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

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After Clause 73
 
  
BY THE LORD MACDONALD OF TRADESTON
 
45     Insert the following new Clause-- 
     (".--(1)  This section applies if--
    (a)  an amount of a charge is specified under section 69(1) in respect of a service falling within section 73(2)(cc) or (d), and
    (b)  under the Eurocontrol agreement Eurocontrol is to collect a charge in respect of the specification and publication of the amount of the charge and its recovery.
    (2)  In specifying the amount of the charge the CAA may include an amount in respect of the specification and publication of the amount of the charge and its recovery.
 
    (3)  References to an amount include references to a method of calculating an amount.")
Amounts for recovery etc.
46     Insert the following new Clause-- 
     (".--(1)  The CAA--
    (a)  must exercise its powers under section 69 if it thinks it should do so in order for international agreements to which the United Kingdom is a party to be fulfilled, and
    (b)  in exercising those powers must act in the manner it thinks best calculated to take account of those agreements.
    (2)  The CAA must exercise its powers under section 69 in relation to services falling within section 73(2)(b) if it thinks it should do so in order to enable the provider of the services to be paid for their provision.")
Further duties of the CAA.
47     Insert the following new Clause-- 
     (".--(1)  If information is given to the Secretary of State by the CAA concerning the charges the CAA would like to be paid in respect of chargeable air services which fall within section 73(2)(cc), he must (so far as practicable) ensure that the information is given to Eurocontrol.
 
    (2)  If information is given to the Secretary of State by a licence holder concerning the charges it would like to be paid in respect of chargeable air services which it provides and which fall within section 73(2)(d), he must (so far as practicable) ensure that the information is given to Eurocontrol.
 
    (3)  But subsection (2) does not apply if the CAA tells the Secretary of State that giving the information to Eurocontrol could result in the licence holder being paid charges whose calculation was in contravention of the provisions of the licence.
 
    (4)  If money is received by the government of the United Kingdom from Eurocontrol in respect of a chargeable air service falling within section 73(2)(cc) or (d), the Secretary of State must (so far as practicable) ensure that the money is paid to the person who provided the service.
 
    (5)  If money falls to be paid by Eurocontrol in respect of a chargeable air service falling within section 73(2)(cc) or (d), the Secretary of State must (so far as practicable) ensure that the money falls to be paid by Eurocontrol to the person who provided the service.
 
    (6)  The reference to money being received by the government of the United Kingdom is to money being received by a person on behalf of that government.")
Secretary of State's duties.
  
Clause 77
 
  
BY THE LORD MACDONALD OF TRADESTON
 
48     Page 50, line 41, at end insert--
 
    ("(  )  The Eurocontrol agreement is the multilateral agreement relating to route charges signed at Brussels on 12 February 1981 or any agreement replacing it.")
 
49     Page 50, line 45, at end insert--
 
    ("(  )  Licence holder" has the meaning given by section 37.")
 
  
Schedule 9
 
  
BY THE LORD MACDONALD OF TRADESTON
 
50     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;")
 
51     Page 200, line 25, at end insert--
    ("(  )  the Independent Television Commission;")
 
52     Page 200, line 45, at end insert-- 
 
    ("(  )  the Broadcasting Act 1990;")
1990 c. 42.
53     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
 
54     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.
55     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.
  
Clause 104
 
  
BY THE LORD MACDONALD OF TRADESTON
 
56     Page 63, line 43, leave out from ("strategies") to end of line 4 on page 64 
57     Page 64, line 10, at end insert--
 
    ("(3A)  The authority or authorities must be satisfied that both the provision of those facilities and the provision of local services of that standard will--
    (a)  improve the quality of local services provided in the whole or any part of their area, or combined area, by bringing benefits to persons using those services, or
    (b)  reduce or limit traffic congestion, noise or air pollution.
    (3B)  A quality partnership scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 105.")
 
58     Page 64, line 45, leave out ("(2) and (3)") and insert ("(3) and (3B)") 
  
Clause 105
 
  
BY THE LORD MACDONALD OF TRADESTON
 
59     Page 65, line 13, leave out ("proposed") 
  
After Clause 108
 
  
BY THE LORD MACDONALD OF TRADESTON
 
60     Insert the following new Clause-- 
     (".--(1)  The appropriate national authority may by regulations make provision about the specifying in quality partnership schemes of facilities which are already being provided before the schemes are proposed ("existing facilities").
 
    (2)  The regulations may in particular--
    (a)  provide that existing facilities may not be specified if they were being provided before a date prescribed by, or determined in accordance with, the regulations,
    (b)  provide that particular existing facilities or classes of existing facilities may not be specified (whenever they were first provided),
    (c)  provide that particular existing facilities or classes of existing facilities may be specified only in circumstances prescribed by the regulations,
    (d)  provide that, in circumstances prescribed by the regulations, particular existing facilities or classes of existing facilities may be specified only with the consent of a person prescribed by, or determined in accordance with, the regulations, and
    (e)  make provision modifying any provision of sections 105 to 107 in relation to schemes which specify existing facilities.")
Regulations about schemes involving existing facilities.
  
Clause 110
 
  
BY THE LORD MACDONALD OF TRADESTON
 
61     Page 68, line 6, leave out ("that in section 104(1))") and insert ("those in section 104(1) and (3A))") 
62     Page 68, line 27, leave out ("(3)") and insert ("(3B)") 
  
Clause 124
 
  
BY THE LORD MACDONALD OF TRADESTON
 
63     Page 77, line 4, leave out from ("tickets)") to end of line 14 and insert ("of any of the descriptions which may by covered by a ticketing scheme and to which the scheme applies.
 
    (3A)  The descriptions of tickets which may be covered by a ticketing scheme are--
    (a)  tickets entitling the holder to make more than one journey on particular local services or on local services of a class specified in the scheme (whether or not operated by the same person),
    (b)  tickets entitling the holder to make a particular journey on two or more local services (whether or not operated by the same person),
    (c)  where a particular journey could be made on local services provided by any of two or more operators, tickets entitling the holder to make the journey on whichever service the holder chooses, and
    (d)  tickets entitling the holder to make a journey, or more than one journey, involving both travel on one or more local services and travel by one or more connecting rail or tram services.
    (3B)  A connecting rail or tram service, in relation to a ticketing scheme, is a service for the carriage of passengers by railway or by tramway (or by both) which runs between--
    (a)  a station or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the ticketing scheme relates, and
    (b)  any other place.
    (3C)  Different arrangements may be specified in a ticketing scheme for different cases.")
 
  
Clause 126
 
  
BY THE LORD MACDONALD OF TRADESTON
 
64     Page 77, line 34, at end insert--
 
    ("(  )  If the scheme applies to tickets within section 124(3A)(d), it may only be made with the agreement of the operators of the connecting rail or tram services concerned.")
 
65     Page 77, line 43, leave out from ("services") to ("and") in line 44 and insert ("or services for the carriage of passengers by railway or by tramway (or by both) who would, in the opinion of the authority or authorities, be affected by it,
    (  )  to the Strategic Rail Authority if it applies to tickets within section 124(3A)(d),")
 
66     Page 78, line 6, leave out from ("operation") to end of line 7 
  
After Clause 132
 
  
BY THE LORD MACDONALD OF TRADESTON
 
67     Insert the following new Clause-- 
     (".--(1)  The relevant national authority may by regulations make provision for or in connection with--
    (a)  the imposition by approved local authorities of penalty charges in respect of bus lane contraventions, and
    (b)  the payment of such penalty charges.
    (2)  An authority is an approved local authority if--
Civil penalties for bus lane contraventions.
 
    (a)  an order designating the whole or any part of its area has been made under paragraph 1(1) or 2(1) of Schedule 3 to the Road Traffic Act 1991 (permitted and special parking areas outside Greater London), and
    (b)  the relevant national authority has made an order specifying it as an approved local authority for the purposes of this section.
    (3)  A bus lane contravention is a contravention of any such provision of--
    (a)  a traffic regulation order,
    (b)  an experimental traffic order, or
    (c)  a temporary traffic restriction order,
as relates to the use of an area of road which is or forms part of a bus lane.
 
    (4)  And an area of road is or forms part of a bus lane if the order provides that it may be used--
    (a)  only by buses, or
    (b)  only by buses and some other class or classes of vehicular traffic specified in the order.
    (5)  Regulations under subsection (1) shall include provision--
    (a)  for the setting of the rates of penalty charges (which may include provision for discounts or surcharges) by approved local authorities subject to the approval of the relevant national authority,
    (b)  specifying the person by whom a penalty charge in respect of any contravention is to be paid (who may be the registered keeper of the motor vehicle involved in the contravention, its driver at the time of the contravention or any other appropriate person),
    (c)  permitting the imposition of a penalty charge only on the basis of a record produced by an approved device,
    (d)  securing that a penalty charge in respect of a contravention is not required to be paid, or is refunded, where the contravention is the subject of criminal proceedings or where a fixed penalty notice has been given in respect of the contravention, and
    (e)  as to the application by approved local authorities of sums paid by way of penalty charges.
    (6)  Regulations under subsection (1) may--
    (a)  specify exemptions from penalty charges, and
    (b)  make provision about the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of penalty charges.
    (7)  The Lord Chancellor may make regulations about the notification, adjudication and enforcement of penalty charges.
 
    (8)  Regulations under subsection (7) may include--
    (a)  provision creating criminal offences to be triable summarily and punishable with a fine not exceeding level 5 on the standard scale or such lower amount as is prescribed by the regulations, and
    (b)  provision for or in connection with permitting evidence of a fact to be given by the production of a record produced by an approved device with a certificate as to the circumstances in which the record was produced;
but may not confer power to stop motor vehicles.
 
    (9)  In this section--
    approved device" means a device of a description specified in an order made by the relevant national authority,
1991 c. 40.
 
    experimental traffic order" means an order under section 9 of the Road Traffic Regulation Act 1984,
1984 c. 27.
 
    fixed penalty notice" has the same meaning as in Part III of the Road Traffic Offenders Act 1988,
1988 c. 53.
 
    motor vehicle" has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) shall apply as it applies for the purposes of the Road Traffic Acts,
1988 c. 52.
 
    registered keeper", in relation to a contravention involving a motor vehicle, means the person in whose name the motor vehicle was registered under the Vehicle Registration and Excise Act 1994 at the time of the contravention,
    relevant national authority" means--
          (a)  the Secretary of State as respects England outside Greater London, or
          (b)  the National Assembly for Wales as respects Wales,
1994 c. 22.
 
    road" has the same meaning as in the Road Traffic Regulation Act 1984,
    temporary traffic restriction order" means an order under section 14 or 16A of that Act, and
    traffic regulation order" means an order under section 1 of that Act.")
1984 c. 27.
  
Clause 133
 
  
BY THE LORD MACDONALD OF TRADESTON
 
68     Page 80, line 25, after ("person") insert ("or disabled person") 
 
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