Section 216.
SCHEDULE 17U.K. Transfers to SRA from Rail Regulator
This
Atodlen has no associated
Nodiadau Esboniadol
Part IE+W+S Functions relating to licences
IntroductoryE+W+S
1E+W+SThe Railways Act 1993 has effect subject to the following amendments.
Commencement Information
Marginal Citations
ExemptionsE+W+S
2(1)Section 7 (exemptions from requirement for operator of railway asset to be authorised by licence) is amended as follows.E+W+S
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In subsection (7), for “subsection (6) above” substitute “ this section ”.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Commencement Information
Consumer protection conditionsE+W+S
3E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
GrantE+W+S
4(1)Section 8 (licences) is amended as follows.E+W+S
(2)In subsection (1)—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in paragraph (b) (grant by Regulator with consent of, or in accordance with general authority given by, Secretary of State), for the words after “consent” substitute “ , or in accordance with a general authority, of the Secretary of State given after consultation with the Authority, ”.
(3)In subsection (2) (general authority may require Regulator to consult, or obtain approval of, Secretary of State), for the words after “above” substitute—
“(a)shall include a requirement for the Regulator before granting a licence to consult the Authority about, or a requirement for him before doing so to obtain the approval of the Authority to, any conditions to be included in the licence which relate to consumer protection; and
(b)may include a requirement for the Regulator either to consult the Secretary of State, or a requirement to obtain his approval before granting a licence;
but a failure to comply with such a requirement shall not affect the validity of the licence. ”
(4)In subsection (6) (certain licences not capable of being surrendered without consent of Regulator), for “without the consent of the Regulator” substitute “ unless the Regulator and the Authority consent to the surrender ”.
(5)In subsection (7) (grantor of licence to give copies)—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in paragraph (b), after “Regulator,” insert “ to the Authority and ”.
Textual Amendments
Commencement Information
AssignmentE+W+S
5(1)Section 11 (assignment of licences) is amended as follows.E+W+S
(2)In subsection (2) (requirement of consent of whichever of the relevant authorities is specified), for the words after “consent of” substitute—
“(a)the Secretary of State, if he is specified for the purpose in the licence; or
(b)the Regulator and the Authority, in any other case.”
(3)Omit subsection (3) (definition of “relevant authorities”).
(4)In subsection (4) (consent may be given subject to conditions imposed by person giving consent), for “the person giving the consent thinks fit to impose” substitute “ are imposed by the person or persons giving the consent ”.
ModificationE+W+S
6(1)Section 12 (modification by agreement) is amended as follows.E+W+S
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In subsection (2) (notice by Regulator)—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)after “and shall” insert “ , before making the modifications, ”.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Commencement Information
7(1)Section 13 (modification references to Competition Commission) is amended as follows.E+W+S
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In subsection (3) (matters which may be specified in reference or variation)—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)for “his” (in both places) substitute “ its ”.
(6)In subsection (4) (notice of reference or variation)—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)for “he” substitute “ it ”.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)In subsection (6) (assistance to Commission)—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)for “his possession” substitute “ the possession of the appropriate authority ”,
(c)for “his opinion” substitute “ the opinion of the appropriate authority ”, and
(d)for “his power” substitute “ the power of the appropriate authority ”.
Textual Amendments
Commencement Information
8(1)Section 14 (reports on modification references) is amended as follows.E+W+S
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In subsection (5) (publication by Regulator)—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)for “he” substitute “ it ”.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Commencement Information
9(1)Section 15 (modification following report) is amended as follows.E+W+S
(2)In subsection (1) (duty of Regulator to modify)—
(a)for “Where” substitute “ This section applies where ”, and
(b)omit the words following paragraph (d).
(3)After that subsection insert—
“(1A)Where the report is made to the Regulator he shall, subject to the following provisions of this section and to section 15A below, make such modifications of the conditions of the licence as appear to him requisite for the purpose of remedying or preventing the adverse effects specified in the report.
(1B)Where the report is made to the Authority it shall, subject to the following provisions of this section and to section 15A below, require the Regulator to make such modifications of the conditions of the licence as appear to it requisite for the purpose of remedying or preventing the adverse effects specified in the report.”
(4)In subsection (2) (Regulator to have regard to modifications specified in report)—
(a)after “making” insert “ , or requiring the making of, ”, and
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In subsection (3) (notice by Regulator), for “this section” substitute “ subsection (1A) above ”.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Commencement Information
10E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
EnforcementE+W+S
11(1)Section 55 (orders for securing compliance) is amended as follows.E+W+S
(2)After subsection (5) insert—
“(5ZA)The Authority shall not make a final order, or make or confirm a provisional order, in relation to a licence holder or person under closure restrictions unless—
(a)it has given notice to the Regulator specifying a period within which he may give notice to it if he considers that the most appropriate way of proceeding is under the Competition Act 1998;
(b)that period has expired; and
(c)the Regulator has not given notice to the Authority within that period that he so considers (or, if he has, he has withdrawn it).”
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In subsection (11), for “(5A)” substitute “ (5ZA) ”.
Textual Amendments
Commencement Information
Marginal Citations
12E+W+SIn section 56 (procedural requirements), after subsection (2) insert—
“(2A)Where the Regulator serves a copy of a notice under subsection (1) above on a licence holder, he shall also serve a copy on the Authority; and where the Authority so serves a copy of such a notice, it shall also serve a copy on the Regulator.”
InvestigationE+W+S
13E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RegistersE+W+S
15E+W+SIn section 72(2)(a) (matters about licences to be entered in register maintained by Regulator)—
(a)in sub-paragraph (iii) (modifications and revocations of licences), insert at the end “ and every requirement to modify conditions of a licence imposed on the Regulator by the Authority ”,
(b)in sub-paragraph (iv) (revocation of licence exemptions), insert at the end “ and every requirement to revoke a licence exemption imposed on the Regulator by the Authority ”,
(c)in sub-paragraph (vii) (enforcement orders etc.), for “which relates” substitute “ made by the Regulator in relation ”, and
(d)after that sub-paragraph insert—
“(viii)every scheme made by the Secretary of State under section 7A(4) above or paragraph 2 of Schedule 28 to the Transport Act 2000;”.
16E+W+SIn section 73(2) (matters which Authority is to enter in register maintained by it)—
(a)in paragraph (e) (provisions of enforcement orders etc.), for “which relates to” substitute “ made by the Authority in relation to a licence or ”, ...
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Commencement Information
Part IIE+W+S Other functions
IntroductoryE+W+S
17E+W+SThe Railways Act 1993 has effect subject to the following further amendments.
Commencement Information
Marginal Citations
Rail users’ consultative committeesE+W+S
18E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20(1)Section 76 (general duties of Central Committee) is amended as follows.E+W+S
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In subsection (5), for the words from “refer the matter” to the end substitute “ , unless representations about the matter have been made to the Authority by the Rail Passengers’ Council, refer it to the Authority with a view to the Authority exercising such of its powers as it considers appropriate in the circumstances of the case. ”
(4)After that subsection insert—
“(5A)But if the Authority considers that it would be more appropriate for a matter referred to it by the Rail Passengers’ Council to be considered by the Regulator, the Authority shall refer it to him, with a view to his exercising such of his powers as he considers appropriate in the circumstances of the case.”
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Commencement Information
21E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ClosuresE+W+S
25[(1)In sections 37(1), 38(2), 39(1), 40(2), 41(1) and 42(2) (provisions about closures with exceptions for closures certified by Regulator as minor closures), for “certified by the Regulator as being” substitute “ determined by the Authority to be ”.E+W+S
(2)In the definition of “minor closure” in section 37(9), and in both places in that definition in sections 39(10) and 41(9), omit “, in the opinion of the Regulator,”.
(3)Before section 47 insert—
46B“ Notification of minor closures to Regulator.
The Authority shall notify the Regulator of 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.”]
Textual Amendments
Commencement Information
26E+W+S[In section 55(10) (orders for securing compliance), in the definition of “the appropriate officer”—
(a)in paragraph (a), omit “or a person under closure restrictions,”, and
(b)in paragraph (b), for “or a franchise operator” substitute “ , a franchise operator, a person under closure restrictions or a person (other than the Authority) who is required to comply with closure conditions or has agreed to comply with conditions under section 37(1), 39(1) or 41(1) above ”.]
Textual Amendments
Commencement Information
27[(1)In section 73(2) (matters which Authority must cause to be entered in register)—E+W+S
(a)after paragraph (d) insert—
“(da)every closure consent and closure condition, 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;”,
and
(b)in paragraph (e) (orders relating to franchise agreements), after “agreement” insert “ or to any closure or proposed closure or to any closure consent or closure condition ”.
(2)In section 72(2), omit paragraph (c) (existing obligation of Regulator to keep information about closures).]
Textual Amendments
Commencement Information
Code for protection of disabled rail usersE+W+S
28(1)After section 71A insert—E+W+S
“71B Code of practice for protection of interests of rail users who are disabled.
(1)The Authority shall—
(a)prepare and from time to time revise, and
(b)publish and otherwise promote the adoption and implementation of,
a code of practice for protecting the interests of users of railway passenger services or station services who are disabled
(2)In preparing or revising the code of practice, the Authority shall consult the Disabled Persons Transport Advisory Committee established under section 125 of the Transport Act 1985.”
(2)Omit section 70 (existing obligation of Regulator in relation to code).
Commencement Information
Marginal Citations
Annual reportsE+W+S
29(1)In section 75 (annual report of Authority), after subsection (1) insert—E+W+S
“(1A)Every such report shall include—
(a)general surveys of any developments during that year which relate to—
(i)the provision of railway passenger services or station services for, or the use of such services by, persons who are disabled; or
(ii)the employment by licence holders of persons who are disabled; and
(b)a general survey of the activities during that year of the Rail Passengers’ Council and the Rail Passengers’ Committees and a summary of any reports made to the Authority by the Rail Passengers’ Council or any Rail Passengers’ Committee.”
(2)In section 74(2) (matters to be included in annual report of Regulator), omit paragraphs (b) and (d) (the matters which are now to be included in the annual report of the Authority by virtue of section 75(1A)(b) and (c)).
Penalty faresE+W+S
30E+W+SIn section 130 (penalty fares), for “Regulator” (in each place) substitute “ Authority ”.
Part IIIU.K. Associated property, rights and liabilities
Transfer schemesE+W+S
31(1)The Secretary of State may make one or more schemes for the transfer to the Authority of such of the property, rights and liabilities of the [Office of Rail Regulation] (including any rights and liabilities relating to staff appointed by him) as the Secretary of State considers appropriate in consequence of the transfers of functions effected by Parts I and II of this Schedule.E+W+S
(2)In this Part of this Schedule “transfer scheme” means a scheme under this paragraph.
Contents of transfer schemeE+W+S
32(1)The property, rights and liabilities which may be transferred by a transfer scheme include property, rights and liabilities that would not otherwise be capable of being transferred or assigned.E+W+S
(2)The transfers authorised by sub-paragraph (1) include transfers which are to take effect as if there were no such contravention, liability or interference with any interest or right as there would otherwise be by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.
33E+W+SA transfer scheme may define the property, rights and liabilities to be transferred to the Authority by specifying them or describing them or by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the [Office of Rail Regulation] (or partly in one way and partly in the other).
34E+W+SA transfer scheme may contain provision—
(a)for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the [Office of Rail Regulation],
(b)for the creation in favour of the Authority of an interest in or right over, property retained by the [Office of Rail Regulation],
(c)for the creation of rights and liabilities as between the Authority and the [Office of Rail Regulation], or
(d)for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against the Authority.
35E+W+SA transfer scheme may make such supplementary, incidental and consequential provision as the Secretary of State considers appropriate.
Effect of transfer schemeE+W+S
36E+W+SOn the date appointed by a transfer scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this paragraph, be transferred in accordance with the provisions of the scheme.
37E+W+SNothing in this Part affects the validity of anything done by or in relation to the [Office of Rail Regulation] in connection with anything transferred under a transfer scheme.
38E+W+SThere may be continued by or in relation to the Authority anything (including legal proceedings) relating to anything transferred by a transfer scheme which is in the process of being done by or in relation to the [Office of Rail Regulation] immediately before it is transferred.
39E+W+SAnything done by the [Office of Rail Regulation] for the purpose of or in connection with anything transferred by a transfer scheme which is in effect immediately before it is transferred shall be treated as if done by the Authority.
40E+W+SThe Authority shall be substituted for the [Office of Rail Regulation] in documents and legal proceedings relating to anything transferred by a transfer scheme.
Transfer of employeesU.K.
41(1)This paragraph applies where a person employed in the civil service of the state becomes an employee of the Authority under a transfer scheme.U.K.
(2)For the purposes of the Employment Rights Act 1996—
(a)his period of employment in the civil service of the state counts as a period of employment with the Authority, and
(b)the change of employment does not break the continuity of the period of employment.
Modification of transfer schemeE+W+S
42(1)If at any time after a transfer scheme has come into force the Secretary of State considers it appropriate to do so, he may by order provide that the scheme shall for all purposes be deemed to have come into force with such modifications, other than modifications relating to the transfer of rights and liabilities under a contract of employment, as may be specified in the order.E+W+S
(2)An order under sub-paragraph (1) may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme, and in connection with giving effect to that provision from that time may contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
(3)An order under sub-paragraph (1) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Provision of information to Secretary of StateE+W+S
43E+W+SThe [Office of Rail Regulation] shall provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of or in connection with the exercise of any of the powers conferred on him by this Part of this Schedule.
ConsultationE+W+S
44E+W+SBefore making a transfer scheme, or an order modifying such a scheme, the Secretary of State shall consult the [Office of Rail Regulation] and the Authority.