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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 Amendments to the Transport Bill to be moved on Report in the House of Lords.

  
Clause 1
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 1, line 10, at beginning insert--
 
    ("(A1)  The Secretary of State must exercise his functions under this Chapter so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (1) to (4).")
 
     Page 1, leave out lines 18 to 20 
     Page 1, line 21, leave out from beginning to ("interests") in line 24 and insert ("The only interests to be considered under subsection (1)(a) are") 
     Page 2, line 3, leave out from ("must") to ("as") in line 4 and insert ("apply them in the manner he thinks is reasonable having regard to them") 
     Page 2, line 5, at end insert--
 
    ("(4A)  The Secretary of State must exercise his functions under this Chapter so as to impose on licence holders the minimum restrictions which are consistent with the exercise of those functions.")
 
  
Clause 2
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 2, line 8, at beginning insert--
 
    ("(A1)  The CAA must exercise its functions under this Chapter so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (1) to (4).")
 
     Page 2, leave out lines 22 to 24 
     Page 2, line 25, leave out from beginning to ("interests") in line 28 and insert ("The only interests to be considered under subsection (1)(a) are") 
     Page 2, line 35, leave out from beginning to ("as") in line 36 and insert ("apply them in the manner it thinks is reasonable having regard to them") 
     Page 2, line 36, at end insert--
 
    ("(4A)  The CAA must exercise its functions under this Chapter so as to impose on licence holders the minimum restrictions which are consistent with the exercise of those functions.")
 
  
Clause 17
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 12, line 18, at beginning insert--
 
    ("(A1)  The Competition Commission must exercise its functions under section 16(2) and (3) so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (1) to (4).")
 
     Page 12, line 18, leave out ("Competition") 
     Page 12, leave out lines 33 to 35 
     Page 12, line 36, leave out from beginning to ("interests") in line 39 and insert ("The only interests to be considered under subsection (1)(a) are") 
     Page 12, line 46, leave out from ("must") to ("as") in line 1 on page 13 and insert ("apply them in the manner it thinks is reasonable having regard to them") 
     Page 13, line 2, at end insert--
 
    ("(5)  The Commission must exercise its functions under section 16(2) and (3) so as to impose on licence holders the minimum restrictions which are consistent with the exercise of those functions.")
 
  
Clause 38
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 24, line 32, at end insert--
 
    ("(3A)  In exercising his powers under subsections (1) to (3) the Secretary of State must have regard to the need to maintain a high standard of safety in the provision of air traffic services.")
 
  
Clause 70
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 45, line 29, at beginning insert--
 
    ("(A1)  The CAA must exercise its air navigation functions so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (1) and (2).")
 
     Page 46, leave out lines 4 to 6 
     Page 46, line 8, leave out from ("must") to ("as") in line 10 and insert ("apply them in the manner it thinks is reasonable having regard to them") 
     Page 46, line 10, at end insert--
 
    ("(2A)  The CAA must exercise its air navigation functions so as to impose on providers of air traffic services the minimum restrictions which are consistent with the exercise of those functions.")
 
  
Clause 87
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 55, line 23, at end insert--
 
    ("(1A)  The CAA must exercise its 1973 Act functions so as to maintain a high standard of safety in the provision of air traffic services; and that duty is to have priority over the application of subsections (2) to (5).")
 
     Page 55, leave out lines 40 to 42 
     Page 55, line 43, leave out from beginning to ("interests") in line 1 on page 56 and insert ("The only interests to be considered under subsection (2)(a) are") 
     Page 56, line 8, leave out from beginning to ("as") in line 9 and insert ("apply them in the manner it thinks is reasonable having regard to them") 
     Page 56, line 9, at end insert--
 
    ("(5A)  The CAA must exercise its 1973 Act functions so as to impose on suppliers of air traffic services the minimum restrictions which are consistent with the exercise of those functions.")
 
  
Clause 144
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 87, line 32, leave out from ("Any") to ("subsection") in line 43 and insert ("person to whom a current statutory travel concession permit has been issued by a travel concession authority and who travels on an eligible service on a journey--
    (a)  between places in the authority's area, and
    (b)  beginning at a relevant time,
is entitled, on production of the permit, to be provided with a half-price travel concession by the operator of the service.
 
    (2)  A travel concession authority must, on an application made to it by any person who appears to the authority to be an elderly or disabled person residing in its area, issue to the person free of charge a permit, in such form and for such period as the authority considers appropriate, indicating that he is entitled to the concession specified in subsection (1).
 
    (2A)  In this section "statutory travel concession permit" means a permit issued pursuant to subsection (2).
 
    (2B)  The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may issue guidance to travel concession authorities to which they must have regard in determining for the purposes of subsection (2) whether a person is a disabled person.
 
    (2C)  Before issuing guidance under subsection (2B) the Secretary of State or National Assembly for Wales shall consult--
    (a)  the Disabled Persons Transport Advisory Committee,
    (b)  associations representative of travel concession authorities, and
    (c)  such other persons as he or it thinks fit.
    (2D)  A person entitled to be issued with a statutory travel concession permit by a travel concession authority may agree with the authority that he is not to be entitled to the concession specified in")
 
     Page 88, leave out line 8 and insert ("the concession specified in subsection (1)") 
  
Clause 145
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 88, line 11, leave out from first ("blind") to end of line 15 and insert ("or partially sighted,") 
     Page 88, line 16, after ("is") insert ("profoundly or severely") 
     Page 88, line 18, leave out ("seriously impairs") and insert ("has a substantial and long-term adverse effect on") 
     Page 88, line 20, leave out paragraph (f) and insert--
    ("(f)  does not have arms or has long-term loss of the use of both arms,")
 
     Page 88, line 28, at end insert ("otherwise than on the ground of persistent misuse of drugs or alcohol") 
     Page 89, line 9, leave out from ("Wales") to end of line 14 
  
Clause 150
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 91, line 36, leave out from ("for") to end of line 39 and insert ("paragraphs (b) and (c) substitute--
      (b)  who are blind;
      (c)  who are partially sighted;")
 
     Page 91, line 40, after ("are") insert ("profoundly or severely") 
     Page 91, line 43, leave out ("seriously impairs") and insert ("has a substantial and long-term adverse effect on") 
     Page 91, line 44, leave out from ("who") to end of line 45 and insert ("do not have arms or have long-term loss of the use of both arms;") 
     Page 92, line 7, at end insert ("otherwise than on the ground of persistent misuse of drugs or alcohol") 
     Page 92, line 7, at end insert--
 
    ("(  )  After that subsection insert--
        (5A)  The Secretary of State may issue guidance to local authorities to which they must have regard in determining whether a person falls within subsection (5)(b) to (i) above.
        (5B)  Before issuing guidance under subsection (5A) above the Secretary of State shall consult--
      (a)  the Disabled Persons Transport Advisory Committee;
      (b)  associations representative of local authorities; and
      (c)  such other persons as he thinks fit."")
 
  
Schedule 11
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 219, line 25, leave out from ("for") to end of line 28 and insert ("paragraphs (d) and (e) substitute--
      (d)  persons who are blind;
      (e)  persons who are partially sighted;")
 
     Page 219, line 32, leave out ("seriously impairs") and insert ("has a substantial and long-term adverse effect on") 
     Page 219, line 33, leave out from ("who") to end of line 34 and insert ("do not have arms or have long-term loss of the use of both arms;") 
     Page 219, line 41, at end insert ("otherwise than on the ground of persistent misuse of drugs or alcohol;
    (eg)  any person travelling as the companion of a person who--
          (i)  is eligible to receive travel concessions by virtue of any other paragraph of this subsection; and
          (ii)  requires the assistance of a companion in order to travel on journeys on public passenger transport services;".")
 
  
After Clause 256
 
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
     Insert the following new Clause-- 
 ("Type approval certificates 
     .  After section 63(5) of the Road Traffic Act 1988 (type approval certificates: exemptions), insert--
        (6)  The Secretary of State may by order--
      (a)  exempt from all or any of the preceding provisions of this section the use of vehicles for such purposes or in such an area as may be prescribed.
      (b)  except any class of goods vehicles from the provisions of subsection (2) above, and
      (c)  make provision for the issue in respect of a vehicle or vehicle part in such circumstances as may be prescribed of a certificate of temporary exemption exempting that vehicle or vehicle part from the provisions of subsection (1) above for such period as may be specified in the certificate."")
Type approval certificates: exemptions other than by regulations.
     Insert the following new Clause-- 
 ("Special vehicle authorisations 
     .  In section 42(1) of the Road Traffic Act 1988, after paragraph (b), insert--
    (c)  fails to comply with any of the provisions of an order made under section 44 of this Act,".")
Offence of failure to comply with special vehicle authorisation.
  
After Clause 257
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Insert the following new Clause-- 
 ("Appeals relating to London service permits 
     .--(1)  Section 189 of the Greater London Authority Act 1999 (appeals against decisions of Transport for London about London service permits) is amended as follows.
 
    (2)  In subsections (2) and (4) (appeals to be made to Mayor), for "appeal to the Mayor" substitute "make an appeal".
 
    (3)  In subsection (5) (appeal to be made within 28 days of issue of notice of decision), insert at the end "; but, subject to that, the procedure for the making of appeals under this section shall be such as the Secretary of State may by regulations prescribe."
 
    (4)  For subsection (6) (Mayor to refer appeal to panel appointed by him) substitute--
        (6)  An appeal under this section shall be heard by a panel of persons appointed by the Lord Chancellor for the purpose of hearing such an appeal ("an appeal panel")."
    (5)  For subsection (7) (charging by Mayor of fees for appeals) substitute--
        (7)  The Secretary of State may make regulations providing for the charging of reasonable fees in respect of appeals under this section."
    (6)  In subsection (9) (payment by Mayor of fees and expenses of panel members), for "Mayor" substitute "Secretary of State".
 
    (7)  For subsections (11) to (13) (power of panel to report to Mayor who may issue appropriate guidance or directions to Transport for London) substitute--
        (11)  An appeal panel which has heard an appeal against a decision may--
      (a)  uphold the decision,
      (b)  quash the decision, or
      (c)  substitute for the decision such other decision which Transport for London had power to make as appears to the appeal panel to be appropriate.
        (12)  An appeal panel which has heard an appeal may make an order about payment of the costs of the appeal; and such an order may require that Transport for London pay to the person who made the appeal a sum equal to the whole or part of any fee paid in accordance with regulations under subsection (7) above."
    (8)  In section 420(7) of that Act (regulations subject to negative Parliamentary procedure), after the entry relating to any provision contained in Chapters I to IV or VI of Part III, insert--
    section 189;".")
London service permits: appeals.
1999 c.29.
  
After Clause 258
 
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
     Insert the following new Clause-- 
 ("Driving instructors 
     .  In section 125 of the Road Traffic Act 1988, for subsection (3)(a) there is substituted--
    (a)  he has either--
          (i)  passed such examination of ability to give instruction in the driving of motor cars (consisting of a written examination, a practical test of ability and fitness to drive and a practical test of ability and fitness to instruct) as may be so prescribed, or--
          (ii)  within the last 5 years has qualified as a driving instructor at a defence school of transport operated by the Secretary of State, provided that any such qualification has not been revoked,".")
Register of approved driving instructors.
     Insert the following new Clause-- 
     ("  .--(1)  The Road Traffic Regulation Act 1984 is amended as follows.
 
    (2)  In section 3 (what a road traffic regulation order may provide), at end insert--
        (5)  No traffic regulation order shall apply to the use of a two-wheeled motor cycle in a bus lane unless specifically authorised by an order made by the Secretary of State."
    (3)  In section 6(1) (orders similar to traffic regulation orders), leave out "and (5)" and insert ",  (5) and (7)".
 
    (4)  In section 6, at end insert--
        (7)  No traffic regulation order made under this section shall apply to the use of a two-wheeled motor cycle in a bus lane unless specifically authorised by an order made by the Secretary of State.")
    (5)  In section 142 (general interpretation of Act), insert in the appropriate place--
        bus lane" means that part of the road which is restricted to public service vehicles and other vehicles in accordance with a traffic regulation order made under section 1 or 6 of this Act.
        motor cycle" means a mechanically propelled vehicle, not being an invalid carriage, with less than four wheels and the weight of which does not exceed 410 kilograms,"")
Motor cycles in bus lanes.
  
Clause 266
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 166, line 29, after ("256") insert (", (London service permits: appeals)") 
 
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Prepared 9 October 2000