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

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Clause 173
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
210     Page 104, line 41, leave out ("or requiring") 
211     Page 105, line 13, leave out ("or requiring") 
  
Clause 174
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
212     Page 105, line 40, leave out ("intentionally") and insert ("with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme") 
  
Clause 176
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
213     Page 106, line 45, at end insert--
 
    ("(7)  The charging authority should identify through routes that are covered by the designated area and sign an alternative route.")
 
  
Clause 177
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
214     Page 107, line 7, at end insert--
 
    ("(  )  A workplace with four or fewer parking places will be exempted from the levy.")
 
215     Page 107, line 7, at end insert--
 
    ("(  )  A licensing scheme shall be introduced only after the majority of the public transport improvements outlined in the local transport plan have been implemented and successfully in operation for the minimum of six months.")
 
216     Page 107, line 11, leave out paragraph (b) 
  
Clause 178
 
  
BY THE LORD SHUTT OF GREETLAND
 
217     Page 107, line 45, at end insert--
 
    ("(3)  Before making a local licensing scheme a licensing 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 179
 
  
BY THE LORD SHUTT OF GREETLAND
 
218     Page 108, line 5, at end insert--
 
    ("(3)  Before making a joint local licensing scheme the licensing authorities, if any of them is a metropolitan district council shall consult the Passenger Transport Authority for the passenger transport area in which the district is included.")
 
  
Clause 184
 
  
BY THE LORD LEA OF CRONDALL
THE LORD BRETT
THE BARONESS GIBSON OF MARKET RASEN
 
219     Page 110, line 40, at end insert ("including employers and their workforce representatives") 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
220     Page 110, line 42, leave out ("may") and insert ("shall") 
221     Page 111, line 8, leave out ("may") and insert ("shall") 
222     Page 111, line 10, after ("persons") insert ("(who shall be suitably qualified and independent of the licensing authority or licensing authorities)") 
223     Page 111, line 13, leave out ("may, at any time") and insert ("shall") 
224     Page 111, line 15, leave out ("other persons") and insert ("such organisations representative of those affected, or likely to be affected, by the licensing scheme or its variation and such other persons as are appropriate") 
225     Page 111, line 16, leave out ("other persons") and insert ("such organisations representative of those affected, or likely to be affected, by the licensing scheme or its variation and such other persons as are appropriate") 
  
Clause 185
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
226     Page 111, line 40, at end insert--
 
    ("(  )  The licensing authority or authorities must keep every licensing scheme made by it or them under review and must revoke a licensing scheme if it no longer meets the criteria set out in subsection (2) of section 178.")
 
  
Clause 187
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
227     Page 113, line 1, leave out subsection (3) 
  
Schedule 12
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
228     Page 222, line 44, at end insert (", a London traffic authority's and the Greater London Authority's") 
229     Page 222, line 45, leave out ("early") 
230     Page 222, line 45, leave out from ("scheme") to end of line 46 
231     Page 223, line 2, at end insert (", or
    (c)  insofar as there is any surplus after application in accordance with sub-paragraphs (a) and (b) above to reduce the council tax (or precept charged through the council tax) of the relevant authority")
 
232     Page 223, leave out lines 16 to 37 
233     Page 223, line 34, leave out from beginning to end of line 23 on page 224 
234     Page 224, leave out lines 39 to 50 
  
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 
 
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