BC25 - Vale of Glamorgan County Council
Dear Sirs,
Consultation – Proposed Provision of Bus and Coach Services
Legislative Competence Order
I refer to your letter dated 25th July, 2008 inviting comments on the above consultation.
Please find attached, a report due to go before the Council’s Cabinet on 1st October, 2008, which outlines the Council’s response to the consultation questions.
Should Cabinet change this report or the appendix on the 1st October, I will be in contact.
Please can you confirm safe receipt and keep the Council informed of any progress on this matter.
Yours faithfully,
Emma Harvey
Operational Manager
Planning and Transportation Policyfor Head of Service
Enclosure
The Vale of Glamorgan Council
Cabinet Meeting: 1st October 2008
Report of the Director of Environmental and Economic Regeneration
Proposed Provision of Bus and Coach Services Legislative Competence Order (LCO)
Purpose of the Report
To advise Cabinet of a proposed LCO relating to the provision of bus and coach services in Wales and to provide a response to the proposed LCO.
Recommendations
That Cabinet endorse the outlined at Appendix A to this report is endorsed.
That Cabinet agree to a further report being presented to Cabinet in due course on the results of the consultation exercise for the Proposed Provision of Bus and Coach Services Legislative Competence Order and any final proposed LCO.
Reasons for the Recommendations
To endorse the Council’s response to the Proposed Provision of Bus and Coach Services Legislative Competence Order.
To advise Cabinet of the Welsh Assembly Government’s proposed way forward on the Proposed Provision of Bus and Coach Services Legislative Competence Order.
Background
On the 25th July 2008 the Council was invited to make comments on the Proposed Provision of Bus and Coach Services Legislative Competence Order. The response to the proposed Order must be sent to the Welsh Assembly Government by 30th September 2008. The response to the Order takes the form of a questionnaire which is attached at Appendix A.
The Government of Wales Act 2006 (“the 2006 Act”) provides a mechanism for the Assembly to acquire, on a case-by-case basis, more powers to make its own laws. The ability of the Assembly to make these laws is known as its “legislative competence”. In the 2006 Act, the legislative competence of the Assembly is defined by reference to “fields” and “matters”.
A “field” is a broad subject area, e.g. highways and transport.
A “matter” is a specific defined policy area within a field.
In the areas in which it has legislative competence, the Assembly can make its own laws, known as “Measures”. A Measure will have similar effect to an Act of Parliament.
Relevant Issues and Options
Huw Lewis, Labour Assembly Member for Merthyr Tydfil and Rhymney has proposed a LCO on Bus and Coach Services which if finalised will enable the devolution of further law making powers to the WAG.
Cabinet will be aware that following the implementation of the Transport Act 1985 local bus services were deregulated. London, however, retained regulated services via a franchise system operated by London Transport, now known as Transport for London.
Since 1986 bus services have been provided commercially where viable by bus operators. Socially necessary bus services which are not commercially viable have been provided by the local authority where resources allow.
The proposed LCO on buses and coaches would insert into the Highways and Transport Field: The provision of bus and coach services. The proposed policy objectives of this Order would be to reintroduce a public service ethos to public transport provision, requiring local authorities to ensure that communities are well served by a regular, modern and safe bus service. This will help create a genuinely integrated public transport system in Wales, specifically ensuring that less profitable but socially valuable routes are properly served. These new requirements on local authorities regarding bus services may be met through one or a combination of private, public or co-operative/mutual models
Therefore, if the LCO were successful, it would make it possible for the Assembly to bring forward Assembly Measures to introduce bus franchising in Wales, similar to the London Transport model. This could give more power to Local Government and the Welsh Assembly Government in relation to the level of service required from successful bus franchise operators, including the provision of commercial and non-commercial routes. These arrangements could allow for an element of cross-subsidy of routes. A Measure to improve school transport safety including higher vehicle standards and vehicle and driver checks would also be possible. It could also make it possible to bring forward other Measures within the competence sought, such as drivers’ hours and licensing.
The proposed response to the LCO on buses and coaches (which is not supportive of the proposal) is attached at Appendix A. It should be noted that Sewta is also responding to the consultation and their response is likely also to be negative and therefore similar to that attached at Appendix A.
Resource Implications (Financial and Employment)
The proposed Legislative Competence Order on Buses and Coaches is not clear on resource implications but it is likely that the resources currently identified for bus services and possibly public transport infrastructure could change (either up or down). This could have an impact on the SSA for transport the Council receives as well as the public transport grants.
Legal Implications (to Include Human Rights Implications)
The Government of Wales Act 2006 (“the 2006 Act”) provides a mechanism for the Assembly to acquire, on a case-by-case basis, more powers to make its own laws. The ability of the Assembly to make these laws is known as its “legislative competence”. In the 2006 Act, the legislative competence of the Assembly is defined by reference to “fields” and “matters”
A “field” is a broad subject area, e.g. highways and transport.
A “matter” is a specific defined policy area within a field.
In the areas in which it has legislative competence, the Assembly can make its own laws, known as “Measures”. A Measure will have similar effect to an Act of Parliament.
Crime and Disorder Implications
.Public transport assists in the provision of a safe way for the population to travel.
Equal Opportunities Implications (to include Welsh Language issues)
Public transport is of particular importance to those sections of the community who may not have direct access to private transport.
Corporate/Service Objectives
To provide reliable, efficient, safe and value for money bus services.
Policy Framework and Budget
This report is a matter for Executive decision by Cabinet.
Consultation (including Ward Member Consultation)
No ward member consultation has been undertaken as the report has implications for the whole of Vale of Glamorgan rather than for specific wards.
Relevant Scrutiny Committee
Economy and Environment.
Background Papers
Letter and enclosure from the Welsh Assembly Government dated 25th July, 2008 in respect of the Proposed Provision of Bus and Coach Services Legislative Competence Order.
Contact Officer
Emma Harvey – Operational Manager, Planning and Transportation Policy -Tel No 01446 704673
Officers Consulted
Legal Services – Committee Reports
Financial Services
Operational Manager, Highway Maintenance
Operational Manager, Engineering Design and Procurement
Responsible Officer:
Rob Quick, Director of Environmental and Economic Regeneration
