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| | (a) | make different provision for different cases, and |
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| | (b) | contain such incidental and supplementary provisions as the |
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| | Secretary of State considers appropriate. |
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| | (9) | The power to make an order under this section is exercisable by statutory |
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| | (10) | Before making an order under this section the Secretary of State must |
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| | consult with such representative organisations as he thinks fit. |
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| | (11) | A statutory instrument containing an order under this section is subject to |
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| | annulment in pursuance of a resolution of either House of Parliament.” |
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| | (2) | In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 53) (offences to which |
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| | certain sections apply), after the entry relating to section 94A of the Road Traffic |
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| | Driving licence holder failing |
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| | (3) | In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: |
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| | offences under the Traffic Acts), after the entry relating to section 96 of the Road |
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| | Traffic Act 1988 (c. 52) insert— |
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| | Fee for renewal of photocard licence and issue of certain alternative licences |
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| To move the following Clause:— |
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| | ‘(1) | In section 99 of the Road Traffic Act 1988 (c. 52) (duration of licence)— |
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| | (a) | in subsection (7) (grant of new licence free of charge on surrender of |
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| | photocard licence after ten years, in cases of error and on change of name |
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| | or address), omit “and any licence granted under this subsection shall be |
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| | granted free of charge”, and |
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| | (b) | After that subsection insert— |
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| | “(7ZA) | The Secretary of State is not required by subsection (7) above to |
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| | grant a new licence on the surrender of a licence and its |
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| | counterpart by a person in pursuance of subsection (2A) above |
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| | unless the person has paid the fee (if any) which is prescribed; |
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| | but any other licence under that subsection is to be granted free |
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| | (2) | In section 117A(2)(c) and (3) of that Act (disqualification etc. of holders of |
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| | Community licences: issue of alternative licences), for “, free of charge,” |
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| | substitute “, on payment of such fee (if any) as may be prescribed,”.’. |
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| |
| | Safety arrangements at level crossings |
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| To move the following Clause:— |
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| | ‘(1) | Section 1 of the Level Crossings Act 1983 (c. 16) (safety arrangements at level |
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| | crossings) is amended as follows. |
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| | (2) | For paragraph (a) of subsection (2) substitute— |
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| | “(a) | may require the operator of the crossing or the local traffic |
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| | authority (or both) to provide at or near the crossing any |
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| | protective equipment specified in the order and to maintain and |
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| | operate that equipment in accordance with the order;”. |
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| | (3) | In paragraph (b) of that subsection, after “impose” insert “on the operator”. |
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| | (4) | In subsection (3)(b), omit “barriers or other”. |
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| | (5) | In subsection (5)(b), for “include requirements as to” substitute “impose |
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| | requirements as to protective”. |
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| | (6) | For subsection (6) substitute— |
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| | “(6) | The Secretary of State may make an order under this section in respect of |
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| | a level crossing on being requested to do so by the operator of the |
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| | crossing or without a request by the operator. |
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| | (6ZA) | The Secretary of State may not make an order without a request by the |
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| | (a) | he has consulted the Office of Rail Regulation and the local |
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| | traffic authority about the order he proposes to make; and |
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| | (b) | having done so, he has sent to the operator, the Office of Rail |
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| | Regulation and the local traffic authority a copy of a draft of the |
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| | order he proposes to make and a notice specifying the period (not |
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| | being less than two months) within which they may make |
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| | representations to him in respect of his proposal to make the |
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| | |
| | (7) | For subsection (8) substitute— |
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| | “(8) | Before making a request the operator— |
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| | (a) | must consult the Office of Rail Regulation and the local traffic |
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| | authority about the draft order he intends to submit to the |
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| | |
| | (b) | having done so, must give written notice to the Office of Rail |
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| | Regulation and the local traffic authority of his intention to make |
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| | |
| | (8A) | A notice given under subsection (8)— |
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| | (a) | must be accompanied by a copy of the draft order which the |
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| | operator intends to submit to the Secretary of State; and |
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| | (b) | must specify the period (not being less than two months) within |
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| | which the Office of Rail Regulation and the local traffic |
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| | authority may make representations to the Secretary of State in |
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| | |
| | (8) | In subsection (9), for “(6) or (8)” substitute “(6ZA) or (8A)”. |
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| | |
| | (a) | omit the definition of “local authority”, |
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| | (b) | before the definition of “operator” insert— |
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| | ““local traffic authority”, in relation to a crossing, means the |
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| | authority which for the purposes of the Road Traffic Regulation |
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| | Act 1984 is the local traffic authority for the road crossed by the |
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| | railway at the crossing;”, and |
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| | (c) | in the definition of “protective equipment”, after “includes” insert |
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| [Adjourned till Thursday at 9.00 a.m. |
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