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Part IU.K. The Provision of Railway Services

Modifications etc. (not altering text)

C1Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C2Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)

Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)

Commencement Information

I1Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5

Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)

The [F1[F2Passengers’ Council] and Rail Passengers’ Committees]E+W+S

Textual Amendments

F1Words in cross-heading substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(10); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

[F376ADelegation of duties under section 76(7A)E+W+S

(1)The [F4Passengers’ Council] and any other public body may enter into an agreement for that other body to be responsible, in accordance with the agreement, for —

(a)determining what is expedient for the purposes of subsection (7A) of section 76 above in relation to an area specified in the agreement; and

(b)otherwise performing that Council's duties under that subsection in relation to that area.

(2)So long as an agreement under this section is in force—

(a)the duties of the [F4Passengers’ Council] under subsection (7A) of section 76 above shall be deemed, in relation to the area specified in the agreement, to fall on the other party to it, instead of on that Council; but

(b)that Council is not to be prevented from doing anything mentioned in that subsection in relation to that area.

(3)An agreement under this section—

(a)may be entered into on such terms and conditions as the parties to it may agree; and

(b)may contain provision for determining for the purposes of this section in what circumstances things done under or for the purposes of section 76(7A) are to be treated as done in relation to the area specified in the agreement.

(4)The consent of the Secretary of State is required before the [F4Passengers’ Council] and another public body may enter into an agreement under this section.

(5)In this section “public body” means any authority or other body on which functions are conferred by or under an enactment.

(6)In subsection (5) “enactment” includes an enactment comprised in an Act of the Scottish Parliament.]

Textual Amendments

F3S. 76A inserted (24.7.2005) by Railways Act 2005 (c. 14), ss. 20, 60; S.I. 2005/1909, art. 2, Sch.