Clause 35 — Appeals relating to exempt variations 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. 245, page 32, leave out lines 35 to 39 and insert—

'(1) This section applies where an authority or authorities who propose to vary a quality contracts scheme under section 132—

(a) decide that the proposal is an exempt variation for the purposes of that section, and

(b) acting on the basis of that decision, decide to vary the scheme under that section.'.

No. 246, page 32, line 40, leave out from 'person' to 'may' in line 41 and insert 'falling within subsection (2A)'.

No. 247, page 33, line 2, at end insert—

'(2A) The persons are—

(a) any person who was consulted under section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132),

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

No. 248, page 33, line 2, 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. 249, page 33, line 2, 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. 250, page 33, leave out lines 6 to 10 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, to the extent of the variation made by the authority or authorities, 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.'.

No. 251, page 33, leave out lines 15 to 17 and insert—

'(b) as respects those matters, consult or further consult the persons mentioned in section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132),'.

No. 252, page 33, line 18, leave out 'modifications' and insert 'variations'.

No. 253, page 33, line 19, at end insert—

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

No. 254, page 33, leave out lines 20 to 26 and insert—

'(5) If, on an appeal under paragraph (a) or (b) of subsection (2), the Tribunal decide that the variation was not an exempt variation for the purposes of section 132—

(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 proposed variation under section 132 is not an exempt variation,

(b) directions to make variations specified in the directions for the purpose of securing that the condition in paragraph (a), (b) or (c) of section 132(11) (meaning of "exempt variation") is met in the case of the variation,

(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 132, 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 cases where the Tribunal decide that the variation or proposed variation was not an exempt variation for the purposes of section 132.".'..— [Paul Clark.]

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