Skip to main content

Departmental Legislation

Volume 502: debated on Monday 7 December 2009

To ask the Minister of State, Department for Transport what criminal offences have been (a) abolished and (b) created by primary legislation sponsored by his Department since 1 May 2008. (303257)

No criminal offences have been abolished by primary legislation falling within the scope of the question.

A number of criminal offences have been created by the Crossrail Act 2008 and the Local Transport Act 2008. These are:

Crossrail Act 2008 (c. 18)

1. Schedule 4, paragraph 2(2) - creates an offence of installing an electric line above ground without prior consent.

2. Schedule 12, Part 4, paragraph 18(6) - creates an offence of intentionally altering, suppressing or destroying a document which has been required to be produced by a notice served by the Secretary of State for Transport where a transfer scheme is proposed (such schemes provide for the transfer of property, rights and liabilities).

Local Transport Act 2008 (c.26)

1. Section 44 - will, when in force, insert a new section 134B(11) into the Transport Act 2000 (c. 38). Section 134(B)(11) will create an offence in relation to the provision of information that is false or misleading by a person operating local services. It is expected that section 44 will be brought into force in January 2010.

2. Section 55 - amended section 36 of the Disability Discrimination Act 1995 (c.50) to impose new duties on the drivers of certain taxis and private hire vehicles. Breach of the duties is a criminal offence and so the effect of section 55 is to expand the scope of an existing offence.

3. Section 115 - amended section 174 of the Transport Act 2000 and paragraph 25 of Schedule 23 to the Greater London Authority Act 1999 (c.29) to make it an offence, in particular circumstances, to interfere with the functioning of any equipment to do with road user charging. It was already an offence to interfere with the equipment itself.

The following have not been included in this answer as they are not considered to be covered by the scope of the question:

(a) provisions in primary legislation which enable secondary legislation to be made (and offences to be included in that legislation); and

(b) provisions which change the penalties for contravening existing offences (including in particular circumstances, for instance where the offence is Crossrail related).