Infrastructure Bill [HL]

Amendments
to be moved
on report

Clause 3

BARONESS KRAMER

 

Page 3, line 12, at end insert—

“(4A)    In setting or varying a Road Investment Strategy, the Secretary of State
must have regard, in particular, to the effect of the Strategy on—

(a)   the environment, and

(b)   the safety of users of highways.”

Clause 5

BARONESS KRAMER

 

Leave out Clause 5

After Clause 9

BARONESS KRAMER

 

Insert the following new Clause—

“Monitor: compliance and fines

(1)     If the Office of Rail Regulation is satisfied that a strategic highways
company has contravened or is contravening—

(a)   section 3(5) (compliance with the Road Investment Strategy), or

(b)   section 4(3) (compliance with directions and regard to guidance),

the Office may take one or more of the steps mentioned in subsection (2).

(2)     The Office may—

(a)   give notice to the company as to the contravention and the steps the
company must take in order to remedy it;

(b)   require the company to pay a fine to the Secretary of State.”

 

Insert the following new Clause—

“Monitor: general duties

(1)     The Office of Rail Regulation must exercise its functions under sections 9
and (Monitor: compliance and fines) in the way that it considers most likely
to promote—

(a)   the performance, and

(b)   the efficiency,

of the strategic highways company.

(2)     The Office must also, in exercising those functions, have regard to—

(a)   the interests of users of highways,

(b)   the safety of users of highways,

(c)   the economic impact of the way in which the strategic highways
company achieves its objectives,

(d)   the environmental impact of the way in which the strategic
highways company achieves its objectives,

(e)   the long-term maintenance and management of highways, and

(f)   the principles in subsection (3).

(3)     The principles are that—

(a)   regulatory activities should be carried out in a way which is
transparent, accountable, proportionate and consistent, and

(b)   regulatory activities should be targeted only at cases in which
action is needed.”

 

Insert the following new Clause—

“Monitor: guidance

(1)     The Secretary of State may from time to time give the Office of Rail
Regulation guidance as to the manner in which it is to carry out its activities
under section 9.

(2)     The Secretary of State and the Treasury, acting jointly, must give the Office
guidance as to the circumstances in which the payment of a fine under
section (Monitor: compliance and fines) should be required.

(3)     The Office must have regard to guidance given to it under this section.

(4)     Guidance under this section must be published by the Secretary of State in
such manner as he or she considers appropriate.”

Clause 15

BARONESS KRAMER

 

Page 10, line 6, at end insert—

““users of highways” includes cyclists and pedestrians.”

After Clause 15

BARONESS KRAMER

 

Insert the following new Clause—

“PART 1A

POWERS OF BRITISH TRANSPORT POLICE FORCE

Powers of British Transport Police Force

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

(a)   in subsection (2)(b), after “personal injury” insert “or damage to
property”, and

(b)   omit subsection (3)(a).

(2)     In section 172 of the Road Traffic Act 1988 (duty to give information as to
identity of driver etc in certain circumstances), in subsection (2)(a), after
“chief officer of police” insert “or the Chief Constable of the British
Transport Police Force”.”

After Clause 16

BARONESS KRAMER

 

Insert the following new Clause—

“Native and non-native species etc


In the heading to Part 1, at the beginning insert “Non-native”.

(1)     Schedule 9 to the Wildlife and Countryside Act 1981 (animals and plants to
which section 14 of that Act applies) is amended as follows.

(2)     In Part 1, omit the entries relating to the wild boar, capercaillie, chough,
corncrake, common crane, white-tailed eagle, goshawk, red kite and barn
owl.

(3)     After Part 1 insert—

“PART IA

NATIVE ANIMALS

 
Common name

Scientific name
 
Capercaillie

Tetrao urogallus
 
Chough

Pyrrhocorax pyrrhocorax
 
Corncrake

Crex crex
 
Crane, Common

Grus grus
 
Eagle, White-tailed

Haliaetus albicilla
 
Goshawk

Accipiter gentilis
 
Kite, Red

Milvus milvus
 
Owl, Barn

Tyto alba”.

(4)     After Part 1A (as inserted by subsection (4) above) insert—

“PART IB

ANIMALS NO LONGER NORMALLY PRESENT

 
Common name

Scientific name
 
Boar, Wild

Sus Scrofa.””

Clause 40

BARONESS KRAMER

 

Page 42, line 37, at end insert—

“(1A)    In Part 1A (powers of British Transport Police Force)—

(a)   section (Powers of British Transport Police Force)(1) extends to
England and Wales only, and

(b)   section (Powers of British Transport Police Force)(2) extends to
England and Wales and Scotland.”

Clause 41

BARONESS KRAMER

 

Page 43, line 14, at end insert—

“(1A)    Part 1A (powers of British Transport Police Force) comes into force at the
end of the period of two months beginning with the day on which this Act
is passed.”

Schedule 1

BARONESS KRAMER

 

Page 59, line 17, at end insert—

“Parliamentary Commissioner Act 1967 (c. 13)

67A          In Schedule 2 to the Parliamentary Commissioner Act 1967, at the
appropriate place insert “A strategic highways company for the time
being appointed under Part 1 of the Infrastructure Act 2014.””

 

Page 64, line 34, at end insert—

“Transport Act 1985 (c. 67)

98A          In section 112G of the Transport Act 1985 (representations following an
investigation by the Passengers’ Council), in subsection (1), for
paragraph (d) substitute—

“(d)   a strategic highways company for the time being
appointed under Part 1 of the Infrastructure Act 2014;”.

Dartford-Thurrock Crossing Act 1988 (c. 20)

98B          In the Dartford-Thurrock Crossing Act 1988, after section 46
(interpretation) insert—

“46A          Appointment of a strategic highways company

(1)     This section applies in any period in which, by virtue of an
appointment under section 1 of the Infrastructure Act 2014, a
strategic highways company is the highway authority for the
highways comprised in the tunnel crossing or the bridge.

(2)     The reference to the Secretary of State in section 12(4) (crossing
operator) is to be read as a reference to the strategic highways
company.

(3)     References to the Secretary of State in the following provisions
are to be read as references to the strategic highways company—

(a)   section 24(1)(a) and (b) (special traffic restrictions);

(b)   section 27(1) and (2) (bicycles);

(c)   section 37 (powers in relation to River Thames);

(d)   section 38 (restriction on works on crossing);

(e)   Schedule 7 (protective provisions), except—

(i)   paragraph 2 of Part 1, and

(ii)   paragraph 2 of Part 3.””

 

Page 70, line 8, leave out paragraphs 145 and 146

Schedule 2

BARONESS KRAMER

 

Page 72, line 11, at end insert—

“(1A)    The Secretary of State may only publish proposals under sub-paragraph
(1) if satisfied that appropriate consultation has taken place.”

 

Page 72, line 21, at end insert—

“(1A)    The Secretary of State may only publish proposals under sub-paragraph
(1)(b) if satisfied that appropriate consultation has taken place.”

 

Page 72, line 28, leave out “Subject to sub-paragraph (3),”

 

Page 72, line 31, leave out sub-paragraph (3)

Prepared 28th October 2014