Railways Act 1993 (c. 43)

Part III U.K. Miscellaneous, General and Supplemental Provisions

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 U.K.

151 General interpretation. U.K.

(1) In this Act, unless the context otherwise requires—

• [F1 “the Authority” means the Strategic Rail Authority;]

• “the Board” means the British Railways Board;

• “body corporate” has the meaning given by section 740 of the M1 Companies 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;

• [F2 “the Franchising Director” means the Director of Passenger Rail Franchising;]

• “functions” includes powers, duties and obligations;

• “local authority” means any county council, [F3 county borough council,]district council, F4 . . . or London borough council, the Common Council of the City of [F5 London,] the Council of the Isles of Scilly [F6 or 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,—

  (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

  (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 M2 Financial Services Act 1986;

• “shares” includes stock;

• “subsidiary” has the meaning given by section 736 of the M3 Companies Act 1985;

• F2 . . .

• “wholly owned subsidiary” has the meaning given by section 736 of the M4 Companies 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 [F8 Authority] 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 [F8 Authority], a Government department or such a company.

(3) For the purposes of this Act, a company shall be regarded as “wholly owned by the [F8 Authority]” at any time when it has no members other than—

(a) the [F8 Authority],

(b) a company which is itself wholly owned by the [F8 Authority], or

(c) a person acting on behalf of the [F8 Authority] 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 M5 Transfer 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 M6 Health 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 M7 Administration 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.

Textual Amendments

F1 Definition of “the Authority" in s. 151(1) inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 43; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F2 Definitions of “the Franchising Director" and “transfer scheme" in s. 151(1) 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)

F3 Words in definition of “local authority" in s. 151(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 107 (with s. 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4

F4 Words in definition of “local authority" in s. 151(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 184(3)(a), Sch. 14; S.I. 1996/323, art. 4(1)(d)

F5 Word in definition of “local authority" in s. 151(1) substituted (1.4.1994) by 1994 c. 39, s. 180(1), Sch. 13 para. 184(3)(b)

F6 Words in definition of “local authority" inserted (1.4.1994) by 1994 c. 39, s. 180(1), Sch. 13 para. 184(3)(c)

F7 S. 151: definition of “Monopolies Commission" repealed (1.4.1999) by S.I. 1999/506, art. 33(c)

F8 Words in s. 151(2)(a)(c)(3)(a)-(c) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 53; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115)

Commencement Information

I1 S. 151 wholly in force at 6.1.1994; s. 151 not in force at Royal Assent see s. 154(2); s. 151(1) in force for specified purposes and s. 151(5) wholly in force at 24.12.1993 by S.I. 1993/3237, art. 2(1); S. 151 in force insofar as not already in force at 6.1.1994 by S.I. 1993/3237, art. 2(2)

Marginal Citations

M1 1985 c. 6.

M2 1986 c.60.

M3 1985 c. 6.

M4 1985 c. 6.

M5 S.I. 1981/1794.

M6 1974 c. 37.

M7 1972 c. 59.