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| given up to and including |
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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Deregulation Bill, As Amended
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| | The Amendments have been arranged in accordance with the Order of the House |
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| nEW cLAUSES AND NEW SCHEDULES RELATING TO DRIVING AND TO ROADS, |
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| RAILWAYS, TRAMWAYS AND OTHER MEANS OF TRANSPORT AND AMENDMENTS TO |
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| CLAUSES 8 TO 12 AND 32 TO 35 AND SCHEDULES 2 AND 3 AND 8 TO 10 |
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| To move the following Clause— |
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| | “Removal of restriction on investigation of tramway accidents in Scotland by RAIB |
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| | (1) | The Railways and Transport Safety Act 2003 is amended as follows. |
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| | (2) | In section 14 (extent of Part 1: investigation of railway accidents by Rail Accident |
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| | Investigation Branch), omit subsection (2) (which prevents the Part from |
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| | applying to tramways in Scotland). |
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| | (3) | In consequence of subsection (2), omit section 1(3).” |
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| | Member’s explanatory statement
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| | Part 1 of the Railways and Transport Safety 2003 does not currently apply to tramways in Scotland |
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| | and so the Rail Accident Investigation Branch cannot investigate tramway accidents there. This |
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| | amendment removes that restriction |
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| To move the following Clause— |
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| | “Footpaths: provisions to stop up or divert due to privacy, safety or security |
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| | (1) | The Highways Act 1980 is amended as follows. |
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| | (2) | In section 118 (Stopping up of footpaths, birdleways and restricted byways), in |
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| | subsection (1) after “on the ground that it is not needed for public use”, insert “or |
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| | the public need could reasonably be provided by an alternative public right of way |
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| | (3) | After subsection (1) insert— |
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| | “(1A) | When making a determination under subsection (1A) the council and |
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| | Secretary of State shall have regard to the presumption that footpaths |
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| | should not pass through farmyards, gardens, commercial premises or |
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| | other land where privacy, safety or security are an issue.”. |
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| | (4) | In section 119 (Diversion of footpaths, bridleways and restricted byways), |
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| | subsection (6A) after “a public right of way,”, insert “, and the presumption that |
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| | paths should not pass through farmyards, commercial areas, gardens or other land |
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| | where privacy, safety or security is an issue.” |
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| Page 7, line 22, leave out Clause 10, Clause 11 and Clause 12 |
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| Clause 33, page 25, line 32, at end insert— |
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| | “(aa) | the duration of driving licences to be granted to drivers with relevant or |
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| | prospective disabilities;” |
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| | Member’s explanatory statement
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| | Clause 31 introduces Schedule 9 to the Bill. This amendment is consequential on the addition of a |
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| | new Part to Schedule 9 by amendment 51 |
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| Clause 35, page 26, line 4, leave out paragraphs (a) and (b) and insert “in paragraph |
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| (a) leave out from “if new and important evidence” to “discovered” and insert “where |
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| secondary investigations have enabled more new, significant, or important evidence to |
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| become available, having particular regard to— |
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| | (i) | enhancing and preserving the rights of those affected by a |
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| | maritime accident to learn from the proceedings of such |
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| | reinvestigations and conclusions drawn from them; and |
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| | (ii) | future safety issues and measures.”.” |
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| Schedule 2, page 62, line 13, leave out “authorise the person to apply” and insert |
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| | Member’s explanatory statement
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| | This amendment is a drafting improvement to make new section 124(3)(a) of the Road Traffic Act |
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| | 1988 more consistent with the new system for registering driving instructors |
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| Schedule 2, page 62, line 36, leave out “applicant” and insert “person” |
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| | Member’s explanatory statement
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| | This amendment is a drafting change to improve the cross-reference between new section 125(3D) |
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| | and 125ZA(4)(ba) of the Road Traffic Act 1988 |
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| Schedule 2, page 65, line 26, at end insert— |
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| | | “unless the Registrar considers it appropriate for the application to be made at |
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| | such earlier time as may be specified by the Registrar.” |
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| | Member’s explanatory statement
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| | This amendment will enable the Registrar to allow an application to undergo a further emergency |
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| | control assessment under section 133B(4) to be made before the end of the six month period |
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| | referred to in new section 133B(5A) |
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| Schedule 2, page 66, line 39, leave out “applicant” and insert “person” |
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| | Member’s explanatory statement
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| | This amendment is a drafting change to improve the cross-reference between new section 125(2D) |
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| | and 125(5A) of the Road Traffic Act 1988 |
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| Schedule 2, page 69, line 30, leave out paragraph 22 |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 43 |
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| Schedule 2, page 71, line 40, leave out from “assessment” to end of line 40 and |
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| | (i) | under section 125(2C) or 129(1B), or |
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| | (ii) | as mentioned in section 125(5)(a)(ii) or 129(5ZA),” |
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| | Member’s explanatory statement
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| | This amendment amends new subsection 133B(2A), inserting references to section 129(1B) and |
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| | section 129(5ZA) to ensure that the ability to re-take failed emergency control assessments applies |
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| | to assessments taken in connection with licences as well as to those taken in connection with |
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| Schedule 2, page 72, line 15, at end insert— |
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| | | “unless the Registrar considers it appropriate for the application to be made at |
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| | such earlier time as may be specified by the Registrar.” |
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| | Member’s explanatory statement
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| | This amendment makes the same change for Part 2 of Schedule 2 to the Bill that amendment 38 |
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| | makes for Part 1 of Schedule 2 |
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| Schedule 2, page 72, line 37, at end insert— |
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| | | “Part 5 has effect as if after section 133D there were inserted— |
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