Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Words in Sch. 17 Pt. III substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(t)(v); S.I. 2004/827, art. 4(g)
Section 216.
The
Section 7 (exemptions from requirement for operator of railway asset to be authorised by licence) is amended as follows.
The Regulator shall obtain the approval of the Authority to any condition of a licence exemption which relates to consumer protection; but a failure to comply with this subsection shall not affect the validity of the licence exemption.
If the broken condition relates to consumer protection, the Authority may require the Regulator to give to any relevant person specified by the Authority a direction declaring that the licence exemption is revoked, so far as relating to that person, to such extent and from such date as is specified by the Authority.
The Authority may require the Regulator, when he gives a direction to any person in compliance with a requirement under subsection (6A) above, also to direct that person to refrain from being the operator of any railway assets, any railway assets specified by the Authority or any railway assets of a class or description so specified.
For the purposes of this Part conditions of a licence or licence exemption relate to consumer protection if they are— conditions about fares, other than conditions about predatory fare pricing; conditions about complaints against the operator by members of the public or liabilities of the operator to members of the public; conditions about insurance; conditions about policing or security; conditions for facilitating the use of railway services by members of the public (for instance, conditions about timetable information, enquiries, sale of tickets, through ticketing and conditions of carriage); conditions about liaison with the Rail Passengers’ Council or Rail Passengers’ Committees; or conditions for protecting the interests of persons who are disabled. The Secretary of State may make regulations providing that for the purposes of this Part— further prescribed descriptions of conditions of licences or licence exemptions are conditions which relate to consumer protection; or conditions of any description within subsection (1) above are not conditions which so relate. Only conditions for protecting the interests of the public may be prescribed under subsection (2)(a) above and conditions of the following descriptions may not be so prescribed— conditions about technical standards or procedures (including safety standards or procedures); conditions about the protection of the environment; conditions about responsibility for, or access to, the railway assets to which the licence or licence exemption relates; conditions relating to the development, improvement or maintenance of the network; and conditions about anti-competitive practices (including predatory fare pricing and cross-subsidy), investment, financial standards or auditing (including efficiency audits). The Secretary of State may make in relation to any licence or licence exemption granted before the coming into force of regulations under subsection (2) above a scheme making such provision as appears to him to be appropriate in consequence of the provision made by the regulations. A scheme under subsection (4) above may include modifications of— the licence or licence exemption, and any agreements or other arrangements or other documents relating to the person (or any of the persons) to whom it was granted, (in particular so that references to the Regulator have effect as references to the Authority or that references to the Authority have effect as references to the Regulator). The scheme may include provision— for things done by the Regulator before the time when the scheme comes into force to be treated after that time as if done by the Authority; or for things done by the Authority before the time when the scheme comes into force to be treated after that time as if done by the Regulator. Before making a scheme under subsection (4) above the Secretary of State must consult— the Authority; the Regulator; the person or persons to whom the licence or licence exemption was granted; and any such other persons as the Secretary of State considers appropriate. The provision made by regulations under subsection (2) above applies in relation to any licence or licence exemption granted before the coming into force of the regulations only from the coming into force of a scheme made under subsection (4) above in relation to the licence or licence exemption. In the case of the exercise by the Authority of any function in relation to conditions of a licence or licence exemption which relate to consumer protection— section 207 of the Transport Act 2000 shall not apply; but section 4 above shall apply (as if the Authority were the Regulator).
Section 8 (licences) is amended as follows.
In subsection (1)—
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 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.
In subsection (7) (grantor of licence to give copies)—
Section 11 (assignment of licences) is amended as follows.
the Secretary of State, if he is specified for the purpose in the licence; or the Regulator and the Authority, in any other case.
Omit subsection (3) (definition of “relevant authorities”).
Section 12 (modification by agreement) is amended as follows.
The Regulator may not modify the conditions of a licence which relate to consumer protection unless the Authority also consents to the modifications. Where the Authority proposes to consent to modifications of such conditions, it shall give notice— stating that it proposes to consent to the modifications and setting out their effect, stating the reasons why it proposes to consent to the modifications, and specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made, and shall, before giving consent, consider any representations or objections which are duly made and not withdrawn. If the Authority consents to the modifications, it shall give a copy of any such representations or objections to the Regulator; and the Regulator shall consider them before making the modifications.
In subsection (2) (notice by Regulator)—
In subsection (3) (giving of notice)—
Section 13 (modification references to Competition Commission) is amended as follows.
In this section and section 14 below “ where conditions of the licence addressing the matters specified in the reference would all inevitably be conditions relating to consumer protection, the Authority; and in any other case, the Regulator. Before the Authority makes a reference under this section— where the licence authorises the operation of trains for the purpose of carrying passengers or goods by railway for hire or reward, it shall obtain the consent of the Regulator; and in any other case, it shall consult the Regulator. Before the Regulator makes a reference under this section— where any condition of the licence addressing the matters specified in the reference would or may be conditions relating to consumer protection, he shall obtain the consent of the Authority; and in any other case, he shall consult the Authority.
In subsection (3) (matters which may be specified in reference or variation)—
In subsection (4) (notice of reference or variation)—
In subsection (6) (assistance to Commission)—
Section 14 (reports on modification references) is amended as follows.
In subsection (5) (publication by Regulator)—
When the Authority receives such a report it shall send a copy of it to the Regulator; and when the Regulator receives such a report he shall send a copy of it to the Authority.
Section 15 (modification following report) is amended as follows.
In subsection (1) (duty of Regulator to modify)—
omit the words following paragraph (d).
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. 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.
In subsection (2) (Regulator to have regard to modifications specified in report)—
Before requiring the Regulator to make modifications under subsection (1B) above, the Authority shall give notice— stating that it proposes to require the making of the modifications and setting out their effect, stating the reasons why it proposes to require the making of the modifications, and specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made, and shall consider any representations or objections which are duly made and not withdrawn.
In subsection (4) (giving of notice)—
Section 55 (orders for securing compliance) is amended as follows.
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— 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 that period has expired; and the Regulator has not given notice to the Authority within that period that he so considers (or, if he has, he has withdrawn it).
In subsection (10), in the definition of “the appropriate officer”—
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.
Subject to subsection (2) below, it shall be the duty of the Authority to investigate any alleged or apprehended contravention of a condition of a licence which relates to consumer protection if the alleged or apprehended contravention is the subject of a representation made to the Authority by or on behalf of a person who appears to the Authority to have an interest in the matter (other than one appearing to the Authority to be frivolous or vexatious). The Authority may, if it thinks fit, require a Rail Passengers’ Committee to investigate and report to it on any matter falling within subsection (1) above which relates to— the provision of services for the carriage of passengers by railway, or the provision of station services, and which it would otherwise have been the Authority’s duty to investigate.
In section 72(2)(a) (matters about licences to be entered in register maintained by Regulator)—
every scheme made by the Secretary of State under section 7A(4) above or paragraph 2 of Schedule 28 to the Transport Act 2000;
In section 73(2) (matters which Authority is to enter in register maintained by it)—
every licence with conditions relating to consumer protection, every licence exemption with such conditions and every approval given by the Authority to such conditions of a licence or licence exemption; every assignment of a licence to which the Authority has consented; every requirement to modify conditions of a licence imposed by the Authority on the Regulator; every requirement to revoke a licence exemption imposed by the Authority on the Regulator; every requirement imposed, or consent or approval given, by the Authority under a licence; every scheme made by the Secretary of State under section 7A(4) above or paragraph 2 of Schedule 28 to the Transport Act 2000;
The
Section 2 (Rail Users’ Consultative Committees) is amended as follows.
Section 76 (general duties of Central Committee) is amended as follows.
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.
Section 77 (general duties of consultative committees) is amended as follows.
But if the Authority considers that it would be more appropriate for a matter referred to it by a Rail Passengers’ Committee to be considered by the Regulator, the Authority shall refer it (or, if it was referred to the Rail Passengers Committee by the Regulator, refer it back) to him, with a view to his exercising such of his powers as he considers appropriate in the circumstances of the case.
In subsection (6)—
In subsection (7)—
In subsection (8), omit “, after consultation with the Regulator,”.
Schedule 2 (Rail Users’ Consultative Committees) is amended as follows.
Schedule 3 (Central Rail Users’ Consultative Committee) is amended as follows.
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,”.
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.
In section 55(10) (orders for securing compliance), in the definition of “the appropriate officer”—
in paragraph (a), omit “or a person under closure restrictions,”, and
In section 73(2) (matters which Authority must cause to be entered in register)—
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
In section 72(2), omit paragraph (c) (existing obligation of Regulator to keep information about closures).
The Authority shall— prepare and from time to time revise, and 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 In preparing or revising the code of practice, the Authority shall consult the Disabled Persons Transport Advisory Committee established under section 125 of the
Omit section 70 (existing obligation of Regulator in relation to code).
Every such report shall include— general surveys of any developments during that year which relate to— the provision of railway passenger services or station services for, or the use of such services by, persons who are disabled; or the employment by licence holders of persons who are disabled; and 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.
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)).
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
In this Part of this Schedule “
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.
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.
A 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
A transfer scheme may contain provision—
for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the
for the creation in favour of the Authority of an interest in or right over, property retained by the
for the creation of rights and liabilities as between the Authority and the
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.
A transfer scheme may make such supplementary, incidental and consequential provision as the Secretary of State considers appropriate.
On 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.
Nothing in this Part affects the validity of anything done by or in relation to the
There 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
Anything done by the
The Authority shall be substituted for the
This paragraph applies where a person employed in the civil service of the state becomes an employee of the Authority under a transfer scheme.
For the purposes of the
his period of employment in the civil service of the state counts as a period of employment with the Authority, and
the change of employment does not break the continuity of the period of employment.
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.
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.
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.
The
Before making a transfer scheme, or an order modifying such a scheme, the Secretary of State shall consult the