Clause 32 — Appeals relating to exempt proposals for continuation of scheme

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

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Amendments made: No. 224, page 30, leave out lines 39 to 43 and insert—

'(1) This section applies where an authority or authorities who propose that a quality contracts scheme should continue in operation (with or without modifications) under section 131A—

(a) decide that the proposal is an exempt continuation proposal, and

(b) acting on the basis of that decision, decide that the scheme should so continue in operation.'.

No. 225, page 30, line 44, leave out from 'person' to 'may' in line 45 and insert 'falling within subsection (2A)'.

No. 226, page 31, leave out line 2 and insert

'an exempt continuation proposal, or'.

No. 227, page 31, line 4, leave out 'force' and insert 'operation'.

No. 228, page 31, line 4, at end insert—

'(2A) The persons are—

(a) any person who was consulted under section 125(3) (as it applies by virtue of section 131A in a case where the proposal is an exempt proposal),

(b) any person who was not so consulted, but who, in the opinion of the Transport Tribunal, ought to have been so consulted.'.

No. 229, page 31, line 4, at end insert—

'(2B) An appeal under this section may be—

(a) on a point of law, or

(b) on a question of fact.'.

No. 230, page 31, line 4, at end insert—

'(2C) On an appeal under this section the Transport Tribunal shall have power—

(a) to make such order as they think fit, or

(b) to remit any matter (with or without directions) to the authority or authorities for their consideration or determination or for such other purposes as the Tribunal may direct.'.

No. 231, page 31, leave out lines 8 to 13 and insert—

'(b) remit the matter to the authority or authorities with one or more directions under subsection (4),

(c) direct the authority or authorities to vary the scheme, as it continues or is to continue in operation, in such manner as the Tribunal may specify in the direction (but see subsection (4A)),

(d) quash the whole or any part of the decision of the authority or authorities (but see subsection (4B)).'.

No. 232, page 31, leave out lines 18 to 20 and insert—

'(b) as respects those matters, consult or further consult the persons mentioned in section 125(3) as it applies by virtue of section 131A in a case where the proposal is an exempt continuation proposal,'.

No. 233, page 31, line 21, leave out 'modifications of the scheme' and insert

'variations of the scheme, as it continues or is to continue in operation,'.

No. 234, page 31, line 22, at end insert—

'(4A) The Tribunal may give a direction under this section to vary a scheme by reducing the area to which it relates only if they are of the opinion that the conditions in section 132(3) are met.

(4B) The power of the Tribunal under this section to quash a decision of an authority or authorities that a scheme should continue in operation under section 131A is exercisable only if the Tribunal are of the opinion that there are defects in the scheme which are not capable of being remedied by varying the scheme under or by virtue of subsection (3)(b) or (c).'.

No. 235, page 31, leave out lines 23 to 29 and insert—

'(5) If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide that the proposal for the scheme to continue in operation was not an exempt continuation proposal—

(a) they must allow the appeal to that extent,

(b) they must remit the matter to the authority or authorities, with or without directions, and

(c) subsections (6) to (9) have effect.

(6) The directions that the Tribunal may give under this section include—

(a) directions to take any action specified in the directions for the purpose of remedying any failure to comply with requirements of this Part that have effect where a proposal for continuation under section 131A is not an exempt continuation proposal,

(b) directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a) or (b) of subsection (1) of section 131AA (meaning of "exempt continuation proposal") is met in the case of the scheme,

(c) directions authorising the scheme to continue in operation temporarily, with or without variations, for a period specified or described in the directions, but subject to compliance with conditions as to the time within which any particular action specified in directions under this section is to be taken.

(7) Where the Tribunal give directions falling within subsection (6), they may also make provision in the order dispensing with the need to comply with such procedural requirements imposed by or under this Part as they may specify in the order.

(8) If the scheme or proposed scheme relates to an area in Wales, the Tribunal may not make any order which has the effect of—

(a) giving approval under section 126 as it applies by virtue of section 131B, or

(b) dispensing with the need for any such approval,

but this is without prejudice to the temporary provision that may be made in directions falling within subsection (6)(c).

(9) The appropriate national authority may make regulations with respect to the procedure to be followed in relation to a scheme in cases where the Tribunal decide that the proposal for continuation under section 131A was not an exempt continuation proposal.".' .— [Paul Clark.]

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