Supplementary Provisions as to Qualifications for PSV Opera Tor's Licence

Transport Bill – in the House of Commons at 2:15 am on 25th June 1980.

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Lords amendment: No. 98, in page 55, line 11, leave out paragraph 1 and insert— 1.—(I) in determining whether an individual is of good repute, traffic commissioners shall have regard to all the relevant evidence and in particular to—

  1. (a) relevant convictions of his and of his employees and agents; and
  2. (b) such other information as the commissioners may have as to his previous conduct, in whatever capacity, in relation to the operation of vehicles of any description in the course of a business.
(2) In determining whether a company is of good repute, traffic commissioners shall have regard to all the relevant evidence and in particular to—
  1. (a) relevant convictions of the company and its officers, employees and agents; and
  2. (b) such other information as the commissioners may have as to the previous conduct of—
    1. (i) the company's officers, employees and agents in relation to the operation of vehicles of any description in the course of any business carried on by the company; and
    2. (ii) each of the company's directors, in whatever capacity, in relation to the operation of vehicles of any description in the course of any other business."

Photo of Kenneth Clarke Kenneth Clarke Parliamentary Secretary (Ministry of Transport)

I beg to move, That this House doth agree with the Lords in the said amendment.

I think that this is best described as a clarifying amendment. It is an attempt to redraft the "good repute" provisions of the Bill as they left this House. A certain amount of confusion was created by the original draft because it had slightly confused the criteria for judging the repute of individuals with those for judging the repute of companies. I hope that the new draft commends itself to this House, as it did to their Lordships, as an improvement on the original draft.

Question put and agreed to.

Lords amendments Nos. 99 and 100 agreed to.

Lords amendment: No. 101, in page 56, line 23, leave out "before 1st January 1978".

Photo of Kenneth Clarke Kenneth Clarke Parliamentary Secretary (Ministry of Transport)

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker:

With this it will be convenient to discuss Lords amendments Nos. 103 and 104.

Photo of Kenneth Clarke Kenneth Clarke Parliamentary Secretary (Ministry of Transport)

These amendments are purely technical. They are designed to ensure that paragraphs 7 to 9 of schedule 3 really mean what they should—that they agree in every way with the EEC access directive. The previous draft was unclear in two small respects.

Question put and agreed to.

Lords amendments Nos. 102 to 105 agreed to.