S.C.D.
Amendment Paper as at
Thursday 13th February 2003
STANDING COMMITTEE D
RAILWAYS AND TRANSPORT SAFETY BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [4th February].
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 Don Foster
Tom Brake
78
Clause 59, page 24, line 7, after 'Executive', insert—
| '( ) | employees in railway services and trade unions related to railway services'. |
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
76
Clause 75, page 31, line 10, at end insert—
| '(d) | a person whose primary and main function is the command of a vessel carrying passengers for a fee.'. |
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.'. |
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
74
Clause 77, page 31, line 38, after 'person', insert ', subject to their being in a position to pose a substantial safety risk,'.
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
75
Clause 77, page 32, line 10, at end insert 'after consultation with relevant trade associations and recreational boat user groups.'.
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
73
Clause 77, page 32, line 11, at beginning insert 'Subject to consultation with the relevant select committees of both Houses of Parliament and relevant trade associations and recreational boat user groups,'.
Mr Don Foster
Mr Tom Brake
Mr John Barrett
9
Clause 78, page 32, line 17, leave out subsection (1) and insert—
'(1) The prescribed limit for alcohol for the purposes of this part is—
| (a) | in the case of breath, 22 microgrammes of alcohol in 100 millilitres, |
| (b) | in the case of blood, 50 milligrammes of alcohol in 100 millilitres, |
| (c) | in the case of urine, 100 milligrammes of alcohol in 100 millilitres.'. |
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
77
Clause 83, page 35, line 34, after 'ship', insert ', including privately-owned recreational vessels,'.
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
50
Clause 85, page 36, line 20, at end add—
'(7) The organisations consulted in accordance with subsection (6) shall include representatives of the employers, ship-owning companies, the British Chamber of Shipping and the Maritime Trade Unions.'.
Mr Don Foster
Tom Brake
68
Clause 92, page 39, line 26, at end insert 'or
| (c) | to have his licence medically suspended and ordered to undertake a course of treatment and rehabilitation.'. |
Mr Don Foster
Tom Brake
69
Clause 95, page 41, line 35, at beginning insert, 'A plain clothes constable, a designated appointee of a testing unit or'.
Mr Don Foster
Tom Brake
70
Clause 95, page 42, line 1, at beginning insert, 'A plain clothes constable, a designated appointee of a testing unit, or'.
Mr Don Foster
Mr Tom Brake
Mr John Barrett
13
Clause 95, page 42, line 7, at end add—
| '(c) | in doing so must not endanger the safety of the aircraft and those persons on board.'. |
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
52
Schedule 6, page 65, leave out lines 12 to 17.
Mr John Spellar
42
Clause 108, page 47, leave out from line 41 to end of line 2 on page 48.
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
60
Clause 108, page 48, line 3, at end insert—
'(4A) Offences under section [Aviation Offences] shall have effect in relation to the offences committed or alleged to have been committed after the end of the period of two months beginning with the date on which this Act is passed.'.
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall
28
Clause 110, page 48, line 27, leave out 'and' and insert 'Road, Aviation and Maritime,'.
REMAINING NEW CLAUSES
Prescribed limit
Mr Don Foster
Tom Brake
Mr John Barrett
NC1
To move the following Clause:—
'(1) The prescribed limit of alcohol for a driver of a motor vehicle on the road or other public place is—
| (a) | in the case of breath, 22 microgrammes of alcohol in 100 millilitres, |
| (b) | in the case of blood, 50 milligrammes of alcohol in 100 millilitres, and |
| (c) | in the case of urine, 100 milligrammes of alcohol in 100 millilitres.'. |
Requirement for adults to wear adult seat belts
Mr Don Foster
Tom Brake
John Barrett
NC2
To move the following Clause:—
'(1) A person driving or riding in the front or rear seat of—
| (a) | a vehicle constructed or adapted for the delivery of goods or mail to consumer addressees, as the case may be, while engaged in making local rounds or deliveries or collections; |
| (b) | a vehicle while it is taking part in a procession organised by or on behalf of the Crown |
shall wear an adult seat belt.'.
Schedules 1 and 4: sequestration, &c. in Scotland
Mr John Spellar
NC3
To move the following Clause:—
'Where a person becomes, under paragraph 2(cc) of Schedule 1, liable to dismissal or, under paragraph 7(3A) of Schedule 4, ineligible for appointment —
| (a) | by reason that his estate has been sequestrated, he shall cease to be so liable or ineligible— |
| (i) | in the case of the sequestration of his estate being recalled or reduced, on the date of that event; and |
| (ii) | in any other case, on his obtaining a discharge; |
| (b) | by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors, he shall cease to be so liable or ineligible— |
| (i) | in the case of his paying his debts in full, on the date on which the payment is completed; and |
| (ii) | in any other case, at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled.'. |
