House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Notices of Amendments:
1424

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(2)
The amendment made by subsection (1) applies in relation to expenditure

incurred before as well as after the coming into force of this section.”

Member’s explanatory statement

This removes a prohibition in the Greater London Authority Act 1999 against the Greater London

Authority incurring expenditure on anything that may be done by Transport for London. It applies

in relation to expenditure incurred before as well after the coming into force of the new clause.

Secretary Patrick McLaughlin

NC15

To move the following Clause—


“Advice on likely impact of onshore petroleum on the carbon budget

(1)
The Secretary of State must from time to time request the Committee on Climate

Change to provide advice (in accordance with section 38 of the CCA 2008) on the

impact which combustion of, and fugitive emissions from, petroleum got through

onshore activity is likely to have on the Secretary of State’s ability to meet the

duties imposed by—

(a)
section 1 of the CCA 2008 (net UK carbon account target for 2050), and

(b)
section 4(1)(b) of the CCA 2008 (UK carbon account not to exceed

carbon budget).

(2)
As soon as practicable after each reporting period, the Secretary of State must

produce a report setting out the conclusions that the Secretary of State has reached

after considering the advice provided by the Committee on Climate Change

during that reporting period in response to any request made under subsection (1).

(3)
The Secretary of State must lay a copy of any such report before Parliament.

(4)
In this section—

“CCA 2008” means the Climate Change Act 2008;

“petroleum got through onshore activity” means petroleum got from the

strata in which it exists in its natural condition by activity carried out on

land in England and Wales (excluding land covered by the sea or any

tidal waters);

“petroleum” has the same meaning as in Part 1 of the Petroleum Act 1998

(see section 1 of that Act);

“reporting period” means—

(a)
the period ending with 1 April 2016, and

(b)
each subsequent period of 5 years.”

Member’s explanatory statement

This amendment requires the Secretary of State to seek advice from the Committee on Climate

Change on the likely impact of petroleum (including natural gas) produced onshore in England

and Wales, and to report periodically on the conclusions reached as result of the advice given.

Secretary Patrick McLoughlin

Clause  20,  page  13,  line  8,  at end insert “or

(c)
a person who for the time being exercises powers of management or

control over the land.”

Member’s explanatory statement

This amendment extends the definition of “owner” to include persons with powers of management

or control over land.

Notices of Amendments:
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Secretary Patrick McLoughlin

Clause  29,  page  33,  line  35,  leave out “which is” and insert “the freehold interest in

which was”

Member’s explanatory statement

This amends clause 29(11) with the effect that the amendments made by the clause do not apply to

any freehold disposals of land made before commencement by the bodies to which the clause

applies. Those amendments will apply to land in respect of which a lease was granted by those

bodies before commencement.

Secretary Patrick McLoughlin

Clause  39,  page  45,  line  34,  leave out subsection (5)

Member’s explanatory statement

This amendment, which removes a restriction on the exercise of the right of use in Scotland, is

consequential on amendments 96 to 99 (under which the right of use will not be exercisable in

Scotland).

Secretary Patrick McLoughlin

Clause  40,  page  46,  line  26,  leave out “or delict”

Member’s explanatory statement

This amendment, which removes a limitation on a person’s liability in the Scottish law of delict in

respect of exercise of the right of use, is consequential on amendments 96 to 99 (under which the

right of use will not be exercisable in Scotland).

Secretary Patrick McLoughlin

Clause  43,  page  48,  line  9,  leave out “the Scottish Ministers or”

Member’s explanatory statement

This amendment, which removes provision that stops a statutory instrument under clause 41 or 42

from conferring functions on the Scottish Ministers, is consequential on amendments 96 to 99

(under which the right of use will not be exercisable in Scotland).

Secretary Patrick McLoughlin

Clause  44,  page  49,  line  4,  leave out from “area”” to end of line 6 and insert “means

those parts of the landward area (within the meaning of the Petroleum Licensing

(Exploration and Production) (Landward Areas) Regulations 2014) that are in England

and Wales or are beneath waters (other than waters adjacent to Scotland);”

Member’s explanatory statement

This amendment, which secures that the right of use is only exercisable in those parts of the

“landward area” which are in England and Wales or the adjacent waters, is consequential on

amendments 96 to 99 (under which the right of use will not be exercisable in Scotland).

Secretary Patrick McLoughlin

Clause  44,  page  49,  line  16,  leave out from beginning to end of line 17

Member’s explanatory statement

This amendment removes the definition of the expression “Scottish deep-level land”, as the

expression is only used in clause 39(5) (which amendment 86 removes).

Notices of Amendments:
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Secretary Patrick McLoughlin

Page  55,  line  32,  leave out clause 49

Member’s explanatory statement

This amendment and amendments 106 and 107 remove clause 49 and Schedules 8 and 9 which

included provision replacing the telecommunications code in Schedule 2 to the

Telecommunications Act 1984 with a substantially revised version called the electronic

communications code, and made related consequential amendments. The existing

telecommunications code will accordingly continue in effect.

Secretary Patrick McLoughlin

Clause  50,  page  57,  line  15,  at end insert “or”

Member’s explanatory statement

This amendment together with amendments 93, 100, 104, 105 and 108 remove the provisions about

secondary legislation, extent and commencement and in the long title which were consequential

on the provisions of clause 49 and Schedules 8 and 9.

Secretary Patrick McLoughlin

Clause  50,  page  57,  line  17,  leave out from “Act,” to end of line 19

Member’s explanatory statement

The explanatory statement for amendment 92 also applies to this amendment.

Secretary Patrick McLoughlin

Clause  51,  page  57,  line  45,  at end insert—

“( )
Part 1A (Cycling and Walking Investment Strategies) extends to England and

Wales only.”

Member’s explanatory statement

This amendment provides for the new clause relating to Cycling and Walking Investment

Strategies, which it is intended will form a new Part after Part 1, to extend to England and Wales

only.

Secretary Patrick McLoughlin

Clause  51,  page  58,  line  9,  leave out “and 29(11) and (12)” and insert “, 29(11) and

(12) and (Expenditure of Greater London Authority on housing or regeneration)(2)”.

Member’s explanatory statement

This provides for NC14 to extend to England and Wales only.

Secretary Patrick McLoughlin

Clause  51,  page  58,  line  13,  leave out “sections 39 to 44,”

Member’s explanatory statement

This amendment removes the provision which specifies the extent of the clauses dealing with the

right of use (as new provision is made by amendment 99).

Secretary Patrick McLoughlin

Clause  51,  page  58,  line  15,  leave out second “and”

Member’s explanatory statement

This amendment is consequential on amendments 96 and 99.

Notices of Amendments:
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Secretary Patrick McLaughlin

Clause  51,  page  58,  line  16,  leave out “extends” and insert “and section (Advice on

likely impact of onshore petroleum on the carbon budget) extend”

Member’s explanatory statement

This amendment provides that NC15 will extend to England and Wales, Scotland and Northern

Ireland.

Secretary Patrick McLoughlin

Clause  51,  page  58,  line  17,  at end insert “, and

( )
sections 39 to 44 extend to England and Wales only.”

Member’s explanatory statement

This amendment inserts new provision which specifies that the clauses dealing with the right of use

will extend only to England and Wales (and so they will no longer extend to Scotland as well).

Secretary Patrick McLoughlin

Clause  51,  page  58,  line  20,  leave out subsections (7) and (8)

Member’s explanatory statement

The explanatory statement for amendment 92 also applies to this amendment.

Secretary Patrick McLoughlin

Clause  52,  page  58,  line  32,  at end insert—

“( )
Part 1A (Cycling and Walking Investment Strategies) comes into force on such

day as the Secretary of State appoints by regulations.”

Member’s explanatory statement

This amendment provides for the new clause relating to Cycling and Walking Investment

Strategies, which it is intended will form a new Part after Part 1, to come into force by regulations.

Secretary Patrick McLoughlin

Clause  52,  page  59,  line  5,  leave out “section 26 comes” and insert “sections 26 and

(Expenditure of Greater London Authority on housing or regeneration) come”.

Member’s explanatory statement

This provides for NC14 to come into force on the day that the Act is passed.

Secretary Patrick McLaughlin

Clause  52,  page  59,  line  20,  leave out “44” and insert “(Advice on likely impact of

onshore petroleum on the carbon budget)”

Member’s explanatory statement

This amendment provides that NC15 will come into force two months after the Bill is passed.

Secretary Patrick McLoughlin

Clause  52,  page  59,  line  28,  leave out subsection (8)

Member’s explanatory statement

The explanatory statement for amendment 92 also applies to this amendment.

Notices of Amendments:
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Secretary Patrick McLoughlin

Clause  52,  page  59,  line  31,  leave out “, (6)(c) or (8)” and insert “or (6)(c)”

Member’s explanatory statement

The explanatory statement for amendment 92 also applies to this amendment.

Secretary Patrick McLoughlin

Page  122,  line  13,  leave out Schedule 8

Member’s explanatory statement

The explanatory statement for amendment 91 also applies to this amendment.

Secretary Patrick McLoughlin

Page  177,  line  17,  leave out Schedule 9

Member’s explanatory statement

The explanatory statement for amendment 91 also applies to this amendment.

Mr John Hayes

Title,  line  15,  leave out “to make provision about the electronic communications code;”

Member’s explanatory statement

The explanatory statement for amendment 92 also applies to this amendment.

Charlotte Leslie

Greg Mulholland

Caroline Lucas

Grahame M. Morris

NC16

To move the following Clause—


“Use classes and demolition: drinking establishments

(1)
The Town and Country Planning (Use Classes) Order 1987 (SI 1987/764) is

amended as follows.

(2)
At the end of section 3(6) add—

“(n)
as a drinking establishment.”

(3)
In the Schedule, leave out “Class A4. Drinking Establishments”.

(4)
The Town and Country Planning (General Permitted Development) Order 1995

(SI 1995/418) is amended as follows.

(5)
In Part 3 of Schedule 2 under Class A: Permitted Development, leave out “A4

(drinking establishments)”.

(6)
In Part 31 of Schedule 2 under A.1 add—

“(c)
the building subject to demolition is classed as a drinking

establishment”.”

Member’s explanatory statement

The purpose of this New Clause is to aim to ensure that any proposed demolition of or change of

use to public houses and other drinking establishments would be subject to planning permission.

Currently such buildings can be demolished or have their use changed without such permission

being granted.

Notices of Amendments:
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Chris Bryant

John McDonnell

Page  55,  line  32,  leave out Clause 49

Chris Bryant

John McDonnell

Page  122,  line  13,  leave out Schedule 8

Chris Bryant

John McDonnell

Page  177,  line  17,  leave out Schedule 9

Secretary Patrick McLoughlin

Clause  9,  page  6,  line  28,  at end insert “, and

(c)
the effect of directions and guidance given by the Secretary of State to a

strategic highways company under this Part.”

Member’s explanatory statement

This amendment provides that the activities of the Office of Rail Regulation may include

investigating, publishing reports or giving advice on the effect of directions and guidance under

Part 1 of the Bill.

Secretary Patrick McLoughlin

Clause  9,  page  6,  line  42,  at end insert—

“(8)
The Secretary of State must lay a report published by the Office under this section

before Parliament.”

Member’s explanatory statement

This amendment provides a duty for the Secretary of State to lay a report published by the Office

of Rail Regulation before Parliament.

Secretary Patrick McLoughlin

Clause  9,  page  6,  line  42,  at end insert—

“(9)
In Part 2 (Office of Rail Regulation) of the Railways and Transport Safety Act

2003, after section 15 insert—

“15A
Change of name

(1)
The Secretary of State may by regulations make provision for the body

established by section 15 to be known by a different name.

(2)
Regulations under this section may amend this Act or any other

enactment, whenever passed or made.

(3)
Regulations under this section are to be made by statutory instrument.

(4)
A statutory instrument which contains regulations under this section is

subject to annulment in pursuance of a resolution of either House of

Parliament.””

Member’s explanatory statement

This amendment inserts a new section 15A into the Railways and Transport Safety Act 2003 which

provides for the Secretary of State to change the name of the Office of Rail Regulation by

Notices of Amendments:
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regulations. The regulations may also make amendments to legislation which are consequential on

the name change.

Secretary Patrick McLoughlin

Schedule  3,  page  92,  line  5,  at end insert—

  “(1A)
Where in accordance with a scheme a person employed by a transferor

becomes an employee of a transferee, the scheme must provide for the transfer

of all the rights and liabilities relating to the person’s contract of employment.”

Member’s explanatory statement

This amendment requires a transfer scheme to provide for the transfer to the transferee of all of

the transferor’s rights and liabilities relating to a person’s contract of employment, where the

person becomes employed by the transferee as a result of the scheme.

Secretary Patrick McLoughlin

Schedule  3,  page  92,  line  19,  at end insert—

  “(3A)
No damages are payable by virtue of a constructive dismissal occurring under

sub-paragraph (3) in respect of unpaid wages relating to a notice period which

the employee has not worked.”

Member’s explanatory statement

This amendment provides that, where a transferred employee claims constructive dismissal as a

result of a substantial detrimental change made to the employee’s working conditions, no damages

are payable in respect of any unpaid wages relating to a notice period which the employee has not

worked.

Secretary Patrick McLoughlin

NC17

To move the following Clause—


“Route strategies

(1)
The Secretary of State must from time to time direct a strategic highways

company to prepare proposals for the management and development of particular

highways in respect of which the company is appointed (“a route strategy”).

(2)
A route strategy must relate to such period as the Secretary of State may direct.

(3)
The strategic highways company must—

(a)
comply with a direction given to it under subsection (1), and

(b)
publish the route strategy in such manner as the company considers

appropriate.

(4)
A direction under subsection (1) must be published by the Secretary of State in

such manner as he or she considers appropriate.”

Member’s explanatory statement

This amendment inserts a new clause requiring the Secretary of State to direct a strategic

highways company to prepare route strategies. The company must comply with such a direction

and publish route strategies in such manner as it considers appropriate.

Secretary Patrick McLoughlin

NC18

To move the following Clause—



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