Vote Bundle Text (900505-19)

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

back to previous text

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)".'.

Mr Secretary Prescott

326

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

327

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

(b)''.

Mr Secretary Prescott

328

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

276

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

277

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

Mr Secretary Prescott

278

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

279

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

329

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).'.

NEW CLAUSES RELATING TO PART V

School crossing patrols

Mr Michael Foster (Worcester)

NC32

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

NC33

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.'.