Local Transport Bill [Lords]

With this it will be convenient to discuss the following: amendments (a) to (j) to Government new clause 9. Government new clause 13— Advice by boards or their Commissioners. Government new clause 14— Consideration of proposed schemes by boards. Amendments (a) to (c) thereto. Government new clause 15— Appeals against the making of schemes for areas in England. Amendments (a) to (d) thereto. Government new clause 16— Exempt continuation proposals. Government new clause 17— Continuation of schemes for areas in England: procedure. Government new clause 18— Continuation of schemes for areas in Wales: procedure. Government new clause 19— Exemption from s.132 for specific variations directed by Transport Tribunal. New clause 6— Approval of proposed scheme— ‘In the TA 2000, for section 126 (approval of proposed scheme) substitute— ““125A Consideration of proposed scheme (1) If, having complied with section 125, the authority or authorities wish to proceed with the proposed scheme, they must apply to the appropriate consulting authority for its consideration. (2) In this Part ““the appropriate consulting authority”” means— (a) where the area to which the scheme relates is in England, an approvals board for England; and (b) where the area to which the scheme relates is in Wales, the Welsh Ministers. (3) The application must include— (a) the authority’s or the authorities’ reasons for wishing to make the scheme; and (b) such other information as the appropriate consulting authority may reasonably require. (4) The appropriate consulting authority shall give its opinion on the proposed scheme within 28 days of the latter of— (a) the application for its opinion; and (b) the receipt of any further information requested under subsection (3)(b). (5) The appropriate consulting authority may recommend modifications to the proposed scheme. (6) Following receipt of the appropriate consulting authority’s opinion, the authority or authorities must take that opinion into account and may then proceed to— (a) make the proposed scheme; (b) discontinue the proposed scheme; or (c) make the proposed scheme with modifications. (7) If the authority or authorities propose to make the scheme with modifications, they must first consult such of the persons they consulted under section 125(3) as would in their opinion be affected by those modifications.””’. New clause 7— Approval of proposed scheme (No. 2)— ‘(1) Section 126 of the TA 2000 (approval of proposed scheme) is omitted. (2) After section 125 of the TA 2000 (notice and consultation requirements) insert— ““126 Consideration of proposed scheme (1) In this Part ““the appropriate consultation authority”” means— (a) where the area to which the scheme relates is in England, a consultation board for England; and (b) where the area to which the scheme relates is in Wales, the Welsh Ministers. (2) Where the area to which the scheme relates is in England— (a) upon receipt of a notice under section 125(1)(a), the senior traffic commissioner shall within 7 days of receipt of the notice appoint a consultation board to give its response on the proposed scheme; and (b) once appointed under paragraph (a), the consultation board shall begin its consideration. (3) Where the area to which the scheme relates is in Wales, the Welsh Ministers shall begin their consideration upon receipt of a notice under section 125(1)(a). (4) The appropriate consultation authority shall consider whether the proposed scheme as a whole satisfies the criteria set out in section 124(1). (5) In carrying out its consideration, the appropriate consultation authority shall consider— (a) the consultation document produced by the authority or authorities in accordance with section 125, (b) any information received by the appropriate consultation from the persons listed at section 125(3), (c) any other information that the appropriate consultation authority may reasonably request from the authority or authorities proposing the scheme, and (d) any other information that the appropriate consulting authority obtains from any other source which the consulting authority deems to be relevant. (6) If the appropriate consultation authority believes that any of the criteria set out in section 124(1) are not satisfied, it shall give reasons for that belief in its response and may suggest ways in which the scheme could be modified so as to ensure that the criteria are satisfied. (7) In giving its response, the appropriate consultation authority may recommend modifications to the proposed scheme. (8) Following receipt of the appropriate consultation authority’s response, the authority or authorities proposing the scheme shall forward the response to the persons listed at section 125(3). (9) The authority or authorities proposing the scheme must take that response into account and may then proceed to— (a) make the proposed scheme; (b) discontinue the proposed scheme; or (c) make the proposed scheme with modifications. (10) If the authority proposes or the authorities propose to make the scheme with modifications, it or they must first consult such of the persons it or they consulted under section 125(3) as would in its or their opinion be affected by those modifications.””’. New clause 8— Review of validity of schemes— ‘(1) After section 126B of the TA 2000 insert— ““126C Review of validity of schemes: areas in England (1) This section applies where the area to which the proposed scheme relates is in England. (2) If any person who was consulted by the authority or authorities in accordance with section 125(3) or the consultation board desires to question the validity of a quality contracts scheme, or of any provision contained in it, on the ground— (a) that it is not within the powers of this Act; or (b) that any of the relevant requirements have not been complied with in relation to that scheme, that person or the board may, within the period of 42 days beginning with the day on which the notice is required by section 127(8) is published, make an application for the purpose to the Transport Tribunal. (3) On any such application, the Transport Tribunal— (a) may suspend the operation of the quality contracts scheme, or of any provision contained in it, either generally or in part, until the final determination of the proceedings, and (b) if satisfied that the quality contracts scheme or any provision contained in it is not within the powers of this Act, or that the interests of the applicants have been substantially prejudiced by a failure to comply with any requirement imposed by or under this Act, may quash the scheme or any provision contained in it, either generally or in part. (4) Subject to subsections (2) and (3) and without prejudice to any right of appeal from the Transport Tribunal, a quality contracts scheme shall not, either before or after it has been made, be questioned in any legal proceedings whatever. (5) Notwithstanding the provisions of paragraph 8 of Schedule 4 to the TA 1985, the jurisdiction of the Transport Tribunal in relation to this section shall be limited to the consideration of the matters set out in subsection (2).’. Amendment No. 5, in clause 19, page 18, line 15, after ‘relates’, insert ‘which are greater than those that would pertain under existing arrangements,’. Amendment No. 6, page 18, line 22, leave out paragraph (e) and insert— ‘(e) there are shown to be no adverse effects of the proposed scheme on operators or on persons living or working in the area to which the proposed scheme relates’. Government amendment No. 163 Amendment No. 30, page 18, line 27, leave out subsection (3) and insert— ‘(3) Leave out subsection (2)(b) and insert— ““(2) (b) have consulted the appropriate consulting authority in accordance with section 125A””’. Amendment No. 65, page 18, line 27, leave out subsection (3) and insert— ‘(3) In subsection (2) omit paragraph (b) and the word ““and”” before it.’. Government amendment No. 121. Amendment No. 66, page 18, line 39, at end insert— ‘(6) After subsection 13 insert— ““(14) For the purposes of determining whether or not the criteria set out in subsection (1) would be satisfied by any proposed scheme, an authority or authorities may cause to be held such inquiries and in such manner as it or they think fit.””’. Amendment No. 67, in clause 20, page 18, line 43, leave out from beginning to end of line 2 on page 19 and insert— ‘(2) For subsection (1) substitute— ““(1) Prior to making a quality contracts scheme the authority or authorities must—””’. Amendment No. 68, page 19, line 2, at end insert— ‘( ) Give notice of the proposal to make the scheme— (a) if the area to which the proposed scheme relates is in England, to the senior traffic commissioner; or (b) if the area to which the proposed scheme relates is in Wales, to the Welsh Ministers,’. Amendment No. 7, page 19, line 3, leave out ‘in such a manner as they think fit’. Amendment No. 8, page 19, line 6, after ‘subsection (3)’, insert— ‘(c) supply a copy of that document to— (i) the chief fire officer for each fire area covering the whole or part of that area; (ii) the head of the local ambulance service for each area covering the whole or part of that area; (iii) all persons living within 150 metres of any part of the route as specified in the proposed scheme; (iv) representatives of local groups representing disabled people’. Government amendments Nos. 164 to 166. Amendment No. 69, page 19, line 30, at end insert— ‘(f) a statement that all consultees may copy any comments they wish to make to the appropriate consultation authority, setting out details of the appropriate consultation authority.’. Government amendments Nos. 167 to 169. Amendment No. 70, page 20, line 1, leave out clause 21. Government amendments Nos. 170 to 177. Amendment No. 71, in clause 22, page 20, line 21 , leave out ‘approvals’ and insert ‘consultation’. Government amendment No. 178 Amendment No. 72, page 20, line 22, leave out ‘an approvals’ and insert ‘a consultation’. Government amendments Nos. 179 and 180. Amendment No. 9, page 21, line 7, leave out subsection (8). Government amendments Nos. 181 to 186. Amendment No. 73, in clause 23, page 21, line 16, leave out ‘approvals’ and insert ‘consultation’. Government amendments Nos. 187 to 189. Amendment No. 74, page 21, line 19, leave out ‘approvals’ and insert ‘consultation’. Government amendments Nos. 190 and 191. Amendment No. 75, page 21, leave out line 24. Amendment No. 31, page 21, line 24, leave out ‘approval’ and insert ‘consideration’. Amendment No. 76, page 21, line 25, leave out from beginning to ‘to’ in line 26 and insert ‘provision for a confirmation that the consultation board is considering a proposed scheme’. Amendment No. 77, page 21, line 29, leave out ‘an application for approval has been received’ and insert ‘the consultation board is considering a proposed scheme’. Amendment No. 32, page 21, line 29, leave out ‘approval’ and insert ‘consideration’. Amendment No. 78, page 21, line 32, leave out ‘application’ and insert ‘proposed scheme’. Amendment No. 23, page 21, line 32, at end insert— ‘(e) provision that the role of the Approvals Board will be restricted to verifying that the authority seeking approval has followed the proper procedures for making a Quality Contract Scheme.’. Amendment No. 79, page 21, line 34, leave out from ‘that’ to end of line 35 and insert ‘any consultation board for England should normally give its response on any proposed scheme.’. Government amendments Nos. 192 and 193. Amendment No. 33, page 21, line 35, leave out ‘approval’ and insert ‘consideration’. Government amendment No. 194. Amendment No. 80, page 21, line 36, leave out ‘an approvals’ and insert ‘a consultation’. Government amendment No. 195. Amendment No. 34, page 21, line 37 , leave out ‘reach its decision’ and insert ‘publish its recommendations’. Amendment No. 81, page 21, line 37, leave out ‘reach its decision’ and insert ‘give its response’. Amendment No. 82, page 21, line 37, leave out ‘on any application for approval’. Amendment No. 35, page 21, line 38, leave out ‘approval’ and insert ‘consideration’. Amendment No. 83, page 21, line 38, leave out ‘approval’ and insert ‘a response’. Government amendment No. 196 Amendment No. 84, page 21, line 39, leave out ‘an approvals’ and insert ‘a consultation’. Amendment No. 36, page 21, line 39, leave out ‘reach its decision’ and insert ‘publish its recommendations’. Amendment No. 85, page 21, line 39, leave out ‘reach its decision’ and insert ‘give its response’. Amendment No. 37, page 21, line 40, leave out ‘approval’ and insert ‘consideration’. Amendment No. 38, page 21, line 42, leave out ‘reached its decision’ and insert ‘published its recommendations’. Amendment No. 86, page 21, line 42, leave out ‘reached its decision’ and insert ‘given its response’. Amendment No. 39, page 21, line 44, leave out ‘reach a decision’ and insert ‘publish the recommendations’. Amendment No. 87, page 21, line 44, leave out ‘reach a decision’ and insert ‘give a response’. Amendment No. 40, page 22, line 1, leave out ‘reach its decision’ and insert ‘publish its recommendations’. Amendment No. 88, page 22, line 1, leave out ‘reach its decision’ and insert ‘give its response’. Government amendment No. 197 Amendment No. 89, page 22, line 7, leave out ‘made the application for approval’ and insert ‘is or are proposing the scheme’. Amendment No. 41, page 22, line 8, leave out ‘approval’ and insert ‘consideration’. Government amendments Nos. 198 and 199. Amendment No. 42, page 22, leave out lines 14 and 15 and insert ‘ ““application for consideration”” means an application under section 125A for consideration of a quality contracts scheme;’. Government amendments Nos. 200 to 203. Amendment No. 91, clause 24, page 22, line 26, leave out ‘approvals’ and insert ‘consultation’. Amendment No. 92, page 22, leave out lines 27 to 35. Amendment No. 93, page 23, line 34, leave out ‘126C(8)’ and insert ‘126C(5)’. Government amendment No. 204 Amendment No. 44, in clause 25, page 23, line 40, leave out ‘applications for approval’ and insert ‘Quality Contract schemes’. Amendment No. 45, page 24, leave out line 3 and insert ‘authority proposing to make the scheme’. Amendment No. 46, page 24, line 5, leave out paragraph (a). Amendment No. 47, page 24, line 28, leave out ‘, or to the approvals board for England,’. Amendment No. 48, page 24, line 34, leave out paragraph (b). Amendment No. 49, page 24, line 40, leave out paragraph (e). Amendment No. 50, page 25, line 3, leave out subsection (4). Amendment No. 51, page 25, line 8, leave out ‘or (e)’. Amendment No. 95, clause 26, page 25, line 13, at end insert— ‘(1A) For the heading ““Making of a scheme”” substitute ““Requirements of a quality contracts scheme””. (1B) Subsection (1) is omitted.’. Government amendment No. 205 Amendment No. 96, page 25, line 14, leave out subsections (2) to (4). Amendment No. 52, page 25, line 14, leave out subsection (2), and insert— ‘(2) Leave out subsection (1) and insert— ““(1) Once the appropriate national authority considers the scheme the authority or authorities who proposed it may make it, with or without modifications, at any time not later than 6 months after the date on which the recommendations of the approvals board are published.””’. Amendment No. 53, page 25, line 24, leave out ‘approvals board for England’ and insert ‘authority proposing to make the scheme’. Government amendment No. 206. Amendment No. 97, page 26, line 15, leave out ‘periods mentioned in subsection (1), (1A) or’ and insert ‘period mentioned in subsection’. Government amendments Nos. 207, 208, 122, 123 and 209 to 221.. Amendment No. 54, in clause 30, page 28, line 36, leave out ‘approval’ and insert ‘consulting’. Amendment No. 55, page 28, line 37, leave out ‘section 126’ and insert ‘section 125A’. Amendment No. 56, page 28, line 40, leave out ‘approval’ and insert ‘consulting’. Government amendments Nos. 222 and 223. Amendment No. 57, in clause 31, page 29, leave out line 4 and insert ‘(1) Section 125A (consideration of proposed scheme)’. Government amendments Nos. 224 to 235. Amendment No. 58, in clause 32, page 31, line 28, leave out ‘approval by appropriate approval’ and insert ‘consulting by appropriate consulting’. Government amendments Nos. 236 and 237. Amendment No. 59, in clause 33, page 31, line 39, leave out from second ‘the’ to ‘as’ in line 41 and insert ‘authority proposing the continuation of the scheme’. Government amendments Nos. 238 to 242. Amendment No. 60, in clause 34, page 32, line 19, leave out paragraph (a) and insert— ‘(a) leave out paragraph (a) and insert— ““(a) requires the consideration of the scheme by the consulting authority which published recommendations on the scheme in accordance with section 125A, and””.’. Government amendments Nos. 243 to 254. Amendment No. 61, in clause 35, page 33, line 25, leave out paragraph (c). Government amendments Nos. 255 and 256. Amendment No. 62, in clause 36, page 33, line 30, at end insert— ‘(2A) In subsection (1)(b) leave out ““approval”” and insert ““consideration””’. Government amendments Nos. 257 and 258. Amendment No. 63, page 33, line 33, at end insert— ‘(3) (b) in paragraph (e) leave out ““approval”” and insert ““consideration””’. Government amendments Nos. 259 to 263, 124 and 125 to 138. Amendment No. 98, in clause 61, page 55, line 9, leave out from ‘it’ to end of line 10 and insert— ‘(a) it provides that a PTE shall cease to have the power under section 10(1)(viii) of the TA 1968; or (b) it would prevent the carrying of passengers by road by the PTE in pursuance of the power inserted into the TA 1968 by subsection (7).’. Amendment No. 99, page 55, leave out line 15. Amendment No. 100, page 55, line 17, at end insert— ‘(7) For subsection (1)(i) (power of PTE to carry passengers by road) substitute— ““(i) in the event that a quality contract within the meaning of section 124(4) of the Transport Act 2000 is terminated or local services undertaken to be provided under such a quality contract cease to be provided in whole or in part, to carry passengers by road within, to and from that area for the purpose of maintaining local services provided in the area to which that quality contract related, for a period not exceeding 12 months from the date of the termination of the quality contract or the cessation of the local services or such longer period as may be approved by the relevant traffic commissioner as being in the public interest;””.’. Government amendments Nos. 264 and 265.