Vote Bundle Text (900510-02)

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

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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'.

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—

(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—

(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—

(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—

(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.".'.