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

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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)'.


AMENDMENTS 420 AND 412

   

Mr Don Foster
Mr Michael Moore
Mr Archy Kirkwood

420

Page     102,     line     23     [Clause     182],     at end insert—

      '(d) to identify unmet needs for railway services;

      (e) to expand the railway network where appropriate.'.


   

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

412

Page     113,     line      4,     leave out Clause 200.


NEW CLAUSES RELATING TO PART IV

Review of access charges by Regulator

   

Mr Secretary Prescott

NC15

To move the following Clause:—

    '.—(1) In the Railways Act 1993, after section 19 insert—

"Review of access charges by Regulator.19A. Schedule 4A to this Act (which contains provision about the review of access charges by the Regulator) shall have effect."

    (2) After Schedule 4 to that Act insert, as Schedule 4A, the Schedule set out in Schedule (Review of access charges by Regulator) to this Act.'.


Licence modifications following Competition Commission report

   

Mr Secretary Prescott

NC16

To move the following Clause:—

    '.—(1) In section 15 of the Railways Act 1993 (modification of licence conditions following report of Competition Commission), after subsection (4) insert—

            "(4A) Where (after considering any representations or objections which are duly made and not withdrawn) the Regulator or Authority proposes to make or require the making of modifications under this section, he or it shall give notice to the Competition Commission—

            (a) setting out the modifications he proposes to make or it proposes to require to be made; and

            (b) stating the reasons why he proposes to make the modifications or it proposes to require the making of them.

            (4B) The Regulator or Authority shall include with the notice under subsection (4A) above a copy of any representations and objections which have been considered.

            (4C) If the period within which a direction may be given by the Competition Commission under section 15A below expires without such a direction being given, the Regulator or Authority shall make, or require the making of, the modifications set out in the notice given under subsection (4A) above.

            (4D) If a direction is given by the Competition Commission under section 15A(1)(b) below, the Regulator or Authority shall make, or require the making of, such of those modifications as are not specified in the direction."

    (2) After that section insert—

"Competition Commission's power to veto modifications following report.15A.—(1) The Competition Commission may, within the period of four weeks beginning with the day on which they are given notice under section 15(4A) above, give a direction to the Regulator or Authority—

      (a) not to make, or require the making of, the modifications set out in the notice; or

      (b) not to make such of those modifications as are specified in the direction.

    (2) The Secretary of State may, if an application is made to him by the Competition Commission within that period of four weeks, extend the period within which a direction may be given under this section to one of six weeks beginning with the day on which the Competition Commission are given notice under section 15(4A) above.

    (3) The Competition Commission may give a direction under this section only if the modifications to which it relates do not appear to them requisite for the purpose of remedying or preventing the adverse effects specified in their report on the reference under section 13 above.

    (4) If the Competition Commission give a direction under this section, they shall give notice—

      (a) setting out the modifications contained in the notice given under section 15(4A) above;

      (b) setting out the direction; and

      (c) stating the reasons why they are giving the direction.

    (5) A notice under subsection (4) above shall be given—

      (a) by publishing the notice in such manner as the Competition Commission consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the direction; and

      (b) by serving a copy of the notice on the holder of the licence.

Making of modifications by Competition Commission.15B.—(1) If the Competition Commission give a direction under section 15A above, they may themselves make such modifications of the conditions of the licence as appear to them requisite for the purpose of remedying or preventing—

      (a) the adverse effects specified in their report on the reference under section 13 above; or

      (b) such of those adverse effects as would not be remedied or prevented by the modifications made by the Regulator, or required to be made by the Authority, under section 15(4D) above.

    (2) In exercising the function conferred by subsection (1) above, the Competition Commission shall have regard to the matters as respects which duties are imposed on the Regulator by section 4 above.

    (3) Before making modifications under this section, the Competition Commission shall give notice—

      (a) stating that they propose to make the modifications and setting out their effect,

      (b) stating the reasons why they propose to make the modifications, and

      (c) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made,

    and shall consider any representations or objections which are duly made and not withdrawn.

    (4) A notice under subsection (3) above shall be given—

      (a) by publishing the notice in such manner as the Competition Commission consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the modifications; and

      (b) by serving a copy of the notice on the holder of the licence.

    (5) As soon as practicable after making any modifications under this section, the Competition Commission shall send a copy of those modifications to the Regulator, the Authority and the Health and Safety Executive.

Sections 15A and 15B: supplementary.15C.—(1) The provisions mentioned in subsection (2) below are to apply in relation to the exercise by the Competition Commission of their functions under sections 15A and 15B above as if—

      (a) in section 82(1) and (2) of the 1973 Act references to a report of the Competition Commission under that Act were references to a notice under section 15A(4) or 15B(3) above;

      (b) in section 85 of that Act references to an investigation on a reference made to the Competition Commission were references to an investigation by the Competition Commission for the purposes of the exercise of their functions under those sections; and

      (c) in section 93B of that Act references to the functions of the Competition Commission under that Act were references to their functions under those sections.

    (2) The provisions are—

      (a) sections 82(1) and (2) (general provisions as to reports), 85 (attendance of witnesses and production of documents) and 93B (false or misleading information) of the 1973 Act;

      (b) Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission's general functions); and

      (c) section 24 of the 1980 Act (modification of provisions about performance of such functions).

    (3) For the purpose of assisting the Competition Commission in exercising their functions under sections 15A and 15B above, the Regulator and the Authority shall give to the Competition Commission any information in his or its possession which relates to matters relevant to the exercise of those functions and—

      (a) is requested by the Competition Commission for that purpose; or

      (b) is information which, in his or its opinion, it would be appropriate for that purpose to give to the Competition Commission without any such request;

    and any other assistance which the Competition Commission may require, and which it is within his or its power to give, in relation to any such matters.

    (4) For the purpose of exercising those functions, the Competition Commission shall take account of any information given to them for that purpose under subsection (3) above.".'.

 
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