S.C.E.
NOTICES OF AMENDMENTS
given up to and including
Tuesday 28th March 2000
STANDING COMMITTEE E
TRANSPORT BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [18th January], as follows:—
Clauses 1 to 30; Schedules 1 and 2; Clauses 31 to 33; Schedule 3; Clauses 34 to 36; Schedule 4; Clause 37; Schedule 5; Clauses 38 to 61; Schedule 6; Clause 62; Schedule 7; Clauses 63 to 83; Schedule 8; Clauses 84 to 88; Schedule 9; Clauses 89 to 91; new Clauses relating to Part I; Clauses 92 to 137; Schedule 10; Clause 138; new Clauses relating to Part II; Clauses 139 to 167; Schedule 11; Clauses 168 to 175; Schedule 12; new Clauses relating to Part III; Clauses 176 to 179; Schedule 13; Clauses 180 to 186; Schedule 14; Clauses 187 to 190; Schedule 15; Clause 191; Schedule 16; Clause 192; Schedule 17; Clause 193; Schedule 18; Clause 194; Schedule 19; Clause 195; Schedule 20; Clauses 196 to 202; Schedule 21; Clauses 203 and 204; Schedule 22; Clauses 205 to 213; Schedule 23; Clauses 214 to 221; Schedule 24; Clause 222; Schedule 25; Clause 223; new Clauses relating to Part IV; Clauses 224 to 231; other new Clauses; new Schedules; Schedule 26.
Mr Nick Raynsford
819
Clause 184, page 101, line 23, after 'Act' insert ', or any advice given under section 183(1)(c),'.
Mr Nick Raynsford
820
Clause 184, page 101, line 29, at end insert—
'(3A) The Authority—
(a) shall take note of any advice given under section 183(1)(c), and
(b) in exercising its functions, may have regard to that advice (but subject to subsections (2) and (3)).'.
Mr Nick Raynsford
821
Clause 185, page 101, line 34, leave out 'or (3)' and insert ', (3) or (3A)(a)'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
889
Clause 186, page 101, line 39, after 'may', insert 'subject to implementation of an appropriate tendering process (where practicable)'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
890
Clause 186, page 101, line 40, after 'arrangements', insert 'consistent with the strategies it has adopted'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
28
Clause 186, page 102, line 2, leave out subsection (2).
Mr Nick Raynsford
984
Clause 186, page 102, line 3, leave out third 'or' and insert—
Mr Nick Raynsford
985
Clause 186, page 102, line 4, after 'guarantees,' insert 'or
(c) to invest in bodies corporate,'.
Mr Nick Raynsford
986
Clause 186, page 102, line 6, leave out 'make any grant or other payment or loan, or give any guarantee, to' and insert 'enter into agreements or other arrangements under this section with'.
Mr Nick Raynsford
987
Clause 186, page 102, line 13, leave out 'consequence of any condition or other provision of' and insert 'accordance with the provisions of'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
891
Clause 186, page 102, line 17, after 'Scotland', insert 'or Wales'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
892
Clause 186, page 102, line 22, after 'have', insert 'or the National Assembly of Wales has'.
Mr Lawrie Quinn
852
Clause 186, page 102, line 26, at end insert—
'(5A) The repeal of Sections 139 and 141 of the Railways Act 1993 shall not come into effect until a similar or wider scheme has been brought into effect. The Authority shall consult with the industry on the content of any scheme.'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
893
Schedule 14, page 192, line 9, leave out 'may' and insert 'shall where necessary or appropriate in consequence of sections 137 and 139 of the Railways Act 1993 being superseded by section 186 of this Act and for the proper exercise by the Authority of its powers under section 186'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
894
Schedule 14, page 192, line 12, leave out from 'State' to end of line 13.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
895
Schedule 14, page 192, line 25, leave out 'may' and insert 'shall'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
896
Schedule 14, page 192, line 30, after 'may', insert ', insofar as consistent with the obligations of the Secretary of State under paragraph 1 of this Schedule, and shall, insofar as necessary for the Secretary of State to comply with his obligations under paragraph 1 of this Schedule,'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
897
Schedule 14, page 192, line 39, after 'may', insert ', insofar as consistent with the obligations of the Secretary of State under paragraph 1 of this Schedule, and shall, insofar as necessary for the Secretary of State to comply with his obligations under paragraph 1 of this Schedule,'.
Mr Nick Raynsford
822
Schedule 14, page 193, line 8, leave out 'instruments, contracts' and insert 'documents'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
898
Schedule 14, page 193, line 10, at end insert—
'( ) The Secretary of State shall indemnify the authority in respect of any liability of the authority arising out of anything done by or in relation to the Secretary of State in connection with anything transferred by a transfer scheme, unless full provision for such liability has been made by the Secretary of State in grants made under the provisions of Schedule 13 or 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
899
Schedule 14, page 193, line 21, after 'so', insert 'and the Authority agrees'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
900
Schedule 14, page 193, line 24, at end insert 'provided that such modifications do not interfere with the proper exercise by the Authority of its powers and fulfilment of its obligations under this Act.'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
901
Schedule 14, page 193, line 29, at end insert 'and the Authority agrees.'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
902
Schedule 14, page 193, line 35, at end insert 'and such organisations as are representative of rail freight users as may be appropriate.'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
903
Clause 187, page 102, line 46, at end insert ', having regard to the need to bring such designations, variations or revocations to the attention of those of those likely to be affected by them.'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
904
Clause 187, page 102, line 46, at end insert—
'(2C) The Authority shall not exercise its powers under subsections (2A) and (2B) unless necessary for the purpose of exercising its powers under section 30.'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
907
Clause 187, page 103, line 2, leave out from beginning to end of line 10 on page 106 and insert—
'26A. If the Authority has issued an invitation to tender for the provision of any services under section 26 above but received no tenders in response to the invitation the Authority shall consult with the railway industry to identify the reasons for the lack of any response and, having regard to the results of such consultation, shall issue new invitations to tender, with such changes as are calculated to encourage tenders'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
905
Clause 187, page 103, line 13, leave out from 'above' to end of line 16 and insert 'with such changes as are calculated to encourage tenders'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
906
Clause 187, page 103, leave out lines 17 to 23.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
908
Clause 187, page 105, leave out lines 10 to 12.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
909
Clause 187, page 105, line 30, leave out 'duty' and insert 'power'.
