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(""connecting rail or tram service" has the meaning given by section 124(3B),").

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    Page 89, line 15, at end insert--


(""disabled person" has the meaning given in section 134(1),").


    Page 89, line 27, at end insert--


(""railway" and "tramway" have the meanings given by section 67(1) of the Transport and Works Act 1992,").

On Question, amendments agreed to.

Clause 150, as amended, agreed to.

Clauses 151 to 161 agreed to.

Clause 162 [Examination, entry, search and seizure]:

Lord Whitty moved Amendment No. 87:


    Page 96, line 43, leave out ("unlawfully interfered with") and insert ("interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge").

The noble Lord said: I wish also to speak to Amendments Nos. 88 to 95. This group of amendments contains minor technical and drafting changes to the road user charging and workplace parking levy provisions of the Bill. Amendments Nos. 87 and 91 improve the drafting of Clause 162 and the equivalent provision in Schedule 13. Noble Lords will be aware that Clause 162 provides important powers to ensure that road user charging schemes can be effectively and fairly enforced.

Subsection (1) of Clause 162 deals with the right to examine a vehicle to see, among other things, whether equipment has been "unlawfully interfered with". Subsection (2) deals with the right to enter a vehicle where there are reasonable grounds for suspecting that equipment,


    "has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme".

The word "unlawfully" in the first subsection is intended to have the same meaning as the longer formulation in the second subsection. Therefore, Amendment No. 87 standardises the wording in subsection (1) with the longer and more explicit wording of subsection (2). Amendment No. 91 to Schedule 13 makes the equivalent change to the GLA Act 1999. These amendments make the drafting of these provisions clear and consistent.

The remainder of the amendments in this group correct minor drafting errors and omissions in Schedule 13. They became apparent when we were preparing an informal consolidated version of the charging provisions in these schedules with the provisions in Schedules 23 and 24 of the GLA Act, as amended by Schedule 13 of this Bill.

This will ensure that the provisions in the Bill are consistent with the GLA Act. For the benefit of the Committee, I have already taken the opportunity to place an informed and consolidated version of the schedules in the GLA Act in the Library of the House. However, the majority of these provisions are relatively tiny technical amendments for consistency's sake in the main provisions, and this relates to the consistency on the definition of "unlawful". I beg to move.

On Question, amendment agreed to.

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Clause 162, as amended, agreed to.

Clauses 163 to 179 agreed to.

Schedule 12 agreed to.

Clauses 180 to 187 agreed to.

Schedule 13 [Amendments of Schedules 23 and 24 to Greater London Authority Act]

Lord Whitty moved Amendments Nos. 88 to 95:


    Page 214, line 18, after ("of") insert ("a").


    Page 215, line 40, leave out first (""each"") and insert (""year, each"").


    Page 215, line 42, leave out ("that sub-paragraph") and insert ("sub-paragraph (4)").


    Page 216, line 25, at end insert--


("( ) In sub-paragraph (1)(b)(iii), for "unlawfully" substitute "with intent to avoid payment of, or being identified as having failed to pay, a charge".").


    Page 218, line 15, leave out from first ("and") to ("in") in line 16 and insert ("paragraph 4 above (apart from sub-paragraphs (3)(f) and (6)) applies").


    Page 220, line 2, leave out first (""each"") and insert (""year, each"").


    Page 220, line 4, leave out ("that sub-paragraph") and insert ("sub-paragraph (4)").


    Page 221, line 4, leave out from first ("and") to ("in") in line 5 and insert ("paragraph 7 above applies").

On Question, amendments agreed to.

Schedule 13, as amended agreed to.

Clauses 188 to 192 agreed to.

Schedule 14 agreed to.

Clauses 193 to 199 agreed to.

Schedule 15 agreed to.

Clauses 200 to 203 agreed to.

Schedule 16 [Transfer to SRA of Franchising Director's functions]:

Lord Macdonald of Tradeston moved Amendment No. 96:


    Page 238, line 9, leave out ("Central Committee") and insert ("Rail Passengers' Council").

The noble Lord said: This group of amendments deals with the jurisdiction of the Rail Passengers' Council and committees, and with various minor changes such as repeals and changes of name.

Amendments Nos. 96, 104, 105, 106 and 107 update references to the old rail users' committees to reflect their change of names.

There are some cases where Parliament has provided special jurisdiction for the Rail Passengers' Council and committees based on Section 56 of the Transport Act 1962 rather than Sections 76 and 77 of the Railways Act. Typically such a regime enables the council and committees to make recommendations regarding anything to which consideration might be given. Such special regimes are applied, for example, to Eurostar services under the Channel Tunnel Act 1987 and to Heathrow Express services under the Heathrow Express Act 1991. They are also applied to certain light rail schemes, such as the Manchester Metrolink and the Tyne and Wear Metro, through orders made under the Transport and Works Act 1992.

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It is not our intention to alter any special jurisdiction which was agreed by Parliament or the Secretary of State in the relevant Act or Order authorising these projects. The effect of Amendments Nos. 128, 135 and 149 is to ensure the continuation of the special regimes which currently apply to the Heathrow Express and Eurostar Services, and to the Manchester Metrolink and Tyne and Wear Metro.

The Railways Act jurisdiction of the council and committees will apply to all other "open-access" train operators and not just to franchised operators, as provided for currently in Sections 76 and 77 of the Railways Act.

Amendments Nos. 149 and 151 repeal references to the British Railways Board in the Channel Tunnel Act and the Heathrow Express Act.

Amendment No. 157 extends the repeal of Section 78 of the Railways Act 1993, which disapplied the procedures for committees' investigations under the Transport Act 1962, from services provided by BR or franchisees. Section 78(1) is no longer needed because of the savings provided by Amendment No. 135. Amendments Nos. 163 and 164 repeal references to paragraph 3 of Schedules 2 and 3 to the Railways Act 1993, because those paragraphs--relating to allowances for committee members other than chairmen--are repealed under Schedule 30. Remuneration and allowances for all members are now dealt with in the amended paragraph 2 of Schedules 2 and 3 to the 1993 Act. I beg to move.

On Question, amendment agreed to.

Lord Macdonald of Tradeston moved Amendment No. 97:


    Page 239, line 27, leave out (", apart from subsection (5)(b)").

The noble Lord said: This is a group of minor technical and drafting amendments. Part IV of this Bill affects many other enactments. In particular, we have double-checked all statutory references to the franchising director and the British Railways Board to make sure that the appropriate amendments have been made to reflect their prospective demise and the transfer of their functions to the SRA, where appropriate.

This group of amendments is the result of an extensive technical exercise to ensure that the amending provisions in Part IV of the Bill sit neatly in the amended statutes and make appropriate references to the SRA and successors to the British Railways Board. I beg to move.

On Question, amendment agreed to.

Lord Macdonald of Tradeston moved Amendment No. 98:


    Page 239, leave out line 42 and insert--


("38.--(1) Section 58 (power to require information etc.) is amended as follows.
(2) In subsection (1)--
(a) for "officer" (in both places) substitute "authority", and
(b) for "his" substitute "its".

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(3) In subsection (2) (in each place) and in subsection (6), for "officer"").

On Question, amendment agreed to.

Schedule 16, as amended, agreed to.

Clause 204 agreed to.

Schedule 17 [Transfers to SRA from Rail Regulator]:

Lord McIntosh of Haringey moved Amendment No. 99:


    Page 249, line 43, leave out ("In section 55(10) (orders for securing compliance)") and insert ("(1) Section 55 (orders for securing compliance) is amended as follows.


(2) After subsection (5) insert--
"(5ZA) The Authority shall not make a final order, or make or confirm a provisional order, in relation to 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)."
(3) In subsection (10),").

The noble Lord said: This amendment seeks to prevent a case of what is known as "double jeopardy", which could arise where action by a train operator or a facility owner could lead to enforcement under both the Competition Act 1998 and the Railways Act 1993.

The regulator cannot take enforcement action against a licensed operator under the Railways Act 1993, where he considers it more appropriate to proceed under the Competition Act 1998. We are transferring responsibility for enforcing licence obligations, so far as they relate to consumer protection, to the authority. However, any enforcement under the Competition Act would still have priority and that remains the responsibility of the regulator.

Accordingly, these amendments prevent the authority from making an enforcement order for the breach of an obligation, when the regulator considers that the best way of proceeding is under the Competition Act. The amendments provide for the authority to notify the regulator of any action which it proposes to take and allow the regulator to decide whether there is an overriding Competition Act consideration and to notify the authority. The regulator can withdraw this notice if, having given the matter further consideration, he considers that the Competition Act enforcement action is not appropriate after all. I beg to move.

On Question, amendment agreed to.


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