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Session 1999-2000
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Amendments to the Transport Bill

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

Here you can browse the Supplement (b) to the Marshalled List of Amendments to the Transport Bill to be moved on Report in the House of Lords.

  
Clause 224
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 137, line 43, at end insert--
 
    ("(2A)  The amount of a penalty imposed on a relevant operator may not exceed 10 per cent. of his turnover determined in accordance with an order made by the Secretary of State; and an order under this subsection shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament.")
 
     Page 138, line 4, at end insert--
 
    ("(  )  The Authority shall not impose a penalty on a licence holder or person under closure restrictions unless--
 
 
    (a)  it has given notice to the Regulator specifying a period within which he may give notice to it if he considers that the most appropriate way of proceeding is under the Competition Act 1998;
    (b)  that period has expired; and
    (c)  the Regulator has not given notice to the Authority within that period that he so considers (or, if he has, he has withdrawn it).
1998 c. 41.
     (  )  The Regulator shall not impose a penalty if he is satisfied that the most appropriate way of proceeding is under the Competition Act 1998.")1998 c. 41.
     Page 141, line 41, leave out from ("On") to ("a") in line 45 and insert ("an application under this section on the ground mentioned in subsection (1)(a) or (b) above the court, if satisfied that the ground is established, may quash the penalty or (instead of quashing it) make provision under either or both of paragraphs (a) and (b) of subsection (4A) below.
 
    (4A)  The provision referred to in subsection (4) above is--
    (a)  provision substituting")
 
     Page 141, line 47, leave out ("or
    (c)  may specify") and insert ("and
    (b)  provision substituting")
 
     Page 142, line 5, leave out from beginning to ("may") in line 6 and insert--
 
    ("(  )  On an application under this section on the ground mentioned in subsection (1)(c) above the court, if satisfied that the ground is established,")
 
     Page 142, line 11, leave out ("a") and insert ("the") 
     Page 142, line 22, after first ("the") insert ("relevant") 
     Page 142, line 25, leave out ("and at such time and place,") and insert ("at such place and by such date") 
     Page 142, line 26, at end insert--
        ("(7B)  The amount of the sum may not exceed 10 per cent. of the turnover of the relevant operator determined in accordance with an order made by the Secretary of State; and an order under this subsection shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament.
 
 
        (7C)  If the whole or any part of the sum is not paid by the date by which it is to be paid, the unpaid balance from time to time shall carry interest at the rate for the time being specified in section 17 of the Judgments Act 1838."")
1838 c. 110.
  
After Clause 233
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Insert the following new Clause-- 
     ("  .--(1)  In section 43 of the Railways Act 1993 (notification of proposed closures), after subsection (1) insert--
        (1A)  The Authority shall also--
      (a)  send a copy of the notice to every person who is the operator of a station within the area affected; and
      (b)  require him to publish it at the station."
    (2)  After subsection (12) of that section insert--
        (12A)  The Secretary of State shall also--
      (a)  send a copy of the decision to every person who is the operator of a station within the area affected; and
      (b)  require him to publish it at the station."
    (3)  In Schedule 5 to that Act (alternative closure procedure), renumber paragraph 2 as sub-paragraph (1) of that paragraph and after that sub-paragraph insert--
        (2)  The operator shall also--
      (a)  send a copy of the notice to every person who is the operator of a station within the area affected; and
      (b)  require him to publish it at the station."
    (4)  After paragraph 3 of that Schedule insert--
Publication of proposed closures at stations.
1993 c. 43.
 Publication of consent at stations 
 
        3A.  Where the Secretary of State has given his consent under paragraph 3(2)(b) above, he shall--
      (a)  send a copy of it to every person who is the operator of a station within the area affected; and
      (b)  require him to publish it at the station."
    (5)  In paragraph 5A of that Schedule (services in and around Greater London), insert at the end--
        (10)  The Secretary of State shall also--
      (a)  send a copy of his decision to every person who is the operator of a station within the area affected; and
      (b)  require him to publish it at the station."
    (6)  In sub-paragraph (1) of paragraph 6 of that Schedule (interpretation), for "in which the station or the line, or any part of the line, affected by the proposed closure is situated" substitute "affected".
 
    (7)  After that sub-paragraph insert--
        (1A)  In this Schedule "the area affected" means the area in which the station or line, or any part of the line, affected by the proposed closure is situated."")
 
  
Schedule 27
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 313, line 34, leave out paragraph 13 
     Page 315, leave out line 42 and insert--
 
    ("(  )  In subsection (2), omit paragraph (b).
 
    (  )  After that subsection insert--
        (2A)  If such an application is made in relation to a provision of an order requiring the payment of a sum in the event of a contravention and the sum would be payable before the time when the application is determined, it need not be paid until that time.
        (2B)  Where such an application is so made the court, if satisfied as mentioned in subsection (2) above, may (instead of quashing the order or the provision of the order) make provision under either or both of paragraphs (a) and (b) of subsection (2C) below.
        (2C)  The provision referred to in subsection (2B) above is--
      (a)  provision substituting for the sum, or provision for determining a sum, specified in the order such lesser sum, or such other provision for determining a sum, as the court considers appropriate in all the circumstances of the case; and
      (b)  provision substituting for the date by which the sum is to be paid specified in or determined in accordance with the order such later date as the court considers appropriate in all the circumstances of the case.
        (2D)  Where the court substitutes a lesser sum, or different provision for determining a sum, it may require the payment of interest on the new sum at such rate, and from such date, as it determines; and where it specifies as the date by which the sum is to be paid a date before the determination of the application it may require the payment of interest on the sum from that date at such rate as it determines.")
 
     Page 319, line 17, leave out ("212") and insert (" 213") 
  
Schedule 28
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 321, line 32, at end insert-- 
     ("  .--(1)  The fact that no order has been made under section 57A(2A) of the Railways Act 1993, as inserted by section 224(1), does not affect the validity of any determination of the amount of a penalty under section 57A.1993 c. 43.
     (2)  The fact that no order has been made under section 55(7B) of the Railways Act 1993, as inserted by section 224(2), does not affect the validity of any determination of the amount of any sum payable in accordance with a final or provisional order.")1993 c. 43.
  
After Clause 258
 
  
BY THE LORD ROTHERWICK
THE LORD BISHOP OF HEREFORD
 
     Insert the following new Clause-- 
 ("Stands etc. for bicycles or motor cycles 
     .--(1)  The Road Traffic Regulation Act 1984 is amended as follows.
 
    (2)  In section 63 (power of authorities to provide stands and racks for bicycles), for "and racks for bicycles" substitute "or racks for, or devices for securing, bicycles or motor cycles".
 
    (3)  In section 136(4) (meaning of "motor cycle"), for "section 57" substitute "sections 57 and 63".")
Stands etc. for bicycles or motor cycles.
1984 c. 27.
  
Schedule 30
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 332, leave out lines 17 to 19 
     Page 336, line 11, column 3, after ("Board") insert ("or any subsidiary of theirs"") 
     Page 338, column 3, leave out line 49 and insert-- 
 
        ("In section 43, subsection (11) and, in subsection (12), the words following paragraph (d).")
 
  
Clause 266
 
  
BY THE LORD ROTHERWICK
THE LORD BISHOP OF HEREFORD
 
     Page 166, line 29, leave out ("and 258") and insert (", 258 and (Stands etc. for bicycles or motor cycles)") 
  
 
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