S.C.D.
Amendment Paper as at
Thursday 6th February 2003
STANDING COMMITTEE D
New Amendments handed in are marked thus *
RAILWAYS AND TRANSPORT SAFETY BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [4th February].
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
16
Clause 10, page 6, line 32, at end insert 'Accident reports such as those conducted in the event of a road accident should be completed by the relevant investigators acting under the provision of this Bill, ensuring greater transparency and security across all modes of travel.'.
Mr John Spellar
23
Clause 12, page 7, line 12, leave out 'and orders'.
Mr John Spellar
24
Clause 12, page 7, line 17, leave out 'and orders'.
Mr John Spellar
25
Clause 12, page 7, line 17, at end insert
'( ) Regulations under section 1(2) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.'.
Mr John Spellar
26
Clause 12, page 7, line 18, at beginning insert 'Other'.
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
20
Clause 12, page 7, line 18, leave out from 'be' to end of line 19 and insert 'laid before and approved by a resolution of each House of Parliament.'.
NEW CLAUSES RELATING TO PART 1
Eurotunnel
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
NC5
To move the following Clause:
'(1) Part 1 shall not apply to Eurotunnel. Any channel tunnel accident investigation should be undertaken by the body established under subsection 2 below.
(2) An international body shall be established to investigate accidents in the channel tunnel'.
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
27
Schedule 1, page 49, line 12, at end insert
'(2A) In appointing members, the Secretary of State will have regards to regional representation.'.
Mr John Spellar
43
Schedule 1, page 49, line 21, at end insert
"(cc) has had his estate sequestrated in Scotland or, under Scots law, has made a composition or arrangement with, or granted a trust deed for, his creditors,".
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
53
Clause 15, page 7, line 35, at end insert
'(3) The main functions of the Office of Rail Regulation will be the regulation of the monopoly and dominant elements of Network Rail. The Office of Rail Regulation will:¸
(a) | set the contractual and financial framework within which Network Rail works to maintain, renew and expand the network; |
(b) | ensure that Network Rail's income, a combination of private finance and public subsidy set by the Office of Rail Regulation, is spent on the right things at the right times; and |
(c) | approve agreements governing the terms and conditions by which train operators gain access to the track and infrastructure and licenses all operators'. |
NEW CLAUSES RELATING TO PART 2
Coordination between Health and Safety Executive and the Office of Rail Regulation
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
NC18
To move the following Clause:
'The Memorandum of Understanding between the Health and Safety Executive and the Office of Rail Regulation shall be replaced by a new memorandum, the purpose of which is to promote effective coordination of the regulatory orders of each body and cooperation between them.'.
Mr Don Foster
Mr Tom Brake
Mr John Barrett
6
Schedule 4, page 57, line 7, at end insert
'(g) at least one person each who has knowledge of and experience in relation to the interests of
(i) | employees in railway services, and |
(ii) | trade unions related railways services.'. |
Mr John Spellar
44
Schedule 4, page 58, line 20, at end insert
'(3A) A person shall not be eligible for appointment as a member of the Authority if his estate has been sequestrated in Scotland or if, under Scots law, he has made a composition or arrangement with, or granted a trust deed for, his creditors.'.
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
54
Clause 19, page 8, line 35, after 'expenses of the', insert 'British Transport'.
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
55
Clause 19, page 8, leave out line 36.
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
56
Clause 20, page 9, line 2, after 'Constable of the', insert 'British Transport'.
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
57
Clause 20, page 9, line 30, after 'Constable of the', insert 'British Transport'.
Mr John Spellar
36
Clause 23, page 11, line 22, leave out 'special'.
Mr Don Foster
Mr Tom Brake
Mr John Barrett
11
Clause 29, page 13, line 8, at end insert
'(h) | where assistance is requested by a local police force.'. |
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
58
Clause 29, page 13, line 8, at end insert
'(h) and in the vicinity of the sites specified above.'.
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
59
Clause 29, page 13, line 9, after 'forms part of', insert 'or is in the vicinity of.'.
Mr John Spellar
37
Clause 42, page 18, line 6, at end insert '(including in relation to Scotland)'.
Mr John Spellar
38
Clause 43, page 18, line 15, at end insert '(including in relation to Scotland)'.
Mr Don Foster
Mr Tom Brake
Mr John Barrett
12
Clause 47, page 19, line 31, at end add
'(e) | consult any other persons as they see fit.'. |
Mr Don Foster
Tom Brake
61
*Clause 49, page 20, line 9, at end insert 'including measures to reduce vandalism'.
Mr Don Foster
Tom Brake
63
*Clause 56, page 22, line 28, after 'crime', insert ', including vandalism,'.
Mr Don Foster
Tom Brake
62
*Clause 56, page 22, line 32, at end insert
'( ) | location of offences committed;'. |
Mr John Spellar
39
Clause 60, page 25, line 1, after 'Scotland', insert
Mr John Spellar
40
Clause 60, page 25, line 4, at end insert ', and
(b) | where an inspection under this section is carried out by inspectors so appointed the references to the Secretary of State in subsection (7) shall be treated as references to the Scottish Ministers.'. |
Mr John Spellar
41
Clause 70, page 28, leave out lines 45 to 47.
Mr John Spellar
45
Schedule 5, page 63, line 30, leave out 'Paragraph 25' and insert 'Paragraphs 6 and 25'.
Mr John Spellar
46
Schedule 5, page 63, line 31, after first 'of' insert 's. 43 of Police (Scotland) Act 1967 and'.
Mr John Spellar
47
Schedule 5, page 64, line 11, at end insert
'( ) sections 11, 12, 17, 42 and 51 of the Police (Scotland) Act 1967 (c.77) (general provisions, &c.),'.
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
48
Clause 75, page 31, line 19, leave out 'fishing vessel' and insert 'ship'.
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
49
Clause 76, page 31, line 36, at end add
'(5) Where a person is charged with an offence under this section in respect of the effect of a drug on his ability to carry out duties on a ship, it is a defence for him to show that
(a) | he took the drug for a medicinal purpose on, and in accordance with, medical advice, or |
(b) | he took the drug for a medical purpose and had no reason to believe that it would impair his ability to carry out his duties.'. |