S.C.A.
Amendment Paper as at
Thursday 16th December 2004
STANDING COMMITTEE A
RAILWAYS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [14th December].
Clause 3.
Another Amendment (1) proposed, in page 3, line 34, at the end, to insert the words—
'(7A) After subsection (4) insert—
"(4A) The Secretary of State shall also be under a duty, in exercising the functions assigned or transferred to him under or by virtue of this Part, to promote the renewal of franchise agreements to incumbent companies which have met the terms of their previous franchise agreement.".'.—(John Thurso.)
Question proposed, That the Amendment be made.
John Thurso
Dr John Pugh
3
Clause 3, page 3, line 34, at end insert—
'(7A) After subsection (4) insert—
"(4A) The Secretary of State shall also be under a duty, in exercising the functions assigned or transferred to him under or by virtue of this Part, to continue to operate any franchises currently under the management of the SRA.".'.
John Thurso
Dr John Pugh
4
Clause 3, page 3, line 34, at end insert—
'(7A) After subsection (4) insert—
"(4B) The Secretary of State shall also be under a duty, in exercising the functions assigned or transferred to him under or by virtue of this Part, to allow train operators the ability to directly purchase their own rolling stock.".'.
John Thurso
Dr John Pugh
6
Clause 3, page 3, line 34, at end insert—
'(7A) After subsection (4) insert—
"(4B) The Secretary of State shall also be under a duty, in exercising the functions assigned or transferred to him under or by virtue of this Part, to ensure that local and regional authorities in England, and the devolved administrations of Scotland and Wales, implement where applicable rail freight infrastructure developments.
(4C) The Secretary of State shall also be under a duty, in exercising the functions assigned or transferred to him under or by virtue of this Part, to ensure that Network Rail ensure improvements in railway service performance for freight operating companies and their customers as well as rail passengers and train operating companies.".'.
John Thurso
Dr John Pugh
8
Clause 3, page 3, line 34, at end insert—
'(7A) After subsection (4) insert—
"(4B) The Secretary of State shall also be under a duty, in exercising the functions assigned or transferred to him under or by virtue of this Part, in consultation with Scottish Ministers and the National Assembly for Wales, to prepare and publish a strategy for the development of the railway network, and report to Parliament on an annual basis on (a) the operation of the railway over the previous year and (b) progress on the railway strategy, together with any proposed amendments to this strategy.".'.
John Thurso
Dr John Pugh
13
Clause 3, page 3, line 34, at end insert—
'(7A) After subsection (4) insert—
"(4A) The Secretary of State shall also under a duty, in exercising the functions assigned or transferred to him under or by virtue of this Part, to determine the allocation of Transport Investment Fund resources to best meet regional and national railway requirements defined in his strategy and the strategies of the Scottish Ministers and the National Assembly for Wales.".'.
Mr Greg Knight
Mr Christopher Chope
57
Clause 3, page 3, line 34, at end insert—
'(7a) In subsection (4), after paragraph (g) insert—
| "(h) | to ensure that rail network is of sufficient capacity and reliability as to provide effective and efficient freight services that support industry's current and future requirements and which comply with a national freight strategy formulated in the national economic interest.".'. |
John Thurso
Dr John Pugh
68
Clause 3, page 3, line 34, at end insert—
'(7A) After subsection (4) insert—
| "(4A) | The Secretary of State shall also be under a duty, in exercising the functions assigned or transferred to him under or by virtue of this Part, to take forward the recommendations of the High Speed Line Study produced by W S Atkins plc for the Strategic Rail Authority.".'. |
Mr George Howarth
56
Clause 3, page 4, line 12, at end insert—
| "'(cc) | to have regard to the funds available to the Passenger Transport Executive for a passenger transport area in England for the purposes of its functions in relation to railways and railway services in that area.".'. |
Mr David Wilshire
47
Clause 3, page 4, line 46, leave out 'person giving it' and insert 'Regulator'.
Mr David Wilshire
48
Clause 3, page 5, line 2, leave out 'that person' and insert 'the Regulator'.
Mr David Wilshire
50
Schedule 4, page 88, line 26, at end insert ', which must be published within one month of their receipt'.
Mr David Wilshire
51
Schedule 4, page 90, line 22, at end insert—
| '(k) | the suitability of the rolling stock for the type of service being provided.'. |
John Thurso
Dr John Pugh
9
Clause 5, page 5, line 34, leave out 'may' and insert 'must'.
John Thurso
Dr John Pugh
10
Clause 5, page 5, line 35, after 'to', insert 'the development of'.
John Thurso
Dr John Pugh
11
Clause 5, page 5, line 35, at end insert 'and publish such a strategy annually'.
Greg Knight
Mr Christopher Chope
33
Clause 5, page 5, line 39, at end insert 'including members of the general public.'.
Mr Greg Knight
Mr Christopher Chope
41
Clause 5, page 5, line 42, at end add—
'(5) The Scottish Ministers shall be obliged to have regard to views and opinions expressed to them before confirming any adoption or revision of their strategy and, if any written suggestions or objections are received by them from any person, persons or body corporate from anywhere within the United Kingdom objecting to all or any part of their proposed strategy within 28 days of the announcement thereof, then the strategy adoption or changes shall be determined by the disputed strategy procedure and the Scottish Ministers shall refer the same to a Strategy Committee set up for this purpose for their consideration.
(6) A Strategy Committee consisting of five members of the Scottish Parliament, no fewer than four elected members representing local authorities in Scotland and one Scottish Minister shall be established to determine the railway strategy for Scotland where the same is disputed.
(7) In the event that the Scottish Ministers are unwilling to implement the decisions of the Strategy Committee, then the disputed railway strategy for Scotland shall be withdrawn.'.
Mr David Wilshire
52
Clause 6, page 6, line 15, leave out subsection (3).
Mr David Wilshire
53
Clause 6, page 6, line 23, at end insert 'and fairly to all parts of the United Kingdom.'.
John Thurso
Dr John Pugh
12
Clause 8, page 7, line 27, at end insert—
'(1A) The Secretary of State may not enter into a franchise agreement relating to services that are or include Scotland-only services unless the Scottish Ministers join with him as party to that agreement.'.
Mr Greg Knight
Mr Christopher Chope
Mr David Wilshire
44
Clause 8, page 7, line 43, leave out 'partly' and insert 'mainly'.
Mr Greg Knight
Mr Christopher Chope
Mr David Wilshire
45
Clause 10, page 9, line 34, leave out 'partly' and insert 'mainly'.
Mr Graham Stringer
43
Clause 14, page 13, line 34, leave out paragraph (c).
Mr Mark Field
Mr Greg Knight
Mr David Wilshire
34
Clause 15, page 15, line 3, after 'services', insert ', within Greater London,'.
Mr Mark Field
Mr Greg Knight
Mr David Wilshire
35
Clause 15, page 15, line 3, after 'services', insert ', within Greater London and an area no further than five miles from the border with Greater London,'.
Mr Mark Field
Mr Greg Knight
Mr David Wilshire
36
Clause 15, page 15, line 3, after 'services', insert ', within the boundaries of the M25 motorway,'.
Mr Mark Field
Mr Greg Knight
Mr David Wilshire
37
Clause 15, page 15, line 13, leave out paragraph (b).
