§
Lords amendment: No. 70, in page 32, line 7, leave out from "service" to end of line 9 and insert—
secured by the Board under section 4A of the 1962 Act (Board's power to secure the provision of bus services where a railway service has been temporarily interrupted or discontinued).".
§ Mr. David MitchellI beg to move, That this House doth agree with the Lords in the said amendment.
§ Mr. Deputy SpeakerWith this it will be convenient to consider the following Lords amendments:
§ No. 105, in page 54, line 40, leave out from "apply" to end of line 41.
§
No. 258, in page 102, line 38, leave out from beginning to "the" in line 40 and insert—
(i) in paragraph (a), sub-paragraph (iii) and".
§
No. 259, in page 103, line 36, leave out
in the Executive's area of any bus substitution service'
and insert
of any bus substitution service between places in the Executive's area or between such places and places outside that area but within the permitted distance for the purposes of section 10(1)(ii) of the 1968 Act as it applies to that Executive (that is to say, twenty-five miles from the nearest point on the boundary of that area).".
§
No. 260, in clause 105, page 104, line 41, at end
insert—
(4A) Where the proposed withdrawal of service relates to a service or part of a service which is subsidised by the Passenger Transport Executive for any passenger transport area under any agreement made with the Railways Board by virtue of section 104(3) of this Act, the Board shall not publish a notice with respect to the proposed withdrawal under subsection (1) above without the consent of the Executive to its publication.
(4B) If in any such case the Board publish such a notice before obtaining that consent, the notice shall be of no effect unless before the end of the period fixed by the notice for objecting to the revocation or variation of the relevant bus service condition either—
§ Amendment (a) to proposed Lords amendment No. 260, leave out lines 9 to 22.
§
No. 261, in page 104, line 42, after "Where" insert—
("in the case of any proposed withdrawal of service subsection (4A) above does not apply but").
§ No. 262, in page 104, line 43, leave out "of service".
§
No. 263, in clause 106, page 105, line 22, leave out from beginning to "lodge" in line 25 and insert—
Where, in the case of any withdrawal of service to which section 105(4A) or (5) of this Act applies, notice of the
883
withdrawal has been published under subsection (1) of that section, the Executive concerned may, within the period specified in the notice for objecting to the withdrawal".
§
No. 264, in page 105, line 27, at end insert—
The fact that the Executive concerned gave their consent to the publication of the notice shall not affect their right under this subsection to oppose the withdrawal of service.
§
No. 265, in page 105, line 30, at end insert—
"(8) References above in this section to a notice published under section 105(1) of this Act do not include a notice which under subsection (4B) of that section is of no effect.
§
No. 266, in clause 108, page 108, line 25, leave out
"or" (in the third place where it occurs)
and insert
"and to the Bus Company"".
§ No. 372, in page 46, line 14, column 1, leave out "charges and licences".
§
No. 396, in page 151, line 11, column 3, leave out
"or" (in the third place where it occurs)
and insert
"and to the Bus Company"".
§ Mr. MitchellThese are technical amendments. Amendment No. 70 corrects a drafting imperfection and exempts from London local service licensing not only permanent bus substitution services provided by BR, which under the clause as drafted are already exempted, but also any temporary BR bus services provided in London. This brings them into line with temporary replacement services outside London.
Amendments Nos. 105 and 258 are minor drafting improvements. Amendments Nos. 266 and 396 correct a technical imperfection to retain for the Secretary of State the power that he has under existing legislation to give directions to BR, LRT or LRT subsidiaries in connection with a closure consent. Amendment No. 372 simply corrects the description of the transport tribunal.
Amendments Nos. 259 to 265 ensure that the PTEs have the power to support bus substitution services, as they have under existing legislation to support rail services, and that where PTEs do support bus substitution services, their role in the case of a proposal by the board to withdraw the service is exactly parallel to that which they now have in relation to proposals to withdraw PTE-supported rail services.
§ Question put and agreed to.
§ Lords amendments Nos. 71 to 75 agreed to.