Concessionary Bus Travel Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 13th December 2006, as follows—
Clauses 1 to 5
Schedule 1
Clauses 6 to 13 | Schedules 2 and 3
Clauses 14 to 16 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE |
| 1 | Page 1, line 8, after "permit" insert "or smartcard" |
| 2 | Page 1, line 10, after "permit" insert "or smartcard" |
| | LORD HANNINGFIELD
LORD LOW
BARONESS HANHAM |
| 3* | Page 1, line 13, after "bus" insert ", train, underground train, tram or ferry" |
| 4* | Page 1, line 16, leave out "a relevant" and insert "any" |
| | LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE |
| 5 | Page 1, line 20, after "permit" insert "or smartcard" |
| 6 | Page 1, line 21, after "permit" insert "or smartcard" |
| 7 | Page 1, line 22, after "permit" insert "or smartcard" |
| 8 | Page 2, line 3, after "permit" insert "or smartcard" |
| 9 | Page 2, line 10, after "permit" insert "or smartcard" |
| | LORD HANNINGFIELD
LORD LOW
BARONESS HANHAM |
| 10* | Page 2, line 11, at end insert— |
| "(4A) | For the purposes of this section a disabled person is a person who— |
| (a) | is blind or partially sighted, |
| (b) | is profoundly or severely deaf, |
| (d) | has a disability, or has suffered an injury, which has a substantial and long-term adverse effect on his ability to walk, |
| (e) | does not have arms or has long-term loss of the use of both arms, |
| (f) | has a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning, or |
| (g) | would be defined as having a mental impairment which has a substantial and long-term adverse effect on his ability to carry out day-to-day activities in accordance wth section 1 of the Disability Discrimination Act 1995 as amended, or |
| (h) | would, if he applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, have his application refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol," |
| 11* | Page 2, line 11, at end insert— |
| "(4B) | If a disabled person is unable to access mainstream public transport as a result of their impairment the travel concession authority in England shall mark that clearly on the permit. |
| (4C) | Where a person whose current statutory travel concession permit is marked in accordance with subsection (4B) they shall be entitled to a waiver of the fare for a journey when using a dial a ride vehicle, community transport service, hackney carriage vehicle or other door to door transport. |
| (4D) | The Secretary of State shall issue guidance to travel concession authorities in England to which they shall have regard in determining for subsection (4C) whether a disabled person needs to travel by door to door transport. |
| (4E) | Before issuing guidance under subsection (4D) the Secretary of State shall consult— |
| (a) | the Disabled Persons Transport Advisory Committee; |
| (b) | associations representative of travel concession authorities; and |
| (c) | such other persons as the Secretary of State thinks fit." |
| 12* | Page 2, line 11, at end insert— |
| "(4F) | If a disabled person requires the assistance of a companion to travel on journeys on public transport services, the travel concession authority in England outside London must mark that clearly on the permit. |
| (4G) | Where a person whose current statutory travel concession permit is marked in accordance with subsection (4F) is entitled under this section to a waiver of the fare for a journey, one companion travelling on the journey with the person (and nominated by the person as the person's companion for that journey) is also entitled to a waiver of the fare for the journey. |
| (4H) | The Secretary of State shall issue guidance to travel concession authorities in England to which they must have regard in determining for subsection (4H) whether a disabled person needs a companion in order to travel. |
| (4J) | Before issuing guidance under subsection (4H) the Secretary of State shall consult— |
| (a) | the Disabled Persons Transport Advisory Committee; |
| (b) | associations representative of travel concession authorities; and |
| (c) | such other persons as he thinks fit." |
| | LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE |
| 13 | Page 2, line 12, after "permit" insert "or smartcard" |
| 14 | Page 2, line 16, after "permit" insert "or smartcard" |
| 15* | Page 2, line 17, at end insert— |
| "( ) | Regulations made under subsection (5)(a) may provide for or require a permit issued pursuant to subsection (4) to be issued in electronic form— |
| (a) | using smart media provided by the travel concession authority that complies with the specification for inter-operable smart media published by ITSO, or |
| (b) | by transferring the permit onto smart media complying with that specification provided by the person applying for the permit." |
| | LORD HANNINGFIELD
BARONESS HANHAM |
| 16* | Page 2, line 18, remove "may" and insert "shall" |
| | LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE |
| 17 | Page 2, line 31, at end insert "or smartcard" |
| 18 | Page 3, line 2, at end insert— |
| "( ) | Where the permit issued is in the form of a smartcard, the Secretary of State may provide funding for the necessary reader equipment on buses so that the details of journeys made are captured. |
| ( ) | The operator of any bus so equipped shall make records of such equipment available for audit purposes."" |
| | LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE
LORD HANNINGFIELD |
| 19 | Page 3, line 19, after "journeys" insert ", including journeys by residents of other travel concession authorities in England," |
| 20 | Page 3, line 25, at end insert "and sufficient funding for this shall be provided by the Secretary of State by grant or otherwise to the body providing such reimbursement. |
| (1A) | The Secretary of State shall, by April 2008, by order provide for a standard scheme of reimbursement which shall include provisions for additional costs reimbursement by operators."" |
| | LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE |
| 21* | Page 3, line 25, at end insert— |
| "( ) | After subsection (1) (as substituted by subsection (2) above) insert— |
| "(1A) | The Secretary of State shall provide to each travel concession authority in England by means of a direct annual revenue grant sufficient funding for the authority to comply with its obligation to reimburse operators under subsection (1)."." |
| | LORD HANNINGFIELD
BARONESS HANHAM |
| 22* | Insert the following new Clause— |
| | "Reimbursement of travel concession authorities |
| (1) | Where a travel concession authority has responsibility for the administration of the national concession including the reimbursement of operators, the Secretary of State shall reimburse the authority in full for doing so. |
| (2) | The Secretary of State shall reimburse a travel concession authority all monies it incurred due to capital or other start-up costs of administering the national concession no later than one year after the passing of this Act." |
| | LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE
LORD HANNINGFIELD |
| 23 | Page 4, line 2, at end insert "or smartcard" |
| | LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE |
| 24 | Leave out Clause 5 and insert the following new Clause— |
| | "London concessionary travel |
| (1) | After section 240 of the 1999 Act (travel concessions on journeys in and around Greater London) insert— |
| "240A | London concessionary travel |
| | If immediately before 1st January in any financial year it appears to Transport for London that there are not for the time being in force arrangements under section 240(1) in relation to bus travel for the next financial year, the arrangements for the current financial year will be carried forward with such adjustment to take account of inflation as the Secretary of State may in writing specify." |
| (2) | Section 241 of the 1999 Act (reserve free travel schemes for London residents) is amended as follows. |
| (3) | In subsection (1) after the words "London residents" insert "other than for bus travel."" |
| | LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE
LORD HANNINGFIELD |
| 25 | Page 11, line 11, after "permit" insert "or smartcard" |
| 26* | Page 12, line 7, at end insert "or smartcards. |
| (1B) | Notwithstanding subsection (1), smartcards shall— |
| (b) | include a photograph of the holder, and |
| (c) | include readily available details of the validity of the smartcard." |
| 27 | Page 12, line 14, at end insert "or smartcard" |
| | The above-named Lords give notice of their intention to oppose the Question that Schedule 1 be the First Schedule to the Bill. |
| | LORD HANNINGFIELD
LORD LOW
BARONESS HANHAM |
| 28* | Page 5, line 12, leave out "London bus network" and insert "London Transport Network, as defined in section 242(3) of this Act." |
| | LORD HANNINGFIELD
BARONESS HANHAM |
| 29* | Page 5, leave out lines 13 to 16 and insert "at any time" |
| | LORD HANNINGFIELD
LORD LOW
BARONESS HANHAM |
| 30* | Page 5, line 20, leave out "London bus network" and insert "London Transport Network, as defined in section 242(3) of this Act." |
| 31* | Page 5, line 25, at end insert— |
| "(8C) | If a disabled person is unable to access mainstream public transport as a result of their impairment the London travel concession authority shall mark that clearly on the permit. |
| (8D) | Where a person whose current statutory travel concession permit is marked in accordance with subsection (8C) they shall be entitled to a waiver of the fare for a journey when using a dial a ride vehicle, community transport service, hackney carriage vehicle or other door to door transport. |
| (8E) | The Secretary of State shall issue guidance to travel concession authorities in London to which they shall have regard in determining for subsection (8D) whether a disabled person needs to travel by door to door transport. |
| (8F) | Before issuing guidance under subsection (8E) the Secretary of State shall consult— |
| (a) | the Disabled Persons Transport Advisory Committee; |
| (b) | associations representative of travel concession authorities; and |
| (c) | such other persons as he thinks fit."" |
| 32* | Page 5, line 25, at end insert— |
| "(8G) | If a disabled person requires the assistance of a companion to travel on journeys on public transport services, the London travel concession authority must mark that clearly on the permit. |
| (8H) | Where a person whose current statutory travel concession permit is marked in accordance with subsection (8G) is entitled under this section to a waiver of the fare for a journey, one companion travelling on the journey with the person (and nominated by the person as the person's companion for that journey) is also entitled to a waiver of the fare for the journey. |
| (8J) | The Secretary of State shall issue guidance to travel concession authorities in London to which they must have regard in determining for subsection (8H) whether a disabled person needs a companion in order to travel. |
| (8K) | Before issuing guidance under subsection (8J) the Secretary of State shall consult— |
| (a) | the Disabled Persons Transport Advisory Committee; |
| (b) | associations representative of travel concession authorities; and |
| (c) | such other persons as he thinks fit." |
| | LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE
LORD HANNINGFIELD |
| 33 | Page 6, line 1, after "permits" insert "or smartcards" |
| | LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE |
| 34* | Page 6, line 12, after "service" insert "(including tram services)" |
| | LORD HANNINGFIELD
BARONESS HANHAM |
| 35* | Page 6, line 34, leave out subsection (1) |
| 36* | Page 7, line 6, leave out subsection (3) |
| | LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE |
| 37 | Page 7, line 13, at end insert ", by allowing such appeals to be submitted at any time rather than 28 days after the commencement of a scheme as provided for by the 2000 Act" |
| | LORD HANNINGFIELD
BARONESS HANHAM |
| 38* | Page 7, line 19, leave out subsection (4) |
| 39* | Page 7, line 22, leave out "(1)(a) or" |
| | LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE |
| 40 | Page 7, line 33, at end insert ", but a metropolitan district council shall reimburse the costs incurred by the Passenger Transport Authority of any travel concession scheme which is so established while any associated grant is paid to them" |
| | LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE
LORD HANNINGFIELD |
| 41 | Page 8, line 35, after "permit" insert "or smartcard" |
| 42 | Page 8, line 38, after "permit" insert "smartcard" |
| 43 | Page 8, line 40, after "permit" insert "or smartcard" |
| 44 | Page 9, line 7, after "permit" insert "or smartcard" |
| 45 | Page 9, line 8, after "permit" insert "or smartcard" |
| 46 | Page 9, line 12, after "permit" insert "or smartcard" |
| 47 | Page 9, line 15, after "permit" insert "or smartcard" |
| 48 | Page 9, line 18, after "permit" insert "or smartcard" |
| 49 | Page 9, line 19, after "permit" insert "or smartcard" |
| 50 | Page 9, line 23, after "permit" insert "or smartcard" |
| 51 | Page 9, line 27, after "permit" insert "or smartcard" |
| | LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE
LORD HANNINGFIELD |
| 52 | Page 13, leave out line 8 |
| 53 | Page 13, line 14, at end insert "or smartcard" |
| 54 | Page 13, line 21, after "permit" insert "or smartcard" |
| 55 | Page 13, line 29, after "permit" insert "or smartcard" |
| 56 | Page 13, line 33, after "permit" insert "or smartcard" |
| 57 | Page 13, line 36, at end insert "or smartcard" |
| 58 | Page 13, line 37, after "permit" insert "or smartcard" |
| 59 | Page 14, line 8, after "permit" insert "or smartcard" |
| 60 | Page 14, line 21, after first "permit" insert "or smartcard" |
| 61 | Page 14, line 21, at end insert "or smartcard" |
| | LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE |
| 62 | Page 14, leave out from beginning of line 38 to end of line 8 on page 15 |
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