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Amendments to the Road Traffic (Amendment) Bill [HL]

Road Traffic (Amendment) Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Before Clause 1

 

THE LORD BEAUMONT OF WHITLEY

Insert the following new clause—
 

"PROMOTION OF ROAD SAFETY

  Code of Practice for Horse-drawn Vehicles
  After section 38 of the Road Traffic Act 1988 (c. 52) there shall be inserted the following section—
  "38A. Code of Practice for Horse-drawn Vehicles
(1)  Subject to the following provisions of this section, the Secretary of State—
(a)  shall make a Code of Practice for Horse-drawn Vehicles; and
(b)  may from time to time revise such a Code of Practice by revoking, amending or adding to its provisions in such manner as he thinks fit.
(2)  Before making or revising a Code of Practice for Horse-drawn Vehicles, the Secretary of State must consult with such representative organisations as he thinks fit.
(3)  Where the Secretary of State—
(a)  has made a Code of Practice for Horse-drawn Vehicles; or
(b)  has made any alterations in the provisions of such a Code (other than merely consequential on the passing, amendment or repeal of any statutory provision),
  he must lay the alterations before both Houses of Parliament.
(4)  A Code of Practice for Horse-drawn Vehicles, and any alterations to such a Code, laid in accordance with subsection (3) shall be subject to annulment in pursuance of a resolution of either House before a period of forty days has expired beginning with the day on which the Code or alterations were so laid.
(5)  The Secretary of State must cause any Code of Practice for Horse-drawn Vehicles to be printed and copies to be made available to the public either free of charge or at such price as he may determine.
(6)  A failure on the part of a person to observe a provision of a Code of Practice for horse-drawn Vehicles shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under this Act) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings.
(7)  Until a Code of Practice for Horse-drawn Vehicles is made under this section, the Code of Practice for Horse Drawn Vehicles published in 2000 by the Department of the Environment, Transport and the Regions shall have effect as if it had been so made, and may be revised accordingly.
(8)  Paragraphs (a) and (c) of section 38(9) apply for the purposes of subsections (3) and (4) as they apply for the purposes of section 38(3)."".
 

Clause 2

 

THE LORD BEAUMONT OF WHITLEY

Page 4, line 8, leave out "of this Act"
Page 4, line 15, leave out "of this Act"
Page 4, line 46, at end insert—
"(6)  In this section "owner", in relation to a vehicle which is the subject of a hiring agreement, includes each party to the agreement."
 

Schedule 1

 

THE LORD BEAUMONT OF WHITLEY

Page 7, line 6, after "(c. 52)," insert "in columns 1 to 4"
Page 8, line 4, after "Act" insert "in columns 1 to 4"
Page 8, line 14, after "Act" insert "in columns 1 to 4"
 

Schedule 2

 

THE LORD BEAUMONT OF WHITLEY

Page 8, line 34, at end insert—
 "1A      In paragraph 17 of Schedule 1A to the Police and Criminal Evidence Act 1984 (c. 60) (arrestable offences), after the words "section 170" there shall be inserted the words "or section 170A"."

 
 
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18 March 2003