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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 124
 
  
BY THE LORD SWINFEN
 
     Page 159, line 24, at end insert--
 
    ("(9)  For the purposes of this section reasonable comfort includes requiring any substitute road service to carry a passenger accompanied by a guide dog, hearing dog or assistance dog. For the purposes of this section assistance dogs shall be defined by regulation.")
 
  
Clause 150
 
  
BY THE LORD SWINFEN
 
     Page 92, line 9, at end insert--
 
    ("(  )  In section 241 (4) (definition of "eligible London residents"), for the words "in Greater London" there is inserted "in England and Wales.")
 
  
Clause 206
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 121, line 4, at end 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") 
     Page 121, line 19, leave out ("and any investment in bodies corporate by it") 
  
Clause 210
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 122, line 35, leave out paragraph (c) 
  
Clause 211
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     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).")
 
     Page 123, line 36, at end insert--
 
    ("(2A)  In section 26 of the Railways Act 1993, in subsection (2) (invitations to tender) for the words "any such invitation to tender" substitute "an invitation to tender in respect of any service designated by the Authority as eligible for provision under franchise agreements (and the Authority may issue separate invitations to tender in respect of separate parts of such service)".")
 
     Page 123, line 37, leave out from ("franchise)") to the end of line 19 on page 124 and insert ("in subsection (1) leave out the words "unless the Secretary of State otherwise directs,"") 
     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 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.")
 
     Page 124, line 21, leave out from beginning to end of line 37 on page 126 and insert--
 
    ("26A. If the Authority has issued an invitation to tender for the provision of any services under section 26 above but received no tenders in response to the invitation the Authority shall consult with the railway industry to identify the reasons for the lack of any response and, having regard to the results of such consultation, shall issue new invitations to tender, with such changes as shall not affect the quality of the service to be provided but are calculated to encourage tenders.")
 
     Page 126, line 39, leave out ("shall") and insert ("may") 
     Page 126, line 42, leave out paragraph (a) and insert--
    ("(a)  in respect of any services a response has not been received to a new invitation to tender issued pursuant to section 26A; or")
 
     Page 126, line 47, after ("end") insert ("and the Authority proposes to tender or retender the services in question") 
     Page 127, line 4, leave out ("duty") and insert ("power") 
  
After Clause 211
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Insert the following new Clause-- 
     ("  .  After section 26 of the Railways Act 1993 there shall be inserted--Matters to be provided for in invitations to tender.
 Matters to be provided for in invitations to tender.     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, 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 213
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 128, line 4, after ("may") insert ("by means of competitive tendering") 
  
Clause 222
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 133, line 36, at end insert (", or
    (d)  the Authority.")
 
     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 section 16E") 
     Leave out Clause 222 
  
After Clause 222
 
  
BY THE LORD SWINFEN
 
     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 224
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 138, line 22, at end insert ("; and
    (d) the desirability of providing a financial incentive for relevant operators to run or allow the running of more trains and for a fair division of responsibility for train delays,
but no policies will be adopted that will have the effect of imposing disproportionate penalties or materially altering the parameters within which an existing franchise was granted")
 
  
Clause 227
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Page 144, line 5, leave out subsections (7B) and (7C) 
     Page 144, leave out lines 21 to 44 
  
After Clause 232
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Insert the following new Clause-- 
     (".(  )  In section 17 of the Railways Act 1993 (directions requiring facility owners to enter into contracts for use of their railway facilities) after subsection (8) there shall be inserted--

    (8A)  The ancillary services referred to in subsection (8)(a) may, where the railway facility is a station, and where practicable, include one or more of the following--

Provisions of ancillary services.
 
    (a)  provision of information as to train services (including but not limited to those run by the beneficiary),
    (b)  connecting and other bus services and other transport facilities,
    (c)  display of information as to delays and cancellations in respect of any such services, and
    (d)  provision of such other information as will facilitate use of--
          (i) appropriate signage on surrounding roads and other access routes,
          (ii) 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,
          (iii) secure facilities for parking cycles and cars, provision of cycle hire facilities and other measures designated to facilitate cycling in conjunction with use of trains,
          (iv) improved access and facilities for the disabled, and
          (v) improved lighting, access to waiting rooms (especially at night) and other measures designed to improve the safety of those using the station.".")
 
  
Clause 245
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     Leave out Clause 245 
  
After Clause 249
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
     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.")
 
     Insert the following new Clause-- 
     ("  .  In exercising his powers under the Railways Act 1993 (and in particular 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.")Provision of financial incentives by the Regulator.
     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.")
 
 
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