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Concessionary Bus Travel Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 15th January 2007, 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.

 

Clause 1

 

LORD DAVIES OF OLDHAM

1Page 1, line 13, leave out "bus" and insert "public service vehicle"
 

LORD HANNINGFIELD
BARONESS HANHAM
LORD LOW OF DALSTON

2*Page 1, line 13, after "bus" insert ", underground, tramway or ferries"
 

LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE

3Page 1, line 19, at end insert—
    "(   )  The Secretary of State may, by regulations, make provision for the definition of "eligible journey" to be extended to a journey on one train, underground train, tram or ferry."
 

LORD LOW OF DALSTON
BARONESS HANHAM
LORD HANNINGFIELD

4*Page 2, line 11, at end insert—
    "(   )  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,
    (c)  is without speech,
    (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,
    (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 with 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 otherwise than on the ground of persistent misuse of drugs or alcohol."
5*Page 2, line 11, at end insert—
    "(4A)  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.
    (4B)  Where a person whose current statutory travel concession permit is marked in accordance with subsection (4A) 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.
    (4C)  The Secretary of State shall issue guidance to travel concession authorities in England to which they must have regard in determining for subsection (4B) whether a disabled person needs a companion in order to travel.
    (4D)  Before issuing guidance under subsection (4C), 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."
 

LORD HANNINGFIELD
BARONESS HANHAM
LORD LOW OF DALSTON

6*Page 2, line 11, at end insert—
    "(4A)  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.
    (4B)  Where a person whose current statutory travel concession permit is marked in accordance with subsection (4A), he shall be entitled to a waiver of the fare for a journey when using a community transport service.
    (4C)  The Secretary of State shall issue guidance to travel concession authorities in England to which they shall have regard in determining for subsection (4B) whether a disabled person needs the use of community transport.
    (4D)  Before issuing guidance under subsection (4C), 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."
 

LORD HANNINGFIELD
BARONESS HANHAM

7*Page 2, line 17, at end insert ", or
    (c)  that is compliant with the ITSO standard, as detailed under Crown copyright in 2004."
 

After Clause 3

 

LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE
LORD HANNINGFIELD

8Insert the following new Clause—
  "Reimbursement of travel concession authorities
  After section 149 of the 2000 Act insert—
    "149AReimbursement of travel concession authorities
    (1)  Where a travel concession authority has responsibility for the administration of mandatory travel concessions under section 145A, including the administration and issuing of permits under section 145A(4) and the reimbursement of operators under section 149, the Secretary of State shall reimburse the authority the full costs of administering mandatory travel concessions by means of a direct annual revenue grant.
    (2)  The Secretary of State shall reserve an agreed proportion of the funding allocated to the mandatory travel concession scheme to provide a contingency fund.
    (3)  A contingency fund under subsection (2) shall be used to reimburse any travel concession authority for all unforeseen capital and set up costs incurred by that authority in introducing a scheme to comply with this section.""
 

Clause 4

 

LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE

9*Page 3, line 34, at end insert—
"(   )  In subsection (1) for "subsection (3) below" substitute "subsections (1A) and (3) below."
(   )  After subsection (1) insert—
    "(1A)  The London Authorities shall enter into arrangements with Transport for London under subsection (1) above in respect of journeys falling within section 242(2) below.""
 

Clause 5

 

LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE

10*Page 4, line 14, leave out subsection (2) and insert—
"(2)  For subsection (1) substitute—
    "(1)  If immediately before 1st January in any financial year it appears to Transport for London that the arrangements under section 240(1) for travel concessions for the next financial year—
    (a)  do not meet the requirements of section 242 below as to scope, and
    (b)  do not meet the requirements of section 243 below as to uniformity,
      Transport for London shall notify the Secretary of State and the arrangements for the current financial year will be carried forward with such adjustments as the Secretary of State may in writing specify for the purpose of ensuring that travel concessions are preserved for all eligible England residents and that additional travel concessions are preserved for eligible London residents.""
11*Page 4, line 19, after "(2)" insert—
"(a)  for "a particular local authority or" substitute "the";
(b)"  
12*Page 4, line 34, at end insert—
"(   )  Omit subsection (5)."
13*Page 4, line 35, leave out subsection (7) and insert—
"(7)  Omit Schedule 16 to the 1999 Act (the London free travel scheme)."
 

Schedule 1

 

LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE

14*Leave out Schedule 1
 

Clause 6

 

LORD DAVIES OF OLDHAM

15Page 5, line 6, at end insert—
"(   )  After subsection (1) insert—
    "(1A)  Paragraphs (b) and (c) of subsection (1) above are not to be taken as restricting the concessions that may be provided to eligible London residents on the London bus network by virtue of paragraph (a) of that subsection.""
 

LORD HANNINGFIELD
BARONESS HANHAM
LORD LOW OF DALSTON

16*Page 5, line 12, leave out "London bus network" and insert "London Local Transport Network, as defined in section 242(3) of the Greater London Authority Act 1999 (c. 29)"
17*Page 5, line 20, leave out "London bus network" and insert "London Local Transport Network, as defined in section 242(3) of the Greater London Authority Act 1999 (c. 29)."
 

LORD DAVIES OF OLDHAM

18Page 5, line 24, leave out "bus (in one direction)" and insert "public service vehicle (in one direction); and for this purpose "public service vehicle" has the meaning given by section 1 of the Public Passenger Vehicles Act 1981"
 

LORD LOW OF DALSTON
BARONESS HANHAM
LORD HANNINGFIELD

19*Page 5, line 25, at end insert—
    "(8C)  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.
    (8D)  Where a person whose current statutory travel concession permit is marked in accordance with subsection (8C) 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.
    (8E)  The Secretary of State shall issue guidance to travel concession authorities in London to which they must have regard in determining for subsection (8E) whether a disabled person needs a companion in order to travel.
    (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 the Secretary of State thinks fit.""
 

LORD HANNINGFIELD
BARONESS HANHAM
LORD LOW OF DALSTON

20*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 community transport service.
    (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 the use of community 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 the Secretary of State thinks fit.""
 

Clause 7

 

LORD DAVIES OF OLDHAM

21Page 5, line 33, after "issued" insert "to the person"
22Page 5, line 36, after "issued" insert "to the person"
23Page 5, line 38, leave out "after "in any form" insert "(subject" and insert "for "document in any form" substitute "permit in any form (subject"
 

Clause 9

 

LORD DAVIES OF OLDHAM

24Page 7, leave out lines 11 to 18 and insert—
"(b)  altering the provisions about appeals by operators in connection with reimbursement (for example, by altering who is to hear the appeals, the functions of the person or body hearing the appeals or the circumstances in which appeals may be brought);
(c)  for establishing a body to hear the appeals;
(d)  imposing requirements as to consultation;
(e)  repealing section 145A(9) to (11) of the 2000 Act;
(f)  conferring on the Secretary of State power to make regulations—
(i)  for any purpose corresponding or similar to any purpose for which regulations may be made by the Secretary of State under sections 149(3) and 150(6) and (7) of the 2000 Act (as those provisions have effect immediately before the coming into force of this section);
(ii)  about any matter ancillary to the reimbursement of, and appeals by, operators (for example, how to claim reimbursement).
(3A)  Any power to make regulations conferred by virtue of subsection (3)(f) must be exercisable by statutory instrument which must be subject to annulment in pursuance of a resolution of either House of Parliament."
 

After Clause 9

 

LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE

25Insert the following new Clause—
  "Appeals
  For section 150(4) of the 2000 Act substitute—
    "(4)  An application under subsection (3) shall be made by notice in writing given not later than 56 days after the date on which the arrangements, or the variations, come into operation.
    (4A)  The Secretary of State (in relation to England) or the Welsh Ministers (in relation to Wales) shall determine the outcome of any such application not later than 120 days after the date on which the application was made.""
 

Schedule 2

 

LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE

26*Page 13, line 8, leave out paragraph (b)
 

LORD DAVIES OF OLDHAM

27Page 14, line 33, after "Part 2)" insert—
    "(a)"  
28Page 14, line 34, at end insert—
"(b)  insert at the appropriate place—
     ""London authority" has the meaning given in section 146,"."
 

Schedule 3

 

LORD BRADSHAW
BARONESS SCOTT OF NEEDHAM MARKET
EARL OF MAR AND KELLIE

29*Page 14, line 41, column 2, at end insert—
  "(c)   subsection (5)."
30*Page 15, line 8, column 2, at end insert—
  "Schedule 16."

 
 
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©Parliamentary copyright 2007
26 January 2007