 House of Commons |
Publications on the internet Index of Amendments |
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Amendment Paper as at
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| Mr Andrew F. Bennett | Mr Gwyn Prosser | Mr Bill Etherington |
| Mrs Janet Dean | Mr Kelvin Hopkins | Mr John McAllion |
| Mr Kevin McNamara | Mr George Galloway | Mr Bill Michie |
| Dr John Marek | Mrs Eileen Gordon | Mr Jim Dobbin |
| Mr Mike Wood | Mr Tam Dalyell | Ms Jenny Jones |
| Mr Michael Connarty | Maria Fyfe | Mr Brian H. Donohoe |
| Frank Cook | Mr David Lepper | Mr David Winnick |
| Dr Norman A. Godman | Mr Michael Clapham |
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
- (c) the nominee of a person falling within paragraph (a) or (b).
(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 | Mrs Gwyneth Dunwoody | Mr Gwyn Prosser |
| Mr Bill Etherington | Mrs Janet Dean | Mr Kelvin Hopkins |
| Mr John McAllion | Mr Kevin McNamara | Mr George Galloway |
| Mr Bill Michie | Dr John Marek | Mrs Eileen Gordon |
| Mr Jim Dobbin | Mr Mike Wood | Mr Tam Dalyell |
| Ms Jenny Jones | Mr Michael Connarty | Maria Fyfe |
| Mr Brian H. Donohoe | Frank Cook | Mr David Lepper |
| Mr David Winnick | Dr Norman A. Godman | Mr David Drew |
| Mr Gordon Prentice | Mr Michael Clapham |
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 | Mrs Gwyneth Dunwoody | Mr Gwyn Prosser |
| Mr Bill Etherington | Mrs Janet Dean | Mr Kelvin Hopkins |
| Mr John McAllion | Mr Kevin McNamara | Mr George Galloway |
| Mr Bill Michie | Dr John Marek | Mrs Eileen Gordon |
| Mr Jim Dobbin | Mr Mike Wood | Mr Michael Clapham |
| Ms Jenny Jones | Mr Michael Connarty | Maria Fyfe |
| Mr Brian H. Donohoe | Frank Cook | Mr David Lepper |
| Mr David Winnick | Dr Norman A. Godman |
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.'.
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 or issue 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.'.
Orders for possession of aerodromes, etc.
Mr Secretary Prescott
NC5
To move the following Clause:—'.—(1) This section applies in any time of actual or imminent hostilities or of severe international tension or of great national emergency.
(2) The Secretary of State may by order provide for—
- (a) any aerodrome, and
- (b) any aircraft, machinery, plant, material or thing found in or on any aerodrome,
to be taken into his possession and used by or for the purposes of the armed forces of the Crown.
(3) An order under this section may, for the purpose of securing compliance with the provisions of the order—
- (a) provide for the detention of aircraft;
- (b) make such other provision as appears to the Secretary of State to be necessary or expedient for securing such detention.
(4) A person must comply with an order under this section notwithstanding any other duty, however arising.
(5) An order under this section may, for the purpose of securing compliance with the provisions of the order, provide for—
- (a) persons to be guilty of offences in such circumstances as may be specified in the order;
- (b) persons to be liable on conviction of those offences to such penalties as may be so specified.
(6) The power under subsection (5) does not include power—
- (a) to provide for offences to be triable only on indictment;
- (b) to authorise the imposition, on summary conviction of an offence, of any term of imprisonment or of a fine exceeding the statutory maximum;
- (c) to authorise the imposition, on conviction on indictment of an offence, of a term of imprisonment exceeding two years.
(7) Any person who suffers direct injury or loss arising from compliance with an order under this section is entitled to receive compensation from the Secretary of State.
(8) The compensation must be of an amount agreed by the person and the Secretary of State or (in default of agreement) of an amount decided by—
- (a) an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),
- (b) an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or
- (c) an arbitrator appointed by the Lord Chancellor (if the proceedings are to be held in Northern Ireland).'.
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