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

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Clause 51
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
51     Page 34, line 1, leave out subsections (4) and (5) 
52     Page 34, line 6, at end insert (", and
    (c)  such disposal shall be by means of competitive tender")
 
53     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") 
54     Page 34, line 15, at end insert ("including the right to prevent any change in the designated company's articles of association") 
55     Page 34, line 35, leave out subsection (12) 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
56     Leave out Clause 51 
  
Before Clause 52
 
  
BY THE LORD BRETT
THE LORD LEA OF CRONDALL
THE LORD BROOKE OF ALVERTHORPE
THE LORD HOYLE
 
57     Insert the following new Clause-- 
     ("  .--(1)  This section applies if any property, rights or liabilities are transferred under a transfer scheme to a transferee which at the time of the transfer is--
    (a)  a company which is wholly owned by the Crown;
    (b)  a company which is wholly owned by the CAA;
    (c)  a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).
    (2)  The Secretary of State may by order designate such a transferee for the purposes of this section.
 
    (3)  The Secretary of State must ensure that, in relation to members' resolutions of the designated company, the proportion of votes exercised by the Crown shareholder, as a proportion of the total votes available to all shareholders, shall be in direct proportion to the proportion of shares in issue held by the Crown shareholder.
 
    (4)  The Secretary of State must ensure that the Crown shareholder must appoint a number of Directors to the Board of the designated Company, so that the proportion of its appointees on the Board is equal to the proportion of shares in issue held by the Crown shareholder.
 
    (5)  The Secretary of State must ensure that at least 5 per cent. of the designated company's issued ordinary share capital shall be held by an Employee Share Trust on behalf of employees.
 
    (6)  The Secretary of State must ensure that a representative of the Employee Share Trust is appointed to the Board of Directors of the designated company.")
Voting rights of Crown shareholder, employee participation, etc.
  
Clause 52
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
58     Page 34, line 37, leave out subsections (1) to (3) and insert--
 
    ("(1)  The Secretary of State, with the approval of the Treasury, may make loans of such amounts as he thinks fit to a not for profit company to which any property, rights or liabilities are transferred under a transfer scheme.")
 
  
Clause 53
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
59     Page 35, line 27, leave out subsections (1) to (3) and insert--
 
    ("(1)  The Secretary of State or the Treasury may guarantee the discharge of any financial obligation of a not for profit company to which any property, rights or liabilities are transferred under a transfer scheme.")
 
60     Page 35, line 42, leave out subsection (6) 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
61     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 should be taken to recover the sums in question") 
  
Clause 54
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
62     Page 36, line 21, leave out subsections (1) to (3) and insert--
 
    ("(1)  The Secretary of State, with the approval of the Treasury, may make grants towards the expenditure of a not for profit company to which any property, rights or liabilities are transferred under a transfer scheme.")
 
  
Clause 55
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
63     Leave out Clause 55 
  
Clause 56
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
64     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") 
65     Page 38, line 33, at end insert ("including the right to prevent any change in the designated company's articles of association") 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
66     Leave out Clause 56 
  
Clause 57
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
67     Page 39, line 11, leave out subsection (4) 
  
Clause 62
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
68     Page 42, line 23, leave out ("49, 50 or") 
69     Page 42, line 28, leave out ("49 or") 
  
After Clause 64
 
  
BY THE LORD BRETT
THE LORD LEA OF CRONDALL
THE LORD BROOKE OF ALVERTHORPE
THE LORD HOYLE
 
70     Insert the following new Clause-- 
     ("  .--(1)  In this section--
    NATS employer" includes NATS, any designated company which succeeds to the business of NATS and any employer other than a designated company which succeeds to or acquires any part of the business of NATS;
    protected beneficiary" includes--
          (a)  any person who, on the transfer date, is employed by NATS and is an active member of the Scheme;
          (b)  any person who is employed by NATS on the transfer date, but is then too young to join the Scheme, and who subsequently joins;
          (c)  any person who is not an active member of the Scheme on the transfer date but who is subsequently entitled to rejoin as a NATS employee without a break in their continuity of employment;
          (d)  any person who is not an active member of the Scheme on the transfer date, but who is entitled to accrued pension rights under the Scheme at that date; and
          (e)  any person who is prospectively or contingently entitled to benefit under the Scheme on the death of a person covered under (a) to (d) above;
    relevant scheme" means the Scheme or any other scheme of a NATS employer that covers protected beneficiaries, and that provides benefits in respect of the protected beneficiaries which are at least equivalent in value to those applicable to the protected beneficiaries as at the transfer date;
    Scheme" means the Civil Aviation Authority Pension Scheme;
    transfer date" means the date of the transfer of NATS to the public-private partnership.
    (2)  NATS (or, if appropriate, the designated company) shall, subject to the consent of the Pension Schemes Office of the Inland Revenue, participate in the Scheme as a non-associated employer.
 
    (3)  If NATS (or the designated company) does participate in the Scheme as a non-associated employer, a proportion of the total assets of the Scheme shall be segregated for the benefit of the protected beneficiaries and the share of assets so segregated shall be equal in proportion to the proportion that the Scheme liabilities in respect of the protected beneficiaries bears to the Scheme's liabilities as a whole.
 
    (4)  If NATS (or the designated company) is unable to participate in the Scheme, that NATS employer shall instead make available a relevant scheme for the benefit of the protected beneficiaries.
 
    (5)  If the shares or business of NATS (or the designated company), or any part of that business, is transferred to a NATS employer other than NATS or a designated company, that NATS employer shall become a non-associated employer in the Scheme and if that is not possible that NATS employer shall instead make available a relevant scheme for the benefit of the protected beneficiaries.
 
    (6)  For the purposes of subsections (4) and (5), if a NATS employer is to make available a relevant scheme other than the Scheme, a share of the assets of the Scheme (or of the previous relevant scheme if not the Scheme) shall be transferred to the receiving relevant scheme, calculated on the basis described in subsection (3).
 
    (7)  If a protected beneficiary transfers to the employment of another employer that also participates in the Scheme but which is not a NATS employer, that beneficiary shall remain a protected beneficiary for the purposes of the benefits to be provided to and in respect of him under the relevant scheme and if that beneficiary subsequently transfers back to the employment of a NATS employer he shall still remain a protected beneficiary.
 
    (8)  For so long as a NATS employer remains as a participating employer of the Scheme in respect of protected beneficiaries, one trustee of the Scheme shall be a member representative selected from amongst the protected beneficiaries, and one trustee of the Scheme shall be an employer representative of the NATS employer.
 
    (9)  The NATS employer shall contribute to the relevant scheme at no less than the rate recommended by that scheme's actuary as being sufficient to secure the accrued rights from time to time of the protected beneficiaries in full by the purchase of annuities and the NATS employer shall not be entitled unilaterally to suspend or terminate its contributions to the relevant scheme except upon its insolvency.
 
    (10)  On the full winding-up of a relevant scheme, or on a partial winding-up which involves protected beneficiaries, any shortfall in the assets required to buy out the accrued rights at that time of the protected beneficiaries shall be met in full by the relevant NATS employer and shall be treated as a debt on the employer.
 
    (11)  If, on the full or partial winding-up of a relevant scheme as described in subsection (10), the trustees wish, rather than securing benefits by the purchase of annuities, to pay a bulk transfer to another scheme, that other scheme shall be a relevant scheme and the transfer value payable in respect of the protected beneficiaries shall be sufficient to secure a buy out of their accrued rights if the receiving scheme were to be wound up immediately following the transfer.
 
    (12)  The NATS employer shall provide future benefits in the relevant scheme which, in respect of the protected beneficiaries, are at last equivalent in value to those available under the Scheme at the transfer date.
 
    (13)  No amendment may be made to a relevant scheme which would result in a reduction of the accrued or future rights of protected beneficiaries, nor in an increase in the contributions payable by protected beneficiaries who are active members.")
Pension entitlement of present and former employees of NATS.
  
Clause 65
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD SMITH OF CLIFTON
 
71     Page 43, line 6, at end insert--
    ("(  )  not for profit company;")
 
72     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 66
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
73     Page 44, line 6, leave out subsection (2) 
  
Clause 70
 
  
BY THE LORD MACDONALD OF TRADESTON
 
74     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).")
 
  
BY THE VISCOUNT GOSCHEN
 
75*     Page 45, line 33, after ("requirements") insert (",  including fair access to airspace,") 
76*     Page 45, line 34, at end insert ("and of all classes of airspace user") 
  
BY THE LORD MACDONALD OF TRADESTON
 
77     Page 46, leave out lines 4 to 6 
78     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") 
79     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 75
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
80     Page 49, line 16, leave out subsection (7) 
  
Clause 83
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
81     Page 53, line 26, leave out paragraph (a) 
  
Clause 87
 
  
BY THE LORD MACDONALD OF TRADESTON
 
82     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).")
 
83     Page 55, leave out lines 40 to 42 
84     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") 
85     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") 
86     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 93
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
87     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 Clause 94
 
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
88     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall take steps to ensure that within six years of the passing of this Act a person shall, on a commercial basis and in a rural or urban environment, be able to determine reliably--
    (a)  his position in the United Kingdom to within 10 metres, and
    (b)  the time to within ten nanoseconds.
    (2)  Nothing in this section shall require the Secretary of State to provide the services mentioned in subsection (1).")
Determination of position and time within the United Kingdom.
  
Clause 107
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
89     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") 
90     Page 65, line 21, after ("of") insert ("all") 
91     Page 65, line 23, at end insert (", and
    (c)  those required to minimise noise and damage to the environment;")
 
92     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 and policies of the two plans are consistent.")
 
 
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