Clause 43
Local Transport Bill [Lords]
4:00 pm
Stephen Hammond (Shadow Minister, Transport; Wimbledon, Conservative)
I am speaking to a series of amendments dealing with one particular theme, which we discussed when we looked at the quality partnerships part of the Bill. Local authorities have some powers to impose restrictions on bus services that operate in an area where a quality partnership is also in operation. Clause 43 looks at the issue from the other side—that of the prospective traffic commissioner. My amendments are motivated by a concern that some unnecessary and inappropriate restrictions are being placed on traffic commissioners carrying out their functions. Under the provisions of the clause, when the traffic commissioner receives an application for a registration in an area where a quality partnership is in operation, he must first give notice to the authority and the operator or operators party to the new quality contracts scheme. The authority or the operator may make representations to the traffic commissioner, which he must consider in making his decision.
I am trying to see why that provision is necessary. When traffic commissioners decide whether to accept the registration applications made by the operators, they already take into account all local circumstances that might be affected by such a registration. The traffic commissioner will know about the quality partnership in the area, and will bear in mind the impact that he believes additional registrations would have. I am not clear why he needs to be placed under the obligation to take into account additional representations. It seems to me that an element of the clause is telling the traffic commissioner how to do his job, which is neither necessary nor appropriate.