C1Part III Miscellaneous, General and Supplemental Provisions

Annotations:
Modifications etc. (not altering text)
C1

Pt. III (ss. 117-154) excluded (retrospective to 5.11.1993) by 1994 c. 9, s. 252, Sch. 24 para. 4(1)

Supplemental

I1151 General interpretation.

1

In this Act, unless the context otherwise requires—

  • F1the Authority” means the Strategic Rail Authority;

  • the Board” means the British Railways Board;

  • body corporate” has the meaning given by section 740 of the M1Companies Act 1985;

  • company” means any body corporate;

  • contravention”, in relation to any direction, condition, requirement, regulation or order, includes any failure to comply with it and cognate expressions shall be construed accordingly;

  • debentures” includes debenture stock;

  • F2the Franchising Director” means the Director of Passenger Rail Franchising;

  • functions” includes powers, duties and obligations;

  • local authority” means any county council, F3county borough council,district council, F4. . . or London borough council, the Common Council of the City of F5London, the Council of the Isles of Scilly F6or any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

  • modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly;

  • F7. . .

  • notice” means notice in writing;

  • publicly owned railway company” means a company which is wholly owned by the Crown and which carries on, or is to carry on,—

    1. a

      an undertaking derived, or to be derived, (whether wholly or partly and whether directly or indirectly) from, or from some part of, an undertaking carried on by the Board or a wholly owned subsidiary of the Board; or

    2. b

      an undertaking in the course of which the company uses, or will use, any property, rights or liabilities acquired, or to be acquired, (whether directly or indirectly) from the Board or a wholly owned subsidiary of the Board;

  • the Regulator” means the Rail Regulator;

  • securities” has the meaning given by section 142 of the M2Financial Services Act 1986;

  • shares” includes stock;

  • subsidiary” has the meaning given by section 736 of the M3Companies Act 1985;

  • F2. . .

  • wholly owned subsidiary” has the meaning given by section 736 of the M4Companies Act 1985.

2

For the purposes of this Act, a company shall be regarded as “wholly owned by the Crown” at any time when it has no members other than—

a

the Secretary of State, the F8Authority or a Government department,

b

a company which is itself wholly owned by the Crown, or

c

a person acting on behalf of the Secretary of State, the F8Authority, a Government department or such a company.

3

For the purposes of this Act, a company shall be regarded as “wholly owned by the F8Authority” at any time when it has no members other than—

a

the F8Authority,

b

a company which is itself wholly owned by the F8Authority, or

c

a person acting on behalf of the F8Authority or such a company.

4

Any consent or approval under or by virtue of this Act shall be given in writing.

5

For the purposes of this Act any class or description may be framed by reference to any matters or circumstances whatever.

6

Nothing in this Act affects the operation of the M5Transfer of Undertakings (Protection of Employment) Regulations 1981, in their application in relation to the transfer of an undertaking, or part of an undertaking, within the meaning of those Regulations.

7

Nothing in this Act, and nothing done under it, shall prejudice or affect the operation of any of the relevant statutory provisions (whenever made) as defined in Part I of the M6Health and Safety at Work etc. Act 1974.

8

Subsection (7) above is without prejudice to section 117 above.

9

The provisions of section 3 of the M7Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) shall not apply in relation to any determination under this Act made by an arbiter.