House of Commons Report Stage Proceedings

House of Commons

Report Stage Proceedings

             79

Thursday 27th January 2005

REPORT STAGE PROCEEDINGS

RAILWAYS BILL, AS AMENDED

NEW CLAUSES

Provision of first class passenger accommodation

Mr Greg Knight
Mr Mark Field
Mr Christopher Chope

Negatived on division      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

Not selected      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

Withdrawn      NC3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).'.

Railway strategy

John Thurso
Dr John Pugh

Not selected      NC4

To move the following Clause:—

'(1) The Secretary of State shall formulate and keep under review strategies for the railway including—

(a)   the resources available for the operation, maintenance and expansion of the service of the passenger railway in England and Wales, including investment plans;

(b)   the resources available for the operation, maintenance and expansion of the services of the freight railway in England and Wales, including investment plans;

(c)   a signalling and telecommunications strategy;

(d)   a rolling stock strategy;

(e)   a strategy relating to the shape, duration and other criteria for letting franchises for the passenger railway; and

(f)   a strategy relating to passenger services designated as community railways including plans for their maintenance, development and possible closure or substitution of any part of these by buses.

(2) To fulfil best the duties of the Secretary of State set out in section 4 of the 1993 Act these strategies shall be subject to public consultation and shall be presented to both Houses of Parliament before the end of the session after that in which this Bill received the Royal Assent and must be subject to a resolution of both Houses.

(3) The strategies will be subject to an annual update and similar approval.'.

Rail efficiency report

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

Negatived on division      NC5

To move the following Clause:—

'The Secretary of State shall publish annually a Rail Efficiency Report containing his assessment of the performance and cost effectiveness of Network Rail during the twelve months previous and in particular he shall provide comparisons of such performance data with other comparable rail companies operating partly or wholly in the European Union.'

Redundant assets register

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

Not called      NC6

To move the following Clause:—

'The Secretary of State shall every three years lay before each House of Parliament a register of all assets including land and property owned by Network Rail which are redundant to railway use or which have not been used for railway purposes during the preceding eighteen months together with a statement of intent regarding their future use or disposal.'.

Biodiversity duty

Mr Elfyn Llwyd
Mr Simon Thomas
Hywel Williams
Adam Price

Not selected      NC7

To move the following Clause:—

'(1) In carrying out his duties under this Act, the Secretary of State shall be under a duty to further the conservation and enhancement of biodiversity on land owned by Network Rail and any successor organisations.

(2) In complying with the provisions of subsection (1), the Secretary of State shall have regard to—

(a)   strategic documents concerning biodiversity published by the Secretary of State, the Scottish Parliament, or the National Assembly for Wales, as amended from time to time; and

(b)   the United Nations Convention on Biological Diversity 1992, as amended from time to time.

(3) In complying with his duties under this section, the Secretary of State shall provide guidance to Network Rail and the Office of Rail Regulation (ORR) concerning the conservation and enhancement of biodiversity.'.

Setting of targets

Mr Elfyn Llwyd
Mr Simon Thomas
Hywel Williams
Adam Price

Not selected      NC8

To move the following Clause:—

'(1) The strategy referred to in section 3 of this Act shall make provision for the setting by the Secretary of State of targets applying to the railway system in the whole of the United Kingdom including but not limited to those listed in subsection (2).

(2) The targets listed are—

(a)   the rate and direction of change in passenger-miles travelled per year; and

(b)   the rate and directions of change in total freight moved per year.

(3) In drawing up the targets referred to in subsection (1), the Secretary of State shall have regard to—

(a)   the railway strategy referred to in section 3;

(b)   the railway strategy for Scotland referred to in section 5;

(c)   any other strategy with similar scope applying to Wales, Northern Ireland, or any other part of the United Kingdom; and

(d)   any Government strategy or targets concerning climate change or carbon dioxide emissions applying to the whole of, or any part of, the United Kingdom.

(4) The Secretary of State shall report to both Houses of Parliament before the end of each calendar year on—

(a)   the targets he has set applying to the following calendar year;

(b)   the most recent available information concerning the performance relating to each target he has set for the current or any previous year;

(c)   any divergencies between (b) and the targets set by the Secretary of State applying to that period;

(d)   any explanations put forward by the Secretary of State for the divergences referred to in (c); and

(e)   any proposals put forward by the Secretary of State arising from his consideration of the divergencies referred to in (c).'.

Railway strategy for Wales

Mr Elfyn Llwyd
Mr Simon Thomas
Hywel Williams
Adam Price

Withdrawn      NC9

To move the following Clause:—

'(1) The National Assembly for Wales may prepare a strategy for carrying out its functions in relation to railways and railway services.

(2) The National Assembly for Wales may from time to time revise that strategy.

(3) Where the National Assembly for Wales prepares or revises such a strategy, it must publish the strategy or revised strategy in such manner as they consider appropriate for bringing it to the attention of those likely to be affected by it.

(4) The reference in subsection (1) to the functions of the National Assembly for Wales in relation to railways and railway services includes, in particular, its functions under Part 1 of the 1993 Act and its functions under this Act.'.

National Assembly for Wales

Mr Elfyn Llwyd
Mr Simon Thomas
Hywel Williams
Adam Price

Not selected      NC10

To move the following Clause:—

'The Secretary of State shall make provision for the transfer to the National Assembly for Wales by Order in Council, in accordance with section 22 of the Government of Wales Act 1998, of those parts of his powers under this Act which apply wholly to Wales.'.

South Eastern Trains

Mr Elfyn Llwyd
Mr Simon Thomas
Hywel Williams
Adam Price

Not selected      NC11

To move the following Clause:—

'No franchise agreement shall be entered into by the Secretary of State which would have the effect of returning South Eastern Trains to the private sector.'.

Office of Rail Regulation safety report

Mr Elfyn Llwyd
Mr Simon Thomas
Hywel Williams
Adam Price

Withdrawn      NC12

To move the following Clause:—

'(1) It shall be the duty of the Office of Rail Regulation (ORR) to publish, before the end of each calendar year, a report on safety.

(2) The report referred to in subsection (1) shall include information concerning—

(a)   injuries and fatalities suffered by railway passengers, and the ORR's conclusions as to their causes;

(b)   injuries and fatalities suffered by persons other than railway passengers resulting from incidents occurring on the railway system, and the ORR's conclusions as to their causes;

(c)   any recommendations resulting from consideration by the ORR of the incidents referred to in paragraphs (a) and (b); and

(d)   the findings and recommendations contained in the most recent review by the ORR of safety at level crossings.

(3) The review referred to in paragraph (2d) shall be conducted at least annually, before the publication of the report referred to in subsection (1).'.

Code of practice for disabled rail users in England and Wales

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

Withdrawn      NC13

To move the following Clause:—

'(1) The Secretary of State shall prepare, and from time to time revise, a code of practice for protecting the interests of users of relevant English and Welsh services who are disabled.

(2) The Secretary of State shall publish a code prepared under this section, and every revision of it, in such manner as he considers appropriate.

(3) Before preparing or revising a code under this section the Secretary of State shall consult the Disabled Persons Transport Advisory Committee established under section 125 of the Transport Act 1985 (c. 67).'.

Mr Elfyn Llwyd

Not selected      58

Page  3,  line  6  [Clause  3],  at end insert—

"(3A) The Secretary of State shall carry out his duties concerning railway services and infrastructure in accordance with the following purposes—

(a)   to promote the use of the railway network for the carriage of passengers and goods;

(b)   to secure the development of the railway network; and

(c)   to contribute to the development of an integrated system of transport of passengers and goods.

(3B) In exercising his functions in accordance with this Act, the Secretary of State shall act in the way best calculated—

(a)   to protect the interests of users of railway services;

(b)   to contribute to the achievement of sustainable development;

(c)   to promote efficiency and economy on the part of persons providing railway services;

(d)   to promote measures designed to facilitate the making by passengers of journeys which involve the use of the services of more than one passenger service operator (including, in particular, arrangements for the issue and use of through tickets); and

(e)   to enable persons providing railway services to plan the future of their businesses with a reasonable degree of assurance.

(3C) In exercising his functions in accordance with this Act, the Secretary of State shall have regard to—

(a)   the need to protect all persons from dangers arising from the operation of railways;

(b)   the interests of persons who are disabled; and

(c)   the effect on the environment of activities connected with the provision of railway services."

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

Not called      64

Page  5,  line  38  [Clause  5],  at end insert 'and they shall concurrently publish in full the reasons for adopting the strategy or revised strategy.'.

Mr Elfyn Llwyd

Not selected      32

Page  9,  line  12  [Clause  10],  at end insert—

'(1A) 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 Wales-only services, or

(b)   entering into a franchise agreement in respect of services that are or include Wales-only services in a case in which no such invitation has been issued,

The National Assembly for Wales must consult the Secretary of State."

Mr Elfyn Llwyd

Not called      33

Page  9,  line  14  [Clause  10],  leave out "Wales-only", insert "any Welsh".

Mr Elfyn Llwyd

Not selected      34

Page  9,  line  44  [Clause  10],  at end insert—

'(6A) (a)   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.

(b)   The Secretary of State for Wales shall have regard to any information provided to him under paragraph (a) when carrying out his duties under Section 8 of the Government of Wales Act 1998.'.

Mr Elfyn Llwyd

Negatived      35

Page  11,  line  6  [Clause  12],  at end insert—

'(2A) The appropriate national authority may make a scheme for the transfer, 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.'.

John McDonnell
Jeremy Corbyn
Mr Kelvin Hopkins
Alan Simpson
John Cryer
Llew Smith

Frank Cook Mr Gwyn Prosser Mrs Helen Clark

Mr Robert Marshall-Andrews Lynne Jones Dr Gavin Strang

Mr Harry Barnes

Not called      18

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

(e)   a franchise company.'.

Mr Elfyn Llwyd

Not called      36

Page  11,  line  13  [Clause  12],  at end insert—

'(da)   the National Assembly for Wales."

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

Frank Cook Mr Gwyn Prosser Mrs Helen Clark

Mr Robert Marshall-Andrews Lynne Jones Dr Gavin Strang

Mr Harry Barnes

Negatived on division      17

Page  11,  line  14  [Clause  12],  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).'.

Mr Elfyn Llwyd

Not selected      37

Page  11,  line  17  [Clause  12], 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.'.

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

Frank Cook Mr Gwyn Prosser Mrs Helen Clark

Mr Robert Marshall-Andrews Lynne Jones Dr Gavin Strang

Mr Harry Barnes

Not called      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

Not called      7

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

Mr Graham Stringer
Mr David Clelland
Mr Clive Betts
Mr Tom Harris

Not called      22

Page  12,  line  10  [Clause  13],  at end insert—

'(1A) An Executive that has been consulted under paragraphs (a) or (b) of subsection (1) in relation to a franchise agreement where the services to be provided under the agreement are or include services for the carriage of passengers by railway within the passenger transport area of that Executive 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 for the carriage of passengers by railway which the Passenger Transport Authority for the area in question considers it appropriate to secure to meet any public transport requirements within that area, so far as relating to the provision of services of the same description as those to be provided under the franchise agreement in question;

(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 submit 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 have 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
Mr Clive Betts
Mr Tom Harris

Not called      23

Page  12,  line  16  [Clause  13],  at end insert—

'(2A) Where a Passenger Transport Executive for an area in England submit 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 Graham Stringer
Mr David Clelland
Mr Clive Betts
Mr Tom Harris

Not called      24

Page  12,  line  41  [Clause  13],  leave out 'the agreement is approved by the Secretary of State' and insert 'one of the conditions in subsection (5A) is met.

(5A) The conditions referred to in subsection (5) are—

(a)   that the agreement is not for the purposes relating to or connected with the provision of—

(i)   services for the carriage of passengers by railway; or

(ii)   station services provided for purposes connected with any such services;

(b)   that the agreement relates exclusively to the grant of permission for a person to use a railway facility where a Passenger Transport Executive is the facility owner of the person granted permission; and

(c)   the agreement is approved by the Secretary of State.'.

Mr Graham Stringer
Mr David Clelland
Mr Clive Betts
Mr Tom Harris

Not called      25

Page  12,  line  43  [Clause  13],  leave out '(5) and insert '(5A)'.

Mr Graham Stringer
Mr David Clelland
Mr Clive Harris
Mr Tom Betts

Not called      26

Page  13,  line  12  [Clause  13],  at end insert—

'(8A) If the Secretary of State considers it desirable to do so in relation to any franchise agreement in respect of services for the carriage of passengers by railway he may give a direction to the Passenger Transport Executive or Executives for the area or areas concerned provided that any one or more of subsections (1A), (1B) or (2A), or any part of any one of those subsections, shall not have effect with respect to that franchise agreement.'.

Mr Graham Stringer
Mr David Clelland
Mr Clive Harris
Mr Tom Betts

Not called      27

Page  13,  line  17  [Clause  13],  at end insert 'except that in the case of subsection (1A) it is a reference only to a service for the carriage of passengers by railway between places in that area'.

Mr Graham Stringer
Mr David Clelland
Mr Clive Betts
Mr Tom Harris

Not called      28

Page  13,  line  43  [Clause  14],  leave out paragraph (a).

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

Not selected      63

Page  15,  line  14  [Clause  15],  leave out 'places outside Greater London' and insert 'from a main line terminus in Greater London.'.

Mr Secretary Darling

Agreed to      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

Not called      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.'.

Mr Elfyn Llwyd

Negatived on division      38

Page  21,  line  2  [Clause  22],  at end insert—

'(aa)   in relation to a proposal relating to services all of which are Wales-only services, means the National Assembly for Wales; and'.

Mr Elfyn Llwyd

Not called      39

Page  22,  line  9  [Clause  23],  at end insert—

'(aa)   in relation to a proposal relating to services all of which are Wales-only services, means the National Assembly for Wales; and'.

Mr Elfyn Llwyd

Not selected      40

Page  23,  line  28  [Clause 24],  at end insert—

"(aa)   in relation to a proposal relating to services all of which are

(i)   Wales-only services, or

(ii)   relevant cross-border services,

   means the National Assembly for Wales; and".

Mr Elfyn Llwyd

Not called      41

Page  24,  line  47  [Clause 25],  at end insert—

"(aa)   in relation to a proposal relating to one or more services each of which is—

(i)   a Wales-only service, or

(ii)   a cross-border service in relation to which so much of the funding as is provided by a railway funding authority is funding provided by the National Assembly for Wales,

   means the National Assembly for Wales; and".

Mr Elfyn Llwyd

Not selected      42

Page  26,  line  36  [Clause 26],  at end insert—

"(aa)   in relation to a proposal relating to a network or part of a network that is wholly in Wales, means the National Assembly for Wales; and".

Mr Elfyn Llwyd

Not selected      43

Page  28,  line  2  [Clause 27],  at end insert—

"(aa)   in relation to a proposal relating to a network or part of a network that is wholly in Wales, means the National Assembly for Wales; and".

Mr Elfyn Llwyd

Not selected      44

Page  29,  line  15  [Clause 28],  at end insert—

"(aa)   in relation to a proposal relating to a network or part of a network that is wholly in Wales, means the National Assembly for Wales; and".

Mr Elfyn Llwyd

Not selected      45

Page  29,  line  17  [Clause 28],  leave out "and Wales".

Mr Elfyn Llwyd

Not selected      46

Page  29,  line  18  [Clause 28],  leave out "that is partly in England and Wales and partly in Scotland, and insert—

"one part of which is in either England, Wales, or Scotland and another part of which is in either England, Wales or Scotland".

Mr Elfyn Llwyd

Not selected      47

Page  30,  line  30  [Clause 29],  at end insert—

"(aa)   in relation to a proposal relating to a station or part of a station that is wholly in Wales, means the National Assembly for Wales; and".

Mr Elfyn Llwyd

Not called      48

Page  31,  line  36  [Clause 30],  at end insert—

"(aa)   in relation to a proposal relating to a station or part of a station that is wholly in Wales, means the National Assembly for Wales; and".

Mr Elfyn Llwyd

Not called      49

Page  31,  line  38  [Clause  30],  leave out 'and Wales'.

Mr Elfyn Llwyd

Not called      50

Page  32,  line  45  [Clause  31],  at end insert—

'"(aa)   in relation to a proposal relating to a station or part of a station that is wholly in Wales, means the National Assembly for Wales; and'.

Mr Elfyn Llwyd

Not called      51

Page  32,  line  47  [Clause  31],  leave out 'and Wales'.

Mr Elfyn Llwyd

Not called      52

Page  33,  line  21  [Clause  32],  at end insert—

'(e)   a report by the Rail Passengers' Council concerning the economic, social and environmental costs and benefits of the proposal.'.

Mr Elfyn Llwyd

Not called      53

Page  34,  line  43  [Clause  33],  at end insert—

'(1A) A closure ratification notice applying specifically to passenger services shall not be construed as applying to freight services.'.

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

Frank Cook Mr Gwyn Prosser Mrs Helen Clark

Mr Robert Marshall-Andrews Lynne Jones Dr Gavin Strang

Mr Harry Barnes

Not called      5

Page  41,  line  38,  leave out Clause 39.

Mr Graham Stringer
Mr David Clelland
Mr Clive Betts
Mr Tom Harris

Not selected      29

Page  41,  line  45  [Clause  39],  leave out from 'securing' to the end of line 2 on page 42 and insert 'either—

(i)   that making a quality contracts scheme is an appropriate way of securing that the transport needs of the potential users of a relevant railway service that has been or is to be reduced or discontinued are met; or

(ii)   that the operation of local services is more closely integrated with a relevant railway service where this contributes to meeting the transport needs of potential users of the relevant railway service.'.

Mr Graham Stringer
Mr David Clelland
Mr Clive Betts
Mr Tom Harris

Not called      30

Page  42,  line  49  [Clause  39],  at end insert '"railway" has its wider meaning for the purposes of the Railways Act 1993; and'.

Mr Secretary Darling

Agreed to      9

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

Mr Secretary Darling

Agreed to      10

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

Mr Secretary Darling

Agreed to      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

Agreed to      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.".'.

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

Not called      60

Page  50,  line  38  [Clause  47],  at end insert 'and the Mobility and Access Committee Scotland (MACS)'.

Mr Secretary Darling

Agreed to      15

Page  56,  line  10  [Clause  53],  at end insert—

'(   ) After section 119(5) of that Act insert—

"(5A) The Secretary of State may give an instruction under this section for the protection of a relevant asset that is wholly in Scotland, or of persons or property on or in such an asset, only if—

(a)   the asset would be a relevant asset even if railway did not have its wider meaning for the purposes of this section; or

(b)   the instruction is given in the interests of national security.

(5B) In subsection (5A) the reference to an instruction given in the interests of national security includes a reference to any instruction given for the purpose of ensuring that protection against terrorism is provided to the asset, persons or property in question."

(   ) In section 119(11) of that Act, after the definition of "specified" insert—

"'terrorism' has the same meaning as in the Terrorism Act 2000 (c.11) (see section 1 of that Act);".'.

Mr Alex Salmond
Pete Wishart
Annabelle Ewing
Mr Michael Weir
Angus Robertson

Not selected      62

Page  58,  line  27  [Clause  58],  at end insert—

'(4) Schedule (Other Amendments) has effect.'.