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Lord Macdonald of Tradeston moved Amendments Nos. 125 to 128:


("British Railways Act 1969 (c.xliii)

. In section 22 of the British Railways Act 1969 (misuse of telephones at level crossings)--
(a) for "Board" substitute "a successor of the Board", and
(b) insert at the end "; and in this section "successor of the Board" has the same meaning as "successor of the British Railways Board" has in the Railways Act 1993 (Consequential Modifications) (No.2) Order 1999."").


    Page 300, line 42, at end insert--

("British Railways Act 1977 (c.xvii)

.--(1) Section 13 of the British Railways Act 1977 (fines and penalties) is amended as follows.
(2) In subsection (1), for "the Board, to any railway of the Board" substitute "a successor of the Board, to any railway of a successor of the Board".
(3) After that subsection insert--
"(1A) In subsection (1) of this section "successor of the Board" has the same meaning as "successor of the British Railways Board" has in the Railways Act 1993 (Consequential Modifications) (No.2) Order 1999."").


    Page 301, line 20, leave out (""by the Strategic Rail Authority (under section 201") and insert (""Strategic Rail Authority (under section 202").


    Page 301, line 26, at end insert--

("Heathrow Express Railway Act 1991 (c.vii)

. In section 41(1) of the Heathrow Express Railway Act 1991 (provisions which do not apply to services and facilities provided on Heathrow Express lines or at Heathrow Express stations), after "1968" insert "and sections 76 and 77 of the Railways Act 1993".").

On Question, amendments agreed to.

Lord Macdonald of Tradeston moved Amendment No. 129:


    Page 301, line 40, at end insert--


(". In section 17 (directions requiring facility owners to enter into contracts for use of their railway facilities), after subsection (7) insert--
"(7A) Any reference in this section to obtaining permission to use a railway facility includes, where the facility is track, permission to connect other track to it."
. In section 18(9) (access contracts requiring approval of Regulator), after paragraph (a) insert--
"(aa) subsection (7A),".").

27 Jun 2000 : Column CWH57

The noble Lord said: This amendment is tabled simply for clarification. We wish to be sure that if, for example, a train operator agreed to build a new station facility as a condition of a replacement franchise, he would be able to connect his new station through its associated track to the wider network without being held to ransom over access charges. This has been achieved by putting beyond doubt the types of access contracts over which the Rail Regulator has powers of direction, or for which parties require the regulator's approval. These include connections to the network. I beg to move.

On Question, amendment agreed to.

Lord McIntosh of Haringey moved Amendments Nos. 130 to 134:


    Page 302, line 41, at end insert--


("( ) In subsection (1), for "(5)" substitute "(5B)".
( ) In subsections (2) and (4), for "subsection (5)" substitute "subsections (5) to (5B)".").


    Page 302, line 42, leave out (""section 5 above" substitute "section") and insert (""or, as the case may be, section 5 above" substitute "above or, as the case may be, section").


    Page 305, line 16, leave out ("10(15)(b)") and insert ("10(15)").


    Page 305, line 20, at end insert--

("Finance Act 1994 (c.9)

.--(1) Schedule 24 to the Finance Act 1994 is amended as follows.
(2) In paragraph 15(11) (trading losses), after paragraph (b) insert--
"(ba) a wholly owned subsidiary of the Strategic Rail Authority;".
(3) In paragraph 19(5) (leased assets: special cases), after paragraph (b) insert--
"(ba) the Strategic Rail Authority,
(bb) a wholly owned subsidiary of the Strategic Rail Authority,".").


    Page 306, line 34, at end insert--

("Railways Act 1993 (Consequential Modifications) (No.2)Order 1999 (S.I.1999/1998)

. In article 3(1) of the Railways Act 1993 (Consequential Modifications) (No.2) Order 1999 (amendment of British Transport Commission Act 1949), for "include" substitute "have effect as".").

On Question, amendments agreed to.

Schedule 27, as amended, agreed to.

Clause 239 agreed to.

Schedule 28 [Transitionals and savings about railways]:

Lord Macdonald of Tradeston moved Amendment No. 135:


    Page 308, line 33, at end insert--

("Section 56 of the Transport Act 1962

. Where provision is made for subsections (4) to (6) of section 56 of the Transport Act 1962 (functions of Rail Passengers' Council and Rail Passengers' Committees) to apply in relation to any services or any facilities connected with any services--
(a) sections 76 and 77 of the Railways Act 1993 shall not apply in relation to them unless the services are being provided under a franchise agreement, but
(b) those subsections shall not apply in relation to them if the services are being so provided.").

27 Jun 2000 : Column CWH58

On Question, amendment agreed to.

Schedule 28, as amended, agreed to.

Clauses 240 to 242 agreed to.

Schedule 29 agreed to.

Clauses 243 and 244 agreed to.

Clause 245 [School crossing patrols]:

Lord Whitty moved Amendment No. 136:


    Page 153, line 42, leave out subsection (2) and insert--


("(2) In section 26 (arrangements for patrolling places where children cross roads during certain periods)--
(a) in subsection (1), omit "during periods between the hours of eight in the morning and half-past five in the afternoon when children are so on their way,", and
(b) after that subsection insert--
"(1A) Arrangements under subsection (1) above may be made for patrolling places at such times as the authority thinks fit."
(3) In section 28 (power to stop vehicles at school crossings)--
(a) in subsection (1)--
(i) omit "between the hours of eight in the morning and half-past five in the afternoon", and
(ii) for "children on their way to or from school, or from one part of a school to another, are" substitute "a person is",
(b) in subsection (2)--
(i) for "children are" substitute "person is", and
(ii) for "their" substitute "his", and
(c) in subsection (5)--
(i) insert "and" at the end of paragraph (a), and
(ii) omit paragraph (c) and the word "and" before it.").

The noble Lord said: In moving this amendment, I wish to speak also to Amendments Nos. 137, 166 and 167. These amendments concern the school crossing patrols who do a tremendous job in relation to child safety. An amendment to the Bill was moved in another place by my honourable friend Michael Foster, the purpose of which was to allow patrols to help children of any age and to help adults across the road. Therefore, to remove those restrictions was consistent with the policy that we had set out in our integrated transport White Paper and the Government accepted that amendment. However, it did not go far enough.

The amendments which we now propose are to remove the restrictions on hours of operation in relation to patrols and to clarify the Commons amendment so that, for example, there can be no doubt that a disabled person in a wheelchair can be aided by a school crossing patrol. They deliver the commitments we made in the integrated transport White Paper. We have also referred to it more recently in the Road Safety Strategy issued a couple of months ago. I beg to move.

On Question, amendment agreed to.

Clause 245, as amended, agreed to.

Clauses 246 and 247 agreed to.

27 Jun 2000 : Column CWH59

Schedule 30 [Repeals and revocations]:

Lord Whitty moved Amendment No. 137:


    Page 317, line 37, at end insert--


    ("S.I. 1986/1385.Transport Act 1985 (Extension of Eligibility for Travel Concessions) Order 1986.In article 1, the definitions of "mental handicap" and "severe mental handicap". Article 3.
    S.I. 1989/2293.Transport Act 1985 (Extension of Eligibility for Travel Concessions) (Amendment) Order 1989.Article 4.
    1999 c. 29.Greater London Authority Act 1999.In section 240(5), the words ", or any description of persons,". In Schedule 16-- in paragraph 2(1), the words "(persons who have attained pensionable age or whose ability to walk is seriously impaired)", and paragraph 7.")

On Question, amendment agreed to.


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