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Amendments to the Railways and Transport Safety Bill

Railways and Transport Safety Bill


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


 

Clause 2

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 2, line 14, at end insert—
"(   )  Regulations under subsection (2) shall not be made until a draft has been laid before both Houses of Parliament and approved by resolution of each House."
 

Clause 3

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 2, line 25, at end insert—
"(   )  The Rail Accident Investigation Branch shall be constituted with regard to regional representation, including the Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly."
 

Clause 4

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 2, line 27, after "Branch" insert ", working in conjunction with the Railway Safety and Standards Board,"
Page 2, line 30, leave out "and railway incidents"
Page 2, line 30, at end insert—
"(2)  The Rail Accident Investigation Branch shall be consulted on the establishment for the purposes of setting standards for the safety of railways."
 

Clause 6

 

THE LORD BERKELEY

Page 3, line 3, at end insert—
(3)  Any Report published under this Section shall be laid before Parliament.
 

Clause 7

 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET
THE LORD BERKELEY

Page 3, line 7, leave out "shall" and insert "may"
 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 3, line 12, at end insert—
"(1A)  The Rail Accident Investigation Branch may investigate any railway situation which it judges to have the potential for fatality or injury."
Page 3, line 13, leave out subsection (2)
 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET
THE LORD BERKELEY

Page 3, line 27, leave out subsection (7)
 

Clause 8

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 3, line 39, after "dwelling-house" insert "within 500 yards of railway property"
Page 4, line 11, at end insert ", pursuant to the issuing of a warrant or pursuant to a decision by a magistrates' court and only where accompanied by a member of the British Transport Police"
 

Clause 9

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 5, line 22, at end insert—
"(   )  Regulations under subsection (1) above shall not be made until a draft has been laid before both Houses of Parliament and approved by resolution of each House."
 

Clause 11

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 6, line 40, at end insert—
  "Accident reports such as those conducted in the event of a road accident, should be completed by the relevant investigators acting under the provision of this Bill, ensuring greater transparency and security across all modes of travel."
 

THE LORD BERKELEY

Page 7, line 15, at end insert—
"(5)  Regulations made under this section, to the extent that they provide for the investigation of railway accidents and railway incidents involving the obstruction of a railway by road vehicles, may provide for the Rail Accident Investigation Branch to give a direction requiring—
(a)  works to be carried out on any road at or in the vicinity of the place where an obstruction occurred for the purpose of preventing further accidents or incidents at that place; and
(b)  the highway authority responsible for that road or, where there is no such authority the owner or occupier of the land of which that road forms a part, to carry out or meet the cost of carrying out those works."
 

Clause 16

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 8, line 10, at end insert—
"(   )  The main functions of the Office of Rail Regulation will be the regulation of the monopoly and dominant effects of Network Rail.
(   )  The Office of Rail Regulation shall—
(a)  set the contractual and financial framework within which Network Rail works to maintain, renew and expand the network;
(b)  ensure that the Network Rail's income, a combination of private finance and public subsidy set by the Office of Rail Regulation, is spent on the right things at the right times; and
(c)  approve agreements governing the terms and conditions by which train operators gain access to the track and infrastructure, and licenses all operators."
 

Clause 19

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 9, line 4, at end insert ", and
(g)  to the Mayor of London's Transport Strategy"
 

Clause 20

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 9, line 11, after third "the" insert "British Transport"
Page 9, line 12, leave out subsection (3)
 

Clause 21

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 9, line 14, after second "the" insert "British Transport"
Page 10, line 1, after third "the" insert "British Transport"
 

Clause 30

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 13, line 16, after "constable" insert "in the following sites and in their vicinity"
 

Clause 33

 

THE LORD BERKELEY
[As an amendment to the amendment to page 15, line 15 on sheet HL Bill 53(c)]

Line 3, after "tramway" insert "guided transport"
 

After Clause 70

 

THE LORD BERKELEY

Insert the following new Clause—
  "Financial arrangements
  No charges or levies shall be made on organisations in the railway industry for the services of the Authority, which shall be funded from money provided under section 116."
 

Clause 77

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 32, line 32, at end insert ", and
(d)  a professional harbour master acting in accordance with his duties"
Page 32, line 32, at end insert ", and
(d)  a person whose primary and main function is the command of a vessel carrying passengers for a fee"
Page 33, line 7, leave out "fishing vessel" and insert "ship"
 

Clause 78

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 33, line 30, at end insert—
"(   )  Nothing in this section shall relate to voluntary members of a lifeboat crew."
 

Clause 79

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 33, line 32, after "person" insert ", subject to their being in a position to pose a substantial safety risk,"
Page 33, line 36, at end insert—
"(1A)  For the purposes of subsection (1) a ship includes a vessel used in a private capacity for sport or leisure purposes."
Page 33, line 43, at end insert "after consultation with relevant trade associations and recreational boat user groups"
Page 33, line 43, at end insert—
"(   )  Regulations under subsection (4) shall not be made until a draft has been laid before both Houses of Parliament and approved by resolution of each House."
Page 34, line 1, at beginning insert "Subject to consultation with the relevant select committees of both Houses of Parliament and relevant trade associations and recreational boat user groups"
 

Clause 83

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 36, line 35, leave out paragraph (c)
 

Clause 84

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 37, line 14, leave out paragraph (b)
 

Clause 85

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 37, line 22, after "ship" insert "including privately owned recreational vessels"
Page 37, line 31, leave out paragraph (b)
 

Clause 87

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 38, line 11, at end insert—
"(   )  The organisations consulted in accordance with subsection (6) shall include representatives of the employers, ship-owning companies, the British Chamber of Shipping and the Maritime Trade Unions."
 

Clause 93

 

THE VISCOUNT ASTOR
THE LORD LUKE

Page 40, line 41, leave out "or undertaking" and insert "contract or other obligation"
 

Clause 95

 

THE LORD BERKELEY

Page 41, line 28, column 3, at end insert—
"(c)  an accident occurs owing to the presence of an aircraft in a public place and a constable reasonably suspects that the person was at the time of the accident a person to whom section 93(1)(a) applied."
 

After Clause 103

 

THE LORD BERKELEY

Insert the following new Clause—
  "Assessment of economic effect of personal injuries
(1)  Section 117 of the Railways Act 1993 is amended as follows.
(2)  After subsection (2) there is inserted—
"(3)  If to any extent they would not do so apart from this subsection, the general purposes of Part 1 of the 1974 Act shall be interpreted by taking into account the overall economic effect of personal injuries on the public (whether passengers or not) arising from the use of alternative modes of transport.""
Insert the following new Clause—
  "HSE: responsibility for roads
  In section 117(6)(b) of the Railways Act 1993, for "guided" there is substituted "land surface""
 

Clause 104

 

THE LORD BERKELEY

Leave out Clause 104 and insert the following new Clause—
  "Railway safety: financial arrangements
  No charges or levies shall be made on organisations in the railway industry for the services of the Executive, which shall be funded from money provided under section 116."
 

After Clause 106

 

THE LORD FAULKNER OF WORCESTER

Insert the following new Clause—
  "Breath tests
  For section 6(1) of the Road Traffic Act 1988 (c. 52) (Breath Tests) there shall be substituted—
"(1)  A constable in uniform may, subject to section 9 of this Act, require a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place to provide a specimen of breath for a breath test.""
 

Clause 107

 

THE VISCOUNT ASTOR
THE LORD LUKE

 The above-named Lords give notice of their intention to oppose the Question that Clause 107 stand part of the Bill.
 

After Clause 107

 

THE LORD FAULKNER OF WORCESTER

Insert the following new Clause—
  "Driving while using mobile telephone etc.
(1)  The Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986 No. 1078) are amended as follows.
(2)  After Regulation 109 is inserted—
  "Mobile Telephones
110  No person shall drive, or cause or permit to be driven, a motor vehicle on a road, if the driver is using a hand-held mobile telephone or similar device.""
 

After Clause 110

 

THE LORD BERKELEY

Insert the following new Clause—
  "Estimated cost of preventing fatalities
(1)  In furtherance of his duties to promote safe transport, the Secretary of State shall, within a year of this Act receiving Royal Assent, publish a report setting out the estimated cost of preventing fatalities in all modes of transport.
(2)  In compiling this report, the Secretary of State shall consult with such persons as he considers fit.
(3)  The Report published under this section must be taken into account when assessing investments, standards or Regulations connected with transport safety.
(4)  Both the contents of any Report published under this section and the estimated cost of preventing fatalities contained therein shall be reviewed at least every five years.
(5)  A Report published under this section shall be presented to Parliament."
Insert the following new Clause—
  "Compatibility of safety standards
  In furtherance of his duty to promote safe transport, the Secretary of State shall ensure that the Health and Safety Executive (HSE) accepts European Technical Standards for interoperability on the railways as compliant with the HSE's own standards defined as "As Low as Reasonably Practical (ALARP)."
Insert the following new Clause—
  "External threats to safety: funding
(   )  In furtherance of his duties to promote safer transport, the Secretary of State shall provide funding through the Strategic Rail Authority to support measures to protect the railways from external threats to safety."

 
 
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©Parliamentary copyright 2003
15 May 2003