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

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After Clause 222
 
  
BY THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH
THE LORD MORRIS OF MANCHESTER
 
     Insert the following new Clause-- 
  
        ("  .  After section 70 of the Railways Act 1993 (code of practice for protection of interest of rail users who are disabled) insert the following section--
Securing provision at stations for accessible taxis.
1993 c. 43.
 Facilities for accessible taxis at stations.     70A.--(1)  It shall be the duty of the operator of a station, so far as it is practicable for him to do so, to provide facilities for accessible taxis to ply for hire, pick up and set down passengers at that station. 
  
        (2)  The facilities which an operator provides in accordance with subsection (1) shall, in particular, enable disabled passengers to transfer between trains and accessible taxis in safety and reasonable comfort and, in the case of disabled passengers in wheelchairs, to do so while remaining in their wheelchairs.
        (3)  Where an operator fails to provide facilities in accordance with subsection (1) the Regulator may give a direction under section 16A requiring the operator to provide such facilities and the Regulator may do so without the need to comply with the requirements of subsection (5) of that section.
        (4)  In this section--
      accessible taxi" means a taxi which conforms to or is exempt from taxi accessibility regulations made under section 32 of the Disability Discrimination Act 1995;
      taxi" means a vehicle licensed under--
      (a)  section 37 of the Town Police Clauses Act 1847,
      (b)  section 6 of the Metropolitan Public Carriage Act 1869, or
      (c)  section 10 of the Civic Government (Scotland) Act 1982.".")
 
  
Clause 223
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 137, line 22, leave out subsection (6) 
     Page 137, line 28, leave out subsection (7) 
  
Clause 224
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 138, line 22, at end insert ("; and
      (d)  the desirability of providing a financial incentive for the owners of the railway network to run more trains and for a fair division of responsibility for train delays
    but no policies may be adopted that will have the effect of imposing disproportionate penalties or materially altering the parameters within which an existing franchise was granted")
 
     Page 140, line 38, leave out ("two years") and insert ("one year") 
  
Clause 227
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 144, leave out lines 5 to 19 
     Page 144, leave out lines 30 to 44 
  
Schedule 24
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
     Page 283, line 24, after ("agreement") insert ("in respect of such access") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 283, line 40, leave out ("may") and insert ("shall") 
     Page 284, line 14, leave out ("or (b)") and insert (", (b) or (c)") 
     Page 284, line 39, leave out ("17(6)") and insert ("17(7)") 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
     Page 284, line 44, leave out ("or (b)") and insert (", (b) or (c)") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 285, line 17, at end insert--
        ("(  )  The beneficiary shall not be obliged by virtue of paragraph 7 to pay in respect of the period ending on the date specified in the termination notice as that on which the access agreement is to terminate any sum representing an increase in access charges payable by the beneficiary or comply with any changes made by the Regulator in the relevant implementation review notice.")
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
     Page 285, line 46, leave out ("or (b)") and insert (", (b) or (c)") 
     Page 285, line 49, leave out ("or (b)") and insert ("(b) or (c)") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 288, line 49, at end insert--
      ("(  )  stating why such changes differ (if they do) from those proposed by the Competition Commission under paragraph 11(3)(a),")
 
     Page 289, line 19, at end insert--
      ("(  )  stating why such changes differ (if they do) from those proposed by the Competition Commission under paragraph 11(3)(a);")
 
     Page 290, line 34, at end insert--
      ("(  )  stating why such changes differ (if they do) from those proposed by the Competition Commission under paragraph 11(3)(a),")
 
     Page 292, line 10, at end insert--
        ("(  )  The beneficiary shall not be obliged by virtue of paragraph 14 to comply with any changes made by the Competition Commission pursuant to that paragraph.")
 
  
After Clause 232
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Insert the following new Clause-- 
  
        ("  .  In section 17 of the Railways Act 1993, after subsection (8) there shall be inserted--
        (9)  The ancillary services referred to in subsection (8)(a) of this section may where the railway facility is a station, and where practicable, include one or more of the following--
      (a)  provision of information as to train services (including but not limited to those run by the beneficiary), connecting and other bus services and other transport facilities, display of information as to delays and cancellations in respect of any such services and provision of such other information as will facilitate use;
      (b)  appropriate signage on surrounding roads and other access routes;
      (c)  ticketing facilities (including automated ticketing facilities which incorporate fare and travel information) that provide not only for tickets for travel on the beneficiary's trains but for travel on other trains, connecting and other bus services and other transport facilities and for a combination of one or more of the same;
      (d)  secure facilities for parking cycles and cars, provision of cycle hire facilities and other measures designed to facilitate cycling in conjunction with use of trains;
      (e)  improved access and facilities for the disabled;
      (f)  improved lighting, access to waiting rooms (especially at night) and other measures designed to improve the safety of those using the station."")
Ancillary services.
  
Clause 240
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 152, line 31, after ("made;") insert--
      ("(  )  state in what respects the modifications differ from those modifications (if any) specified by the Competition Commission under subsection (1)(d) and why;")
 
     Page 153, line 47, after ("to") insert ("any representations copied to it under section 15(4B) and") 
     Page 154, line 4, at end insert--
      ("(  )  stating where and why the modifications proposed differ (if they do) from those proposed by the Competition Commission under section 15(1)(d),")
 
  
Clause 244
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 157, leave out lines 8 to 14 
     Page 157, line 32, leave out (""proposal or franchise agreement"") and insert (""matters in dispute"") 
  
Clause 245
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     The above-named Lords given notice of their intention to oppose the Question that Clause 245 stand part of the Bill. 
  
After Clause 245
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
 
     Insert the following new Clause-- 
 
        ("  .--(1)  In the Road Traffic Act 1988, before section 4 insert--
Offence of driving while using a hand-held mobile telephone.
1988 c. 52.
 Driving while using a hand-held mobile telephone.     3B.  If a person drives a mechanically propelled vehicle on a road or other public place while making, receiving or conducting a telephone call using a hand-held mobile telephone he is guilty of an offence."
        (2)  In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offenders), before the entry relating to section 4(1) of the Road Traffic Act 1988 insert--
 
 
        "RTA section 3B

    Driving while using a hand- held mobile telephone.

    Summarily.

    Level 4 on the standard scale.

    Discretionary.

    Obligatory.

    3-9".")

 
  
Schedule 28
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 319, line 40, at end insert--
    ("but if a penalty so imposed or sum so required to be paid when no policy has been published is materially greater than the penalty or sum that would have been appropriate if imposed or required in accordance with the first policy published by the appropriate authority, the Authority or the Regulator (as the case may be) shall repay the amount by which the penalty imposed or sum paid exceeds the penalty or sum that would have been appropriate if imposed or required in accordance with such policy")
 
  
Before Clause 253
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS SCOTT OF NEEDHAM MARKET
 
     Insert the following new Clause-- 
 ("ROAD TRAFFIC STRATEGy 
  
        .--(1)  It shall be the duty of the Secretary of State (in respect of England) or the National Assembly for Wales (in respect of Wales), within one year of the coming into force of this Act, to prepare a strategy specifying an indicative level of road traffic for each year over the next ten years such that by the year 2010, total road traffic miles do not exceed 90 per cent. of the levels which apply on the day when this Act comes into force.
        (2)  In preparing the strategy the Secretary of State or National Assembly for Wales shall consult such persons as they see fit.
        (3)  The Secretary of State or the National Assembly for Wales shall as soon as is practicable after its completion publish the strategy and take such steps as are in their opinion necessary to ensure that the indicative levels are met.
        (4)  The Secretary of State or the National Assembly for Wales shall thereafter report from time to time on the progress of the strategy.
        (5)  The Secretary of State or the National Assembly for Wales may amend the strategy from time to time as they see fit to ensure that the indicative levels are met.")
Road traffic strategy.
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE EARL OF MAR AND KELLIE
 
     Insert the following new Clause-- 
 ("Inshore shipping services 
  
        .--(1)  The Secretary of State may enter into agreements or other arrangements--
      (a)  for the purpose of securing the provision, improvement or development by others of any inshore shipping services or maritime assets, or
      (b)  for any purpose relating to inshore shipping services.
        (2)  Agreements or other arrangements entered into under this section may provide for the Secretary of State--
      (a)  to make grants or other payments or loans,
      (b)  to give guarantees, or
      (c)  to invest in bodies corporate,
    on such terms and subject to any such conditions as the Secretary of State considers appropriate.
        (3)  The Secretary of State shall not enter into agreements or other arrangements under this section for the purpose of securing the provision, improvement or development in Scotland of--
      (a)  services for the carriage of cargo by sea,
      (b)  facilities for or in connection with the carriage of cargo by sea or the loading or unloading of cargo carried or intended to be carried by sea,
    if the Scottish Ministers have power to do so.
        (4)  In this section--
      facilities" includes vessels, pilotage, buoyage, harbours, piers, jetties, equipment for embarcation and dis-embarcation and equipment for loading and unloading cargo;
      inshore shipping" includes coastal, island to mainland, inter-island, canal, navigable river, loch, lough and lake.")
Inshore shipping services.
  
Schedule 29
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 321, line 26, leave out from ("Schedule,") to the end of line 28 
     Page 322, line 20, after ("who") insert ("with intent to defeat the proper exercise by an authorised person of his powers under this Schedule,") 
     Page 322, line 25, after ("who") insert (", with intent to defeat the proper exercise by an authorised person of his powers under this Schedule,") 
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
 
     Page 322, line 45, leave out from ("informing") to ("that") in line 32 and insert ("the registered keeper or other persons who may be entitled to the goods vehicle") 
     Page 322, line 52, at end insert (", and
      (c)  special attention to be paid to the needs of persons engaged in the business of hiring and leasing vehicles")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 323, line 15, leave out ("may") and insert ("shall") 
     Page 324, line 41, leave out ("may") and insert ("shall") 
     Page 325, line 15, leave out ("intentionally") and insert ("with intent to defeat the proper exercise by an authorised person of his powers under this Schedule") 
 
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