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

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Clause 57
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
92     Page 39, line 11, leave out subsection (4) 
  
Clause 62
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
93     Page 42, line 23, leave out ("49, 50 or") 
94     Page 42, line 28, leave out ("49 or") 
  
After Clause 64
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
95     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.
  
BY THE LORD BRETT
THE LORD LEA OF CRONDALL
THE LORD CLINTON-DAVIS
THE LORD HOYLE
 
96     Insert the following new Clause-- 
     ("  .--(1)  In this section--
      NATS employer" includes NATS, any designated company which succeeds to the business of NATS and any employer other than a designated company which succeeds to or acquires any part of the business of NATS;
      protected beneficiary" includes--
            (a)  any person who, on the transfer date, is employed by NATS and is an active member of the Scheme;
            (b)  any person who is employed by NATS on the transfer date, but is then too young to join the Scheme, and who subsequently joins;
            (c)  any person who is not an active member of the Scheme on the transfer date but who is subsequently entitled to rejoin as a NATS employee without a break in their continuity of employment;
            (d)  any person who is not an active member of the Scheme on the transfer date, but who is entitled to accrued pension rights under the Scheme at that date; and
            (e)  any person who is prospectively or contingently entitled to benefit under the Scheme on the death of a person covered under (a) to (d) above;
      relevant scheme" means the Scheme or any other scheme of a NATS employer that covers protected beneficiaries, and that provides benefits in respect of the protected beneficiaries which are at least equivalent in value to those applicable to the protected beneficiaries as at the transfer date;
      Scheme" means the Civil Aviation Authority Pension Scheme;
      transfer date" means the date of the transfer of NATS to the public-private partnership.
    (2)  NATS (or, if appropriate, the designated company) shall, subject to the consent of the Pension Schemes Office of the Inland Revenue, participate in the Scheme as a non-associated employer.
 
    (3)  If NATS (or the designated company) does participate in the Scheme as a non-associated employer, a proportion of the total assets of the Scheme shall be segregated for the benefit of the protected beneficiaries and the share of assets so segregated shall be equal in proportion to the proportion that the Scheme liabilities in respect of the protected beneficiaries bears to the Scheme's liabilities as a whole.
 
    (4)  If NATS (or the designated company) is unable to participate in the Scheme, that NATS employer shall instead make available a relevant scheme for the benefit of the protected beneficiaries.
 
    (5)  If the shares or business of NATS (or the designated company), or any part of that business, is transferred to a NATS employer other than NATS or a designated company, that NATS employer shall become a non-associated employer in the Scheme and if that is not possible that NATS employer shall instead make available a relevant scheme for the benefit of the protected beneficiaries.
 
    (6)  For the purposes of subsections (4) and (5), if a NATS employer is to make available a relevant scheme other than the Scheme, a share of the assets of the Scheme (or of the previous relevant scheme if not the Scheme) shall be transferred to the receiving relevant scheme, calculated on the basis described in subsection (3).
 
    (7)  If a protected beneficiary transfers to the employment of another employer that also participates in the Scheme but which is not a NATS employer, that beneficiary shall remain a protected beneficiary for the purposes of the benefits to be provided to and in respect of him under the relevant scheme and if that beneficiary subsequently transfers back to the employment of a NATS employer he shall still remain a protected beneficiary.
 
    (8)  For so long as a NATS employer remains as a participating employer of the Scheme in respect of protected beneficiaries, one trustee of the Scheme shall be a member representative selected from amongst the protected beneficiaries, and one trustee of the Scheme shall be an employer representative of the NATS employer.
 
    (9)  The NATS employer shall contribute to the relevant scheme at no less than the rate recommended by that scheme's actuary as being sufficient to secure the accrued rights from time to time of the protected beneficiaries in full by the purchase of annuities and the NATS employer shall not be entitled unilaterally to suspend or terminate its contributions to the relevant scheme except upon its insolvency.
 
    (10)  On the full winding-up of a relevant scheme, or on a partial winding-up which involves protected beneficiaries, any shortfall in the assets required to buy out the accrued rights at that time of the protected beneficiaries shall be met in full by the relevant NATS employer and shall be treated as a debt on the employer.
 
    (11)  If, on the full or partial winding-up of a relevant scheme as described in subsection (10), the trustees wish, rather than securing benefits by the purchase of annuities, to pay a bulk transfer to another scheme, that other scheme shall be a relevant scheme and the transfer value payable in respect of the protected beneficiaries shall be sufficient to secure a buy out of their accrued rights if the receiving scheme were to be wound up immediately following the transfer.
 
    (12)  The NATS employer shall provide future benefits in the relevant scheme which, in respect of the protected beneficiaries, are at last equivalent in value to those available under the Scheme at the transfer date.
 
    (13)  No amendment may be made to a relevant scheme which would result in a reduction of the accrued or future rights of protected beneficiaries, nor in an increase in the contributions payable by protected beneficiaries who are active members.")
Pension entitlement of present and former employees of NATS.
  
Clause 65
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
97     Page 43, line 6, at end insert--
    ("(  )  not for profit company;")
 
98     Page 43, line 14, at end insert--
 
    ("(2A)  Not for profit company" has the meaning given in section (Transfer to be to not for profit company).")
 
  
Clause 66
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
99     Page 44, line 6, leave out subsection (2) 
  
Clause 68
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
100     Page 45, leave out lines 4 to 9 
  
After Clause 69
 
  
BY THE LORD BRABAZON OF TARA
 
101     Insert the following new Clause-- 
     ("  .  The Secretary of State may make regulations allowing an airport operator to apply penalties to the operators of air services when those services deviate from approved corridors or routes for take-off or landing.")Penalties for deviation from approved routes for take-off or landing.
  
Clause 70
 
  
BY THE VISCOUNT GOSCHEN
 
102*     Page 45, line 34, at end insert ("and of all classes of aircraft user") 
  
Clause 71
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
103     Page 46, line 30, at end insert--
    ("(c)  to supply information which is commercially confidential or price sensitive")
 
  
Clause 73
 
  
BY THE VISCOUNT GOSCHEN
 
     The Viscount Goschen gives notice of his intention to oppose the Question that Clause 73 stand part of the Bill. 
  
Clause 75
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
104     Page 49, line 16, leave out subsection (7) 
  
Clause 93
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
105     Page 58, line 5, at end insert--
    ("(  )  give such directions of a general character to any licence holder and the CAA as to the performance of their functions as he thinks appropriate to give in the interests of national security;")
 
106     Page 58, line 15, at end insert ("(including a person providing the same pursuant to an air traffic administration order)") 
107     Page 59, line 23, at end insert--
 
    ("(11)  Nothing arising from the European Communities Act 1972 shall limit the powers of the Secretary of State to give directions under this section.")
 
  
Schedule 9
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
108     Page 209, line 22, at end insert--
    ("(  )  in connection with any matter that has an adverse effect on the safe operation of the United Kingdom air traffic control system.")
 
  
Before Clause 107
 
  
BY THE LORD BERKELEY
 
109     Insert the following new Clause-- 
 ("DUTIES OF LOCAL TRANSPORT AUTHORITIES> 
     .  Each local transport authority shall have a duty--
    (a)  to promote sustainable transport, including especially all forms of public passenger transport, and the conveyance of freight by rail or water, and
    (b)  to identify and safeguard such land as may be required for the improvement of transport infrastructure, including interchanges between modes.")
Duties of local transport authorities.
  
Clause 107
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
110     Page 65, line 23, at end insert (", and
    (c)  those required for business and commerce operating in the area;")
 
111     Page 65, line 23, at end insert (", and
    (c)  those required to reduce atmospheric pollution and greenhouse gas emissions;")
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
112     Page 65, line 25, after ("document") insert ("containing targets") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
113     Page 65, line 26, at end insert--
 
    ("(  )  In preparing its local transport plan each local transport authority shall set out its policies for improving the movement of freight and people by whatever mode including walking and cycling, and the development of opportunities to transfer from one mode to another.
 
    (  )  Each local transport authority will in preparing a local transport plan have regard to (but need not be constrained by) the contents of any unitary development plan (or other published plan setting out planning policies) of any relevant authority and will set out how it envisages transport demand and provision developing over the period of such unitary development plan (or other such published plan as is referred to above).
 
    (  )  Each local transport authority which is also a planning authority shall review its unitary development plan (or other published plan setting out its planning policies) at the earliest permissible stage with a view to ensuring that the objectives of and policies in its unitary development plan (or other such plan) are consistent with the objectives of and policies in its local transport plan.")
 
  
After Clause 107
 
  
BY THE LORD SWINFEN
THE LORD ADDINGTON
 
114     Insert the following new Clause-- 
     ("  .--(1)  In addition to containing the proposals and policies required by section 107 above, the local transport plan--
    (a)  shall contain the Authority's proposals for the provision of transport which is accessible to disabled people;
    (b)  shall specify a timetable for the implementation of the proposals contained in the transport strategy by virtue of paragraph (a) above.
    (2)  In preparing or revising the transport strategy the Authority shall consult--
    (a)  the Disabled Persons Transport Advisory Committee; and
    (b)  such other persons or bodies which represent the interests of disabled people as it considers appropriate to consult.")
Local transport plan: accessible transport for disabled people.
  
Clause 108
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
115     Page 65, line 34, at end insert ("and its targets") 
116     Page 65, line 35, leave out ("and alter it if they consider it appropriate to do so") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
117     Page 65, line 36, leave out ("five") and insert ("ten") 
  
BY THE LORD SWINFEN
THE LORD ADDINGTON
 
118     Page 66, line 12, after second ("it)") insert ("in the format of their choice") 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
THE LORD BEAUMONT OF WHITLEY
 
119     Page 66, line 14, at end insert--
 
    ("(  )  In preparing and altering their plan, each local transport authority must ask people living or working in their area about their transport needs.")
 
  
After Clause 108
 
  
BY THE LORD SWINFEN
THE LORD ADDINGTON
 
120     Insert the following new Clause-- 
     ("  .--(1)  Each local transport plan must include a document to be known as the local walking strategy containing their general policies as to how best to carry out their functions in order to secure that--
    (a)  the pedestrian environment meets the transport requirements of persons within the authority's area as the authority considers should be met by such services;
    (b)  the pedestrian environment is provided to the standard which the authority considers they should be provided;
    (c)  such additional facilities and services connected to the pedestrian environment are provided as the authority considers should be provided.
    (2)  In formulating their local walking strategy, the authority must have regard to the transport needs of persons who are elderly or disabled.")
Local walking strategy.
  
BY THE BARONESS THOMAS OF WALLISWOOD
BARONESS SCOTT OF NEEDHAM MARKET
 
121     Insert the following new Clause-- 
     ("  .  The Secretary of State shall, within 5 years of the coming into effect of this Act, publish revised guidance for the making of local speed limit orders in the context of a speed management strategy forming part of a local transport plan.")Local speed limit orders: guidance.
 
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