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

     The amendments have been marshalled in accordance with the instruction of 28th September 2000, as follows-- 
 Clauses 1 to 30
Schedules 1 and 2
Clauses 31 to 33
Schedule 3
Clauses 34 to 36
Schedule 4
Clause 37
Schedule 5
Clauses 38 to 63
Schedule 6
Clause 64
Schedule 7
Clauses 65 to 96
Schedule 8
Clauses 97 to 101
Schedule 9
Clauses 102 to 152
Schedule 10
Clauses 153 to 160
Schedule 11
Clauses 161 to 191
Schedule 12
Clauses 191 to 198
Schedule 13
Clauses 199 to 203
Schedule 14
Clauses 204 to 210
Schedule 15
Clauses 211 to 214
Schedule 16
Clause 215
Schedule 17
Clause 216
Schedule 18
Clause 217
Schedule 19
Clause 218
Schedule 20
Clause 219
Schedule 21
Clauses 220 to 226
Schedule 22
Clauses 227 and 228
Schedule 23
Clauses 229 and 230
Schedule 24
Clauses 231 to 238
Schedule 25
Clauses 239 to 248
Schedule 26
Clauses 249 and 250
Schedule 27
Clause 251
Schedule 28
Clauses 252 to 254
Schedule 29
Clauses 255 to 261
Schedule 30
Clauses 262 to 267
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE LORD MACDONALD OF TRADESTON
 
1     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).")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
2     Page 1, line 17, at end insert--
    ("(  )  to prevent or minimise noise, vibration, pollution (including light pollution), disturbance or environmental damage of any nature;")
 
  
BY THE LORD MACDONALD OF TRADESTON
 
3     Page 1, leave out lines 18 to 20 
4     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") 
5     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") 
6     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
 
7     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).")
 
8     Page 2, leave out lines 22 to 24 
9     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") 
10     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") 
11     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 3
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
12     Page 2, line 41, after ("provides") insert ("en route") 
  
Clause 4
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
13     Leave out Clause 4 
  
Clause 5
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
14     Page 3, line 41, at end insert ("en route") 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
15     Page 4, line 8, leave out from beginning to second ("the") in line 11 and insert ("a not for profit company, formed and registered as a company limited by guarantee under the Companies Act 1985 or") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
16     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.")
 
17     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)") 
18     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
 
19     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
 
20     Page 8, line 15, leave out subsection (5) 
  
Clause 17
 
  
BY THE LORD MACDONALD OF TRADESTON
 
21     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).")
 
22     Page 12, line 18, leave out ("Competition") 
23     Page 12, leave out lines 33 to 35 
24     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") 
25     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") 
26     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 29
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
27     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 38
 
  
BY THE LORD MACDONALD OF TRADESTON
 
28     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 39
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
29     Page 25, line 23, after ("may") insert (", subject to approval of such directions by a resolution of both Houses of Parliament,") 
30     Page 26, line 2, leave out ("(as opposed") and insert ("(or") 
31     Page 26, line 3, leave out (him") and insert ("them") 
32     Page 26, line 5, leave out ("that") and insert ("any") 
33     Page 26, line 5, at end insert ("affected by the proposed direction") 
  
Clause 41
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
34     Page 26, line 38, leave out from ("provisions") to end of line 4 on page 28 and insert ("for the transfer of--
    (a)  any of the CAA's property, rights or liabilities or of all or part of its undertaking; or
    (b)  the property, rights or liabilities of a company (the transferor) which is wholly owned by the CAA or all or part of the transferor's undertaking;
to a not for profit company.")
 
  
After Clause 42
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
35     Insert the following new Clause-- 
     ("  .--(1)  Any property, rights or liabilities shall only be transferred under a transfer scheme to a not for profit company.
 
    (2)  The transfer of property, rights or liabilities under a transfer scheme may be by such means, including sale or lease, and on such terms as the Secretary of State, with the approval of the Treasury, may determine.
 
    (3)  A transfer scheme shall not come into force unless a draft of the scheme has been laid before, and approved by resolution of, each House of Parliament.
 
    (4)  A not for profit company to which any property, rights or liabilities have been transferred under a transfer scheme shall not--
    (a)  issue any shares or share rights; or
    (b)  pay any dividend or profits to its members.
    (5)  For purposes of this Part, "not for profit company" means a company--
    (a)  which has been formed and registered as a company limited by guarantee under the Companies Act 1985 or the Companies (Northern Ireland) Order 1986; and
    (b)  the membership of which, in the opinion of the Secretary of State includes those who are representative of providers, employees and users of aviation, air travel, air navigation and related services.")
Transfer to be to not for profit company.
36     Insert the following new Clause-- 
     ("  .--(1)  A transfer scheme made by the CAA or the Secretary of State shall not come into force unless it has been approved by a resolution of each House of Parliament passed on a motion moved by or on behalf of the Secretary of State.
 
    (2)  No such motion shall be moved by or on behalf of the Secretary of State unless at least seven days before the date on which the motion is to be debated by either House of Parliament he has caused a report to be laid before both Houses which--
    (a)  sets out the progress which has been made in respect of any project for the development of facilities connected with national air traffic services which was commissioned by the transfer or before the date on which this Act received Royal Assent; and
    (b)  confirms that the Treasury have given their consent to the proposed transfer.")
Parliamentary approval of transfer schemes.
  
Clause 43
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
37     Page 29, line 8, at end insert--
 
    ("(  )  No direction to make a transfer scheme shall be given under subsection (1) before the first Session of the next Parliament after that in which this Act is passed.")
 
  
Clause 44
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
38     Page 29, line 10, leave out from ("unless") to end of line 11 and insert ("a draft of the scheme has been laid before, and approved by resolution of, each House of Parliament in accordance with section (Transfer to be to not for profit company)") 
39     Page 29, line 12, after ("that") insert ("and to section (Parliamentary approval of transfer schemes)") 
40     Page 29, line 13, leave out from ("force") to end of line 16 
41     Page 29, line 20, at beginning insert ("The Secretary of State may modify a scheme before it is laid in draft before Parliament and") 
42     Page 29, line 22, leave out ("to approve and modify") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
43     Page 29, line 28, at end insert--
 
    ("(  )  No approval of a transfer scheme shall be made under subsection (2) before the first Session of the next Parliament after that in which this Act is passed.")
 
  
Clause 45
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
44     Page 29, line 37, at beginning insert ("Subject to section (Parliamentary approval of transfer schemes),") 
45     Page 29, line 37, after ("section") insert ("shall not come into force unless a draft of the scheme has been laid before, and approved by resolution of, each House of Parliament in accordance with section (Transfer to be to not for profit company) but, subject to that requirement,") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
46     Page 29, line 41, at end insert--
 
    ("(  )  No transfer scheme shall be made under subsection (2) before the first Session of the next Parliament after that in which this Act is passed.")
 
  
Clause 47
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
47     Page 31, line 10, leave out paragraphs (a) to (c) 
  
Clause 48
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
48     Page 32, line 3, leave out paragraph (a) 
  
Clause 49
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
49     Leave out Clause 49 
  
Clause 50
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
50     Leave out Clause 50 
 
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Prepared 25 October 2000