Amendments proposed to the Transport Bill - continued House of Commons

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Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

944

Schedule     20,     page     225,     line     21,     at end insert 'and the transferee agrees.'.

   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

945

Schedule     20,     page     225,     line     31,     after 'property', insert 'right or liability'.

   

Mr Nick Raynsford

831

Schedule     20,     page     226,     line     4,     leave out 'instruments, contracts' and insert 'documents'.

   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

946

Schedule     20,     page     226,     line     5,     at end insert—

    '13. The transferor shall indemnify the transferee in respect of any liability of the transferor arising out of anything done by or in relation to the transferor in connection with anything transferred by a transfer scheme, unless a corresponding right which provides sufficient funding to cover such liability has been transferred by that transfer scheme.'.

   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

947

Schedule     20,     page     226,     line     19,     at end insert ', provided that nothing contained in this paragraph shall oblige such person to disclose information that is price sensitive or otherwise of a confidential nature.'.


   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

948

Clause     197,     page     109,     line     22,     leave out from 'may' to end and insert ', if it considers it'.

   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

949

Clause     197,     page     109,     line     25,     leave out 'functions' and insert 'powers'.

   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

950

Clause     197,     page     109,     leave out line 26.


   

Mr Nick Raynsford

991

*Clause     198,     page     110,     line     27,     leave out from 'before' to end of line 33 on page 111 and insert 'the Regulator decides whether to give the direction).'.

   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

951

Clause     198,     page     110,     line     29,     after 'him', insert ', the relevant Rail Passenger Committee and the Authority (if not the applicant)'.

   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

952

Clause     198,     page     110,     line     35,     at end insert 'and will not suffer any disproportionate disadvantage in any respect.'

   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

953

Clause     198,     page     111,     line     17,     at end insert 'and

      (c) if the person to whom it was given has received at the time of such variation or revocation an adequate reward from the operation of such direction or, if not, such person agrees to such variation or revocation;'.

   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

954

Clause     198,     page     111,     line     34,     leave out from beginning to end of line 14 on page 112.

   

Mr Nick Raynsford

992

*Clause     198,     page     112,     line     14,     at end insert—

'Making of applications for directions.16C.—(1) An application for a direction under section 16A above must be made to the Regulator in writing.

    (2) The application must—

      (a) specify the person to whom the direction would be given;

      (b) state what it would require him to do; and

      (c) give the applicant's reasons for considering that person to be an appropriate person to do what the direction would require him to do.

    (3) The applicant may at any time vary what the direction would require that person to do by giving to the Regulator notice in writing of the variation; but if the applicant is a person other than the Authority such a notice may only be given with the consent of the Authority.

    (4) The application or notice of a variation may be accompanied by any written representations which the applicant wishes to make in relation to the direction.

Procedure for considering applications.16D.—(1) When the Regulator has received the application or notice of a variation, he must—

      (a) send a copy to the person specified in the application, the Authority (if it is not the applicant) and any other persons who the Regulator considers ought to be sent one; and

      (b) invite them to make written representations within a period specified in the invitation.

    (2) If the person specified in the application makes representations that he is not an appropriate person to do what the direction would require him to do, the Regulator must decide that issue in advance of considering any other matters which may be relevant in deciding whether to give the direction.

    (3) If that person makes such representations but the Regulator decides that he is an appropriate person to do what the direction would require him to do, the Regulator must—

      (a) notify him of that decision; and

      (b) invite him to make written representations within a period specified in the invitation about any other matters which may be relevant in deciding whether to give the direction.

    (4) The Regulator must—

      (a) send the applicant a copy of any representations received by him in response to any invitation under subsection (1) or (3) above; and

      (b) invite him to make further written representations within a period specified in the invitation.

    (5) Subject to subsection (6) below, the Regulator may substitute as the applicant any other person if—

      (a) the applicant,

      (b) the other person, and

      (c) the Authority (if it is neither the applicant nor the other person),

    consent to the substitution.

    (6) The applicant may, by giving notice in writing to the Regulator, withdraw or suspend the application at any time before the Regulator decides whether to give the direction.

    (7) The Regulator may direct—

      (a) the person specified in the application,

      (b) the applicant, or

      (c) any other person (apart from the Authority),

    to provide him with any information required by him in order to decide whether to give the direction.

    (8) If a person fails to comply with a direction under subsection (7) above, the High Court or the Court of Session may, on the application of the Regulator, make such order as it thinks fit for requiring the failure to be made good.

    (9) Such an order may provide that all the costs or expenses of and incidental to the application shall be borne by—

      (a) the person who failed to comply; or

      (b) in the case of a company or other association, any officers who are responsible for the failure to comply.

Decisions on applications: adequate reward.16E.—(1) The Regulator may only give a direction to a person under section 16A above to provide, improve or develop a railway facility if he is satisfied that the person will be adequately rewarded for providing, improving or developing the railway facility in accordance with the direction.

    (2) In considering whether he is so satisfied the Regulator shall take into account (in particular)—

      (a) any receipts obtained or likely to be obtained by the person (from the Authority, passengers, operators of railway services or any other persons) in connection with, or as a result of, the provision, improvement or development of the railway facility; and

      (b) any other benefit obtained or likely to be obtained by him in consequence of its provision, improvement or development.

    (3) Representations made by the applicant for a direction—

      (a) under section 16C(4) above, or

      (b) in response to an invitation under section 16D(4) above,

    may, in particular, include representations as to matters which he considers the Regulator should take into account in deciding whether the person to whom the direction would be given would be adequately rewarded for doing what it would require him to do.

Other provisions about decisions.16F.—(1) If the Regulator does not consider it right to give a direction under section 16A above in the terms applied for (or to reject the application), he may give a direction under that section in modified terms.

    (2) The Regulator may include supplementary provisions in any direction under section 16A above, including (in particular)—

      (a) provision adding detail (for instance, as to the time by which, or standard to which, the person to whom it is given is to do anything which it requires him to do); and

      (b) provision imposing requirements on the applicant (for instance, to make arrangements for rewarding the person to whom the direction is given or to make payments to him).

    (3) Before giving a direction under section 16A above which is in modified terms or includes supplementary provisions, the Regulator shall—

      (a) notify his intention to give a direction to the applicant, the Authority (if it is not the applicant) and any other persons who the Regulator considers ought to be notified; and

      (b) invite them to make written representations within a period specified in the invitation;

    and if the applicant makes representations that the direction should not be given, the Regulator shall not give it.

    (4) Whatever the Regulator's decision on an application he shall notify the decision to—

      (a) the person specified in the application;

      (b) the applicant; and

      (c) any other persons who he considers ought to be notified.

    (5) The Regulator may direct the person specified in the application or the applicant to pay to—

      (a) the other of those persons, or

      (b) any other person directed to provide information under section 16D(7) above,

    any such amount as he considers appropriate in respect of costs incurred in connection with the application.

Directions: compliance, variation and revocation.16G.—(1) A person shall not be regarded as failing to comply with a direction under section 16A above if he has done everything which it is reasonably practicable to do in order to comply with the direction.

    (2) If a person is unable to comply with such a direction because he does not have the necessary powers or rights (including rights over land), he shall not be taken to have done everything which it is reasonably practicable to do in order to comply with the direction unless he has done everything which it is reasonably practicable to do in order to obtain those powers or rights.

    (3) A direction under section 16A above may only be revoked or varied by the Regulator—

      (a) on the application of the person to whom it was given, the applicant or the Authority (if it was not the applicant); and

      (b) after consultation with the other persons with power to apply for a revocation or variation.

    (4) Such a direction may only be varied if the Regulator is satisfied that the person to whom it was given will be adequately rewarded for providing, improving or developing the railway facility in accordance with the varied direction, taking into account (in particular) the matters specified in section 16E(2) above.

Code of practice.16H.—(1) The Regulator shall prepare, and from time to time revise, a code of practice supplementing sections 16A to 16G above and shall publish it in such manner as he considers appropriate.

    (2) The Regulator shall have regard to the code of practice in the exercise of his functions under those sections.

    (3) The code of practice may (in particular)—

      (a) set out minimum periods to be specified in invitations to make representations;

      (b) include provision about requesting the provision of information prior to giving a direction under section 16D(7) above;

      (c) specify principles according to which directions to pay costs are to be given under section 16F(5) above; and

      (d) make provision about the consultation required by section 16G(3)(b) above.

Supplementary.16I.—(1) References in sections 16A to 16H above and this section to a railway facility include part of a railway facility.

    (2) Nothing in any of those sections or a direction under section 16A above—

      (a) limits any power of the Regulator under any other provision of this Act; or

      (b) affects any obligation to provide a new railway facility, or to improve or develop an existing railway facility, arising otherwise than from such a direction.".'.

 
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Prepared 23 Mar 2000