Transport Bill - continued        House of Lords
PART II, LOCAL TRANSPORT - continued
Financial and competition provisions - continued

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Repayment of grants towards bus fuel duty.     146. - (1) Section 111 of the Transport Act 1985 (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) is amended as follows (until it ceases to have effect as a result of section 142(6)).
 
      (2) For subsections (2) to (4) substitute-
 
 
    "(2) If any amount has been paid to the operator by way of grant under section 92 of the Finance Act 1965 (grants towards duty charged on bus fuel) in respect of any services operated during the period of three months ending with the day on which the determination under subsection (1) above is made, there is due from the operator-
 
 
    (a) to the Secretary of State (as respects England); or
 
    (b) to the National Assembly for Wales (as respects Wales),
       such percentage of that amount as the traffic commissioner thinks fit in all the circumstances of the case.
 
      (3) The percentage determined shall be at least one per cent. but not more than twenty per cent.
 
      (4) A traffic commissioner who makes a determination under this section shall at once give notice in writing to-
 
 
    (a) the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales); and
 
    (b) the operator;
       and the operator may appeal to the Transport Tribunal against the determination."
 
      (3) In subsection (5), omit-
 
 
    (a) "to the Secretary of State", and
 
    (b) the words from "and any amount" to the end.
Abolition of financial plans of Passenger Transport Executives.     147. Sections 3 to 5 of the Transport Act 1983 (duty of Passenger Transport Executives to prepare three-year financial plans and determination of revenue grants) shall cease to have effect.
 
 
Supplementary
Part II: regulations and orders.     148. - (1) Any power to make regulations or orders under this Part-
 
 
    (a) is exercisable by statutory instrument,
 
    (b) includes power to make different provision for different cases, and
 
    (c) may be exercised so as to make incidental, consequential, supplementary or transitional provision or savings.
      (2) A statutory instrument containing regulations or an order made by the Secretary of State under this Part (whether alone or jointly with the National Assembly for Wales) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
Part II: minor and consequential amendments.     149. Schedule 11 makes minor and consequential amendments relating to this Part.
 
Interpretation of Part II.     150. - (1) In this Part-
 
 
    "appropriate national authority", in relation to a quality partnership scheme or a quality contracts scheme, means-
 
      (a) the Secretary of State, as respects a scheme relating to an area in England,
 
      (b) the National Assembly for Wales, as respects a scheme relating to an area in Wales, or
 
      (c) the Secretary of State and the National Assembly for Wales acting jointly, as respects a scheme relating to an area in England and Wales,
 
    "bus services" has the meaning given in section 100(5),
 
    "community bus permit" means a permit under section 22 of the Transport Act 1985,
 
    "elderly person" has the meaning given in section 134(1),
 
    "eligible service" has the meaning given in section 134(1),
 
    "half-price travel concession" has the meaning given in section 134(1),
 
    "local transport authority" has the meaning given in section 98(4),
 
    "London transport authority" means the Greater London Authority, a London borough council or the Common Council of the City of London,
 
    "quality contract" has the meaning given in section 113(4),
 
    "quality contracts scheme" is to be construed in accordance with section 113(3),
 
    "quality partnership scheme" is to be construed in accordance with section 104(3),
 
    "relevant time" has the meaning given in section 134(1),
 
    "ticketing scheme" is to be construed in accordance with section 124(3),
 
    "traffic regulation order" means an order under the Road Traffic Regulation Act 1984 or any other enactment (other than this Act) regulating the use of roads or other places by public service vehicles,
 
    "travel concession authority" has the meaning given in section 134(1), and
 
    "travel concession permit" has the meaning given in section 134(1).
      (2) In this Part the expressions listed below have the same meaning as in the Public Passenger Vehicles Act 1981-
 
 
    "fares",
 
    "modification",
 
    "public service vehicle",
 
    "PSV operator's licence",
 
    "road", and
 
    "traffic commissioner".
      (3) In this Part the expressions listed below have the same meaning as in the Transport Act 1985-
 
 
    "local service",
 
    "public passenger transport services",
 
    "stopping place", and
 
    "traffic area".
      (4) Where a reference to an authority in any of the following provisions is to a Passenger Transport Authority, it is to be construed as a reference to the Passenger Transport Executive for the passenger transport area concerned; and where a reference to authorities in any of those provisions is to one or more Passenger Transport Authorities, it is to be construed as a reference to the Passenger Transport Executive or Executives for the passenger transport area or areas concerned-
 
 
    section 104(3)(a),
 
    section 106(2)(a) and (4)(a),
 
    section 108(1) and (2),
 
    section 113(4)(a), (5) and (7),
 
    section 118(4),
 
    section 119,
 
    section 120,
 
    section 128(5), and
 
    section 129.
      (5) References in this Part to Passenger Transport Authorities and Executives and to passenger transport areas are references respectively to the Passenger Transport Authorities and Executives, and to passenger transport areas, for the purposes of Part II of the Transport Act 1968.
 
      (6) References in this Part to the local transport plan or bus strategy of a Passenger Transport Authority for a passenger transport area are to the local transport plan or bus strategy made jointly by the Passenger Transport Authority and the councils for the metropolitan districts comprised in the area.
 
      (7) References in this Part to the operator of a passenger transport service of any description are to be construed in accordance with section 137(7) of the Transport Act 1985.
 
 
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