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

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After Clause 249
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
363     Insert the following new Clause-- 
     ("  .  In exercising his powers under the Railways Act 1993 (and in particular under sections 9, 17, 18, 19, 21 and 57 and Schedule 4A) the Regulator shall have regard to the need to provide financial incentives to facility owners and installation owners to increase the number of railway services using their facilities and installations and to provide new facilities and installations for that purpose.")Financial incentives to facility owners.
364     Insert the following new Clause-- 
     ("  .  The Authority shall exercise its powers under section 80 of the Railways Act 1993 to obtain information (and publish the same in such manner as is calculated to bring it to the attention of those with an interest in such information) at such intervals as it may consider appropriate regarding--
    (a)  spare capacity in respect of railway facilities and network installations, and
    (b)  assets, revenue and profits by reference to such regions as the Authority may consider appropriate.")
Information about capacity and regional financial performance.
365     Insert the following new Clause-- 
     ("  .  The Authority shall have the power to require any facility owner or installation owner to provide to the Authority an independently audited report (which the Authority shall publish the same in such manner as is calculated to bring it to the attention of those with an interest therein)--
    (a)  in relation to the condition of the assets owned by such facility owner or installation owner (and the Authority shall exercise such power once a year), and
    (b)  in relation to any projected costs contained in any statement or other document provided to the Authority by such facility owner or installation owner.")
Power to require reports from facility or installation owner.
366     Insert the following new Clause-- 
     ("  .--(1)  Any person may apply to the Authority for permission to construct or operate new railway facilities or new network installations and the Authority may grant such permission on such terms as it may consider appropriate.
 
    (2)  A permission granted under subsection (1) shall not obviate the need for the applicant to obtain the appropriate licence from the Regulator and such other permissions and consents that may be necessary for the purpose of constructing or operating such railway facility or network installation or to enter into any access contract that may be required in connection therewith.
 
    (3)  In the event of a dispute between the applicant and any relevant facility owner or installation owner as to the charges payable to such facility owner or installation owner under any access contract required, either person may refer the matter to the Regulator whose ruling as to such charges shall be binding on the applicant and the relevant facility owner or installation owner.")
Permission to construct or operate new railway facilities etc.
  
Schedule 27
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
367     Page 312, line 13, leave out paragraph 19 
368     Page 312, line 37, leave out sub-paragraph (3) 
369     Page 313, line 42, leave out sub-paragraph (2) 
370     Page 314, line 40, leave out paragraph (b) 
  
Schedule 28
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
371     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
 
372     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
 
373     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
 
374     Page 321, line 26, leave out from ("Schedule,") to end of line 28 
375     Page 322, line 20, after ("who,") insert ("with intent to defeat the proper exercise by an authorised person of his powers under this Schedule,") 
376     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
 
377     Page 322, line 45, leave out from ("informing") to ("that") in line 46 and insert ("the registered keeper or other persons who may be entitled to the goods vehicle") 
378     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
 
379     Page 323, line 15, leave out ("may") and insert ("shall") 
380     Page 324, line 41, leave out ("may") and insert ("shall") 
381     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") 
  
After Clause 255
 
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
 
382     Insert the following new Clause-- 
     ("  .  In Schedule 3 of the Goods Vehicles (Licensing of Operators) Act 1995 (qualifications for standard licence), after paragraph 2(b) there is inserted--
    (c)  has within the last two years employed one or more drivers that he knew or suspected were illegally claiming unemployment benefits; or
    (d)  has within the last two years employed one or more drivers that were illegally claiming unemployment benefits and having failed to take suitable measures to ascertain whether or not they were claiming benefits or to remit national insurance deductions to the Contributions Agency."")
Operators' licences: good repute.
383     Insert the following new Clause-- 
     ("  .--(1)  In the Goods Vehicles (Licensing of Operators) Act 1995, for section 3 substitute--Goods vehicle licences.
 Licence authorisations.     3.--(1)  A licence may authorise a goods vehicle to be used for the carriage of goods-- 
  
    (a)  on both national and international transport operations; or
 
  
    (b)  on national transport operations only.
    (2)  A person who uses a goods vehicle for carrying goods for hire or reward on international transport operations under a licence which covers the carriage of goods on national transport operations only is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale."
 
      (2)  In section 13 of that Act (determination of applications for operators' licensing)--
    (a)  in subsection (1) omit the word "standard"; and
    (b)  omit subsections (2) and (4).")
 
384     Insert the following new Clause-- 
      ("  .  In the Goods Vehicles (Licensing of Operators) Act 1995, section 4 (temporary exemptions) shall cease to have effect.")Repeal of section 4 of 1995 Act.
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
385     Insert the following new Clause-- 
      ("  .  In section 13(5) of the Goods Vehicles (Licensing of Operators) Act 1995, after paragraph (d) there shall be inserted--
      (dd) in permitting goods vehicles operators to establish an operating centre the traffic commissioner is satisfied that the centre is available, suitable and of sufficient capacity and must take into account the suitability of the local public road network for the establishment of such a centre."")
Operating centres for goods vehicles: licence conditions.
386     Insert the following new Clause-- 
 
        ("  .  In section 26(1) of the Goods Vehicles (Licensing of Operators) Act 1995, for paragraph (f) there shall be substituted--
      (f) that any undertaking recorded in the licence, whether given (or procured to be given) for any purpose in regard to an operator's licence has not been fulfilled;".")
Revocation etc of operator's licence.
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
 
387     Insert the following new Clause-- 
     ("  .  In section 13(2) of the Goods Vehicles (Licensing of Operators) Act 1995 (determination of applications for operators' licences)--
    (a)  at the end of paragraph (a) omit "and", and
    (b)  at the end of paragraph (b) insert "and
      (c)  whether he is professionally competent."")
Determination of application for operators' licences.
388     Insert the following new Clause-- 
     ("  .  In section 13(2) of the Goods Vehicles (Licensing of Operators) Act 1995 (determination of applications for operators' licences)--
    (a)  at the end of paragraph (a) omit "and", and
    (b)  at the end of paragraph (b) insert "and
      (c)  whether he is of good repute.".")
Determination of application for operators' licences (No. 2).
389     Insert the following new Clause-- 
     ("  .  In paragraph 1 of Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary provision as to qualifications for PSV operators licence at the end of sub-paragraph (2) there is inserted--
    (c)  whether the company has within the last two years employed one or more drivers who the company's officers knew or suspected were illegally claiming unemployment benefits; or
    (d)  whether the company has within the last two years employed one or more drivers who were illegally claiming unemployment benefits and failed to take suitable measures to ascertain whether or not they were claiming benefits or to remit national insurance deductions to the Contributions Agency."")
Licensing of PSV operators.
  
BY THE LORD BRADSHAW
 
390     Insert the following new Clause-- 
     ("  .  In the Public Passenger Vehicles Act 1981, at the end of section 14(3) there is inserted--
    (c)  that an operating centre is available, suitable and of sufficient capacity;
    (d)  that the local public road network is suitable for the establishment of such a centre; and
    (e)  that the planning provisions relating to operating centres contained in section 14 of the Goods Vehicles (Licensing of Operators) Act 1995 have been or are being complied with."")
Grant of PSV operator's licence.
 
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