Session 2016-17
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1

 

House of Commons

 
 

Thursday 16 March 2017

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Bus Services Bill [Lords]


 

Note

 

This document includes all amendments remaining before the Committee and

 

includes any withdrawn amendments at the end. The amendments have been

 

arranged in accordance with the Order of the Committee [14 March 2017].

 


 

Andrew Jones

 

18

 

Schedule  4,  page  88,  line  12,  leave out “123A(4)(b) to (f)” and insert “123A(4)”

 

Member’s explanatory statement

 

See explanatory statement for amendment 17.

 


 

Andrew Jones

 

12

 

Clause  18,  page  74,  leave out lines 7 to 12 and insert “which have one or more stopping

 

places in their areas”

 

Member’s explanatory statement

 

This amendment will allow regulations under new section 141A of the Transport Act 2000 to

 

require local transport authorities to provide information about all relevant local services which

 

have stopping places in their areas. As currently drafted the power is available only where there

 

are franchising arrangements.

 

Andrew Jones

 

13

 

Clause  18,  page  74,  line  22,  after “routes,” insert “stopping places,”

 

Member’s explanatory statement

 

This amendment and amendment 14 ensure that information about stopping places is included in


 
 

Public Bill Committee: 16 March 2017                  

2

 

Bus Services Bill-[Lords], continued

 
 

the types of information that can be required by regulations under new section 141A of the

 

Transport Act 2000.

 

Andrew Jones

 

14

 

Clause  18,  page  74,  line  23,  at end insert “stopping places,”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 13.

 


 

Lilian Greenwood

 

31

 

Clause  19,  page  76,  line  5,  leave out “may” and insert “shall”

 

Member’s explanatory statement

 

This amendment would specify that regulations will require, rather than may require, operators to

 

provide prescribed information.

 

Lilian Greenwood

 

32

 

Clause  19,  page  76,  line  13,  leave out from “application” to end of line 14

 

Member’s explanatory statement

 

This amendment is consequential on amendment 31.

 

Andrew Jones

 

15

 

Clause  19,  page  76,  line  36,  at end insert—

 

“( )    

In this section “local transport authority” has the meaning given in section 108(4)

 

of the Transport Act 2000.””

 

Member’s explanatory statement

 

This amendment adds a definition of a term, “local transport authority”, which appears in the

 

clause.

 


 

New Clauses

 

Andrew Jones

 

NC1

 

To move the following Clause—

 

         

“Bus companies: limitation of powers of authorities in England

 

(1)    

A relevant authority may not, in exercise of any of its powers, form a company

 

for the purpose of providing a local service.

 

(2)    

Subsection (1) applies whether the relevant authority is acting alone or with any

 

other person.

 

(3)    

In this section—

 

“company” has the same meaning as in the Companies Acts (see sections

 

1(1) and 2(1) of the Companies Act 2006);


 
 

Public Bill Committee: 16 March 2017                  

3

 

Bus Services Bill-[Lords], continued

 
 

“form a company” is to be construed in accordance with section 7 of the

 

Companies Act 2006;

 

“local service” has the same meaning as in the Transport Act 1985 (see

 

section 2 of that Act);

 

“Passenger Transport Executive”, in relation to an integrated transport area

 

in England or a combined authority area, means the body which is the

 

Executive in relation to that area for the purposes of Part 2 of the

 

Transport Act 1968;

 

“relevant authority” means—

 

(a)    

a county council in England;

 

(b)    

a district council in England;

 

(c)    

a combined authority established under section 103 of the Local

 

Democracy, Economic Development and Construction Act

 

2009;

 

(d)    

an Integrated Transport Authority for an integrated transport area

 

in England;

 

(e)    

a Passenger Transport Executive for—

 

(i)    

an integrated transport area in England, or

 

(ii)    

a combined authority area.”

 

Member’s explanatory statement

 

This amendment prohibits county and district councils in England, combined and integrated

 

authorities in England and passenger transport executives in England from setting up companies

 

to provide local services.

 


 

Daniel Zeichner

 

Lilian Greenwood

 

Nic Dakin

 

NC2

 

To move the following Clause—

 

         

“National strategy

 

(1)    

The Secretary of State must, within 12 months of the day on which this Act is

 

passed, publish a national strategy for local bus services setting out the objectives,

 

targets and funding provisions for rural, urban and inter-urban local bus services

 

in the ten years after Royal Assent is given to this Act.

 

(2)    

The national strategy must include a consideration of a reduced fare

 

concessionary scheme for young people aged between 16 and 19.”

 

Member’s explanatory statement

 

This new clause would require the Secretary of State to publish a national strategy for buses.

 



 
 

Public Bill Committee: 16 March 2017                  

4

 

Bus Services Bill-[Lords], continued

 
 

Daniel Zeichner

 

Lilian Greenwood

 

Nic Dakin

 

NC3

 

To move the following Clause—

 

         

“Disability awareness training

 

(1)    

All drivers of buses and staff at bus terminals must complete approved disability

 

equality and awareness training (“approved training”) by 1 April 2019.

 

(2)    

This training must cover the needs of persons with mental or physical disabilities,

 

including hidden disabilities.

 

(3)    

After 1 April 2019—

 

(a)    

all new bus drivers and terminal staff must complete approved training

 

within one month of starting work; and

 

(b)    

bus drivers and terminal staff must undertake refresher training at least

 

once every three years.

 

(4)    

Bus operating companies must consult passenger groups, disability stakeholder

 

groups, trade unions and relevant authorities when developing their approved

 

training for bus drivers and terminal staff.

 

(5)    

In this section “approved training” means a training course concerning the needs

 

of persons with mental or physical disabilities, including hidden disabilities, who

 

use or seek to use bus services, approved in a manner specified by regulations to

 

be made by the Secretary of State.”

 

Member’s explanatory statement

 

This new clause would require all drivers of buses and staff at bus terminals to complete approved

 

disability equality and awareness training by 1 April 2019.

 


 

Daniel Zeichner

 

Lilian Greenwood

 

Nic Dakin

 

NC4

 

To move the following Clause—

 

         

“Ability to make adjustments for disabled passengers

 

Insert new section 6AA into the Transport Act 1985—

 

“(1)    

A condition for registration of a local bus service in England is that the

 

operator has policies in place to ensure that it is able to conform to its

 

duty under section 20 of the Equality Act 2010 to make adjustments for

 

any disabled passenger on the bus.

 

(2)    

This condition will be enforced by the Traffic Commissioner.””

 

Member’s explanatory statement

 

This new clause would make it a condition for registration of bus services in England that bus

 

operators have in place policies to ensure that they are able to make adjustments for any disabled

 

passenger on the bus. This comes following the Supreme Court decision First Group v Paulley.

 



 
 

Public Bill Committee: 16 March 2017                  

5

 

Bus Services Bill-[Lords], continued

 
 

Daniel Zeichner

 

Lilian Greenwood

 

Nic Dakin

 

NC5

 

To move the following Clause—

 

         

“Bus safety

 

(1)    

An operator of a local service may not participate in any scheme under sections

 

1, 4, 7 or 9 of this Act, and an authority or authorities may not approve the

 

participation of an operator as party of any such scheme, unless the operator has

 

given a written undertaking to the applicable authority or authorities that—

 

(a)    

it has subscribed to a confidential safety reporting system that—

 

(i)    

is suitable for bus operations staff;

 

(ii)    

can demonstrate it is adequately experienced, resourced and

 

staffed; and

 

(iii)    

is entirely independent of any bus operator’s control;

 

(b)    

it has used its best endeavours to ensure that all staff of the operator have

 

been made aware of their right to use this confidential safety reporting

 

system to enable bus operators’ staff to report incidents, unsafe acts,

 

concerns and safety-related issues that they do not feel able to report

 

through normal channels, or where normal reporting channels have not

 

resolved the issue;

 

(c)    

it will collect and monitor bus casualty data in a manner to be prescribed

 

by the applicable authority or authorities from time to time, and

 

(d)    

it will make its bus casualty data available to the applicable authority or

 

authorities by way of a report on at least a monthly basis.

 

(2)    

The authority or authorities must publish on their own website, every quarter, the

 

bus casualty data that they have collected from operators.”

 

Member’s explanatory statement

 

This new clause would require bus operators taking part in any scheme to subscribe to a

 

confidential safety reporting system, to make bus casualty data available to local authorities, and

 

for local authorities to publish that data quarterly.

 


 

Lilian Greenwood

 

NC7

 

To move the following Clause—

 

         

“Priority wheelchair spaces

 

(1)    

The Secretary of State may by regulations make such provision as appears to the

 

Secretary of State to be appropriate for the purpose of facilitating travel by

 

wheelchair users on local services.

 

(2)    

The regulations may in particular require operators of local services to put in

 

place and enforce a policy for priority wheelchair spaces.

 

(3)    

For the purposes of subsection (2) a policy for priority wheelchair spaces is one

 

under which—

 

(a)    

a wheelchair user has priority use of any wheelchair space on a public

 

service vehicle unless it is not reasonable for other passengers to vacate

 

the space;


 
 

Public Bill Committee: 16 March 2017                  

6

 

Bus Services Bill-[Lords], continued

 
 

(b)    

other passengers are required to vacate the space for the wheelchair user

 

if it is reasonable for them to do so; and

 

(c)    

a passenger who unreasonably refuses to vacate the space may, if

 

necessary, be required to leave the vehicle.

 

(4)    

The power conferred by subsection (1) includes power to amend, repeal, revoke

 

or otherwise modify—

 

(a)    

an Act passed before or in the same Session as this Act; or

 

(b)    

an instrument made under an Act before the regulations come into force.

 

(5)    

Regulations under this section must be made by statutory instrument.

 

(6)    

A statutory instrument which contains (whether alone or with other provision)

 

regulations under this section may not be made unless a draft of the instrument

 

has been laid before, and approved by a resolution of, each House of Parliament.”

 

Member’s explanatory statement

 

This new clause enables the Secretary of State to make regulations to require bus operators to put

 

in place and enforce policies for priority wheelchair spaces.

 


 

Lilian Greenwood

 

NC8

 

To move the following Clause—

 

         

“Termination of Bus Service Operators Grant

 

Insert new section 112A into the Transport Act 2000—

 

“(1)    

The Bus Service Operators Grant shall be terminated on the last day of the first

 

financial year to begin after this Act has received Royal Assent.

 

(2)    

Sums equivalent to those projected to be spent on Bus Service Operators Grant in

 

each year following the year specified in subsection (1) shall be provided to local

 

transport authorities for expenditure on local transport.

 

(3)    

The meaning of “local transport” in subsection (2) shall be taken to include—

 

(a)    

local transport services;

 

(b)    

local transport infrastructure; and

 

(c)    

supporting services, including ticketing and transport information

 

services.””

 



 
 

Public Bill Committee: 16 March 2017                  

7

 

Bus Services Bill-[Lords], continued

 
 

Lilian Greenwood

 

NC9

 

To move the following Clause—

 

         

“Accessibility policies for bus passengers

 

(1)    

After section 181 of the Equality Act 2010 insert—

 

“Chapter 2A

 

Bus Services

 

181E  

Accessibility policies for bus passengers

 

(1)    

The Secretary of State may, for the purpose of facilitating travel by

 

disabled persons, make regulations requiring operators of local services

 

to put in place and publish policies for making their services accessible.

 

(2)    

The regulations may make provision about—

 

(a)    

what is to be included in the policies;

 

(b)    

how and where the policies are to be published.

 

(3)    

The regulations may, in particular, require an operator of a local service

 

to make provision in the policy about—

 

(a)    

passenger information;

 

(b)    

fares, tickets and reservations;

 

(c)    

facilities and assistance on the vehicle;

 

(d)    

priority seating and wheelchair and scooter space;

 

(e)    

connections to local services and transport interchange;

 

(f)    

diversions, disruptions and alternative accessible transport;

 

(g)    

contact details, feedback and complaints;

 

(h)    

staff training.

 

(4)    

The regulations may, in particular—

 

(a)    

specify ways of making the policies available, including

 

different media and alternative formats;

 

(b)    

specify standards and guidelines relevant to the policies or

 

means of publication;

 

(c)    

specify requirements for reviewing the policies.

 

(5)    

Regulations under this section may make different provision—

 

(a)    

as respects different descriptions of vehicle;

 

(b)    

as respects the same description of vehicle in different

 

circumstances.

 

(6)    

Before making regulations under this section, the Secretary of State must

 

consult—

 

(a)    

the Welsh Ministers;

 

(b)    

the Scottish Ministers.


 
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Revised 15 March 2017