Agenda Item No.10
THE VALE OF GLAMORGAN COUNCIL
CABINET MEETING: 18TH JULY,
2007
REPORT OF THE DIRECTOR OF ENVIRONMENTAL
AND ECONOMIC REGENERATION
DRAFT LOCAL TRANSPORT
BILL
Purpose of Report
1. To advise
Members that the Council has been invited by the Department for
Transport (DfT), to comment on the Draft Local Transport
Bill. The Welsh Assembly Government require feedback by the
5th August 2007 to enable it to collate a response on
behalf of all Welsh Authorities. The DfT has asked for
comments to be sent direct to them by 7th September
2007. A copy of the consultation document has been placed in
the Member’s Room for information and can also be found via this
link: http://www.dft.gov.uk/162259/165220/248205/consultationdocument
Background
2. Following the
Transport (Wales) Act 2006, and the Queen’s Speech in November
2006, DfT’s intention to publish a draft Bill to support their
strategy to tackle road congestion and improve public transport was
announced. The draft Bill is being developed in three
stages:
·
Stage 1 (up to early 2007): develop the policy thinking in
consultation with stakeholders – Dft’s initial proposals on buses
was published in “Putting Passengers First” (December 2006).
·
Stage 2 (May to September 2007): enable a full debate on the
overall package of reforms and on the detail of specific proposals
–the Dft are undertaking full public consultation on the proposals
and will make the draft Bill available to Parliament for
pre-legislative scrutiny.
·
Stage 3 (September 2007 onwards): consider the response submitted
during the consultation process together with the recommendations
of the Parliamentary Scrutiny Committee and decide how to proceed
with proposals. A decision will then be made as to whether,
and if so when, to introduce a Bill to Parliament.
3. Within the draft
Bill, the provisions relating to buses and local road pricing
schemes would apply in Wales. However, the following proposed
changes would not apply to Wales:
·
Changes to the approvals and appeals processes for bus quality
contract schemes, and
·
Changes to the approval process for local road pricing schemes and
provisions relating to inquiries into such schemes, and
·
The proposals to facilitate local transport governance reform, as a
separate framework exists following the Transport (Wales) Act
2006.
Relevant Issues and Options
4. The draft Bill
confers a number of new or expanded powers on the Welsh Ministers,
in line with changes being made to certain powers of the Secretary
of State in relation to England. For example, one provision,
which relates to the application of revenues from local charging
schemes, would replace an existing power under the Transport Act
2000 which enables the Welsh Ministers to make regulations relating
to the use of net proceeds from local charging schemes.
5. Table 1 below
lists the clauses which affect the existing powers of, or
confer new powers on, the Welsh Ministers.
Table 1: Clauses which affect the
existing powers of, or confer new powers on, the Welsh
Ministers
|
Clause(s)
|
Subject of
clause
|
Effect on the
powers of the Welsh Ministers
|
|
Part 1: clause
1
|
Senior Traffic Commissioner
|
A requirement for the Senior Traffic
Commissioner to consult the Welsh Ministers before issuing
directions or guidance to other Traffic Commissioners.
|
|
Part 2: clause
13
|
Making of a quality contracts scheme
|
The power for the Welsh Ministers by order to
vary a time period stipulated in section 127 of the TA 2000 is
extended to other time periods.
|
|
Part 2: clause
18
|
Approval of continuation of a quality
contracts scheme
|
New provisions to allow the continuation of a
quality contracts scheme beyond its initial ten year period. For
schemes in Wales, the Welsh Ministers will have the power to
approve the continuation.
|
|
Part 2: clause
21
|
Regulations about quality contracts
schemes
|
The existing order-making powers of the Welsh
Ministers in section 133 of the TA 2000 are extended so that
regulations may additionally make provision with respect to the
continuation of quality contracts schemes.
|
|
Part 2: clause
22
|
Guidance about quality contracts schemes
|
A power for the Welsh Ministers to issue
guidance to local authorities about the performance of their
functions in respect of quality contracts schemes.
|
|
Part 3: clause
35
|
Subsidy to secure passenger transport services
in Wales
|
Extension of existing power for the Welsh
Ministers to subsidise passenger transport services to cover
standards of service.
|
|
Part 5: clause
75
|
Manner of payment of charges in a charging
scheme
|
A new power for the Welsh Ministers to make
regulations regulating the manner in which, in certain
circumstances, persons may pay road user charges.
|
|
Part 5: clause
76
|
Interference with functioning of equipment
|
An extension to the existing power for the
Welsh Ministers, by regulation, to make certain provisions relating
to examination of, or entry into, a motor vehicle for certain
purposes
|
|
Part 5: clause
77
|
Use of equipment for charging schemes
|
A new power for the Welsh Ministers to
regulate the manner in which equipment installed as part of a
charging scheme is used, supplementing the existing power for them
to make regulations to approve standards for such equipment.
|
|
Part 5: clause
78
|
Power to require information
|
A new power for the Welsh Ministers to direct
a local traffic authority in Wales to provide specified information
relating to the performance or proposed performance of their
functions under Chapter 1 of Part 3 of the TA 2000
|
|
Part 5: clause
79
|
Information
|
A new power for the Welsh Ministers to charge
a reasonable fee for the supply of information under section 194(1)
and (3) of the TA 2000.
|
|
Part 5: clause 82
and Schedule 5
|
Application of revenues from charging
schemes
|
The existing power for the Welsh Ministers to
make regulations relating to the use of net proceeds from local
charging schemes in Wales (other than during the initial period of
an early relevant scheme) is replaced with a requirement that all
such net proceeds may only be used to facilitate the achievement of
the charging authority's local transport policies
|
| |
|
|
|
6. Table 2 below
summarises the provisions in the draft Bill which have
different effect in Wales, as compared to their effect in
England (outside London). Table 2 does not repeat measures set
out in Table 1.
Table 2: Measures which have different
effect in Wales, as compared to England (outside
London)
|
Clause(s)
|
Subject of clause
|
Effect on the powers of the Welsh
Ministers
|
|
Part 2: clauses 9 to 12
|
Approval of quality contracts schemes, and
related appeals
|
The clause preserves the existing provisions
whereby (i) a scheme in Wales must be approved by the Welsh
Ministers; and (ii) there is no right of appeal to the Transport
Tribunal in relation to the Welsh Ministers' decisions to approve
or reject a scheme.
|
|
Part 4: clauses 38 to 63
|
Passenger Transport Authorities etc.
|
There are no PTAs in Wales, and so the
provisions do not have any application there.
|
|
Part 5: clauses 64 to 70
|
Involvement of Passenger Transport Authorities
in charging schemes
|
There are no PTAs in Wales, and so the
provisions do not have any application there
|
|
Part 5: clause 72
|
Removal of requirement for Secretary of State
confirmation of charging schemes in England
|
The clause preserves the existing provision
that the scheme order relating to a proposed local charging scheme
in Wales must be approved by the Welsh Ministers.
|
|
Part 5: clause 73
|
Amendment to powers relating to inquiries into
local charging schemes
|
The clause preserves the existing provisions
allowing the Welsh Ministers to require a local charging authority
to consult on, or to allow the Welsh Ministers to hold an inquiry
into, a local charging scheme
|
|
Part 5: clause 82 and Schedule 5,
paragraph 4
|
Financial provisions relating to road user
charging schemes
|
The amendments to paragraph 10(3) of Schedule
12 to the TA 2000 preserve, in Wales, the existing requirement for
the Welsh Ministers to approve a local traffic authority's plans
for the application of revenues from a local charging scheme.
|
7. The main
legislative intended changes within the Bill that are likely to
have current implications for the Council if implemented, can be
found in Appendix
1 of this report. The legislation impacts various
functions within the Council (i.e.Visible Services, Planning &
Transport and Licensing), therefore a collective response has been
collated within the Appendix.
Resource Implications (financial and
employment)
8. The production
of the Draft Local Transport Bill is wholly funded by the
DfT. However, the changes to the legislation may have
significant financial implications to the Licensing Department,
transport services and infrastructure.
9. It should be
recognised that there is a significant level of officer involvement
devoted to regional and national work.
Legal Implications (to include Human Rights
implications)
10. The
final production of the Local Transport Bill, if implemented, will
replace parts of the current Transport Acts and will enhance the
individual Council’s current Local Transport Plans, the emerging
Regional Transport Plans and the emerging Wales Transport
Strategy.
Crime and Disorder Implications
11. Whilst
there are no direct crime and disorder implications associated with
this report, the reduction of crime and the perception of crime on
public transport, will form a significant element of the Draft
Local Transport Bill.
Equal Opportunities Implications (to include
Welsh Language issues)
12. The
improvement of transport provision and infrastructure through new
legislation within the Draft Local Transport Bill will contribute
towards the aim to provide a transport system which sustains
economic growth and improves productivity; contributes to the
objectives for tackling climate change and other environmental
challenges; and enhances access to jobs, services and social
networks, including for the most disadvantaged.
Corporate/Service Objectives (to include
stakeholder consultation)
13. The
enhancement and provision of an integrated and sustainable
transport system is a key aim of the Council’s Corporate Service
Plan.
Consultation (including Ward Member
Consultation)
14. No
ward Member consultation has been undertaken as this report has
implications for the Vale of Glamorgan as a whole, rather than
specific wards.
Relevant Scrutiny Committee
15.
Economy and Environment.
RECOMMENDATIONS
(1) That
the contents of the Draft Local Transport Bill be noted.
(2) That
the response paper drafted as Appendix 1 is endorsed.
(3) That
permission is granted to enable the response paper to be sent to
both WAG and the DfT.
Reasons for recommendations
(1) To
ensure that members are kept informed of emerging Primary
Legislation.
(2) To
acquire Members endorsement of the response paper.
(3) To
allow a response to be sent to WAG and DfT to ensure the Council’s
views are considered.
Background Papers
Transport (Wales) Bill 2006.
Contact Officer - Clare Cameron – Telephone
No. 01446 704668.
Officers Consulted:
Operational Manager Financial Services
Operational Manager Legal Services
Operational Manager Engineering Design and
Procurement
Operational Manager Highway Maintenance
Operational Manager Licensing
R. Quick
Director of Environmental
and Economic Regeneration