Railways Act 1993

47 Bus substitution services etc. E+W+S

(1) There are hereby transferred to the Franchising Director (so as to be exercisable concurrently with the Board) the functions of the Board under—

(a) section 4A of the M1 Transport Act 1962 (provision of road passenger transport services), and

(b) sections 119 to 124 of the M2 Transport Act 1985 (bus substitution services etc),

so far as relating to services which have been temporarily interrupted or discontinued.

(2) In their application to the Franchising Director by virtue of subsection (1) above, the sections there mentioned shall have effect—

(a) as if any reference to the Board were a reference to the Franchising Director;

(b) as if any reference to the imposition of a condition by the Secretary of State were a reference to the imposition of a closure condition under this Part by the Secretary of State or the Regulator;

(c) in the case of sections 119 to 122 of the Transport Act 1985, with the modifications set out in subsection (3) below; and

(d) in the case of section 123 of that Act, with the modifications set out in subsection (4) below.

(3) The modifications of sections 119 to 122 are that—

(a) any reference to the Secretary of State (other than a reference to the imposition of a condition by him) shall be taken as a reference to the Regulator;

(b) any reference to section 54(5) of the M3 Transport Act 1968 shall be taken as a reference to section 43(9) or 44(2) above;

(c) in subsection (1)(a) of section 119, the words “by the Board” shall be treated as omitted; and

(d) subsections (4) and (5) of section 122 shall be disregarded.

(4) The modifications of section 123 are that—

(a) any reference to the Secretary of State shall be taken as a reference to the Regulator;

(b) in subsection (1), for paragraphs (a) and (c) there shall be substituted respectively—

“(a) “Area Committee” means a rail users’ consultative committee established under subsection (2) of section 2 of the Railways Act 1993 or, in relation to the Greater London area, within the meaning of that section, the London Regional Passengers’ Committee;”; and

“(c) “the Central Committee” means the Central Rail Users’ Consultative Committee;”;

and the words following paragraph (c) shall be disregarded;

(c) subsection (3) shall be disregarded;

(d) in subsection (4)—

(i) the reference to section 56(4) of the M4 Transport Act 1962 shall be taken as a reference to section 76 or, as the case may be, section 77 below; and

(ii) the reference to the services and facilities provided by the Railways Board shall be taken as a reference to services for the carriage of passengers by railway;

(e) in subsection (10), the reference to section 119 of that Act shall be taken to include a reference to section 37 or 38 above.

(5) In sections 23 to 31 above, any reference to services for the carriage of passengers by railway includes a reference to bus substitution services required to be provided in place of any such services.

(6) Where the Board is subject to a condition requiring the securing of the provision of a bus substitution service, the duty to comply with that condition shall, without prejudice to the generality of section 85 below, be regarded as a liability that may be transferred by a scheme under that section; and where there is such a transfer, any reference to the Board in sections 119 to 124 of the M5 Transport Act 1985 shall accordingly be taken to include a reference to the transferee.

(7) In this section “bus substitution service” has the same meaning as it has in sections 120 to 124 of the Transport Act 1985.

Modifications etc. (not altering text)

C1 S. 47 excluded (21.7.1994) by 1994 c. xv, s. 17(4)

Marginal Citations

M1 1962 c. 46.

M2 1985 c. 67.

M3 1968 c. 73.

M4 1962 c. 46.

M5 1985 c. 67.