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

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Mr Secretary Prescott

121

Page     178,     line     22     [Schedule     7],     at end insert—

'Agreements

    20.—(1) Sub-paragraph (2) applies if the effect of—

      (a) an agreement made under paragraph 9 or 11 of Schedule 6, or

      (b) an agreement treated as made under paragraph 10 of Schedule 6,

    is to modify the effect of a transfer scheme.

    (2) This Schedule, the 1988 Act, the 1990 Act and the 1992 Act are to have effect as if—

      (a) the scheme had been made as modified, and

      (b) anything done by or in relation to the preceding holder had (so far as relating to the property, rights or liabilities affected by the modification) been done by or in relation to the subsequent holder.

    (3) Sub-paragraph (4) applies to a disposal of an asset if the disposal—

      (a) is effected in pursuance of an agreement made or treated as made under paragraph 9 or 10 of Schedule 6, and

      (b) is the grant of a lease of land or the creation of other rights and liabilities over land.

    (4) For the purposes of the 1992 Act the disposal is to be taken (in relation to the person to whom it is made as well as the person making it) to be for a consideration such that no gain or loss accrues to the person making it.

    (5) Section 171(1) of the 1992 Act (provision in relation to disposal of assets from one member of a group of companies to another member of the group) does not apply if sub-paragraph (4) applies to the disposal in question.

    (6) References in this paragraph to an agreement include references to the agreement as varied in accordance with a direction under paragraph 19(4) of Schedule 6.

    (7) For the purposes of sub-paragraph (2) the preceding holder is the person who without the modification—

      (a) became (under the transfer scheme concerned) entitled or subject to the property, rights or liabilities affected by the modification, or

      (b) remained (despite the transfer scheme concerned) entitled or subject to the property, rights or liabilities affected by the modification,

    as the case may be.

    (8) For the purposes of sub-paragraph (2) the subsequent holder is the person who (in consequence of the modification) becomes, or resumes being, entitled or subject to the property, rights or liabilities affected by the modification.'.


   

Mr Secretary Prescott

130

Page     181,     line     17     [Schedule     8],     after '2000' insert 'or of an order under section (Orders for possession of aerodromes, etc.) of that Act'.

   

Mr Secretary Prescott

131

Page     181,     line     21     [Schedule     8],     after '2000' insert 'or an order under section (Orders for possession of aerodromes, etc.) of that Act'.

   

Mr Secretary Prescott

132

Page     181,     line     30     [Schedule     8],     after '2000' insert 'or of an order under section (Orders for possession of aerodromes, etc.)'.

   

Mr Secretary Prescott

133

Page     181,     line     32     [Schedule     8],     after '2000' insert 'or an order under section (Orders for possession of aerodromes, etc.) of that Act'.


NEW CLAUSES 6 AND 14

Air quality

   

Mr Don Foster
Mr Michael Moore

NC6

To move the following Clause:—

    '.—Where a local authority declares an air quality management area in accordance with section 83(1) of the Environment Act 1995, it may apply to the Secretary of State to direct the Highways Agency to take such measures as the authority has calculated to be effective in reducing air pollution, from specified roads administered by the Agency, in order to meet national air quality objectives within its area.'.


Competition test for exercise of bus functions

   

Mr Secretary Prescott

NC14

To move the following Clause:—

    '. Schedule (Competition test for exercise of bus functions) contains provision applying a competition test in relation to the exercise of functions relating to quality partnership schemes, ticketing schemes and subsidised local services.'.


OTHER NEW CLAUSES RELATING TO PART II

Power to obtain information about local services

   

Mr Secretary Prescott

NC8

To move the following Clause:—

    '.—(1) A local transport authority may, in connection with the exercise of any of its functions relating to public transport, require an operator of local services to provide it with any information relating to the matters specified in subsection (2) which is in his possession or control.

    (2) The matters referred to in subsection (1) are—

      (a) the total number of journeys undertaken by passengers on the local services operated by the operator in the authority's area or any part of its area,

      (b) the structure of fares for those journeys, and

      (c) the total distance covered by vehicles used by him in operating those local services.

    (3) The operator may be required to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect him to provide it.

    (4) No information which—

      (a) has been provided under this section, or provided together with information so provided, and

      (b) relates to the affairs of an individual or to a particular business,

    shall be disclosed during the lifetime of the individual or while the business continues to be carried on.

    (5) But subsection (4) does not apply to a disclosure made—

      (a) with the consent of the individual or the person for the time being carrying on the business,

      (b) in connection with the investigation of crime or for the purposes of criminal proceedings,

      (c) for the purposes of civil proceedings brought by virtue of this Act or the Transport Act 1985, or

      (d) in order to comply with the order of a court or tribunal.

    (6) A person who discloses information in contravention of subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.'.


Variations: supplementary

   

Mr Secretary Prescott

NC10

To move the following Clause:—

    '.—(1) The relevant references to the authority or authorities in relation to a quality partnership scheme—

      (a) include a local transport authority if it has been varied so that it relates to that authority's area, but

      (b) do not include a local transport authority if it has been varied so that it no longer relates to that authority's area.

    (2) But if (although the scheme does not relate to a local transport authority's area) it would do by reason of a proposed variation, those references (apart from those in section 101) include that authority.

    (3) The relevant references (apart from that in section 97(1)) to the authority or authorities in relation to a quality partnership scheme—

      (a) include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities, but

      (b) do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities.

    (4) But if (although the scheme does not specify facilities which are traffic regulation facilities in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references (apart from those in section 101) include that authority.

    (5) And if (although the scheme specifies facilities which are traffic regulation facilities in relation to a traffic regulation authority)—

      (a) the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities has been revoked, and

      (b) the scheme is proposed to be varied (but not so that it specifies other facilities which are traffic regulation facilities in relation to that authority),

    the relevant references (apart from those in section 101) do not include that authority.

    (6) For the purposes of this section the relevant references are those in—

      (a) section 97(1) to (3),

      (b) sections 98 to 102, and

      (c) section 108(5B),

    and paragraph 27(3) of Schedule 9 to the Road Traffic Regulation Act 1984.

    (7) In this section "traffic regulation authority" means—

      (a) a metropolitan district council,

      (b) the Secretary of State, or

      (c) the National Assembly for Wales.

    (8) For the purposes of this section facilities are traffic regulation facilities, in relation to a traffic regulation authority and a quality partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so.'.


Plans and strategies: supplementary

   

Mr Secretary Prescott

NC9

To move the following Clause:—

    '.—(1) In carrying out their functions under sections 92 to 95, a local transport authority must have regard to any guidance concerning—

      (a) the content of local transport plans (and bus strategies),

      (b) the preparation of such plans (and strategies),

      (c) the alteration and replacement of such plans (and strategies), and

      (d) the publication and making available of such plans (and strategies) as originally made and as altered or replaced,

    which is issued from time to time by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).

    (2) In developing their policies under section 92(1) and their bus strategy, a local transport authority must have regard to the transport needs of persons who are elderly or have mobility problems.'.

 
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