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

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Clause 204
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
282     Page 120, line 10, at end insert (", and
    (d)  to oversee the specification of rail services in metropolitan areas, responsibility for which it shall delegate to the appropriate Passenger Transport Executive, or in the case of Greater London, Transport For London")
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
 
283     Page 120, line 10, at end insert--
    ("(d)  to identify unmet needs for railway services; and
    (e)  to expand the railway network where appropriate")
 
  
Clause 205
 
  
BY THE LORD SWINFEN
THE LORD ADDINGTON
 
284     Page 120, line 17, at end insert ("including representatives of disabled people") 
  
BY THE LORD BERKELEY
 
285     Page 120, line 26, leave out from beginning to first ("by") in line 28 and insert--
 
    ("The Authority shall formulate a strategy for securing the provision of services in various parts of Great Britain for the carriage of passengers and freight")
 
  
After Clause 205
 
  
BY THE LORD BERKELEY
 
286     Insert the following new Clause-- 
     ("  .--(1)  The Authority shall publish regular performance measures on all scheduled passenger services.
 
    (2)  For franchised services, the Authority shall maintain a public performance measure covering all scheduled services.
 
    (3)  For services not subject to franchising agreements, the Authority shall procure from operators and their employing authority equivalent information and publish it alongside those of franchised services.
 
    (4)  For international services, performance information applies to the UK part only.
 
    (5)  Exemptions from performance measures may be granted to heritage railways.
 
    (6)  The Authority shall publish minimum standard levels for each franchise operator together with levels of performance at which penalties apply and at which a franchise holder may be--
    (a)  deprived of his franchise, or
    (b)  prevented from applying for other franchises for specific periods.")
Performance measures and minimum standard levels.
  
Clause 206
 
  
BY THE LORD BERKELEY
 
286A     Page 121, line 3, after ("particular,") insert ("co-ordination of timetables and connections throughout Great Britain on the basis of regular patterns of service, and") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
287     Page 121, line 4, after ("tickets") insert ("including those which involve the use of other forms of transport in conjunction with railway services) and the integration of the railway information and ticket booking facilities,") 
  
BY THE LORD BERKELEY
 
288     Page 121, line 4, at end insert--
    ("(  )  to promote measures designed to facilitate the transport of goods by rail and its integration with other transport modes,")
 
289     Page 121, line 9, at end insert (", and
    (g)  to enable persons providing services and equipment to the railways to plan the future of their businesses with a reasonable degree of assurance")
 
  
BY THE LORD SMITH OF LEIGH
 
289A     Page 121, line 9, at end insert (",  and
    (  ) to facilitate the achievement of local transport plans")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
290     Page 121, line 19, after first ("it") insert ("and") 
291     Page 121, line 19, leave out ("and any investment in bodies corporate by it") 
  
BY THE LORD BERKELEY
 
292     Page 121, line 30, at end insert--
 
    ("(  )  In exercising its functions in accordance with subsections (1) and (2) the Authority shall have regard to the local transport plans prepared by local transport authorities in accordance with section 107.")
 
293     Page 121, line 30, at end insert--
 
    ("  (  )  In exercising its functions in accordance with subsections (1) and (2) the Authority shall have regard to the regional transport strategies.")
 
  
Clause 207
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
 
294     Page 121, line 45, leave out ("or with the Authority's financial framework") 
295     Page 122, line 5, at end insert--
 
    ("(  )  Where the Authority propose not to comply with the directions or guidance of Scottish Ministers they shall notify the Scottish Ministers of this and their reason for so doing.
 
    (  )  Where Scottish Ministers do not agree with the reasons given by the Authority for not complying with their directions they may refer the matter to the Secretary of State for decision which he shall issue as a direction under section 206(5).")
 
  
Clause 210
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
296     Page 122, line 26, after ("may") insert (", subject to implementing an appropriate tendering process (where practicable),") 
297     Page 122, line 31, leave out subsection (2) 
298     Page 122, line 35, leave out paragraph (c) 
299     Page 122, line 38, at end insert ("consistent with the strategies it has adopted") 
  
BY THE LORD BERKELEY
 
300     Page 123, line 16, at end insert--
 
    ("(  )  The repeal of sections 137 and 139 of the Railways Act 1993 (as set out in Schedule 30) shall not come into effect until similar or wider schemes have been brought into operation; and the Authority shall consult the industry on the content of such schemes.")
 
  
Clause 211
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
301     Page 123, line 36, at end insert--
 
    ("(2C)  The Authority shall not exercise its powers under subsections (2A) and (2B) unless necessary for the purpose of its existing powers under section 30."")
 
302     Page 123, line 36, at end insert--
 
    ("(2C)  The Authority shall not exercise its powers under subsections (2A) and (2B) unless necessary for the purpose of exercising its powers under section 30(1)(a)."")
 
303     Page 123, line 37, leave out from ("franchise)") to end of line 19 on page 124 and insert ("in subsection (1), omit the words "Unless the Secretary of State otherwise directs,".") 
304     Page 123, line 39, leave out from beginning to end of line 19 on page 124 and insert--
        (""(4)  The Secretary of State may only make a direction under subsection (1) if he shall be in possession of evidence that the person the Authority has chosen or proposes to choose is not a suitable person to be the franchisee and, if he makes such a direction, the Authority shall either appoint another person from among those who submitted tenders in response to the relevant invitation to tender or, if there is no such person or it considers it appropriate to do so, issue a further invitation to tender."")
 
305     Page 126, line 47, after ("end") insert ("and the Authority proposes to tender or retender the services in question") 
306     Page 127, line 2, leave out from ("services") to end of line 6 and insert ("(other than in the circumstances referred to in subsection (a) above) because the tendering or retendering process has not been completed") 
  
After Clause 211
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
307     Insert the following new Clause-- 
     ("  .  After section 26 of the Railways Act 1993 there shall be inserted--Tenders and franchise agreements: relevant considerations.
 Tenders and franchise agreements: relevant considerations.     26A.  In preparing and issuing an invitation to tender under section 26 and entering into a franchise agreement the matters to which the Authority may have regard to, and make provision for in the invitation to tender and the franchise agreement, include the following--
    (a)  what arrangements the prospective franchisee has or will make with bus and other transport operators in respect of bus and other transport services that connect with the franchisee's services;
    (b)  what facilities the prospective franchisee will provide, and at what times, for carriage of cycles on trains and on any substitute bus service provided by the franchisee when a train service is not operating;
    (c)  whether a reservation facility is made available in respect of cycles;
    (d)  whether any fee is payable for carriage of a cycle and, if so, whether such fee includes carriage on any other train (including a train not operated by the franchisee) as part of the same journey;
    (e)  what facilities are available for the disabled;
    (f)  what arrangements the prospective franchisee has made or proposes as regards the matters set out in section 17(9)."")
 
  
Clause 212
 
  
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 212 stand part of the Bill. 
  
Clause 213
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
308     Page 128, line 4, after ("may") insert ("by means of competitive tendering") 
  
BY THE LORD SWINFEN
 
309     Page 128, line 7, at end insert--
 
    ("(  )  Where the authority secures the provision of carriage of passengers by means of public service vehicles or licensed taxis or private hire vehicles it must ensure such facilities are accessible to disabled people.")
 
  
Schedule 16
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
310     Page 252, line 23, leave out ("directions and") 
311     Page 252, line 28, leave out ("directions and") 
312     Page 253, line 8, leave out ("directions or") 
313     Page 253, line 11, leave out ("directions and") 
314     Page 253, line 13, leave out ("directions and") 
315     Page 253, line 17, leave out ("directions") and insert ("guidance") 
  
Schedule 17
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
316     Page 257, line 48, after ("Regulator") insert--
    ("(  )  where conditions of the licence addressing the matters specified in the reference would all inevitably be conditions relating to consumer protection, it shall ensure, prior to seeking to obtain the consent of the Regulator, that the modification being sought does not relate to a matter falling within the terms of a franchise agreement;")
 
  
Clause 217
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
THE LORD BEAUMONT OF WHITLEY
 
317     Page 130, line 2, at end insert--
 
("provided that before disposing of any land the Authority shall, in consultation with the local transport authority and other interested persons, consider what potential for rail or other transport related use such land might offer, and protect the land accordingly")
 
318     Page 130, line 9, leave out subsection (4) and insert--
 
    ("(4)  Before disposing of any land the Authority shall, in consultation with the local transport authority and other interested parties, consider what potential for rail or other sustainable transport related use such land might offer, and protect the land accordingly.")
 
  
BY THE LORD BERKELEY
 
319     Page 130, line 9, leave out subsection (4) and insert--
 
    ("(4)  Before disposing of any land the Authority shall, in consultation with the local transport authority and other interested parties, consider what potential for rail or other sustainable transport related uses such land might offer, and protect the land accordingly.
 
    (5)  Subsections (2) and (3) do not apply to land and property required in furtherance of the purposes of the Authority as defined in section 204; and any land so required may be disposed of at prices reflecting its transport use, or retained by the Authority.")
 
  
After Clause 217
 
  
BY THE LORD BRADSHAW
 
320     Insert the following new Clause-- 
 ("REVIEW OF BRITISH TRANSPORT POLICE FUNCTIONs 
     .--(1)  The Authority shall review and, within a period of two years from the day on which this Act is passed, publish a report on the discharge of police functions on railways and on the London Underground.
 
    (2)  In carrying out a review under this section the Authority shall consult Transport for London and any other body which appears to the Authority to have an interest in the provision and use of railway services and the London Underground.")
Review of British Transport Police functions.
  
Clause 218
 
  
BY THE LORD BERKELEY
 
321     Page 130, line 27, at end insert (", and
    (g)  with respect to the carriage of cycles on trains.")
 
  
Clause 222
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
322     Page 133, line 1, leave out ("a period") and insert ("such reasonable period as is") 
323     Page 133, line 13, leave out ("a period") and insert ("such reasonable period as is") 
324     Page 133, line 36, leave out ("(apart from the Authority)") and insert ("who has made representations pursuant to subsection (1)") 
325     Page 133, line 36, at end insert (", or
    (d)  the Authority")
 
326     Page 134, line 3, at end insert--
        ("(10)  The Regulator may only use information provided under subsection (7) for the purposes of considering whether to give a direction under section 16A and may not disclose any such information to any other person.
        (11)  The Regulator shall be liable to compensate any person providing information pursuant to subsection (7) for any loss suffered by that person as a result of disclosure of information in contravention of subsection (10).")
 
327     Page 134, line 45, at end insert ("if the Regulator is satisfied the person to whom the direction is given will not otherwise be adequately rewarded as set out in subsection 16E)") 
328     Page 136, line 2, leave out ("specify is paid to") and insert ("determine as representing the loss (if any) suffered or likely to be suffered by") 
329     Page 136, line 4, at end insert ("is paid to that person; and in determining that loss (if any) the Regulator shall take into account any sums received or likely to be received by such person as a result of complying with such direction.") 
     The above-named Lords give notice of their intention to oppose the Question that Clause 222 stand part of the Bill. 
 
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