Clause 30 — Continuation of scheme for further period

Orders of the Day – in the House of Commons at 8:30 pm on 27th October 2008.

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Amendments made: No. 209, page 27, line 12, leave out first 'the' and insert 'a quality contracts'.

No. 210, page 27, line 15, leave out from 'must' to end of line 22 and insert

', unless the proposal that the scheme should continue is an exempt continuation proposal (see section 131AA), comply with the requirements of—

(a) section 124(2)(b) (approval by Welsh Ministers), if the scheme is for an area in Wales, or

(b) section 124(2)(c) (publication of request to, and response to report of, QCS board), if the scheme is for an area in England.'.

No. 211, page 27, line 22 , at end insert—

'(2A) Section 125 applies in relation to the continuation of a scheme under this section as it applies in relation to the making of a scheme, but with the following modifications—

(a) any reference to a proposal to make a scheme is to be read as a reference to a proposal for the continuation of a scheme,

(b) any reference to the proposed scheme is to be read as a reference to the scheme as proposed to continue in operation,

and with the further modifications specified in subsections (2B) and (3), but this is subject to such modifications or exclusions as may be prescribed by regulations under section 133.

(2B) If the proposal is an exempt continuation proposal—

(a) section 125(1)(d) (duty to send copy of notice to senior traffic commissioner if scheme relates to area in England) does not apply, but

(b) section 125(3)(e) (duty to consult traffic commissioners for areas to which scheme relates) applies with the omission of the words "if the proposed scheme relates to an area in Wales,".'.

No. 212, page 27, line 23, leave out

'mentioned in subsection (2)(a) must'

and insert

'that is to be published by virtue of section 125(1)(a), as applied by subsection (2A), must (instead of complying with section 125(1A))'.

No. 213, page 27, line 44, leave out from 'exempt' to 'a' in line 45 and insert 'continuation proposal,'.

No. 214, page 28, line 8, at end insert—

'(j) the date by which any written responses to the consultation must be submitted to the authority or authorities.'.

No. 215, page 28, line 8, at end insert—

'(3A) For the purposes of this section—

(a) subsection (1B) of section 125 (matters to be included in the description of the proposed scheme) applies for the purposes of subsection (3)(a) as it applies for the purposes of subsection (1A)(a) of that section, and

(b) subsection (1C) of that section (meaning of "chief finance officer") applies for the purposes of subsection (3)(h) as it applies for the purposes of subsection (1A)(e) of that section.'.

No. 216, page 28, leave out lines 9 to 16.

No. 217, page 28, line 17, leave out '(2)(a)' and insert '(3)'.

No. 218, page 28, line 18, leave out 'subsection (2)' and insert

'section 125(1)(a) and (b) (as applied by this section)'.

No. 219, page 28, line 19, after 'before', insert

'the scheme's expiry date.

(5A) For the purposes of this section, a scheme's "expiry date" is'.

No. 220, page 28, line 24, at end insert—

'(5B) The period for which a scheme continues in operation by virtue of a decision under subsection (1) may begin—

(a) on such day falling before, on, or immediately after the scheme's expiry date as the authority or authorities decide, or

(b) if the circumstances are such that the continuation of the scheme cannot begin on a day falling within paragraph (a), on such later day as the authority or authorities decide in accordance with regulations made by the appropriate national authority for the purposes of such circumstances.'.

No. 221, page 28, line 28, leave out from 'until' to end of line 49 and insert—

'(a) in a case where the scheme is to continue in operation for a further period, the day before the beginning of that period, or

(b) in any other case, the scheme's expiry date.'.

No. 222, page 28, line 49, at end insert—

'( ) Section 130 (tendering) applies to a scheme that continues in operation under this section (whether or not the proposal for the scheme to continue in operation was an exempt continuation proposal) but subject to regulations made by the appropriate national authority under section 133(3).".'..— [Paul Clark.]

After Clause 30

Amendment made: No. 223, page 29, line 1, leave out Clause 31.— [Paul Clark.]

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