SUPPLEMENTARY MEMORANDUM BY THE DEPARTMENT
OF THE ENVIRONMENT, TRANSPORT AND THE REGIONS
Government amendments for Committee stage
1. DETR provided a Memorandum to the Committee on
22 May 2000 explaining the purpose etc of delegated legislation
contained in the Transport Bill which was introduced into the
House of Lords on 12 May 2000.
2. The Government has tabled certain amendments to
the Bill for consideration at Committee stage of the Bill, some
of which contain delegated powers. These are:
- the extent to which Part I of the Bill applies
to the Crown (paragraph 6);
- existing bus Quality Partnership schemes (paragraphs
7 to 9);
- accessibility for disabled people to substitute
rail services (17 to 19).
3. The Government also intends to table a new clause
to enable local authorities outside London to enforce moving bus
lane offences (paragraphs 10 to 16).
4. This Supplementary Memorandum explains the purpose
of the relevant powers contained in those amendments, the reason
why the provision is to be dealt with by delegated legislation,
and the nature of, and reason for, the procedure selected.
5. Copies of the amendments are attached.
Crown Application - aircraft belonging to or exclusively
in the service of Her Majesty
6. The new clause [Crown application] outlines
the extent to which Part I of the Bill applies to the Crown. The
relevant section is subsection (3), which provides that Her Majesty
may by Order in Council apply the provisions in Chapter
IV (except section 75), to any aircraft belonging to or exclusively
employed in the service of Her Majesty. The relevant Chapter IV
provisions relate to charges for air traffic services. This provision
broadly replicates clause 101 of the Civil Aviation Act 1982 -
power to apply certain provisions to Crown aircraft. This Order
will not be subject to Parliamentary scrutiny.
Existing bus Quality Partnership schemes
7. New clause [Regulations about schemes involving
existing facilities] is being introduced as part of a package
of Government amendments in the Lords to enable local authorities
to include, in a Quality Partnership scheme, facilities already
in existence before the scheme is proposed. This increased flexibility
could be particularly helpful in the case of facilities, such
as new bus lanes, provided by local authorities within the last
few years, perhaps as part of an informal 'partnership' arrangement
with bus operators. The amendments will ensure that such existing
facilities will not fall outside the scope of the Bill. But the
power will be subject to important safeguards, including - by
virtue of the amendment inserting a new subsection (3A) in clause
104 - the requirement that both QP scheme facilities and the standards
to which bus services are to be provided must lead to an improvement
in the quality of local services (by bringing benefits to users)
or to a reduction or limitation in congestion or pollution.
8. The new clause provides for the Secretary of State
or the National Assembly for Wales to make further provision,
by regulations, with respect to existing facilities, including:
- prescribing maximum time limits within which
the existing facilities must have been provided. We envisage this
would be a relatively short period - perhaps 2 or 3 years prior
to the scheme being proposed - in order to exclude facilities
that may have been provided some considerable time ago. But we
would want to seek views from the key parties to ensure that an
appropriate period is provided for;
- specifying limitations or exclusions on authorities'
power to include certain categories of existing facility, or in
some cases requiring the consent of the operators or others to
their inclusion. Again, we would want to be guided by the views
of the key stakeholders, who would be consulted on any regulations;
- modifying any of the procedural provisions in
clauses 105 to 107, for example to require additional consultation
9. Regulations would be subject to negative
resolution procedure by virtue of clause 148.
Bus Lane Enforcement
10. London Boroughs have camera enforcement powers
under the London Local Authorities Act 1996 to enforce moving
bus lane offences and the purpose of this amendment is to provide
local authorities outside London with similar powers. It provides
that only local authorities with decriminalised parking enforcement
powers under the Road Traffic Act 1991 will be able to apply for
powers to enforce moving bus lane contraventions.
11. The new clause [Civil Penalties for bus lane
contraventions] provides for the Secretary of State or the
National Assembly for Wales to make regulations in connection
- Allowing approved local authorities to impose
penalty charges for moving bus lane contraventions;
- the payment of penalty charges.
12. The new clause also provides that regulations
may make provision for matters such as setting the levels of penalty
charges, specifying the person responsible for paying the penalty
charge, specifying exemptions from penalty charges, making provision
for the application of sums received from penalty charges, and
for the keeping of accounts relating to the revenue received from
13. The Lord Chancellor will also have powers to
make regulations about the notification, adjudication and enforcement
of penalty charges. This is to ensure that the same requirements
apply in England and Wales.
14. The new clause does not give local authorities
the power to stop vehicles.
15. As the new clause does not remove the power of
the police to enforce moving traffic offences, it has been necessary
to provide in the amendment that motorists should not be subject
to double jeopardy and prosecution by the police and local authority
for the same offence or contravention.
16. The regulations would be subject to negative
resolution procedure by virtue of clause 148.
Substitute services for the disabled
17. New clause [Substitute services to be suitable
for disabled passengers] is designed to ensure that, where
substitutes are provided in place of railway services, the substitute
will be suitable for passengers with mobility problems. Substitute
services are required where planned works require an alteration
to a service, perhaps because a track or other facilities have
been closed, and where there is an unplanned problem such as a
breakdown. The new clause covers any passenger with mobility problems,
whether permanent or temporary.
18. The new clause will cover train operators and
the SRA, should it be securing the provision of trains.
19. Subsection (4) of the new clause allows the Secretary
of State to exempt persons of any class or description, or a specific
person, from the new duty to make substitute services accessible
for disabled passengers. The exemption would be made by order
subject to a negative resolution procedure. This is consistent
with other exemption powers for railways. The power would only
be used in limited cases; one example might be to exempt heritage