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

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Clause 143
 
  
BY THE LORD MACDONALD OF TRADESTON
 
126     Page 85, line 43, leave out ("by approved local authorities") 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
 
127     Page 85, line 44, leave out ("bus lane") 
128     Page 85, line 44, after ("contraventions") insert ("of bus lanes and box junctions") 
  
BY THE LORD MACDONALD OF TRADESTON
 
129     Page 86, line 1, at end insert--
 
    ("(  )  Regulations under subsection (1) may provide for the imposition of penalty charges--
    (a)  by approved local authorities, or
    (b)  both by approved local authorities and by Transport for London or London local authorities or both.")
 
130     Page 86, line 16, leave out from ("buses") to end of line 18 and insert ("(or a particular description of bus), or
    (b)  only by buses (or a particular description of bus) and some other class or classes of vehicular traffic.")
 
131     Page 86, line 18, at end insert--
 
    ("(4A)  The roads in relation to which regulations under subsection (1) may authorise the imposition of penalty charges are--
    (a)  in the case of an approved local authority, roads in its area,
    (b)  in the case of Transport for London, roads in Greater London of a description prescribed by such regulations or all roads in Greater London, and
    (c)  in the case of a London local authority, roads in its area of a description prescribed by such regulations or all roads in its area.
    (4B)  Before making any regulations by virtue of subsection (4A)(b) or (c) the Secretary of State shall consult--
    (a)  Transport for London, and
    (b)  the London local authorities affected by the regulations.")
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
 
132     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 MACDONALD OF TRADESTON
 
133     Page 86, line 20, leave out paragraph (a) 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
134     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 LORD MACDONALD OF TRADESTON
 
135     Page 86, line 30, leave out from first ("the") to ("and") in line 32 and insert ("conduct constituting the contravention is the subject of criminal proceedings or where a fixed penalty notice has been given in respect of that conduct") 
136     Page 86, line 33, leave out ("by approved local authorities") 
137     Page 86, line 34, at end insert-- 
     ("(  )  Regulations under subsection (1) shall include provision for the level of penalty charges in the case of approved local authorities to be set by the authorities subject to the approval of the relevant national authority; and sections 74 and 74A of the Road Traffic Act 1991 apply to penalty charges in the case of Transport for London and London local authorities as they apply to additional parking charges.")1991 c. 40.
138     Page 86, line 36, after ("charges,") insert--
    ("(  )  make provision for discounts or surcharges (or both),")
 
139     Page 87, line 5, at end insert--
 
    ("(  )  Regulations under this section made by the Secretary of State or the Lord Chancellor may make provision in respect of Greater London different from that in respect of the rest of England.")
 
140     Page 87, line 8, at end insert-- 
 
    (""bus" includes a tramcar (within the meaning of section 141A of the Road Traffic Regulation Act 1984) and a trolley vehicle (within the meaning of that section),")
1984 c. 27.
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
 
141     Page 87, line 8, at end insert--
    (""1994 Regulations" means the Traffic Signs and General Directions 1994,")
 
  
BY THE LORD MACDONALD OF TRADESTON
 
142     Page 87, line 9, leave out ("the Road Traffic Regulation Act 1984") and insert ("that Act") 
143     Page 87, line 12, at end insert--
    (""London local authority" means a London borough council or the Common Council of the City of London,")
 
144     Page 87, line 23, leave out ("outside Greater London") 
145     Page 87, line 30, after ("1") insert ("or 6") 
  
Clause 144
 
  
BY THE LORD MACDONALD OF TRADESTON
 
146     Page 87, line 32, leave out from ("Any") to ("subsection") in line 43 and insert ("person to whom a current statutory travel concession permit has been issued by a travel concession authority and who travels on an eligible service on a journey--
    (a)  between places in the authority's area, and
    (b)  beginning at a relevant time,
is entitled, on production of the permit, to be provided with a half-price travel concession by the operator of the service.
 
    (2)  A travel concession authority must, on an application made to it by any person who appears to the authority to be an elderly or disabled person residing in its area, issue to the person free of charge a permit, in such form and for such period as the authority considers appropriate, indicating that he is entitled to the concession specified in subsection (1).
 
    (2A)  In this section "statutory travel concession permit" means a permit issued pursuant to subsection (2).
 
    (2B)  The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may issue guidance to travel concession authorities to which they must have regard in determining for the purposes of subsection (2) whether a person is a disabled person.
 
    (2C)  Before issuing guidance under subsection (2B) the Secretary of State or National Assembly for Wales shall consult--
    (a)  the Disabled Persons Transport Advisory Committee,
    (b)  associations representative of travel concession authorities, and
    (c)  such other persons as he or it thinks fit.
    (2D)  A person entitled to be issued with a statutory travel concession permit by a travel concession authority may agree with the authority that he is not to be entitled to the concession specified in")
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS SCOTT OF NEEDHAM MARKET
 
147     Page 87, line 32, after second ("person") insert ("or young person under the age of 19 years and undergoing full-time education and training") 
  
BY THE LORD SWINFEN
 
148     Page 87, line 34, leave out ("that area") and insert ("England and Wales") 
149     Page 87, line 34, leave out from ("area") to end of line 35 
  
BY THE LORD MACDONALD OF TRADESTON
 
150     Page 88, leave out line 8 and insert ("the concession specified in subsection (1)") 
  
Clause 145
 
  
BY THE LORD MACDONALD OF TRADESTON
 
151     Page 88, line 11, leave out from first ("blind") to end of line 15 and insert ("or partially sighted,") 
152     Page 88, line 16, after ("is") insert ("profoundly or severely") 
153     Page 88, line 18, leave out ("seriously impairs") and insert ("has a substantial and long-term adverse effect on") 
154     Page 88, line 20, leave out paragraph (f) and insert--
    ("(f)  does not have arms or has long-term loss of the use of both arms,")
 
155     Page 88, line 28, at end insert ("otherwise than on the ground of persistent misuse of drugs or alcohol") 
  
BY THE LORD SWINFEN
 
156     Page 88, line 28, at end insert--
    ("(  )  is a specified companion of an eligible person who, in the opinion of the authority responsible for the administration of the scheme, requires the assistance of a companion to be able to travel on public transport, or
    (  )  is a person who has used in-patient mental health services and requires continuing support,")
 
157     Page 88, line 45, leave out from beginning to end of line 2 on page 89 
  
BY THE LORD MACDONALD OF TRADESTON
 
158     Page 89, line 9, leave out from ("Wales") to end of line 14 
  
BY THE LORD SWINFEN
 
159     Page 89, line 12, at end insert--
 
    ("(  )  Where a disabled person's impairment prevents him from making use of mainstream public transport services, concessionary fares shall apply to services operated under sections 19 or 22 of the Transport Act 1985 that are fully accessible to people who travel in their wheelchairs.")
 
  
Clause 146
 
  
BY THE LORD SHUTT OF GREETLAND
 
160     Page 89, line 33, at end insert--
 
    ("(  )  During the twelve months beginning with the day on which this Act is passed, and during each subsequent complete period of 12 months in the period beginning with that day and ending with the first day on which, in the case of England, regulations have been made by the Secretary of State and, in the case of Wales, regulations have been made by the National Assembly for Wales, the Secretary of State (as respects England) and the National Assembly for Wales (as respects Wales) shall each prepare a report on their proposals for making regulations under this section and, in the case of the Secretary of State, lay a copy of the report before each House of Parliament.")
 
  
Clause 148
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
161     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
 
162     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") 
  
BY THE LORD MACDONALD OF TRADESTON
 
163     Page 91, line 36, after ("(5),") insert ("for "are persons, or any description of persons," substitute "by an authority are persons appearing to the authority to be persons" and") 
164     Page 91, line 36, leave out from ("for") to end of line 39 and insert ("paragraphs (b) and (c) substitute--
      (b)  who are blind;
      (c)  who are partially sighted;")
 
165     Page 91, line 40, after ("are") insert ("profoundly or severely") 
166     Page 91, line 43, leave out ("seriously impairs") and insert ("has a substantial and long-term adverse effect on") 
167     Page 91, line 44, leave out from ("who") to end of line 45 and insert ("do not have arms or have long-term loss of the use of both arms;") 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
168     Page 92, line 6, after ("refused") insert ("permanently on the grounds of permanent disability") 
  
BY THE LORD MACDONALD OF TRADESTON
 
169     Page 92, line 7, at end insert ("otherwise than on the ground of persistent misuse of drugs or alcohol") 
  
BY THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH
 
170     Page 92, line 7, at end insert--
    ("(  )  who are specified companions of eligible persons who, in the opinion of the authority responsible for the administration of the scheme, require the assistance of a companion to be able to travel on public transport, or
    (  )  who are persons who have used in-patient mental health services and require continuing support."")
 
  
BY THE LORD MACDONALD OF TRADESTON
 
171     Page 92, line 7, at end insert--
 
    ("(  )  After that subsection insert--
 
 (5A)  The Secretary of State may 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."")
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
[As an amendment to amendment 171]
 
172*     Line 3, leave out ("may") and insert ("shall") 
  
BY THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH
 
173     Page 92, line 7, at end insert--
 
    ("(  )  After that subsection insert--
        (5A)  Where a disabled person's impairment prevents them making use of mainstream public transport services concessionary fares shall apply to services operated under sections 19 or 22 of the Transport Act 1985 that are fully accessible to people who travel in their wheelchairs."")
 
174     Page 92, line 7, at end insert--
 
    ("(  )  After that subsection insert--
        (5A)  Each local authority shall, in conjunction with organisations of disabled people, make and keep under review criteria as to what constitutes an impairment or injury which seriously impairs a person's ability to walk, having regard to any guidance issued by a joint authority established to run the concessionary fare scheme.
        (5B)  All criteria and guidance under subsection (5A) above shall be made available to the public."")
 
175     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.")
 
176     Page 92, line 25, leave out from ("network") to end of line 31 
 
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