HC Deb 29 October 1985 vol 84 cc868-9

Lords amendment: No. 5, in page 6, line 2, leave out second "a" and insert "an unconditional".

Mr. Ancram

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

Mr. Deputy Speaker

With this we shall discuss the following Lords amendments:

No. 6, in page 6, line 4, after "bus" insert "belonging to that person".

No. 7, in page 6, line 5, at end insert— (4A) In subsection (4) above "unconditional", in relation to a PSV operator's licence, means a licence which does not have attached to it a condition imposed under section 26(1) of this Act prohibiting, or having the effect of prohibiting, the operator from using vehicles under the licence to provide the service to which the application in question relates.

No. 8, in page 6, line 9, leave out "at the instance of and insert ("on an application made by")

No 9, in page 6, line 14, leave out from commissioner" to "and" in line 15, and insert "accepts the application".

No. 10, in page 6, line 43, leave out paragraph (e) and insert— (e) for an application for registration or for the variation or cancellation of a registration not to be accepted by the traffic commissioner to whom it is made unless the applicant gives to the commissioner such information as he may reasonably require in connection with the application.".

No. 12, in page 7, line 24, at end insert— (kk) for excluding from the application of this section services which are—

  1. (i) excursions or tours; or
  2. (ii) excursions or tours falling within a prescribed class.".

No. 14, in clause 7, page 7, line 44, leave out from "service" to end of line 45 and insert means any local service to which section 6 of this Act applies".

No. 32, in clause 12, page 14, line 41, at end insert— (5A) in subsection (5)(b) above "local service" does not include an excursion or tour.".

No. 50, in clause 25, page 25, line 36, at end insert— (2A) Where the effect of a condition attached to a PSV operator's licence under subsection (1) above is that the operator of a local service registered under section 6 of this Act is prohibited from using vehicles under the licence to provide that service, the traffic commissioner attaching the condition may—

  1. (a) cancel the registration; or
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  3. (b)where the service is registered with another traffic commissioner, direct that it be cancelled.
(2B) Where a direction is given under subsection (2A)(b) above, it shall be the duty of the traffic commissioner with whom the service is registered to cancel the registration.".

No. 269, in clause 110, page 109, line 21, leave out paragraph (a)and insert— (a) applications for the registration of services under section 6 of this Act and for the variation of such registrations.

Mr. Ancram

This group of amendments closes some possible loopholes in the registration system, by precluding registration by operators with conditions on their operators' licences, preventing them from running local services, or by education authorities which are using contract services rather than their own vehicles to provide school transport. That makes it more flexible by allowing for the exemption of certain excursions or tours from registration. We propose to require only these excursions that are hard to distinguish from ordinary local services to register. The other amendments in the group are drafting improvements.

Question put and agreed to.

Lords amendments Nos. 6 to 13 agreed to.

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