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

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Clause 171
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
226     Page 103, line 14, at end insert ("which shall include exemption for recognised emergency services, people undertaking repairs to public utilities, and doctors, nurses and mid-wives visiting patients") 
  
BY THE VISCOUNT SIMON
 
227     Page 103, line 14, at end insert ("including exemptions in respect of people who are registered as disabled and people who have a chronic illness which prohibits them from using public transport") 
  
BY THE LORD BERKELEY
THE LORD LEA OF CRONDALL
 
227A*     Page 103, line 16, at end insert-- 
 ("except that no provision under paragraph (a) or (b) shall be made in respect of-- 
 
          (i)  a charging authority (as defined in section 162), or
          (ii)  any other public sector organisation.")
 
  
Clause 172
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
228     Page 104, line 10, after ("if") insert (", with intent to avoid payment of a charge imposed by a charging scheme under this Part,") 
  
Clause 173
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
229     Page 104, line 41, leave out ("or requiring") 
230     Page 105, line 4, leave out ("he intentionally") and insert (", with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme, he") 
231     Page 105, line 13, leave out ("or requiring") 
232     Page 105, line 19, at end insert--
 
    ("(7)  In exercising its powers pursuant to regulations made under this section, a charging authority shall exercise reasonable care and use the minimum force necessary, and shall be liable to compensate the registered owner of the relevant motor vehicle and any other person for any loss suffered by him as a result of its failure to do so.")
 
  
Clause 174
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
233     Page 105, line 21, leave out ("or requiring") 
234     Page 105, line 32, after ("if") insert (", with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme,") 
235     Page 105, line 36, after ("if") insert (", with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme,") 
236     Page 105, line 40, leave out ("he intentionally") and insert (", with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme, he") 
  
Clause 177
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
237     Page 107, line 7, at end insert--
 
    ("(  )  Licensing schemes imposing charges in respect of the provision of workplace parking places at premises in the area covered by the scheme must be established immediately after the day on which this Act is passed and applied by all local premises unless the premises have opted out of the scheme with good reason (as defined by the local transport authority) by applying directly to that authority.")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
238     Page 107, line 11, leave out paragraph (b) 
239     Page 107, line 28, at end insert--
 
    ("(  )  No licensing authority shall introduce the workplace parking levy before 1st January 2004 and then only if they can produce evidence that expenditure on transport infrastructure in the relevant area has already increased by at least 20 per cent above the level of such expenditure in 1999-2000 and as a result congestion has reduced by 20 per cent.")
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
240     Page 107, line 28, at end insert--
 
    ("(  )  A licensing scheme shall be agreed at a regional level between local transport executives and charges shall be consistent across that region.")
 
  
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 177 stand part of the Bill. 
  
Clause 178
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
241     Page 107, line 45, at end insert--
 
    ("(3)  In a case where the licensing authority is a county council, it shall not make a licensing scheme in relation to a particular town in its area without the agreement of the district council within which the town is placed.")
 
242     Page 107, line 45, at end insert--
 
    ("(3)  A local licensing scheme or a joint local licensing scheme shall only be made after a full cost benefit analysis has been made of the impact it will have on the community affected and the public has been fully consulted about its introduction.")
 
  
Clause 181
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
243     Page 108, line 36, at end insert--
 
    ("(  )  Any business in a rural area shall be exempt from any levy.")
 
244     Page 108, line 36, at end insert--
 
    ("(  )  Any business providing fewer than 10 workplace parking spaces shall be exempt from any levy.")
 
245     Page 108, line 36, at end insert--
 
    ("(  )  Where a business has introduced or introduces a `green transport programme' which significantly reduces the need for travel by car it shall be exempt from any levy.")
 
246     Page 108, line 36, at end insert--
 
    ("(  )  Where it is necessary for a business to work in shifts, those workplace parking spaces assigned to shift workers shall be exempt from any levy.")
 
247     Page 108, line 36, at end insert--
 
    ("(  )  Where the business concerned is a recognised emergency service it shall be exempt from any levy.")
 
  
Clause 184
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
248     Page 110, line 38, leave out ("may at any time") and insert ("shall") 
249     Page 110, line 39, after ("other") insert ("interested") 
250     Page 110, line 39, after ("persons") insert ("and relevant organisations") 
251     Page 110, line 42, leave out ("may") and insert ("shall") 
252     Page 110, line 44, leave out ("may") and insert ("shall") 
253     Page 110, line 44, after ("persons") insert ("(who shall be suitably qualified and independent of the licensing authority or licensing authorities)") 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
254     Page 111, line 8, leave out paragraphs (a) and (b) and insert ("may direct the relevant charging authority or authorities to re-examine specified particulars of a charging 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
 
255     Page 111, line 13, leave out ("may, at any time") and insert ("shall,") 
256     Page 111, line 15, after ("other") insert ("interested") 
257     Page 111, line 15, after ("persons") insert ("and relevant organisations") 
258     Page 111, line 16, after ("other") insert ("interested") 
259     Page 111, line 16, after ("persons") insert ("and relevant organisations") 
  
Clause 185
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
260     Page 112, line 10, leave out ("may") and insert ("shall") 
  
Clause 186
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
261     Page 112, line 20, at beginning insert ("additional") 
  
BY THE LORD SMITH OF LEIGH
 
261A     Page 112, line 22, at end insert (",  or
    (d) allowing schemes to apply to parking places rather than vehicles")
 
  
Clause 187
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
262     Page 113, line 1, leave out subsection (3) 
263     Page 113, line 1, at end insert--
 
    ("(  )  Applications for variations in a licence shall be decided within 30 days or will be deemed to be granted.")
 
  
Before Clause 190
 
  
BY THE LORD LEA OF CRONDALL
THE LORD BERKELEY
 
263A*     Insert the following new Clause-- 
     ("  .  The Secretary of State shall draw up model guidelines on consultation with employers affected by the introduction of road user charging schemes or a workplace parking levy.")Model guidelines on consultation with employers.
263B*     Insert the following new Clause-- 
     ("  .  Local authorities shall promote the drawing up by employers of Green Transport Plans and stipulate that these are discussed at an early stage with employees and their representatives.")Green Transport Plans.
  
Schedule 12
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
264     Page 219, line 10, at end insert--
 
("and includes the amount of any VAT charged on road user charges or workplace parking levies")
 
265     Page 221, line 34, leave out paragraph 9 and insert--
 
    ("9.  The appropriate national authority may by regulation make provision for paragraph 8 to apply with the substitution for the number for the time being mentioned in sub-paragraph (5) of that paragraph of a number of years greater than ten.")
 
  
Clause 193
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
266     Page 115, line 21, after ("subsection") insert ("(1), (2) or") 
267     Page 115, line 26, at end insert--
 
    ("(5)  If any information is disclosed in contravention of subsection (4), the charging authority or licensing authority in question shall be liable to compensate the person who provided such information for any loss suffered as a result of such disclosure.")
 
  
Schedule 13
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
268     Page 225, line 5, leave out from ("vehicle") to end of line 6 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)."") 
269     Page 225, line 39, after ("if") insert ("with intent to avoid payment of a charge imposed by a charging scheme") 
270     Page 226, line 19, leave out ("intentionally") and insert ("with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme") 
271     Page 226, line 40, after ("who") insert ("with intent to avoid payment of a charge imposed by a charging scheme") 
272     Page 226, line 44, leave out ("intentionally") and insert ("with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme") 
273     Page 227, line 39, at end insert--
 
("and the charging authority shall be liable to compensate any person in respect of whom information has been obtained for any loss suffered as a result of its use in contravention of this sub-paragraph."")
 
274     Page 230, line 30, at end insert--
 
("and the licensing authority shall be liable to compensate any person in respect of whom information has been obtained for any loss suffered as a result of its use in contravention of this sub-paragraph."")
 
  
Clause 201
 
  
BY THE LORD SWINFEN
THE LORD ADDINGTON
 
275     Page 119, line 14, at end insert ("  , and
    (c)  at least one person representative of disabled people")
 
  
BY THE LORD BERKELEY
 
276     Page 119, line 25, at end insert--
    ("(c)  one person appointed by him to represent the needs of rail passengers,
    (d)  one person appointed by him to represent the needs of rail freight, and
    (e)  one person who has experience of work in a local transport authority")
 
  
Schedule 14
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
277     Page 232, line 3, at end insert--
 
    ("(  )  Full details of staff numbers shall be published in an annual return.")
 
278     Page 233, line 5, at end insert (", the amount of such grant to be determined for a period of not less than three years and be notified to the Authority in sufficient time to enable it to have regard to the amount of grant so determined in formulating strategies in respect of that period in accordance with section 205.") 
279     Page 233, line 24, leave out paragraph (a) 
280     Page 233, line 25, leave out ("greater") 
281     Page 236, line 11, leave out paragraph 16 
 
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