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Amendment Paper as at
Monday 31st March 2003

CONSIDERATION OF BILL


RAILWAYS AND TRANSPORT SAFETY BILL, AS AMENDED

NEW CLAUSES

Annual report

   

Mr Secretary Darling
Mr Don Foster
Mr Tom Brake

NC6

To move the following Clause:—

    '(1)   The Secretary of State shall make regulations requiring the Chief Inspector of Rail Accidents to produce once in each calendar year a report in connection with the activities of the Rail Accident Investigation Branch.

    (2)   Regulations under subsection (1) may, in particular, make provision about—

      (a) timing of reports;

      (b) content of reports;

      (c) publication and other treatment of reports.'.

As Amendments to Mr Secretary Darling's proposed New Clause (NC6) (Annual Report):—

   

Mr Don Foster
Tom Brake

(a)

Line     9,     at end insert—

    '(3)   Regulations under subsection (1) shall, in particular, make provision about the rail industry's progress in implementing the recommendations which the Rail Accident Investigation Branch makes.'.

   

John McDonnell

(b)

Line     9,     at end insert—

    '(d)   those bodies and individuals with whom the Railways Accident Investigation Branch must consult in the preparation of a report.'.


Conditions of service: Transport Police Conference

   

Mr Secretary Darling

NC7

To move the following Clause:—

    '(1)   This section applies to action of any of the following kinds—

      (a) the making by the Authority of regulations under section 34, 35 or 36 about the conditions of service of constables, special constables or cadets,

      (b) the making by the Secretary of State of regulations under section 40 about the conditions of service of constables, special constables or cadets,

      (c) the issuing by the Secretary of State of a document under section 27,

      (d) the taking by the Authority of a decision about the conditions of service of constables, special constables or cadets, and

      (e) the taking by the Secretary of State of a decision about the conditions of service of constables, special constables or cadets.

    (2)   Before taking action to which this section applies the Authority or the Secretary of State shall invite the British Transport Police Federation to nominate a number of individuals, not fewer than two nor more than five, to meet with an equal number of individuals nominated by the Authority to discuss the action proposed.

    (3)   Where a group is nominated under subsection (2) the person proposing to act shall, before acting—

      (a) give the group an opportunity to make recommendations about the proposed action, and

      (b) have regard to any recommendation made.

    (4)   Where the person proposing to act thinks that a group nominated under subsection (2) is unable to agree recommendations about the proposed action he shall, before acting—

      (a) give the group an opportunity to nominate an individual who is not part of the group to make recommendations about the proposed action,

      (b) give any person nominated by the group an opportunity to make recommendations about the proposed action, and

      (c) have regard to any recommendation made.

    (5)   Where the person proposing to act thinks that a group nominated under subsection (2) is unable to agree a nomination under subsection (4)(a)—

      (a) the Secretary of State may nominate a person to make recommendations about the proposed action, and

      (b) the person proposing to act shall, before acting—

      (i) give any person nominated under paragraph (a) an opportunity to make recommendations about the proposed action, and

      (ii) have regard to any recommendation made.

    (6)   In subsections (4) and (5) a reference to agreement of a group nominated under subsection (2) is a reference to the agreement of—

      (a) a majority of the individuals nominated by the British Transport Police Federation, and

      (b) a majority of the individuals nominated by the Authority.

    (7)   In this section a reference to conditions of service includes a reference to any terms and conditions of employment (including pay and hours of duty).'.


Interpretation: enactment

   

Mr Secretary Darling

NC8

To move the following Clause:—

       'In this Act "enactment" includes—

      (a) an Act of the Scottish Parliament,

      (b) an instrument made under an Act of the Scottish Parliament, and

      (c) Northern Ireland legislation.'.


Part 4: Crown application, &c.

   

Mr Secretary Darling

NC9

To move the following Clause:—

    '(1)   This Part shall not apply to a member of Her Majesty's naval forces, military forces or air forces, within the meaning given by section 225(1) of the Army Act 1955 (c. 18), while acting in the course of his duties.

    (2)   Subject to subsection (1), this Part shall apply to a person in the service of the Crown.

    (3)   But section 81 shall not have effect in relation to a ship which—

      (a) is being used for a purpose of Her Majesty's forces, or

      (b) forms part of the Royal Fleet Auxiliary Service.

    (4)   This Part shall not apply to—

      (a) a member of a visiting force, within the meaning which that expression has in section 3 of the Visiting Forces Act 1952 (c.67) by virtue of section 12(1) of that Act, while acting in the course of his duties, or

      (b) a member of a civilian component of a visiting force, within that meaning, while acting in the course of his duties.'.


Snow and ice

   

Mr Secretary Darling

NC10

To move the following Clause:—

    'After section 41(1) of the Highways Act 1980 (c.66) (duty of highway authority to maintain highway) insert—

          "(1A)   In particular, a highway authority is under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice."'.


Code of Practice: British Transport Police and others

   

Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
John Randall

NC1

To move the following Clause:—

       'The Secretary of State shall issue a code of practice setting out the relationship between the British Transport Police, airport police, and Home Office police forces and security officers operating at airports and seaports.'.


Prescribed limits

   

Mr Don Foster
Tom Brake

NC2

To move the following Clause:—

    '( )   The Road Traffic Act 1988 (c. 52) shall be amended as follows—

      (a) In section 11(2):

            (i)   in (a) leave out "35" and insert "22";

            (ii)   in (b) leave out "80" and insert "50"

            (iii)   in (c) leave out "107" and insert "67";

      (b) In section 8(2) leave out "50" and insert "35";.


Clearance of snow and ice

   

Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh

NC3

To move the following Clause:—

       'Highways authorities shall take such steps as they consider reasonable to prevent snow and ice endangering the safe passage of pedestrians and vehicles over public roads.'.


Rail freight facilities grants and track access grants

   

Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh

NC4

To move the following Clause:—

    'Rail freight facilities grants and track access grants will be reinstated by the Secretary of State for the financial year 2003-04.'.


Annual report on road safety statistics

   

Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr Robert Syms

NC11

To move the following Clause:—

    '.—(1)   The Secretary of State shall prepare and lay before Parliament an annual report on the incidence and causes of major road traffic accidents that have occurred in the preceding 12 months.

    (2)   For the purposes of this section "major road traffic accident" shall mean any road traffic accident involving a fatality or a serious injury likely to lead to permanent disability.

    (3)   A report under subsection (1) shall include—

      (a) a summary and analysis of the statistics collected by the relevant bodies responsible for road safety or for investigating road traffic accidents, and

      (b) an assessment of those statistics for improving the safety of road design.'.


Rail Accident Investigation Branch: Sub-contracting

   

Mr Don Foster
Tom Brake

NC12

To move the following Clause:—

       '.—The Rail Accident Investigation Branch shall not use in an investigation contractors or sub-contractors whose actions prior to that investigation could reasonably be expected to be referred to in the conclusions of that investigation.'.


Security at aerodromes

   

Mr Don Foster
Tom Brake

NC13

To move the following Clause:—

       'The following provision shall be inserted in the National Aviation Security Programme—

       "Any person who, holds full security clearance, including counter-terrorism clearance (CTC) and is permitted to have access to a restricted zone of an aerodrome for the purposes of the activities of a business carried on by him, is allowed to escort into and supervise in any part of the restricted zone only one other person who is in the restricted zone for the purposes of the activities of business, and who is awaiting full security clearance, including counter-terrorism clearance.'.

Peer intervention programme

   

Mr Tim Collins
Mr Christopher Chope
Miss Anne McIntosh
Mr Robert Syms

NC14

To move the following Clause:—

       'The Secretary of State will place a duty on the Civil Aviation Authority to introduce a peer intervention programme in respect of drink and drugs misuse by those employed in the civil aviation industry.'.



 
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Prepared 31 Mar 2003