HC Deb 29 October 1985 vol 84 cc926-7

. — (1) The authority or authorities responsible for administration of a scheme under section 87 of this Act may at any time by notice in writing served on any operator who is an obligation under section 89(2) of this Act to provide travel concessions in accordance with the scheme on journeys on any eligible service operated by him release him from that obligation in respect of that service. (2) Subject to the following provisions of this section, any such operator may at any time by notice in writing apply to the Secretary of State to be released from that obligation in respect of any such service on the ground that the authority or authorities responsible for administration of the scheme have failed to comply with their obligation under section 87(7) of this Act. (3) An operator may not make such an application unless he has given notice in writing of his intention to do so to the authority or authorities responsible for administration of the scheme not less than twenty-eight days before the date of the application. (4) A notice under subsection (2) or (3) above shall give particulars of any alleged failures of the authority or authorities in question to comply with their obligation under section 87(7) of which the operator complains. (5) On any such application the Secretary of State may, if he finds the applicant's ground of complaint established, determine that the applicant's obligation under section 89(2) shall cease on such date as may be specified in the determination.

No 230, to leave out clause 91 and insert the following new clause—Supplementary provisions 91. — (1) Regulations under this section may make provision as to—

  1. (a) the maximum or (as the case may be) minimum period that may for the purposes of any provision of section 89 or 90 of this Act be specified in a participation notice;
  2. (b) the form and contents of participation notices and other notices required for any purposes of sections (Right of eligible service operators to participate in travel concession schemes) to (Release from compulsory participation) of this Act; and
  3. (c) the manner in which any such notice is to be served.
(2) Where the Secretary of State cancels or varies a participation notice under section 90 of this Act after the obligation imposed by that notice has come into effect he may award compensation to the applicant under subsection (4) below if it appears to him that the applicant has suffered—
  1. (a) in a case where the notice is cancelled, any loss attributable to his participation in the scheme in question; or
  2. (b) in a case where the notice is varied by excluding from it any service operated by the applicant, any loss attributable to his participation in that scheme in respect of that service.
 (3) Where on determining an application under section (Release from compulsory participation) of this Act (the Secretary of State finds that the authority or authorities responsible for administration of the scheme in question have failed to comply with their obligation under section 87(7) of this Act, he may award compensation to the applicant under subsection (4) below if it appears to him that the applicant has suffered any loss attributable to that failure. (4) In any case to which subsection (2) or (3) above applies the Secretary of State may by notice in writing require the authority responsible for administration of the scheme in question or (as the case may be) the authorities so responsible in such proportion as may be specified in the notice to pay to the applicant such an amount by way of compensation in respect of the loss there mentioned as may be so specified. (5) The Secretary of State may if he thinks fit appoint a person to determine an application under section 90 or (Release from compulsory participation) of this Act on his behalf; and references in those sections and in subsections (2) to (4) above to the Secretary of State shall be read as including references to a person so appointed. (6) Regulations under this section may prescribe the procedure to be followed in connection with applications under sections 90 and (Release from compulsory participation) of this Act and may in particular (but without prejudice to the generality of that) include provision—
  1. (a) as to the conduct of any proceedings held in connection with any such application; and
  2. (b) enabling the Secretary of State to require either the applicant or the authority or authorities responsible for administration of the scheme in question, or both or all of them, to pay such sum as the Secretary of State may determine towards any expenses incurred by him in connection with the determination of the application.
 (7) Where a requirement under subsection (4) above is imposed on more than one authority, the liability of the authorities concerned to the applicant—
  1. (a) shall extend to the whole of the amount specified in the notice imposing the requirement; and
  2. (b) shall be both joint and several;
but if any such authority make any payment, in or towards the discharge of that liability, of an amount exceeding the amount representing any proportion specified in the notice as that authority's share, that authority shall be entitled to recover an appropriate contribution (determined by reference to the proportions specified in that notice) from the other authority or authorities concerned. (8) Any sums paid to the Secretary of State by virtue of subsection (6)(b) above shall be paid into the Consolidated Fund.

No. 231, in clause 92, page 95, line 28, at end insert— (2) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (3) Where the affairs of a body corporate are managed by its members, subsection (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. (4) Proceedings for an offence under this section shall not, in England and Wales, be instituted except by the authority, or any one of the authorities, responsible for administration of the scheme in question or by or with the consent of the Director of Public Prosecutions (and any such authority who would not apart from this subsection have power to bring such proceedings shall accordingly have that power).".

No. 236, after clause 93, to insert the following new clause—