SCHEDULE (Hansard, 17 October 1985)

HL Deb 17 October 1985 vol 467 cc803-16 803

§ THE DISABLED PERSONS TRANSPORT ADVISORY COMMITTEE

§ Administration, etc. 1. The Secretary of State shall make arrangements for the Committee to be provided with such administrative support and office accommodation as he considers appropriate. 2. The Secretary of State shall provide the Committee with funds with which to pay to their members such taveiling and other allowances, and to defray such other expenses in connection with their functions, as he may determine.

§ Constitution and procedure 3.—(1) Any person appointed to be a member of the Committee shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to be a member of the Committee, be eligible for re-appointment. (2) Any person so appointed may at any time resign his office by written notice given to the Secretary of State.

§ Schedule 5 [Transitional provisions and savings]:

§ [Amendment No. 308 not moved.]

§ Lord Brabazon of Tara moved Amendment No. 309: Page 152, line 41, leave out ("Greater")

§ The noble Lord said: My Lords, this is a minor amendment. It removes an inconsistency because the rest of the Bill refers to "London" rather than to "Greater London". I beg to move.

§ On Question, amendment agreed to.

§ Lord Brabazon of Tara moved Amendment No. 310: Page 153, line 14, after ("council") insert ("or Passenger Transport Executive").

§ The noble Lord said: My Lords, this is a minor amendment which brings the provision for Scotland into line with that for England and Wales by providing that the grant of a road service licence will be taken to interfere with the transition to deregulation if it disrupts arrangements made or proposed by a passenger transport executive (in practice, Strathclyde) as well as by a regional or islands council. I beg to move.

§ On Question, amendment agreed to.

§ Lord Brabazon of Tara moved Amendment No. 311: Page 154, line 26, after first ("or") insert ("non-metropolitan").

§ The noble Lord said: My Lords, this, too, is a minor technical amendment. I beg to move.

§ On Question, amendment agreed to.

§ [Amendments Nos. 312 to 318 not moved.]

§ Lord Brabazon of Tara moved Amendment No. 319:

§ [Printed 16/10/85; col. 630].

§ The noble Lord said: My Lords, I beg to move Amendment No. 319. This was spoken to with Amendment No. 149. I beg to move.

§ On Question, amendment agreed to.

§ Following is the text of the amendment (No. 319): Page 156, line 15, at end insert ("; or (c) in respect of which the conditions mentioned in subparagraph (4) below are satisfied. 804 (4) The conditions are that—

(a) the service is to be operated by a person who has entered into an agreement with London Regional Transport ("LRT") to operate it; and
(b) the authority has entered into an agreement or arrangement with LRT to contribute to the costs incurred by LRT in securing the service.").

§ [Amendments Nos. 320 to 324B not moved.]

§ Lord Brabazon of Tara moved Amendments No. 325 and 326: Page 158, line 8, leave out ("specified") and insert ("prescribed"). line 15, leave out ("specified") and insert ("prescribed").

§ The noble Lord said: My Lords, with the leave of the House, I shall move Amendments Nos. 325 and 326 en bloc. They are two minor drafting amendments. I beg to move.

§ On Question, amendments agreed to.

§ Lord Brabazon of Tara moved Amendments Nos. 327 to 329: Page 158, line 18, leave out paragraphs (a) and (b) and insert ("such information with respect to applications made to him under any of the Cases mentioned in paragraphs 7 and 8 above as may be prescribed."). line 24, leave out from ("(2)") to ("to") in line 25 and insert ("Information with respect"). line 27, leave out from ("other") to ("by") in line 28 and insert ("information which is required to be published").

§ The noble Lord said: My Lords, I beg to move Amendments Nos. 327, 328 and 329 en bloc, and I shall also speak to Amendment No. 331. Amendment No. 331: Page 158, line 31, leave out from ("any") to ("to") in line 32 and insert ("information, he shall give that information").

§ These amendments enable the Secretary of State to prescribe in regulations the information with respect to registrations and variations of registrations during the transitional period which the traffic commissioner is required to publish and send to the local authorities and PTEs. I beg to move.

§ On Question, amendments agreed to.

§ [Amendment No. 330 not moved.]

§ Lord Brabazon of Tara moved Amendment No. 331:

§ [Printed above.]

§ The noble Lord said: My Lords, I spoke to this amendment with Amendment No. 327. I beg to move.

§ On Question, amendment agreed to.

§ [Amendment No. 332 had been withdrawn from the Marshalled List.]

§ Lord Brabazon of Tara moved Amendment No. 332A: Page 159, line 3, leave out from beginning to ("London") and insert ("no stopping place outside").

§ The noble Lord said: My Lords, I beg to move Amendment No. 332A and will also speak to No. 333A. Amendment No. 333A: Page 159, line 6, at end insert— ("In the application of this paragraph section 34(3) of this Act shall be disregarded").

§ These amendments modify the effect of paragraph 12 of Schedule 5 as it applies to services which cross the 805 Greater London boundary. They provide that where a road service licence is in force when this Bill is enacted for a service which crosses the boundary, and that licence would otherwise expire before 27th September 1986, it shall continue in force until that date. Licences for cross-boundary services will therefore be treated in exactly the same way as licences for services which are wholly outside London. Only licences for services which are wholly inside London will need to be renewed on the normal date. I beg to move.

§ On Question, amendment agreed to.

§ [Amendment No. 333 not moved.]

§ Lord Brabazon of Tara moved Amendment No. 333A:

§ [Printed above.]

§ The noble Lord said: My Lords, I spoke to this amendment with No. 332A. I beg to move.

§ On Question, amendment agreed to.

§ The Earl of Caithness moved Amendment No. 334: Page 160, line 3, leave out ("Part II") and insert ("section 35").

§ The noble Earl said: My Lords, I beg to move Amendment No. 334 and will speak to Nos. 335, 337 and 339. Amendment No. 335: Page 160, line 5, leave out ("Part II") and insert ("section 35"). Amendment No. 337: line 12, leave out ("Part II") and insert ("section 35"). Amendment No. 339: line 21, leave out ("Part II") and insert ("section 35").

§ These are technical amendments. I beg to move.

§ On Question, amendment agreed to.

§ The Earl of Caithness moved Amendment No. 335:

§ [Printed above.]

§ On Question, amendment agreed to.

§ The Earl of Caithness moved Amendment No. 336: Page 160, line 8, after ("section") insert ("35 or").

§ The noble Earl said: My Lords, this is another technical amendment. I beg to move.

§ On Question, amendment agreed to.

§ The Earl of Caithness moved Amendment No. 337:

§ [Printed above.]

§ The noble Earl said: My Lords I spoke to this Amendment with No. 334. I beg to move.

§ On Question, amendment agreed to.

§ The Earl of Caithness moved Amendment No. 338: Page 160, line 17, at end insert— ("(4) In this paragraph and paragraph 17 below "road service licence" means a road service licence under Part III of the 1981 Act.")

§ The noble Earl said: My Lords, this amendment is purely technical. I beg to move.

§ On Question, amendment agreed to.

§ The Earl of Caithness moved Amendment No. 339:

§ [Printed above.]

§ The noble Earl said: My Lords, I spoke to this amendment with No. 334. I beg to move.

§ On Question, amendment agreed to.

806

§ The Earl of Caithness moved Amendment No. 340: Page 160, line 40, leave out paragraph 18 and insert— (" 18. In so far as any regulations in force immediately before sections 31 and 42 of this Act come into force then have effect as if made under section 50(9) of the 1981 Act (procedure on appeals under that section) with respect to appeals under any of the provisions of subsections (1) to (5) and (7) of that section, those regulations shall have effect as if made under section 42(10) of this Act with respect to appeals under the corresponding provision of that section.")

§ The noble Earl said: My Lords, this is a technical amendment which clarifies the effect of paragraph 18 of Schedule 5. I beg to move.

§ On Question, amendment agreed to.

§ The Earl of Caithness moved Amendment No. 341: Page 160, line 42, at end insert—

("Compensation for loss of employment, etc.

18A. Any regulations made under section 17(3) of the 1968 Act which are in force immediately before the repeal of that section by this Act—

(a) shall continue in force notwithstanding that repeal: and
(b) may be varied or revoked by regulations made under section 81 of this Act as if they had been made by reason of any such transfer of property, rights and liabilities as is mentioned in section 81(1)(c).')

§ The noble Earl said: My Lords, this amendment preserves regulations already made under section 17(3) of the 1968 Act. This amendment is needed to preserve the value of existing rights to compensation which former staff of metropolitan municipal undertakings acquired because of the transfer of those undertakings to the PTEs on their formation. 1 beg to move.

§ On Question, amendment agreed to.

§ [Amendment No. 342 not moved.]

§ The Earl of Caithness moved Amendment No. 342A: Page 161, line 7, at end insert—

("Agreements under section 3 of the Transport Act 1978

.—(1) Where—

(a) before the date on which the repeal by this Act of section 3 of the Transport Act 1978 comes into force any non-metropolitan county council have, in exercise of the power conferred by that section, entered into an agreement with London Regional Transport under which payments fall to be made by that council towards expenses incurred by London Regional Transport in securing the provision of a public passenger transport service ("the old agreement");
(b) the service is provided under an agreement entered into by London Regional Transport accepting a tender invited for its provision; and
(c) the old agreement is still in force immediately before that date;

that council shall have power to enter into a new agreement with London Regional Transport to contribute towards any of the expenses to which they were liable to contribute in respect of that service under the old agreement. (2) An agreement entered into under this paragraph shall be made so as to remain in force for a period ending not later than the date on which the agreement mentioned in sub-paragraph (1)(b) above expires.').

§ The noble Earl said: My Lords, this amendment makes a small but useful addition to the transitional provisions. London Regional Transport are responsible for a number of bus services which cross the Greater London boundary. They receive payments from the counties adjoining London towards the cost incurred in providing those services. I beg to move.

§ On Question, amendment agreed to.

807

§ Lord Belstead moved Amendment No. 343: Page 161, line 9, leave out paragraph 20 and insert— ("20.—(1) A scheme established under section 90 of this Act shall not come into operation before 28th September 1986. (2) The authority or authorities responsible for administration of any scheme under that section shall not have power under section 94(2) of this Act to serve on any person for the purposes of that scheme a participation notice which has an operative date falling before 1st April 1987 unless the relevant publication date in relation to that scheme falls before 8th April 1986. (3) For the purposes of sub-paragraph (2) above—

(a) the operative date of a participation notice shall be taken to be the date immediately following the end of such period of notice as may be specified in the participation notice for the purposes of section 94(5)(a) of this Act; and
(b) the relevant publication date in relation to any such scheme is the date (or whichever last occurs of the respective dates) of first publication under section 92 of this Act of particulars of the scheme and of the current reimbursement arrangements for eligible service operators participating in the scheme as they are to apply on initial establishment of the scheme.

(4) Expressions used in this paragraph to which a meaning is given for any purposes of Part V of this Act have the same meaning in this paragraph. 20A.—(1) Notwithstanding the repeal by this Act of the Travel Concessions Acts 1955 and 1964 and section 138 of the 1968 Act, but subject to the following provisions of this paragraph—

(a) the Acts of 1955 and 1964 shall continue to have effect in relation to any council of any description within section 63(1) of this Act who—
1. (i) at the time when section 63 comes into force are providing a service for the carriage of passengers by road which requires a PSV operator's licence; and
2. (ii) immediately before the date on which that repeal comes into force are granting travel concessions under arrangements made under those Acts to persons travelling on any such service operated by them;
so long as the council retain their bus operating powers and continue to provide that service; and
(b) section 138(2) of the 1968 Act shall continue to have effect for the purpose of authorising any local authority who immediately before that date are contributing to the cost incurred by that council in granting those concessions to continue to do so.

(2) Subject to the following provisions of this paragraph, where in the case of any such council—

(a) any such arrangements ("the former arrangements") are in force immediately before the date on which any scheme or order under Part IV of this Act providing for the transfer to any company or companies of property, rights and liabilities comprised in that council's bus undertaking comes into force; and
(b) that council retain their bus operating powers during any period after that date;

the council may reimburse the cost incurred by any company to which any public service vehicles formerly used or appropriated for use for the purposes of the council's bus undertaking are transferred under the scheme or order in granting travel concessions at any time during that period in accordance with arrangements made with that company ("the new arrangements") which meet the requirements of sub-paragraph (3) below. (3) Subject to the following provisions of this paragraph, the travel concessions to be granted under the new arrangements—

(a) shall correspond to the travel concessions available under the former arrangements; and
(b) shall be available in respect of journeys on public service vehicles transferred to the company in question under the scheme or order and used in operating services on routes to which the former arrangements applied.

(4) In any case to which sub-paragraph (2) above applies any local authority who immediately before the date on which the scheme or order in question comes into force are contributing to the cost incurred by the council in question in granting travel concessions under the former arrangements may contribute to any cost incurred by that council under sub-paragraph (2) above. (5) Sub-paragraph (1) above, and sub-paragraph (2) above so far as relates to travel concessions granted on or after the date on which the repeal by this Act of the Acts of 1955 and 1964 and section 138 of the 1968 Act comes into force—

(a) shall not apply in relation to any council unless there is in operation on that date a scheme established under section 90 808 of this Act by that council, or by authorities who include that council, which covers the whole of that council's area; and
(b) where any such scheme which is in operation on that date subsequently ceases to operate, shall not apply in relation to the granting of travel concessions or (as the case may be) in relation to travel concessions granted at any time after the date on which the scheme ceases to operate.

(6) The travel concessions—

(a) that may be provided under the Acts of 1955 and 1964 by virtue of sub-paragraph (1) above; and
(b) that may be financed by any council under sub-paragraph (2) above;

shall be limited to concessions which correspond to travel concessions available at the time in question under the scheme mentioned in sub-paragraph (5) above. (7) For the purposes of sub-paragraph (3)(a) or (as the case may be) sub-paragraph (6) above, travel concessions correspond to any other travel concessions in question if they are—

(a) of the same value;
(b) available subject to the same terms, limitations or conditions; and
(c) available to persons of the same descriptions;

as those other concessions. (8) A council of any description within section 63(1) of this Act who at the time when that section comes into force are providing a service for the carriage of passengers by road which requires a PSV operator's licence shall be regarded for the purposes of this paragraph as retaining their bus operating powers until section 63(1) has effect in relation to that council. (9) In this paragraph "local authority" has the same meaning as in section 90 of this Act, and expressions to which a meaning is given for any purposes of Part II or Part V of this Act have the same meaning. 20B. During any period after section 101 of this Act comes into force and before the repeal by this Act of section 138 of the 1968 Act comes into force section 15(2)(b) of that Act (approval of Passenger Transport Authority required for reduction or waiver of charges by Executive) shall have effect as if the reference to section 101(2) of this Act (substituted by paragraph 7 of Schedule 6 to this Act for a reference to section 138(1) of that Act) included a reference to section 138(1) of that Act.").

§ The noble Lord said: My Lords, this amendment is designed to provide for an efficient transition to the new system of concessionary fares that will follow deregulation. The amendment provides for existing arrangements to continue up to deregulation and to take account of the decision to allow authorities to compel an operator to participate in the concessionary fares scheme which your Lordships considered at Committee stage. I know the amendment is long but I think it is self-explanatory. The amendments are designed solely to allow authorities to maintain an effective coverage of concessionary fares during and after the transitions. I beg to move

§ On Question, amendment agreed to.

§ [Amendments Nos. 344 to 346 not moved.]

§ Schedule 6 [Minor and consequential amendments]:

§ Lord Brabazon of Tara moved Amendment Nos. 347 to 350. Page 164, line 12, after ("101") insert ("(1)"). Page 164, line 15, after ("15(2) insert ("(b)"). Page 164, line 16, leave out ("alterations by Executive in general level of charges and for"). Page 164, line 19, after ("101") insert ("(2)").

§ The noble Lord said: These are drafting amendments. Amendments Nos. 347, 348 and 350 make reference to Clause 101 and to Section 15(2) of the 1968 Act in paragraphs 6 and 7 more precise and clearer. Amendment No. 349 omits some unnecessary words from the description of Section 15(2) in paragraph 7. I beg to move.

§ On Question, amendments agreed to.

809

§ The Earl of Caithness moved Amendment No. 351:

§ [Printed 14/10/85; col. 393.]

§ The noble Earl said: My Lords, I spoke to this amendment with Amendment No. 3.

§ On Question, amendment agreed to.

§ Following is the text of the amendment (No. 351): Page 164, line 25, leave out from ("services") to end of line 26.

§ The Earl of Caithness moved Amendment No. 352: Page 164, line 26, at end insert— (" . In section 34 of that Act (assistance for rural bus or ferry services)—

(a) in subsection (1) the words "bus service or" shall be omitted; and
(b) after that subsection there shall be inserted the following subsection—

("(1A) The Council of the Isles of Scilly may, on such conditions, if any, as they think fit, afford assistance to any other person, by way of grant, loan or both, for the purpose of securing the provision, improvement or continuance of any bus service if in the opinion of that Council that service is or will be for the benefit of persons residing in rural areas.". . In section 56 of that Act (assistance towards capital expenditure on public transport facilities), for subsection (4) (which excludes grants under the section unless the grant-making authorities are satisfied that the purpose in view accords with general transport planning for the relevant locality) there shall be substituted the following subsection— (4) No grant under subsection (1) of this section shall be made for any purpose unless the Secretary of State is satisfied that the provision, improvement or development of the facilities in question is appropriate in the light of—

(a) any general policies formulated by a Passenger Transport Authority under section 9A(3) or (5) of this Act;
(b) any general policies formulated by a non-metropolitan county council under section 61(1) of the Transport Act 1985 (policies with respect to services to be secured to meet public transport requirements within the county); and
(c) any measures adopted by such a council under subsection (6) of that section (measures for promoting co-ordination of services and convenience of the public in using services for their area);

which are relevant to the need for facilities of the description in question in the locality in which they are, or are to be, provided; and no payment under subsection (2) of this section shall be made for any purpose unless the local authority or local authorities in question are so satisfied." ").

§ The noble Earl said: My Lords, I wish to speak also to Amendment No. 368. Amendment No. 368: Schedule 7, page 170, line 23, column 3, at end insert— ("In section 34(1), the words "bus service or".").

§ These are consequential but useful amendments to Section 34 and Section 56 of the Transport Act 1968. They remove the power of local authorities to grant-aid rural bus services under Section 34. This power has been superseded by subsequent legislation enabling authorities to subsidise bus services generally. This power, however, is preserved for the council of the Isles of Scilly, to which subsequent public transport legislation, including this Bill, has not been applied. The amendments also update the criterion by which the Secretary of State and local authorities should judge whether it is appropriate for them to exercise their power to make grants under Section 56 towards capital expenditure on public transport facilities. The amendments provide that they should do so only if the expenditure is appropriate in the light of authorities' policies for securing services and promoting the use of public transport generally. I beg to move.

§ On Question, amendment agreed to.

810

§ Lord Brabazon of Tara moved Amendment No. 353: Page 164, line 26, at end insert—

("The Post Office Act 1969

8A. Section 7 of the Post Office Act 1969 (Post Office powers) shall be amended as follows—

(a) there shall be substituted for the word "and" at the end of subsection (1)(e) the words—

(ee) with the consent of, or in accordance with the terms of a general authorisation given by, the Secretary of State, to perform, in such parts of post offices as are open to the public for the transaction of postal business, such services for any operator of a public passenger transport service (within the meaning of the Transport Act 1985), or any subsidiary of such an operator, as it thinks fit. being services which are connected with the provision of public passenger transport services; and"; and (b) in subsection (1A)(f), the words from "above" to the end shall be omitted.").

§ The noble Lord said: My Lords, I shall speak at the same time to Amendments Nos. 371 and 381. Amendment No. 371: Schedule 7, page 171, line 17, at end insert—

("1969 c. 48.

The Post Office Act 1969.

In section 7(1A)(f), the 1969. words from "above" to the end.").

Amendment No. 381: Page 173, line 35, after ("5") insert ("6").

§ I am very pleased to move these amendments, which are in response to a commitment made during the Committee stage to my noble friend Lord Henley. We agreed to consider very seriously whether we could amend the Post Office Act to enable post offices to continue to provide counter services in relation to the selling of bus tickets, bus passes and so on. At present the Post Office is empowered to provide counter services for local authority bus undertakings, passenger transport executives, LRT and the National Bus Company. This work has indeed been a successful growth area in recent years.

§ 10.15 p.m.

§ If the Bill were unamended the effect of Pan I and Part III of the Bill would be progressively to prevent the Post Office from doing such work as NBC's operations are transferred to the private sector and the PTE and district council bus undertakings are transferred to public transport companies. This amendment will allow the Post Office in future to perform counter services for all operators of public passenger transport services or their subsidiaries. The power will therefore not be limited as it is now to performing services purely or the public sector operators.

§ I feel sure that this added flexibility for all operators to use the Post Office services will be widely welcomed, not only by the operators but also for the convenience of the customer and because it will bring more business into post offices. Again, I am grateful to my noble friend Lord Henley for having raised this matter in Committee.

§ Lord Henley
My Lords, I thank my noble friend Lord Brabazon for this amendment. I am most grateful to him for introducing it. If I may say a word on behalf of post offices, I am sure that they will be most grateful, too. This amendment will go a considerable way to helping them bring more business into their offices and to maintain their network I am 811 speaking principally of sub-post offices but the same applies to all post offices.

§ On Question, amendment agreed to.

§ The Earl of Caithness moved Amendment No. 354: Page 164, line 26, at end insert—

("The Local Authority Social Services Act 1970

. At the end of section 5(6) of the Local Authority Social Services Act 1970 (definition of "disqualified" in relation to membership of a social services committee) there shall be inserted the words "or under section 71 of the Transport Act 1985 (disabilities of directors of public transport companies) ".").

§ The noble Earl said: My Lords, this amendment extends the disqualifications under Section 5(6) of the Local Authority Social Services Act 1970 to include paid directors of public transport companies. I beg to move.

§ On Question, amendment agreed to.

§ The Earl of Caithness moved Amendments No. 355 and 356: Page 166, line 2, leave out (" (7) ") and insert (" (8) "). Page 166, line 6, leave out (" (7) ") and insert (" (8) ").

§ The noble Earl said: My Lords, these two amendments are consequential changes to subsection numbers which arise from the restructuring of the travel concession clauses at Committee stage. I beg to move.

§ On Question, amendments agreed to.

§ The Earl of Caithness moved Amendment No. 357: Page 167, line 3, at end insert— (" (5A) In section 17(4) (traffic commissioners not to take action under section 17(1) or (2) without first holding public sitting) for the words "a public sitting" there shall be substituted the words "an inquiry".").

§ The noble Earl said: My Lords, this is a technical amendment. I beg to move.

§ On Question, amendment agreed to.

§ The Earl of Caithness moved Amendment No. 358:

§ [Printed 14/10/85; col. 398.]

§ The noble Earl said: My Lords, I spoke to this amendment when moving Amendment No. 5. I beg to move.

§ On Question, amendment agreed to.

§ Following is the text of the amendment (No. 358): Page 167, line 9, leave out sub-paragraph (7).

§ Lord Brabazon of Tara moved Amendment No. 359:

§ [Printed 14/10/85; col 411.]

§ The noble Lord said: My Lords, I spoke to this amendment when moving Amendment No. 13. I beg to move.

§ On Question, amendment agreed to.

§ Following is the text of the amendment (No. 359): Page 167, line 11, at end insert— (" (7A) In section 56(1) (records of licences etc.) there shall be added, at the end, the words "and shall allow the record to be inspected at all reasonable times by members of the public".").

812

§ The Earl of Caithness moved Amendment No. 360:

§ [Printed 16/10/85; col. 611.]

§ The noble Earl said: My Lords, I spoke to this amendment with Amendment No. 117. I beg to move.

§ On Question, amendment agreed to.

§ Following is the text of the amendment (No. 360): Page 167, line 35, leave out ("161 of the Companies Act 1948") and insert ("389 of the Companies Act 1985").

§ The Earl of Caithness moved Amendment No. 360A: Page 168, leave out lines 23 to 31 and insert— (" "(3) Without prejudice to paragraph 5 of Schedule 1 to this Act, the grant of a taxi licence may be refused by a licensing authority for the purpose of limiting the number of taxis in respect of which licences are granted by them if, but only if, they are satisfied that there is no significant demand for the services of taxis in their area which is unmet." ").

§ The noble Earl said: My Lords, this amendment does for Scottish taxi licensing legislation what Amendments Nos. 33A and 34A did for Clause 16(2). Since this amendment is in that sense consequential on issues which are no different in Scotland which have already been discussed at some length, I am sure that the House will not want to go into them again now. I beg to move.

§ On Question, amendment agreed to.

§ The Earl of Caithness moved Amendment No. 361: Page 168, line 38, at end insert— (" . In section 55(3) of that Act (definitions of expressions used in the penalty fares provisions), for the definition of "bus service" there shall be substituted the following—

" "bus service" means a local service within the meaning of the Transport Act 1985 other than an excursion or tour within the meaning of that Act;".

. In section 68 of that Act (interpretation), the definitions of "London bus service" and "road service licence" shall be omitted. . In Schedule 5 to that Act (transitional provisions and savings)—

(a) at the end of paragraph 10 there shall be added the following sub-paragraph—

"(9) In this paragraph and paragraphs 11 and 12 below—

(a) "London bus service" has the same meaning as in Part II of the Transport Act 1985; and
(b) "London local service licence" means a London local service licence under that Part of that Act.";

(b) for the word "road", in each place where it occurs in paragraphs 11 and 12, there shall be substituted the words "London local";
(c) in paragraph 11 (4) the words from "(and shall accordingly" to the end shall be omitted;
(d) in paragraph 12(3), for the words "the Public Passenger Vehicles Act 1981" there shall be substituted the words "Part II of the Transport Act 1985";
(e) in paragraph 12(4), for the words "31 (2) to (4), 34 and 35" there shall be substituted the words "37(2) and (3) and 39";
(f) in paragraph 12(5), for "32(1)" there shall be substituted the words "38(1) and (2)" and for the words "subsection (5)" there shall be substituted the words "subsections (6) and (7)";
(g) paragraph 12(6) shall be omitted; and
(h) in paragraph 12(7), for "37(2)" there shall be substituted "41(1)".").

§ The noble Earl said: In moving this amendment, I should like to speak also to Amendment No. 380. Amendment No. 380: page 173, line 34, column 3, at end insert—

("In section 68, the definitions of "London bus service" and "road service licence".

813

In Schedule 5, in paragraph 11(4) the words from "(and shall accordingly" to the end, and paragraph 12(6).").

§ These amendments both make a number of consequential amendments to the London Regional Transport Act 1984. I beg to move.

§ On Question, amendment agreed to.

§ Schedule 7 [Repeals]:

§ The Earl of Caithness moved Amendment No. 362: Page 169, line 20, leave out from beginning to end of line 22.

§ The noble Earl said: My Lords, this removes the misconceived appeal in the provisions of the Road Traffic Act 1960, which is still needed. I beg to move.

§ On Question, amendment agreed to.

§ The Earl of Caithness moved Amendment No. 363: Page 169, line 30, at end insert—

("In section 92, the definitions of the following expressions—"contract carriage"; "express carriage"; and "stage carriage".").

§ The noble Earl said: My Lords, this is a consequential repeal. I beg to move.

§ On Question, amendment agreed to.

§ Lord Teviot moved Amendment No. 364:

§ [Printed earlier: col. 776.]

§ The noble Lord said: I spoke to this on Amendment No. 274, which is consequential, and I beg to move.

§ On Question, amendment agreed to.

§ Following is the text of the Amendment (No. 364): Page 169, line 33, at end insert—

("1965 c. 25.

I The Finance Act 1965.

I In section 92(1), the words "any bus service".").

§ The Earl of Caithness moved Amendment No. 365: Page 169, line 38, column 3, leave out (" "or, for" ") and insert (" "or with the consent" ").

§ The noble Earl said: My Lords, this is consequential on an amendment to Schedule 3, paragraph 4(b) which your Lordships approved on Committee stage. I beg to move.

§ On Question, amendment agreed to.

§ Lord Brabazon of Tara moved Amendment No. 366:

§ [Printed 16/10/85; col 575.]

§ The noble Lord said: My Lords, I spoke to this amendment with Amendment No. 90, and I beg to move.

§ On Question, amendment agreed to.

§ Following is the text of the amendment (No. 366): Page 169, line 44, column 3, leave out from ("14(3)") to end of line 46 and insert—

("as it applies to Scotland, the words "for the designated area".").

814

§ Lord Brabazon of Tara moved Amendment Nos. 366A and 367:

§ [Printed 16/10/85; col. 609.]

§ The noble Lord said: My Lords, I spoke to these amendments with Amendment No. 111A. I beg to move the two amendments en bloc.

§ On Question, amendments agreed to.

§ Following is the text of the amendments (Nos. 366 A and 367): Page 170, line 5, column 3, at end insert— Section 15A(1)."). Page 170, line 19, column 3, leave out from ("and") to the end of line 21 and insert ("subsections (3) to (6).").

§ The Earl of Caithness moved Amendments Nos: 368 to 370:

§ [(368) Printed earlier: col. 809.]

§ [(369) Printed 14/10/85; col. 393.]

§ [(370) Printed 14/10/85; col. 393.]

§ The noble Earl said: My Lords, I beg to move Amendment No. 368, and at the same time, with the leave of the House, move Amendments Nos. 369 and 370, which are all consequential amendments.

§ On Question, amendments agreed to.

§ Following is the text of the amendments (Nos. 368 to 370):

Page 170, line 23, column 3, at end insert—
	("In section 34(1), the words "bus service or".").
Page 170, line 37, column 3, at end insert—
	("In section 103(1), the definition of "licensing authority." ").
Page 170, line 39, column 3, leave out ("definition of "area bus service"") and insert—
	("definitions of the following expressions—
	"area bus service"; excursion or tour"; express carriage" and "stage carriage"; and "road service licence".").

§ The Earl of Caithness moved Amendment No, 371:

§ [Printed earlier: col. 810.]

§ On Question, amendment agreed to.

§ Following is the text of the amendment (No. 371): Page 171, line 17, at end insert—

("1969 c. 48.

The Post Office Act 1969.

In section 7(1A)(f), the 1969. words from "above" to the end.").

§ The Earl of Caithness moved Amendment No. 372: Page 171, line 34, column 3, at beginning insert— ("In section 4(4)(e), the words from "established" to the end.").

§ The noble Earl said: My Lords, this amendment inserts an additional repeal. I beg to move.

§ On Question, amendment agreed to.

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§ The Earl of Caithness moved Amendment no. 373:

§ [Printed 14/10/85; col. 393.]

§ Following is the text of the amendment (No. 373): Page 171, line 33, at end insert—

("1980 c. 34.

The Transport Act 1980.

In Schedule 5, in Part II, the paragraph amending the Transport Act 1968.").

§ On Question, amendment agreed to.

§ The Earl of Caithness moved Amendments Nos. 374 to 378:

§ [(374) Printed 14/10/85; col. 398.]

§ [(375) Printed 14/10/85; col. 411.]

§ [(376) Printed 14/10/85; col. 411.]

§ [(377) Printed 14/10/85l col. 454.]

§ [(378) Printed 16/10/85; col. 630.]

§ The noble Earl said: My Lords, I believe the remaining amendments are consequential amendments on those which have already been agreed up to No. 378, and I beg to move.

§ On Question, Amendments agreed to.

§ Following is the text of the amendments (Nos. 374 to 378): Page 172, line 7, at end insert ("and the words "or section 45"."). Page 172, line 8, column 3, leave out ("(1)") and insert ("in subsection (1)"). Page 172, line 9, column 3, at end insert ("and subsection (2)").

Page 172, line 31, column 3, at end insert—
	("In section 61(2) the words "section 59 or 60 of" ").
Page 173, line 31, column 3, at beginning insert—
	("In section 28, in subsection (1) paragraph (d) and the word "or" immediately preceding it, and in subsection (2) the words "and the council of any district".").'

§ The Earl of Caithness moved Amendment No. 379: Page 173, line 32, column 3, leave out ("50(8)(a)") and insert ("50, subsections (2) and (6) and, in subsection (8)(a), subparagraph (i) and").

§ The noble Earl said: My Lords, this is another technical amendment, and I beg to move.

§ On Question, amendment agreed to.

§ The Earl of Caithness moved Amendments Nos. 380 to 387:

§ [(380 and 381) Printed earlier: cols. 812 and 810.]

§ [(382) Printed 16/10/85; col. 575.]

§ [(383) Printed 16/10/85; col. 575.]

§ [(384 to 386) Printed above.] Amendment No. 387: In the Title: line 7, at end insert ("to make further provision with respect to the powers of London Regional Transport").

§ The noble Earl said: I beg to move Amendments nos. 380 to 387 en bloc. These are all consequential on earlier amendments.

§ On Question, amendments agreed to.

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§ Following is the text of the amendments (Nos. 380 to 386):

Page 173, line 34, column 3, at end insert—
		("In section 68, the definitions of "London bus service" and "road service licence".
		In Schedule 5, in paragraph 11(4) the words from "(and shall accordingly" to the end, and paragraph 12(6).").
Page 173, line 35, after ("5") insert ("6").
Page 173, line 36, at end insert—
("1985 c.51.	The Local Government Act 1985.	In section 42(1)(c), the words "which is or was coterminous with a metropolitan county".
		In Schedule 12, paragraphs 1, 2, 3(2) and 4.
		In Schedule 14, paragraph 59(1)(e).").

Clause 132, page 134, line 14, after ("section") insert (", section (Local government reorganisation: transport functions) of this Act"). Page 134, line 17, at end insert (" (including different purposes of he smae provision) "). Page 134, line 28, leave out ("except section 109(1)(a) and (2) ") and insert (", with the exceptions mentioned in subsection (6) below,"). Page 134, line 29, at end insert— (" (6) Those exceptions are—

section 109(1)(a) and (2); and
section 110.").

§ Lord Henderson of Brompton moved Amendment No. 388: In the Title: line 11, after ("1985") insert ("to establish a Disabled Person's Transport Advisory Committee").

§ The noble Lord said: My Lords, on behalf of the noble Baroness, Lady Lane-Fox, I beg to move the amendment which stands in her name on the Marshalled List. This amendment is consequential.

§ On Question, amendment agreed to.

§ House adjourned at twenty-four minutes past ten o'clock.