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

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After Clause 222
 
  
BY THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH
THE LORD ADDINGTON
THE LORD ASHLEY OF STOKE
 
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.
  
Clause 227
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
277     Page 144, line 4, at end insert--
 
    ("(  )  It shall be the duty of the Rail Passengers Council to act as the first point of contact concerning safety matters with the travelling public and as another channel for rail staff to use when wishing to raise safety issues anonymously.
 
    (  )  The Rail Passengers Council are to log all questions raised, present the problem to the safety body and monitor its progress.
 
    (  )  When the safety body have finalised the matter or reached a conclusion on how they will proceed to deal with the problem, the Rail Passengers Council will prepare and send a report to the person who raised the question and to the Secretary of State.
 
    (  )  On the first day of each month the Rail Passengers Council will publish a log of questions raised and conclusions from the safety body.
 
    (  )  To ensure that the public can easily get in contact with the Rail Passengers Council when they have a safety concern, the Rail Passengers Council will prepare a poster which must be prominently displayed on all platforms, ticket offices and rail facilities that passengers may use, and the poster should describe the function of the Rail Passengers Council with regard to safety and give precise instructions on how to contact it.")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
278     Page 144, leave out lines 5 to 19 
279     Page 144, leave out lines 21 to 44 
  
After Clause 232
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
280     Insert the following new Clause--
 
    (".  In section 17 of the Railways Act 1993 (directions requiring facility owners to enter into contracts for use of their railway facilities) after subsection (8) there shall be inserted--

    (8A)  The ancillary services referred to in subsection (8)(a) may, where the railway facility is a station, and where practicable, include one or more of the following--
 
 
      (a)  provision of information as to train services (including but not limited to those run by the beneficiary),
      (b)  connecting and other bus services and other transport facilities,
      (c)  display of information as to delays and cancellations in respect of any such services, and
      (d)  provision of such other information as will facilitate use of--
            (i) appropriate signage on surrounding roads and other access routes,
            (ii) ticketing facilities (including automated ticketing facilities which incorporate fare and travel information) that provide not only for tickets for travel on the beneficiary's trains but for travel on other trains, connecting and other bus services and other transport facilities and for a combination of one or more of the same,
            (iii) secure facilities for parking cycles and cars, provision of cycle hire facilities and other measures designated to facilitate cycling in conjunction with use of trains,
            (iv) improved access and facilities for the disabled, and
            (v) improved lighting, access to waiting rooms (especially at night) and other measures designed to improve the safety of those using the station.".")
Provisions of ancillary services.
  
After Clause 233
 
  
BY THE LORD MACDONALD OF TRADESTON
 
281     Insert the following new Clause--
        ("  .--(1)  In section 43 of the Railways Act 1993 (notification of proposed closures), after subsection (1) insert--
        (1A)  The Authority shall also--
      (a)  send a copy of the notice to every person who is the operator of a station within the area affected; and
      (b)  require him to publish it at the station."
    (2)  After subsection (12) of that section insert--
        (12A)  The Secretary of State shall also--
      (a)  send a copy of the decision to every person who is the operator of a station within the area affected; and
      (b)  require him to publish it at the station."
    (3)  In Schedule 5 to that Act (alternative closure procedure), renumber paragraph 2 as sub-paragraph (1) of that paragraph and after that sub-paragraph insert--
        (2)  The operator shall also--
      (a)  send a copy of the notice to every person who is the operator of a station within the area affected; and
      (b)  require him to publish it at the station."
    (4)  After paragraph 3 of that Schedule insert--
 
 Publication of consent at stations 
 
        3A.  Where the Secretary of State has given his consent under paragraph 3(2)(b) above, he shall--
      (a)  send a copy of it to every person who is the operator of a station within the area affected; and
      (b)  require him to publish it at the station."
    (5)  In paragraph 5A of that Schedule (services in and around Greater London), insert at the end--
        (10)  The Secretary of State shall also--
      (a)  send a copy of his decision to every person who is the operator of a station within the area affected; and
      (b)  require him to publish it at the station."
    (6)  In sub-paragraph (1) of paragraph 6 of that Schedule (interpretation), for "in which the station or the line, or any part of the line, affected by the proposed closure is situated" substitute "affected".
 
    (7)  After that sub-paragraph insert--
        (1A)  In this Schedule "the area affected" means the area in which the station or line, or any part of the line, affected by the proposed closure is situated."")
Publication of proposed closures at stations.
1993 c. 43.
  
Clause 237
 
  
BY THE LORD BERKELEY
 
282     Page 150, line 43, at beginning insert--
 
    ("(  )  In section 39 of the Railways Act 1993 (closure of operational passenger networks), after subsection (5) insert--
        (5A)  In considering whether a proposed closure should be permitted, the Authority shall take into account its purposes set out in section 204 of the Transport Bill 2000."")
 
  
Clause 239
 
  
BY THE LORD DIXON-SMITH
THE LORD BRABAZON OF TARA
THE EARL ATTLEE
 
283     Page 152, line 10, leave out from ("such") to end of line 11 and insert ("redundancy payment as is normal for a senior civil servant") 
  
Clause 244
 
  
BY THE LORD SHUTT OF GREETLAND
 
284     Page 157, leave out lines 22 to 29 
  
Clause 245
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
285     Leave out Clause 245 
  
Clause 246
 
  
BY THE LORD SWINFEN
THE LORD ADDINGTON
 
286     Page 159, line 24, at end insert--
        ("(9)  For the purposes of this section reasonable comfort includes requiring any substitute road service to carry a passenger accompanied by a guide dog, hearing dog or assistance dog.
        (10)  For the purposes of this section assistance dogs shall be defined by regulation.")
 
  
After Clause 249
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
287     Insert the following new Clause--
        ("  .  The Authority shall have the power to require any facility owner or installation owner to provide to the Authority an independently audited report (which the Authority shall publish in such manner as is calculated to bring it to the attention of those with an interest therein) in relation to--
      (a)  the condition of the assets owned by such facility owner or installation owner (and the Authority shall exercise such power once a year), and
      (b)  any projected costs contained in any statement or other document provided to the Authority by such facility owner or installation owner.")
Provision of independently audited report to the Authority.
288     Insert the following new Clause--
        ("  .  In exercising his powers under the Railways Act 1993 (and in particular sections 9, 17, 18, 19, 21 and 57 and Schedule 4A), the Regulator shall have regard to the need to provide financial incentives to facility owners and installation owners to increase the number of railway services using their facilities and installations, and to provide new facilities and installations for that purpose.")
Provision of financial incentives by the Regulator.
289     Insert the following new Clause--
        ("  .  The Authority shall exercise its powers under section 80 of the Railways Act 1993 to obtain information (which the Authority shall publish in such manner as is calculated to bring it to the attention of those with an interest in such information) at such intervals as it may consider appropriate regarding--
      (a)  spare capacity in respect of railway facilities and network installations, and
      (b)  assets, revenue and profits by reference to such regions as the Authority may consider appropriate.")
Obtaining and publication of relevant information by the Authority.
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
289A*     Insert the following new Clause--
        ("  .  In section 135 of the Railways Act 1993, after subsection (4) there shall be inserted--
        (4A)  Franchise agreements shall provide that--
      (a)  no director of, or employee engaged in the management of, a train operator or operator of a railway asset shall be entitled to benefit from arrangements for the provision of staff concessionary travel.
      (b)  no director of, or employee engaged in the management of, a train operator or operator of a railway asset shall be entitled to be reimbursed by the relevant operator the cost of any ticket for use on any railway if that ticket shall be valid for travel for any period longer than the day on which that ticket was purchased.
        (4B)  The Secretary of State may by order exempt from the provisions of subsection (4A) any class of employee but such exemption shall not apply to any employee who is a director of the train operator in question.")
Concessionary travel restrictions for directors of train operating companies.
  
Schedule 27
 
  
BY THE LORD MACDONALD OF TRADESTON
 
290     Page 313, line 34, leave out paragraph 13 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
THE LORD BRADSHAW
 
291     Page 314, line 26, after ("facilities),") insert ("--
    (a)  subsection (5) is omitted, and
    (b)")
 
  
BY THE LORD MACDONALD OF TRADESTON
 
292     Page 315, leave out line 42 and insert--
 
    ("(  )  In subsection (2), omit paragraph (b).
 
    (  )  After that subsection insert--
        (2A)  If such an application is made in relation to a provision of an order requiring the payment of a sum in the event of a contravention and the sum would be payable before the time when the application is determined, it need not be paid until that time.
        (2B)  Where such an application is so made the court, if satisfied as mentioned in subsection (2) above, may (instead of quashing the order or the provision of the order) make provision under either or both of paragraphs (a) and (b) of subsection (2C) below.
        (2C)  The provision referred to in subsection (2B) above is--
      (a)  provision substituting for the sum, or provision for determining a sum, specified in the order such lesser sum, or such other provision for determining a sum, as the court considers appropriate in all the circumstances of the case; and
      (b)  provision substituting for the date by which the sum is to be paid specified in or determined in accordance with the order such later date as the court considers appropriate in all the circumstances of the case.
        (2D)  Where the court substitutes a lesser sum, or different provision for determining a sum, it may require the payment of interest on the new sum at such rate, and from such date, as it determines; and where it specifies as the date by which the sum is to be paid a date before the determination of the application it may require the payment of interest on the sum from that date at such rate as it determines.")
 
293     Page 319, line 17, leave out ("212") and insert (" 213") 
 
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