Localism Bill

32: After Clause 10, insert the following new Clause— ““Integrated Transport Authorities and Passenger Transport Executives (1) After section 98 of the Local Transport Act 2008, insert— ““CHAPTER 2A General powers 98A General powers of Integrated Transport Authority (1) An Integrated Transport Authority (““ITA””) may do— (a) anything it considers appropriate for the purposes of the carrying-out of any of its functions, or otherwise for the purpose of improving the effectiveness and efficiency of transport in, through, to or from any part of the integrated transport area (its ““functional purposes””), (b) anything it considers appropriate for purposes incidental to its functional purposes, (c) anything it considers appropriate for purposes indirectly incidental to its functional purposes through any number of removes, (d) anything it considers to be connected with— (i) any of its functions, or (ii) anything it may do under paragraph (a), (b) or (c), and (e) for a commercial purpose or otherwise anything which it may do under any of paragraphs (a) to (d) otherwise than for a commercial purpose and to do it anywhere in the United Kingdom or elsewhere. (2) An ITA’s power under subsection (1) is in addition to, and is not limited by, the other powers of the ITA. 98B Boundaries of the general power (1) Section 98A(1) does not enable an ITA to do— (a) anything which the ITA is unable to do by virtue of a pre-commencement limitation, or (b) anything which the ITA is unable to do by virtue of a post-commencement limitation which is expressed to apply— (i) to its power under section 98A(1), (ii) to all of the ITA’s powers, or (iii) to all of the ITA’s powers but with exceptions that do not include its power under section 98A(1). (2) If the exercise of a pre-commencement power of an ITA is subject to restrictions, those restrictions apply also to the exercise of the power conferred on the ITA by section 98A(1) so far as it is overlapped by the pre-commencement power. (3) Where under section 98A(1) an ITA does things for a commercial purpose, it must do them through— (a) a company within the meaning given by section 1(1) of the Companies Act 2006, or (b) a society registered or deemed to be registered under the Cooperative and Community Benefit Societies and Credit Unions Act 1965 or the Industrial and Provident Societies Act (Northern Ireland) 1969. (4) Section 98A(1) does not authorise an ITA to do things for a commercial purpose in relation to a person if a statutory provision requires the authority to do those things in relation to the person. (5) Section 98A(1) does not authorise an ITA to borrow money. (6) In this section— ““post-commencement limitation”” means a prohibition, restriction or other limitation imposed by a statutory provision that— (a) is contained in an Act passed after the end of the Session in which the Localism Act 2011 is passed, or (b) is contained in an instrument made under an Act and comes into force on or after the commencement of section 98A(1); ““pre-commencement limitation”” means a prohibition, restriction or other limitation imposed by a statutory provision that— (a) is contained in an Act passed no later than the end of the Session in which the Localism Act 2011 is passed, or (b) is contained in an instrument made under an Act and comes into force before the commencement of section 98A(1); ““pre-commencement power”” means power conferred by a statutory provision that— (a) is contained in an Act passed no later than the end of the session in which the Localism Act 2011 is passed, or (b) is contained in an instrument made under an Act and comes into force before the commencement of section 98A(1); ““statutory provision”” means a provision of an Act or of an instrument made under an Act. 98C Power to make provision supplemental to section 98A (1) If the Secretary of State thinks that a statutory provision (whenever passed or made) prevents or restricts ITAs from exercising power conferred by section 98A(1) the Secretary of State may by order amend, repeal, revoke or disapply that provision. (2) If the Secretary of State thinks that the power conferred by section 98A(1) is overlapped (to any extent) by another power then, for the purpose of removing or reducing that overlap, the Secretary of State may by order amend, repeal, revoke or disapply any statutory provision (whenever passed or made). (3) The Secretary of State may by order make provision preventing ITAs from doing under section 98A(1) anything which is specified, or is of a description specified, in the order. (4) The Secretary of State may by order provide for the exercise by ITAs of power conferred by section 98A(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order. (5) The power under subsection (1), (2), (3) or (4) may be exercised in relation to— (a) all ITAs, (b) particular ITAs, or (c) particular descriptions of ITAs. (6) Before making an order under subsection (1), (2), (3) or (4), the Secretary of State must (whether before or after the passing of this Act) consult— (a) such ITAs, (b) such representatives of ITAs, and (c) such other persons (if any), as the Secretary of State considers appropriate. 98D Procedure for orders under section 98C (1) If, as a result of any consultation required by section 98C(5) with respect to a proposed order under section 98C(1), it appears to the Secretary of State that it is appropriate to change the whole or any part of the Secretary of State’s proposals, the Secretary of State must (whether before or after the passing of this Act) undertake such further consultation with respect to the changes as the Secretary of State considers appropriate. (2) If, after the conclusion of the consultation required by section 98C(5) and subsection (1), the Secretary of State considers it appropriate to proceed with the making of an order under section 98C(1) the Secretary of State must lay before Parliament— (a) a draft of the order, and (b) an explanatory document explaining the proposals and giving details of— (i) any consultation undertaken under section 98C(5) and subsection (1), (ii) any representatives received as a result of the consultation, and (iii) the changes (if any) made as a result of those representations. (3) Sections 15 to 19 of the Legislative and Regulatory Reform Act 2006 (choosing between negative, affirmative and super-affirmative parliamentary procedure) are to apply in relation to an explanatory document and draft order laid under subsection (2) but as if— (a) section 18(11) of that Act were omitted, (b) references to section 14 of that Act were references to subsection (2), and (c) references to the Minister were references to the Secretary of State. (4) Provision under section 98C(2) may be included in a draft order laid under subsection (2) and, if it is, the explanatory document laid with the draft order must also explain the proposals under section 98C(2) and give details of any consultation undertaken under section 98C(5) with respect to those proposals. (5) Section 98C(6) does not apply to an order under section 98C(3) or (4) which is made only for the purpose of amending an earlier such order— (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description. 98E Limits on charging in exercise of general power (1) Subsection (2) applies where— (a) an ITA provides a service to a person other than for a commercial purpose, and (b) its providing the service to the person is done, or could be done, in the exercise of the general power. (2) The general power confers power to charge the person for providing the service to the person only if— (a) the service is not one that a statutory provision requires the authority to provide to the person, (b) the person has agreed to its being provided, and (c) the authority does not have power to charge for providing the service. (3) The general power is subject to a duty to secure that, taking one financial year with another, the income from charges allowed by subsection (2) does not exceed the costs of provision. (4) The duty under subsection (3) applies separately in relation to each kind of service.””. (2) Chapter 3 of Part 5 of the Local Transport Act 2008 is repealed. (3) In section 9A of the Transport Act 1968, after subsection (2) insert— ““(2A) Chapter 2A of Part 5 of the Local Transport Act 2008 applies to the Executive of each integrated transport area as it applies to the Authority. (2B) The powers exercisable by an Executive by virtue of subsection (2A) are exercisable by the Executive in its own capacity.”” (4) In section 1(4) of the Local Authorities (Goods and Services) Act 1970, after the words ““and any joint authority established by Part IV of the Local Government Act 1985”” insert ““and any passenger transport executive established under section 9 of the Transport Act 1968””.””