Infrastructure Bill [HL]

SECOND
marshalled
list of Amendments
to be moved
in grand committee

The amendments have been marshalled in accordance with the Instruction of 25th June 2014, as follows—

Clauses 4 to 10
Schedule 3
Clauses 11 to 23
Schedule 4
Clauses 24 to 26
Schedule 5
Clauses 27 to 32

[Amendments marked * are new or have been altered]

Clause 4

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

32

Page 3, line 20, at end insert “including on matters of remuneration, management,
financial arrangments and staffing”

LORD WHITTY

LORD JUDD

33

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.”

Clause 5

LORD TEVERSON

LORD BRADSHAW

34

Page 3, line 32, leave out “Secretary of State” and insert “Office of Rail Regulation”

35

Page 3, line 36, leave out “Secretary of State” and insert “Office of Rail Regulation”

36

Page 3, leave out line 37 and insert “The Office of Rail Regulation must publish, in
such manner as it considers”

37

Page 3, line 39, leave out “he or she” and insert “it”

38

Page 3, line 40, at end insert—

“( )     The Secretary of State may issue guidance to the Office of Rail Regulation
about the application of its powers under this section, which may include—

(a)   the maximum level of the fine, and

(b)   any other matters which he or she may judge appropriate in
discharging this duty.”

Clause 6

VISCOUNT HANWORTH

39

Page 4, line 4, at end insert—

“( )     The power to set a toll or a tariff on a strategic highway may not be
delegated to any company or person but must remain the sole prerogative
of the Secretary of State.”

After Clause 6

LORD WHITTY

LORD JUDD

40

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 National Assembly for Wales and
the Scottish Government.”

Clause 8

LORD WHITTY

41

Page 5, line 24, at end insert—

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

LORD BERKELEY

LORD JUDD

42

Page 5, line 25, leave out subsections (1) and (2) and insert—

“(1)     In all Acts and secondary legislation the Passengers’ Council is renamed
the “Transport Infrastructure and Services Council”.

(2)     In this section “relevant activities” mean, in relation to specific highways,
activities to—

(a)   protect and promote the interests of users of such highways,

(b)   protect and promote the interests of communities impacted upon
by such highways, and

(c)   promote the need to reduce impacts of such highways on the
natural and historic environment.

(2A)    In this section, consideration of users of highways shall include
consideration of—

(a)   potential users, who, in the absence of safe infrastructure or
convenient services, do not currently use or cross over such
highways,

(b)   the potential for modal shift to more sustainable modes of
transport, and

(c)   the potential to reduce the need to travel, including by making
more efficient use of vehicles, such as through better logistics, and
through better land use and travel planning along such highways.

(2B)    The Transport Infrastructure and Services Council must carry out relevant
activities in relation to highways for which a strategic highways company
is the highway authority.

(2C)    Those activities may include investigating, publishing reports or giving
advice to the Secretary of State on—

(a)   how a strategic highways company’s exercise of its functions or
achievement of its objectives under a Road Investment Strategy is
relevant to the interests listed in subsection (2A),

(b)   any other matters which the Council considers to be of use in
relation to relevant activities.”

LORD WHITTY

43

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

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

44

Page 5, line 26, leave out from “users” to end of line 27 and insert “, or potential
users of highways for which a strategic highways company is the highway
authority, including cyclists and pedestrians”

LORD WHITTY

45

Page 5, line 27, at end insert—

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

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

LORD JUDD

46

Page 5, line 32, after “authority” insert—

“( )   how the strategic highways company’s exercise of its functions or
achievement of its objectives affects communities located near the
highways for which it is the highway authority,”

LORD WHITTY

47

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.”

48

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

LORD BERKELEY

49

Page 6, line 2, leave out from beginning to “highways” and insert “relevant
activities in relation to”

50

Page 6, line 8, leave out “interest to users” and insert “use regarding relevant
activities”

51

Page 6, line 9, at end insert—

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

52

Page 6, line 12, at end insert—

“Network Rail.”

52A

Page 6, line 12, at end insert—

“The strategic highways companies.”

Clause 9

LORD WHITTY

53

Page 6, line 20, at end insert—

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

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

LORD JUDD

LORD BERKELEY

54

Page 6, line 20, at end insert—

“(c)   the degree to which the strategic highways company has assisted
people to make the fullest possible use of sustainable means of
transport, including by—

(i)   widening travel choice,

(ii)   helping unlock development in locations that are
sustainable or assisting in making them sustainable, and

(iii)   making more efficient use of vehicles by increasing average
occupancy and loading rates.

( )     In considering the cost of the Road Investment Strategy, the Office shall
include consideration of as many costs and benefits as feasible, including
items for which the market does not provide a satisfactory measure of
economic value.”

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

55

Page 6, line 26, leave out subsection (5)

LORD BERKELEY

56

Page 6, line 34, at end insert—

“( )     The Office 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.”

57

Page 6, line 34, at end insert—

“( )     Within two years of this section coming into effect, the Office 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

58

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

59

Page 7, line 11, at end insert—

“( )     Where 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

60

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

61

Page 9, line 11, at end insert—

“(c)   road safety”

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

61A*

Page 9, line 25, leave out from “repeal” to end of line 26 and insert “or revoke any
enactment”

Clause 14

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

61B*

Page 9, line 33, leave out from “repeal” to end of line 34 and insert “or revoke any
enactment”

After Clause 14

LORD WHITTY

LORD JUDD

62

Insert the following new Clause—

“Parliamentary oversight of highways strategy

(1)     No provision under this Part shall come into force until it has been reported
on by a Joint Committee of the House of Commons and the House of Lords
and that report has been endorsed 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.”

After Clause 15

LORD FAULKNER OF WORCESTER

LORD BRADSHAW

63

Insert the following new Clause—

“Powers of the British Transport Police to protect transport infrastructure

(1)     In section 100 of the Anti-terrorism, Crime and Security Act 2001
(jurisdiction of transport police)—

(a)   at the end of subsection (2)(b) insert “or to prevent damage to
property”; and

(b)   omit subsection (3).

(2)     In section 172(2) of the Road Traffic Act 1988 (duty to give information as
to the identity of driver etc in certain circumstances), in relation to an
offence involving a railway crossing, “chief officer of police” includes the
Chief Officer of the British Transport Police.”

LORD BRADSHAW

64

Insert the following new Clause—

“Review of the road network

(1)     Within six months of the passing of this Act, the Secretary of State must
commission a body to review the funding and condition of the road
network (“the review body”).

(2)     The Secretary of State must instruct the review body to consider the
following four matters—

(a)   whether the heaviest users of the road network, in terms of wear
and tear on the roads, congestion and pollution, should contribute
a higher proportion than at present of the funding of the road
network; and, if so, how;

(b)   whether the methodology for calculating the axle weights of
vehicles, as used in calculating rates of vehicle taxation, should be
changed;

(c)   whether organisations which undertake street works, including
statutory undertakers, make an appropriate financial contribution
to the remaking of the road surface on completion of the street
works, and any necessary remedial work if that remaking is sub-
standard; and if not, how the organisations could make an
appropriate financial contribution; and

(d)   whether the part of the road network not under the control of the
Highways Agency is in a satisfactory condition; and, if it is not, how
it should be brought up to a satisfactory condition.

(3)     The review body shall report to the Secretary of State and to Parliament
within 18 months of the passing of this Act.”

Clause 16

BARONESS PARMINTER

LORD TEVERSON

64A

Page 10, line 29, after “9” insert “, excluding indigenous species”

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

65

Page 10, line 31, after first “in” insert “and has never been resident in”

BARONESS PARMINTER

LORD TEVERSON

65A

Page 10, line 31, after “to” insert “, and has never been indigenous to,”

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

66

Page 11, line 25, at end insert—

“( )     The Secretary of State must publish an annual assessment of species
control operations.”

67

Page 11, line 25, at end insert—

“( )     The Secretary of State must ensure that an environmental authority
has the capacity to carry out species control operations.”

68

Page 12, leave out lines 1 to 3

BARONESS KRAMER

69

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.”

70

Page 14, leave out line 12 and insert—

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

LORD BERKELEY

71

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.”

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

72

Page 16, leave out lines 5 and 6

73

Page 17, line 32, leave out from “19” to “must” in line 33

74

Page 18, line 17, at end insert—

“( )   the standards of animal welfare required when carrying out
species control agreements and orders.”

75

Page 18, line 21, at end insert “and the Environmental Audit Committee of the
House of Commons”

76

Page 18, line 21, at end insert “and local authorities”

77

Page 18, line 21, at end insert “and local nature partnerships”

78

Page 18, line 39, at end insert—

“( )   the standards of animal welfare required when carrying out
species control agreements and orders.”

79

Page 18, line 43, at end insert “and local authorities”

Clause 20

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

80

Page 21, line 11, at end insert “and has reasonable grounds when applying for
believing that the condition has been satisfied”

81

Page 21, line 16, at end insert—

“( )   the Secretary of State is satisfied that there are no adverse
consequences for the community in deeming the condition
to be discharged.”

82

Page 21, leave out lines 25 and 26

83

Page 21, line 39, at end insert—

“( )   in circumstances where the failure of the authority to give
notice within the requisite time is attributable in whole or in
part to the actions or inactions of others including statutory
consultees and the applicant;”

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

LORD WHITTY

 


The above-named Lords give notice of their intention to oppose the Question that Clause 20
stand part of the Bill.

Clause 21

LORD TOPE

LORD BEST

LORD JENKIN OF RODING

84

Page 22, line 21, at end insert “or GLA

85

Page 22, line 23, after “HCA” insert “or GLA”

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

86

Page 22, line 24, at end insert—

“( )     No property may be transferred to the HCA under any such scheme
unless it has been classified as surplus.”

87

Page 22, line 24, at end insert—

“( )     No property may be transferred to the HCA under any such scheme
without the consent of the government department or agency
which owns it or is the sponsoring department of the specified
public body.”

88

Page 22, line 24, at end insert—

“( )     No part of the Public Forest Estate may be transferred to the HCA.”

BARONESS ROYALL OF BLAISDON

LORD MCKENZIE OF LUTON

LORD JUDD

89

Page 23, line 3, at end insert—

“(8)     This section and section 53B do not have effect in relation to
property, rights or liabilities comprising the whole or any part of
the Public Forest Estate.

(9)     The Public Forest Estate comprises all the land, property, rights and
liabilities acquired by the Minister under section 39 of the Forestry
Act 1967 including all such land not needed, or not used, for the
purpose of afforestation or any purpose connected with forestry.”

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

LORD JUDD

90

Page 24, line 4, leave out paragraphs (a) and (b) and insert “after subsection (7)
insert—

“(7A)    An instrument containing (whether alone or with other
provisions) regulations under section 53A(2) may not be
made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.

(7B)    An instrument containing (whether alone or with other
provisions) regulations under section 53B may not be made
unless a draft of the instrument has been laid before and
approved by a resolution of the House of Commons.””

After Clause 21

LORD WHITTY

LORD JUDD

91

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)     Subsection (2) above may be varied by decision of the Secretary of State,
subject to parliamentary approval.”

Clause 23

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

 


The above-named Lords give notice of their intention to oppose the Question that Clause 23
stand part of the Bill.

Schedule 4

BARONESS KRAMER

92

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

93

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.”

Clause 24

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

 


The above-named Lords give notice of their intention to oppose the Question that Clause 24
stand part of the Bill.

Before Clause 26

LORD WHITTY

LORD JUDD

94

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

95

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 28

LORD DAVIES OF OLDHAM

LORD MCKENZIE OF LUTON

95A*

Page 28, line 24, leave out from “repeal” to end of line 25 and insert “or revoke any
enactment”

After Clause 28

LORD BERKELEY

LORD BRADSHAW

96

Insert the following new Clause—

“PART 4A

LEVEL CROSSINGS

Level crossing bill

Within 12 months of the day on which this Act is passed, Her Majesty’s
Government shall introduce into Parliament a bill to give effect to the
recommendations of the Law Commission and the Scottish Law
Commission on level crossings (Cm 8711), and which is substantially based
on the draft Level Crossings Bill prepared by the Law Commission and the
Scottish Law Commission.”

Clause 30

BARONESS KRAMER

97

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

98

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

99

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

LORD BERKELEY

100

Line 10, after “facilities;” insert “to make provision about level crossings;”

Prepared 5th July 2014