Railways Act 1993

Section 2.

SCHEDULE 2 Rail users' consultative committees

Preliminary

1 In this Schedule any reference to the committee is a reference to each of the consultative committees.

Remuneration of, and allowances for, the chairman

2 There shall be paid to the chairman of the committee such remuneration, and such travelling and other allowances, as the Regulator may, with the approval of the Treasury, determine.

Allowances for other members

3 There shall be paid to members of the committee other than the chairman such travelling and other allowances as the Regulator with the approval of the Treasury may determine.

Administration etc.

4 The Regulator shall make arrangements for the committee to be provided with office accommodation and with such services as he considers appropriate to enable them to carry out their functions.

Proceedings

5 (1) Subject to the following provisions of this paragraph and paragraph 6 below, the committee may regulate their own procedure, including quorum.

(2) The committee shall meet when convened by the chairman, and in any case shall meet at least twice a year.

(3) Without prejudice to the discretion of the chairman to call a meeting whenever he thinks fit, he shall call a meeting when required to do so by any three members of the committee.

(4) Minutes shall be kept of the proceedings at every meeting of the committee; and copies of those minutes shall be sent to the Central Committee and the Regulator.

(5) The committee shall have regard to any general recommendations which the Central Committee may from time to time make with respect to any matter affecting the procedure or functions of consultative committees.

(6) The validity of any proceedings of the committee shall not be affected by any vacancy amongst the members or by any defect in the appointment of a member.

Admission of public to meetings

6 (1) Subject to sub-paragraph (2) below, meetings of the committee shall be open to the public.

(2) The public shall be excluded during any item of business where—

(a) it is likely, were members of the public to be present during that item, that information furnished in confidence to the committee by the Regulator or the Franchising Director would be disclosed in breach of the obligation of confidence;

(b) the committee have resolved that, by reason of the confidential nature of the item or for other special reasons stated in the resolution, it is desirable in the public interest that the public be excluded;

(c) it is likely, were members of the public to be present during that item, that there would be disclosed to them—

(i) any matter which relates to the affairs of an individual, or

(ii) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate,

where public disclosure of that matter would or might, in the opinion of the committee, seriously and prejudicially affect the interests of that individual or body.

(3) The committee shall give such notice—

(a) of any meeting of the committee which is open to the public, and

(b) of the business to be taken at that meeting (other than items during which the public is to be excluded),

as they consider appropriate for the purpose of bringing the meeting to the attention of interested members of the public.

Sub-committees

7 (1) The committee may, with the approval of the Regulator—

(a) establish local and other sub-committees through which the committee may carry out such of their functions as they may determine;

(b) appoint such persons (including persons who are not members of the committee) to be members of any such sub-committee as they may determine; and

(c) regulate the procedure of any such sub-committee.

(2) Persons appointed under sub-paragraph (1) above who are not members of the committee may be reimbursed for their travelling expenses and such of their out-of-pocket expenses as do not relate to loss of remuneration.

Financial provisions

8 (1) There shall be paid by the Regulator out of money provided by Parliament—

(a) any sums payable to or in respect of any person under paragraph 2, 3 or 7 above; and

(b) any expenses incurred by the committee in accordance with any statement approved under sub-paragraph (3) below.

(2) The committee shall prepare and send to the Regulator not less than two months, or such other period as the Regulator may specify, before the beginning of each financial year a statement of the expenses which they expect to incur in respect of that year for the purposes of, or in connection with, the carrying out of their functions.

(3) The Regulator shall consider any statement sent to him under sub-paragraph (2) above and shall either approve the statement or approve it with such modifications as he considers appropriate.

Amendment of other Acts

9 In section 14(1) of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970, after the words “the Transport Users' Consultative Committees,” there shall be inserted the words “the Rail Users' Consultative Committees,”

10 In Part III of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975, the following entry shall be inserted at the appropriate place—

• “Chairman of a rail users' consultative committee, appointed under section 2 of the Railways Act 1993”.