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New Clause 17
Authority's duty to continue Board's practice of indexation
'.--(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.'.--[Mr. Robert Ainsworth.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 18
Amendments of pension protection provisions
'.--(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--
"(9) In paragraphs (2), (3), (5), (7)(a) and (b)(i) and (8) references to an occupational pension scheme include a section of such a scheme."
(4) In article 7(4) (payments on transfers), insert at the end (but not as part of sub-paragraph (b))--
"and in this paragraph references to an occupational pension scheme include a section of such a scheme."
(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).'.--[Mr. Robert Ainsworth.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 19
Taxation of transfers
'. Schedule (Transfers: Tax) contains provisions about tax.'.--[Mr. Robert Ainsworth.]
Brought up, read the First and Second time, and added to the Bill.
Clause 184
Amendment made: No. 255, in page 103, line 30, 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. Robert Ainsworth.]
Clause 189
Amendment made: No. 256, in page 106, line 4, leave out--
'that Act, after section 26'
and insert--
'section 26 of that Act (invitations to tender for franchise), after subsection (3) insert--
"(4) The directions which may be given under subsection (1) above (at any time when the Secretary of State considers it inappropriate that the person who is to be the franchisee under a franchise agreement should be selected after an invitation to tender) include--
(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. Robert Ainsworth.]
Clause 200
Amendments made: No. 308, in page 117, line 23, leave out--
'it was given, the applicant'
and insert--
'the direction was given, the applicant for the direction'.
No. 309, in page 117, line 28, after "varied" insert--
'on an application by the applicant for the direction or the Authority'.
No. 310, in page 117, line 29, leave out "it" and insert "the direction".
No. 311, in page 117, line 33, 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
Clause 202
Amendments made: No. 257, in page 119, line 25, 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.'.
No. 258, in page 119, line 38, leave out--
', is being or is likely to be'
and insert "or is being".
No. 259, in page 120, 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.'.
No. 260, in page 120, line 27, leave out "or would constitute".
No. 261, in page 121, line 29, leave out "or would constitute".--[Mr. Robert Ainsworth.]
Clause 205
Amendments made: No. 262, in page 125, line 29, 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.".'.
No. 263, in page 126, line 2, 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. Robert Ainsworth.]
Clause 208
Amendments made: No. 312, in page 127, line 3, leave out "below" and insert--
'or 22C below or Schedule 4A to this Act'.
No. 313, in page 127, leave out lines 47 to 49.
No. 314, in page 129, line 11, 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)'.
No. 315, in page 129, line 16, leave out "or 22A above" and insert--
'above or subsection (2) above'.--[Mr. Robert Ainsworth.]
Clause 216
Amendment made: No. 264, in page 132, line 15, 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. Robert Ainsworth.]
Clause 218
Amendment made: No. 265, in page 134, line 12, leave out from "regulations" to end of line 15 and insert--
'( ) The regulations may provide for such offences to be triable--
(a) only summarily, or
(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. Robert Ainsworth.]
Amendment made: No. 317, in page 135, line 31, leave out Clause 221.--[Mr. Robert Ainsworth.]
Clause 222
Amendment made: Leave out Clause 222.-- [Mr. Robert Ainsworth.]
Schedule 13
Amendments made: No. 319, in page 201, line 18, at end insert--
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.'.
No. 266, in page 204, line 20, at end insert--
. 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. Robert Ainsworth.]
Schedule 15
Amendment made: No. 320, in page 217, line 28, 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--
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.".'. --[Mr. Robert Ainsworth.]
Schedule 16
Amendments made: No. 321, in page 224, line 4, after "section" insert--
'and to section 15A below'.
No. 322, in page 224, line 8, after "section" insert--
'and to section 15A below'.
No. 267, in page 227, line 36, at end insert--
'(3) Before section 47 insert--
"Notification of minor closures to Regulator
46B. The Authority shall notify the Regulator of every determination under section 37(1), 38(2), 39(1), 40(2), 41(1) or 42(2) above that a closure is a minor closure.".'.
No. 268, in page 227, line 48, leave out--
'and every decision that a closure is minor'
and insert--
', every determination under section 37(1), 38(2), 39(1), 40(2), 41(1) or 42(2) above that a closure is a minor closure, every condition imposed under section 37(1), 39(1) or 41(1) above, every general determination under section 46A above and every revocation of a general determination under that section'.--[Mr. Robert Ainsworth.]
Schedule 17
Amendments made: No. 269, in page 230, line 34, leave out "and (1A)".
No. 270, in page 230, line 35, at end insert "and".
No. 271, in page 230, line 36, leave out from "Authority"," to end of line 39.
No. 272, in page 230, line 42, at end insert--
'( ) In subsection (2) (as substituted by section 25(2) of the British Railways Act 1978)--
(a) in paragraph (c), for "Commission" substitute "Authority", and
(b) in paragraph (e), for the words from "which authority" to "is hereby" substitute "which authority any justice or the Chief Constable of the British Transport Police Force is hereby".'.
No. 273, in page 231, leave out lines 25 to 27.
No. 274, in page 232, line 8, at end insert--
' . In paragraph 3(2) of Schedule 10 (power of Secretary of State, after consultation with Board and others, to amend existing scheme for organisation of transport police), for "Board" (in both places) substitute "Authority".'.--[Mr. Robert Ainsworth.]
Schedule 24
Amendments made: No. 323, in page 250, line 47, at end insert--
. Part III of the Transport Act 1980 (railway pensions) has effect subject to the following amendments.
. In section 52A(13) (provisions for final discharge of Secretary of State not to affect liability of Board in respect of relevant pension obligations), for "Board" substitute "Authority".
. In section 52B(10) (provisions for substitution order not to affect liability of Board in respect of relevant pension obligations), for "Board" substitute "Authority".
.--(1) Section 53 (meaning of "relevant pension obligations") is amended as follows.
(2) In subsection (1)--
(a) for "Board which were owed" substitute "Authority which were owed by the Board", and
(b) for "Board arising after the operative date" (in both places) substitute "Authority which arose as an obligation of the Board after the operative date or was never an obligation of the Board".
(3) In subsection (4), for "Board" (in each place) substitute "Authority".
. In section 59(2) (supplementary), for "they" substitute "the Authority (in the case of a scheme established by the Board) or the Corporation".
. In section 60(1) (interpretation), before the definition of "the Board" insert--
""the Authority" means the Strategic Rail Authority;".'.
No. 275, in page 251, line 5, at end insert--
. In paragraph 5 of Schedule 6 to the Channel Tunnel Act 1987 (application of offence provisions), for "the Railways Board" substitute "a successor of the British Railways Board within the meaning of the Railways Act 1993 (Consequential Modifications) (No.2) Order 1999".'.
No. 324, in page 251, line 9, at end insert--
'. In section 9 (licence conditions), after subsection (3) insert--
"(3A) Conditions included in a licence by virtue of subsection (1)(a) above may include provision about any matter which is dealt with (whether in the same or a different manner) by an access agreement.".'.
No. 325, in page 251, line 9, at end insert--
'.--(1) In section 13 (modification references to Competition Commission) is amended as follows.
(2) In subsection (8)(c)(i), for "Director" substitute "Regulator".
(3) In subsection (8A)(a)--
(a) for "and 85" substitute ", 85", and
(b) after "documents)" insert "and 93B (false or misleading information)".'.
No. 326, in page 252, line 41, at end insert--
'(vb) every notice given by or to the Regulator or the Competition Commission under Schedule 4A to this Act;".'.
No. 327, in page 254, line 15, leave out from beginning to "for" in line 16 and insert--
'(1) Schedule 11 (pensions) is amended as follows.
(2) In paragraph 1(1) (interpretation), in paragraph (a) of the definition of "eligible person"--
(a) after "of the Board," insert--
"(ia) the Authority or any subsidiary of the Authority,", and
(b)'.
No. 328, in page 254, line 18, at end insert--
'(3) In paragraphs 3(4) and 4(5), for "after consultation with" substitute "with the consent of".
(4) In paragraph 10(15)(b), for "Board" (in both places) substitute "Authority".
(5) In paragraph 11(10), in the definition of "relevant employer" insert at the end--
"(d) the Authority; or
(e) a wholly owned subsidiary of the Authority.".'.
No. 276, in page 254, line 26, at end insert--
'. The Channel Tunnel Rail Link Act 1996 has effect subject to the following amendments.
. After section 42 insert--
"Strategic Rail Authority as agent of Secretary of State
42A.--(1) The Strategic Rail Authority may do anything which it arranges with the Secretary of State to do on his behalf in connection with any agreement or other arrangement made by him for the purpose of securing the design, construction, financing, maintenance or operation of the rail link or any of the other works authorised by this Part of this Act.
(2) Subsection (1) above--
(a) does not authorise the Strategic Rail Authority to exercise any function conferred or imposed by or by virtue of any enactment, and
(b) is subject to the terms of the agreement or other arrangement.
(3) Sections 184 and 185 of the Transport Act 2000 do not apply to the power conferred by this section.".'.
No. 277, in page 254, line 27, leave out--
'to the Channel Tunnel Rail Link Act 1996'.--[Mr. Robert Ainsworth.]
Schedule 25
Amendments made: No. 278, in page 256, line 29, at end insert--
' . The fact that a statement of policy has not been published by the Secretary of State under section 26(5) of the Railways Act 1993, as inserted by section 189, does not affect the validity of any direction given under section 26(1) of that Act.'.
No. 279, in page 257, line 4, at end insert--
'or
(b) the inclusion in a final or provisional order of any requirement to pay a sum or any determination of the amount of any sum payable in accordance with such an order.'.
No. 329, in page 257, line 9, at end insert--
.--(1) This paragraph applies if, before this Act is passed, notice has been given by the Regulator of his conclusions on an access charges review (within the meaning of Schedule 4A to the Railways Act 1993, as inserted by Schedule (Review of access charges by Regulator) to this Act) but the conclusions have not been implemented.
(2) The conclusions may be implemented after the time by which they are to be implemented in accordance with the access agreement.
(3) The procedure for the implementation of the conclusions shall be as provided for by paragraphs 4 to 16 of Schedule 4A to the Railways Act 1993 (and not as provided for by the access agreement).'.--[Mr. Robert Ainsworth.]
Ordered,
That Clause 220 be transferred to end of line 4 on page 133.--[Mr. Robert Ainsworth.]
New Clause 3
Road traffic reduction strategy
'(1) It shall be the duty of the Secretary of State (in respect of England) or the National Assembly for Wales (in respect of Wales), within one year of the coming into force of this Act, to prepare a strategy specifying an indicative level of road traffic for each year over the next ten years such that by the year 2010, total road traffic miles do not exceed 90 per cent. of the levels which apply on the day when this Act comes into force.
(2) In preparing the strategy the Secretary of State or National Assembly for Wales shall consult such persons as they see fit.
(3) The Secretary of State or the National Assembly for Wales shall as soon as is practicable after its completion publish the strategy and take such steps as are in their opinion necessary to ensure that the indicative levels are met.
(4) The Secretary of State or the National Assembly for Wales shall thereafter report from time to time on the progress of the strategy.
(5) The Secretary of State or the National Assembly for Wales may amend the strategy from time to time as they see fit to ensure that the indicative levels are met.'.--[Mr. Don Foster.]
Brought up, and read the First time.
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