APPENDIX 6: LOCAL TRANSPORT BILL [HL]:
GOVERNMENT AMENDMENT
Supplementary memorandum by the Department for
Transport
Introduction
1. This memorandum supplements the Memorandum
submitted to the Delegated Powers and Regulatory Reform Committee
on 8th November 2007 which described 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).
This memorandum describes a new provision in an amendment to the
Local Transport Bill [HL] which the Government intends to move
in Grand Committee.
Provision for Delegated Legislation
After clause 45: fees for registration of services
2. Section 6 of the Transport Act 1985 ("TA
1985") (registration of local bus services) provides that
no "local service" (as defined in section 2 of that
Act) can be provided unless particulars of that service have been
registered with the appropriate traffic commissioner, and the
prescribed notice period has elapsed. Such registrations may subsequently
be varied or cancelled by the bus operator.
3. Section 126(1) of the TA 1985 (application
of sections 52 and 56 of the 1981 Act) provides for the power
under section 52(1) of the Public Passenger Vehicles Act 1981
("PPVA 1981") (fees for grant of licences, etc), whereby
the Secretary of State may prescribe fees chargeable by traffic
commissioners, to be extended so as to apply in respect of fees
for certain matters contained in the TA 1985. Those matters include,
at paragraph (a), fees in respect of applications for the registration
of local services under section 6 of the TA 1985, and for the
variation of registrations. Such fees were prescribed in the Public
Service Vehicles (Registration of Local Services) Regulations
1986[30].
4. The purpose of the amendment to be moved in
Grand Committee is to extend the range of fees which may be charged
in respect of the registration of local services. The amendment
would enable fees to be prescribed for the cancellation of a registration,
and also for the continuation in force of registrations. That
would enable a fee to be prescribed which would be payable on
a regular basis whilst the registration continued in force.
5. There is a precedent for a periodic charge
in section 52(1)(a)(ib) of the PPVA 1981 which permits a fee to
be charged for "the continuation in force of PSV operators'
licences". This fee is payable either every five years, or
in five annual instalments.
6. One of the purposes of the Bill is to strengthen
the powers of traffic commissioners with particular reference
to improving punctuality of registered local bus services. Ensuring
these new powers can be exercised effectively is likely to require
additional resource. The Department's policy is to ensure a more
broadly based fee structure which will ensure equity across the
different classes of operator and types of route. This amendment
would achieve that objective.
7. Any new fees introduced by virtue of this
new provision would be prescribed in regulations made under section
52 of the PPVA 1981. Sections 60 (general power to make regulations
for purposes of Act) and 61 (exercise of regulation making powers
and parliamentary control thereof) would also therefore apply.
This means that regulations introducing the proposed new fees
would, consistent with the prescription of existing fees for the
registration of local services, be subject to the negative resolution
procedure.
8. The Committee's attention is also brought
to the Department of Transport (Fees) Order 1988 (SI 1988/643)
made under section 102 of the Finance (No 2) Act 1987. This Order
specifies functions whose costs are to be taken into account in
determining the amount of any fee. The relevant entry in respect
of fees for the registration of local services is in Table 5 number
3B. Any necessary amendments to this Order would, by virtue of
section 102(5) of the Finance (No 2) Act 1988, require an affirmative
resolution of the House of Commons.
November 2007
30 S.I. 1986/1671, as amended by SI 1988/1879, SI 1989/1064,
SI 1994/3271, SI 2002/182, SI 2004/10, SI 2004/2250 and revoked
in relation to Scotland only by SSI 2001/219. Back
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