Amendments proposed to the Railways and Transport Safety Bill - continued House of Commons

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Railway security services

   

Mr John Spellar

NC20

To move the following Clause:—

    The following shall be inserted after section 121 of the Railways Act 1993 (c.43) (security: inspection)—

          "121ARailway security services: approved providers    (1)   In this section "railway security service" means a process or activity carried out for the purpose of—

          (a) complying with a requirement of an instruction under section 119, or

          (b) facilitating a person's compliance with a requirement of an instruction under section 119.

          (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 railway security service.

          (3)   The regulations may—

          (a) prohibit the provision of a railway 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 railway 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)   An instruction under section 119 may—

          (a) include a requirement to use a listed person for the provision of a railway security service;

          (b) provide for all or part of the instruction not to apply or to apply with modified effect where a listed person provides a railway 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."'.


Railways in London: information

   

Mr John Spellar

NC23

To move the following Clause:—

    '(1)   The enactments listed in subsection (2) shall not prevent or restrict the provision of information to the Public-Private Partnership Agreement Arbiter appointed under section 225(1) of the Greater London Authority Act 1999 (c.29).

    (2)   Those enactments are—

      (a) section 133 of the Fair Trading Act 1973 (c.41),

      (b) section 174 of the Consumer Credit Act 1974 (c.39),

      (c) section 10 of the Estate Agents Act 1979 (c.38),

      (d) section 19 of the Competition Act 1980 (c.21),

      (e) section 101 of the Telecommunications Act 1984 (c.12),

      (f) section 74 of the Airports Act 1986 (c.31),

      (g) section 38 of the Consumer Protection Act 1987 (c.43),

      (h) section 206 of the Water Industry Act 1991 (c.56),

      (i) section 204 of the Water Resources Act 1991 (c.57),

      (j) section 145 of the Railways Act 1993 (c.43),

      (k) section 55 of the Competition Act 1998 (c.41),

      (l) section 105 of the Utilities Act 2000 (c.27), and

      (m) section 237 of the Enterprise Act 2002 (c. 40).'.


Aviation offences

   

Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall

NC4

To move the following Clause:—

    '(1)   The following shall be inserted after paragraph 11 of Schedule 1A to the Police and Criminal Evidence Act 1984 (c.60) (arrestable offences)—

          "11A   An offence of contravening a provision of an Order in Council under section 60 of that Act (air navigation order) where the offence relates to—

          (a) a provision which prohibits specified behaviour by a person in an aircraft towards or in relation to a member of the crew, or

          (b) a provision which prohibits a person from being drunk in an aircraft, in so far as it applies to passengers."

    (2)   The following shall be inserted at the end of Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (arrestable offences)—

      "(1) an offence of contravening a provision of an Order in Council under section 60 of that Act (air navigation order) where the offence relates to—

      (a) a provision which prohibits specified behaviour by a person in an aircraft towards or in relation to a member of the crew, or

      (b) a provision which prohibits a person from being drunk in an aircraft, in so far as it applies to passengers."

    (3)   The following shall be inserted after section 82(3) of the Anti-terrorism, Crime and Security Act 2001 (c.24) (aviation security: arrest in Scotland without warrant)—

      "(3A) Where, in Scotland, a constable has reasonable grounds for suspecting that a person has committed an offence of contravening a provision of an Order in Council made under section 60 of the Civil Aviation Act 1982 (Air Navigation Orders) and the offence relates to—

      (a) a provision which prohibits specified behaviour by a person in an aircraft towards a member of the crew of the aircraft, or

      (b) a provision which prohibits a person from being drunk in an aircraft, in so far as the provision applies to passengers, the constable may arrest that person without warrant."

    (4)   The following shall be inserted after section 61(2) of the Civil Aviation Act 1982 (c.16) (air navigation order: offence: maximum penalty)—

    "(2A)   Subsection (2)(c) above shall have effect with the substitution of 'five years' for 'two years' in the case of a provision about endangering an aircraft or a person in an aircraft.".'.


Rail Accident Investigation Branch

   

Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr John Randall

NC6

To move the following Clause:—

      '(1) The Rail Accident Investigation Branch may enter into an agreement under this section (to be known as a rail accident service agreement) with any person who provides for the Branch to investigate any incident under the provisions of this Part.

      (2) The Branch may not enter into a rail accident service agreement unless a draft is approved in writing by the Secretary of State after consultation with both Houses of Parliament.'.


The Road Accident Investigation Branch: Establishment

   

Mr Don Foster
Tom Brake

NC7

To move the following Clause:—

    '(1)   The Secretary of State shall appoint persons as inspectors of road accidents.

    (2)   The Secretary of State shall appoint one of the inspectors as the Chief Inspector of Road Accidents.

    (3)   The inspectors appointed under this section may be referred to as the Road Accident Investigation Branch (being a branch of the department of the Secretary of State who appoints them).

    (4)   An inspector of road accidents shall carry out such of the functions of the Road Accident Investigation Branch as may be assigned to him by the Chief Inspector of Road Accidents.'.


The Road Accident Investigation Branch: General aims

   

Mr Don Foster
Tom Brake

NC8

To move the following Clause:—

       'In exercising their functions the Road Accident Investigation Branch shall have regard to the desirability of—

      (a) improving the safety of users of roads, and

      (b) preventing road accidents and road incidents.'.


The Road Accident Investigation Branch: Assistance to others

   

Mr Don Foster
Tom Brake

NC9

To move the following Clause:—

       'The Chief Inspector of Road Accidents may arrange, with the written consent of the Secretary of State, for the Road Accident Investigation Branch to assist any person; in particular, assistance—

      (a) may be provided with or without charge;

      (b) may be provided inside or outside the United Kingdom.'.


The Road Accident Investigation Branch: Investigations

   

Mr Don Foster
Tom Brake

NC10

To move the following Clause:—

    '(1)   The Road Accident Investigation Branch shall investigate any road accident in which there is a fatality

    (2)   In investigating an accident or incident the Branch shall try to determine what caused it.

    (3)   On completion of an investigation the Branch shall report to the Secretary of State.

    (4)   In performing a function in relation to an accident or incident the Branch—

      (a) shall not consider or determine blame or liability, but

      (b) may determine and report on a cause of an accident or incident whether or not blame or liability is likely to be inferred from the determination or report.

    (5)   The Branch may conduct an investigation and report whether or not civil or criminal proceedings are in progress or may be instituted (but this subsection is without prejudice to the operation of the law of contempt of court).

    (6)   The Chief Inspector of Road Accidents may apply to the High Court or the Crown Court for a declaration that the making of a report in connection with a specified accident or incident will not amount to a contempt of court in relation to civil or criminal proceedings which have been or may be instituted in connection with the accident or incident.

    (7)   The Chief Inspector of Road Accidents may reopen an investigation if he believes that significant new evidence may be available.'.



 
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