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Amendments to the Railways and Transport Safety Bill

Railways and Transport Safety Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 12th May 2003, as follows—

Clauses 1 to 15
Schedule 1
Clause 16
Schedules 2 and 3
Clauses 17 and 18
Schedule 4
Clauses 19 to 72
Schedule 5
Clauses 73 to 102
Schedule 6
Clauses 103 to 115
Schedule 7
Clauses 116 to 119

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 2

 

THE VISCOUNT ASTOR
THE LORD LUKE

1Page 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

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

Clause 4

 

THE VISCOUNT ASTOR
THE LORD LUKE

3Page 2, line 27, after "Branch" insert ", working in conjunction with the Railway Safety and Standards Board,"
4Page 2, line 30, leave out "and railway incidents"
5Page 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

6Page 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

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

THE VISCOUNT ASTOR
THE LORD LUKE

8Page 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."
9Page 3, line 13, leave out subsection (2)
 

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

10Page 3, line 16, at end insert—
"(   )  The Branch shall inform the police or the Health and Safety Executive, as appropriate, if it has reason to believe that an offence has been committed."
11Page 3, line 27, leave out subsection (7)
 

Clause 8

 

THE VISCOUNT ASTOR
THE LORD LUKE

12Page 3, line 39, after "dwelling-house" insert "within 500 yards of railway property"
13Page 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

14Page 5, line 22, at end insert—
"(   )  Regulations under subsection (1) 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 LORD BERKELEY

15Page 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 LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET

16*Page 8, line 8, at end insert ", saving duties concerning safety where the office should confine itself to the economic effects of safety regimes imposed on the railway"
 

THE VISCOUNT ASTOR
THE LORD LUKE

17Page 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 appropriately; and
(c)  approve agreements governing the terms and conditions by which train operators gain access to the track and infrastructure, and licenses all operators."
 

Schedule 4

 

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

18Page 62, line 35, leave out "four" and insert "two"
19Page 62, line 38, at end insert—
"(   )  at least two persons with direct experience of providing railway services in London appointed following consultation with Transport for London,"
20Page 63, line 33, leave out paragraphs 4 to 6 and insert—
      "The Authority will appoint from among its members a person to act as chairman and a deputy chairman."
 

Clause 19

 

THE VISCOUNT ASTOR
THE LORD LUKE

21Page 9, line 4, at end insert ", and
(g)  to the Mayor of London's Transport Strategy"
 

Clause 20

 

THE VISCOUNT ASTOR
THE LORD LUKE

22Page 9, line 11, after third "the" insert "British Transport"
23Page 9, line 12, leave out subsection (3)
 

Clause 21

 

THE VISCOUNT ASTOR
THE LORD LUKE

24Page 9, line 14, after second "the" insert "British Transport"
25Page 10, line 1, after third "the" insert "British Transport"
 

Clause 25

 

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

26Page 11, line 39, at end insert—
"(   )  The Chief Constable may pay or make allowances to special constables as may be allowed to other special constables."
 

Clause 27

 

THE LORD FAULKNER OF WORCESTER
THE LORD BRADSHAW
THE LORD DIXON-SMITH

27Page 12, line 32, at end insert—
"(3)  For the purpose of employing community support officers under section 38 of the Police Reform Act 2002 (c. 30) (police powers for police authority employees)—
(a)  the Authority shall be considered a police authority;
(b)  the Police Force shall be considered a police force; and
(c)  the Chief Constable shall be considered a chief officer of police."
 

Clause 30

 

THE VISCOUNT ASTOR
THE LORD LUKE

28Page 13, line 16, after "constable" insert "in the following sites and in their vicinity"
 

THE LORD FAULKNER OF WORCESTER
THE LORD BRADSHAW
THE LORD DIXON-SMITH
THE VISCOUNT ASTOR

29Page 13, line 25, at end insert—
"(h)  in the vicinity of the sites specified above."
 

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

30*Page 13, line 25, at end insert—
"(i)  in response to a request for assistance from an officer of another force."
 

THE LORD FAULKNER OF WORCESTER
THE LORD BRADSHAW
THE LORD DIXON-SMITH
THE VISCOUNT ASTOR

31Page 13, line 26, at end insert ", or is in the vicinity of,"
 

After Clause 70

 

THE LORD BERKELEY

32Insert 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

33Page 32, line 32, at end insert ", and
(d)  a professional harbour master acting in accordance with his duties"
34Page 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"
 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

35Page 32, line 34, leave out "or drugs"
36Page 33, line 7, leave out "fishing"
 

THE VISCOUNT ASTOR
THE LORD LUKE

37Page 33, line 7, leave out "fishing vessel" and insert "ship"
 

Clause 78

 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

38Page 33, line 20, leave out "or drugs"
 

THE VISCOUNT ASTOR
THE LORD LUKE

39Page 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

40Page 33, line 32, after "person" insert ", subject to their being in a position to pose a substantial safety risk,"
41Page 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."
 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

42Page 33, line 39, leave out "or drugs"
 

THE VISCOUNT ASTOR
THE LORD LUKE

43Page 33, line 43, at end insert "after consultation with relevant trade associations and recreational boat user groups"
44Page 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."
45Page 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

46Page 36, line 35, leave out paragraph (c)
 

Clause 84

 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

47Page 37, line 8, leave out "or drugs"
 

THE VISCOUNT ASTOR
THE LORD LUKE

48Page 37, line 14, leave out paragraph (b)

 
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©Parliamentary copyright 2003
16 May 2003