S.C.A.
Amendment Paper as at
Thursday 13th January 2005
STANDING COMMITTEE A
New Amendments handed in are marked thus *
RAILWAYS BILL
NOTE
The Amendments have been arranged in accordance with the Orders of the Committee [14th and 16th December 2004].
John Thurso
Dr John Pugh
5
Page 19, line 33, leave out Clauses 22 to 44.
Mr Tony McNulty
105
Clause 25, page 24, line 25, leave out from 'passenger service' to end of line 26 and insert 'other than one which is—
| (a) | a relevant railway passenger service for the purposes of any of sections 22(1), 23(1) and 24(1), or |
| (b) | an experimental passenger service;'. |
Mr Tony McNulty
106
Clause 25, page 24, line 41, leave out from 'which' to 'the' in line 43 and insert 'no funding is provided by a railway funding authority other than'.
Mr Tony McNulty
107
Clause 25, page 25, line 12, at end insert 'and any other service, or description of services, which immediately before the commencement of this section is treated as a service, or description of services, in relation to which Schedule 5 to that Act is to have effect is to be treated after commencement of this section as designated by an order under this section as a special procedure service, or description of special procedure services.'.
Mr Tony McNulty
108
Clause 25, page 25, line 12, at end insert—
'(11) Where any order under paragraph 5A(1)(b)(ii) of Schedule 5 to that Act (application of that Schedule to London services) is in force immediately before the commencement of this section, that order shall have effect after commencement of this section as an order under this section designating any services, or descriptions of service, to which it applies as London services.'.
Mr Tony McNulty
109
Clause 25, page 25, line 12, at end insert—
'(12) For the purposes of this section (apart from the reference, in the definition of "excluded service" in subsection (7), to "relevant railway passenger service") "railway" has its wider meaning.'.
Mr Greg Knight
Mr Christopher Chope
127
*Schedule 8, page 112, leave out line 36 and insert—
| '(a) | he has made all such enquiries as are reasonable; and'. |
Mr Greg Knight
Mr Christopher Chope
128
*Schedule 8, page 112, line 40, at beginning insert 'reasonably'.
Mr Greg Knight
Mr Christopher Chope
64
Clause 33, page 35, line 40, at end add—
'(10) The Office of the Rail Regulation shall be under a duty to give full reasons in writing for its decision to issue, vary or revoke a closure ratification notice concurrently with the issuing, variation or revocation of the notice.'.
Mr Tony McNulty
110
Clause 34, page 36, line 9, leave out 'all the funding is provided by' and insert 'no funding is provided by a railway funding authority other than'.
Mr Tony McNulty
111
Clause 34, page 36, line 11, leave out second 'or'.
Mr Tony McNulty
112
Clause 34, page 36, line 13, at end insert 'or
| (e) | the discontinuance of a station or part of a station that is wholly in Scotland.'. |
Mr Tony McNulty
113
Clause 35, page 38, line 5, leave out from 'the' to 'may' in line 10 and insert 'Secretary of State or the Scottish Ministers that closures of any description not specified in this section should, because of their temporary nature or limited effect on the provision of railway passenger services, be treated as minor modifications, the Secretary of State or, as the case may be, the Scottish Ministers'.
Mr Tony McNulty
114
Clause 35, page 38, line 17, leave out 'all the funding is provided by' and insert 'which no funding is provided by a railway funding authority other than'.
Mr Tony McNulty
115
Clause 35, page 38, line 19, leave out second 'or'.
Mr Tony McNulty
116
Clause 35, page 38, line 21, at end insert 'or
| (e) | the discontinuance of a station or part of a station that is wholly in Scotland;'. |
Mr Tony McNulty
117
Clause 37, page 40, line 14, at end insert—
'( ) A person giving notice of a proposed discontinuance under subsection (2) must send to the Office of Rail Regulation a copy of the notice published under subsection (3)(b).'.
Mr Graham Stringer
59
Clause 39, page 41, line 37, at end insert—
| '(e) | that the scheme will support economic and social regeneration.'. |
Mr Graham Stringer
60
Clause 39, page 41, line 37, at end insert—
| '(e) | that the scheme will not increase traffic congestion.'. |
Mr Graham Stringer
61
Clause 39, page 41, line 37, at end insert—
| '(e) | that the scheme will reduce traffic congestion.'. |
Mr Graham Stringer
62
Clause 39, page 41, line 37, at end insert—
| '(e) | that the scheme will reduce air pollution.'. |
Mr Graham Stringer
63
Clause 39, page 42, line 3, at end insert—
'(1C) Where a scheme has been introduced under subsection (1A) and the Passenger Transport Authority considers that the scheme could beneficially be extended to the whole of its area, it may so extend the scheme.'.
Mr Greg Knight
Mr Christopher Chope
69
Clause 40, page 43, line 27, at end insert '; or
| (c) | the new route and the stopping places thereon are more convenient for, and accessible to, the communities served thereby.'. |
Mr Tony McNulty
118
Clause 42, page 45, line 22, leave out from 'which' to 'the' in line 23 and insert 'no funding is provided by a railway funding authority other than'.
Mr Tony McNulty
119
Clause 44, page 47, line 37, leave out '28(7) or (8)' and insert '28(6) or (7)'.
Mr Greg Knight
Mr Christopher Chope
65
Clause 45, page 48, line 41, at end insert ', whether lawfully or as a trespasser.'.
Mr Greg Knight
Mr Christopher Chope
129
*Schedule 9, page 114, line 15, leave out '28' and insert '56'.
Mr Greg Knight
Mr Christopher Chope
130
*Schedule 9, page 114, line 41, at end insert—
| '(e) | the content and scope of the bye-laws should be made known wherever reasonably possible to fare-paying passengers by ensuring the prominent display of copies thereof on trains and at stations.'. |
Mr Tony McNulty
120
Schedule 10, page 125, line 32, leave out 'or'.
Mr Tony McNulty
121
Schedule 10, page 125, line 33, at end insert 'or
| (d) | the Office of Rail Regulation;'. |
Mr Tony McNulty
122
Schedule 11, page 130, line 43, leave out 'of his or theirs' and insert 'or activity of his, theirs or its'.
Mr Tony McNulty
123
Schedule 12, page 134, line 40, leave out from 'from' to 'under' in line 41 and insert '"with" onwards substitute "entered into, where a railway service has been temporarily interrupted, with the Secretary of State, the Scottish Ministers or the National Assembly for Wales'.
Mr Tony McNulty
124
Schedule 12, page 136, line 19, leave out from 'section' to 'for' in line 20 and insert '175 (co-operation between Transport for London and the Secretary of State)—
(a) in subsection (1)(a)(ii),'.
Mr Tony McNulty
125
Schedule 12, page 136, line 22, at end insert 'and
(b) in subsection (3)(b), for "sections 37 and 38 of that Act" substitute "sections 22 to 24 of the Railways Act 2005".'.
