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

back to previous amendments
 
  
Clause 187
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 113, line 1, leave out subsection (3) 
     Page 113, line 18, at end insert--
 
    ("(  )  Applications for variations in a licence shall be decided within 30 days or will be deemed to be granted.")
 
  
Schedule 12
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 219, line 10, at end insert--
    ("and includes the amount of any VAT charged on road user charges or workplace parking levies")
 
  
Clause 193
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 115, line 21, after ("subsection") insert ("(1), (2) or") 
     Page 115, line 26, at end insert--
 
    ("(5)  If any information is disclosed in contravention of subsection (4), the charging authority or licensing authority in question shall be liable to compensate the person who provided such information for any loss suffered as a result of such disclosure.")
 
  
Schedule 13
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 225, line 5, leave out from ("vehicle") to end of line 6 and insert ("unless incurred in respect of the use or keeping of that motor vehicle on a road by a person in possession or control of that motor vehicle without the consent of the registered owner (in which event that person shall pay the charges in question)."") 
     Page 225, line 39, after ("if") insert ("with intent to avoid payment of a charge imposed by a charging scheme") 
     Page 226, line 19, leave out ("intentionally") and insert ("with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme") 
     Page 226, line 40, after ("who") insert ("with intent to avoid payment of a charge imposed by a charging scheme") 
     Page 226, line 44, leave out ("intentionally") and insert ("with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme") 
     Page 227, line 39, at end insert--
 
("and the charging authority shall be liable to compensate any person in respect of whom information has been obtained for any loss suffered as a result of its use in contravention of this subparagraph."")
 
     Page 230, line 30, at end insert--
 
("and the licensing authority shall be liable to compensate any person in respect of whom information has been obtained for any loss suffered as a result of its use in contravention of this subparagraph."")
 
  
Schedule 14
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 232, line 3, at end insert--
 
    ("(  )  Full details of staff numbers shall be published in an annual return.")
 
     Page 233, line 5, at end insert (", the amount of such grant to be determined for a period of not less than three years and be notified to the Authority in sufficient time to enable it to have regard to the amount of grant so determined in formulating strategies in respect of that period in accordance with section 205.") 
     Page 233, line 24, leave out paragraph (a) 
     Page 233, line 25, leave out ("greater") 
     Page 236, line 11, leave out paragraph 16 
  
Clause 204
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
     Page 120, line 10, at end insert (", and
    (d)  to oversee the specification of rail services in metropolitan areas, responsibility for which it shall delegate to the appropriate Passenger Transport Executive, or in the case of Greater London, Transport For London")
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
 
     Page 120, line 10, at end insert--
    ("(d)  to identify unmet needs for railway services; and
    (e)  to expand the railway network where appropriate")
 
  
Clause 206
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 121, line 19, after first ("it") insert ("and") 
     Page 121, line 19, leave out ("and any investment in bodies corporate by it") 
  
Clause 207
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
 
     Page 121, line 45, leave out ("or with the Authority's financial framework") 
     Page 122, line 5, at end insert--
 
    ("(  )  Where the Authority propose not to comply with the directions or guidance of Scottish Ministers they shall notify the Scottish Ministers of this and their reason for so doing.
 
    (  )  Where Scottish Ministers do not agree with the reasons given by the Authority for not complying with their directions they may refer the matter to the Secretary of State for decision which he shall issue as a direction under section 195(5).")
 
  
Clause 210
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 122, line 26, after ("may") insert (", subject to implementing an appropriate tendering process (where practicable),") 
     Page 122, line 31, leave out subsection (2) 
     Page 122, line 35, leave out paragraph (c) 
     Page 122, line 38, at end insert ("consistent with the strategies it has adopted") 
  
Clause 211
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 123, line 36, at end insert--
 
    ("(2C)  The Authority shall not exercise its powers under subsections (2A) and 1(2B) unless necessary for the purpose of its existing powers under section 30."")
 
     Page 123, line 37, leave out from ("franchise)") to end of line 19 on page 124 and insert ("in subsection (1), omit the words "Unless the Secretary of State otherwise directs,".") 
     Page 123, line 39, leave out from beginning to end of line 19 on page 124 and insert--
        (""(4)  The Secretary of State may only make a direction under subsection (1) if he shall be in possession of evidence that the person the Authority has chosen or proposes to choose is not a suitable person to be the franchisee and, if he makes such a direction, the Authority shall either appoint another person from among those who submitted tenders in response to the relevant invitation to tender or, if there is no such person or it considers it appropriate to do so, issue a further invitation to tender."")
 
  
After Clause 211
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Insert the following new Clause-- 
     ("  .  After section 26 of the Railways Act 1993 there shall be inserted--Tenders and franchise agreements: relevant considerations.
 Tenders and franchise agreements: relevant considerations.     26A.  In preparing and issuing an invitation to tender under section 26 and entering into a franchise agreement the matters to which the Authority may have regard to, and make provision for in the invitation to tender and the franchise agreement, include the following--
    (a)  what arrangements the prospective franchisee has or will make with bus and other transport operators in respect of bus and other transport services that connect with the franchisee's services;
    (b)  what facilities the prospective franchisee will provide, and at what times, for carriage of cycles on trains and on any substitute bus service provided by the franchisee when a train service is not operating;
    (c)  whether a reservation facility is made available in respect of cycles;
    (d)  whether any fee is payable for carriage of a cycle and, if so, whether such fee includes carriage on any other train (including a train not operated by the franchisee) as part of the same journey;
    (e)  what facilities are available for the disabled;
    (f)  what arrangements the prospective franchisee has made or proposes as regards the matters set out in section 17(9)."")
 
  
Clause 212
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 212 stand part of the Bill. 
  
Schedule 16
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 252, line 23, leave out ("directions and") 
     Page 252, line 28, leave out ("directions and") 
     Page 253, line 8, leave out ("directions or") 
     Page 253, line 11, leave out ("directions and") 
     Page 253, line 13, leave out ("directions and") 
     Page 253, line 17, leave out ("directions") and insert ("guidance") 
  
Schedule 17
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 257, line 48, after ("Regulator") insert--
      ("(  )  where conditions of the licence addressing the matters specified in the reference would all inevitably be conditions relating to consumer protection, it shall ensure, prior to seeking to obtain the consent of the Regulator, that the modification being sought does not relate to a matter falling within the terms of a franchise agreement;")
 
  
Clause 217
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
THE LORD BEAUMONT OF WHITLEY
 
     Page 130, line 2, at end insert--
    ("provided that before disposing of any land the Authority shall, in consultation with the local transport authority and other interested persons, consider what potential for rail or other transport related use such land might offer, and protect the land accordingly")
 
     Page 130, line 9, leave out subsection (4) and insert--
        ("(4)  Before disposing of any land the Authority shall, in consultation with the local transport authority and other interested parties, consider what potential for rail or other sustainable transport related use such land might offer, and protect the land accordingly.")
 
  
After Clause 217
 
  
BY THE LORD BRADSHAW
 
     Insert the following new Clause-- 
 ("REVIEW OF BRITISH TRANSPORT POLICE FUNCTIONs 
  
        .--(1)  The Authority shall review and within a period of two years from the day on which this Act is passed, publish a report on the discharge of police functions on railways and on the London Underground.
        (2)  In carrying out a review under this section the Authority shall consult Transport for London and any other body which appears to the Authority to have an interest in the provision and use of railway services and the London Underground.")
Review of British Transport Police functions.
  
Clause 222
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
THE LORD BRADSHAW
 
     Page 131, line 15, at beginning insert--
        ("(  )  Leave out section 17(5) of the Railways Act 1993.")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 133, line 1, leave out ("a period") and insert ("such reasonable period as is") 
     Page 133, line 13, leave out ("a period") and insert ("such reasonable period as is") 
     Page 133, line 36, leave out ("(apart from the Authority)") and insert ("who has made representations pursuant to subsection (1)") 
     Page 133, line 36, at end insert (", or
      (d)  the Authority")
 
     Page 134, line 3, at end insert--
        ("(10)  The Regulator may only use information provided under subsection (7) for the purposes of considering whether to give a direction under section 16A and may not disclose any such information to any other person.
        (11)  The Regulator shall be liable to compensate any person providing information pursuant to subsection (7) for any loss suffered by that person as a result of disclosure of information in contravention of subsection (10).")
 
     Page 135, line 45, at end insert ("if the Regulator is satisfied the person to whom the direction is given will not otherwise be adequately rewarded as set out in subsection 16E)") 
     Page 136, line 2, leave out ("specify is paid to") and insert ("determine as representing the loss (if any) suffered or likely to be suffered by") 
     Page 136, line 4, at end insert ("is paid to that person; and in determining that loss (if any) the Regulator shall take into account any sums received or likely to be received by such person as a result of complying with such direction.") 
     The above-named Lords give notice of their intention to oppose the Question that Clause 222 stand part of the Bill. 
 
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