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

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Mr Secretary Prescott


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


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


Mr Secretary Prescott


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


Mr Secretary Prescott


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


Mr Secretary Prescott


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


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


Mr Secretary Prescott


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


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


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


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

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

            "(3A) Conditions included in a licence by virtue of subsection (1)(a) above may include provision about any matter which is dealt with (whether in the same or a different manner) by an access agreement.".'.


Mr Secretary Prescott


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)".'.


Mr Secretary Prescott


Page     252,     line     41     [Schedule     24],     at end insert—

          '(vb) every notice given by or to the Regulator or the Competition Commission under Schedule 4A to this Act;".'.


Mr Secretary Prescott


Page     254,     line     15     [Schedule     24],     leave out from beginning to 'for' in line 16 and insert—

    '(1) Schedule 11 (pensions) is amended as follows.

    (2) In paragraph 1(1) (interpretation), in paragraph (a) of the definition of "eligible person"—

      (a) after "of the Board," insert—

                "(ia) the Authority or any subsidiary of the Authority,", and



Mr Secretary Prescott


Page     254,     line     18     [Schedule     24],     at end insert—

    '(3) In paragraphs 3(4) and 4(5), for "after consultation with" substitute "with the consent of".

    (4) In paragraph 10(15)(b), for "Board" (in both places) substitute "Authority".

    (5) In paragraph 11(10), in the definition of "relevant employer" insert at the end—

            "(d) the Authority; or

            (e) a wholly owned subsidiary of the Authority.".'.


Mr Secretary Prescott


Page     254,     line     26     [Schedule     24],     at end insert—

    '. The Channel Tunnel Rail Link Act 1996 has effect subject to the following amendments.

    . After section 42 insert—

"Strategic Rail Authority as agent of Secretary of State.42A.—(1) The Strategic Rail Authority may do anything which it arranges with the Secretary of State to do on his behalf in connection with any agreement or other arrangement made by him for the purpose of securing the design, construction, financing, maintenance or operation of the rail link or any of the other works authorised by this Part of this Act.

    (2) Subsection (1) above—

      (a) does not authorise the Strategic Rail Authority to exercise any function conferred or imposed by or by virtue of any enactment, and

      (b) is subject to the terms of the agreement or other arrangement.

    (3) Sections 184 and 185 of the Transport Act 2000 do not apply to the power conferred by this section.".'.


Mr Secretary Prescott


Page     254,     line     27     [Schedule     24],     leave out 'to the Channel Tunnel Rail Link Act 1996'.


Mr Secretary Prescott


Page     256,     line     29     [Schedule     25],     at end insert—

    ' . The fact that a statement of policy has not been published by the Secretary of State under section 26(5) of the Railways Act 1993, as inserted by section 189, does not affect the validity of any direction given under section 26(1) of that Act.'.


Mr Secretary Prescott


Page     257,     line     4     [Schedule     25],     at end insert 'or

      (b) the inclusion in a final or provisional order of any requirement to pay a sum or any determination of the amount of any sum payable in accordance with such an order.'.


Mr Secretary Prescott


Page     257,     line     9     [Schedule     25],     at end insert—

'Review of access charges

    .—(1) This paragraph applies if, before this Act is passed, notice has been given by the Regulator of his conclusions on an access charges review (within the meaning of Schedule 4A to the Railways Act 1993, as inserted by Schedule (Review of access charges by Regulator) to this Act) but the conclusions have not been implemented.

    (2) The conclusions may be implemented after the time by which they are to be implemented in accordance with the access agreement.

    (3) The procedure for the implementation of the conclusions shall be as provided for by paragraphs 4 to 16 of Schedule 4A to the Railways Act 1993 (and not as provided for by the access agreement).'.


School crossing patrols


Mr Michael Foster (Worcester)


To move the following Clause:—

    '.—(1) The Road Traffic Regulation Act 1984 is amended as follows.

    (2) In sections 26 (arrangements for patrolling school crossings) and 28 (stopping of vehicles at school crossings) for the word "children", in each place where it occurs, substitute the word "pedestrians".'.

Goods vehicles on weight-restricted routes


Mr Don Foster
Mr Michael Moore


To move the following Clause:—

    'It shall be incumbent on the driver of a goods vehicle using a weight restricted route to provide evidence on demand to any police officer or member of the Vehicle Inspectorate or Trading Standards Office that he is using the route lawfully.'.

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