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

back to previous amendments
 
  
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--
 
 <~et>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")
 
  
Clause 166
 
  
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 166 stand part of the Bill. 
  
After Clause 166
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
205     Insert the following new Clause-- 
     ("  .  Where a road is carried by a bridge or passes through a tunnel and is subject to an Act of Parliament which requires a charging scheme and that Act provides that the charges shall cease in defined circumstances, the re-introduction of charges (or the continuation of charges) shall not be permitted as a result of this Part when the relevant conditions have been met.")Roads carried on bridges or tunnels: charging schemes.
  
Clause 167
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
206     Page 100, line 23, leave out ("any of") 
  
Clause 169
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
207     Page 101, line 23, leave out ("may at any time") and insert ("shall") 
208     Page 101, line 24, after ("other") insert ("interested") 
209     Page 101, line 24, after ("persons") insert ("and such organisations representative of those affected or likely to be affected by the charging scheme, its variation or revocation, and such other persons as are appropriate,") 
210     Page 101, line 25, at end insert--
 
    ("(  )  A cost benefit analysis of the impact of any order on the community concerned shall be included in the information available to those consulted during the consultation process.")
 
211     Page 101, line 27, leave out ("may") and insert ("shall") 
212     Page 101, line 29, leave out ("may") and insert ("shall") 
213     Page 101, line 29, after ("persons") insert ("(who shall be suitably qualified and independent of the charging authority or charging authorities)") 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
214     Page 101, line 38, leave out paragraphs (a) and (b) and insert ("may direct the relevant licensing authority or authorities to re-examine specified particulars of a licensing scheme under this Part, or to vary or revoke such a scheme") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
215     Page 101, line 44, leave out ("may, at any time") and insert ("shall,") 
216     Page 101, line 46, after ("other") insert ("interested") 
217     Page 101, line 46, after ("persons") insert ("and relevant organisations") 
218     Page 102, line 1, after ("other") insert ("interested") 
219     Page 102, line 1, after ("persons") insert ("and relevant organisations") 
  
Clause 170
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE VISCOUNT FALKLAND
 
220     Page 102, line 25, at end insert ("and for the purpose of this section the class of vehicle should be defined as a powered vehicle with three or more wheels") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
221     Page 102, line 27, at end insert ("for ten years or") 
222     Page 102, line 28, leave out from first ("indefinitely") to end of line 29 
223     Page 102, line 29, at end insert (", and
    (f)  state whether the charging scheme will cease in the event that the monies provided annually by government to local government for highways and transport purposes (as exemplified in the annual Revenue Support Grant negotiations) are reduced year on year for more than one year.")
 
224     Page 103, line 2, at end insert (", and
    (f)  different classes of road-user.")
 
225     Page 103, line 2, at end insert--
 
    ("(  )  In setting the charges imposed by a charging scheme under this Part the reasons for imposing different charges for different cases (as under subsection (5)) must be specified by the charging authority.")
 
 
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