Scotland Act 1998

E2. Rail transport U.K.

Section E2.

• Provision and regulation of railway services.

• Rail transport security.

• The subject-matter of the Channel Tunnel Act 1987.

• The subject-matter of the Railway Heritage Act 1996.

Exceptions

• Grants so far as relating to railway services; but this exception does not apply in relation to—

  (a)

  the subject-matter of section 63 of the Railways Act 1993 (government financial assistance where railway administration orders made),

  (b)

  “railway services” as defined in section 82(1)(b) of the Railways Act 1993 (carriage of goods by railway), or

  (c)

  the subject-matter of section 136 of the Railways Act 1993 (grants and subsidies).

• [F1 Imposing requirements about the preparation and submission of strategies relating to the provision of rail services on Scottish public authorities with mixed functions relating to such services.]

• [F2 The transfer of functions of passenger transport executives or passenger transport authorities relating to the provision and regulation of rail services conferred by Part II of the Transport Act 1968 and sections 32 to 36 of the Railways Act 1993 to, and the allocation of such functions among, [F3 relevant authorities].]

• [F4 The promotion and construction of railways which start, end and remain in Scotland.]

Interpretation

• [F5 “railway” has the meaning given by section 67(1) of the Transport and Works Act 1992.]

• “Railway services” has the meaning given by section 82 of the Railways Act 1993 (excluding the wider meaning of “railway” given by section 81(2) of that Act).

• [F6 “ relevant authority ” means–

  (a)

  the Scottish Ministers; or

  (b)

  any Scottish public authority (not being a cross-border public authority or an authority exercising functions solely in relation to a reserved matter) which is set up wholly or mainly to exercise functions relating to transport.]

Textual Amendments

F1 Sch. 5 Pt. II Section E2: paragraph inserted (14.12.2000) by S.I. 2000/3252 , art. 3(1)

F2 Sch. 5 Pt. II Section E2: paragraph inserted (14.12.2000) by S.I. 2000/3252 , art. 3(2)

F3 Sch. 5 Pt. II Section E2: words in third exception substituted (17.12.2004) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2004 (S.I. 2004/3329) , arts. 1(1) , 4(a)

F4 Sch. 5 Pt. II Section E2: paragraph inserted (27.6.2002) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2002 (S.I. 2002/1629) , art. 2(a)

F5 Sch. 5 Pt. II Section E2: definition of "railway" inserted (27.6.2002) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2002 (S.I. 2002/1629) , art. 2(b)

F6 Sch. 5 Pt. II Section E2: definition of "relevant authority" added (18.12.2004) by The Scotland Act 1998 (Modifications of Schedule 5) Order 2004 (S.I. 2004/3329) , arts. 1(1) , 4(b)