Clause 78

Part of Local Transport Bill [Lords] – in a Public Bill Committee at 10:00 am on 8th May 2008.

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Photo of Stephen Hammond Stephen Hammond Shadow Minister (Transport) 10:00 am, 8th May 2008

Clause 78 provides that the Secretary of State may by order make provisions about the constitutional arrangements of ITAs, and we have been exploring some of those aspects. It also allows her to make provisions regarding executive arrangements and their functions. With the amendments, I seek some clarity about the role of the executive and the orders the Secretary of State might anticipate making in relation to the executive. Passenger transport areas already have passenger transport executives, which have their own set of statutory powers in part II of the Transport Act 1968. However, it would be possible, as I understand it, to set up a different executive body reporting to the ITA through secondary legislation if the area proposed to do so.

The executive arrangements mentioned in the clause do not have a specified form. Section 11 of the Local Government Act 2000 sets out certain specific forms for such arrangements, but section 11(5) also allows the Secretary of State to specify other forms. It will, therefore, be for each integrated transport authority to make its own proposals about what form executive arrangements should take in its area.

Subsection (5) defines what is meant by executive arrangements in the context of the orders that can be made, but the definition includes

“the functions of the ITA...which may be discharged by a committee of the ITA or by a body other than the ITA”.

I am testing that definition. I am unsure how executive arrangements can include functions that fall outside the remit of the executive body. What functions does the Minister think will be delegated, and in what manner? The amendments are intended to probe and gain clarity about the executive arrangements.