Clause 44 — Applications for registration where quality contracts scheme in force

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

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Amendments made: No. 129, page 40, line 3, after 'service', insert

'which is to have one or more stopping places'.

No. 130, page 40, line 10, at end insert—

'(2A) After subsection (7) (variation or revocation of registration) insert—

"(7A) Where—

(a) a quality contracts scheme under section 124 of the Transport Act 2000 is in force,

(b) the operator of a local service registered under this section proposes to vary the registration,

(c) the service, as proposed to be varied, is to have one or more stopping places within the area to which the scheme relates,

(d) the service, as proposed to be varied, is not excluded from the scheme by virtue of section 127(4) of the Transport Act 2000, and

(e) the operator does not propose to provide the service, as proposed to be varied, under a quality contract by virtue of the scheme,

section 6B of this Act has effect with respect to the variation of the registration.".

(2B) In subsection (8) (time when variation etc becomes effective) after "Subject to regulations under this section" insert "and, in the case of variation, to section 6B of this Act,".'.

No. 131, page 40, leave out lines 13 to 25 and insert—

'(1) This section applies—

(a) by virtue of subsection (2B) of section 6 of this Act ("Case 1"), in relation to registration of the proposed local service mentioned in that subsection;

(b) by virtue of subsection (7A) of that section ("Case 2"), in relation to the proposed variation of the registration mentioned in that subsection.

(2) Where this section applies, the operator may apply to a traffic commissioner—

(a) in Case 1, for registration of the proposed service under section 6 of this Act, or

(b) in Case 2, for variation of the registration under that section,

notwithstanding anything in section 129(1)(a) of the Transport Act 2000 (sections 6 to 9 of this Act not to apply).'

No. 132, page 40, line 27, leave out

'the following provisions of this section'

and insert

'subsections (4) to (6) below'.

No. 133, page 40, line 32, leave out 'proposed service' and insert 'application'.

No. 134, page 40, line 32, after 'must', insert '—

(a) in Case 1,'.

No. 135, page 40, line 33, at end insert ', or

(b) in Case 2, vary the registration under that section.'.

No. 136, page 40, line 35, at end insert—

'(6A) In relation to Case 2, regulations may prescribe cases in which subsections (3) to (6) above do not apply.'.

No. 137, page 40, line 37, after 'provision', insert '—

(a) in Case 1,'.

No. 138, page 40, line 38, leave out 'will' and insert ', or

(b) in Case 2, of the local service as proposed to be varied,

will'.— [Paul Clark.]

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