Infrastructure Bill [HL]

Amendments
to be moved
in grand committee

Clause 1

LORD WHITTY

 

Page 1, line 6, leave out “or more companies as a highway authority” and insert
“company as the strategic highways authority for England”

 

Page 1, line 10, leave out subsections (3) and (4) and insert—

“(3)     The company designated under this section is called the Strategic
Highways Company.

(4)     The designated Strategic Highways Company shall not cease to be wholly
owned by the Secretary of State unless by Act of Parliament.”

Schedule 1

LORD WHITTY

 

Page 31, line 35, at end insert—

“( )     The strategic highways company shall be responsible for the
construction, improvement and maintenance of the strategic
highways network for which it is the authority; and for the
management of safety of that network, the development of traffic
management and speed control systems on that network and for
meeting objectives for reduction of emissions of greenhouse
gases, pollution of water run-off, air quality and other
environmental objectives and for engagement with private and
commercial road users with local communities.

( )     The strategic highways company shall have responsibility for
research and development in the fields of road construction and
maintenance, traffic and safety controls and telemetric
information on its network, and in so doing, the strategic
highways company may contract to or enter partnership with
other organisations.”

Clause 2

LORD WHITTY

 

Page 2, line 8, leave out “a” and insert “the”

 

Page 2, line 8, leave out from “must” to end of line 12 and insert “cover the whole
of England and highways in England for which the company is to be the highways
authority”

 

Page 2, line 13, at beginning insert “In the first instance highways specified under
subsection (1) shall be those theretofore managed by the Highways Agency;
thereafter”

Clause 3

LORD WHITTY

 

Page 2, line 34, at end insert “and at least every five years”

 

Page 3, line 2, at end insert—

“(c)   the way in which the strategy fits within wider planning of a
sustainable transport system”

 

Page 3, line 6, at end insert—

“( )     The activities, results and standards in subsection (4) shall include
improvement of performance in network safety, reductions in carbon
emissions, and improvements in environmental objectives as well as issues
of traffic volumes, journey times and new and improved roads.

( )     A reduction in the number of accidents and the number of killed or
seriously injured on the highways network shall be a central objective of
the Road Investment Strategy and shall be embedded at the level of design
of the system, at the operational level of network management and in
assessment of individual capital projects.”

 

Page 3, line 14, at end insert—

“( )     Investments in projects on road safety, environmental improvements,
traffic and speed control systems, and demand reduction projects shall be
appraised on the same cost benefit basis as decisions on investment in road
construction and maintenance.”

LORD BERKELEY

 

Page 3, line 16, at end insert—

“( )     In setting a Road Investment Strategy, the Secretary of State shall publish a
statement of national transport strategy setting out the role of the strategic
highways network and other transport networks with respect to the
Government’s economic, social and environmental objectives for the
transport system.

( )     The national transport strategy shall be kept under review and updated not
less than every five years.

( )     The Road Investment Strategy shall as far as possible be consistent with
and prepared alongside the High Level Output Statement under the
Railways Act 2007.”

 

Page 3, line 16, at end insert—

“( )     In setting a Road Investment Strategy, the Secretary of State shall set out—

(a)   predicted impacts on carbon emissions and measures proposed to
reduce emissions to lowest practical as a result of the stragegy;

(b)   means by which the strategy will enhance biodiversity and the
natural environment.”

Schedule 2

LORD BERKELEY

 

Page 57, line 27, at end insert—

“( )     In providing a strategic highways company with proposals for a Road
Investment Strategy, the Secretary of State shall consult and demonstrate
that he has consulted—

(a)   Network Rail;

(b)   local transport authorities in England;

(c)   combined authorities;

(d)   statutory environmental bodies;

(e)   such other consultees as the Secretary of State considers
appropriate and have an interest in the Road Investment
Strategy.

LORD WHITTY

 

Page 57, line 28, at end insert—

“( )     The objectives shall include not only objectives for road building and
maintenance, but also for reduction in accidents and deaths and injuries,
speed control and traffic management; and on engagement with local
communities and the natural environment.”

Clause 4

LORD WHITTY

 

Page 3, line 20, at end insert—

“( )     In considering directions or guidance, the Secretary of State shall give due
consideration to issues of road safety and of environmental outcomes.”

After Clause 6

LORD WHITTY

 

Insert the following new Clause—

“Duty to co-operate

The strategic highways company shall have a duty to co-operate with local
highways authorities; Transport for London; local authorities; agencies
including the Environment Agency and the Health and Safety Executive;
local planning authorities; and the police and traffic commissioners; and to
co-operate where appropriate with the Welsh Assembly and the Scottish
Government.”

Clause 8

LORD WHITTY

 

Page 5, line 24, at end insert—

“( )     In all enactments the Passenger’s Council shall henceforth be renamed the
“Passenger and Road Users Council”.”

 

Page 5, line 25, after “must” insert “establish a capacity to”

 

Page 5, line 27, at end insert—

“( )     The Secretary of State must each three years allocate for a three year period
sufficient resources to the Passenger Council to carry out these activities
whether by requiring the Strategic Highways Company to meet the cost or
otherwise.”

 

Page 5, line 37, at end insert—

“( )     The Passengers’ Council shall set up a system of dealing with complaints
from road users and others affected by the activities of the strategic
highways company, and the cost of the complaints system shall be covered
by the Secretary of State whether by requiring the strategic highways
company to meet the cost or otherwise.”

 

Page 6, line 1, leave out “by agreement with a local highway authority”

LORD BERKELEY

 

Page 6, line 9, at end insert—

“( )     In this section, “users” are defined as drivers of motor vehicles, cyclists and
pedestrians.”

 

Page 6, line 12, at end insert—

    “Network Rail.”

Clause 9

LORD WHITTY

 

Page 6, line 20, at end insert—

“(c)   proposing regulations and enforcement powers governing the
activities of the Strategic Highways Company”

LORD BERKELEY

 

Page 6, line 34, at end insert—

“( )     The Office of Rail Regulation shall be under a duty in exercising the
functions assigned or transferred to it under this Part—

(a)   to have regard to any general guidance given to it by the Secretary
of State about strategic highways companies or other matters
relating to strategic highways;

(b)   to have regard to the cross-modal impacts of its decisions with
regards to strategic highways and to railways.”

 

Page 6, line 34, at end insert—

“( )     Within two years of this section coming into effect, the Office of Rail
Regulation shall report to the Secretary of State on how its monitoring role
in this section could be strengthened to become more closely aligned with
its role in respect of the railways.”

LORD WHITTY

 

Page 6, line 34, at end insert—

“( )     The Secretary of State shall ensure that the Office receives sufficient
resources to carry out the functions in this section whether by requiring the
Strategic Highways Company to meet the cost or otherwise.”

Clause 10

LORD WHITTY

 

Page 7, line 11, at end insert—

“( )     Whether a transfer involves staff or obligations and liabilities to staff, either
the Transfer of Undertakings provisions shall apply or equivalent
provisions will apply.”

Clause 12

LORD WHITTY

 

Page 8, line 38, at end insert—

“( )   the terms on which the strategic highways company may raise its
own loan capital on the market by bond issue or otherwise.”

Clause 13

LORD WHITTY

 

Page 9, line 11, at end insert—

“(c)   road safety”

After Clause 14

LORD WHITTY

 

Insert the following new Clause—

“Parliamentary oversight of highways strategy

(1)     No provision under this Part shall come into force until they have been
reported on by a Joint Committee of the House of Commons and the House
of Lords and the endorsement of that report by both Houses of Parliament.

(2)     Once enacted, the operation of Part 1 shall be subject to review by
Parliament at least once every five years.”

Clause 16

BARONESS KRAMER

 

Page 13, line 36, at end insert—

“(2)     Unless it is made under paragraph 9(2)(c) (emergency), a species
control order—

(a)   may not require an owner of premises to carry out species
control operations, or provide for an environmental
authority to carry out species control operations, before the
end of the period in which an appeal may be made (see
paragraph 15), and

(b)   must provide that if an appeal is made within that period,
the owner need not carry out the operations, or the
environmental authority shall not carry out the operations,
before the appeal is finally determined.”

 

Page 14, leave out line 12 and insert—

“(a)   all owners of the premises of whom the environmental
authority is aware,”

LORD BERKELEY

 

Page 15, line 40, at end insert—

“Interpretation

      In this Schedule, “species” means a group of living organisms in
the air, on land or in water, consisting of similar individuals
capable of exchanging genes or interbreeding.”

Clause 20

LORD WHITTY

 


Lord Whitty gives notice of his intention to oppose the Question that Clause 20 stand part
of the Bill.

After Clause 21

LORD WHITTY

 

Insert the following new Clause—

“Public land released for housing development

(1)     Contracts for release of public land owned by the Homes and Communities
Agency, whether acquired under section 21 or otherwise, if released for
housing development shall specify that not less than 30 per cent of
dwellings built on that land shall be for social housing.

(2)     All contracts for release of the Homes and Communities Agency land,
whether acquired under section 21 or otherwise, shall maintain the
ownership of the freehold of that land with the Homes and Communities
Agency or other public authority or specify the reversion of that freehold
after 25 years.

(3)     Section 3 may be varied by decision of the Secretary of State, subject to
parliamentary approval.”

Schedule 4

BARONESS KRAMER

 

Page 65, line 24, after “5” insert “or 6 or another relevant enactment”

 

Page 65, line 36, at end insert “;

“relevant enactment” means a provision which is made by or under an
Act and which provides for the registration of a charge or other
matter as a local land charge.”

Before Clause 26

LORD WHITTY

 

Insert the following new Clause—

“National Infrastructure Plan: energy efficiency

The National Infrastructure Plan shall be altered to include investment in
measures in the domestic and commercial sectors delivering reductions in
energy use through increased energy efficiency and investment in such
areas shall be subject to the same criteria as other items for inclusion in the
Plan.”

After Clause 27

BARONESS KRAMER

 

Insert the following new Clause—

“The Extractive Industries Transparency Initiative

After section 8 of the Commissioners for Revenue and Customs Act 2005
insert—

“8A The Extractive Industries Transparency Initiative

(1)     The Commissioners may do anything which they think necessary
or expedient in connection with the Extractive Industries
Transparency Initiative in so far as it relates to taxes the collection
and management of which is the responsibility of the
Commissioners.

(2)     In this section “the Extractive Industries Transparency Initiative”
means the international initiative of that name which has the aim of
promoting openness in the management of revenues from natural
resources.””

Clause 30

BARONESS KRAMER

 

Page 29, line 18, leave out “, 13 and 14” and insert “and 13 to 15”

 

Page 29, line 29, leave out subsection (4) and insert—

“(4)     In Part 4—

(a)   sections 26, 27 and 28 and Schedule 5 extend to England and Wales
and Scotland, and

(b)   section (The Extractive Industries Transparency Initiative) extends to
England and Wales, Scotland and Northern Ireland.”

In the Title

BARONESS KRAMER

 

Line 10, after “facilities;” insert “to enable Her Majesty’s Revenue and Customs to
exercise functions in connection with the Extractive Industries Transparency
Initiative;”

Prepared 1st July 2014