Amendment Paper as at
Wednesday 10th May 2000
CONSIDERATION OF BILL
TRANSPORT BILL, AS AMENDED
NOTE
The Amendments have been arranged in accordance with the Order of 9th May.
NEW CLAUSES 28 AND 30
Use of receipts from charging schemes
Mr Bernard Jenkin
Mr Peter Atkinson
NC28
To move the following Clause:—
'Moneys collected under a charging scheme shall be used soley and exclusively for the purpose of improving roads and public transport for the benefit of those who are subject to the charge.'.
Use of receipts from licensing schemes
Mr Bernard Jenkin
Mr Peter Atkinson
NC30
To move the following Clause:—
'Moneys collected under a licensing scheme shall be used solely and exclusively for the purpose of reducing the business rates on those premises in the area where workplace parking spaces are subject to a licensing scheme.'.
OTHER NEW CLAUSES RELATING TO PART III
Charging schemes: restrictions on making and on confirmation
Mr Bernard Jenkin
Mr Peter Atkinson
NC29
To move the following Clause:—
'.—(1) A charging scheme (except for a trunk road charging scheme) shall only be made if at least 75 per cent. of the members of the relevant charging authority or authorities have voted in favour of the resolution or resolutions to make such a scheme.
(2) A charging scheme referred to in subsection (1) above shall only remain in force subject to annual confirmation by the relevant charging authority or authorities.
(3) Any confirmation by the Secretary of State under section 147 shall be subject to affirmative resolution of both Houses of Parliament.'.
Licensing schemes: restrictions on making and on confirmation
Mr Bernard Jenkin
Mr Peter Atkinson
NC31
To move the following Clause:—
'(1) A licensing scheme shall only be made if at least 75 per cent. of the members of the relevant licensing authority or authorities have voted in favour of the resolution or resolutions to make such a scheme.
(2) A licensing scheme referred to in subsection (1) above shall only remain in force subject to annual confirmation by the relevant licensing authority or authorities.
(3) Any approval by the Secretary of State under section 161 shall be subject to affirmative resolution of both Houses of Parliament.'.
AMENDMENTS RELATING TO PART III
Mr Bernard Jenkin
Mr Peter Atkinson
405
Page 82, line 27 [Clause 141], leave out 'or keeping'.
Mr Bernard Jenkin
Mr Peter Atkinson
406
Page 84, line 37 [Clause 147], 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.',
Mr Don Foster
Mr Michael Moore
145
Page 85 [Clause 148], leave out lines 30 to 34 and insert 'may direct the relevant charging authority or authorities to re-examine specified particulars of a charging scheme under this Part, or the variation or revocation of such a scheme.'.
Mr Secretary Prescott
214
Page 85, line 45 [Clause 148], leave out 'to (5)' and insert 'and (3)'.
Mr Secretary Prescott
215
Page 85, line 46 [Clause 148], leave out 'and costs'.
Mr Secretary Prescott
216
Page 85, line 47 [Clause 148], at end insert—
'(7) Where an inquiry is held by virtue of this section in relation to a charging scheme, or the variation or revocation of such a scheme, the costs of the inquiry shall be paid—
(a) in the case of a trunk road charging scheme made by virtue of section 145(2)(b), by the local traffic authority which requested the making of the scheme (or Transport for London, if it did), and
(b) in any other case, by the charging authority or authorities;
and the parties at the inquiry shall bear their own costs.'.
Mr Secretary Prescott
217
Page 87, line 1 [Clause 150], after '(1)' insert 'and to section 147(1) and (3)'.
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.'.
