2) requires the Secretary
of State to consult certain persons as he considers appropriate
before making an order under clause 88 and to lay before each
House of Parliament a document which explains the proposals, sets
them out in the form of a draft order, and gives details of the
consultation he has undertaken. Clause 88(3) requires this document
to be laid before Parliament at least 60 days before a draft Order
under clause 88 is laid before Parliament. Clause 89 reproduces
for ITAs the provision made by sections 4 and 5 of the Local Government
Act 2000.
Clauses 90, 93, 95 and 96: Power of ITAs to make
local charging schemes
165. Clauses 90, 93 and 95 enable Integrated
Transport Authorities (ITAs) to make local road charging schemes
jointly with one or more local charging authorities or London
charging authorities. There is no proposal for ITAs to make a
charging scheme independently of the local traffic authority for
the roads which are to be subject to the scheme. Under section
108 of the TA 2000 as proposed to be amended by clause 7 of and
Schedule 1 to the Bill, an ITA will be a local transport authority
with the statutory function of developing policies for the promotion
and encouragement of safe, integrated, efficient and economic
transport in its area. It will therefore be appropriate for it
to have the option, where it considers it appropriate, of joining
with local authorities in its area to implement those policies
through road charging schemes. Clause 96 introduces Schedule 5,
which makes consequential changes to the TA 2000 to take account
of these new powers of ITAs to make a charging scheme.
Clauses 91, 92 and 94: Powers of local authorities
to make charging schemes
166. Clauses 91, 92 and 94 alter the purpose
for which local charging authorities can exercise their existing
powers to make charging schemes or joint charging schemes. They
provide that such schemes may only be made if they appear desirable
for the purpose of directly or indirectly facilitating the achievement
of the local transport policies developed in accordance with sections
108 and 113 of the TA 2000 as proposed to be amended by Part 2
of the Bill. The provisions are therefore consequential to the
changes proposed by clauses 7 to 11. (The powers in clauses 90,
93, 95 and 96 for ITAs to make charging schemes contain equivalent
provision as to the purposes for which schemes may be made.)
Clause 97: abolition of requirement for confirmation
of English schemes
167. Clause 97 removes in England the requirement
for a road charging scheme made by a local charging authority
under the TA 2000 to be confirmed by the Secretary of State.
168. Responsibility for deciding on a local charging
scheme in England as a whole (rather than just in London, as at
present) will therefore lie with local authorities rather than
with the Secretary of State. This ensures that local authorities
who wish to develop local charging schemes are free to do so in
a way that is best suited to local needs, within a framework of
local accountability. The Secretary of State is retaining powers
under section 193 of the TA 2000 to issue guidance to local charging
authorities with respect to their functions in relation to charging
schemes. The Secretary of State (in Wales, the Welsh Ministers)
is taking new powers in clause 104 to require local charging authorities
to supply him with information about schemes.
Clause 98: abolition of power to require consultation
or inquiries for English schemes
169. Clause 98 removes in England the power
in section 170 of the TA 2000 for the Secretary of State to require
a local charging authority to consult other persons about a proposed
charging scheme. The purpose of this power as originally formulated
was to enable the Secretary of State to ensure that appropriate
consultation had been carried out by a charging authority on a
particular scheme before he decided whether or not to confirm
that scheme under section 169 of the TA 2000. The removal by clause
97 of the Secretary of State's confirmation role therefore makes
this power otiose. Charging authorities, when deciding whether
or not to make a charging scheme, will be subject to the usual
procedural requirements for decision-making in the Local Government
Acts.
Clause 99: Charges
170. Clause 99 provides that, when making a
charging scheme, a charging authority can include in that scheme
provision which imposes a different level of charge according
to the method or means of recording, administering, collecting
or paying the charge. This will enable charging authorities to
alter charges according to the costs of administering the means
used for payment: for instance it is expected that a scheme could
provide for electronically generated payments to be made at a
discount.
Clause 100: Supplementary provision as to contents
of a charging scheme
171. Clause 100(1) and (2) inserts a new section
172(2A) into the TA 2000. This will enable the Secretary of State
(in Wales, the Welsh Ministers) to make regulations requiring
charging authorities to accept payment from specific types of
road user in a specific manner. For example, a road user might
wish to be able to register with one scheme, install a particular
form of technology, and make an administrative arrangement with
a single body for payment to be made to other local charging schemes.
The Secretary of State's power to make regulations could be used
to ensure that a local charging authority makes the necessary
arrangements ("interoperability") for this to be possible.
172. Section 197 of the TA 2000 provides that
the exercise of this power is subject to annulment in pursuance
of a resolution of either House of Parliament (negative resolution
procedure).
173. Clause 100(3) provides that a road outside
Greater London shall not be subject to charges imposed by more
than one scheme at the same time. Clause 100(3), (5) and (6) provide
that a road within Greater London may be subject to charges imposed
by more than one scheme if the Greater London Authority consents:
(in London, Transport for London and the London boroughs each
have power to make separate schemes for the same roads, whereas
outside Greater London powers of two authorities in the same area
can only be exercised jointly, rather than singly).
174. Clause 100(7) makes provision in relation
to the manner of payment of charges under a charging scheme under
the Greater London Authority Act 1999 which is equivalent to that
made for schemes under the TA 2000 by clause 100(1) and (2). Section
420(6) of the Greater London Authority Act 1999 makes the exercise
of this power subject to annulment in pursuance of a resolution
of either House of Parliament.
Clause 101: Suspension of charging schemes
175. Clause 101 inserts a new section 172A into
the TA 2000. The new section enables a charging authority to temporarily
suspend a scheme either in the event of an emergency or to enable
or facilitate a temporary event to take place. This enables a
charging authority to make appropriate provision where there is
an event of a temporary nature which could be affected by the
provisions of a scheme, or where there is an emergency and the
response to that emergency could be affected by the provisions
of a scheme. Subsection (4) requires the charging authority to
publish notice of any suspension, and subsection (5) requires
it to keep the suspension under review. Where alterations to a
scheme are needed over a period longer than that provided for
in this clause, it is expected that the charging authority will
use its powers under section 168(2) of the TA 2000 to vary or
revoke a scheme.
Clause 102: interference with equipment used for
charging schemes
176. Clause 102(1) amends section 173 of the
TA 2000 so as to make it a criminal offence not only to interfere
with equipment used in connection with a charging scheme but to
interfere with the functioning of such equipment. The new provision
is intended to ensure that interference with an electronic signal
from charging equipment is as much as an offence as interfering
with the equipment itself.
177. Clause 102(2) amends section 174 of the
TA 2000, so as to enable the Secretary of State (in Wales, the
Welsh Ministers) to make regulations enabling or requiring charging
schemes under the TA 2000 to contain provision enabling a motor
vehicle to be examined for the purpose of ascertaining whether
the functioning of any equipment has been interfered with with
intent to avoid payment of a charge.
178. This regulation-making power is made subject
to annulment in pursuance of a resolution of either House of Parliament
by section 197 of the TA 2000.
179. Clause 102(3) to (5) makes equivalent provision
as respects the Greater London Authority Act 1999 to that made
in clause 102(1) and (2) for the TA 2000, with the power to make
regulations being subject to annulment in pursuance of a resolution
of either House of Parliament by section 420(6) of that Act.
Clause 103: Use of equipment for charging schemes
180. Clause 103(2) amends section 176 of the
TA 2000 so as to give the Secretary of State (in Wales the Welsh
Ministers) power to to regulate the manner in which equipment
is used in connection with a charging scheme. Regulations made
using this power would be able to ensure that different schemes
use standard data formats so that equipment is interoperable with
that of other schemes, and that equipment identification numbers
are not duplicated between different schemes.
181. Section 197 of the TA 2000 makes this regulation-making
power subject to annulment in pursuance of a resolution of either
House of Parliament.
182. Clause 103(4) to (8) amends paragraph 29
of Schedule 23 to the Greater London Authority Act 1999, which
provides for approval by the Greater London Authority of equipment
used in relation to a London charging scheme. The amendments to
paragraph 29 enable the Secretary of State to give notice to the
Authority that the use of equipment in connection with a London
charging scheme is incompatible with regulations made under section
176 as amended. The effect of such a notice is that equipment
subject to such a notice may only be used in connection with a
charging scheme with the consent of the Secretary of State.
Clause 107: London charging schemes: 10 year plan
for share
183. Clause 107 amends paragraphs 19 to 24 of
Schedule 23 to the Greater London Authority Act 1999, which make
provision requiring a charging authority to include in a scheme
a general 10 plan for applying the net proceeds from a scheme,
and to prepare 4 year programmes for applying those proceeds.
Clause 107 removes the requirements for the 10 year plan and 4
year programmes to be approved by the Secretary of State.
Clause 108: Financial proceeds of schemes
184. Clause 108 introduces Schedule 6. Part 1
of Schedule 6 makes amendments to the financial provisions relating
to road user charging and workplace parking levy schemes in Schedule
12 to the TA 2000. The amendments provide that all the net proceeds
of any local charging scheme must be applied by the charging authority
for the purpose of directly or indirectly facilitating the achievement
of the authority's local transport policies. The Secretary of
State's and Welsh Ministers' existing powers to make regulations
as the use to be made of the net proceeds of certain schemes in
certain circumstances are repealed. Paragraphs 9 to 11 in Part
2 of Schedule 6 make equivalent amendments to Schedule 23 to the
GLA Act 1999.
185. Paragraph 12 of Schedule 6 provides that,
where a charging scheme in London applies to a trunk road (which
it may do so subject to the consent of the Secretary of State
given under paragraph 9(7) of Schedule 23), a proportion of the
net proceeds of the scheme may be paid to the Secretary of State
to be available to him for the purposes of directly or indirectly
facilitating the achievement of any policies or proposals relating
to transport.
Clause 109: Trunk road charging in Wales
186. Clause 109 amends Schedule 5 to the Government
of Wales Act 2006 so as to insert a new matter in respect of the
imposing of charges for using or keeping motor vehicles on trunk
roads in Wales. The purpose of this clause is to enable the National
Assembly for Wales to make provision for charging on trunk roads
in Wales without being subject to the restrictions set out in
section 167(2) of the TA 2000. Section 167(2) provides that a
trunk road charging scheme may only be made in respect of bridges
or tunnels over a certain length, or in connection with a charging
scheme made by a local traffic authority.
Clause 111: Vehicles used without operator's licence:
power to return detained vehicles
187. Clause 111 amends the regulation making
power in paragraph 8 of Schedule 1A to the Goods Vehicles (Licensing
of Operators) Act 1995. The effect is to clarify that regulations
may prescribe circumstances in which a detained vehicle may be
returned to the owner without an application being made to the
traffic commissioner. The change is made to reflect the wording
in new Schedule 2A to the PPVA 1981 (see note on clause 41 above).
Department for Transport
November 2007
Summary of the Delegated Powers in the Local Transport
Bill [HL]
| Clause | Delegated power
| Conferred on | Exercisable by
| Parl'y procedure | Para ref
|
| 1 | An existing delegated power (to vary the number and geographical limits of traffic areas) is extended to include power to make incidental, consequential etc. amendments in order to give full effect to any such variation. This includes a power to amend or modify any enactment, whenever passed or made.
| Secretary of State |
Order | Affirmative
| 8-13 |
| 2 | Existing power for the Secretary of State to appoint one traffic commissioner per traffic area amended to allow appointment of such number of commissioners for England and Wales as he considers appropriate (and one commissioner for Scotland)
| Secretary of State |
Appointment of traffic commissioners
| None | 14-16
|
| 3 | Power to appoint a senior traffic commissioner (STC), and if necessary a deputy or interim STC.
| Secretary of State |
Appointment of senior traffic commissioner
| None | 17-18
|
| 3 | Powers for the STC to require traffic commissioners to act in such matters, and in such places, as he may require
| Senior traffic commissioner
| Deployment of traffic commissioners
| None | 19
|
| 3 | Power for the STC to give general directions and guidance to traffic commissioners.
| Senior traffic commissioner
| Directions and guidance to traffic commissioners
| None | 20-22
|
| 3 | An existing power for the Secretary of State to issue directions to the traffic commissioners is replaced with a power for him to issue guidance to the senior traffic commissioner
| Secretary of State |
Guidance to the senior traffic commissioner
| None | 23-24
|
| 4 | Amendment of power for the Secretary of State to appoint deputy traffic commissioners in England and Wales
| Secretary of State |
Appointment of deputy traffic commissioners in England and Wales
| None | 25-26
|
| 6 | New power to make provisions to give full effect to the amendments contained in clauses 1 to 5 including a power to amend or modify any enactment.
| Secretary of State |
Order | Affirmative
| 27-30 |
| 17 | Existing power to make regulations about quality partnership schemes extended to make provision about requirements relating to frequencies, timings or maximum fares
| Secretary of State (England), Welsh Ministers (Wales)
| Regulations | Negative
| 35-37 |
| 20 | Existing role of Secretary of State in approving quality contracts schemes in England is transferred to an independent Approvals Board chaired by a traffic commissioner
| Approvals Board | Decision of the Board
| None | 44
|
| 21 | New power to make provisions about the procedure and deadline for the approvals process for quality contracts schemes in England
| Secretary of State |
Regulations | Negative
| 45-49 |
| 22 | New power to make provisions about the practice of the approvals boards for England
| Secretary of State |
Rules | Negative
| 50-54 |
| 22 | New power to make provisions as to the time within which any approvals board should normally reach decisions
| Secretary of State |
Regulations | Negative
| 50-54 |
| 23 | New power to make provisions in respect of the holding of inquiries by Approvals Boards in England
| Secretary of State |
Regulations | Negative
| 55-60 |
| 25 | Existing power to vary the period between making and coming into operation of a quality contracts scheme extended to allow certain other periods to be varied
| Secretary of State (England), Welsh Ministers (Wales)
| Order | Negative
| 61-65 |
| 27 | Repeal of existing power to prescribe a maximum period between making of a quality contracts scheme and the issuing of invitations to tender
| N/A | N/A
| N/A | 66-68
|
| 30 | New power to make prescribe circumstances in which the continuation of a quality contracts scheme is to be exempt from the approvals process
| Secretary of State (England), Welsh Ministers (Wales)
| Regulations | Negative
| 70-73 |
| 35 | Addition of one additional item to the list of matters which regulations about quality contracts schemes may, in particular, cover
| Secretary of State (England), Welsh Ministers (Wales)
| Regulations | Negative
| 74-76 |
| 36 | Extension of existing power to make transitional provision about quality contracts schemes
| Secretary of State (England), Welsh Ministers (Wales) [?]
| Regulations | Negative
| 77-81 |
| 37 | New power to issue guidance concerning performance by local authorities of their functions in relation to quality contracts schemes
| Secretary of State (England), Welsh Ministers (Wales)
| Guidance | None
| 82-83 |
| 39 | Extension of existing power to make traffic regulation orders in respect of certain roads where necessary in order to provide facilities pursuant to a quality contract or quality contracts scheme
| Traffic authority (as defined in section 121A of the Road Traffic Regulations Act 1984)
| Making of traffic regulation orders
| None | 84-
|
| 41 and Schedule 3 | New power to make regulations to implement a regime for the detention of certain PSVs used without PSV operators' licences
| Secretary of State |
Regulations | Negative
| 87 - 91 |
| 42 | Determination of applications for registration where restrictions imposed by a quality partnership scheme are in force
| Traffic Commissioners |
Determination of applications for registration
| None | 92-95
|
| 42 | New power to make regulations about procedural details relating to traffic commissioner determinations
| Secretary of State (England), Welsh Ministers (Wales)
| Regulations | Negative
| 96-97 |
| 43 | Determination of applications for registration in area where a quality contracts scheme is in force
| Traffic Commissioners |
Determination of applications for registration
| None | 98-100
|
| 44 | Existing power for traffic commissioners to apply traffic regulation conditions extended to cover anticipated problems
| Traffic commissioner |
Making of traffic regulation conditions
| None | 101 - 102
|
| 45 | Appellate role for appeals against traffic regulation conditions transferred from Secretary of State to Transport Tribunal
| N/A | N/A
| N/A | 103-105
|
| 46 | Extension of existing power to prescribe provisions in the hire car code which should apply when a private hire vehicle is being used to provide local bus services
| Secretary of State |
Regulations | Negative
| 108 and 112 |
| 47 | New power to provide that section 12 of the Transport Act 1985 is to apply to vehicles licensed under section 7 of the Private Hire Vehicles (London) Act 1998
| Transport for London |
Order | None
| 110- and 113-114 |
| 47 | New power to modify the taxi code and hire car code as they apply in London
| Transport for London |
Order | None
| 111 and 113-114 |
| 48 | New power to require "designated bodies" to keep records with regard to community transport permits granted, varied or revoked by that body
| Secretary of State |
Order | Negative
| 116 |
| 51 | New power to limit the validity of new permits issued under sections 19 and 22 of the Transport Act 1985, and to specify a date after which all non-time-limited permits would be revoked
| Secretary of State |
Regulations | Negative
| 117-1189 |
| 54 | New power to direct a local authority to provide information connected with the performance of its network management duty under sections 16 or 17 of the Traffic Management Act 2004, and to require the local authority to attend certain inquiries
| Traffic commissioners |
Directions to local authorities
| None | 121-125
|
| 55 | Provides for a broader range of sanctions that may be imposed in respect of certain failures by bus operators
| Traffic commissioners
| Making orders in respect of sanctions
| None | 126-128
|
| 56 | Existing power extended to allow imposition of restrictions on the use that may be made of certain records and information, and to create related criminal offences
| Secretary of State |
Regulations | Negative
| 129-132 |
| 57 | Revival of powers for PTEs in certain circumstances to hire PSVs to operators
| Passenger Transport Executives
| N/A | None
| 133-134 |
| 64 | New power to establish a Public Transport Users' Committee for England, and to change, remove or confer new functions on the Committee or transfer functions of the Committee to another person
| Secretary of State |
Order | Affirmative
| 135-136, 138-139 |
| 64 | New power to consider and make recommendations to the Secretary of State about matters relating to public passenger transport services in England
| Public Transport Users' Committee (if established by Order)
| Recommendations to Secretary of State
| None | 137
|
| 65 | New power to confer additional functions on the Rail Passenger Council so as to extend its remit to prescribed local services and domestic coach services in England
| Secretary of State |
Order | Affirmative
| 140-143 |
| 67 | New power to establish a new Integrated Transport Authority (ITA)
| Secretary of State |
Order | Affirmative
| 144 |
| 72, 77 and 78 | New power to change the constitutional arrangements and boundaries of an existing ITA, or to dissolve an ITA
| Secretary of State |
Order | Affirmative
| 145-148 |
| 80 | New power to make incidental etc. provision for the purposes of orders under clause 67, 72, 77 and 78, including a power to amend etc. any enactment
| Secretary of State |
Order | Affirmative
| 149 |
| 73, 74 and 75 | New power to delegate functions of the Secretary of State, or local authority functions, to an ITA; and to confer on an ITA a power to give a direction to a local highway authority or local traffic authority as to the exercise of their powers. This includes a power to make incidental etc. provision, including a power to amend etc. any enactment
| Secretary of State |
Order | Affirmative
| 151-156 |
| 69, 71 and 82 | New powers for Secretary of State to direct authorities to undertake reviews
| Secretary of State |
Directions | None
| 157-158 |
| 85 | Repeal of existing power to reorganise functions of an ITA
| N/A | N/A
| N/A | 160
|
| 87 | New power for the Secretary of State to prevent ITAs from doing under clause 86 anything specified, or of anything of a specified description under their power under clause 86 (power to promote well-being)
| Secretary of State |
Order | Affirmative
| 162 |
| 88, 89 | New power for the Secretary of State to amend etc an enactment which he things prevents or obstructs ITAs from exercising their power under clause 86 (power to promote well-being)
| Secretary of State |
Order | Affirmative
| 163-164 |
| 90, 93, 95 and 96 | New power for ITAs to make local road charging schemes jointly with one or more local charging authorities or London charging authorities
| Integrated Transport Authorities
| N/A | N/A
| 165 |
| 91, 92 and 94 | Revision to the purposes for which local charging authorities can exercise existing powers to make charging schemes or joint charging schemes
| Local transport authorities
| N/A | N/A
| 166 |
| 97 | Repeal of existing requirement, in England, for a road charging scheme made by a local charging authority under the TA 2000 to be confirmed by the Secretary of State
| N/A | N/A
| N/A | 167-168
|
| 98 | Repeal of existing power to require a local charging authority to consult other persons about a proposed charging scheme
| N/A | N/A
| N/A | 169
|
| 99 | Amendment to existing power to clarify that a charging scheme may impose a different level of charge according to the method or means of recording, administering, collecting or paying the charge
| Charging authorities under Part 3 of the TA 2000
| N/A | N/A
| 170 |
| 100 | New power to require charging authorities to accept payment from specific types of road user in a specific manner
| Secretary of State (England), Welsh Ministers (Wales)
| Regulations | Negative
| 171-174 |
| 101 | Power to temporarily suspend charging schemes
| Charging authorities under Part 3 of the TA 2000
| N/A | N/A
| 176 |
| 102 | Amendment to existing power so as to enable a motor vehicle to be examined for the purpose of ascertaining whether the functioning of any equipment has been interfered with, with intend to avoid payment of a charge
| Secretary of State (England), Welsh Ministers (Wales)
| Regulations | Negative
| 177-179 |
| 103 | Amendment to existing power so as to enable the regulation of the manner in which equipment used in connection with a charging scheme is used
| Secretary of State (England), Welsh Ministers (Wales)
| Regulations | Negative
| 180-182 |
| 188. 107 | 189. Repeal of power to approve plans and programmes for use of proceeds of scheme in London
| 190. N/A | 191. N/A
| 192. N/A | 193. 183
|
| 108 | Repeal of existing power to make provisions as to the use of net proceeds from certain charging schemes in certain circumstances, and provision of new power for proceeds of charging a trunk road in London to be paid to the Secretary of State
| N/A | N/A
| N/A | 184 and 185
|
| 109 | Power for National Assembly for Wales to make trunk road charging schemes without being subject to the restrictions in section 167(2) of the TA 2000
| The National Assembly for Wales
| Measure | N/A
| 186 |
| 111 | Minor amendments of existing regulation making power to enable circumstances to be clarified when detained vehicles may be returned
| The Secretary of State
| Regulations | Negative
| 187 |
| 
