Vote Bundle Text (900505-03)

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

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Penalties for deviation from approved routes

Mr Graham Brady

NC13

To move the following Clause:—

'The Secretary of State may make regulations allowing an airport operator to apply penalties to the operators of air services when those services deviate from approved corridors or routes for take off or landing.'.

Disposal of shareholding in designated company

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

NC26

To move the following Clause:—

'(1) The Secretary of State shall procure the disposal of at least 51 per cent. of the shares in the designated company referred to in section 49 by way of an offer to the public of such shares and shall secure acceptance for an application for admission to the Official List (within the meaning of Part IV of the Financial Services Act 1986) in respect of such shares.

(2) The terms on which such shares are offered to the public, as to price and otherwise, shall be such as the Secretary of State considers appropriate for the purposes of—

(a) securing the best price reasonably obtainable for those shares;

(b) securing widespread ownership of such shares by individual members of the public as well as institutions.

(3) Any transfer or issue of a share or shares pursuant to such offer or any subsequent transfer or issue of a share or shares in the company in question shall have no legal effect (and in particular the transferee or allottee of such share or shares shall not be registered as a member of the company or exercise any rights in respect of such share or shares) if such transfer or issue would result in the legal or beneficial ownership of a majority of shares carrying voting rights in, or control of, the company passing to a person who is not a British citizen.

(4) For the purposes of subsection (3)—

(a) a company shall be deemed to be controlled by a person or persons who singly or together have the right to appoint or remove a majority of the company's board of directors holding a majority of the voting rights at meetings of the board on all, or substantially all, matters or if it is deemed to be controlled for the purposes of section 840 of the Income and Corporation Taxes Act 1988;

(b) a company shall be deemed to be controlled by a person if it is controlled by a company or companies controlled by such a person.

(5) The Secretary of State shall give to any such company as is referred to in section 48(1) above whatever directions may be necessary for implementing the provisions of this section.

(6) The Secretary of State shall only take action under this section or section 49 or exercise any power in respect of the transfer of shares in such company as referred to in section 48(1) if he has first obtained the agreement by resolution of both Houses of Parliament.'.

Exercise of powers, duties, and functions under Part I

Mr Bernard Jenkin

Mr Robert Syms

Mr Peter Atkinson

NC27

To move the following Clause:—

'The powers, duties and functions given or imposed on the Secretary of State or the CAA in sections 1, 2, 38, 49, 80, 81, (Disposal of shareholding in the designated company) and (Orders for possession of aerodromes, etc.) may be exercised or fulfilled notwithstanding anything contained in the European Communities Act 1972 as subsequently amended.'.

Transfer to be to company owned by Crown

Mrs Gwyneth Dunwoody
Dr Gavin Strang
Mr Martin Salter
Dr Desmond Turner
Mr John McDonnell
Mr Gordon Prentice

Mr Andrew F. Bennett

NC35

To move the following Clause:—

'.—(1) Any property, rights or liabilities shall only be transferred under a transfer scheme to a company which—

(a) has been formed and registered under the Companies Act 1985 or the Companies (Northern Ireland) Order 1986; and

(b) is wholly owned by the Crown.

(2) For the purposes of this Part a company shall only be regarded as wholly owned by the Crown if each of the issued shares of the company is held by—

(a) the Treasury,

(b) the Secretary of State, or

(3) A company to which any property, rights or liabilities have been transferred under a transfer scheme shall not issue any shares or share rights unless such shares or share rights are issued to the Treasury, the Secretary of State or a nominee of either of them.

(4) Subject to subsection (5), neither the Treasury, the Secretary of State nor a nominee of either of them shall dispose of any shares or share rights in a company to which any property, rights or liabilities have been transferred under a transfer scheme.

(5) Subsection (4) does not apply to any disposal by the Treasury, the Secretary of State or a nominee or either of them to any other such person.'.

Transfer to be to not for profit company

Dr Gavin Strang
Dr Desmond Turner
Maria Fyfe
Mr David Lepper
Mr Martin Salter
Mr John McDonnell

Mr Andrew F. Bennett

NC36

To move the following Clause:—

'.—(1) Any property, rights or liabilities shall only be transferred under a transfer scheme to a not for profit company.

(2) The transfer of property, rights or liabilities under a transfer scheme may be by such means, including sale or lease, and on such terms as the Secretary of State, with the approval of the Treasury, may determine.

(3) A transfer scheme shall not come into force unless a draft of the scheme has been laid before and approved by resolution of each House of Parliament.

(4) A not for profit company to which any property, rights or liabilities have been transferred under a transfer scheme shall not—

(a) issue any shares or share rights; or

(b) pay any dividend or profits to its members.

(5) For purposes of this Part, "not for profit company" means a company—

(a) which has been formed and registered as a company limited by guarantee under the Companies Act 1985 or the Companies (Northern Ireland) Order 1986; and

(b) the membership of which, in the opinion of the Secretary of State includes those who are representative of providers, employees and users of aviation, air travel, air navigation and related services.'.

Parliamentary approval of transfer scheme

Dr Gavin Strang
Mr John McDonnell
Mr Tam Dalyell
Alice Mahon
Mr Martin Salter
Dr Desmond Turner

Mr Andrew F. Bennett

NC37

To move the following Clause:—

'.—(1) A transfer scheme made by the CAA or the Secretary of State shall not come into force unless it has been approved by a resolution of each House of Parliament passed on a motion moved by or on behalf of the Secretary of State.

(2) No such motion shall be moved by or on behalf of the Secretary of State unless at least seven days before the date on which the motion is to be debated by either House of Parliament he has caused a report to be laid before both Houses which—

(a) sets out the progress which has been made in respect of any project for the development of facilities connected with national air traffic services which was commissioned by the transferor before the date on which this Act received Royal Assent; and

(b) confirms that the Treasury have given their consent to the proposed transfer.'.

Mr Bernard Jenkin

Mr Robert Syms

Mr Peter Atkinson

382

Page 1, line 10 [Clause 1], at beginning insert—'Notwithstanding anything in the European Communities Act 1972 as subsequently amended,'.

Mr Brian Donohoe
Mrs Gwyneth Dunwoody

147

Page 1, line 14 [Clause 1], at end insert—

'(aa) to ensure that air traffic services are not provided or managed in a manner which might prejudice the national security of the United Kingdom;'.

Mr Secretary Prescott

Page 1, line 24 [Clause 1], after 'the' insert 'range,'.

Mr Secretary Prescott

Page 1, line 25 [Clause 1], at end insert—

'(2A) The reference in subsection (1)(a) to furthering interests includes a reference to furthering them (where the Secretary of State thinks it appropriate) by promoting competition in the provision of air traffic services.'.

Mr Secretary Prescott

Page 1, line 27 [Clause 1], leave out 'and (2)' and insert 'to (2A)'.

Mr Secretary Prescott

Page 2, line 1 [Clause 1], leave out 'and (2)' and insert 'to (2A)'.

Mr Bernard Jenkin

Mr Robert Syms

Mr Peter Atkinson

383

Page 2, line 5 [Clause 2], at beginning insert—'Notwithstanding anything in the European Communities Act 1972 as subsequently amended,'.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

391

Page 2, line 10 [Clause 2], leave out 'licence holders' and insert 'the licence holder'.