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S.C.E.

Amendment Paper as at
Thursday 6th 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.

NEW CLAUSES RELATING TO PART IV

Standards

   

Mr Nick Raynsford

NC37

To move the following Clause:—

    '.—(1) The Secretary of State may by regulations make provision for the setting of standards to be complied with in relation to railway assets, railway vehicles or railway services.

    (2) The regulations may provide—

      (a) for standards to be set (and from time to time varied), or

      (b) for compliance with standards to be monitored,

    by persons specified in, or designated in accordance with, the regulations.

    (3) The regulations may authorise the setting of standards which involve obtaining the approval of any person.

    (4) The regulations may authorise the charging of fees in respect of—

      (a) the monitoring of compliance with standards, or

      (b) the seeking of approvals in connection with standards.

    (5) The regulations may impose requirements to provide information on persons who—

      (a) are required to comply with standards, or

      (b) set, or monitor compliance with, standards,

    and prohibit the giving of false information.

    (6) The regulations may create criminal offences in respect of failures to comply with requirements imposed by the regulations punishable on summary conviction with fines not exceeding—

      (a) level 5 on the standard scale, or

      (b) such lower amount as may be prescribed.

    (7) The regulations may make different provision for different cases and may (in particular) include provision—

      (a) authorising conditional or unconditional dispensation from requirements imposed by the regulations which would otherwise apply, or

      (b) requiring compliance with requirements so imposed which would not otherwise apply,

    in particular cases or descriptions of case.

    (8) The regulations may include such incidental, consequential, supplementary or transitional provisions or savings as the Secretary of State may consider appropriate, including (in particular) provision modifying any provision made by or under any other enactment.

    (9) The regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.

Accessible integrated transport

   

Mr Geraint Davies
Mr Lawrie Quinn
Ms Linda Perham

NC30

To move the following Clause:—

    '.—After section 70 of the Railways Act 1993 (code of practice for protection of interest of rail users who are disabled) insert the following section—

"Facilities at stations for accessible taxis.70A.—(1) It shall be the duty of the operator of a station, so far as it is practicable for him to do so, to provide facilities for accessible taxis to ply for hire, pick up and set down passengers at that station.

    (2) The facilities which an operator provides in accordance with subsection (1) shall, in particular, enable disabled passengers to transfer between trains and accessible taxis in safety and reasonable comfort and, in the case of disabled passengers in wheelchairs, to do so while remaining in their wheelchairs.

    (3) Where an operator fails to provide facilities in accordance with subsection (1) the Regulator may give a direction under section 16A requiring the operator to provide such facilities and the Regulator may do so without the need to comply with the requirements of subsection (5) of that section.

    (4) In this section—

    'accessible taxi' means a taxi which conforms to or is exempt from taxi accessibility regulations made under section 32 of the Disability Discrimination Act 1995;

    'taxi' means a vehicle licensed under—

      (a) section 37 of the Town Police Clauses Act 1847,

      (b) section 6 of the Metropolitan Public Carriage Act 1869, or

      (c) section 10 of the Civic Government (Scotland) Act 1982.".'.

Powers to acquire and maintain property

   

Mr Lawrie Quinn

NC31

To move the following Clause:—

    '.—The Authority may, in the furtherance of its purposes and functions, acquire, maintain or develop property which it considers may be required to implement its strategies.'.

Powers for the disclosure of information

   

Mr Lawrie Quinn

NC32

To move the following Clause:—

    '.—The Authority shall have the powers to require disclosure of information which it may reasonably require for the exercise of its functions from any organisation operating in the rail industry.'.

Rail Freight Users' Consultative Committee

   

Mr Lawrie Quinn

NC33

To move the following Clause:—

    '.—(1) A Rail Freight Users' Consultative Committee shall be established to represent the interests of the customers and rail freight.

    (2) It shall be the duty of the Rail Freight Users' Consultative Committee, so far as it appears expedient from time to time—

      (a) to keep under review matters affecting the interests of the rail freight customers of the railway in relation to freight services and infrastructure;

      (b) to make representations to, and consult, such persons as they think appropriate about these matters;

      (c) to co-operate with other bodies representing the interests of other users of the rail system and services.

    (3) The Authority shall have a duty to consult with the Rail Freight Users' Consultative Committee on all matters relating to rail freight.

    (4) The Rail Freight Users' Consultative Committee shall be recognised as a statutory consultee in respect of—

      (a) proposals for closure of passenger services (whether major or minor);

      (b) proposals for closure of any infrastructure;

      (c) network change procedures;

      (d) all documentation circulated for consultation by the Rail Regulator; and

      (e) reasonable requirements of operators.

    (5) The Rail Users' Consultative Committee shall consist of—

      (a) a chairman appointed by the Secretary of State after consultation with the Authority;

      (b) such members, being not less than 10 nor more than 20 in number, as the Authority may from time to time appoint, after consultation with the Secretary of State and the Chairman, having regard to the variety of interests involved in the carriage of goods by rail.

    (6) The Authority shall provide reasonable accommodation and a secretariat to enable the Committee to perform its duties, together with funds for reasonable travel and expenses of the Committee members.'.

   

Mr Nick Raynsford

700

Clause     226,     page     129,     line     24,     leave out 'Part II (and the repeals relating to that Part)' and insert 'Parts II and III (and the repeals relating to Part II)'.

   

Mr Nick Raynsford

437

Clause     226,     page     129,     line     25,     leave out subsection (3).

   

Mr Nick Raynsford

438

Clause     226,     page     129,     line     27,     leave out subsection (4).

   

Mr Nick Raynsford

701

Clause     227,     page     129,     line     36,     at end insert—

    '(2) The power conferred by subsection (1) is exercisable as respects Wales by the National Assembly for Wales (and not the Secretary of State) in relation to Parts II and III (and the repeals relating to Part II).'.

   

Mr Nick Raynsford

702

Clause     228,     page     130,     line     5,     at end insert—

    '( ) The power conferred by subsection (1) is exercisable as respects Wales by the National Assembly for Wales (and not the Secretary of State) in relation to Parts II and III and any instruments made under them.'.

   

Mr Nick Raynsford

703

Clause     228,     page     130,     line     6,     after '(1)' insert 'by the Secretary of State'.

   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

983

Page     129,     line     37,     leave out Clause 228.

   

Mr Nick Raynsford

593

Clause     230,     page     130,     line     30,     after 'III' insert ', and the repeals relating to those Parts,'.

   

Mr Nick Raynsford

1030

Clause     230,     page     130,     line     31,     leave out 'to subsection (3)' and insert 'as follows'.

 
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