AMENDMENT OF CERTAIN ENACTMENTS RELATING TO TRANSPORT (Hansard, 22 October 1973)

§ Mr. Younger
I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker
It will be convenient to take at the same time the following Lords Amendments:
No. 106, in page 216, line 7, at end insert: Section 11(4) shall cease to have effect. No. 107, in page 217, line 36, at end insert: and in the said section 16, in subsection (2), the words from "and (d)" onwards, and 922 subsections (3), (4) and (5) shall cease to have effect. In section 18 (planning of passenger transport services in designated areas), the following amendments shall be made—

(a) in subsection (1), the words "to the Minister and" shall cease to have effect;

(b) in subsection (2), the words "to the Minister and" shall cease to have effect.

In section 21 (functions of traffic commissioners in designated areas), subsection (5)(a) shall cease to have effect. No. 109, in page 219, line 10, after "12" insert "14".
No. 185, in Schedule 28, page 301, line 46, column 3, at end insert: In section 10(1)(xvi), the words "and the consent of the Minister". Section 11(4). No. 186, in page 301, line 53, column 3, at end insert: In section 16, in subsection (2), the words from "and (d)" onwards, and subsections (3), (4) and (5). In section 18, in subsection (1), the words "to the Minister and", and in subsection (2), the words "to the Minister and". Section 21(5)(a) No. 187, in page 302, line 13, column 3, after "12" insert "14".

§ Mr. Younger
This is a series of amendments designed to relax certain of the controls at present exercised by the Secretary of State over passenger transport authorities and executives.

§ Mr. Ross
We welcome the relaxation, but we should like to know what the substance of it is here.

§ Mr. Younger
With the leave of the House, I shall try to explain it, if the House will bear with a somewhat lengthy explanation. The general principle behind the amendments is that it was thought inappropriate to continue the restrictions of the kind imposed by these sections of the Transport Act on passenger transport authorities after reorganisation, when passenger transport responsibilities will be taken over by the new regional authorities.
The amendment to Section 10(1) of the Transport Act means that a passenger executive no longer requires the consent of the Secretary of State to make certain arrangements with other persons for the carrying on of transport services by those persons in its area. It also makes the 923 appropriate substitution of "region" for "county" in the Act as at present.
The deletion of Section 11(4) of the Act removes from passenger transport executives the duty to make returns to the Secretary of State of their proposals for expenditure on capital account at such times and in such form as he may require. It also means that the Secretary of State will no longer be able to impose limits on this expenditure.
The amendment to Section 16 of the Act removes certain powers of the Secretary of State to give directions and make orders relating to the business of a passenger transport executive. He will no longer have the power to specify those matters which are to be included in the annual report of a PTA or PTE; he will no longer be able to give directions to a PTA to adjust its business methods where he thinks that it is charging too little; he can no longer apply these powers to specify businesses which he considers to be subsidiary or incidental to the main function of a passenger transport executive; and a PTE will no longer have the duty to ensure that no subsidiary carries on any business which the Secretary of State has ordered to be discontinued.
The amendments to Section 18 of the Act mean that passenger transport authorities and executives are no longer required to submit a statement of transport policy for their area to the Secretary of State, nor to send to him a copy of the transport plan prepared by them for the future development of passenger transport in their area.
The repeal of Section 21(5)(a) removes the Secretary of State's powers to make regulations requiring a passenger transport executive to furnish certain specified information to the Traffic Commissioners.
The amendment to page 219, line 10, by repealing paragraph 14 of Part III of Schedule 5 to the Transport Act, takes away the Secretary of State's power to make orders covering the making of reports and the furnishing of information by the passenger transport authorities and executives.
The amendments to Schedule 28 are consequential on the others. They are all part of our general policy of trying to give more freedom to these bodies and having less oversight of them. I hope that the House will accept them.

§ Mr. Younger
I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker
With this amendment we are taking Lords Amendment No. 110, in Schedule 19, page 223, line 8, leave out "North Ayrshire" and insert "Cunninghame".

§ Mr. Younger
These amendments substitute the name of the new district created on Report in the Commons in these two places in the schedules.

§ Mr. Ross
I rise to ask whether we are satisfied that we have the spelling right at last. Are we satisfied that there should be two "m" s and an "e" at the end, or should it be one "m" without an "e" or one "m" with an "e"? I do not think anyone will mind as long as we see that it is the same throughout. I think there has been a certain amount of difficulty and confusion about this. Has the Under-Secretary now decided what is to be the correct spelling of Cunninghame in this new geographical context?

§ Mr. Younger
With the leave of the House, I can tell the right hon. Gentleman, to whom it will be no surprise, that we have had a most difficult and interesting time trying to establish the spelling not only of Cunninghame but of some of the other names used in other amendments, such as, for instance, Loudoun, about which there was doubt. The first time it was put down it was spelt incorrectly. I am sure that the right hon. Gentleman would not have done that. The research we have done in this instance establishes as far as we can that this is the most common usage, and I think we should now go firm on it. I hope that we have the right hon. Gentleman's support, because it is doubtful whether we could succeed without it.