Vote Bundle Text (900504-21)

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

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Mr Secretary Prescott

240

Page 192, line 25 [Schedule 12], leave out 'and costs'.

Mr Secretary Prescott

241

Page 192, line 26 [Schedule 12], at end insert—

'(4A) Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a charging scheme—

(a) the costs of the inquiry shall be paid by the charging authority; and

(b) the parties at the inquiry shall bear their own costs.'.

Mr Secretary Prescott

242

Page 192, line 27 [Schedule 12], leave out 'An authority by whom a charging order' and insert 'The charging authority'.

Mr Secretary Prescott

243

Page 192, line 30 [Schedule 12], leave out 'order' and insert 'charging scheme'.

Mr Secretary Prescott

244

Page 192, line 31 [Schedule 12], leave out 'After paragraph 11' and insert 'In sub-paragraph (2) of paragraph 11 (exemptions, reduced rates etc.), after "above" insert "and to paragraphs 4 and 6 above".

4A. After that paragraph'.

Mr Secretary Prescott

245

Page 193, line 11 [Schedule 12], leave out 'In paragraph 15(5)(b) (dealing with surpluses)' and insert—

'(1) Paragraph 15 (accounts and funds) is amended as follows.

(2) In sub-paragraphs (1) and (2), for "of their income and expenditure in respect of" substitute "relating to".

(3) In sub-paragraph (3)—

(a) for the words from the beginning to "each" substitute "Each", and

(b) for "that year" substitute "each financial year".

(4) After that sub-paragraph insert—

(a) further provision relating to accounts required to be kept under sub-paragraph (1) or (2) above (including provision requiring or allowing the keeping of consolidated accounts relating to more than one charging scheme); and

(b) further provision relating to the preparation and publication of statements of such accounts."

(5) In sub-paragraph (5)(b)'.

Mr Secretary Prescott

246

Page 193, line 33 [Schedule 12], at end insert—

'.—(1) Paragraph 26 (examination of motor vehicles etc.) is amended as follows.

(2) For sub-paragraph (2) substitute—

(a) any equipment required to be carried in or fitted to the motor vehicle while it is on a road in respect of which charges are imposed has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme; or

(b) there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or being identified as having failed to pay, such a charge."

(4) A person guilty of an offence under sub-paragraph (3) above shall be liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding six months,

or to both.

(5) Regulations may make provision conferring power on any person authorised in writing by the charging authority to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under paragraph 25 above."

(2) After paragraph (a) insert—

"(aa) the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted;".

(e) the sale or destruction of motor vehicles not released.

(2) A person who removes or interferes with an immobilisation notice in contravention of provision made by virtue of sub-paragraph (3) above is guilty of an offence.

(3) A person who removes or attempts to remove an immobilisation device fixed to a motor vehicle in accordance with provision made by virtue of sub-paragraph (3) above in contravention of such provision is guilty of an offence.

(4) A person who intentionally obstructs a person exercising any power conferred on him by provision made by virtue of sub-paragraph (3) above is guilty of an offence.

(5) A person guilty of an offence under sub-paragraph (2) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) A person guilty of an offence under sub-paragraph (3) or (4) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.".'.

Mr Secretary Prescott

247

Page 194, line 37 [Schedule 12], at end insert—

'( ) In that sub-paragraph, in the definition of "net proceeds", for the words from ", means" to the end substitute "and a financial year, means the amount (if any) by which—

(a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed

(b) the expenses incurred for or in connection with the scheme which are so attributable;".'.

Mr Secretary Prescott

248

Page 194, line 40 [Schedule 12], at end insert—

'( ) For sub-paragraph (2) substitute—

(a) the amounts received under or in connection with a licensing scheme, and

(b) the expenses incurred for or in connection with such a scheme,

and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.".'.

Mr Secretary Prescott

249

Page 195, line 10 [Schedule 12], leave out 'to (5)' and insert 'and (3)'.

Mr Secretary Prescott

250

Page 195, line 11 [Schedule 12], leave out 'and costs'.

Mr Secretary Prescott

251

Page 195, line 12 [Schedule 12], leave out '(3)' and insert '(3)(b)'.

Mr Secretary Prescott

252

Page 195, line 12 [Schedule 12], at end insert—

(a) the costs of the inquiry shall be paid by the licensing authority; and

(b) the parties at the inquiry shall bear their own costs.'.

Mr Secretary Prescott

253

Page 195, line 22 [Schedule 12], at end insert—

'In paragraph 17(3) and (4) (exemptions, reduced rates etc.), after "(2) above" insert "and to paragraphs 7 and 9 above".'.

Mr Secretary Prescott

254

Page 195, line 37 [Schedule 12], leave out 'In paragraph 21(5)(b) (dealing with surpluses)' and insert—

'(1) Paragraph 21 (accounts and funds) is amended as follows.

(2) In sub-paragraphs (1) and (2), for "of their income and expenditure in respect of" substitute "relating to".

(3) In sub-paragraph (3)—

(a) for the words from the beginning to "each" substitute "Each", and

(b) for "that year" substitute "each financial year".

(4) After that sub-paragraph insert—

(a) accounts required to be kept under sub-paragraph (1) or (2) (including provision requiring or allowing the keeping of consolidated accounts relating to more than one licensing scheme), and

(b) the preparation and publication of statements of such accounts."

(5) In sub-paragraph (5)(b)'.

Mr Secretary Prescott

319

*Page 201, line 18 [Schedule 13], at end insert—

'Taxation

13A.—(1) The Secretary of State may make regulations for the purpose of eliminating, or reducing to such extent as may be prescribed, the Authority's liability to tax in respect of—

(a) income and chargeable gains, or

(b) any prescribed class of income or chargeable gains.

(2) The regulations may, in particular, provide—

(a) for any elimination or reduction of liability to tax conferred by virtue of sub-paragraph (1) to be subject to prescribed conditions (including conditions requiring prescribed activities of the Authority to be carried out by persons other than the Authority), and

(b) for transactions entered into by the Authority not to be invalidated merely by reason of a contravention of any such conditions.

(3) The regulations may—

(Transfers: Tax)

(b) make different provision for different cases, and

(c) include such incidental, consequential, supplementary and transitional provision and savings as the Secretary of State may consider appropriate.

(4) Regulations under this paragraph—

(a) shall be made by statutory instrument, and

(b) require the consent of the Treasury.

(5) No regulations shall be made under this paragraph unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, the House of Commons.'.