S.C.D.
Amendment Paper as at
Thursday 27th 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 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
John Randall
85
Clause 75, page 31, line 7, after 'to', insert 'any person employed in any capacity aboard a vessel, including'.
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
John Randall
84
Clause 77, page 32, line 3, at end insert
'(1A) For the purposes of subsection (1) a ship includes a vessel used in a private capacity for sport or leisure purposes.'.
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 John Spellar
79
Clause 88, page 37, line 20, leave out subsection (2).
Mr John Spellar
80
Clause 88, page 37, line 26, at end insert
'( ) Subsection (3) does not affect any rule of law or enactment (including an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament) concerning the right of a constable in Scotland to board a ship or enter any place for any purpose.'.
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
John Randall
88
Clause 90, page 38, line 12, leave out subsection (3).
Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
John Randall
89
Clause 91, page 39, line 7, leave out 'in accordance with the terms of an employment or undertaking' and insert
| 'in accordance with the terms of an employment contract or other obligation'. |
Mr Don Foster
Tom Brake
91
*Clause 92, page 39, line 25, leave out from 'fine' to 'maximum.', and insert
'(i) | to a fine not exceeding the statutory maximum, or |
(ii) | to have his licence suspended and be required to undertake a course of treatment and rehabilitation.'. |
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
90
*Clause 93, page 39, line 41, at end insert
'( ) an accident occurs owing to the presence of an aircraft in a public place and a constable reasonably suspects that the person was at the time of the accident a person to whom section 75, 76 or 77 applied'.
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 John Spellar
81
Clause 99, page 43, line 18, at end insert
'( ) Subsection (4) does not affect any rule of law or enactment (including an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament) concerning the right of a constable in Scotland to board an aircraft or enter any place for any purpose.'.
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
82
Clause 102, page 45, line 11, leave out from 'information)' to end of line 13 and insert 'after "27A above" insert ", by virtue of section 43A(6) below".'.
Mr John Spellar
83
Clause 105, page 46, line 37, leave out 'or class of right,' and insert ', class of right, provision or class of provision,'.
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.'. |