S.C.D.
Amendment Paper as at
Tuesday 4th March 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
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 'conviction' to end of line 26 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
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 Don Foster
Tom Brake
94
*Clause 102, page 44, line 13, at end insert—
'(2A) The Executive is required to consult with all relevant parties with regard to the proposed budget for activity in section 2.
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 Don Foster
Tom Brake
93
Clause 105, page 46, line 19, at end insert—
'( ) This section shall only take effect after consultation with organisations with responsibility for, or an interest in, London's transport and in particular the London Transport Users Committee which shall be renamed London's Transport Users Committee.'.
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 John Spellar
92
Clause 108, page 48, line 10, at end insert—
'( ) Section 105 (and the relevant entry in Schedule 7) shall come into force on the passing of this Act.'.
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
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.'. |
Maritime security services
Mr John Spellar
NC19
To move the following Clause:—
The following shall be inserted after section 36 of the Aviation and Maritime Security Act 1990 (c.31) (security directions: inspection)—
"36AMaritime security services: approved providers (1) In this section "maritime security service" means a process or activity carried out for the purpose of—
| (a) | complying with a requirement of a direction under any of sections 21 to 24, or |
| (b) | facilitating a person's compliance with a requirement of a direction under any of those sections. |
(2) Regulations may provide for the Secretary of State to maintain a list of persons who are approved by him for the provision of a particular maritime security service.
(3) The regulations may—
| (a) | prohibit the provision of a maritime security service by a person who is not listed in respect of that service; |
| (b) | prohibit the use or engagement for the provision of a maritime security service of a person who is not listed in respect of that service; |
| (c) | create a criminal offence; |
| (d) | make provision about application for inclusion in the list (including provision about fees); |
| (e) | make provision about the duration and renewal of entries on the list (including provision about fees); |
| (f) | make provision about training or qualifications which persons who apply to be listed or who are listed are required to undergo or possess; |
| (g) | make provision about removal from the list which shall include provision for appeal; |
| (h) | make provision about the inspection of activities carried out by listed persons; |
| (i) | confer functions on the Secretary of State or on a specified person; |
| (j) | confer jurisdiction on a court. |
(4) Regulations under subsection (3)(c)—
| (a) | may not provide for a penalty on summary conviction greater than a fine not exceeding the statutory maximum, |
| (b) | may not provide for a penalty of imprisonment on conviction on indictment greater than imprisonment for a term not exceeding two years (whether or not accompanied by a fine), and |
| (c) | may create a criminal offence of purporting, with intent to deceive, to do something as a listed person or of doing something, with intent to deceive, which purports to be done by a listed person. |
(5) A direction under any of sections 21 to 24 may—
| (a) | include a requirement to use a listed person for the provision of a maritime security service; |
| (b) | provide for all or part of the direction not to apply or to apply with modified effect where a listed person provides a maritime security service. |
(6) Regulations under this section—
| (a) | may make different provision for different cases, |
| (b) | may include incidental, supplemental or transitional provision, |
| (c) | shall be made by the Secretary of State by statutory instrument, |
| (d) | shall not be made unless the Secretary of State has consulted organisations appearing to him to represent persons affected by the regulations, and |
| (e) | shall be subject to annulment in pursuance of resolution of either House of Parliament."'. |
