Session 2014 - 15
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31

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Friday 6 June 2014

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Consideration of Bill


 

Deregulation Bill, As Amended


 

Note

 

The Amendments have been arranged in accordance with the Order of the House

 

[14 May 2014].

 


 

nEW cLAUSES AND NEW SCHEDULES RELATING TO DRIVING AND TO ROADS,

 

RAILWAYS, TRAMWAYS AND OTHER MEANS OF TRANSPORT AND AMENDMENTS TO

 

CLAUSES 8 TO 12 AND 32 TO 35 AND SCHEDULES 2 AND 3 AND 8 TO 10

 

Tom Brake

 

Oliver Heald

 

NC4

 

To move the following Clause—

 

“Removal of restriction on investigation of tramway accidents in Scotland by RAIB

 

(1)    

The Railways and Transport Safety Act 2003 is amended as follows.

 

(2)    

In section 14 (extent of Part 1: investigation of railway accidents by Rail Accident

 

Investigation Branch), omit subsection (2) (which prevents the Part from

 

applying to tramways in Scotland).

 

(3)    

In consequence of subsection (2), omit section 1(3).”


 
 

Notices of Amendments: 6 June 2014                     

32

 

Deregulation Bill, continued

 
 

Member’s explanatory statement

 

Part 1 of the Railways and Transport Safety 2003 does not currently apply to tramways in Scotland

 

and so the Rail Accident Investigation Branch cannot investigate tramway accidents there. This

 

amendment removes that restriction

 


 

Bill Wiggin

 

nc15

 

To move the following Clause—

 

“Footpaths: provisions to stop up or divert due to privacy, safety or security

 

(1)    

The Highways Act 1980 is amended as follows.

 

(2)    

In section 118 (Stopping up of footpaths, birdleways and restricted byways), in

 

subsection (1) after “on the ground that it is not needed for public use”, insert “or

 

the public need could reasonably be provided by an alternative public right of way

 

or highway nearby”.

 

(3)    

After subsection (1) insert—

 

“(1A)    

When making a determination under subsection (1A) the council and

 

Secretary of State shall have regard to the presumption that footpaths

 

should not pass through farmyards, gardens, commercial premises or

 

other land where privacy, safety or security are an issue.”.

 

(4)    

In section 119 (Diversion of footpaths, bridleways and restricted byways),

 

subsection (6A) after “a public right of way,”, insert “, and the presumption that

 

paths should not pass through farmyards, commercial areas, gardens or other land

 

where privacy, safety or security is an issue.”

 


 

Mary Creagh

 

Richard Burden

 

Chi Onwurah

 

Caroline Lucas

 

Barbara Keeley

 

Tom Greatrex

 

Mrs Mary Glindon

 

61

 

Page  7,  line  22,  leave out Clause 10, Clause 11 and Clause 12

 



 
 

Notices of Amendments: 6 June 2014                     

33

 

Deregulation Bill, continued

 
 

Tom Brake

 

Oliver Heald

 

13

 

Clause  33,  page  25,  line  32,  at end insert—

 

“(aa)    

the duration of driving licences to be granted to drivers with relevant or

 

prospective disabilities;”

 

Member’s explanatory statement

 

Clause 31 introduces Schedule 9 to the Bill. This amendment is consequential on the addition of a

 

new Part to Schedule 9 by amendment 51

 


 

Mr Gordon Marsden

 

Dr Alan Whitehead

 

Chi Onwurah

 

John McDonnell

 

1

 

Clause  35,  page  26,  line  4,  leave out paragraphs (a) and (b) and insert “in paragraph

 

(a) leave out from “if new and important evidence” to “discovered” and insert “where

 

secondary investigations have enabled more new, significant, or important evidence to

 

become available, having particular regard to—

 

(i)    

enhancing and preserving the rights of those affected by a

 

maritime accident to learn from the proceedings of such

 

reinvestigations and conclusions drawn from them; and

 

(ii)    

future safety issues and measures.”.”

 


 

Tom Brake

 

Oliver Heald

 

36

 

Schedule  2,  page  62,  line  13,  leave out “authorise the person to apply” and insert

 

“require the person”

 

Member’s explanatory statement

 

This amendment is a drafting improvement to make new section 124(3)(a) of the Road Traffic Act

 

1988 more consistent with the new system for registering driving instructors

 

Tom Brake

 

Oliver Heald

 

37

 

Schedule  2,  page  62,  line  36,  leave out “applicant” and insert “person”

 

Member’s explanatory statement

 

This amendment is a drafting change to improve the cross-reference between new section 125(3D)

 

and 125ZA(4)(ba) of the Road Traffic Act 1988


 
 

Notices of Amendments: 6 June 2014                     

34

 

Deregulation Bill, continued

 
 

Tom Brake

 

Oliver Heald

 

38

 

Schedule  2,  page  65,  line  26,  at end insert—

 

    

“unless the Registrar considers it appropriate for the application to be made at

 

such earlier time as may be specified by the Registrar.”

 

Member’s explanatory statement

 

This amendment will enable the Registrar to allow an application to undergo a further emergency

 

control assessment under section 133B(4) to be made before the end of the six month period

 

referred to in new section 133B(5A)

 

Tom Brake

 

Oliver Heald

 

39

 

Schedule  2,  page  66,  line  39,  leave out “applicant” and insert “person”

 

Member’s explanatory statement

 

This amendment is a drafting change to improve the cross-reference between new section 125(2D)

 

and 125(5A) of the Road Traffic Act 1988

 

Tom Brake

 

Oliver Heald

 

40

 

Schedule  2,  page  69,  line  30,  leave out paragraph 22

 

Member’s explanatory statement

 

This amendment is consequential on amendment 43

 

Tom Brake

 

Oliver Heald

 

41

 

Schedule  2,  page  71,  line  40,  leave out from “assessment” to end of line 40 and

 

insert “—

 

(i)    

under section 125(2C) or 129(1B), or

 

(ii)    

as mentioned in section 125(5)(a)(ii) or 129(5ZA),”

 

Member’s explanatory statement

 

This amendment amends new subsection 133B(2A), inserting references to section 129(1B) and

 

section 129(5ZA) to ensure that the ability to re-take failed emergency control assessments applies

 

to assessments taken in connection with licences as well as to those taken in connection with

 

registration

 

Tom Brake

 

Oliver Heald

 

42

 

Schedule  2,  page  72,  line  15,  at end insert—

 

    

“unless the Registrar considers it appropriate for the application to be made at

 

such earlier time as may be specified by the Registrar.”

 

Member’s explanatory statement

 

This amendment makes the same change for Part 2 of Schedule 2 to the Bill that amendment 38

 

makes for Part 1 of Schedule 2

 

Tom Brake

 

Oliver Heald

 

43

 

Schedule  2,  page  72,  line  37,  at end insert—

 

            

“Part 5 has effect as if after section 133D there were inserted—


 
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Revised 9 June 2014