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

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After Clause 222
 
  
BY THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH
THE LORD MORRIS OF MANCHESTER
THE LORD ADDINGTON
 
330     Insert the following new Clause-- 
     ("  .  After section 70 of the Railways Act 1993 (code of practice for protection of interest of rail users who are disabled) insert the following section--Securing provision at stations for accessible taxis.
1993 c. 43.
 Facilities for accessible taxis at stations.     70A.--(1)  It shall be the duty of the operator of a station, so far as it is practicable for him to do so, to provide facilities for accessible taxis to ply for hire, pick up and set down passengers at that station.
 
    (2)  The facilities which an operator provides in accordance with subsection (1) shall, in particular, enable disabled passengers to transfer between trains and accessible taxis in safety and reasonable comfort and, in the case of disabled passengers in wheelchairs, to do so while remaining in their wheelchairs.
 
    (3)  Where an operator fails to provide facilities in accordance with subsection (1) the Regulator may give a direction under section 16A requiring the operator to provide such facilities and the Regulator may do so without the need to comply with the requirements of subsection (5) of that section.
 
    (4)  In this section--
    accessible taxi" means a taxi which conforms to or is exempt from taxi accessibility regulations made under section 32 of the Disability Discrimination Act 1995;
    taxi" means a vehicle licensed under--
 
 (a)  section 37 of the Town Police Clauses Act 1847,
(b)  section 6 of the Metropolitan Public Carriage Act 1869, or
(c)  section 10 of the Civic Government (Scotland) Act 1982.".")
 
  
Clause 223
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
331     Page 137, line 22, leave out subsection (6) 
332     Page 137, line 28, leave out subsection (7) 
  
Clause 224
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
333     Page 138, line 22, at end insert ("; and
    (d)  the desirability of providing a financial incentive for the owners of the railway network to run more trains and for a fair division of responsibility for train delays,
but no policies may be adopted that will have the effect of imposing disproportionate penalties or materially altering the parameters within which an existing franchise was granted")
 
334     Page 139, line 46, leave out ("seven") and insert ("twenty-eight") 
335     Page 140, line 16, leave out ("fourteen") and insert ("twenty-eight") 
336     Page 140, line 24, leave out ("21") and insert ("28") 
337     Page 140, line 38, leave out ("two years") and insert ("one year") 
  
Clause 227
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
338     Page 144, leave out lines 5 to 19 
339     Page 144, leave out lines 30 to 44 
  
After Clause 228
 
  
BY THE LORD BERKELEY
 
340     Insert the following new Clause-- 
     ("  .--(1)  A Rail Freight Council shall be established with the duty of providing a forum for consultation with the rail freight industry comprising not less than 12 and not more than 20 representatives, including representatives of customers and users.
 
    (2)  The Council shall have powers to investigate any matter relating to rail freight or infrastructure.
 
    (3)  The Authority shall have a duty to consult the Council on matters relating to rail freight.
 
    (4)  The Council shall be consulted in relation to--
    (a)  proposals for closure of passenger services (whether major or minor);
    (b)  proposals for closure or sale of any infrastructure;
    (c)  network change proposals;
    (d)  performance quality of operators and infrastructure managers;
    (e)  any other matter considered by the Council to be relevant to its duty.
    (5)  The chairman of the Council shall be appointed by the Secretary of State.
 
    (6)  Appointments shall be for a three-year term and no member may serve for more than two terms.
 
    (7)  Council members shall be selected by the chairman and Secretary of State as being representative of customers, users and industry bodies.
 
    (8)  The Authority shall provide a secretariat for meetings and other arrangements, and members of the Council shall be reimbursed travel and subsistence when on Council business; but otherwise they shall not receive any reimbursement.")
Rail Freight Council.
341     Insert the following new Clause-- 
     ("  .--(1)  No track or facility currently owned by Railtrack and not in use for passenger services shall be closed or the infrastructure removed without the approval of the Authority.
 
    (2)  Before any infrastructure closure proposal is authorised, the Rail Freight Council shall be consulted in the same manner as the Rail Passenger Council; and the Authority may, in receipt of submissions concerning the closure, require Railtrack to retain the infrastructure in an operational state for a stated period of time, or close it in such a way that it can be reopened at minimum costs, if the Authority considers that there may be strategic need for such facilities in the future.")
Closure of infrastructure: approval of the Authority.
  
Schedule 23
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
342     Page 282, line 35, leave out paragraph 6 
343     Page 282, line 40, leave out paragraph 7 
  
After Clause 230
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
THE LORD BRADSHAW
THE LORD BERKELEY
 
344     Insert the following new Clause-- 
     ("  .  In the Railways Act 1993, omit section 17(5).")Directions requiring grant of lease.
  
Schedule 24
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
345     Page 283, line 24, after ("agreement") insert ("in respect of such access") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
346     Page 283, line 40, leave out ("may") and insert ("shall") 
347     Page 284, line 14, leave out ("or (b)") and insert (", (b) or (c)") 
348     Page 284, line 39, leave out ("17(6)") and insert ("17(7)") 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
349     Page 284, line 44, leave out ("or (b)") and insert (", (b) or (c)") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
350     Page 285, line 17, at end insert--
 
    ("(  )  The beneficiary shall not be obliged by virtue of paragraph 7 to pay in respect of the period ending on the date specified in the termination notice as that on which the access agreement is to terminate any sum representing an increase in access charges payable by the beneficiary or comply with any changes made by the Regulator in the relevant implementation review notice.")
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
351     Page 285, line 46, leave out ("or (b)") and insert (", (b) or (c)") 
352     Page 285, line 49, leave out ("or (b)") and insert (", (b) or (c)") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
353     Page 288, line 49, at end insert--
    ("(  )  stating why such changes differ (if they do) from those proposed by the Competition Commission under paragraph 11(3)(a),")
 
354     Page 289, line 19, at end insert--
    ("(  )  stating why such changes differ (if they do) from those proposed by the Competition Commission under paragraph 11(3)(a);")
 
355     Page 290, line 34, at end insert--
    ("(  )  stating why such changes differ (if they do) from those proposed by the Competition Commission under paragraph 11(3)(a),")
 
356     Page 292, line 10, at end insert--
 
    ("(  )  The beneficiary shall not be obliged by virtue of paragraph 14 to comply with any changes made by the Competition Commission pursuant to that paragraph.")
 
  
After Clause 232
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
357     Insert the following new Clause-- 
     ("  .  In section 17 of the Railways Act 1993, after subsection (8) there shall be inserted--
        (9)  The ancillary services referred to in subsection (8)(a) of this section may where the railway facility is a station, and where practicable, include one or more of the following--
      (a)  provision of information as to train services (including but not limited to those run by the beneficiary), connecting and other bus services and other transport facilities, display of information as to delays and cancellations in respect of any such services and provision of such other information as will facilitate use;
      (b)  appropriate signage on surrounding roads and other access routes;
      (c)  ticketing facilities (including automated ticketing facilities which incorporate fare and travel information) that provide not only for tickets for travel on the beneficiary's trains but for travel on other trains, connecting and other bus services and other transport facilities and for a combination of one or more of the same;
      (d)  secure facilities for parking cycles and cars, provision of cycle hire facilities and other measures designed to facilitate cycling in conjunction with use of trains;
      (e)  improved access and facilities for the disabled;
      (f)  improved lighting, access to waiting rooms (especially at night) and other measures designed to improve the safety of those using the station."")
Ancillary services.
  
Clause 240
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
358     Page 152, line 31, after ("made;") insert--
    ("(  )  state in what respects the modifications differ from those modifications (if any) specified by the Competition Commission under subsection (1)(d) and why;")
 
359     Page 153, line 47, after ("to") insert ("any representations copied to it under section 15(4B) and") 
360     Page 154, line 4, at end insert--
    ("(  )  stating where and why the modifications proposed differ (if they do) from those proposed by the Competition Commission under section 15(1)(d),")
 
  
Clause 244
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
361     Page 157, leave out lines 8 to 14 
362     Page 157, line 32, leave out ("proposal or franchise agreement"") and insert ("matters in dispute"") 
  
Clause 245
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     The above-named Lords given notice of their intention to oppose the Question that Clause 245 stand part of the Bill. 
  
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")
 
 
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