Vote Bundle Text (900504-22)

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

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Mr Secretary Prescott

266

Page 204, line 20 [Schedule 13], at end insert—

'Freedom of Information Act 2000 (c.00)

. In Part VI of Schedule 1 to the Freedom of Information Act 2000 (public authorities), insert (at the appropriate place in alphabetical order)—

"The Strategic Rail Authority.".'.

Mr Secretary Prescott

320

*Page 217, line 28 [Schedule 15], leave out paragraph 61 and insert—

'61. For section 196 (power of Greater London Authority to give instructions or guidance to Franchising Director) and the heading before it substitute—

"The Authority and the Strategic Rail Authority

Power of Authority to give directions and guidance to Strategic Rail Authority.

196.—(1) The Authority may give directions and guidance to the Strategic Rail Authority in relation to the provision of railway services in Greater London.

(2) It is immaterial for the purpose of giving directions and guidance under subsection (1) above whether implementation of the directions and guidance affects railway services outside Greater London.

(3) The Strategic Rail Authority shall exercise its functions in the manner best calculated to implement any directions and guidance given to it by the Authority (but subject to subsections (4) and (5) below).

(4) The Strategic Rail Authority shall not implement any directions or guidance given to it by the Authority if or to the extent that to do so would prevent or seriously hinder the Strategic Rail Authority—

(a) from complying with any directions given to it by the Secretary of State under section (5) of the Transport Act 2000 or from having regard to any guidance so given; or

(b) from exercising any of its functions in a manner which is consistent with its financial framework.

(5) The Strategic Rail Authority need not implement any directions or guidance given to it by the Authority if or to the extent that to do so would—

(a) have an adverse effect on the provision of services for the carriage of passengers or goods by railway outside Greater London; or

(b) increase the amount of any expenditure of the Strategic Rail Authority under agreements or other arrangements entered into (in accordance with a franchise agreement) with the franchise operator, the franchisee or any servant, agent or independent contractor of the franchise operator or franchisee.

(6) If the Strategic Rail Authority decides not to implement any directions or guidance given to it by the Authority, whether generally or in a particular case, it shall give the Authority notification of the decision and its reasons for it.

(7) The directions and guidance which may be given under this section are—

(a) directions and guidance as to the manner in which the Strategic Rail Authority is to exercise its functions in order to comply with section 184(1) to (3) of the Transport Act 2000, and

(b) directions to the Strategic Rail Authority not to exercise any of its functions in a particular manner (or not to do so without consulting, or obtaining the consent of, the Authority),

in relation to the provision of services for the carriage of passengers by railway or the operation of additional railway assets under or by virtue of any franchise agreement or any provision of sections 30 and 37 to 49 of the Railways Act 1993.

(8) The functions of the Authority under this section shall be exercisable by the Mayor acting on behalf of the Authority.

(9) Expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part.".'.

Mr Secretary Prescott

321

*Page 224, line 4 [Schedule 16], after 'section' insert 'and to section 15A below'.

Mr Secretary Prescott

322

*Page 224, line 8 [Schedule 16], after 'section' insert 'and to section 15A below'.

Mr Secretary Prescott

267

Page 227, line 36 [Schedule 16], at end insert—

'(3) Before section 47 insert—

"Notification of minor closures to Regulator. 46B. The Authority shall notify the Regulator of every determination under section 37(1), 38(2), 39(1), 40(2), 41(1) or 42(2) above that a closure is a minor closure.".'.

Mr Secretary Prescott

268

Page 227, line 48 [Schedule 16], leave out 'and every decision that a closure is minor' and insert ', every determination under section 37(1), 38(2), 39(1), 40(2), 41(1) or 42(2) above that a closure is a minor closure, every condition imposed under section 37(1), 39(1) or 41(1) above, every general determination under section 46A above and every revocation of a general determination under that section'.

Mr Secretary Prescott

269

Page 230, line 34 [Schedule 17], leave out 'and (1A)'.

Mr Secretary Prescott

270

Page 230, line 35 [Schedule 17], at end insert 'and'.

Mr Secretary Prescott

271

Page 230, line 36 [Schedule 17], leave out from 'Authority",' to end of line 39.

Mr Secretary Prescott

272

Page 230, line 42 [Schedule 17], at end insert—

'( ) In subsection (2) (as substituted by section 25(2) of the British Railways Act 1978)—

(a) in paragraph (c), for "Commission" substitute "Authority", and

(b) in paragraph (e), for the words from "which authority" to "is hereby" substitute "which authority any justice or the Chief Constable of the British Transport Police Force is hereby".'.

Mr Secretary Prescott

273

Page 231 [Schedule 17], leave out lines 25 to 27.

Mr Secretary Prescott

274

Page 232, line 8 [Schedule 17], at end insert—

' . In paragraph 3(2) of Schedule 10 (power of Secretary of State, after consultation with Board and others, to amend existing scheme for organisation of transport police), for "Board" (in both places) substitute "Authority".'.

Mr Secretary Prescott

323

*Page 250, line 47 [Schedule 24], at end insert—

'Transport Act 1980 (c.34)

. Part III of the Transport Act 1980 (railway pensions) has effect subject to the following amendments.

. In section 52A(13) (provisions for final discharge of Secretary of State not to affect liability of Board in respect of relevant pension obligations), for "Board" substitute "Authority".

. In section 52B(10) (provisions for substitution order not to affect liability of Board in respect of relevant pension obligations), for "Board" substitute "Authority".

.—(1) Section 53 (meaning of "relevant pension obligations") is amended as follows.

(2) In subsection (1)—

(a) for "Board which were owed" substitute "Authority which were owed by the Board", and

(b) for "Board arising after the operative date" (in both places) substitute "Authority which arose as an obligation of the Board after the operative date or was never an obligation of the Board".

(3) In subsection (4), for "Board" (in each place) substitute "Authority".

. In section 59(2) (supplementary), for "they" substitute "the Authority (in the case of a scheme established by the Board) or the Corporation".

. In section 60(1) (interpretation), before the definition of "the Board" insert—

"the Authority" means the Strategic Rail Authority;".'.

Mr Secretary Prescott

275

Page 251, line 5 [Schedule 24], at end insert—

'Channel Tunnel Act 1987 (c.53)

. In paragraph 5 of Schedule 6 to the Channel Tunnel Act 1987 (application of offence provisions), for "the Railways Board" substitute "a successor of the British Railways Board within the meaning of the Railways Act 1993 (Consequential Modifications) (No.2) Order 1999".'.

Mr Secretary Prescott

324

*Page 251, line 9 [Schedule 24], at end insert—

'. In section 9 (licence conditions), after subsection (3) insert—

Mr Secretary Prescott

325

*Page 251, line 9 [Schedule 24], at end insert—

'.—(1) In section 13 (modification references to Competition Commission) is amended as follows.

(2) In subsection (8)(c)(i), for "Director" substitute "Regulator".

(3) In subsection (8A)(a)—

(a) for "and 85" substitute ", 85", and

(b) after "documents)" insert "and 93B (false or misleading information)".'.