Vote Bundle Text (900509-14)

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

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Mr Secretary Prescott

218

Page 88, line 16 [Clause 152], after 'the' insert 'motor'.

Mr Secretary Prescott

219

Page 88, line 21 [Clause 152], leave out subsection (2) and insert—

'(2) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to enter a motor vehicle where he has reasonable grounds for suspecting that—

(a) any equipment required to be carried in or fitted to it while it is on a road in respect of which charges are imposed has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme, or

(b) there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or being identified as having failed to pay, such a charge.

(2A) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by a charging scheme under this Part by virtue of subsection (2).

(2B) A person guilty of an offence under subsection (2A) is liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding six months,

or to both.

(2C) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under section 151(5) or (6).

(2D) A charging scheme under this Part may not authorise an examination of, or entry into, a motor vehicle unless it is on a road.'.'.

Mr Secretary Prescott

220

Page 88, line 29 [Clause 152], at end insert—

'(aa) the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted,'.

Mr Secretary Prescott

221

Page 88, line 33 [Clause 152], at end insert 'and

( ) the sale or destruction of motor vehicles not released.

(3A) A person commits an offence if he removes or interferes with an immobilisation notice fixed to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (3) in contravention of such provision.

(3B) A person commits an offence if he removes or attempts to remove an immobilisation device fitted to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (3) in contravention of such provision.

(3C) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by provision included in a charging scheme under this Part by virtue of subsection (3).

(3D) A person guilty of an offence under subsection (3A) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3E) A person guilty of an offence under subsection (3B) or (3C) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.'.

Mr Secretary Prescott

222

Page 88, line 34 [Clause 152], leave out 'and in this subsection' and insert

'( ) In this section'.

Mr Secretary Prescott

223

Page 88 [Clause 152], leave out line 37.

Mr Secretary Prescott

To move that Clause 152 be divided into two Clauses, the first consisting of subsections (1) to (2D) (Examination, entry, search and seizure) and the second of subsections (3) to (4) (Immobilisation etc.)

Mr Secretary Prescott

225

Page 89, line 31 [Clause 154], leave out 'the Road Traffic Regulation Act 1984' and insert 'section 64 of the Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act'.

Mr Bernard Jenkin
Mr Peter Atkinson

407

Page 92, line 40 [Clause 160], at end insert—

'( ) Charges shall not apply on any day on which any part of the local underground, metro, bus or rail networks are disrupted or closed by industrial action.

( ) In this section "disrupted" means that fewer than 75 per cent. of services are operating within the accepted margins for variation from their specified timetables.'.

Mr Don Foster
Mr Michael Moore

144

Page 93 [Clause 162], leave out lines 38 to 41 and insert 'may direct the relevant licensing authority or authorities to re-examine specified particulars of a licensing scheme under this Part, or the variation or revocation of such a scheme.'.

Mr Secretary Prescott

226

Page 94, line 5 [Clause 162], leave out 'to (5)' and insert 'and (3)'.

Mr Secretary Prescott

227

Page 94, line 6 [Clause 162], leave out 'and costs'.

Mr Secretary Prescott

228

Page 94, line 7 [Clause 162], at end insert—

'(7) Where an inquiry is held by virtue of this section in relation to a licensing scheme or the variation or revocation of such a scheme—

(a) the costs of the inquiry shall be paid by the licensing authority or authorities, and

(b) the parties at the inquiry shall bear their own costs.'.

Mr Secretary Prescott

229

Page 95, line 2 [Clause 164], after '(1)' insert 'and to section 161(1) and (3)'.

Mr Secretary Prescott

230

Page 96 [Clause 167], leave out lines 19 and 20 and insert—

'(4) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by subsection (1) or (2).

(4A) A person guilty of an offence under subsection (4) is'.

Mr Secretary Prescott

231

Page 97, line 18 [Clause 171], after 'department,' insert

'( ) the National Assembly for Wales,'.

Mr Secretary Prescott

232

Page 99, line 15 [Clause 174], at end insert—

'( ) The references in subsections (4) and (5) to regulations made by the Secretary of State include regulations made by him jointly with the National Assembly for Wales.'.

Mr Secretary Prescott

233

Page 187, line 19 [Schedule 11], leave out from 'a' to 'the' in line 9 on page 188 and insert 'relevant scheme and a financial year, means the amount (if any) by which—

(a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed

(b) the expenses incurred for or in connection with the scheme which are so attributable.

(2) For the purposes of this Schedule—

(a) the amounts received under or in connection with a relevant scheme, and

(b) the expenses incurred for or in connection with a relevant scheme,

and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations made by the appropriate national authority.

(3) Regulations under sub-paragraph (2) may, in particular, provide that—

(a) any such costs of constructing, improving or maintaining roads in respect of which charges are imposed by trunk road charging schemes, and any such costs of managing traffic on those roads, as are specified by or determined in accordance with the regulations, or

(b) any such payments made for or in respect of the construction, improvement or maintenance of those roads, or the management of traffic on them, as are so specified or determined,

are to be regarded, to the extent so specified or determined, as expenses incurred for or in connection with the trunk road charging schemes.

(4) Where a trunk road charging scheme is made by virtue of section 145(2)(b), the relevant authority and the local traffic authority which requested the making of the scheme (or Transport for London, if it did) may agree that—

(a) the expenses incurred for or in connection with the trunk road charging scheme shall be taken to include specified expenses incurred for or in connection with the charging scheme in connection with which the trunk road charging scheme was requested, and

(b) the expenses incurred for or in connection with that other charging scheme shall be taken to include specified expenses incurred for or in connection with'.

Mr Secretary Prescott

234

Page 188, line 31 [Schedule 11], leave out from beginning to 'be' in line 42 and insert—

'5. Regulations made by the appropriate national authority may make provision for—

(a) the keeping of accounts relating to trunk road charging schemes, and

(b) the preparation and publication of statements of such accounts.

6.—(1) An account relating to a relevant scheme which is not a trunk road charging scheme shall be kept for each financial year by the relevant authority or jointly by the relevant authorities.

(2) A statement of every such account shall be prepared for each financial year by the relevant authority or authorities and published in the annual accounts of the relevant authority, or of each of the relevant authorities, for the financial year.

(3) Regulations made by the appropriate national authority may make—

(a) further provision relating to accounts required to be kept under this paragraph (including provision requiring or allowing the keeping of consolidated accounts relating to more than one relevant scheme), and

(b) further provision relating to the preparation and publication of statements of such accounts.

6A. At the end of each financial year any deficit in an account required to be kept under paragraph 6 shall'.