Transport Bill — Road traffic reduction strategy — 10 May 2000

I beg to move amendment No. 412, in page 113, line 4, leave out clause 200.

Mr. Deputy Speaker (Mr. Michael Lord):

With this it will be convenient to discuss the following amendments: No. 414, in clause 201, page 119, line 7, leave out "him" and insert "the Authority".

an investment bottleneck . . . operators will not be able to bring forward their own investment schemes without obtaining the SRA's approval at the outset.

The Regulator may, on application--

(a) made by the Authority, or

(b) made by any other person with the consent of the Authority,

give to a person who has an estate or interest in, or right over, an existing railway facility a direction to improve or develop the railway facility.

The Regulator shall also be under a duty in exercising the functions assigned or transferred to him under this Part--

(a) until 31st December 1996, to take into account any guidance given to him from time to time by the Secretary of State.

such amount as is reasonable,

shall be commensurate with the contravention and with the turnover and profitability of the relevant operator provided that the appropriate authority is satisfied that such an imposition will help fulfil the general duties set out in section 4 of this Act.

It being five hours after the commencement of proceedings on consideration of the Bill, Mr. Deputy Speaker , pursuant to Order [9 May], put forthwith the Question already proposed from the Chair.

Amendment negatived.

Brought up, read the First and Second time, and added to the Bill.

(4) If the Competition Commission give a direction under this section, they shall give notice--

(a) setting out the modifications contained in the notice given under section 15(4A) above;

(b) setting out the direction; and

(c) stating the reasons why they are giving the direction.

(5) A notice under subsection (4) above shall be given--

(a) by publishing the notice in such manner as the Competition Commission consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the direction; and

(b) by serving a copy of the notice on the holder of the licence.

Making of modifications by Competition Commission

15B.--(1) If the Competition Commission give a direction under section 15A above, they may themselves make such modifications of the conditions of the licence as appear to them requisite for the purpose of remedying or preventing--

(a) the adverse effects specified in their report on the reference under section 13 above; or

(b) such of those adverse effects as would not be remedied or prevented by the modifications made by the Regulator, or required to be made by the Authority, under section 15(4D) above.

(2) In exercising the function conferred by subsection (1) above, the Competition Commission shall have regard to the matters as respects which duties are imposed on the Regulator by section 4 above.

(3) Before making modifications under this section, the Competition Commission shall give notice--

(a) stating that they propose to make the modifications and setting out their effect,

(b) stating the reasons why they propose to make the modifications, and

(c) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(4) A notice under subsection (3) above shall be given--

(a) by publishing the notice in such manner as the Competition Commission consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the modifications; and

(b) by serving a copy of the notice on the holder of the licence.

(5) As soon as practicable after making any modifications under this section, the Competition Commission shall send a copy of those modifications to the Regulator, the Authority and the Health and Safety Executive.

Sections 15A and 15B: supplementary

15C.--(1) The provisions mentioned in subsection (2) below are to apply in relation to the exercise by the Competition Commission of their functions under sections 15A and 15B above as if--

(a) in section 82(1) and (2) of the 1973 Act references to a report of the Competition Commission under that Act were references to a notice under section 15A(4) or 15B(3) above;

(b) in section 85 of that Act references to an investigation on a reference made to the Competition Commission were references to an investigation by the Competition Commission for the purposes of the exercise of their functions under those sections; and

(c) in section 93B of that Act references to the functions of the Competition Commission under that Act were references to their functions under those sections.

(2) The provisions are--

(a) sections 82(1) and (2) (general provisions as to reports), 85 (attendance of witnesses and production of documents) and 93B (false or misleading information) of the 1973 Act;

(b) Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission's general functions); and

(c) section 24 of the 1980 Act (modification of provisions about performance of such functions).

(3) For the purpose of assisting the Competition Commission in exercising their functions under sections 15A and 15B above, the Regulator and the Authority shall give to the Competition Commission any information in his or its possession which relates to matters relevant to the exercise of those functions and--

(a) is requested by the Competition Commission for that purpose; or

(b) is information which, in his or its opinion, it would be appropriate for that purpose to give to the Competition Commission without any such request;

and any other assistance which the Competition Commission may require, and which it is within his or its power to give, in relation to any such matters.

(4) For the purpose of exercising those functions, the Competition Commission shall take account of any information given to them for that purpose under subsection (3) above.".'.-- [Mr. Robert Ainsworth.]

Brought up, read the First and Second time, and added to the Bill.

(2) This section applies to a pension or capital sum at any time if--

(a) at that time it is a pension in payment, a deferred pension or capital sum or a pension or capital sum to which a person's future entitlement is contingent on the death of another person, and

(b) the Board either made provision for an increase in it broadly corresponding to an official pensions increase or would have done so if it had been within paragraph (a) at a time when the Board made provision for increases broadly corresponding to an official pensions increase.

(3) But where it was the practice of the Board, when making increases broadly corresponding to an official pensions increase, in any circumstances--

(a) not to make provision for an increase, or

(b) to make provision for an increase of a reduced amount,

subsection (1) does not require the Authority to make in similar circumstances provision for an increase in excess of any for which the Board would have made provision.'.-- [Mr. Robert Ainsworth.]

Brought up, read the First and Second time, and added to the Bill.

(2) The Railway Pensions (Protection and Designation of Schemes) Order 1994 is amended as follows.

(3) In article 6 (transfers etc.), insert at the end--

"(9) In paragraphs (2), (3), (5), (7)(a) and (b)(i) and (8) references to an occupational pension scheme include a section of such a scheme."

(4) In article 7(4) (payments on transfers), insert at the end (but not as part of sub-paragraph (b))--

"and in this paragraph references to an occupational pension scheme include a section of such a scheme."

(5) In article 9 (circumstances in which breaks in continuity of employment are disregarded)--

(a) in paragraph (2), omit ", except to the extent specified in paragraph (3)," and "relevant" (in both places), and

(b) in paragraph (3), for "this article" substitute "paragraph (1)".

(6) In article 11(4) (activities to be regarded as the railway industry)--

(a) after "of Schedule 11 are" insert "the activities of the Authority or any subsidiary of the Authority and activities consisting of", and

(b) for "in each case" substitute "in each of the cases in sub-paragraphs (a) to (d)".

(7) Omit paragraphs 13 and 14 (arbitration).

(8) The amendments made by subsections (3) to (7) shall be treated as if made by an order made under Schedule 11 to the Railways Act 1993 (and, accordingly, may be varied or revoked by an order so made).'.-- [Mr. Robert Ainsworth.]

Brought up, read the First and Second time, and added to the Bill.

Brought up, read the First and Second time, and added to the Bill.

Amendment made: No. 255, in page 103, line 30, leave out--

', loans or other payments made'

and insert--

'or other payments or loans made by it, any guarantees given by it and any investment in bodies corporate'.-- [Mr. Robert Ainsworth.]

Amendment made: No. 256, in page 106, line 4, leave out--

'that Act, after section 26'

and insert--

'section 26 of that Act (invitations to tender for franchise), after subsection (3) insert--

"(4) The directions which may be given under subsection (1) above (at any time when the Secretary of State considers it inappropriate that the person who is to be the franchisee under a franchise agreement should be selected after an invitation to tender) include--

(a) a direction that that person is to be the person specified in the direction; and

(b) a direction requiring the Authority to select that person in such manner as is so specified,

(as well as a direction authorising the Authority to select that person in such other manner as it may consider appropriate).

(5) The Secretary of State shall prepare and publish a statement of policy with respect to directions under subsection (1) above.

(6) The statement shall (in particular) contain the Secretary of State's policy about--

(a) when he will consider giving a direction (including, in particular, when he will consider doing so in relation to a franchise agreement which is to replace an earlier franchise agreement before the end of its franchise term); and

(b) the sorts of direction which he will consider giving in particular circumstances.

(7) In deciding whether to give a direction, and (if so) what direction to give, the Secretary of State shall have regard to the statement of policy.

(8) The Secretary of State--

(a) may at any time alter or replace a statement of policy, and

(b) shall publish the altered or replacement statement.

(9) The Secretary of State shall undertake appropriate consultation when preparing, altering or replacing a statement of policy.

(10) When a statement of policy is prepared, altered or replaced, a copy of the statement shall be laid before each House of Parliament."

( ) After that section'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 308, in page 117, line 23, leave out--

'it was given, the applicant'

and insert--

'the direction was given, the applicant for the direction'.

No. 309, in page 117, line 28, after "varied" insert--

'on an application by the applicant for the direction or the Authority'.

No. 310, in page 117, line 29, leave out "it" and insert "the direction".

No. 311, in page 117, line 33, at end insert--

'(5) The Regulator may grant an application for the variation or revocation of a direction under section 16A above by the applicant for the direction or the Authority on condition that he or it secures

that any such compensation as the Regulator may specify is paid to the person to whom the direction was given in respect of any liabilities incurred, or other things done, by him in complying with the direction.'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 257, in page 119, line 25, at end insert--

'(3) No penalty may be imposed in respect of any contravention of a final or provisional order if provision was made in the order by virtue of section 55(7A) above in relation to the contravention.

Statement of policy

57AA.'.

No. 258, in page 119, line 38, leave out--

', is being or is likely to be'

and insert "or is being".

No. 259, in page 120, leave out lines 15 to 18 and insert--

'( ) This section applies in relation to sums required to be paid by virtue of section 55(7A) above as to penalties, but as if--

(a) references to the imposition of penalties were to the inclusion in an order of a requirement to pay a sum;

(b) references to relevant conditions or requirements were omitted; and

(c) the reference in subsection (4)(b) above to anything which has been or is being done included a reference to anything which is likely to be done.'.

No. 260, in page 120, line 27, leave out "or would constitute".

No. 261, in page 121, line 29, leave out "or would constitute".-- [Mr. Robert Ainsworth.]

Amendments made: No. 262, in page 125, line 29, at end insert--

'(7C) The Secretary of State may, after consultation with the Rail Passengers' Council, make an order providing that the duties imposed by this section apply to services of a particular class or description, particular services or services provided by a particular person--

(a) only to such extent as is specified by the order; or

(b) with such modifications as are so specified.".'.

No. 263, in page 126, line 2, at end insert--

'(9C) The Secretary of State may, after consultation with the Rail Passengers' Council, make an order providing that the duties imposed by this section apply to services of a particular class or description, particular services or services provided by a particular person--

(a) only to such extent as is specified by the order; or

(b) with such modifications as are so specified.".'. -- [Mr. Robert Ainsworth.]

Amendments made: No. 312, in page 127, line 3, leave out "below" and insert--

'or 22C below or Schedule 4A to this Act'.

No. 313, in page 127, leave out lines 47 to 49.

No. 314, in page 129, line 11, after "22C" insert--

Amendment made: No. 264, in page 132, line 15, at beginning insert--

'(1) Section 84 of the Railways Act 1993 (power of Board to form companies) shall apply as if facilitating the carrying into effect of, or of any provision made under, sections 194, 195 and 215 and Schedules 17, 18 and 23 were a purpose specified by the Secretary of State under subsection (1)(d) of that section; and section 85 of that Act (power of Board to make transfer schemes) shall apply as if that were a purpose specified in subsection (3)(b) of that section.'.-- [Mr. Robert Ainsworth.]

Amendment made: No. 265, in page 134, line 12, leave out from "regulations" to end of line 15 and insert--

'( ) The regulations may provide for such offences to be triable--

(a) only summarily, or

(b) either summarily or on indictment.

( ) The regulations may provide for an offence triable only summarily to be punishable on conviction with a fine not exceeding--

(a) level 5 on the standard scale, or

(b) such lower amount as may be prescribed.

( ) The regulations may provide for an offence triable either summarily or on indictment to be punishable--

(a) on summary conviction, with a fine not exceeding the statutory maximum or such lower amount as may be prescribed, or

(b) on conviction on indictment, with a fine.'.-- [Mr. Robert Ainsworth.]

Amendment made: No. 317, in page 135, line 31, leave out Clause 221.-- [Mr. Robert Ainsworth.]

Amendment made: Leave out Clause 222.-- [Mr. Robert Ainsworth.]

Amendments made: No. 319, in page 201, line 18, at end insert--

'Taxation

13A.--(1) The Secretary of State may make regulations for the purpose of eliminating, or reducing to such extent as may be prescribed, the Authority's liability to tax in respect of--

(a) income and chargeable gains, or

(b) any prescribed class of income or chargeable gains.

(2) The regulations may, in particular, provide--

(a) for any elimination or reduction of liability to tax conferred by virtue of sub-paragraph (1) to be subject to prescribed conditions (including conditions requiring prescribed activities of the Authority to be carried out by persons other than the Authority), and

(b) for transactions entered into by the Authority not to be invalidated merely by reason of a contravention of any such conditions.

(3) The regulations may--

(a) for purposes connected with any elimination or reduction of liability to tax conferred by virtue of sub-paragraph (1), apply or modify any provision made by or under the Corporation Tax Acts (including provision made by Schedule (Transfers: Tax) ),

(b) make different provision for different cases, and

(c) include such incidental, consequential, supplementary and transitional provision and savings as the Secretary of State may consider appropriate.

(4) Regulations under this paragraph--

(a) shall be made by statutory instrument, and

(b) require the consent of the Treasury.

(5) No regulations shall be made under this paragraph unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, the House of Commons.'.

No. 266, in page 204, line 20, at end insert--

'Freedom of Information Act 2000 (c.00)

. In Part VI of Schedule 1 to the Freedom of Information Act 2000 (public authorities), insert (at the appropriate place in alphabetical order)--

The Strategic Rail Authority.".'.-- [Mr. Robert Ainsworth.]

Amendment made: No. 320, in page 217, line 28, leave out paragraph 61 and insert--

'61. For section 196 (power of Greater London Authority to give instructions or guidance to Franchising Director) and the heading before it substitute--

"The Authority and the Strategic Rail Authority

Power of Authority to give directions and guidance to Strategic Rail Authority

196.--(1) The Authority may give directions and guidance to the Strategic Rail Authority in relation to the provision of railway services in Greater London.

(2) It is immaterial for the purpose of giving directions and guidance under subsection (1) above whether implementation of the directions and guidance affects railway services outside Greater London.

(3) The Strategic Rail Authority shall exercise its functions in the manner best calculated to implement any directions and guidance given to it by the Authority (but subject to subsections (4) and (5) below).

(4) The Strategic Rail Authority shall not implement any directions or guidance given to it by the Authority if or to the extent that to do so would prevent or seriously hinder the Strategic Rail Authority--

(a) from complying with any directions given to it by the Secretary of State under section 184(5) of the Transport Act 2000 or from having regard to any guidance so given; or

(b) from exercising any of its functions in a manner which is consistent with its financial framework.

(5) The Strategic Rail Authority need not implement any directions or guidance given to it by the Authority if or to the extent that to do so would--

(a) have an adverse effect on the provision of services for the carriage of passengers or goods by railway outside Greater London; or

(b) increase the amount of any expenditure of the Strategic Rail Authority under agreements or other arrangements entered into (in accordance with a franchise agreement) with the franchise operator, the franchisee or any servant, agent or independent contractor of the franchise operator or franchisee.

(6) If the Strategic Rail Authority decides not to implement any directions or guidance given to it by the Authority, whether generally or in a particular case, it shall give the Authority notification of the decision and its reasons for it.

(7) The directions and guidance which may be given under this section are--

(a) directions and guidance as to the manner in which the Strategic Rail Authority is to exercise its functions in order to comply with section 184(1) to (3) of the Transport Act 2000, and

(b) directions to the Strategic Rail Authority not to exercise any of its functions in a particular manner (or not to do so without consulting, or obtaining the consent of, the Authority),

in relation to the provision of services for the carriage of passengers by railway or the operation of additional railway assets under or by virtue of any franchise agreement or any provision of sections 30 and 37 to 49 of the Railways Act 1993.

(8) The functions of the Authority under this section shall be exercisable by the Mayor acting on behalf of the Authority.

(9) Expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part.".'. -- [Mr. Robert Ainsworth.]

No. 268, in page 227, line 48, leave out--

'and every decision that a closure is minor'

and insert--

', every determination under section 37(1), 38(2), 39(1), 40(2), 41(1) or 42(2) above that a closure is a minor closure, every condition imposed under section 37(1), 39(1) or 41(1) above, every general determination under section 46A above and every revocation of a general determination under that section'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 269, in page 230, line 34, leave out "and (1A)".

No. 270, in page 230, line 35, at end insert "and".

No. 271, in page 230, line 36, leave out from "Authority"," to end of line 39.

No. 272, in page 230, line 42, at end insert--

'( ) In subsection (2) (as substituted by section 25(2) of the British Railways Act 1978)--

(a) in paragraph (c), for "Commission" substitute "Authority", and

(b) in paragraph (e), for the words from "which authority" to "is hereby" substitute "which authority any justice or the Chief Constable of the British Transport Police Force is hereby".'.

No. 273, in page 231, leave out lines 25 to 27.

No. 274, in page 232, line 8, at end insert--

' . In paragraph 3(2) of Schedule 10 (power of Secretary of State, after consultation with Board and others, to amend existing scheme for organisation of transport police), for "Board" (in both places) substitute "Authority".'.-- [Mr. Robert Ainsworth.]

. In section 60(1) (interpretation), before the definition of "the Board" insert--

""the Authority" means the Strategic Rail Authority;".'.

No. 275, in page 251, line 5, at end insert--

'Channel Tunnel Act 1987 (c.53)

. In paragraph 5 of Schedule 6 to the Channel Tunnel Act 1987 (application of offence provisions), for "the Railways Board" substitute "a successor of the British Railways Board within the meaning of the Railways Act 1993 (Consequential Modifications) (No.2) Order 1999".'.

No. 324, in page 251, line 9, at end insert--

'. In section 9 (licence conditions), after subsection (3) insert--

"(3A) Conditions included in a licence by virtue of subsection (1)(a) above may include provision about any matter which is dealt with (whether in the same or a different manner) by an access agreement.".'.

No. 325, in page 251, line 9, at end insert--

'.--(1) In section 13 (modification references to Competition Commission) is amended as follows.

(2) In subsection (8)(c)(i), for "Director" substitute "Regulator".

(3) In subsection (8A)(a)--

(a) for "and 85" substitute ", 85", and

(b) after "documents)" insert "and 93B (false or misleading information)".'.

No. 326, in page 252, line 41, at end insert--

'(vb) every notice given by or to the Regulator or the Competition Commission under Schedule 4A to this Act;".'.

No. 327, in page 254, line 15, leave out from beginning to "for" in line 16 and insert--

'(1) Schedule 11 (pensions) is amended as follows.

(2) In paragraph 1(1) (interpretation), in paragraph (a) of the definition of "eligible person"--

(a) after "of the Board," insert--

"(ia) the Authority or any subsidiary of the Authority,", and

(b)'.

No. 328, in page 254, line 18, at end insert--

'(3) In paragraphs 3(4) and 4(5), for "after consultation with" substitute "with the consent of".

(4) In paragraph 10(15)(b), for "Board" (in both places) substitute "Authority".

(5) In paragraph 11(10), in the definition of "relevant employer" insert at the end--

"(d) the Authority; or

(e) a wholly owned subsidiary of the Authority.".'.

No. 276, in page 254, line 26, at end insert--

'. The Channel Tunnel Rail Link Act 1996 has effect subject to the following amendments.

. After section 42 insert--

"Strategic Rail Authority as agent of Secretary of State

42A.--(1) The Strategic Rail Authority may do anything which it arranges with the Secretary of State to do on his behalf in connection with any agreement or other arrangement made by him for the purpose of securing the design, construction, financing, maintenance or operation of the rail link or any of the other works authorised by this Part of this Act.

(2) Subsection (1) above--

(a) does not authorise the Strategic Rail Authority to exercise any function conferred or imposed by or by virtue of any enactment, and

(b) is subject to the terms of the agreement or other arrangement.

(3) Sections 184 and 185 of the Transport Act 2000 do not apply to the power conferred by this section.".'.

No. 277, in page 254, line 27, leave out--

'to the Channel Tunnel Rail Link Act 1996'.-- [Mr. Robert Ainsworth.]

Amendments made: No. 278, in page 256, line 29, at end insert--

' . The fact that a statement of policy has not been published by the Secretary of State under section 26(5) of the Railways Act 1993, as inserted by section 189, does not affect the validity of any direction given under section 26(1) of that Act.'.

No. 279, in page 257, line 4, at end insert--

'or

(b) the inclusion in a final or provisional order of any requirement to pay a sum or any determination of the amount of any sum payable in accordance with such an order.'.

No. 329, in page 257, line 9, at end insert--

'Review of access charges

.--(1) This paragraph applies if, before this Act is passed, notice has been given by the Regulator of his conclusions on an access charges review (within the meaning of Schedule 4A to the Railways Act 1993, as inserted by Schedule ( Review of access charges by Regulator ) to this Act) but the conclusions have not been implemented.

(2) The conclusions may be implemented after the time by which they are to be implemented in accordance with the access agreement.

(3) The procedure for the implementation of the conclusions shall be as provided for by paragraphs 4 to 16 of Schedule 4A to the Railways Act 1993 (and not as provided for by the access agreement).'.-- [Mr. Robert Ainsworth.]

Ordered,

That Clause 220 be transferred to end of line 4 on page 133.-- [Mr. Robert Ainsworth.]

(2) In preparing the strategy the Secretary of State or National Assembly for Wales shall consult such persons as they see fit.

(3) The Secretary of State or the National Assembly for Wales shall as soon as is practicable after its completion publish the strategy and take such steps as are in their opinion necessary to ensure that the indicative levels are met.

(4) The Secretary of State or the National Assembly for Wales shall thereafter report from time to time on the progress of the strategy.

(5) The Secretary of State or the National Assembly for Wales may amend the strategy from time to time as they see fit to ensure that the indicative levels are met.'.-- [Mr. Don Foster.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

10 May 2000 : Column 936

We recognise that it should be possible to derive national benchmark profiles for congestion and traffic, but, having been developed in this bottom-up way, they must always be seen as indicative, and not prescriptive. Nevertheless, recognition by Government of such a bottom-up benchmark would demonstrate its commitment to pushing forward the integrated transport agenda.

reduce and then reverse traffic growth.

I will have failed if in five years time there are not many more people using public transport and far fewer journeys by car. It's a tall order but I urge you to hold me to it.

I readily set the target for myself and I am glad that we are on the way to achieving it.--[ Official Report , 18 November 1999; Vol. 339, c. 161.]

Traffic reduction is vital for human health, the environment, and social justice. It was an important Labour election pledge.

consult such persons as they see fit.

develop policies for the promotion and encouragement of . . . efficient . . . transport.

meet the needs of persons living or working in the authority's area.

The House divided: Ayes 37, Noes 319.

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