Railways Act 1993

Section 3.

SCHEDULE 3 U.K. The [F1 Rail Passengers’ Council]

Textual Amendments

F1 Words in heading to Sch. 3 substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 13(8); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

Preliminary E+W+S

F2 1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 3 para. 1 repealed (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 13(2), Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

Remuneration of, and allowances for, [F3 members] E+W+S

Textual Amendments

F3 Words in cross-heading substituted (1.2.2001) by 2000 c. 38, s. 229, Sch. 23 para. 3(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

2 E+W+S There shall be paid to the chairman [F4 and other members] of the [F5 Rail Passengers’ Council] such remuneration, and such travelling and other allowances, as the [F6 Authority] may F7 . . . determine.

Textual Amendments

F4 Words in Sch. 3 para. 2 inserted (1.2.2001) by 2000 c. 38, s. 229, Sch. 23 para. 3(1); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F5 Words in Sch. 3 para. 2 substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 13(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F6 Word in Sch. 3 para. 2 substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 24(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F7 Words in Sch. 3 para. 2 repealed (1.2.2001) by 2000 c. 38, ss. 251(4), 274 Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

Allowances for other members E+W+S

F8 3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 3 para. 3 repealed (1.2.2001) by 2000 c. 38, ss. 229, 274, Sch. 23 para. 3(3), Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

Administration etc. E+W+S

4 E+W+S The [F9 Authority] shall make arrangements for the [F10 Rail Passengers’ Council] to be provided with office accommodation and with such services as he considers appropriate to enable them to carry out their functions.

Textual Amendments

F9 Word in Sch. 3 para. 4 substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 24(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F10 Words in Sch. 3 para. 4 substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 13(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

Proceedings E+W+S

5 (1) Subject to the following provisions of this paragraph and paragraph 6 below, the [F11 Rail Passengers’ Council] may regulate their own procedure, including quorum. E+W+S

(2) The [F11 Rail Passengers’ Council] 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 [F11 Rail Passengers’ Council].

(4) Minutes shall be kept of the proceedings at every meeting of the [F11 Rail Passengers’ Council]; and copies of those minutes shall be sent to the Secretary of State and the [F12 Authority].

(5) A person who is a member of the [F11 Rail Passengers’ Council] by virtue of being the chairman of a [F13 Rail Passengers’ Committee] may appoint another member of that [F13 Rail Passengers’ Committee] to attend any meeting of the committee in his stead.

(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.

Textual Amendments

F11 Words in Sch. 3 para. 5(1)-(5) substituted (1.2.2001) by 2000 c. 38, ss. 227, 275(1), Sch. 22 para. 13(4)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F12 Word in Sch. 3 para. 5(4) substituted (1.2.2001) by 2000 c. 38, ss. 216, 275(1), Sch. 17 para. 24(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F13 Words in Sch. 3 para. 5(5) substituted (1.2.2001) by 2000 c. 38, ss. 227, 275(1), Sch. 22 para. 13(4)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

Admission of public to meetings E+W+S

6 (1) Subject to sub-paragraph (2) below, meetings of the [F14 Rail Passengers’ Council] shall be open to the public. E+W+S

(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 [F14 Rail Passengers’ Council] by the [F15 the Office of Rail Regulation] or the [F16 Authority] would be disclosed in breach of the obligation of confidence;

(b) the [F14 Rail Passengers’ Council] 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, [F17 or

(d) the circumstances are such as are specified in, or determined by a resolution of the Rail Passengers’ Council in accordance with, an order made by the Secretary of State.]

where public disclosure of that matter would or might, in the opinion of the [F14 Rail Passengers’ Council], seriously and prejudicially affect the interests of that individual or body.

(3) The [F14 Rail Passengers’ Council] shall give such notice—

(a) of any meeting of the [F14 Rail Passengers’ Council] 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.

Textual Amendments

F14 Words in Sch. 3 para. 6(1)(2)(a)(b)(3)(a) substituted (1.2.2001) by 2000 c. 38, ss. 227, Sch. 22 para. 13(5); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F15 Words in Sch. 3 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F16 Word in Sch. 3 para. 6(2)(a) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 47; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F17 Sch. 3 para. 6(2)(d) and the word immediately preceding it inserted (1.2.2001) by 2000 c. 38, s. 229, Sch. 23 para. 7; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

Sub-committees E+W+S

7 (1) The [F18 Rail Passengers’ Council] may F19 . . . — E+W+S

(a) establish [F20 committees] through which the [F18 Rail Passengers’ Council] may carry out such of their functions as they may determine;

(b) appoint such persons (including persons who are not members of the [F18 Rail Passengers’ Council]) to be members of any such [F21 committee] as they may determine; and

(c) regulate the procedure of any such [F21 committee].

(2) Persons appointed under sub-paragraph (1) above who are not members of the [F18 Rail Passengers’ Council] may be reimbursed for their travelling expenses and such of their out-of-pocket expenses as do not relate to loss of remuneration.

Textual Amendments

F18 Words in Sch. 3 para. 7 substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 13(6); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F19 Words in Sch. 3 para. 7(1) repealed (1.2.2001) by 2000 c. 38, s. 229, 275(1), Sch. 23 para. 9(a), Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F20 Words in Sch. 3 para. 7(1)(a) substituted (1.2.2001) by 2000 c. 38, s. 229, Sch. 23 para. 9(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F21 Words in Sch. 3 para. 7(1)(b)(c) substituted (1.2.2001) by 2000 c. 38, s. 229, Sch. 23 para. 9(c); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

Financial provisions E+W+S

8 (1) There shall be paid by the [F22 Authority]— E+W+S

(a) any sums payable to or in respect of any person under paragraph 2 F23 . . . or 7 above; and

(b) any expenses incurred by the [F24 Rail Passengers’ Council (provided that the Rail Passengers’ Council complied with their financial duties in incurring them)].

[F25 (2) The Authority may determine the financial duties of the Rail Passengers’ Council; and different determinations may be made for different functions of the Rail Passengers’ Council.

(3) The Authority shall give the Rail Passengers’ Council notice of every determination of its financial duties; and such a determination may—

(a) relate to a period beginning before, on or after the date on which it is made;

(b) contain supplementary provisions; and

(c) be varied by a subsequent determination.]

Textual Amendments

F22 Words in Sch. 3 para. 8(1) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 24(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F23 Word in Sch. 3 para. 8(1)(a) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F24 Words in Sch. 3 para. 8(1)(b) substituted (1.2.2001) by 2000 c. 38, s. 229, Sch. 23 para. 5(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F25 Sch. 3 para. 8(2)(3) substituted (1.2.2001) by 2000 c. 38, s. 229, Sch. 23 para. 5(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

Amendment of other Acts U.K.

F26 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Sch. 3 para. 9 repealed (1.2.2001) by 2000 c. 38, s. 227, 274, Sch. 22 para. 13(7), Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)