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

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Mr Secretary Prescott

235

Page     191,     line     42     [Schedule     11],     leave out sub-paragraph (6).


   

Mr Secretary Prescott

236

Page     192,     line     7     [Schedule     12],     after '(1),' insert 'in the definition of "net proceeds", for the words from ", means" to the end substitute "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;".

    (3) In that sub-paragraph,'.

   

Mr Secretary Prescott

237

Page     192,     line     14     [Schedule     12],     at end insert—

    '( ) In that sub-paragraph, in the definition of "traffic sign", for "same meaning as in the Road Traffic Regulation Act 1984 (see in particular section 64 of that Act)" substitute "meaning given by 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 Secretary Prescott

238

Page     192,     line     14     [Schedule     12],     at end insert—

    '( ) For sub-paragraph (2) substitute—

            "(2) For the purposes of this Schedule—

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

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

            and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.".'.

   

Mr Secretary Prescott

239

Page     192,     line     24     [Schedule     12],     leave out 'to (5)' and insert 'and (3)'.

   

Mr Secretary Prescott

240

Page     192,     line     25     [Schedule     12],     leave out 'and costs'.

   

Mr Secretary Prescott

241

Page     192,     line     26     [Schedule     12],     at end insert—

    '(4A) Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a charging scheme—

      (a) the costs of the inquiry shall be paid by the charging authority; and

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

   

Mr Secretary Prescott

242

Page     192,     line     27     [Schedule     12],     leave out 'An authority by whom a charging order' and insert 'The charging authority'.

   

Mr Secretary Prescott

243

Page     192,     line     30     [Schedule     12],     leave out 'order' and insert 'charging scheme'.

   

Mr Secretary Prescott

244

Page     192,     line     31     [Schedule     12],     leave out 'After paragraph 11' and insert 'In sub-paragraph (2) of paragraph 11 (exemptions, reduced rates etc.), after "above" insert "and to paragraphs 4 and 6 above".

    4A. After that paragraph'.


   

Mr Secretary Prescott

245

Page     193,     line     11     [Schedule     12],     leave out 'In paragraph 15(5)(b) (dealing with surpluses)' and insert—

    '(1) Paragraph 15 (accounts and funds) is amended as follows.

    (2) In sub-paragraphs (1) and (2), for "of their income and expenditure in respect of" substitute "relating to".

    (3) In sub-paragraph (3)—

      (a) for the words from the beginning to "each" substitute "Each", and

      (b) for "that year" substitute "each financial year".

    (4) After that sub-paragraph insert—

            "(4A) Regulations may make—

            (a) further provision relating to accounts required to be kept under sub-paragraph (1) or (2) above (including provision requiring or allowing the keeping of consolidated accounts relating to more than one charging scheme); and

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

    (5) In sub-paragraph (5)(b)'.

   

Mr Secretary Prescott

246

Page     193,     line     33     [Schedule     12],     at end insert—

    '.—(1) Paragraph 26 (examination of motor vehicles etc.) is amended as follows.

    (2) For sub-paragraph (2) substitute—

            "(2) Regulations may make provision conferring power on any person authorised in writing by the charging authority to enter a motor vehicle where he has reasonable grounds for suspecting, in relation to a motor vehicle which is on a road, that—

            (a) any equipment required to be carried in or fitted to the motor vehicle 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."

    (3) After that sub-paragraph insert—

            "(3) A person who intentionally obstructs a person exercising any power conferred on him by virtue of sub-paragraph (2) above is guilty of an offence.

            (4) A person guilty of an offence under sub-paragraph (3) above shall be 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.

            (5) Regulations may make provision conferring power on any person authorised in writing by the charging authority to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under paragraph 25 above."

    .—(1) Paragraph 27 (removal or immobilisation of motor vehicles) shall be renumbered as sub-paragraph (1) of that paragraph and amended as follows.

    (2) After paragraph (a) insert—

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

    (3) Insert at the end "and

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

            (2) A person who removes or interferes with an immobilisation notice in contravention of provision made by virtue of sub-paragraph (1) above is guilty of an offence.

            (3) A person who removes or attempts to remove an immobilisation device fixed to a motor vehicle in accordance with provision made by virtue of sub-paragraph (1) above in contravention of such provision is guilty of an offence.

            (4) A person who intentionally obstructs a person exercising any power conferred on him by provision made by virtue of sub-paragraph (1) above is guilty of an offence.

            (5) A person guilty of an offence under sub-paragraph (2) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

            (6) A person guilty of an offence under sub-paragraph (3) or (4) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.".'.


   

Mr Secretary Prescott

247

Page     194,     line     37     [Schedule     12],     at end insert—

    '( ) In that sub-paragraph, in the definition of "net proceeds", for the words from ", means" to the end substitute "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;".'.

   

Mr Secretary Prescott

248

Page     194,     line     40     [Schedule     12],     at end insert—

    '( ) For sub-paragraph (2) substitute—

            (2) For the purposes of this Schedule—

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

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

            and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.".'.


   

Mr Secretary Prescott

249

Page     195,     line     10     [Schedule     12],     leave out 'to (5)' and insert 'and (3)'.

   

Mr Secretary Prescott

250

Page     195,     line     11     [Schedule     12],     leave out 'and costs'.

   

Mr Secretary Prescott

251

Page     195,     line     12     [Schedule     12],     leave out '(3)' and insert '(3)(b)'.

   

Mr Secretary Prescott

252

Page     195,     line     12     [Schedule     12],     at end insert—

            '(5) Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a licensing scheme—

            (a) the costs of the inquiry shall be paid by the licensing authority; and

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

   

Mr Secretary Prescott

253

Page     195,     line     22     [Schedule     12],     at end insert—

    'In paragraph 17(3) and (4) (exemptions, reduced rates etc.), after "(2) above" insert "and to paragraphs 7 and 9 above".'.

   

Mr Secretary Prescott

254

Page     195,     line     37     [Schedule     12],     leave out 'In paragraph 21(5)(b) (dealing with surpluses)' and insert—

    '(1) Paragraph 21 (accounts and funds) is amended as follows.

    (2) In sub-paragraphs (1) and (2), for "of their income and expenditure in respect of" substitute "relating to".

    (3) In sub-paragraph (3)—

      (a) for the words from the beginning to "each" substitute "Each", and

      (b) for "that year" substitute "each financial year".

    (4) After that sub-paragraph insert—

            "(4A) Regulations may make further provision relating to—

            (a) accounts required to be kept under sub-paragraph (1) or (2) (including provision requiring or allowing the keeping of consolidated accounts relating to more than one licensing scheme), and

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

    (5) In sub-paragraph (5)(b)'.

 
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