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

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Clause 39
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 25, line 23, after ("may") insert (", subject to approval of such directions by a resolution of both Houses of Parliament,") 
     Page 26, line 2, leave out ("(as opposed") and insert ("(or") 
     Page 26, line 3, after ("him") insert ("or them") 
  
Clause 41
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     Page 26, line 38, leave out from ("provisions") to end of line 4 on page 28 and insert ("for the transfer of--
    (a) any of the CAA's property, rights or liabilities or of all or part of its undertaking; or
    (b)  the property, rights or liabilities of a company (the transferor) which is wholly owned by the CAA or all or part of the transferor's undertaking;
to a not for profit company.")
 
  
Clause 42
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 28, line 12, at end insert ("provided that the rights of any third party are not adversely affected by any such transfer or assignment or such third party consents to the transfer or assignment") 
  
After Clause 42
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     Insert the following new Clause-- 
     ("  .--(1)  Any property, rights or liabilities shall only be transferred under a transfer scheme to a not for profit company.
 
    (2)  The transfer of property, rights or liabilities under a transfer scheme may be by such means, including sale or lease, and on such terms as the Secretary of State, with the approval of the Treasury, may determine.
 
    (3)  A transfer scheme shall not come into force unless a draft of the scheme has been laid before and approved by resolution of each House of Parliament.
 
    (4)  A not for profit company to which any property, rights or liabilities have been transferred under a transfer scheme shall not--
    (a)  issue any shares or share rights; or
    (b)  pay any dividend or profits to its members.
    (5)  For purposes of this Part, "not for profit company" means a company--
Transfer to be to not for profit company.
 
    (a)  which has been formed and registered as a company limited by guarantee under the Companies Act 1985 or the Companies (Northern Ireland) Order 1986; and
    (b)  the membership of which, in the opinion of the Secretary of State includes those who are representative of providers, employees and users of aviation, air travel, air navigation and related services.")
1985 c. 6.
SI 1986/1032 (N.I. 6).
     Insert the following new Clause-- 
     ("  .--(1)  A transfer scheme made by the CAA or the Secretary of State shall not come into force unless it has been approved by a resolution of each House of Parliament passed on a motion moved by or on behalf of the Secretary of State.
 
    (2)  No such motion shall be moved by or on behalf of the Secretary of State unless at least seven days before the date on which the motion is to be debated by either House of Parliament he has caused a report to be laid before both Houses which--
    (a)  sets out the progress which has been made in respect of any project for the development of facilities connected with national air traffic services which was commissioned by the transfer or before the date on which this Act received Royal Assent; and
    (b)  confirms that the Treasury have given their consent to the proposed transfer.")
Parliamentary approval of transfer schemes.
  
Clause 44
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     Page 29, line 10, leave out from ("unless") to end of line 28 and insert ("a draft of the scheme has been laid before, and approved by resolution of, each House of Parliament in accordance with section (Transfer to be to not for profit company)") 
     Page 29, line 12, after ("that") insert ("and to section (Parliamentary approval of transfer schemes)") 
     Page 29, line 13, leave out from ("force") to end of line 16 
     Page 29, line 20, at beginning insert ("The Secretary of State may modify a scheme before it is laid in draft before Parliament and") 
     Page 29, line 22, leave out ("to approve and modify") 
  
Clause 45
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     Page 29, line 37, at beginning, insert ("Subject to section (Parliamentary approval of transfer schemes)") 
     Page 29, line 37, after ("section") insert "shall not come into force unless a draft of the scheme has been laid before and approved by resolution of each House of Parliament in accordance with section (Transfer to be to not for profit company) but, subject to that requirement,") 
  
Clause 47
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     Page 31, line 10, leave out paragraphs (a) to (c) 
  
Clause 48
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     Page 32, line 3, leave out paragraph (a) 
  
Clause 49
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 49 stand part of the Bill. 
  
Clause 50
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 50 stand part of the Bill. 
  
After Clause 51
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall procure the disposal of at least 51 per cent. of the shares in the designated company referred to in section 51 by way of an offer to the public of such shares and shall secure acceptance for an application for admission to the Official List (within the meaning of Part IV of the Financial Services Act 1986) in respect of such shares.
 
    (2)  The terms on which such shares are offered to the public, as to price and otherwise, shall be such as the Secretary of State considers appropriate for the purposes of--
    (a)  securing the best price reasonably obtainable for those shares; and
    (b)  securing widespread ownership of such shares by individual members of the public as well as institutions.
    (3)  Any transfer or issue of a share or shares pursuant to such offer or any subsequent transfer or issue of a share or shares in the company in question shall have no legal effect (and in particular the transferee or allottee of such share or shares shall not be registered as a member of the company or exercise any rights in respect of such share or shares) if such transfer or issue would result in the legal or beneficial ownership of a majority of shares carrying voting rights in, or control of, the company passing to a person who is not a British Citizen.
 
    (4)  For the purposes of this subsection (3)--
    (a)  a company shall be deemed to be controlled by a person or persons--
          (i)  who singly or together have the right to appoint or remove a majority of the company's board of directors holding a majority of the voting rights at meetings of the board on all, or substantially all, matters; or
          (ii)  who are deemed to control such company for the purposes of section 840 of the Income and Corporation Taxes Act 1988,
    (b)  a company shall be deemed to be controlled by a person if it is controlled by a company or companies controlled by such person.
    (5)  The Secretary of State shall give to any such company as is referred to in section 51 above whatever directions may be necessary for implementing the provisions of this section.
 
    (6)  The Secretary of State shall only take action under this section or section 50 or exercise any power in respect of the transfer or issue of shares in such company as is referred to in section 49(1) if he has first obtained the agreement by resolution of both Houses of Parliament.")
Crown shareholding: disposal.
  
Clause 51
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 33, line 27, at beginning insert ("Notwithstanding anything in the European Communities Act 1972,") 
     Page 34, line 1, leave out subsections (4) and (5) 
     Page 34, line 15, at end insert ("including the right to prevent a transfer of other securities in the transferee on grounds of national security") 
     Page 34, line 20, at end insert--
 
    ("(8A)  The rights accorded to the Crown by the special share under this section shall not be subject to any limitation that may be imposed through the European Communities Act 1972.")
 
     Page 34, line 35, leave out subsection (12) 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 51 stand part of the Bill. 
  
Clause 52
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     Page 34, line 37, leave out subsections (1) to (3) and insert--
 
    ("(1)  The Secretary of State, with the approval of the Treasury, may make loans of such amounts as he thinks fit to a not for profit company to which any property, rights or liabilities are transferred under a transfer scheme.")
 
  
Clause 53
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     Page 35, line 27, leave out subsections (1) to (3) and insert--
 
    ("(1)  The Secretary of State or the Treasury, may guarantee the discharge of any financial obligation of a not for profit company to which any property, rights or liabilities are transferred under a transfer scheme.")
 
     Page 35, line 42, leave out subsection (6) 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 36, line 20, at end insert ("which statement must state the reasons for the default and what steps, if any, it is proposed be taken to recover the sums in question") 
  
Clause 54
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     Page 36, line 21, leave out subsections (1) to (3) and insert--
 
    ("(1)  The Secretary of State, with the approval of the Treasury, may make grants towards the expenditure of a not for profit company to which any property, rights or liabilities are transferred under a transfer scheme.")
 
  
Clause 55
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 55 stand part of the Bill. 
  
Clause 56
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 38, line 33, at end insert ("including the right to prevent a transfer of other securities in the transferee on grounds of national security") 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 56 stand part of the Bill. 
  
Clause 57
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 39, line 11, leave out subsection (4) 
  
Clause 62
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     Page 42, line 23, leave out ("49, 50 or") 
     Page 42, line 28, leave out ("49 or") 
  
After Clause 64
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     Insert the following new Clause-- 
     ("  .--(1)  NATS or any transferee company will be a non-associate member of the Civil Aviation Authority Pension Scheme (CAAPS).
 
    (2)  Payments by NATS or any tranferee company into CAAPS will be at the rate agreed between the participating employers, the CAA, Highlands and Islands Airports Ltd (HIAL), NATS and the CAAPS trustees following advice from the scheme actuary.
 
    (3)  The strategic partner shall make provision for increases in pensions and capital sums to which this section applies to each increase in official pensions under the Pensions (Increase) Act 1971 and section 59 of the Social Security Pensions Act 1975 ("an official pensions increase").
 
    (4)  This section applies to a pension or capital sum at any time if--
    (a)  at that time it is a pension in payment, a deferred pension or capital sum or a pension or capital sum to which a person's future entitlement is contingent on the death of another person, and
    (b)  the CAA either made provision for an increase in it broadly corresponding to an official pensions increase or would have done so if it had been within paragraph (a) at a time when the CAA made provision for increases broadly corresponding to an official pensions increase.
    (5)  But where it was the practice of the CAA, when making increases broadly corresponding to an official pensions increase, in any circumstances--
    (a)  not to make provision for an increase, or
    (b)  to make provision for an increase of a reduced amount,
subsection (1) does not require NATS to make in similar circumstances provision for an increase in excess of any for which the CAA would have made provision.")
Civil Aviation Authority Pension Scheme.
 
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Prepared 28 June 2000