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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 Marshalled List of Amendments to the Transport Bill to be moved in Grand Committee in the House of Lords.

     Pursuant to the Order of 20th June 2000, the amendments have been marshalled in accordance with the instruction of 7th June 2000, as follows-- 
 Clauses 1 to 27
Schedules 1 and 2
Clauses 28 to 30
Schedule 3
Clauses 31 to 33
Schedule 4
Clause 34
Schedule 5
Clauses 35 to 60
Schedule 6
Clause 61
Schedule 7
Clauses 62 to 89
Schedule 8
Clauses 90 to 94
Schedule 9
Clauses 95 to 141
Schedule 10
Clauses 142 to 149
Schedule 11
Clauses 150 to 179
Schedule 12
Clauses 180 to 187
Schedule 13
Clauses 188 to 192
Schedule 14
Clauses 193 to 199
Schedule 15
Clauses 200 to 203
Schedule 16
Clause 204
Schedule 17
Clause 205
Schedule 18
Clause 206
Schedule 19
Clause 207
Schedule 20
Clause 208
Schedule 21
Clauses 209 to 215
Schedule 22
Clauses 216 and 217
Schedule 23
Clauses 218 and 219
Schedule 24
Clauses 220 to 227
Schedule 25
Clauses 228 to 236
Schedule 26
Clauses 237 and 238
Schedule 27
Clause 239
Schedule 28
Clauses 240 to 242
Schedule 29
Clauses 243 to 247
Schedule 30
Clauses 248 to 253
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 3
 
  
BY THE LORD MACDONALD OF TRADESTON
 
1     Page 2, line 42, leave out from ("area") to end of line 43 
2     Page 3, line 9, leave out subsection (5) 
  
Clause 4
 
  
BY THE LORD MACDONALD OF TRADESTON
 
3     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
 
4     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.")
 
  
After Clause 8
 
  
BY THE LORD MACDONALD OF TRADESTON
 
5     Insert the following new Clause-- 
     ("  .--(1)  If a notice given by the CAA to a licence holder so provides, such air traffic services as are specified in the notice are to be treated as not being authorised services for the purposes of section 8 in its application to that holder.
 
    (2)  A notice under subsection (1) may specify the air traffic services by reference to part of a licensed area.
 
    (3)  A notice under this section may be modified or revoked by a further notice given by the CAA to the holder concerned.")
Power to exclude services from effect of section 8.
  
Clause 14
 
  
BY THE LORD MACDONALD OF TRADESTON
 
6     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
 
7     Page 10, line 41, leave out ("may") and insert ("must") 
8     Page 11, line 1, leave out ("may") and insert ("must") 
9     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
 
10     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.
11     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
 
12     Page 21, line 14, after ("contravention") insert ("of a section 8 duty or") 
13     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
 
14     Page 21, line 28, leave out ("direction or determination made or") and insert ("requirement or determination made or direction,") 
15     Page 21, line 29, at end insert--
    ("(ee)  the terms of every notice given under section (Power to exclude services from effect of section 8);")
 
  
Clause 48
 
  
BY THE LORD MACDONALD OF TRADESTON
 
16     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
 
17     Page 187, line 48, at end insert--
    ("(  )  an instrument or instruments under paragraph 9;")
 
18     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.") 
19     Page 188, line 7, after ("11,") insert--
    ("(  )  an instrument under paragraph 9,")
 
20     Page 188, line 10, at end insert ("or the instrument") 
  
Schedule 7
 
  
BY THE LORD MACDONALD OF TRADESTON
 
21     Page 195, line 13, after ("6,") insert--
    ("(  )  an instrument executed under paragraph 9 of Schedule 6,")
 
22     Page 195, line 24, after ("6") insert ("or is effected by an instrument executed under paragraph 9 of that Schedule") 
23     Page 195, line 33, after ("agreement") insert ("or instrument") 
24     Page 195, line 34, after ("agreement") insert ("or instrument") 
  
Clause 62
 
  
BY THE LORD MACDONALD OF TRADESTON
 
25     Page 41, line 3, at end insert--
    ("(  )  a Northern Ireland Minister;")
 
26     Page 41, line 18, at end insert--
 
    ("(  )  Northern Ireland Minister" includes the First Minister and the deputy First Minister in Northern Ireland.")
 
  
Clause 63
 
  
BY THE LORD MACDONALD OF TRADESTON
 
27     Page 42, line 16, leave out subsections (5) and (6) 
28     Page 42, line 30, leave out from ("subsection") to end of line 32 
  
After Clause 63
 
  
BY THE LORD MACDONALD OF TRADESTON
 
29     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
 
30     Page 42, line 44, leave out ("or (6) or section") and insert (", (National security)(3) or") 
31     Page 43, line 1, leave out ("or (6) or section") and insert (", (National security)(3) or") 
32     Page 43, line 11, leave out ("63(6)") and insert ("(National security)(3)") 
  
Clause 68
 
  
BY THE LORD MACDONALD OF TRADESTON
 
33     Page 45, line 7, leave out ("provide air traffic services") and insert ("carry out activities with regard to air navigation") 
  
Clause 69
 
  
BY THE LORD MACDONALD OF TRADESTON
 
34     Page 45, line 13, leave out ("traffic") 
35     Page 46, line 5, leave out subsection (10) 
  
Clause 73
 
  
BY THE LORD MACDONALD OF TRADESTON
 
36     Page 47, line 31, leave out ("traffic") 
37     Page 47, line 32, leave out ("air traffic") 
38     Page 47, line 34, leave out ("traffic") 
39     Page 47, line 35, leave out ("air traffic") 
40     Page 47, line 43, at end insert--
        ("(cc)  services which are provided by the CAA in performing its air navigation functions (within the meaning of Chapter III) and for which Eurocontrol is to collect charges under the Eurocontrol agreement;")
 
41     Page 48, line 1, after ("services") insert ("which do not fall within paragraph (cc) and") 
42     Page 48, line 2, leave out from ("the") to the end of line 3 and insert ("Eurocontrol agreement") 
43     Page 48, line 4, leave out ("traffic") 
44     Page 48, line 16, leave out ("traffic") 
 
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Prepared 26 June 2000