S.C.E.
Amendment Paper as at
Tuesday 4th April 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 Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
920
Clause 193, page 108, line 22, leave out 'or otherwise dealt with'.
Mr Lawrie Quinn
Dr Gavin Strang
853
Clause 193, page 108, line 27, at end insert 'in furtherance of its purpose and strategies.'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
921
Clause 193, page 108, line 28, leave out subsection (3) and insert—
'(3) Before making application under the provisions of Schedule 19 for the confirmation of any such bye laws, the Authority will consult the operators of the railway assets in question, the Health and Safety Executive, the Railway Inspectorate and such organisations representing the users of the railway assets in question as are appropriate.'.
Mr Don Foster
Mr Michael Moore
804
Clause 193, page 108, line 34, leave out subsection (4) and insert—
'(4) Provided that before disposing of any land the Authority shall, in consultation with the local transport authority and other interested parties, consider what potential for rail or other sustainable transport related uses such land might offer, and protect the land accordingly.'.
Mr Lawrie Quinn
854
Clause 193, page 108, line 34, leave out subsection (4) and insert—
'(4) In exercising its functions under subsections (2) and (3), the Authority shall use its best endeavours to identify land in its ownership or in the ownership of the Board which may be required for exercising its functions under section 182(2) and (3). In identifying land and in particular prior to disposal of any land it shall consult—
(a) relevant local planning authorities;
(b) relevant local transport authorities;
(c) relevant regional development agencies;
(d) relevant regional planning bodies;
(e) relevant rail passengers committees;
(f) bodies representing the interests of rail freight users;
(g) the National Assembly for Wales for sites in or affecting Wales;
(h) the Scottish National Parliament for sites in or affecting Scotland;
(i) the Greater London Authority for sites in or affecting the Greater London area.
(5) If as a result of consultation under subsection (4) a potential transport interest is identified in any land which the Authority might otherwise dispose of under subsections (2) and (3), the Authority shall retain and manage that land or shall dispose of it only subject to the potential transport interest being, in its view, fully safeguarded.
(6) Where a holder of a licence to operate railway assets under section 8 of the Railways Act 1993 wishes to dispose of land in its ownership which has been used for railway purposes in the period since 1st January 1994, the licence holder shall first offer the land to the Authority which shall use the procedures and consultation under subsection (4) to identify any potential transport interest in that land.
(7) Where under subsection (6) the Authority identifies a potential transport interest in land to be disposed of by a licence holder the Authority shall have the right of first refusal to purchase that land at a valuation to be agreed but reflecting the use of the land for transport purposes.'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
930
Schedule 18, page 220, line 17, leave out 'may' and insert 'shall where necessary or appropriate for the proper exercise by the Authority of its powers and performance of its functions in accordance with its strategies'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
931
Schedule 18, page 220, line 32, leave out 'may' and insert 'shall'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
932
Schedule 18, page 220, line 37, 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
933
Schedule 18, page 220, line 46, 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
934
Schedule 18, page 221, line 6, after 'property', insert ', right or liability'.
Mr Nick Raynsford
826
Schedule 18, page 221, line 27, leave out 'instruments, contracts' and insert 'documents'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
935
Schedule 18, page 221, line 28, at end insert—
'11A. 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
936
Schedule 18, page 222, line 13, after 'so', insert 'and the Authority agrees'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
937
Schedule 18, page 222, line 16, at end insert ', provided that such modifi-cations 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
938
Schedule 18, page 222, line 21, at end insert 'and the Authority agrees.'.
Mr Geraint Davies
849
Clause 194, page 109, line 8, leave out paragraph (f) and insert—
'(f) for regulating the passage of bicycles and other vehicles and pedestrians on—
(i) premises intended for the use of vehicular traffic whether moving, stationary or parked; and
(ii) footways and premises intended for the use of those on foot.'.
Mr Nick Raynsford
1015
Clause 194, page 109, line 9, leave out second 'and'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
939
Schedule 19, page 223, line 6, at end insert 'and such organisations represent-ative of rail passengers and others likely to be affected by such bye-laws as may be appropriate.'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
940
Schedule 19, page 223, line 8, leave out from 'in' to second 'a' and insert 'the manner best designed to bring it to the attention of those likely to be affected by it'.
Mr Nick Raynsford
827
Schedule 19, page 223, line 19, leave out 'each of the main railway stations' and insert 'such of the stations designated for the purposes of this Schedule by the Authority as are'.
Mr Nick Raynsford
828
Schedule 19, page 223, line 33, leave out 'each of the main railway stations' and insert 'such of the stations designated for the purposes of this Schedule by the Authority as are'.
Mr Nick Raynsford
829
Schedule 19, page 224, line 4, at beginning insert—
'( ) Before designating a station for the purposes of this Schedule the Authority shall consult the operator of the station and the operators of trains which stop at the station.'.
