Modifications etc. (not altering text)
C1Sch. 15 modified (10.7.2003) by Railways and Transport Safety Act 2003 (c. 20), s. 114(5)(d)
7(1)A scheme under this Schedule may provide that any functions exercisable by the existing appointee by virtue of a PPP agreement shall instead be—E+W+S
(a)exercisable by the new appointee or any of the other appointees;
(b)concurrently exercisable by two or more companies falling within paragraph (a) above; or
(c)concurrently exercisable by the existing appointee and one or more companies falling within paragraph (a) above;
and different schemes under this Schedule may provide for any such functions exercisable by the same existing appointee to have effect as mentioned in paragraphs (a) to (c) above in relation to each of the new appointees under those schemes or of all or any of the other appointees.
(2)Sub-paragraph (1) above applies in relation to any function under a statutory provision if and to the extent that the statutory provision—
(a)relates to any part of the existing appointee’s undertaking, or to any property, which is to be transferred by the scheme; or
(b)authorises the carrying out of works designed to be used in connection with any such part of the existing appointee’s undertaking or the acquisition of land for the purpose of carrying out any such works.
(3)A scheme under this Schedule may define any functions exercisable by the existing appointee which are instead to be made exercisable or concurrently exercisable by the scheme in accordance with sub-paragraph (1) above—
(a)by specifying the statutory provisions in question;
(b)by referring to all the statutory provisions which—
(i)relate to any part of the existing appointee’s undertaking, or to any property, which is to be transferred by the scheme, or
(ii)authorise the carrying out of works designed to be used in connection with any such part of the existing appointee’s undertaking or the acquisition of land for the purpose of carrying out any such works; or
(c)by referring to all the statutory provisions within paragraph (b) above, but specifying certain excepted provisions.
(4)In this paragraph “statutory provision” means a provision whether of a general or of a special nature contained in, or in any document made or issued under, any Act, whether of a general or a special nature.
Commencement Information
I1Sch. 15 para. 7 in force at 15.7.2003 by S.I. 2003/1920, art. 2(b)