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

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Clause 143
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
158     Page 86, line 13, at end insert ("where the existence of the lane is clearly signed and marked on the road surface") 
159     Page 86, line 18, at end insert--
 
        ("and the existence of the bus lane is clearly signed and marked on the road surface")
 
  
Clause 144
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
160     Page 87, line 32, after second ("person") insert ("or young person under the age of 19 years and undergoing full-time education and training") 
  
BY THE LORD SWINFEN
THE LORD ADDINGTON
 
161     Page 87, line 34, leave out from ("area") to end of line 35 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
162     Page 88, line 8, at end insert--
 
    ("(6)  Where a flat fare scheme is provided which overall offers better value than a half-price travel concession the flat fare scheme may be substituted by the authority.
 
    (7)  An appeal against such substitution may be made to the traffic commissioner for the area.")
 
  
Clause 145
 
  
BY THE LORD SWINFEN
THE LORD ADDINGTON
 
163     Page 88, line 28, at end insert--
    ("(  )  is a specified companion of an eligible person who, in the opinion of the authority responsible for the administration of the scheme, requires the assistance of a companion to be able to travel on public transport, or
    (  )  is a person who has used in-patient mental health services and requires continuing support,")
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
THE LORD BEAUMONT OF WHITLEY
 
164     Page 88, line 29, leave out from ("attained") to end of line 31 and insert ("the age of sixty years or over") 
  
BY THE LORD BEAUMONT OF WHITLEY
 
165     Page 88, line 31, at end insert ("or
    (b)  an age set by a local transport authority which is equal for men and women,
as the case may be,")
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
166     Page 88, line 44, at end insert (", and where a flat fare scheme is provided which overall offers better value than a half fare scheme, the flat fare scheme may be substituted by the authority; and an appeal against such substitution may be made to the traffic commissioner for the area,") 
  
BY THE LORD SWINFEN
THE LORD ADDINGTON
 
167     Page 88, line 45, leave out from beginning to end of line 2 on page 89 
  
BY THE LORD ISLWYN
 
168     Page 89, line 1, leave out ("9.30") and insert ("9.00") 
  
BY THE LORD SWINFEN
THE LORD ADDINGTON
 
169     Page 89, line 12, at end insert--
 
    ("(  )  Where a disabled person's impairment prevents them making use of mainstream public transport services concessionary fares shall apply to services operated under sections 19 or 22 of the Transport Act 1985 that are fully accessible to people who travel in their wheelchairs.")
 
  
Clause 150
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
170     Page 91, line 36, after ("(5)") insert ("--
    (a)  in paragraph (a), the words after "attained" shall become paragraph (i) and after those words insert ", or
          (ii)  an age set by the GLA which is equal for men and women,
    as the case may be;" and
    (b)")
 
  
BY THE LORD SWINFEN
THE LORD ADDINGTON
 
171     Page 92, line 7, at end insert--
    ("(  )  who are specified companions of eligible persons who, in the opinion of the authority responsible for the administration of the scheme, require the assistance of a companion to be able to travel on public transport, or
    (  )  who are persons who have used in-patient mental health services and require continuing support."")
 
172     Page 92, line 7, at end insert--
 
    ("(  )  After that subsection insert--
        (5A)  Where a disabled person's impairment prevents them making use of mainstream public transport services concessionary fares shall apply to services operated under sections 19 or 22 of the Transport Act 1985 that are fully accessible to people who travel in their wheelchairs."")
 
173     Page 92, line 7, at end insert--
 
    ("(  )  After that subsection insert--
        (5A)  Each local authority shall, in conjunction with organisations of disabled people, make and keep under review criteria as to what constitutes an impairment or injury which seriously impairs a person's ability to walk, having regard to any guidance issued by a joint authority established to run the concessionary fare scheme.
        (5B)  All criteria and guidance under subsection (5A) above shall be made available to the public."")
 
  
BY THE LORD ISLWYN
 
174     Page 92, line 31, leave out ("9.30") and insert ("9.00") 
  
Clause 151
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
175     Page 93, line 13, after ("congestion,") insert ("road accidents,") 
  
Clause 152
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
176     Page 93, line 38, after ("schemes") insert (", quality contracts schemes") 
  
After Clause 152
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
177     Insert the following new Clause-- 
     ("  .  Existing non-statutory quality partnerships, ticketing schemes, joint marketing and publicity schemes and tendering arrangements for local bus services may remain in operation until three years after the enactment of this Act.")Existing services.
  
Schedule 10
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
178     Page 210, line 43, after ("schemes,") insert--
    ("(  )  making and varying quality contracts schemes,")
 
179     Page 211, line 7, after ("135(1),") insert--
    ("(  )  in the case of the function of making or varying a quality contracts scheme, once notice of a proposal to make or vary it has been given under section 124(1),")
 
180     Page 211, line 13, after second ("exercise") insert ("or continuation of any scheme, contract, agreement or arrangement entered into pursuant to the exercise") 
181     Page 211, line 17, after second ("exercise") insert ("or continuation of any scheme, contract, agreement or arrangement entered into pursuant to the exercise") 
182     Page 211, line 31, after ("exercise") insert ("or continuation of any scheme, contract, agreement or arrangement entered into pursuant to the exercise") 
183     Page 211, line 37, at end insert (", or
    (c)  any person resident in the area of the authority or authorities in question who is, or is likely to be, affected by the exercise of the function")
 
184     Page 211, line 41, after ("exercise") insert ("or continuation of any scheme, contract, agreement or arrangement entered into pursuant to the exercise") 
185     Page 211, line 43, after ("services") insert ("or other person") 
186     Page 212, line 10, after second ("exercise") insert ("or continuation of any scheme, contract, agreement or arrangement entered into pursuant to the exercise") 
187     Page 213, line 2, after second ("exercise") insert ("or continuation of any scheme, contract, agreement or arrangement entered into pursuant to the exercise") 
188     Page 213, line 13, after second ("exercise") insert ("or continuation of any scheme, contract, agreement or arrangement entered into pursuant to the exercise") 
189     Page 213, line 22, after ("exercise") insert ("or continuation of any scheme, contract, agreement or arrangement entered into pursuant to the exercise") 
190     Page 213, line 27, at end insert--
    ("(  )  in the case of continuation of any scheme, contract, agreement or arrangement entered into pursuant to exercise of a function, include provision as to termination of any such scheme, contract or arrangement,")
 
191     Page 213, line 30, at end insert--
    ("(  )  in the case of the exercise of the function of making or varying a quality contracts scheme, include provision requiring the variation or revocation of the scheme,")
 
  
Clause 153
 
  
BY THE LORD SWINFEN
 
192     Page 93, line 42, after ("operating") insert ("and improving accessibility to") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
193     Page 94, line 14, leave out subsection (6) 
  
After Clause 160
 
  
BY THE LORD SMITH OF LEIGH
 
194     Insert the following new Clause-- 
 ("PUBLIC AIRPORT COMPANIES> 
     .--(1)  The Secretary of State may make regulations to authorise public airport companies or any of them--
    (a)  to engage in a type of activity, specified in the regulations, in which the controlling authority have no power to engage, or
    (b)  to permit any subsidiary of the company to engage in any such type of activity,
and section 17(4) of the Airports Act 1986 shall not apply to any activity authorised by regulations under this section.
 
    (2)  In considering whether to make regulations under this section, the Secretary of State may take into consideration transport policy, the business of the airport as a commercial undertaking and the potential benefit to the economy of the implementation of the powers to be authorised by the regulations.
 
    (3)  In this section, the expressions "controlling authority" and "public airport company" have the meanings given by section 16 of the Airports Act 1986.")
Control over activities of public airport companies.
  
Schedule 11
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE VISCOUNT FALKLAND
THE VISCOUNT CRAIGAVON
 
195     Page 216, line 24, at end insert--
 
    ("  .  In section 63 (power of authorities to provide stands and racks for bicycles) for the words "and racks for bicycles" there is substituted "or racks for, or devices for securing, bicycles or motor cycles".
 
      .  In section 136(4) (meaning of "motor cycle") for "section 57" there is substituted "sections 57 and 63".")
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
196     Page 216, line 26, at end insert--
 
    ("  .  After section 6 (registration of local services), insert--
 
 Variation in registration or alteration in timing of local services.     6A.--(1)  The traffic commissioner may require the variation of the timing of the registration of a proposed bus service or alteration to the timing of an existing bus service where it appears to the commissioner that the primary aim of the proposed change is to disrupt the business of a competitor.
 
    (2)  In exercising his powers under subsection (1) the commissioner shall have regard to guidance issued by the Secretary of State.
 
    (3)  A person affected by a decision of the commissioner under subsection (1) may appeal against it to the Transport Tribunal."")
 
197     Page 218, line 30, at end insert-- 
 ("PUBLIC SERVICE VEHICLES (REGISTRATION OF LOCAL SERVICES) REGULATIONS 1986 (S.I. 1986/1671) 
      .  In regulation 4 of the Public Service Vehicles (Registration of Local Services) Regulations 1986, at the end insert--
        (13)  In respect of bus services which do not follow a fixed route and operate on an "on demand" basis and which form part of the bus strategy of a local authority, the traffic commissioner may exercise discretion in regard to the particulars of service to be registered."")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
198     Page 218, line 30, at end insert-- 
 ("Competition Act 1998 (c. 41) 
 
        .  In Schedule 11 to the Competition Act 1998--
      (a)  in paragraph 4, after "an undertaking" insert "(other than an undertaking providing services under a quality contract entered into pursuant to the Transport Act 2000)",
      (b)  in paragraph 5(2), after "legal requirement" insert "(other than a legal requirement arising under or by virtue of a quality contract scheme under the Transport Act 2000)", and
      (c)  at the end of paragraph 7 insert--
        (4)  The Secretary of State may not make an order under this paragraph in relation to a quality contract entered into pursuant to the Transport Act 2000 or any conduct under or in connection with such a contract.".")
 
  
Clause 162
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
199     Page 98, line 39, leave out from ("vehicle") to end of line 41 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)") 
  
Clause 163
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
200     Page 99, line 26, at end insert ("provided those policies lead to an overall reduction in local traffic") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
201     Page 99, line 26, at end insert--
 
    ("(3) In a case where the charging authority is a county council, it shall not make a charge in relation to a particular town in its area without the agreement of the district council within which the town is placed.")
 
202     Page 99, line 26, at end insert--
 
    ("(  )  Where a local charging scheme is introduced in order to fund improvements to facilitate the achievement of policies in the charging authority's local transport plan, the charging scheme shall cease when the relevant improvements have been paid for.")
 
  
Clause 164
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
203     Page 99, line 31, at end insert ("provided those policies lead to an overall reduction in local traffic") 
  
Clause 165
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
204     Page 100, line 3, at end insert--
 
("and provided those policies lead to an overall reduction in local traffic")
 
 
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