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NOTICES OF AMENDMENTS

given up to and including

Friday 21st January 2005


CONSIDERATION OF BILL

RAILWAYS BILL, AS AMENDED


NEW CLAUSES

Provision of first class passenger accommodation

   

Mr Greg Knight
Mr Mark Field
Mr Christopher Chope

NC1

To move the following Clause:—

       'Any proposal to withdraw first class passenger accommodation from an existing service shall be deemed to be a proposal to discontinue a service under Part 4 of this Act.'.


Freedom of Information Act 2000

   

Mr Greg Knight
Mr Christopher Chope
Mr Mark Field
Mr David Wilshire

NC2

To move the following Clause:—

       'From 1st January 2006, Network Rail shall be subject to the provisions of the Freedom of Information Act 2000.'.


Railway functions of Passenger Transport Executives in Scotland

   

Mr Ian Davidson

NC3

To move the following Clause:—

    (1)   Before—

      (a) issuing an invitation to tender for a franchise agreement in a case in which the services to be provided under the agreement are or include services in which a Passenger Transport Executive for an area in Scotland have an interest, or

      (b) entering into a franchise agreement in respect of such services in a case in which no such invitation has been issued, the Scottish Minister must consult the Executive for that area.

    (2)   For the purposes of subsection (1) the services in which a Passenger Transport Executive has an interest are—

      (a) services for the carriage of passengers by railway within the passenger transport area of that Executive; and

      (b) services which are not such services but are services for the carriage of passengers by railway to or from such an area.

    (3)   A Passenger Transport Executive for a passenger transport area in Scotland and the Scottish Minister may enter into arrangements under which one or both of the following occurs—

      (a) sums become due from the Executive to the Scottish Minister in respect of services for the carriage of passengers by railway within that area or in respect of station services or bus substitution services provided within that area; and

      (b) the Scottish Minister undertakes to exercise or perform his powers and duties in relation to or in connection with such services in a particular way.

    (4)   A Passenger Transport Executive for a passenger transport area in Scotland may enter into agreements for purposes relating to or connected with the provision, by a person who is a franchisee or franchise operator in relation to a franchise agreement, of—

      (a) services for the carriage of passengers by railway within that area; and

      (b) station services provided for purposes connected with any such services.

    (5)   A Passenger Transport Executive for a passenger transport area in Scotland may not enter into an agreement (whether by virtue of subsection (4) or otherwise)—

      (a) with a person who is a franchisee or franchise operator in relation to a franchise agreement, or

      (b) with a person who is proposing to become such a franchisee or franchise operator, unless the agreement is approved by the Scottish Minister.

    (6)   The Scottish Minister may—

      (a) give a general approval for the purposes of subsection (5) in relation to a description of agreements, as well as specific approvals for particular agreements; and

      (b) withdraw his approval in relation to any agreement at any time before the agreement is entered into.

    (7)   The agreements to which a Passenger Transport Executive for a passenger transport area in Scotland may become a party with the approval of the Scottish Minister include franchise agreements under which services are provided which are or include services for the carriage of passengers by railway within that area.

    (8)   The Scottish Minister and the Passenger Transport Executive for a passenger transport area in Scotland must each provide to the other any information which—

      (a) the other reasonably requires for purposes connected with his or their functions in relation to railways or railway services; and

      (b) is information which it would have been lawful for him or (as the case may be) them to disclose apart from this subsection.

    (9)   In this section—

      (a) a reference to a service for the carriage of passengers by railway within a passenger transport area is a reference to a service for the carriage of passengers by railway between places in that area or between places in that area and places outside it which are within the permitted distance;

      (b) a reference to station services provided within such an area is a reference to station services provided in connection with any such service for the carriage of passengers by railway; and

      (c) a reference to a bus substitution service provided within such an area is a reference to a bus substitution service for the carriage of passengers between places in that area or between places in that area and places outside it which are within the permitted distance; and in this subsection "the permitted distance" has the same meaning as in section 10(1)(ii) of the Transport Act 1968 (c. 73) (25 miles).'.


   

John McDonnell
Jeremy Corbyn
Mr Kelvin Hopkins
Mr Robert N. Wareing
Alan Simpson
John Cryer

18

Page     11,     line     13     [Clause     12],     leave out 'and

      (e) a franchise company.'.

   

John McDonnell
Jeremy Corbyn
Mr Kelvin Hopkins
Mr Robert N. Wareing
Alan Simpson
John Cryer

17

Page     11,     line     14     [Clause     17],     at end insert—

    '(3A)   The appropriate national authority shall not make a scheme for the transfer of relevant franchise assets to a franchise company, at the end of the franchise period, if an independent assessment, which must be authorised by the national authority, demonstrates that the assets could be operated more economically and efficiently by a person identified in subsection (3)(a), (b), (c) or (d).'.

   

John McDonnell
Jeremy Corbyn
Mr Kelvin Hopkins
Mr Robert N. Wareing
Alan Simpson
John Cryer

4

Page     11,     line     43     [Clause     12],     at end insert—

    '(9)   The Secretary of State may not exercise his powers under subsections (2) and (3) to make a scheme to transfer the relevant franchise assets of any franchise currently operated by the Strategic Rail Authority (SRA) to a franchise company. Those assets shall continue to be operated by a company wholly owned by the Secretary of State or the Scottish Ministers.'.


   

Mr Ian Davidson

7

Page     12,     line     2     [Clause     13],     at end insert 'in England'.


   

Mr Secretary Darling

14

Page     16,     line     3     [Clause     17],     at end insert—

    '( )   In sub-paragraph (1) (which imposes a maximum of fifteen on the number of members appointed by the Mayor), for "fifteen" substitute "seventeen".

    ( )   In sub-paragraph (2) (which imposes a maximum of fourteen on the number so appointed where the Mayor is himself a member), for "fourteen" substitute "sixteen".'.

   

Mr Greg Knight
Mr Mark Field
Mr Christopher Chope

1

Page     16,     line     10     [Clause     17],     at end insert—

    '(2B)   Those members of Transport for London appointed under sub-paragraph (2A) shall both ordinarily be resident within the London Transport Users Committee (LTUC) boundary but outside the Greater London Authority (GLA) boundary.'.


   

John McDonnell
Jeremy Corbyn
Mr Kelvin Hopkins
Mr Robert N. Wareing
Alan Simpson
John Cryer

5

Page     41,     line     38,     leave out Clause 39.


   

Mr Secretary Darling

9

Page     48,     line     38     [Clause     44],     leave out 'Secretary of State' and insert 'appropriate authority'.

   

Mr Secretary Darling

10

Page     48,     line     42     [Clause     44],     leave out 'Secretary of State' and insert 'appropriate authority'.

   

Mr Secretary Darling

11

Page     48,     line     44     [Clause     44],     at end insert—

    '(4A)   In subsection (4), "appropriate authority"—

      (a) in relation to a person who provides no financial assistance for purposes mentioned in subsection (4)(b) other than—

      (i) funding in relation to the provision of Scotland-only services,

      (ii) Scottish majority funding in relation to cross-border services, or

      (iii) funding in relation to the operation or use of a network or station, or part of a network or station, that is wholly in Scotland,

      means the Scottish Ministers;

      (b) in any other case, means the Secretary of State.

    (4B)   For the purposes of subsection (4A)(a)(ii), a person provides Scottish majority funding in relation to particular services if—

      (a) the person is—

      (i) a body established by or under an Act of the Scottish Parliament, or

      (ii) a body which has its principal office in Scotland, and

      (b) in relation to those services, the person provides more funding than is provided in aggregate by railway funding authorities.'.


   

Mr Secretary Darling

13

Page     50,     line     29     [Clause     46],     at end insert—

    '( )   After subsection (11) insert—

          "(11A)   A statutory instrument containing regulations made by the Scottish Ministers under this section is subject to annulment in pursuance of a resolution of the Scottish Parliament.".'.


 
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Prepared 21 Jan 2005