S.C.D.

Amendment Paper as at
Tuesday 11th March 2003

STANDING COMMITTEE D

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RAILWAYS AND TRANSPORT SAFETY BILL

NOTE

The Amendments have been arranged in accordance with the Order of the Committee [4th February].

   

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,'.

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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.'.

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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,'.

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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.'.

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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)—

    "36A Maritime 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."'.

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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."'.

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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).'.

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Prepared 11 Mar 2003