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

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Clause 65
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
     Page 43, line 6, at end insert--
    ("(  )  not for profit company;")
 
     Page 43, line 14, at end insert--
 
    ("(  )  Not for profit company" has the meaning given in section (Transfer to be to not for profit company).")
 
  
Clause 107
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 65, line 18, after ("area") insert ("with a view to enhancing the comfort and choice in the means of transport, and developing policies to reduce the need to travel or to transport freight where possible") 
     Page 65, line 21, after ("of") insert ("all") 
     Page 65, line 23, at end insert ("and
    (c)  those required to minimise noise and damage to the environment;")
 
     Page 65, line 33, at end insert--
 
    ("(  )  Each local transport authority which is also a planning authority shall review its unitary development plan (or structure plan where appropriate) at the earliest permissible stage with a view to ensuring that the objectives of and policies of the two plans are consistent.")
 
  
Clause 109
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 66, line 29, after ("authority") insert ("or where appropriate, Passenger Transport Authority") 
     Page 66, leave out lines 31 to 41 and insert ("develop bus services in their area on behalf of their communities and those wishing to travel in those communities having regard to the economic and social well-being in their area") 
     Page 66, line 47, at end insert--
 
    ("(  )  In developing their bus strategy, the authority must have regard to the need for school transport.")
 
  
Clause 110
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
     Page 67, line 15, leave out paragraph (d) and insert--
    ("(d)  users and potential users of such services or organisations appearing to the authority to be their representatives")
 
  
Clause 111
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 67, line 30, leave out subsection (1) 
     Page 67, line 39, leave out ("under section 107(1)") 
  
Clause 116
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 71, line 23, at end insert--
 
    ("( ) The authority or authorities in question shall compensate any operator of a local service for any losses incurred by it as a result of such postponement.")
 
  
Clause 126
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 76, line 38, at end insert ("with a "break clause" in the event that the requirements of paragraphs (a) and (b) of section 123(1) are no longer met") 
  
Clause 127
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 78, line 13, at end insert--
 
    ("( ) The authority or authorities in question shall compensate any operator of a local service for any losses incurred by it as a result of such postponement.")
 
  
Clause 128
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 78, line 18, leave out paragraph (b) 
     Page 78, line 23, at end insert ("or to local services which are additional to the local services to be provided under the quality contract") 
     Page 78, line 23, at end insert--
 
    ("(  )  Where there has been material and persistent default on the part of the contractor under a quality contract and such default has had a materially adverse effect on the local services to be provided under the quality contract, any person thereby prejudiced may apply to the appropriate national authority for a declaration that such default has occurred and, upon the making of such declaration, subsection (1) shall no longer apply.")
 
  
Clause 129
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 78, line 38, at end insert--
 
    ("(  )  An invitation to tender under this section may not include conditions with respect to the terms and conditions of employment of persons to be employed in providing any service to which the invitation to tender relates.")
 
  
Clause 130
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 79, line 25, leave out from beginning to ("action") in line 26 and insert ("If") 
     Page 79, line 37, leave out from ("129(1)") to end of line 7 on page 80 and insert ("the authority or authorities shall terminate the scheme") 
  
Clause 136
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 83, line 26, leave out from ("scheme") to end of line 27 
  
Clause 137
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 83, line 30, at end insert ("provided that it is practicable for it to do so at a cost that is not disproportionate") 
  
Clause 138
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 84, line 15, after ("concessions,") insert ("fares") 
  
Clause 142
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 85, line 40, at end insert--
 
    ("(   )  If information is disclosed in contravention of subsection (4) the local transport authority which required its provision shall be liable to compensate the operator which provided it for any loss suffered by that operator as a result of its disclosure.")
 
  
Clause 143
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
 
     Page 85, line 44, leave out ("bus lane") 
     Page 85, line 44, after ("Contraventions,") insert ("of bus lanes and box junctions") 
     Page 86, line 18, at end insert--
 
    ("(  )  An area of a road is a box junction if it is marked in accordance with Diagram No. 1043 or 1044 of the 1994 Regulations.
 
    (  )  An area of road at a junction, other than a roundabout, is or forms a box junction if the order provides that vehicles must not enter in a manner which then causes any part of the vehicle to remain stationary within that area due to the presence of stationary vehicles, except that vehicles waiting to complete a right turn may remain stationary within the area for so long as prevented from completing that turn by reason either of oncoming vehicles or of the presence of other stationary vehicles waiting in or near that area to complete a right turn.")
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 86, line 23, leave out paragraph (b) and insert--
    ("(b)  specifying that any penalty charges incurred are to be paid by the driver of the vehicle at the time of the offence,")
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
 
     Page 87, line 8, at end insert--
    (""1994 Regulations" means the Traffic Signs and General Directions 1994,")
 
  
Clause 144
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS SCOTT OF NEEDHAM MARKET
 
     Page 87, line 32, after second ("person") insert ("or young person under the age of 19 years and undergoing full-time education and training") 
  
Clause 148
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 89, line 46, leave out ("for") and insert ("the full cost to the operator of") 
  
Clause 150
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
     Page 91, line 33, at end insert ("who appear to the local authority or any of the local authorities by whom the cost incurred in granting the concessions falls to be reimbursed to be") 
     Page 92, line 6, after ("refused") insert ("permanently on the grounds of permanent disability") 
     Page 92, line 7, at end insert--
 
    ("(  )  After that subsection insert--
        (5A)  The Secretary of State shall 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."")
 
  
Clause 152
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 93, line 38, after ("schemes") insert (", quality contracts schemes") 
  
Clause 153
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 94, line 16, at end insert ("six months after the first quality partnership scheme comes into operation in the local authorities' area") 
  
Clause 155
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 95, line 5, after ("establishment") insert ("by means of competitive tendering") 
     Page 95, line 8, after ("securing") insert ("by means of competitive tendering") 
  
Clause 169
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 101, line 23, leave out ("may at any time") and insert ("shall") 
     Page 101, line 24, leave out ("other persons") and insert ("such organisations representative of those affected or likely to be affected by the charging scheme, its variation or revocation and such other persons as are appropriate") 
     Page 101, line 24, after ("other") insert ("interested") 
  
BY THE LORD LEA OF CRONDALL
THE LORD BRETT
 
     Page 101, line 25, at end insert ("including employers and their workforce representatives") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
     Page 101, line 27, leave out ("may") and insert ("shall") 
     Page 101, line 29, leave out ("may") and insert ("shall") 
     Page 101, line 29, after ("persons") insert ("(who shall be suitably qualified and independent of the charging authority or charging authorities)") 
     Page 101, line 44, leave out ("may, at any time") and insert ("shall") 
     Page 101, line 46, leave out ("other persons") and insert ("such organisations or representatives (or both) of those affected, or likely to be affected, by the charging scheme or its variation and such other persons as are appropriate") 
 
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Prepared 23 October 2000