The Railway (Licensing of Railway Undertakings) Regulations 2005

PART 4 MISCELLANEOUS

Making of false statements etc

15.—(1) If any person, in giving any information or making any application under or for the purposes of any provision of these Regulations, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(2) No proceedings shall be instituted in England or Wales in respect of an offence under this regulation except by or with the consent of the Secretary of State or the Director of Public Prosecutions.

Offences by bodies corporate and Scottish partnerships

16.—(1) Where an offence under these Regulations has been committed by a body corporate and it is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3) Where a Scottish partnership is guilty of an offence under these Regulations in Scotland and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

General duties of the Rail Passengers' Council

17.—(1) Subsection (5) of section 76 of the 1993 Act(1) (general duties of the Rail Passengers' Council) has effect in relation to holders of European licences and to SNRPs as if—

(a) the reference to the holder of a passenger licence included a reference to the holder of a European licence which authorises the carriage of passengers by railway;

(b) the reference to any condition of the licence included a reference to any condition of a SNRP held by the holder of the European licence;

(c) the reference to the Secretary of State, in the second and third places where it occurs, included a reference to the ORR; and

(d) the reference to the Secretary of State exercising such of his powers as he considers appropriate included a reference to the ORR exercising such of its powers as it considers appropriate.

(2) In paragraph (1), the expression “European licence” includes a licence granted pursuant to any action taken by an EEA State for the purpose of implementing the 1995 Directive.

Restrictions on disclosure of information

18.  Section 145 of the 1993 Act (restriction on disclosure of information) shall have effect in relation to information which has been obtained under or by virtue of any provision of these Regulations and which relates to the affairs of any individual or to any particular business as it has effect in relation to such information obtained under or by virtue of any of the provisions of that Act.

Duties of the London Transport Users' Committee

19.—(1) Subsection (3) of section 252C of the Greater London Authority Act 1999(2) (duties of the London Transport Users' Committee) has effect in relation to holders of European licences and to SNRPs as if—

(a) the reference to the holder of a licence under Part 1 of the Railways Act 1993 contravening a condition of the licence included a reference to the holder of a European licence contravening a condition of a SNRP held by him;

(b) the reference to the Secretary of State included a reference to the ORR;

(c) the reference to his referring the matter to the Committee and their referring it back to him included a reference to the ORR’s referring the matter to the Committee and their referring it back to the ORR; and

(d) the reference to his exercising such of his powers as he considers appropriate included a reference to the ORR’s exercising such of its powers as it considers appropriate.

(2) In paragraph (1), the expression “European licence” includes a licence granted pursuant to any action taken by an EEA State for the purpose of implementing the 1995 Directive.

Transitional provisions relating to existing licences and licence exemptions

20.  Schedule 4 (transitional provisions relating to existing licences and licence exemptions) shall have effect.

(1)

Section 76(5) was amended by the Transport Act 2000, Schedule 22, Part 1, paragraphs 1 and 8, and Schedule 17, Part 2, paragraphs 17 and 20, and the Railways Act 2005 (c. 14), Schedule 1, paragraph 32.

(2)

1999 c. 29; section 252C was inserted by the Railways Act 2005 (c. 14), Schedule 6, paragraph 3.