Infrastructure Bill [HL]

marshalled
list of Amendments
to be moved
on third reading

[Amendments marked * are new or have been altered]

After Clause 3

BARONESS KRAMER

1

Insert the following new Clause—

“General duties of a strategic highways company

(1)     A strategic highways company must, in exercising its functions, co-operate
in so far as reasonably practicable with other persons exercising functions
which relate to—

(a)   highways, or

(b)   planning.

(2)     A strategic highways company must also, in exercising its functions, have
regard to the effect of the exercise of those functions on—

(a)   the environment, and

(b)   the safety of users of highways.”

Clause 26

BARONESS KRAMER

2

Page 26, line 32, leave out “and” and insert “to”

3

Page 26, line 44, at end insert—

“(4A)    The Secretary of State may not make a scheme under this section
unless the specified public body to which the scheme relates has
consented to its provisions.”

4

Page 26, line 44, at end insert—

“(4B)    A scheme under this section may not make provision in relation to
land which is held by the Secretary of State and was acquired, or is
treated as having been acquired, under section 39 of the Forestry
Act 1967 (power to acquire land which is suitable for afforestation
6or purposes connected with forestry).”

BARONESS ROYALL OF BLAISDON

[Amendment 5 is an amendment to Amendment 4]

5


Line 6, at end insert “including all such land not needed, or not used, for the
purpose of afforestation or any purpose connected with forestry”

BARONESS KRAMER

6

Page 28, line 13, at end insert—

“(2A)    In section 51 (property etc transfers) after subsection (3) insert—

“(3A)    A scheme under this section may not make provision in relation to
land which is held by the Secretary of State and was acquired, or is
treated as having been acquired, under section 39 of the Forestry
Act 1967 (power to acquire land which is suitable for afforestation
7or purposes connected with forestry).””

BARONESS ROYALL OF BLAISDON

[Amendment 7 is an amendment to Amendment 6]

7


Line 7, at end insert “including all such land not needed, or not used, for the
purpose of afforestation or any purpose connected with forestry”

BARONESS KRAMER

8

Page 28, line 23, leave out “and” and insert “to”

9

Page 28, line 37, at end insert—

“(3A)    The Secretary of State may not make a scheme under this section
unless the specified public body to which the scheme relates has
consented to its provisions.”

10

Page 28, line 37, at end insert—

“(3B)    A scheme under this section may not make provision in relation to
land which is held by the Secretary of State and was acquired, or is
treated as having been acquired, under section 39 of the Forestry
Act 1967 (power to acquire land which is suitable for afforestation
6or purposes connected with forestry).”

BARONESS ROYALL OF BLAISDON

[Amendment 11 is an amendment to Amendment 10]

11


Line 6, at end insert “including all such land not needed, or not used, for the
purpose of afforestation or any purpose connected with forestry”

BARONESS KRAMER

12

Page 31, line 15, at end insert—

“(5A)    In section 408 (transfers of property, rights or liabilities to the Greater
London Authority etc) after subsection (8) insert—

“(8A)    An order under subsection (1) above may not make provision in
relation to land which is held by the Secretary of State and was
acquired, or is treated as having been acquired, under section 39 of
the Forestry Act 1967 (power to acquire land which is suitable for
8afforestation or purposes connected with forestry).”

(5B)    In section 409 (transfer schemes for transfers to the Greater London
Authority etc) after subsection (8) insert—

“(8A)    A scheme under subsection (1) or (2) above may not make provision
in relation to land which is held by the Secretary of State and was
acquired, or is treated as having been acquired, under section 39 of
the Forestry Act 1967 (power to acquire land which is suitable for
15afforestation or purposes connected with forestry).””

BARONESS ROYALL OF BLAISDON

[Amendments 13 and 14 are amendments to Amendment 12]

13


Line 8, at end insert “including all such land not needed, or not used, for the
purpose of afforestation or any purpose connected with forestry”

14


Line 15, at end insert “including all such land not needed, or not used, for the
purpose of afforestation or any purpose connected with forestry”

Clause 38

BARONESS KRAMER

15

Page 45, line 10, at end insert—

“(4A)    A person (“L”) who owns land (the “relevant land”) is not liable, as the
owner of that land, in tort or delict for any loss or damage which is
attributable to the exercise, or proposed exercise, of the right of use by
another person (whether in relation to the relevant land or any other land).

(4B)    For that purpose, loss or damage is not attributable to the exercise, or
proposed exercise, of the right of use (in particular) if, or to the extent that,
the loss or damage is attributable to a deliberate omission by L.

(4C)    There is a “deliberate omission by L” if L, as owner of the relevant land,
decides—

(a)   not to do an act, or

(b)   not to allow another person to do an act,

and the circumstances at the time of that decision were such that L would
not have had to bear any of the costs incurred (whether by L or any other
person) in doing or allowing the act.”

Clause 45

BARONESS KRAMER

16

Page 51, line 5, at end insert—

“(1A)    A statutory instrument which contains an order under section 1—

(a)   appointing a strategic highways company for an area other than the
whole of England, and

(b)   which is the first exercise of the power in respect of such an area,

may not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.

(1B)    A statutory instrument which contains an order under section 1—

(a)   appointing a strategic highways company for an area other than the
whole of England, and

(b)   which is a subsequent exercise of the power in respect of such an
area,

is subject to annulment in pursuance of a resolution of either House of
Parliament.”

Prepared 19th November 2014