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The Welsh Ministers (Transfer of Functions) (Railways) Order 2018

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 No. 631

  1. Introductory Text

  2. 1.Citation, commencement and extent

  3. 2.Amendments to the Railways Acts 1993 and 2005: transfer of functions etc

  4. 3.Effect of amendment to section 76 of the Railways Act 1993

  5. 4.Transfer of property: exception for records

  6. Signature

    1. SCHEDULE

      AMENDMENTS TO THE RAILWAYS ACTS 1993 AND 2005

      1. PART 1

        1. AMENDMENTS TO THE RAILWAYS ACT 1993

          1. 1.The Railways Act 1993 is amended as follows.

          2. 2.(1) Section 4 (general duties of the Secretary of State...

          3. 3.In section 17 (access agreements: directions requiring facility owners to...

          4. 4.In section 19 (access agreements: contracts for the use, on...

          5. 5.(1) Section 23 (passenger services to be subject to franchise...

          6. 6.(1) Section 24 (exemption of passenger services from section 23(1))...

          7. 7.(1) Section 24A (Secretary of State franchise exemptions: operator agreements)...

          8. 8.(1) Section 26 (invitations to tender for franchises) is amended...

          9. 9.(1) Section 27 (transfer of franchise assets and shares) is...

          10. 10.(1) Section 30 (duty of relevant franchising authority) is amended...

          11. 11.In section 50 (exclusion of liability for breach of statutory...

          12. 12.(1) Section 54 (exercise of functions for purpose of encouraging...

          13. 13.(1) Section 55 (orders for securing compliance) is amended as...

          14. 14.In section 56 (procedural requirements for section 55 orders) in...

          15. 15.(1) Section 57A (penalties) is amended as follows.

          16. 16.In section 57B (statement of policy), in subsections (1) and...

          17. 17.In section 57C (procedural requirements for penalties) in subsection (3)...

          18. 18.(1) Section 59 (meaning and effect of railway administration order)...

          19. 19.In section 63 (government financial assistance where railway administration orders...

          20. 20.(1) Section 64A (financial assistance by Scottish Ministers) is amended...

          21. 21.(1) Section 73 (keeping of register by the Secretary of...

          22. 22.(1) Section 73A (keeping of register by the Scottish Ministers)...

          23. 23.After section 73A (keeping of register by the Scottish Ministers)...

          24. 24.(1) Section 74 (annual and other reports of the Office...

          25. 25.In section 76 (general railway duties of Passengers’ Council) in...

          26. 26.(1) Section 80 (duty of certain persons to furnish information...

          27. 27.In section 83 (interpretation of Part 1) in subsection (1)...

          28. 28.(1) Section 130 (penalty fares) is amended as follows.

          29. 29.(1) Section 135 (concessionary travel for railway staff etc) is...

          30. 30.(1) Section 136 (grants and subsidies) is amended as follows....

          31. 31.In section 143 (regulations and orders) in subsections (1), (3)...

          32. 32.In section 145 (general restrictions on disclosure of information), in...

          33. 33.In Schedule 7 (transfer of relevant activities in connection with...

      2. PART 2 AMENDMENTS TO THE RAILWAYS ACT 2005

        1. 34.The Railways Act 2005 is amended as follows.

        2. 35.In section 1 (transfer etc of SRA functions and abolition)...

        3. 36.In section 6 (financial assistance etc from the Secretary of...

        4. 37.In section 7 (notification of assistance from Secretary of State...

        5. 38.(1) Section 10 (franchising and financial assistance in relation to...

        6. 39.(1) Section 11 (notification of assistance from Welsh Assembly for...

        7. 40.(1) Section 12 (transfer schemes at end of franchising agreements)...

        8. 41.In section 19 (the Passengers’ Council) in subsection (2)(c) for...

        9. 42.In section 22 (proposal by service operator to discontinue non-franchised...

        10. 43.In section 23 (proposal by funding authority to discontinue non-franchised...

        11. 44.(1) Section 24 (proposals to discontinue franchised or secured services)...

        12. 45.In section 25 (proposal to discontinue excluded services) in subsection...

        13. 46.(1) Section 29 (proposal by operator to close station) is...

        14. 47.(1) Section 30 (proposal by funding authority to close station)...

        15. 48.(1) Section 31 (proposal to discontinue operation of secured station)...

        16. 49.In section 33 (closure requirements) in subsection (2)(c) for “the...

        17. 50.In section 34 (minor modifications) after subsection (2) insert—

        18. 51.(1) Section 35 (closures eligible to be treated as minor...

        19. 52.In section 36 (designation of experimental passenger services) in subsection...

        20. 53.(1) Section 38 (services, networks and stations excluded by order)...

        21. 54.(1) Section 40 (substitute road services) is amended as follows....

        22. 55.(1) Section 42 (closures guidance) is amended as follows.

        23. 56.(1) Section 43 (procedure relating to publication and modification of...

        24. 57.In section 44 (exclusion of liability for breach of statutory...

        25. 58.(1) Section 45 (interpretation of Part 4) is amended as...

        26. 59.(1) Section 46 (bye-laws) is amended as follows.

        27. 60.After section 48 (code of practice for disabled rail users...

        28. 61.In section 51 (ORR to assist and advise national authorities)...

        29. 62.(1) Section 56 (powers exercisable by statutory instrument) is amended...

        30. 63.(1) Section 57 (meaning of “Wales-only service” and “Welsh service”)...

        31. 64.In section 58 (general interpretation) in subsection (1) in the...

        32. 65.In Schedule 5 (Passengers’ Council) in paragraph 11(3)(c), for “the...

        33. 66.In Schedule 7 (consultations under Part 4) in paragraph 3(2)(c)...

        34. 67.In Schedule 9 (bye-laws by railway operators) in paragraph 1—...

        35. 68.(1) Schedule 10 (taxation provisions relating to transfer schemes) is...

  8. Explanatory Note

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