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

back to previous amendments
 
  
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 
  
After Clause 150
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS SCOTT OF NEEDHAM MARKET
 
177     Insert the following new Clause--
 
    ("  .  Pursuant to the operation of the concessionary travel provisions set out in this Act, the Secretary of State shall, at the end of the first full year of operation and thereafter at reasonable intervals, undertake a review of the costs incurred.")
Review of costs of concessionary travel provisions.
  
Clause 152
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
178     Page 93, line 38, after ("schemes") insert (", quality contracts schemes") 
  
Schedule 10
 
  
BY THE LORD SHUTT OF GREETLAND
 
179     Page 212, line 42, at end insert ("including any arrangements entered into in connection with such a scheme relating to frequency or timing of services") 
  
Clause 153
 
  
BY THE LORD SWINFEN
 
180     Page 93, line 42, after ("operating") insert ("and improving accessibility to") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
181     Page 94, line 16, at end insert ("six months after the first quality partnership scheme comes into operation in the local authorities' area") 
  
Clause 154
 
  
BY THE LORD SHUTT OF GREETLAND
 
182     Page 94, line 36, at end insert--
 
    ("(4A)  Where--
    (a)  an operator of a local service has, without reasonable excuse, failed to comply with section 129(3), and
    (b)  a traffic commissioner has, on a previous occasion, imposed a penalty on that operator for failure to comply with that section,
the traffic commissioner may, in addition to imposing a penalty under subsection (1)(c), make an order prohibiting that operator from registering a local service under section 6 of the Transport Act 1985 for such period as the traffic commissioner may determine.")
 
  
BY THE LORD SHUTT OF GREENLAND
 
183     Page 94, line 37, after ("penalty") insert ("or an order under subsection (4A)") 
184     Page 94, line 43, at end insert ("or the making of an order under subsection (4A)") 
  
Clause 155
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
185     Page 95, line 5, after ("establishment") insert ("by means of competitive tendering") 
186     Page 95, line 8, after ("securing") insert ("by means of competitive tendering") 
  
Schedule 11
 
  
BY THE LORD MACDONALD OF TRADESTON
 
187     Page 219, line 25, leave out from ("for") to end of line 28 and insert ("paragraphs (d) and (e) substitute--
      (d)  persons who are blind;
      (e)  persons who are partially sighted;")
 
188     Page 219, line 32, leave out ("seriously impairs") and insert ("has a substantial and long-term adverse effect on") 
189     Page 219, line 33, leave out from ("who") to end of line 34 and insert ("do not have arms or have long-term loss of the use of both arms;") 
190     Page 219, line 41, at end insert ("otherwise than on the ground of persistent misuse of drugs or alcohol;
    (eg)  any person travelling as the companion of a person who--
          (i)  is eligible to receive travel concessions by virtue of any other paragraph of this subsection; and
          (ii)  requires the assistance of a companion in order to travel on journeys on public passenger transport services;".")
 
  
Clause 163
 
  
BY THE LORD SHUTT OF GREETLAND
 
191     Page 99, line 26, at end insert--
 
    ("(3)  Before making a local charging scheme a charging authority which is a metropolitan district council must consult the Passenger Transport Authority for the passenger transport area in which the district is included.")
 
  
Clause 164
 
  
BY THE LORD SHUTT OF GREETLAND
 
192     Page 99, line 31, at end insert--
 
    ("(3)  Before making a joint local charging scheme the charging authorities, if any of them is a metropolitan district council, must consult the Passenger Transport Authority for the passenger transport area in which the district is included.")
 
  
Clause 169
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
193     Page 101, line 23, leave out ("may at any time") and insert ("shall") 
194     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") 
195     Page 101, line 24, after ("other") insert ("interested") 
  
BY THE LORD LEA OF CRONDALL
THE LORD BRETT
THE BARONESS GIBSON OF MARKET RASEN
 
196     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
 
197     Page 101, line 27, leave out ("may") and insert ("shall") 
198     Page 101, line 29, leave out ("may") and insert ("shall") 
199     Page 101, line 29, after ("persons") insert ("(who shall be suitably qualified and independent of the charging authority or charging authorities)") 
200     Page 101, line 44, leave out ("may, at any time") and insert ("shall") 
201     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") 
  
Clause 170
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
202     Page 102, line 24, after ("vehicles") insert ("(other than powered two wheelers which are excluded)") 
203     Page 102, line 29, at end (",  and
    (f)  include a provision for any vehicle able to pass through any designated charging area without any charges being incurred once every calendar month")
 
204     Page 102, line 29, at end insert--
 
    ("(  )  The charging authority or authorities must keep every charging scheme made by it, or them, under review and must revoke a charging scheme if it no longer meets the criteria set out in subsection (2) of section 163.")
 
205     Page 102, line 34, leave out subsection (3) 
206     Page 103, line 3, leave out subsection (6) 
  
Clause 171
 
  
BY THE VISCOUNT SIMON
 
207     Page 103, line 14, at end insert ("including exemptions in respect of people who are registered as disabled and people who have a chronic illness which prohibits them from using public transport") 
  
Clause 172
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
208     Page 103, line 37, leave out paragraphs (a) and (b) and insert ("by the driver of the vehicle at the time of the offence") 
209     Page 104, line 10, after ("if") insert ("with intent to avoid payment of a charge imposed by a charging scheme under this Part") 
 
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