Transport Act 2000

Exemptions

2 (1) Section 7 (exemptions from requirement for operator of railway asset to be authorised by licence) is amended as follows.

(2) In subsection (1) (power of Secretary of State to grant exemption after consultation with Regulator), after “Regulator” insert “and the Authority”.

(3) In subsection (3) (power of Regulator to grant exemption after consultation with Secretary of State), after “Secretary of State” insert “and the Authority”.

(4) After subsection (5) insert—

“(5A) The Regulator shall obtain the approval of the Authority to any condition of a licence exemption which relates to consumer protection; but a failure to comply with this subsection shall not affect the validity of the licence exemption.”

(5) After subsection (6) insert—

“(6A) If the broken condition relates to consumer protection, the Authority may require the Regulator to give to any relevant person specified by the Authority a direction declaring that the licence exemption is revoked, so far as relating to that person, to such extent and from such date as is specified by the Authority.”

(6) In subsection (7), for “subsection (6) above” substitute “this section”.

(7) After subsection (8) insert—

“(8A) The Authority may require the Regulator, when he gives a direction to any person in compliance with a requirement under subsection (6A) above, also to direct that person to refrain from being the operator of any railway assets, any railway assets specified by the Authority or any railway assets of a class or description so specified.”

(8) In subsection (9), for “subsection (6)” substitute “subsections (6) and (6A)”.