S.C.A.
Amendment Paper as at
Tuesday 3rd February 2004
STANDING COMMITTEE A
TRAFFIC MANAGEMENT BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee (27th January).
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
38
Clause 39, page 18, line 10, leave out subsection (1).
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
39
Clause 39, page 18, line 14, leave out subsection (2).
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
40
Clause 39, page 18, line 19, leave out 'level 4' and insert 'level 3'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
41
Clause 39, page 18, line 21, leave out 'level 5' and insert 'level 4'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
42
Clause 39, page 18, line 22, leave out subsection (4).
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
51
Clause 39, page 18, line 22, leave out 'and 74A(11)'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
43
Clause 39, page 18, line 30, leave out 'level 4' and insert 'level 3'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
44
Clause 39, page 18, line 31, leave out 'level 5' and insert 'level 4'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
160
Page 18, line 9, leave out Clause 39.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
45
Clause 40, page 18, leave out lines 39 to 41.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
46
Clause 40, page 19, leave out lines 1 to 3.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
47
Clause 40, page 19, leave out lines 4 and 5.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
161
Page 18, line 32, leave out Clause 40.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
48
Clause 41, page 19, line 28, leave out 'the execution of works in the street or'.
Brian White
197
Clause 42, page 20, leave out lines 16 to 18 and insert—
'"(3A) An undertaker shall be taken not to have failed to fulfil any statutory or contractual duty to afford a supply or service if, or to the extent that, his failure is attributable to a direction under this section".'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
204
Clause 42, page 20, line 18, at beginning insert 'solely'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
190
Clause 42, page 20, line 18, at end add—
'(5) After subsection (4) there is inserted—
"Any dispute arising from the interpretation or implementation of this section shall be settled by the arbitration of a person designated by the Secretary of State on appeal by the undertaker.".'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
49
Clause 43, page 20, line 39, at end insert—
| '(ba) | no additional cost would be incurred by the undertaker if the apparatus were to be placed in Street B'. |
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
205
Clause 43, page 21, line 1, leave out 'may' and insert 'must'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
206
Clause 43, page 21, line 9, at beginning insert 'solely'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
207
Clause 43, page 21, line 10, leave out 'may' and insert 'must'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
203
Clause 53, page 26, line 27, after 'may', insert 'reasonably'.
John Thurso
Mr Paul Marsden
191
Clause 53, page 27, line 9, at end insert—
'(6A) A resurfacing notice—
| (a) | shall not have effect for more than three years from the date of its issue; and |
| (b) | shall not cause a contingent liability to be held in the balance-sheet of an undertaker for more than two financial reporting years.'. |
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
162
Page 26, line 21, leave out Clause 53.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
163
Page 28, line 3, leave out Clause 54.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
164
Page 29, line 13, leave out Clause 55.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
198
Clause 56, page 30, line 36, leave out 'annulment in pursuance of a resolution of either' and insert 'an affirmative resolution of each'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
199
Clause 57, page 31, line 15, leave out subsection (6).
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
200
Clause 62, page 34, leave out line 13.
Mr John Mann
194
Clause 62, page 34, line 18, at end insert 'giving recognition to the particular circumstances of terraced housing'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
201
Clause 62, page 34, leave out lines 19 and 20.
Mr David Jamieson
Mr Tony McNulty
63
Clause 62, page 35, line 3, leave out from 'skip' to end of line 6 and insert—
'(8) The regulations may prescribe different rates of charge according to—
| (a) | the extent to which the skip occupies the highway; |
| (b) | the place and time of the occupation; |
| (c) | such other factors as appear to the Secretary of State to be relevant.'. |
Mr David Jamieson
Mr Tony McNulty
64
Clause 63, page 36, line 26, leave out ', (5)'.
Mr John Mann
195
Clause 64, page 37, line 15, at end insert 'giving recognition to the particular circumstances of terraced housing'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
202
Clause 64, page 37, leave out lines 16 and 17.
Mr David Jamieson
Mr Tony McNulty
65
Clause 64, page 37, line 43, at end insert—
'(8A) The amount of the charge shall be determined in such manner as may be prescribed by reference to the period for which the highway is affected by the structure, thing deposited or excavation.'.
Mr David Jamieson
Mr Tony McNulty
66
Clause 65, page 39, line 30, leave out ', (7)'.
Mr John Mann
196
Clause 68, page 41, line 8, leave out 'of criminal proceedings or'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
50
Clause 68, page 41, line 9, at end insert—
'(3A) The regulations shall include provision in respect of challenges to penalty notices and shall provide that such a challenge may be made immediately the notice has been received.'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
129
Clause 68, page 41, line 10, leave out 'may' and insert 'shall'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
130
Clause 68, page 41, line 15, leave out 'may' and insert 'shall'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
131
Clause 68, page 41, line 17, at end add—
'(6) The regulations shall include provision that a penalty charge shall not be imposed in respect of any description of conduct in which there is a reasonable excuse having regard to the circumstances at the time.'.
Mr Christopher Chope
Mr Greg Knight
Mr David Wilshire
132
Clause 68, page 41, line 17, at end add—
'(7) The regulations shall include provision for a standard compensation payment to be made in respect of penalty charge notices which are withdrawn or successfully appealed.'.
