Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
414
Page 119, line 7 [Clause 201], leave out 'him' and insert 'the Authority'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
415
Page 119, line 8 [Clause 201], leave out from 'State' to end of line 15.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
416
Page 119, line 24 [Clause 202], leave out 'is reasonable' and insert 'shall be commensurate with the contravention and with the turnover and profitability of the relevant operator provided that the appropriate authority is satisfied that such an imposition will help fulfill the general duties set out in section 4 of this Act.'.
Mr Secretary Prescott
257
Page 119, line 25 [Clause 202], at end insert—
'(3) No penalty may be imposed in respect of any contravention of a final or provisional order if provision was made in the order by virtue of section 55(7A) above in relation to the contravention.
| Statement of policy. | 57AA.'.
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Mr Secretary Prescott
258
Page 119, line 38 [Clause 202], leave out ', is being or is likely to be' and insert 'or is being'.
Mr Secretary Prescott
259
Page 120 [Clause 202], leave out lines 15 to 18 and insert—
'( ) This section applies in relation to sums required to be paid by virtue of section 55(7A) above as to penalties, but as if—
(a) references to the imposition of penalties were to the inclusion in an order of a requirement to pay a sum;
(b) references to relevant conditions or requirements were omitted; and
(c) the reference in subsection (4)(b) above to anything which has been or is being done included a reference to anything which is likely to be done.'.
Mr Secretary Prescott
260
Page 120, line 27 [Clause 202], leave out 'or would constitute'.
Mr Secretary Prescott
261
Page 121, line 29 [Clause 202], leave out 'or would constitute'.
Mr Secretary Prescott
262
Page 125, line 29 [Clause 205], at end insert—
'(7C) The Secretary of State may, after consultation with the Rail Passengers' Council, make an order providing that the duties imposed by this section apply to services of a particular class or description, particular services or services provided by a particular person—
(a) only to such extent as is specified by the order; or
(b) with such modifications as are so specified.".'.
Mr Secretary Prescott
263
Page 126, line 2 [Clause 205], at end insert—
'(9C) The Secretary of State may, after consultation with the Rail Passengers' Council, make an order providing that the duties imposed by this section apply to services of a particular class or description, particular services or services provided by a particular person—
(a) only to such extent as is specified by the order; or
(b) with such modifications as are so specified.".'.
Mr Bernard Jenkin
Mr Robert Syms
Mr Peter Atkinson
417
Page 127, line 1, leave out Clause 208.
Mr Secretary Prescott
312
Page 127, line 3 [Clause 208], leave out 'below' and insert 'or 22C below or Schedule 4A to this Act'.
Mr Secretary Prescott
313
Page 127 [Clause 208], leave out lines 47 to 49.
Mr Secretary Prescott
314
Page 129, line 11 [Clause 208], after '22C' insert—
'.—(1) The Regulator may give directions requiring the parties to an access agreement to make to the access agreement amendments which are, in his opinion, necessary to give effect to the conditions of a licence or otherwise required in consequence of the conditions of a licence.
(2) The Regulator shall not have power to direct or otherwise require amendments to be made to an access agreement except in accordance with section 22A above, subsection (1) above or Schedule 4A to this Act.
(3)'.
Mr Secretary Prescott
315
Page 129, line 16 [Clause 208], leave out 'or 22A above' and insert 'above or subsection (2) above'.
Mr Secretary Prescott
264
Page 132, line 15 [Clause 216], at beginning insert—
'(1) Section 84 of the Railways Act 1993 (power of Board to form companies) shall apply as if facilitating the carrying into effect of, or of any provision made under, sections 194, 195 and 215 and Schedules 17, 18 and 23 were a purpose specified by the Secretary of State under subsection (1)(d) of that section; and section 85 of that Act (power of Board to make transfer schemes) shall apply as if that were a purpose specified in subsection (3)(b) of that section.'.
Mr Secretary Prescott
265
Page 134, line 12 [Clause 218], leave out from 'regulations' to end of line 15 and insert—
'( ) The regulations may provide for such offences to be triable—
(b) either summarily or on indictment.
( ) The regulations may provide for an offence triable only summarily to be punishable on conviction with a fine not exceeding—
(a) level 5 on the standard scale, or
(b) such lower amount as may be prescribed.
( ) The regulations may provide for an offence triable either summarily or on indictment to be punishable—
(a) on summary conviction, with a fine not exceeding the statutory maximum or such lower amount as may be prescribed, or
(b) on conviction on indictment, with a fine.'.
Mr Secretary Prescott
Transfer Clause 220 to end of line 4 on page 133.
Mr Secretary Prescott
317
Page 135, line 31, leave out Clause 221.
Mr Secretary Prescott
318
Page 135, line 42, leave out Clause 222.
Mr Secretary Prescott
319
Page 201, line 18 [Schedule 13], at end insert—
'Taxation
13A.—(1) The Secretary of State may make regulations for the purpose of eliminating, or reducing to such extent as may be prescribed, the Authority's liability to tax in respect of—
(a) income and chargeable gains, or
(b) any prescribed class of income or chargeable gains.
(2) The regulations may, in particular, provide—
(a) for any elimination or reduction of liability to tax conferred by virtue of sub-paragraph (1) to be subject to prescribed conditions (including conditions requiring prescribed activities of the Authority to be carried out by persons other than the Authority), and
(b) for transactions entered into by the Authority not to be invalidated merely by reason of a contravention of any such conditions.
(3) The regulations may—
(a) for purposes connected with any elimination or reduction of liability to tax conferred by virtue of sub-paragraph (1), apply or modify any provision made by or under the Corporation Tax Acts (including provision made by Schedule (Transfers: Tax)),
(b) make different provision for different cases, and
(c) include such incidental, consequential, supplementary and transitional provision and savings as the Secretary of State may consider appropriate.
(4) Regulations under this paragraph—
(a) shall be made by statutory instrument, and
(b) require the consent of the Treasury.
(5) No regulations shall be made under this paragraph unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, the House of Commons.'.
Mr Secretary Prescott
266
Page 204, line 20 [Schedule 13], at end insert—
'Freedom of Information Act 2000 (c.00)
. In Part VI of Schedule 1 to the Freedom of Information Act 2000 (public authorities), insert (at the appropriate place in alphabetical order)—
The Strategic Rail Authority.".'.
Mr Secretary Prescott
320
Page 217, line 28 [Schedule 15], leave out paragraph 61 and insert—
'61. For section 196 (power of Greater London Authority to give instructions or guidance to Franchising Director) and the heading before it substitute—
"The Authority and the Strategic Rail Authority
| Power of Authority to give directions and guidance to Strategic Rail Authority. | 196.—(1) The Authority may give directions and guidance to the Strategic Rail Authority in relation to the provision of railway services in Greater London.
(2) It is immaterial for the purpose of giving directions and guidance under subsection (1) above whether implementation of the directions and guidance affects railway services outside Greater London.
(3) The Strategic Rail Authority shall exercise its functions in the manner best calculated to implement any directions and guidance given to it by the Authority (but subject to subsections (4) and (5) below).
(4) The Strategic Rail Authority shall not implement any directions or guidance given to it by the Authority if or to the extent that to do so would prevent or seriously hinder the Strategic Rail Authority—
(a) from complying with any directions given to it by the Secretary of State under section 184(5) of the Transport Act 2000 or from having regard to any guidance so given; or
(b) from exercising any of its functions in a manner which is consistent with its financial framework.
(5) The Strategic Rail Authority need not implement any directions or guidance given to it by the Authority if or to the extent that to do so would—
(a) have an adverse effect on the provision of services for the carriage of passengers or goods by railway outside Greater London; or
(b) increase the amount of any expenditure of the Strategic Rail Authority under agreements or other arrangements entered into (in accordance with a franchise agreement) with the franchise operator, the franchisee or any servant, agent or independent contractor of the franchise operator or franchisee.
(6) If the Strategic Rail Authority decides not to implement any directions or guidance given to it by the Authority, whether generally or in a particular case, it shall give the Authority notification of the decision and its reasons for it.
(7) The directions and guidance which may be given under this section are—
(a) directions and guidance as to the manner in which the Strategic Rail Authority is to exercise its functions in order to comply with section 184(1) to (3) of the Transport Act 2000, and
(b) directions to the Strategic Rail Authority not to exercise any of its functions in a particular manner (or not to do so without consulting, or obtaining the consent of, the Authority),
in relation to the provision of services for the carriage of passengers by railway or the operation of additional railway assets under or by virtue of any franchise agreement or any provision of sections 30 and 37 to 49 of the Railways Act 1993.
(8) The functions of the Authority under this section shall be exercisable by the Mayor acting on behalf of the Authority.
(9) Expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part.".'.
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