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Schedule 11 | |
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BY THE LORD WHITTY | |
| 449 |
Page 249, line 24, leave out ("his duties under Part I of this Act") and insert ("the duties imposed upon him by or under this Act or any other enactment (whenever passed or made)") | |
| 450 |
Page 252, line 27, leave out sub-paragraph (3) | |
| 451 |
Page 252, line 38, leave out from ("provisions") to ("which") in line 39 | |
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Clause 199 | |
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BY THE LORD WHITTY | |
| 452 |
Page 111, line 41, at end insert--
("( ) a member of staff of Transport for London or of a subsidiary of Transport for London; or
( ) a director or employee of a PPP company or of a subsidiary of a PPP company or of a company of which a PPP company is a subsidiary") | |
| 453 |
Page 111, line 42, leave out subsection (8) | |
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Clause 201 | |
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BY THE LORD WHITTY | |
| 454 |
Page 112, line 26, leave out ("relevant authority") and insert ("Secretary of State") | |
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After Clause 201 | |
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BY THE LORD WHITTY | |
| 455 |
Insert the following new Clause-- | |
| | (" .--(1) If at any time the offices of Rail Regulator and PPP arbiter are held by the same person, subsections (2) and (3) below shall apply until such time as those offices are next held by different persons.
(2) Where this subsection applies, any member of the Rail Regulator's staff may (in addition to discharging duties of that employment) be required also to discharge duties as if he were a member of the PPP arbiter's staff of similar status.
(3) Where this subsection applies, any member of the PPP arbiter's staff may (in addition to discharging duties of that employment) be required also to discharge duties as if he were a member of the Rail Regulator's staff of similar status.
(4) Subsections (2) and (3) above apply notwithstanding anything in the terms or conditions of employment of the member of staff concerned.") | Same person as PPP arbiter and Rail Regulator: duties of staff. |
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Clause 202 | |
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BY THE LORD WHITTY | |
| 456 |
Page 112, line 36, leave out ("he considers relevant") and insert ("is ancillary or incidental") | |
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Clause 203 | |
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BY THE LORD WHITTY | |
| 457 |
Page 113, line 7, leave out subsection (1) and insert--
("(1) Any matter relating to a PPP agreement may be referred to the PPP arbiter for consideration by him--
(a) by all the parties to the PPP agreement acting jointly, if they so agree; or
(b) by any party to the PPP agreement.") | |
| 458 |
Page 113, line 10, leave out from ("and") to end of line 11 and insert--
("(a) if the matter was referred under paragraph (a) of that subsection, shall give to the parties who referred the matter such guidance as he considers appropriate; or
(b) if the matter was referred under paragraph (b) of that subsection, may give to the parties to the PPP agreement such guidance as he considers appropriate.") | |
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Clause 204 | |
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BY THE LORD WHITTY | |
| 459 |
Page 113, line 24, leave out subsection (2) and insert--
("(2) The objective specified in this subsection is to ensure that an opportunity to review and amend the requirements imposed, or proposed to be imposed, on a PPP company by or under the PPP agreement in question is afforded to the appropriate relevant body if, in the opinion of the PPP arbiter, the proper price for the performance of those requirements exceeds the resources which that relevant body has notified to the PPP arbiter that it has, or expects to have, available for the purpose.
In this subsection "appropriate relevant body" means a relevant body which is a party to the PPP agreement and is to pay the price under the agreement.") | |
| 460 |
Page 113, line 38, leave out subsection (4) and insert--
("(4) The objective specified in this subsection is to ensure that any rate of return incorporated in the PPP agreement in question would, in the opinion of the PPP arbiter,--
(a) taking into account such matters as may be specified in the PPP agreement, and
(b) leaving out of account such other matters as may be so specified,
be earned by a company which is efficient and economic in its performance of the requirements imposed on the PPP company by or under the PPP agreement.") | |
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BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH | |
| 461 |
Page 114, line 2, after ("to") insert ("give priority to the objective in subsection (3) above (efficiency and economy) and in making his decision the PPP arbiter shall") | |
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BY THE LORD WHITTY | |
| 462 |
Page 114, line 11, leave out from ("the") to ("and") in line 13 and insert ("PPP agreement--
(a) contains provision specifying, or for determining, the rate of return which the PPP company in question might reasonably expect to earn;") | |
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Clause 206 | |
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BY THE LORD WHITTY | |
| 463 |
Page 115, line 1, leave out paragraph (c) and insert--
("(c) any PPP related third party.") | |
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After Clause 206 | |
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BY THE LORD WHITTY | |
| 464 |
Insert the following new Clause-- | |
| | (" .--(1) If a person fails to comply with a request under section 206(1) above, the PPP arbiter may serve a notice on that person requiring him--
(a) to produce to the PPP arbiter, at a time and place specified in the notice, any documents which are specified or described in the notice and are in his custody or under his control; or
(b) to provide to the PPP arbiter, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice.
(2) No person shall be required under this section--
(a) to produce any documents which he could not be compelled to produce in civil proceedings in the court; or
(b) in complying with any requirement for the provision of information, to provide any information which he could not be compelled to give in evidence in any such proceedings.
(3) A person who intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under subsection (1) above is guilty of an offence and liable--
(a) on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to a fine.
(4) If a person makes default in complying with a notice under subsection (1) above, the court may, on the application of the PPP arbiter, make such order as the court thinks fit for requiring the default to be made good.
(5) Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.
(6) In this section--
(a) any reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and
(b) the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
(7) In this section "the court" means the High Court.") | Failure to provide information to PPP arbiter. |
| 465 |
Insert the following new Clause-- | |
| | (" .--(1) Subject to the following provisions of this section, no information with respect to any particular business which--
(a) has been obtained by the PPP arbiter under or by virtue of any of the provisions of this Chapter, and
(b) relates to the affairs of any individual or to any particular business,
shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.
(2) Subsection (1) above does not apply to any disclosure of information which is made--
(a) for the purpose of facilitating the carrying out by the Secretary of State, the Mayor of London, Transport for London or the PPP arbiter of any of his or, as the case may be, its functions under this Act; | Restrictions on disclosure of information. |
| | (b) for the purpose of facilitating the carrying out by the Secretary of State, the Rail Regulator, the Franchising Director, the Competition Commission or the Mayor of any of his or, as the case may be, its functions under the Railways Act 1993;
(c) for the purpose of facilitating the carrying out by--
(i) any Minister of the Crown,
(ii) the Director General of Fair Trading,
(iii) the Competition Commission,
(iv) the Director General of Telecommunications,
(v) the Director General of Gas Supply,
(vi) the Director General of Water Supply,
(vii) the Director General of Electricity Supply,
(viii) the Civil Aviation Authority,
(ix) the Insolvency Practitioners Tribunal, or
(x) a local weights and measures authority in Great Britain,
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| | of any of his or, as the case may be, its functions under any of the enactments or instruments specified in subsection (3) below; | 1993 c. 43. |
| | (d) for the purpose of enabling or assisting the Secretary of State or the Treasury to exercise any powers conferred by the Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency or for the purpose of enabling or assisting any inspector appointed under the enactments relating to companies to carry out his functions; | 1986 c. 60. |
| | (e) for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the Insolvency Act 1986 to carry out its functions as such; | 1986 c. 45. |
| | (f) for the purpose of facilitating the carrying out by the Health and Safety Commission or the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;
(g) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;
(h) for the purpose of facilitating the carrying out by the International Rail Regulator of any of his functions under any subordinate legislation made for the purpose of implementing--
(i) the Directive of the Council of the European Communities dated 29th July 1991 on the development of the Community's railways; or
(ii) Council Directive 95/19/EC on the allocation of railway infrastructure capacity and the charging of infrastructure fees;
(j) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
(k) for the purposes of any civil proceedings brought under or by virtue of this Act or any of the enactments or instruments specified in subsection (3) below; or
(l) in pursuance of a Community obligation.
(3) The enactments and instruments referred to in subsection (2) above are-- | 1974 c. 37. |
| | (a) the Trade Descriptions Act 1968; | 1968 c. 29. |
| | (b) the Fair Trading Act 1973; | 1973 c. 41. |
| | (c) the Consumer Credit Act 1974; | 1974 c. 39. |
| | (d) the Restrictive Trade Practices Act 1976; | 1976 c. 34. |
| | (e) the Resale Prices Act 1976; | 1976 c. 53. |
| | (f) the Estate Agents Act 1979; | 1979 c. 38. |
| | (g) the Competition Act 1980; | 1980 c. 21. |
| | (h) the Telecommunications Act 1984; | 1984 c. 12. |
| | (j) the Airports Act 1986; | 1986 c. 31. |
| | | |
| | (l) the Insolvency Act 1986; | |
| | (m) the Consumer Protection Act 1987; | |
| | (n) the Electricity Act 1989; | |
| | (o) the Property Misdescriptions Act 1991; | |
| | (p) the Water Industry Act 1991; | |
| | (q) the Water Resources Act 1991; | |
| | (r) the Railways Act 1993;
(s) any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities dated 10th September 1984 on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising.
(4) The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such modifications as are specified in the order.
(5) The prohibition imposed by subsection (1) above shall be enforceable by civil proceedings--
(a) by the individual mentioned in that subsection, or
(b) by the person for the time being carrying on the business there mentioned,
for an injunction or for any other appropriate relief or remedy.
(6) In this section "the Franchising Director" means the Director General of Passenger Rail Franchising.") | |
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Clause 210 | |
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BY THE LORD WHITTY | |
| 466 |
Page 116, line 21, at end insert--
(""PPP related third party" shall be construed in accordance with section 190(2)(b) above;
"PPP related third party agreement" means any arrangements falling within section 190(2)(b) above;") | |
| 467 |
Page 116, line 34, leave out ("means") and insert ("has the meaning given by section 185(2) above (that is to say,") | |
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Clause 211 | |
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BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH | |
| 468 |
Page 117, line 6, leave out ("any local authority, or any two or more local authorities acting jointly, may") and insert ("each London authority (other than the Common Council) shall, either on its own account or jointly with any other local authority, and any local authority may, within six months of the establishment of Transport for London") | |
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BY THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH | |
| 469 |
Page 118, line 2, at end insert--
("(5A) Each local authority shall, in conjunction with organisations of disabled people, make and keep under review criteria as to what constitutes a disability or injury which seriously impairs a person's ability to walk, having regard to any guidance issued by a joint authority established to run the concessionary fares scheme.
(5B) All criteria and guidance under subsection (5A) above shall be made available to the public.") | |
