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

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Clause 134
 
  
BY THE LORD MACDONALD OF TRADESTON
 
69     Page 81, line 4, at end insert--
    (""disabled person" means a person who--
          (a)  is blind, that is, so blind as to be unable to perform any work for which sight is essential,
          (b)  is partially sighted, that is, with sight impaired to such an extent that he cannot reasonably accurately estimate the size and speed of movement of vehicular traffic,
          (c)  is deaf,
          (d)  is without speech,
          (e)  has a disability, or has suffered an injury, which seriously impairs his ability to walk,
          (f)  is without the use of both arms (whether by reason of the absence of those limbs or for any other reason),
          (g)  has a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning, or
 
 
          (h)  would, if he applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, have his application refused pursuant to section 92 of that Act (physical fitness),")
1988 c. 52.
  
Clause 135
 
  
BY THE LORD MACDONALD OF TRADESTON
 
70     Page 81, line 46, at end insert ("and any disabled person)") 
  
Clause 139
 
  
BY THE LORD MACDONALD OF TRADESTON
 
71     Page 84, line 11, leave out subsection (2) and insert--
 
    ("(  )  Section 240 (travel concessions on journeys in and around Greater London) is amended as follows.
 
    (  )  In subsections (1) and (2), for "any persons eligible to receive them in accordance with subsection (5) below" substitute "such of the persons eligible to receive them in accordance with subsection (5) below as are specified in the arrangements".
 
    (  )  In subsection (5), for paragraph (c) substitute--
      (c)  who are partially sighted, that is, whose sight is impaired to such an extent that they cannot reasonably accurately estimate the size and speed of movement of vehicular traffic;
      (d)  who are deaf;
      (e)  who are without speech;
      (f)  who have a disability, or have suffered an injury, which seriously impairs their ability to walk;
      (g)  who are without the use of both arms (whether by reason of the absence of those limbs or for any other reason);
      (h)  who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning; or
 
 
      (i)  who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness).
    (  )  In section 241(1) (reserve free travel scheme), after "provided for" insert "all".")
1988 c. 52.
72     Page 84, line 19, leave out from ("to") to ("specified") in line 20 and insert ("them to include the concession") 
73     Page 84, line 26, leave out ("After subsection (7)") and insert ("In subsection (7), for "the categories of such residents mentioned in paragraphs (a), (b) and (c)" substitute "a category specified in any one of the paragraphs".
 
    (  )  After that subsection")
 
74     Page 84, line 27, leave out from beginning to ("a") in line 28 and insert ("The travel concession which must be included is") 
75     Page 84, leave out lines 42 to 44 
76     Page 85, line 6, leave out from first ("to") to end of line 9 and insert ("an eligible London resident of a travel concession permit relating to the travel concession specified in section 242(8) above."") 
  
Schedule 10
 
  
BY THE LORD MACDONALD OF TRADESTON
 
77     Page 202, line 42, at end insert--
 
    ("(  )  The Director may at any time decide not to consider, or further consider, an application made under paragraph 3 if--
    (a)  he is of the opinion that he has not been provided with sufficient information to do so by the person or persons by whom the application was made, or
    (b)  sub-paragraph (1) or (2) has not been complied with.")
 
78     Page 203, line 38, leave out paragraph 9 
79     Page 205, line 7, at end insert-- 
 ("Information 
     .--(1)  No information which--
    (a)  has been obtained by the Director in connection with his functions under this Schedule, and
    (b)  relates to the affairs of any individual or to any particular business,
is to be disclosed during the lifetime of that individual or while that business continues to be carried on, unless the condition mentioned in sub-paragraph (2) is satisfied.
 
    (2)  The condition is that consent to the disclosure has been obtained from--
    (a)  the person from whom the information was obtained, and
    (b)  if different, the individual to whose affairs the information relates or the person for the time being carrying on the business to which the information relates.
    (3)  Sub-paragraph (1) does not apply to a disclosure of information--
    (a)  made for the purpose of facilitating the performance of any function of the Director, a traffic commissioner or the Rail Regulator,
    (b)  made for the purpose of facilitating the performance of any function of the European Commission in respect of Community law about competition,
    (c)  made for the purpose of criminal proceedings in any part of the United Kingdom or in connection with the investigation of a criminal offence triable in any part of the United Kingdom, or
    (d)  made in compliance with the order of a court or tribunal.
    (4)  If information is disclosed to the public in circumstances in which the disclosure does not contravene sub-paragraph (1), that sub-paragraph does not prevent its further disclosure by any person.
 
    (5)  A person who contravenes this paragraph is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.")
 
  
Clause 148
 
  
BY THE LORD MACDONALD OF TRADESTON
 
80     Page 88, line 36, leave out ("the Secretary of State") and insert ("a Minister of the Crown") 
  
Schedule 11
 
  
BY THE LORD MACDONALD OF TRADESTON
 
81     Page 208, line 15, at end insert--
 
    (".  In section 93(7) (persons eligible to receive travel concessions under local scheme), for paragraph (e) substitute--
      (e)  partially sighted persons, that is, persons whose sight is impaired to such an extent that they cannot reasonably accurately estimate the size and speed of movement of vehicular traffic;
      (ea)  persons who are deaf;
      (eb)  persons who are without speech;
      (ec)  persons who have a disability, or have suffered an injury, which seriously impairs their ability to walk;
      (ed)  persons who are without the use of both arms (whether by reason of the absence of those limbs or for any other reason);
      (ee)  persons who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning;
 
 
      (ef)  persons who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness);".")
1988 c. 52.
82     Page 209, leave out line 13 
  
Clause 150
 
  
BY THE LORD MACDONALD OF TRADESTON
 
83     Page 89, line 5, leave out ("or a quality contracts scheme,") and insert (", a quality contracts scheme or a ticketing scheme,") 
84     Page 89, line 15, at end insert--
    (""connecting rail or tram service" has the meaning given by section 124(3B),")
 
85     Page 89, line 15, at end insert--
    (""disabled person" has the meaning given in section 134(1),")
 
86     Page 89, line 27, at end insert-- 
 
    (""railway" and "tramway" have the meanings given by section 67(1) of the Transport and Works Act 1992,")
1992 c. 42.
  
Clause 162
 
  
BY THE LORD MACDONALD OF TRADESTON
 
87     Page 96, line 43, leave out ("unlawfully interfered with") and insert ("interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge") 
  
Schedule 13
 
  
BY THE LORD MACDONALD OF TRADESTON
 
88     Page 214, line 18, after ("of") insert ("a") 
89     Page 215, line 40, leave out first (""each"") and insert (""year, each"") 
90     Page 215, line 42, leave out ("that sub-paragraph") and insert ("sub-paragraph (4)") 
91     Page 216, line 25, at end insert--
 
    ("(  )  In sub-paragraph (1)(b)(iii), for "unlawfully" substitute "with intent to avoid payment of, or being identified as having failed to pay, a charge".")
 
92     Page 218, line 15, leave out from first ("and") to ("in") in line 16 and insert ("paragraph 4 above (apart from sub-paragraphs (3)(f) and (6)) applies") 
93     Page 220, line 2, leave out first (""each"") and insert (""year, each"") 
94     Page 220, line 4, leave out ("that sub-paragraph") and insert ("sub-paragraph (4)") 
95     Page 221, line 4, leave out from first ("and") to ("in") in line 5 and insert ("paragraph 7 above applies") 
  
Schedule 16
 
  
BY THE LORD MACDONALD OF TRADESTON
 
96     Page 238, line 9, leave out ("Central Committee") and insert ("Rail Passengers' Council") 
97     Page 239, line 27, leave out (", apart from subsection (5)(b)") 
98     Page 239, leave out line 42 and insert--
 
    ("38.--(1)  Section 58 (power to require information etc.) is amended as follows.
 
    (2)  In subsection (1)--
    (a)  for "officer" (in both places) substitute "authority", and
    (b)  for "his" substitute "its".
    (3)  In subsection (2) (in each place) and in subsection (6), for "officer"")
 
  
Schedule 17
 
  
BY THE LORD MACDONALD OF TRADESTON
 
99     Page 249, line 43, leave out ("In section 55(10) (orders for securing compliance)") and insert ("(1) Section 55 (orders for securing compliance) is amended as follows.
 
    (2)  After subsection (5) insert--
        (5ZA)  The Authority shall not make a final order, or make or confirm a provisional order, in relation to a licence holder or person under closure restrictions unless--
 
 
      (a)  it has given notice to the Regulator specifying a period within which he may give notice to it if he considers that the most appropriate way of proceeding is under the Competition Act 1998;
      (b)  that period has expired; and
      (c)  the Regulator has not given notice to the Authority within that period that he so considers (or, if he has, he has withdrawn it)."
    (3)  In subsection (10),")
1998 c. 41.
100     Page 249, line 48, at end insert--
 
    ("(  )  In subsection (11), for "(5A)" substitute "(5ZA)".")
 
101     Page 251, line 22, after ("(6)") insert (", (6A)") 
  
Clause 213
 
  
BY THE LORD MACDONALD OF TRADESTON
 
102     Page 131, line 10, leave out ("included a reference to anything which is likely to be done") and insert ("or omitted to be done included a reference to anything which is likely to be done or omitted to be done") 
  
Clause 214
 
  
BY THE LORD MACDONALD OF TRADESTON
 
103     Page 135, line 8, leave out ("subsection (5), (5A) or (5B)(a) or (b)") and insert ("any provision contained in any of subsections (5) to (5B)") 
  
Schedule 22
 
  
BY THE LORD MACDONALD OF TRADESTON
 
104     Page 266, line 8, leave out ("subsections (6),") and insert ("subsection (6)--
    (a)  for "consultative committee" substitute "Rail Passengers' Committee", and
    (b)  for "the committee" substitute "the Rail Passengers' Committee".
    (  )  In subsections")
 
105     Page 269, line 35, after (""committee"") insert ("(in each place)") 
106     Page 271, line 10, at end insert-- 
 ("Channel Tunnel Act 1987 (c.53) 
     .  In section 41(1) of the Channel Tunnel Act 1987 (consultative committees), for the words from "Central" to "Users Consultative" substitute "Rail Passengers' Council and each of the Rail Passengers'  ".") 
107     Page 271, line 21, at end insert--
 
    ("  .  In paragraph 11(3) of Schedule 18 (minutes of London Transport Users' Committee meetings), for "Central Rail Users' Consultative Committee" substitute "Rail Passengers' Council".")
 
  
Schedule 24
 
  
BY THE LORD MACDONALD OF TRADESTON
 
108     Page 280, line 20, leave out ("may") and insert ("shall") 
  
Clause 229
 
  
BY THE LORD MACDONALD OF TRADESTON
 
109     Page 145, line 45, leave out ("may") and insert ("shall") 
  
After Clause 234
 
  
BY THE LORD MACDONALD OF TRADESTON
 
110     Insert the following new Clause-- 
     (".--(1)  This section applies where--
    (a)  a person who provides services for the carriage of passengers by railway provides or secures the provision of substitute road services, or
    (b)  the Authority secures the provision of such services (under an agreement entered into in pursuance of section 202).
    (2)  In doing so the person or Authority shall ensure, so far as is reasonably practicable, that the substitute road services allow disabled passengers to undertake their journeys safely and in reasonable comfort
 
    (3)  In the event of any failure by the person or Authority to comply with subsection (2), he or it shall be liable to pay damages in respect of any expenditure reasonably incurred, or other loss sustained, by a disabled passenger in consequence of the failure.
 
    (4)  The Secretary of State may by order grant exemption from subsection (2) to--
    (a)  any class or description of persons who provide services for the carriage of passengers by railway, or
    (b)  any particular person who provides such services,
in respect of all substitute road services or any class or description of such services.
 
    (5)  Before making an order under subsection (4) the Secretary of State shall consult--
    (a)  the Disabled Persons Transport Advisory Committee, and
    (b)  such other representative organisations as he thinks fit.
    (6)  An order under subsection (4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
    (7)  In this section "substitute road services" means services for the carriage of passengers by road which are provided where railway services have been temporarily interrupted or discontinued.
 
    (8)  For the purposes of this section a passenger is disabled if he has a disability, or has suffered an injury, which seriously impairs his ability to walk.")
Substitute services to be suitable for disabled passengers.
 
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