Railways Act 1993

150 Crown application

(1) The following provisions of this Act bind the Crown—

(a) sections 17 to 22;

(b) sections 55 to 58, except sections 55(8) and 58(4) and (5);

(c) sections 59 to 62;

(d) sections 85 to 88, 91 to 94, 96 and 97;

(e) subject to, and in accordance with, section 48 of the [1974 c. 37.] Health and Safety at Work etc. Act 1974, section 117 (other than subsection (5)) so far as affecting or relating to provisions of, or regulations under, Part I of that Act which bind the Crown;

(f) section 118, except subsections (7) and (8);

(g) sections 119 to 121, except sections 120(4) and (5) and 121(4) to (6);

(h) section 122;

(j) section 144, so far as relating to other provisions of this Act which bind the Crown;

(k) Schedule 4;

(l) Schedule 6, to the extent that it applies, amends or modifies the operation of provisions of the [1986 c. 45.] Insolvency Act 1986 which bind the Crown so far as affecting or relating to the matters specified in paragraphs (a) to (e) of section 434 of that Act;

(m) Schedule 7;

(n) Schedule 8;

(o) the amendments and repeals made by Schedules 12 and 14, to the extent that the enactments to which they relate bind the Crown.

(2) Nothing in subsection (1) above so far as relating—

(a) to sections 55 to 58 above, or

(b) to section 144 above, so far as relating to those sections,

shall authorise proceedings to be brought against Her Majesty in her private capacity.

(3) Subsection (2) above shall be construed as if section 38(3) of the [1947 c. 44.] Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

(4) No person with whom the Franchising Director enters into an agreement or arrangement pursuant to section 51 above shall be regarded, by virtue of that agreement or arrangement, as a servant or agent of the Crown, or as having any status, immunity or privilege of the Crown.