HC Deb 06 December 1932 vol 272 cc1529-31

8.42 p.m.

Lieut.-Colonel HEADLAM

I beg to move, in page 63, line 7, to leave out Sub-sections (2) to (7), and to insert instead thereof the words: (2) The following enactments, that is to say, the Metropolitan Public Carriage Act, 1869 (in this section referred to as "the Act of 1869"), Sections eight and fourteen of the Metropolitan Streets Acts 1867, and the London Cab and Stage Carriage Act, 1907, shall not apply to any public service vehicle, or to the driver or conductor thereof; (3) Subject to the provisions of the next following sub-section, the 'powers which, under the Act of 1869, as amended, extended, or applied by, or by any Order made under any subsequent enactment, are exerciseable within the City of London and the Metropolitan police district by the Secretary of State, with respect to tramcars, light railway cars and trolley vehicles, and the licensing of such vehicles and their drivers and conductors (including the power of granting licences which by his direction is exerciseable by the Commissioner of Police of the Metropolis) shall be transferred to the Minister and for the purpose of the exercise by the Minister of the powers so transferred the limits of the Act of 1869 shall be extended to include the whole of the Metropolitan Traffic Area and any reference in any such enactment to the Secretary of State shall, in relation to the said vehicles or matters, be construed as a reference to the Minister. (4) The Minister may by order provide—

  1. (a) that any licences in respect of tramcars, light railway cars or trolley vehicles, or any class of such vehicles, which are grantable by him by virtue of the powers transferred to him by the last preceding sub-section may be granted by the Commissioner for the Metropolitan Traffic Area (in this section referred to as "the Traffic Commissioner") and that any licences to drivers and conductors of tramcars, light railway cars, and trolley vehicles, or any class of such vehicles, which are so grantable by him may he granted by the Commissioner of Police of the Metropolis or by the Traffic Commissioner: and
  2. (b) that as regards persons residing in the Metropolitan Traffic Area, or any specified part of that area, the function of the Traffic Commissioner of granting licences to drivers and conductors of public service vehicles, or of any class of such vehicles, shall be transferred to the said Commissioner of Police:
Provided that no order conferring any power, or imposing any duty, on the said Commissioner of Police shall he made under this Sub-section, save with the concurrence of the Secretary of State. (5) An order made under the last preceding Sub-section may—
  1. (a) make such adaptations and modifications in the provisions of Part IV of the Act of 1930 as may be necessary for the purpose of giving effect to the transfer of the said functions from the Traffic Commissioner to the said Commissioner of Police; and
  2. (b) provide for the !payment by the Minister, as part of the expenses of the 1531 Roads Department of the Ministry of Transport, into the Metropolitan Police Fund of such sum in respect of the costs incurred by the said Commissioner of Police in connection with the exercise of the functions transferred by the order as the Treasury, after consultation with the Minister, may from time to time determine; and
  3. (c) be revoked or altered by subsequent order made in the like manner.
 (6) Before determining the conditions to be, attached to a road service licence with respect to routes, stopping places or terminal points within the City of London or the Metropolitan police district, the Traffic Commissioner shall consult with the Commissioner of Police, and if the Commissioner of Police is dissatisfied with any condition attached to a road service licence with respect to a route, stopping place, or terminal point within his police district, he may appeal to the Minister, who shall make such order in the matter as he thinks fit, and any order so made by the Minister shall have effect as if it were an order made by the Traffic Commissioner. (7) No local authority shall exercise under the Town Police Clauses Act, 1847, as amended, extended, or applied by any subsequent enactment any powers with respect to public service vehicles, tramcars, light railway cars, and trolley vehicles, or the licensing of such vehicles, or of their drivers or conductors, and there shall be repealed so much of any other Act as empowers any local authority to regulate such vehicles, or to make regulations for the conduct of drivers or conductors of, or passengers in, such vehicles. This is an apparently very long and important-looking alteration in the Bill, but, as a matter of fact, the Amendment is mainly of a drafting character. As the Clause stands, the functions of the Secretary of State with regard to tramways, light railways and trolley vehicles are transferred to the traffic commissioner, but, as a result of consultation that we have had with the Secretary of State, it is thought that these functions would be best transferred to the Minister. The Amendment merely puts this arrangement into the Bill.

Amendment agreed to.