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Amendments to the Transport Bill

Transport Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Transport Bill to be moved in Committee in the House of Lords.

  
Clause 3
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 2, line 42, leave out from ("area") to end of line 43 
     Page 3, line 9, leave out subsection (5) 
  
Clause 4
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 3, line 38, at end insert--
    ("(e)  may be granted subject to such conditions as may be specified.")
 
  
Clause 7
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 5, line 28, at end insert--
 
    ("(1A)  In particular, provision of the following kinds may be included--
    (a)  provision requiring the licence holder to enter into an agreement for a purpose specified in the licence and provision for determining the terms of the agreement;
    (b)  provision requiring the licence holder to comply with any requirements imposed at any time (by directions or otherwise) by a person with respect to any matter specified, or of a description specified, in the licence;
    (c)  provision requiring the licence holder, except in so far as a person consents to its doing or not doing them, not to do or to do such things as may be specified, or of a description specified, in the licence;
    (d)  provision requiring the licence holder to refer to a person for approval or determination such matters as may be specified, or of a description specified, in the licence.
    (1B)  A reference in subsection (1A) to a person is to--
    (a)  a person specified, or of a description specified, in the licence for the purpose concerned, or
    (b)  if the licence so provides, a person nominated for the purpose concerned by a person falling within paragraph (a);
and any of those persons may be the licence authority or some other person.")
 
  
Clause 14
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 10, line 9, leave out ("concerned are not appropriate") and insert ("set out in the notice are not the modifications which are needed") 
  
Clause 15
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 10, line 41, leave out ("may") and insert ("must") 
     Page 11, line 1, leave out ("may") and insert ("must") 
     Page 11, line 26, leave out from ("Commission") to end of line 27 and insert ("must--
    (a)  publish a notice in such manner as the Commission thinks appropriate for bringing the matters to which it relates to the attention of persons likely to be affected by the modifications, and
    (b)  serve a copy of the notice on the licence holder, a copy on the Secretary of State and a copy on the CAA.
    (7)  The notice under subsection (6) must--
    (a)  state that the modifications have been made,
    (b)  set them out, and
    (c)  set out the reasons for making them.")
 
  
After Clause 15
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Insert the following new Clause-- 
     ("  .--(1) The Competition Commission must exercise its functions under section 15(2) and (3) in the manner it thinks best calculated--
    (a)  to further the interests of operators and owners of aircraft, owners and managers of aerodromes, persons travelling in aircraft and persons with rights in property carried in them;
    (b)  to promote efficiency and economy on the part of licence holders;
    (c)  to secure that licence holders will not find it unduly difficult to finance activities authorised by their licences;
    (d)  to take account of any international obligations of the United Kingdom notified to the CAA by the Secretary of State (whatever the time or purpose of the notification) and notified to the Commission by the CAA;
    (e)  to take account of any guidance on environmental objectives given to the CAA by the Secretary of State after the coming into force of this section and notified to the Commission by the CAA;
    (f)  to impose on licence holders the minimum restrictions which are consistent with the exercise of the Commission's functions (including the above paragraphs).
    (2)  These interests are the only ones to be considered under subsection (1)(a)--
    (a)  interests regarding safety;
    (b)  interests regarding the range, availability, continuity, cost and quality of air traffic services.
    (3)  The reference in subsection (1)(a) to furthering interests includes a reference to furthering them (where the Commission thinks it appropriate) by promoting competition in the provision of air traffic services.
 
    (4)  If in a particular case there is a conflict in the application of the provisions of subsections (1) to (3), in relation to that case the Commission must exercise its functions under section 15(2) and (3) in the manner it thinks is reasonable having regard to the provisions of subsections (1) to (3) as a whole.")
Commission's duty as to modifications under section 15.
     Insert the following new Clause-- 
     ("  .--(1) The provisions listed in subsection (2) apply in relation to the exercise by the Commission of its functions under section 14 or 15 as if--
    (a)  references in section 82(1) and (2) of the 1973 Act to a report of the Commission under that Act were references to a notice under section 14(4) or 15(4) or (6) above;
    (b)  references in section 85 of the 1973 Act to an investigation on a reference made to the Commission under that Act were references to an investigation by the Commission for the purposes of exercising its functions under section 14 or 15 above;
    (c)  the reference in section 93B of the 1973 Act to the Commission's functions under Part IV, V, VI or VIII of that Act were a reference to its functions under section 14 or 15 above.
    (2)  The provisions are--
    (a)  sections 82(1) and (2) of the 1973 Act (exclusion of certain matters and absolute privilege);
    (b)  section 85 of the 1973 Act (witnesses and documents);
    (c)  section 93B of the 1973 Act (false or misleading information);
Sections 14 and 15: general.
 
    (d)  section 24 of the Competition Act 1980 (modification of provisions about Commission's general functions);
1980 c. 21.
 
    (e)  Part II of Schedule 7 to the Competition Act 1998 (Commission's general functions).
1998 c. 41.
     (3)  The 1973 Act is the Fair Trading Act 1973.")1973 c. 41.
  
Clause 31
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 21, line 14, after ("contravention") insert ("of a section 8 duty or") 
     Page 21, line 18, at end insert--
 
    ("(3)  A section 8 duty is a duty imposed on a licence holder by section 8.")
 
  
Clause 32
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 21, line 28, leave out ("direction or determination made or") and insert ("requirement or determination made or direction,") 
  
Clause 48
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 32, line 27, at end insert--
 
    ("(  )  Grounds on which the Secretary of State may be satisfied that a scheme is in place as mentioned in subsection (3) include the grounds that the arrangements for the disposal of the shares include provision obliging the person acquiring them to ensure the completion of the project.
 
    (  )  For the purposes of this section a project concerns the development of major facilities if (and only if) the Secretary of State thinks that the value of the project is above £200 million.")
 
  
Schedule 6
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 187, line 48, at end insert--
    ("(  )  an instrument or instruments under paragraph 9;")
 
     Page 188, line 1, leave out from ("effect") to end of line 3 and insert ("in relation to an agreement under paragraph 11 by virtue of sub-paragraph (1), sub-paragraph (2)(b) of paragraph 14 shall be disregarded.") 
     Page 188, line 7, after ("11,") insert--
    ("(  )  an instrument under paragraph 9,")
 
     Page 188, line 10, at end insert ("or the instrument") 
  
Schedule 7
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 195, line 13, after ("6,") insert--
    ("(  )  an instrument executed under paragraph 9 of Schedule 6,")
 
     Page 195, line 24, after ("6") insert ("or is effected by an instrument executed under paragraph 9 of that Schedule") 
     Page 195, line 33, after ("agreement") insert ("or instrument") 
     Page 195, line 34, after ("agreement") insert ("or instrument") 
  
Clause 63
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 42, line 16, leave out subsections (5) and (6) 
     Page 42, line 30, leave out from ("subsection") to end of line 32 
  
After Clause 63
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Insert the following new Clause-- 
     ("  .--(1) The Secretary of State may nominate a member of the CAA for the purposes of this section, and in this section references to the national security nominee are to the person nominated under this section.
 
    (2)  Subsection (3) applies if--
    (a)  there is a difference of opinion between the national security nominee and the CAA,
    (b)  the difference of opinion relates to the CAA's air navigation functions, and
    (c)  the national security nominee thinks that if the CAA's opinion prevailed it could have an effect contrary to the interests of national security.
    (3)  In such a case--
    (a)  the CAA must refer the matter to the Secretary of State, and
    (b)  after consulting the CAA the Secretary of State may give it such directions regarding the matter as he thinks fit.
    (4)  The national security nominee may authorise a member or employee of the CAA to perform on his behalf the functions which he is to perform by virtue of this section; and while such an authorisation is effective references in subsection (2) to the national security nominee are to the person authorised under this subsection.")
National security.
  
Clause 65
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 42, line 44, leave out ("or (6) or section") and insert (", (National security)(3) or") 
     Page 43, line 1, leave out ("or (6) or section") and insert (", (National security)(3) or") 
     Page 43, line 11, leave out ("63(6)") and insert ("(National security)(3)") 
  
Clause 68
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 45, line 7, leave out ("provide air traffic services") and insert ("carry out activities with regard to air navigation") 
  
Schedule 9
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 200, line 7, at end insert--
    ("(  )  for the purpose of facilitating the performance of any function of the European Commission in respect of Community law about competition;")
 
     Page 200, line 25, at end insert--
    ("(  )  the Independent Television Commission;")
 
     Page 200, line 45, at end insert-- 
 
    ("(  )  the Broadcasting Act 1990;")
1990 c. 42.
     Page 201, line 1, at end insert--
    ("(  )  any subordinate legislation made for the purpose of securing compliance with Articles 84 and 85 of the Treaty establishing the European Community;")
 
  
After Clause 96
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Insert the following new Clause-- 
     ("  .--(1) The provisions mentioned in subsection (2) bind the Crown.
 
    (2)  The provisions are--
    (a)  section 3;
    (b)  sections 23 to 27 and 30;
    (c)  sections 38, 39, 41, 42 and 57;
Crown application.
 
    (d)  Chapter V, to the extent that it applies or modifies the operation of provisions of the Competition Act 1998;
    (e)  sections 86 to 88;
    (f)  section 96, so far as relating to other provisions of this Part which bind the Crown;
1998 c. 41.
 
    (g)  Schedule 1, to the extent that it applies, amends or modifies the operation of provisions of the Insolvency Act 1986 which bind the Crown so far as affecting or relating to the matters specified in paragraphs (a) to (e) of section 434 of that Act;
    (h)  Schedule 2;
1986 c. 45.
 
    (i)  Schedule 3, to the extent that it applies, amends or modifies the operation of provisions of the Insolvency (Northern Ireland) Order 1989 which bind the Crown so far as affecting or relating to the matters specified in paragraphs (a) to (e) of Article 378 of that Order;
    (j)  Schedule 6.
    (3)  Her Majesty may by Order in Council apply, with or without modification, any of the provisions mentioned in subsection (4) to any aircraft belonging to or exclusively employed in the service of Her Majesty.
 
    (4)  The provisions are--
    (a)  Chapter IV (except section 75);
    (b)  any order or regulations under any provision mentioned in paragraph (a).
S.I. 1989/2405 (N.I.  19).
     (5)  This section (except so far as it relates to Chapter V) has effect subject to section (The Crown: other provisions); and, so far as it relates to Chapter V, it has effect subject to section 73 of the Competition Act 1998.")1998 c. 41.
     Insert the following new Clause-- 
     ("  .--(1) No contravention by the Crown of a provision contained in or made under this Part shall make the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.
 
    (2)  Notwithstanding subsection (1), the provisions contained in or made under section 3(1), 86(7) or 87(5) apply to persons in the public service of the Crown as they apply to other persons.
 
    (3)  However, section 3(1) does not apply if the services there mentioned are provided by or on behalf of the armed forces of the Crown; and the person to whom and aircraft for which the services are provided are immaterial.
The Crown: other provisions.
     (4)  Nothing in section (Crown application) or this section affects Her Majesty in her private capacity; and this subsection must be construed as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act.")1947 c. 44.
 
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