S.C.A.
Amendment Paper as at
Tuesday 11th January 2005
STANDING COMMITTEE A
RAILWAYS BILL
NOTE
The Amendments have been arranged in accordance with the Orders of the Committee [14th and 16th December].
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 Simon Thomas
70
Clause 10, page 9, line 8, leave out 'Welsh' and insert 'Wales-only'.
Mr Simon Thomas
71
Clause 10, page 9, line 12, leave out 'the Secretary of State must consult the National Assembly for Wales' and insert 'the National Assembly for Wales must consult the Secretary of State.'.
Mr Simon Thomas
72
Clause 10, page 9, line 14, leave out 'Wales-only' and insert 'any Welsh.'.
Mr Greg Knight
Mr Christopher Chope
Mr David Wilshire
45
Clause 10, page 9, line 34, leave out 'partly' and insert 'mainly'.
Mr Simon Thomas
73
Clause 10, page 9, line 44, at end insert—
'(6A) The National Assembly for Wales may notify the Secretary of State for Wales concerning financial expenditure incurred in the exercise of its powers under this section.
(6B) The Secretary of State for Wales shall have regard to any information provided to him under subsection (6A) when carrying out his duties under section 80 of the Government of Wales Act 1998.'.
Mr Simon Thomas
74
Clause 12, page 11, line 6, at end insert—
'(2A) The appropriate national authority may make a scheme for the transfer of relevant franchise assets, before the end of the franchise period, if the authority considers, after consultation with the Office of Rail Regulation, that the safety record of the franchisee is such as to warrant a transfer on the grounds of passenger safety.'.
Mr Simon Thomas
75
Clause 12, page 11, line 13, after 'Ministers', insert—
| '(da) | the National Assembly for Wales;'. |
Mr Simon Thomas
76
Clause 12, page 11, line 17, at end insert—
'(4A) In carrying out his duties under this section, the Secretary of State shall have regard to the principle that it is desirable for all franchises and franchise assets to be transferred to the public sector.'.
Mr Tom Harris
Rosemary McKenna
88
Clause 13, page 12, line 6, leave out 'for an area in England have' and insert 'has'.
Mr Graham Stringer
Mr David Clelland
77
Clause 13, page 12, line 7, at end insert—
| '(aa) | entering into a franchise agreement in respect of such services following the receipt of tenders in response to such an invitation, or'. |
Mr Graham Stringer
Mr David Clelland
78
Clause 13, page 12, line 9, at end insert 'or
| (c) | requiring or agreeing to significant changes to such services following the entering into of a franchise agreement in respect of such services.'. |
Mr Tom Harris
Rosemary McKenna
89
Clause 13, page 12, line 10, leave out 'Secretary of State' and insert 'appropriate national authority'.
Mr Graham Stringer
Mr David Clelland
79
Clause 13, page 12, line 10, at end insert 'in relation to the proposed specifications for or changes to such services, which notice may include the proposed levels of quality, specifications relating to the operation of stations in the Executive's area and any proposed requirements with respect to fares, or any changes to any of them.'.
Mr Graham Stringer
Mr David Clelland
80
Clause 13, page 12, line 10, at end insert—
'(1A) An Executive that has been consulted under paragraphs (a) or (b) of subsection (1) may before the expiry of a period of 60 days following the date on which that consultation began, make a statement to the Secretary of State specifying—
| (a) | the services in which that Executive has an interest which the Passenger Transport Authority for the area in question considers it appropriate to secure to meet any public transport requirements within that area; |
| (b) | any minimum level of quality to which any services so specified are to be provided; |
| (c) | any requirements with respect to the fares to be charged to persons using any services so specified; and |
| (d) | any minimum level of quality with respect to the operation of any station within the area in question which may be required by any such franchise agreement. |
(1B) Where a Passenger Transport Executive for an area in England submits a statement under subsection (1A), the Secretary of State shall ensure that the services, and any minimum levels of quality or requirements with respect to fares, specified in that statement are provided for in any franchise agreement into which he may enter in respect of the services in which the Executive has an interest.
(1C) The Secretary of State need not do anything under subsection (1B) if, or to the extent that it would—
| (a) | have an adverse effect on the provision of services for the carriage of passengers or goods by railway (whether inside or outside the area in question); or |
| (b) | increase the amount of any expenditure of the Secretary of State in respect of railways under agreements or any other arrangements entered into with any franchise operator, any franchisee, or any servant, agent or independent contractor of a franchise operator or franchisee, and the Secretary of State considers that the Executive would not fund that increased expenditure.'. |
Mr Graham Stringer
Mr David Clelland
81
Clause 13, page 12, line 11, leave out 'subsection (1)' and insert 'subsections (1), (1A) and (1B)'.
Mr Graham Stringer
Mr David Clelland
82
Clause 13, page 12, line 16, at end insert—
'(2A) Where a Passenger Transport Executive for an area in England submits a statement under subsection (1A), the Executive shall be a party to any franchise agreement in respect of any services specified in the statement.'.
Mr Tom Harris
Rosemary McKenna
90
Clause 13, page 12, line 17, leave out 'in England'.
Mr Tom Harris
Rosemary McKenna
91
Clause 13, page 12, line 18, leave out 'Secretary of State' and insert 'appropriate national authority'.
Mr Tom Harris
Rosemary McKenna
92
Clause 13, page 12, line 20, leave out 'Secretary of State' and insert 'appropriate national authority'.
Mr Tom Harris
Rosemary McKenna
93
Clause 13, page 12, line 24, leave out 'Secretary of State' and insert 'appropriate national authority'.
Mr Tom Harris
Rosemary McKenna
94
Clause 13, page 12, line 27, leave out 'in England'.
Mr Graham Stringer
Mr David Clelland
83
Clause 13, page 12, line 34, leave out subsections (5) to (7).
Mr Tom Harris
Rosemary McKenna
95
Clause 13, page 12, line 34, leave out 'in England'.
Mr Tom Harris
Rosemary McKenna
96
Clause 13, page 12, line 41, leave out 'Secretary of State' and insert 'appropriate national authority'.
Mr Tom Harris
Rosemary McKenna
97
Clause 13, page 12, line 42, leave out 'Secretary of State' and insert 'appropriate national authority'.
Mr Tom Harris
Rosemary McKenna
98
Clause 13, page 13, line 2, leave out 'in England'.
Mr Tom Harris
Rosemary McKenna
99
Clause 13, page 13, line 3, leave out 'Secretary of State' and insert 'appropriate national authority'.
Mr Tom Harris
Rosemary McKenna
100
Clause 13, page 13, line 6, leave out 'Secretary of State' and insert 'appropriate national authority'.
Mr Tom Harris
Rosemary McKenna
101
Clause 13, page 13, line 7, leave out 'in England'.
