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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 BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 1, line 17, at end insert--
    ("(  )  to prevent or minimise noise, vibration, pollution (including light pollution), disturbance or environmental damage of any nature;")
 
  
Clause 3
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 2, line 41, after ("provides") insert ("en route") 
  
Clause 4
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Leave out Clause 4 
  
Clause 5
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 3, line 41, at end insert ("en route") 
     Page 4, line 12, at end insert--
 
("and the legal and beneficial ownership of a majority of shares carrying voting rights in such company and the control of such company is vested in a person who is a British citizen.
 
    (  )  For the purposes of this section references to "control" shall be interpreted in accordance with section 840 of the Income and Corporation Taxes Act 1988 and the expression "controlled" shall be construed accordingly.")
 
     Page 4, line 15, at end insert ("or if the holder of the licence ceases to fall within the description set out in subsection (4)") 
     Page 4, line 15, at end insert--
 
("or in accordance with the provisions of subsection (5A).
 
    (5A)  A licence shall be terminated if--
    (a)  there is a change in the legal and beneficial ownership of a majority of shares carrying voting rights in the company holding the licence or the control of such company (and for the purposes of this section references to "control" shall be interpreted in accordance with section 840 of the Income and Corporation Taxes Act 1988 and the expression "controlled" shall be construed accordingly), and
    (b)  the Secretary of State considers such change to have an adverse effect on national security.")
 
  
Clause 8
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 6, line 22, after first ("to") insert ("the services provided by other licence holders and to") 
  
Clause 12
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 8, line 15, leave out subsection (5) 
  
Clause 29
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 21, line 21, at end insert--
 
    ("(  )  A transfer under subsection (2) shall only be made to a company in which the Crown holds a special share or shares and which has adopted articles of association which give the Crown as holder of such special share or shares the rights contained in the articles of association of the licence company in respect of such special share.
 
    (  )  If there shall be no company willing to enter into such transfer or transfers as are referred to in subsection (2), the CAA shall (or shall procure that a company wholly-owned by the CAA) shall enter into such transfer or transfers and references to "company" in subsection (2) shall include the CAA for these purposes.")
 
  
Clause 39
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 25, line 23, after ("may") add (", subject to approval of such directions by a resolution of both Houses of Parliament,") 
     Page 26, line 2, leave out ("(as opposed") and insert ("(or") 
     Page 26, line 3, leave out (him") and insert ("them") 
     Page 26, line 5, leave out ("that") and insert ("any") 
     Page 26, line 5, at end insert ("affected by the proposed direction") 
  
Clause 51
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 34, line 1, leave out subsections (4) and (5) 
     Page 34, line 6, at end insert (", and
    (c)  such disposal shall be by means of competitive tender")
 
     Page 34, line 15, at end insert ("including the right to prevent a transfer of other securities in the transferee on grounds of national security,") 
     Page 34, line 15, at end insert ("including the right to prevent any change in the designated company's articles of association") 
     Page 34, line 35, leave out subsection (12) 
  
Clause 53
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 36, line 13, at end insert ("which statement must state the reasons for the default (where they are known and their disclosure will not constitute a breach of any duty of confidentiality on the part of the Secretary of State) and what steps, if any, it is proposed be taken to recover the sums in question") 
  
Clause 56
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 38, line 33, at end insert ("including the right to prevent a transfer of other securities in the transferee on grounds of national security") 
     Page 38, line 33, at end insert-- ("including the right to prevent any change in the designated company's articles of association") 
  
Clause 57
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 39, line 11, leave out subsection (4) 
  
Clause 66
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 44, line 6, leave out subsection (2) 
  
Clause 75
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 49, line 16, leave out subsection (7) 
  
Clause 83
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 53, line 26, leave out paragraph (a) 
  
Clause 93
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 58, line 5, at end insert--
    ("(  )  give such directions of a general character to any licence holder and the CAA as to the performance of their functions as he thinks appropriate to give in the interests of national security;")
 
  
After Schedule 28
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Insert the following new Schedule-- 
 ("SCHEDULE 
 DRIVER TRAINING AND DRIVING INSTRUCTORS: MINOR AND CONSEQUENTIAL AMENDMENTs 
 Introductory 
     1. The Road Traffic Act 1988 has effect subject to the following amendments.1988 c. 52.
 Consequential amendments about driver training 
     2. In section 89(6) (vehicles which may be driven by virtue of licence authorised by passing of test), for "For" substitute "Subject to regulations under section 99ZA of this Act, for".
 
    3. In section 97(1) (grant of licences), for "the following provisions of this section and section 92 of this Act" substitute "subsection (2) below, section 92 of this Act and regulations under section 99ZA of this Act".
 
    4. In section 98(2) (effect of full licence), after "below" insert "and to regulations under section 99ZA of this Act".
 
    5.--(1) Section 164 (power of constables to require production of evidence) is amended as follows.
 
    (2)  For subsection (4A) substitute--
        (4A)  If regulations make provision for the evidencing of the successful completion of driver training courses or of a person's being within the exemption specified in subsection (2), or any exemption provided by virtue of subsection (3), of section 99ZA of this Act, a person driving on a road a motor vehicle which he--
      (a)  is not authorised so to drive without having successfully completed such a course, or
      (b)  would not be authorised so to drive apart from the exemption,
    may be required by a constable to produce prescribed evidence of the successful completion by him of such a course or of his being within the exemption."
    (3)  In subsection (6), for "his certificate of completion of a training course for motor cyclists" substitute "prescribed evidence of the successful completion by him of a driver training course or of his being within an exemption".
 
    (4)  In subsection (8A), for "a certificate of completion of a training course for motor cyclists" substitute "prescribed evidence of the successful completion of a driver training course or of being within an exemption".
 
    (5)  In subsection (11), for the words from ""counterpart,"" to "completion"" substitute ""counterpart" and "provisional licence"".
 
    6. In section 194 (index of expressions) insert at the appropriate place--
 
 "Driver training course    Section 99ZA". 
 Tests of continued ability and fitness to give driving instruction 
     7. In section 125(5) (continuing registration conditional on undergoing tests of continued ability and fitness to give instruction), for the words from "undergo" to the end substitute "submit himself for such test of continued ability and fitness to give instruction in the driving of motor cars (which may consist of practical and other means of assessment) as may be prescribed by regulations."
 
    8. In section 125B(6)(b) (similar provision in relation to disabled instructors), after "cars" insert "(which may consist of practical and other means of assessment)".
 
    9.--(1) Section 132 (regulations about examinations and tests) is amended as follows.
 
    (2)  In subsection (1), for "such instruction" substitute "instruction in the driving of motor cars (or appropriate motor cars)".
 
    (3)  In subsection (2)--
    (a)  in paragraph (a) (obligation to provide vehicle)--
          (i)  for "to any" substitute "for any",
          (ii)  for "such a test of continued ability and fitness" substitute "any part of such a test of continued ability and fitness which consists of practical assessment", and
          (iii)  for "the test" substitute "the practical test or assessment",
    (b)  in paragraph (b) (fees)--
          (i)  after "examination" insert ",  or required to submit himself for such a test,", and
          (ii)  after "that part" insert "or such tests,", and
    (c)  in paragraph (c) (particulars), after "examination" insert ",  or is required to submit himself for such a test".
 
 Disabled instructors: emergency control assessments 
     10. In section 133A (assessments of disabled person's ability to control a motor car in an emergency), after subsection (4) insert--
        (4A)  Regulations may require a person who applies to undergo an emergency control assessment (or a part of such an assessment), or is required to submit himself for such an assessment, to pay a fee to the Secretary of State."
 
 Review by magistrates' court of examinations of instructors 
     11.--(1) Section 133 (review of examinations) is amended as follows.
 
    (2)  In subsection (1) (application to magistrates' court)--
    (a)  for "submitted himself for any part of an examination of ability to give instruction in the driving of motor cars" substitute "undergone a relevant examination, or a part of such an examination", and
    (b)  for "that part of the examination was properly conducted in accordance with regulations" substitute "the examination or part was properly conducted".
    (3)  In subsection (2) (order for repayment of fees etc.)--
    (a)  for "that part of the examination was not so" substitute "the examination or part was not properly", and
    (b)  for "that part" substitute "the examination or part".
    (4)  After subsection (3) insert--
        (4)  In this section "a relevant examination" means--
      (a)  an examination of ability to give instruction in the driving of motor cars,
      (b)  a test of continued ability and fitness to give instruction in the driving of motor cars (or appropriate motor cars), or
      (c)  an emergency control assessment."
 
 Respondent in appeals about instructors 
     12. In section 131 (appeals against decisions of registrar), insert at the end--
        (4G)  On an appeal under this section the respondent is the Registrar."")
 
 
 
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Prepared 13 October 2000