Vote Bundle Text (900510-04)

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

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Authority's duty to continue Board's practice of indexation

Mr Secretary Prescott

NC17

To move the following Clause:—

'.—(1) The Authority shall make provision for increases in pensions and capital sums to which this section applies broadly corresponding to each increase in official pensions under the Pensions (Increase) Act 1971 and section 59 of the Social Security Pensions Act 1975 ("an official pensions increase").

(2) This section applies to a pension or capital sum at any time if—

(a) at that time it is a pension in payment, a deferred pension or capital sum or a pension or capital sum to which a person's future entitlement is contingent on the death of another person, and

(b) the Board either made provision for an increase in it broadly corresponding to an official pensions increase or would have done so if it had been within paragraph (a) at a time when the Board made provision for increases broadly corresponding to an official pensions increase.

(3) But where it was the practice of the Board, when making increases broadly corresponding to an official pensions increase, in any circumstances—

(a) not to make provision for an increase, or

(b) to make provision for an increase of a reduced amount,

subsection (1) does not require the Authority to make in similar circumstances provision for an increase in excess of any for which the Board would have made provision.'.

Amendments of pension protection provisions

Mr Secretary Prescott

NC18

To move the following Clause:—

'.—(1) In paragraph 6(2)(a)(ii) of Schedule 11 to the Railways Act 1993 (power to make order providing for pension rights of protected persons to be no less favourable as a result of a transfer of pension rights), after "rights" insert "(whether made between occupational pension schemes or sections of an occupational pension scheme or otherwise)".

(2) The Railway Pensions (Protection and Designation of Schemes) Order 1994 is amended as follows.

(3) In article 6 (transfers etc.), insert at the end—

(4) In article 7(4) (payments on transfers), insert at the end (but not as part of sub-paragraph (b))—

(5) In article 9 (circumstances in which breaks in continuity of employment are disregarded)—

(a) in paragraph (2), omit ", except to the extent specified in paragraph (3)," and "relevant" (in both places), and

(b) in paragraph (3), for "this article" substitute "paragraph (1)".

(6) In article 11(4) (activities to be regarded as the railway industry)—

(a) after "of Schedule 11 are" insert "the activities of the Authority or any subsidiary of the Authority and activities consisting of", and

(b) for "in each case" substitute "in each of the cases in sub-paragraphs (a) to (d)".

(7) Omit paragraphs 13 and 14 (arbitration).

(8) The amendments made by subsections (3) to (7) shall be treated as if made by an order made under Schedule 11 to the Railways Act 1993 (and, accordingly, may be varied or revoked by an order so made).'.

Taxation of transfers

Mr Secretary Prescott

NC19

To move the following Clause:—

'. Schedule (Transfers: Tax) contains provisions about tax.'.

OTHER AMENDMENTS RELATING TO PART IV

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

410

Page 102, line 26 [Clause 183], at end insert—

'( ) the Secretary of State,'.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

408

Page 102, line 33 [Clause 183], leave out 'directions and'.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

409

Page 102, line 34 [Clause 183], leave out from 'strategies' to end of line 38 and insert 'of a general nature'.

Mr Bernard Jenkin
Mr Robert Syms

459

Page 103, line 19 [Clause 184], leave out 'and'.

Mr Bernard Jenkin
Mr Robert Syms

460

Page 103, line 21 [Clause 184], at end insert 'and

(g) to facilitate the implementation of local transport plans provided for in section 92 of this Act.'.

Mr Secretary Prescott

255

Page 103, line 30 [Clause 184], leave out ', loans or other payments made' and insert 'or other payments or loans made by it, any guarantees given by it and any investment in bodies corporate'.

Mr Don Foster
Mr Michael Moore

458

Page 104, line 11 [Clause 185], leave out 'or with the Authority's financial framework.'.

Mr Don Foster
Mr Michael Moore

457

Page 104, line 18 [Clause 185], at end insert—

'(4) Where the Authority propose not to comply with the direction or guidance of Scottish Ministers they shall notify the Scottish Ministers of this and their reason for so doing.

(5) Where Scottish Ministers do not agree with the reasons given by the Authority for not complying with their directions they may refer the matter to the Secretary of State for decision which he shall issue as a direction under section 184(5).'.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

411

Page 105, line 34, leave out Clause 189.

Mr Secretary Prescott

256

Page 106, line 4 [Clause 189], leave out 'that Act, after section 26' and insert 'section 26 of that Act (invitations to tender for franchise), after subsection (3) insert—

(a) a direction that that person is to be the person specified in the direction; and

(b) a direction requiring the Authority to select that person in such manner as is so specified,

(as well as a direction authorising the Authority to select that person in such other manner as it may consider appropriate).

(5) The Secretary of State shall prepare and publish a statement of policy with respect to directions under subsection (1) above.

(6) The statement shall (in particular) contain the Secretary of State's policy about—

(a) when he will consider giving a direction (including, in particular, when he will consider doing so in relation to a franchise agreement which is to replace an earlier franchise agreement before the end of its franchise term); and

(b) the sorts of direction which he will consider giving in particular circumstances.

(7) In deciding whether to give a direction, and (if so) what direction to give, the Secretary of State shall have regard to the statement of policy.

(8) The Secretary of State—

(a) may at any time alter or replace a statement of policy, and

(b) shall publish the altered or replacement statement.

(9) The Secretary of State shall undertake appropriate consultation when preparing, altering or replacing a statement of policy.

(10) When a statement of policy is prepared, altered or replaced, a copy of the statement shall be laid before each House of Parliament."

( ) After that section'.

Mr Don Foster
Mr Michael Moore

419

Page 111 [Clause 195], leave out line 39 and insert—

( ) 'Provided that before disposing of any land the Authority shall, in consultation with the local transport authority and other interested parties, consider what potential for rail or other sustainable transport related use such land might offer, and protect the land accordingly.'.

Mr Secretary Prescott

308

Page 117, line 23 [Clause 200], leave out 'it was given, the applicant' and insert 'the direction was given, the applicant for the direction'.

Mr Secretary Prescott

309

Page 117, line 28 [Clause 200], after 'varied' insert 'on an application by the applicant for the direction or the Authority'.

Mr Secretary Prescott

310

Page 117, line 29 [Clause 200], leave out 'it' and insert 'the direction'.

Mr Secretary Prescott

311

Page 117, line 33 [Clause 200], at end insert—

'(5) The Regulator may grant an application for the variation or revocation of a direction under section 16A above by the applicant for the direction or the Authority on condition that he or it secures that any such compensation as the Regulator may specify is paid to the person to whom the direction was given in respect of any liabilities incurred, or other things done, by him in complying with the direction.'.

Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson

413

Page 118, line 20 [Clause 201], leave out from beginning to end of line 23.