Summary
3.The Act contains measures to create a more integrated transport system and provide for a public-private partnership for National Air Traffic Services Ltd (“NATS”). The Act aims to improve local passenger transport services, and reduce road congestion and pollution. The use of railways will be promoted through the Strategic Rail Authority.
Air Traffic Services
4.The provisions will enable the Government to establish a public-private partnership with a strategic partner from the private sector to deliver air traffic services provided by NATS.
5.The Act allows for the transfer of the ownership of NATS (the UK’s major provider of air traffic services) from the Civil Aviation Authority (“the CAA”) to the ownership of the Secretary of State, the strategic partner and NATS employees. In doing so it will make possible a clear separation between the regulation of safety, which will remain the responsibility of the CAA, and the provision of the services.
6.The CAA will remain the single regulator for aviation with responsibility for safety regulation, economic regulation and air navigation. Air navigation is concerned, inter alia, with the safe and effective use of airspace by commercial, military and leisure users.
7.The Secretary of State for the Environment, Transport and the Regions (“the Secretary of State”) will have powers to issue directions to a licence holder in the interests of national security or international relations and in times of war or great national emergency. Provision is also made for a special administration regime in the event of a serious and sustained breach of one of the duties in section 8 or of a licence condition by a licensed provider, and in the event of its insolvency.
8.Section 3 will make it an offence for a person to provide air traffic services (as defined in section 98) unless he is authorised to do so by an exemption or by a licence granted either by the Secretary of State or by the CAA with the consent of the Secretary of State.
9.It is the Government’s intention to grant a licence for the provision of “en route” air traffic services, that is to say instructions provided to aircraft, to guide them and to maintain safe separation from other aircraft, after they have left the control of the airport from which they have departed and prior to their coming under the control of their destination airport. The Government intends to grant exemptions to providers of other air traffic services, including air traffic control at airports.
Local Transport
10.The Act defines authorities which are to be local transport authorities and imposes a duty on those authorities to prepare and publish a local transport plan setting out their policies for the promotion of safe, integrated, efficient and economic transport facilities in their area, and to develop a bus strategy for carrying out their bus functions.
11.The Act provides for a statutory form of “Quality Partnerships schemes” between bus operators and local transport authorities in the interests of promoting quality public transport, helping limit traffic congestion and improving air quality. The Act will enable local transport authorities to require bus operators to co-operate in the provision of joint ticketing, and will place a duty on local transport authorities to secure the provision of bus passenger information in their area. Local authorities will have the power (subject to the Secretary of State’s consent) to enter into “Quality Contracts schemes”, whereby they specify bus services in a particular area and let contracts for their provision to bus operators.
12.The Act introduces a national concessionary fare. Elderly and disabled people will have the right to half-price local bus fares upon production of a bus pass to be obtained free of charge from their local authority. The Act also gives a more flexible power for the traffic commissioners to impose a financial penalty on bus operators who run unreliably, and it makes various other financial provisions.
Road User Charging and Workplace Parking Levy
13.The Act enables local traffic authorities outside London to introduce road user charges and workplace parking levies to help tackle congestion as part of a local transport plan and requires spending of revenues on measures for improving local transport. It also allows for joint schemes, including ones involving London authorities. It also enables the Secretary of State, and the National Assembly for Wales (“NAW”), to introduce charges on trunk roads complementary to a local authority charging scheme, at the request of the local authority. The Secretary of State and the National Assembly for Wales also have the power to charge on trunk road bridges and tunnels of at least 600 metres in length.
Railways
14.The Act establishes the Strategic Rail Authority (“the Authority”) and abolishes the Office of the Director of Passenger Rail Franchising and the British Railways Board. Provision is made for the transfer to the Authority of the functions, rights and liabilities of the Franchising Director and the residual functions, rights and liabilities of the British Railways Board (including responsibility for the British Transport Police). The Act sets out the objectives and functions of the Authority. The Act also makes provision for the better regulation of the railway industry.
