Vote Bundle Text (900504-15)

Amendments proposed to the Transport Bill, As Amended - continued	House of Commons

back to previous text

Amendments of pension protection provisions

Mr Secretary Prescott

NC18

*To move the following Clause:—

'.—(1) In paragraph 6(2)(a)(ii) of Schedule 11 to the Railways Act 1993 (power to make order providing for pension rights of protected persons to be no less favourable as a result of a transfer of pension rights), after "rights" insert "(whether made between occupational pension schemes or sections of an occupational pension scheme or otherwise)".

(2) The Railway Pensions (Protection and Designation of Schemes) Order 1994 is amended as follows.

(3) In article 6 (transfers etc.), insert at the end—

(4) In article 7(4) (payments on transfers), insert at the end (but not as part of sub-paragraph (b))—

(5) In article 9 (circumstances in which breaks in continuity of employment are disregarded)—

(a) in paragraph (2), omit ", except to the extent specified in paragraph (3)," and "relevant" (in both places), and

(b) in paragraph (3), for "this article" substitute "paragraph (1)".

(6) In article 11(4) (activities to be regarded as the railway industry)—

(a) after "of Schedule 11 are" insert "the activities of the Authority or any subsidiary of the Authority and activities consisting of", and

(b) for "in each case" substitute "in each of the cases in sub-paragraphs (a) to (d)".

(7) Omit paragraphs 13 and 14 (arbitration).

(8) The amendments made by subsections (3) to (7) shall be treated as if made by an order made under Schedule 11 to the Railways Act 1993 (and, accordingly, may be varied or revoked by an order so made).'.

Taxation of transfers

Mr Secretary Prescott

NC19

*To move the following Clause:—

'. Schedule (Transfers: Tax) contains provisions about tax.'.

Mr Don Foster
Mr Michael Moore
Mr Archy Kirkwood

420

*Page 102, line 23 [Clause 182], at end insert—

'(d) to identify unmet needs for railway services;

(e) to expand the railway network where appropriate.'.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

410

*Page 102, line 26 [Clause 183], at end insert—

'( ) the Secretary of State,'.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

408

*Page 102, line 33 [Clause 183], leave out 'directions and'.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

409

*Page 102, line 34 [Clause 183], leave out from 'strategies' to end of line 38 and insert 'of a general nature'.

Mr Secretary Prescott

255

Page 103, line 30 [Clause 184], leave out ', loans or other payments made' and insert 'or other payments or loans made by it, any guarantees given by it and any investment in bodies corporate'.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

411

*Page 105, line 34, leave out Clause 189.

Mr Secretary Prescott

256

Page 106, line 4 [Clause 189], leave out 'that Act, after section 26' and insert 'section 26 of that Act (invitations to tender for franchise), after subsection (3) insert—

(a) a direction that that person is to be the person specified in the direction; and

(b) a direction requiring the Authority to select that person in such manner as is so specified,

(as well as a direction authorising the Authority to select that person in such other manner as it may consider appropriate).

(5) The Secretary of State shall prepare and publish a statement of policy with respect to directions under subsection (1) above.

(6) The statement shall (in particular) contain the Secretary of State's policy about—

(a) when he will consider giving a direction (including, in particular, when he will consider doing so in relation to a franchise agreement which is to replace an earlier franchise agreement before the end of its franchise term); and

(b) the sorts of direction which he will consider giving in particular circumstances.

(7) In deciding whether to give a direction, and (if so) what direction to give, the Secretary of State shall have regard to the statement of policy.

(8) The Secretary of State—

(a) may at any time alter or replace a statement of policy, and

(b) shall publish the altered or replacement statement.

(9) The Secretary of State shall undertake appropriate consultation when preparing, altering or replacing a statement of policy.

(10) When a statement of policy is prepared, altered or replaced, a copy of the statement shall be laid before each House of Parliament."

( ) After that section'.

Mr Don Foster
Mr Michael Moore

419

*Page 111, Clause 195, leave out line 39 and insert—

( ) '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 used such land might offer, and protect the land accordingly.'.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

412

*Page 113, line 3, leave out Clause 200.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

413

*Page 113, line 20, [Clause 201], leave out from beginning to end of line 23.

Mr Secretary Prescott

308

*Page 117, line 23 [Clause 200], leave out 'it was given, the applicant' and insert 'the direction was given, the applicant for the direction'.

Mr Secretary Prescott

309

*Page 117, line 28 [Clause 200], after 'varied' insert 'on an application by the applicant for the direction or the Authority'.

Mr Secretary Prescott

310

*Page 117, line 29 [Clause 200], leave out 'it' and insert 'the direction'.

Mr Secretary Prescott

311

*Page 117, line 33 [Clause 200], at end insert-

'(5) The Regulator may grant an application for the variation or revocation of a direction under section 16A above by the applicant for the direction or the Authority on condition that he or it secures that any such compensation as the Regulator may specify is paid to the person to whom the direction was given in respect of any liabilities incurred, or other things done, by him in complying with the direction.'.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

414

*Page 119, line 7 [Clause 201], leave out 'him' and insert 'the authority'.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

415

*Page 119, line 8 [Clause 201], leave out from 'State' to end of line 15.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

416

*Page 119, line 24 [Clause 202], leave out 'is reasonable' and insert 'shall be commensurate with the contravention and with the turnover and profitability of the relevant operator provided that the appropriate authority is satisfied that such an imposition will help fulfill the general duties set out in section 4 of this Act.'.

Mr Secretary Prescott

257

Page 119, line 25 [Clause 202], at end insert—

'(3) No penalty may be imposed in respect of any contravention of a final or provisional order if provision was made in the order by virtue of section 55(7A) above in relation to the contravention.

Statement of policy. 57AA.'.

Mr Secretary Prescott

258

Page 119, line 38 [Clause 202], leave out ', is being or is likely to be' and insert 'or is being'.

Mr Secretary Prescott

259

Page 120 [Clause 202], leave out lines 15 to 18 and insert—

'( ) This section applies in relation to sums required to be paid by virtue of section 55(7A) above as to penalties, but as if—

(a) references to the imposition of penalties were to the inclusion in an order of a requirement to pay a sum;

(b) references to relevant conditions or requirements were omitted; and

(c) the reference in subsection (4)(b) above to anything which has been or is being done included a reference to anything which is likely to be done.'.

Mr Secretary Prescott

260

Page 120, line 27 [Clause 202], leave out 'or would constitute'.

Mr Secretary Prescott

261

Page 121, line 29 [Clause 202], leave out 'or would constitute'.