Obviously, in the situation that we are describing, the traffic commissioner would watch things closely in the interim period in which a local authority was acting as an operator of last resort. As I have indicated, we are consulting on how provisions in the Bill will operate, and that is another way in which consideration will be given to the matter. Now that my hon. Friends have heard what I have said about the new clause—in particular, now that they know that it would apply not just to PTEs but to local transport authorities elsewhere in England and Wales—I hope that they will be persuaded not to press amendments Nos. 98 to 100.
Finally, I turn to Government amendments Nos. 123 and 129 to 138. Clause 44 will, in certain circumstances, enable local bus services to be registered in an area covered by a quality contracts scheme. The amendments are essentially technical amendments to improve the clause. They look rather complicated—they certainly did to me—but the intention is fairly straightforward; it is to set up a procedure for varying bus registrations when, exceptionally, they apply within the area of a quality contracts scheme. The general rule is that bus operators cannot register services in the area of a quality contracts scheme, but clause 44 provides a procedure for them to do so if the authority that made the scheme is satisfied that the proposed service would not be detrimental to the scheme. A service that has been registered under those new provisions may subsequently be varied or cancelled. Clause 44 makes no provision for that, so the normal process for varying registrations under section 6 of the Transport Act 1985 would apply. Under the Bill as it stands, that means that it would be possible for an operator to register a service that the local transport authority is happy to accept, but then to vary it in a way that the authority would not be happy with.
Clause 44 as drafted does not adequately address the issue, and neither does the Transport Act 2000. The purpose of this group of amendments is to rectify that. Some variations to the registrations—probably most of them—would be perfectly acceptable to the authority that approved the service in the first place, but others could totally change the nature of the service in ways that the authority could not have anticipated and which would have an adverse effect on services within the scheme. It is only right that the authority should have an opportunity to comment before the traffic commissioner accepts the variations.
The Government have considered whether a similar procedure for cancelling registrations is also needed, but have concluded that it is not. As the local transport authority did not make provision for these services in its quality contracts scheme, it would presumably not be detrimental to the scheme if they were withdrawn. If the authority thought subsequently that the services were valuable, it would have the option to vary the scheme so as to include them. The amendments therefore deal only with service variations.
I have spoken at some length about the amendments, but I make no apology for having done so. They are significant amendments, nearly all of which have been tabled in response to right hon. and hon. Members in the Public Bill Committee. I conclude by thanking all those who have contributed to the development of the Bill. I hope the amendments will substantially improve the Bill, and I hope right hon. and hon. Members in all parts of the House will support them.
Local Transport Bill [Lords]
Proceeding contribution from
Paul Clark
(Labour)
in the House of Commons on Monday, 27 October 2008.
It occurred during Debate on bills on Local Transport Bill [Lords].
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481 c583-4 
Session
2007-08
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