|Amendments proposed to the Transport Bill, As Amended - continued||House of Commons|
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REMAINING NEW CLAUSESVehicles subject to regulation as private hire vehicles
Mr Secretary Prescott
NC2To move the following Clause:
'.(1) In section 79 of the Public Passenger Vehicles Act 1981 (which provides that a vehicle which is not a public service vehicle because of section 1(3) or (4) of that Act is to be treated as one for the purpose of excluding it from regulation as a private hire vehicle), for "1(3) or (4)" substitute "1(4)".
(2) After that section insert
School crossing patrols
Mr Michael Foster (Worcester)
NC32To 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
NC33To 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.'.
Mr Don Foster
NC34To move the following Clause
'In Section 26 of the Road Traffic Regulation Act 1984
Mr Secretary Prescott
NS1To move the following Schedule:
'Competition test for exercise of bus functions
Functions to which Schedule applies1.(1) The functions to which this Schedule applies are those of
(2) For the purposes of this Schedule an authority proposes (or authorities propose) to exercise a function to which this Schedule applies
Competition test2.(1) For the purposes of this Schedule the exercise or proposed exercise of a function to which this Schedule applies meets the competition test unless it
(2) The exercise or proposed exercise of a function is justified if
(3) The purposes referred to in sub-paragraph (2) are
Applications to Director for decision3.(1) An application may be made to the Director General of Fair Trading (in this Schedule referred to as "the Director") for him to decide whether the exercise or proposed exercise of a function to which this Schedule applies meets the competition test.
(2) An application may be made under this paragraph by
4.(1) If an application is made under paragraph 3 by the authority or authorities by whom a function has been exercised or is proposed to be exercised, it or they must inform any operators of local services who, in the opinion of the authority or authorities, are or are likely to be affected by the exercise of the function that the application has been made.
(2) If an application is made under paragraph 3 by an operator of local services, he must inform the authority or authorities by whom the function has been exercised or is proposed to be exercised that the application has been made.
(3) The Director must arrange for an application made under paragraph 3 to be published in such a way as he thinks most suitable for bringing it to the attention of those likely to be affected by it, unless he is satisfied that it will be sufficient for him to seek information from one or more particular persons.
(4) In determining an application made under paragraph 3, the Director must take into account any representations made to him about the application.
Investigations by Director5. If at any time the Director considers that the exercise or proposed exercise of a function to which this Schedule applies may not meet the competition test, he may conduct an investigation.
6.(1) For the purposes of an investigation under paragraph 5 the Director may require any person
which he considers relates to any matter relevant to the investigation.
(2) The power conferred by sub-paragraph (1) is to be exercised by a notice in writing indicating the subject matter and purpose of the investigation; and in this paragraph "specified" means
(3) Information required to be provided sub-paragraph (1) shall be provided in the specified manner and form.
(4) The power conferred by sub-paragraph (1) to require a person to produce a document includes power
(5) In this paragraph "information" includes estimates and forecasts.
7.(1) If a person refuses or fails to comply with a notice under paragraph 6, the Director may certify that fact in writing to the High Court which may enquire into the case.
(2) If after hearing
the High Court is satisfied that the person did not have a reasonable excuse for refusing or failing to comply with the notice, the High Court may punish him as if he had been guilty of contempt of court.
8.(1) A person shall not be required under paragraph 6 to produce or disclose a privileged communication.
(2) In sub-paragraph (1) "privileged communication" means a communication
which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege.
9.(1) No information which
is to be disclosed during the lifetime of that individual or while that business continues to be carried on, unless the condition mentioned in sub-paragraph (2) is satisfied.
(2) The condition is that consent to the disclosure has been obtained from
(3) Sub-paragraph (1) does not apply to a disclosure of information
(4) If information is disclosed to the public in circumstances in which the disclosure does not contravene sub-paragraph (1), that sub-paragraph does not prevent its further disclosure by any person.
(5) A person who contravenes this paragraph is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
10. Before the Director, as the result of an investigation under paragraph 5, makes a decision that the exercise or proposed exercise of a function does not meet the competition test, he must
Decisions11. When the Director makes a decision
he must publish his decision, together with his reasons for making it.
12. If the Director has determined an application under paragraph 3 by making a decision that the exercise or proposed exercise of a function to which this Schedule applies meets the competition test, he is to take no further action under this Schedule with respect to it unless
Enforcement of decisions13.(1) If the Director has made a decision that the exercise or proposed exercise of a function to which this Schedule applies does not meet the competition test, he may give to the authority or authorities by which it was or was to be exercised such directions as he considers appropriate.
(2) A direction under sub-paragraph (1) may (in particular)
(3) A direction under sub-paragraph (1) must be given in writing.
(4) If an authority fails, without reasonable excuse, to comply with a direction under sub-paragraph (1), the Director may apply to the High Court for an order requiring the authority to comply with the direction within a time specified in the order.
(5) An order under sub-paragraph (4) may provide for all of the costs of, or incidental to, the application for the order to be borne by the authority.
False or misleading information14.(1) If information is provided by a person to the Director in connection with his functions under this Schedule, the person is guilty of an offence if
(2) If a person
knowing that the information is to be used for the purpose of providing information to the Director in connection with his functions under this Schedule, the person is guilty of an offence.
(3) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defamation15. For the purposes of the law relating to defamation, absolute privilege attaches to any decision made or notice given by the Director in the exercise of any of his functions under this Schedule.
Fees16.(1) The Director may charge fees in connection with the exercise by him of any of his functions under this Schedule.
(2) Different fees may be charged in connection with different functions and in different circumstances.
(3) An application under paragraph 3 is not to be regarded as duly made unless any appropriate fee is paid.'.
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