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

back to previous amendments
 
  
Clause 193
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
235     Page 115, line 13, after ("(1)") insert ("or (2)") 
236     Page 115, line 26, at end insert--
 
    ("(  )  If any information is disclosed or used in contravention of subsection (4), the charging authority or licensing authority in question shall be liable to compensate the person who provided such information for any loss suffered as a result of such disclosure.")
 
  
Clause 201
 
  
BY THE LORD SWINFEN
 
237     Page 119, line 14, at end insert (", and
    (c)  at least one person representative of disabled people")
 
  
Clause 205
 
  
BY THE LORD SWINFEN
 
238     Page 120, line 17, at end insert (", including representatives of disabled people") 
  
Clause 206
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
239     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") 
  
BY THE LORD BERKELEY
THE BARONESS THOMAS OF WALLISWOOD
 
240     Page 121, line 17, at end insert--
 
    ("(  )  In considering any proposals relating to or that may affect the carriage of goods by rail, the Authority shall consult all such persons--
    (a)  providing services for the carriage of goods by rail, and
    (b)  having any other interest in the carriage of goods by rail,
as appear to it to be appropriate.")
 
241     Page 121, line 17, at end insert--
 
    ("(  )  In exercising its functions in accordance with subsections (1) and (2) the Authority shall produce regular reports on the performance of all railway passenger services.")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
242     Page 121, line 19, leave out ("and any investment in bodies corporate by it") 
  
BY THE LORD SHUTT OF GREETLAND
 
243     Page 121, line 30, at end insert--
 
    ("(  )  In exercising its functions in accordance with subsections (1) and (2) the Authority shall have regard to the local transport plans prepared by local transport authorities in accordance with section 107.")
 
244     Page 121, line 30, at end insert--
 
    ("(  )  In exercising its functions in accordance with subsections (1) and (2) the Authority shall have regard to the regional transport strategies.")
 
  
Clause 208
 
  
BY THE LORD SHUTT OF GREETLAND
 
245     Page 122, line 8, at end insert--
 
    ("(  )  Where the Secretary of State proposes to give the Authority directions or guidance under section 206(5), the Secretary of State shall lay a copy before each House of Parliament.")
 
    (  )  Where Scottish Ministers propose to give the Authority directions, guidance or advice under section 207(1), they shall lay a copy before the Scottish Parliament.")
 
  
After Clause 209
 
  
BY THE LORD FREEMAN
 
246     Insert the following new Clause-- 
     ("  .  The Strategic Rail Authority shall publish annually a statement of its rail freight policy and details of financial assistance planned for each forthcoming financial year.")Rail freight policy: annual statement.
  
Clause 210
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
247     Page 122, line 35, leave out paragraph (c) 
  
BY THE LORD BERKELEY
THE EARL OF MAR AND KELLIE
 
248     Page 123, line 12, at end insert (", except that, for services or facilities required for flows between England and Scotland, the relevant authority estimated to have the greatest financial involvement shall take the lead") 
  
BY THE LORD SWINFEN
 
249     Page 123, line 16, at end insert--
 
    ("(  )  Compliance with the Rail Regulators Code of Practice "Meeting the Needs of Disabled People" shall be a mandatory condition of all agreements or other arrangements entered into under this section.")
 
  
Clause 211
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
250     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)."")
 
251     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)".")
 
252     Page 123, line 37, leave out from ("franchise)") to end of line 19 on page 124 and insert ("in subsection (1) leave out the words "unless the Secretary of State otherwise directs,"") 
253     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."")
 
254     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.")
 
255     Page 126, line 39, leave out ("shall") and insert ("may") 
256     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")
 
257     Page 126, line 47, after ("end") insert ("and the Authority proposes to tender or retender the services in question") 
258     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
 
259     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.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)."")
Matters to be provided for in invitations to tender.
  
Clause 213
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
260     Page 128, line 4, after ("may") insert ("by means of competitive tendering") 
  
Clause 217
 
  
BY THE LORD BERKELEY
THE BARONESS THOMAS OF WALLISWOOD
 
261     Page 130, line 9, leave out subsection (4) and insert--
        ("(4)  Any land required for the discharge of any of the functions of the Authority may be retained or disposed of at prices reflecting its transport use.")
 
  
Clause 222
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
262     Page 133, line 36, leave out ("(apart from the Authority)") and insert ("who has made representations pursuant to subsection (1)") 
263     Page 133, line 36, at end insert (", or
      (d)  the Authority,")
 
264     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 above") 
265     Leave out Clause 222 
  
After Clause 222
 
  
BY THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH
THE LORD ADDINGTON
 
266     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--
 
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.".")
Securing provision at stations for accessible taxis.
1993 c. 43.
  
Clause 224
 
  
BY THE LORD MACDONALD OF TRADESTON
 
267     Page 137, line 43, at end insert--
 
    ("(2A)  The amount of a penalty imposed on a relevant operator may not exceed 10 per cent. of his turnover determined in accordance with an order made by the Secretary of State; and an order under this subsection shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament.")
 
268     Page 138, line 4, at end insert--
 
    ("(  )  The Authority shall not impose a penalty on a licence holder or person under closure restrictions unless--
    (a)  it has given notice to the Regulator specifying a period within which he may give notice to it if he considers that the most appropriate way of proceeding is under the Competition Act 1998;
    (b)  that period has expired; and
    (c)  the Regulator has not given notice to the Authority within that period that he so considers (or, if he has, he has withdrawn it).
    (  )  The Regulator shall not impose a penalty if he is satisfied that the most appropriate way of proceeding is under the Competition Act 1998.")
1998 c. 41.
1998 c. 41.
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
269     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")
 
  
BY THE LORD MACDONALD OF TRADESTON
 
270     Page 141, line 41, leave out from ("On") to ("a") in line 45 and insert ("an application under this section on the ground mentioned in subsection (1)(a) or (b) above the court, if satisfied that the ground is established, may quash the penalty or (instead of quashing it) make provision under either or both of paragraphs (a) and (b) of subsection (4A) below.
 
    (4A)  The provision referred to in subsection (4) above is--
    (a)  provision substituting")
 
271     Page 141, line 47, leave out ("or
    (c)  may specify") and insert ("and
    (b)  provision substituting")
 
272     Page 142, line 5, leave out from beginning to ("may") in line 6 and insert--
 
    ("(  )  On an application under this section on the ground mentioned in subsection (1)(c) above the court, if satisfied that the ground is established,")
 
273     Page 142, line 11, leave out ("a") and insert ("the") 
274     Page 142, line 22, after first ("the") insert ("relevant") 
275     Page 142, line 25, leave out ("and at such time and place,") and insert ("at such place and by such date") 
276     Page 142, line 26, at end insert--
        ("(7B)  The amount of the sum may not exceed 10 per cent. of the turnover of the relevant operator determined in accordance with an order made by the Secretary of State; and an order under this subsection shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament.
        (7C)  If the whole or any part of the sum is not paid by the date by which it is to be paid, the unpaid balance from time to time shall carry interest at the rate for the time being specified in section 17 of the Judgments Act 1838."")
1838 c. 110.
 
back to previous page continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 25 October 2000