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Transport Act 2000, SCHEDULE 28 is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Section 253.

SCHEDULE 28U.K. Transitionals and savings about railways

This schedule has no associated Explanatory Notes

First appointments to AuthorityE+W+S

F11E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Consumer protection conditionsE+W+S

2(1)The Secretary of State may make in relation to a licence or licence exemption granted before the coming into force of Part I of Schedule 17 a scheme making such provision as appears to him to be appropriate in consequence of the amendments made by that Part of that Schedule.E+W+S

(2)The scheme may include modifications of—

(a)the licence or licence exemption, and

(b)any agreements or other arrangements or other documents relating to the person (or any of the persons) to whom it was granted,

(in particular so that references to the Regulator have effect as references to the Authority).

(3)The scheme may include provision for things done by the Regulator before the time when the scheme comes into force to be treated after that time as if done by the Authority.

(4)Before making a scheme under this paragraph the Secretary of State must consult—

(a)the Authority,

(b)the Regulator,

(c)the person or persons to whom the licence or licence exemption was granted, and

(d)any such other persons as the Secretary of State considers appropriate.

(5)The amendments made by Part I of Schedule 17 apply in relation to any licence or licence exemption granted before the coming into force of that Part of that Schedule only from the coming into force of a scheme made under this paragraph in relation to the licence or licence exemption.

FranchisingE+W+S

3(1)Any services which, immediately before the coming into force of section 212, are being provided under a franchise agreement shall be treated as having been designated under subsection (1) of section 23 of the M1Railways Act 1993 (as amended by subsection (1) of section 212) on the coming into force of section 212.E+W+S

(2)The designation treated as made by sub-paragraph (1) may be varied or revoked as provided by subsection (2A) of section 23 (as inserted by subsection (2) of section 212) but is not required to be published by subsection (2B) of section 23 (as so inserted).

Marginal Citations

F24E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Bye-lawsE+W+S

5(1)The repeal of section 67 of the M2Transport Act 1962 does not affect that section, or any provision of that section, as applied by any other enactment.E+W+S

(2)Any bye-laws made (or having effect as if made) under—

(a)section 67 of the M3Transport Act 1962, or

(b)section 129 of the M4Railways Act 1993,

which are in force immediately before the coming into force of the repeals of those sections shall continue in forceF3... .

Textual Amendments

F3Words in Sch. 28 para. 5(2) repealed (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

Marginal Citations

PenaltiesE+W+S

F46E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

7(1)The fact that no order has been made under section 57A(3) of the M5Railways Act 1993 F5... does not affect the validity of any determination of the amount of a penalty under section 57A.E+W+S

(2)The fact that no order has been made under section 55(7B) of the M6Railways Act 1993 F6... does not affect the validity of any determination of the amount of any sum payable in accordance with a final or provisional order.

Textual Amendments

F5Words in Sch. 28 para. 7(1) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.

F6Words in Sch. 28 para. 7(2) repealed (1.12.2006) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch.

Marginal Citations

F78E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Compliance ordersE+W+S

F89E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 56 of the Transport Act 1962U.K.

10U.K.Where provision is made for subsections (4) to (6) of section 56 of the M7Transport Act 1962 (functions of [F9Passengers’ Council] and [F10London Transport Users' Committee]) to apply in relation to any services or any facilities connected with any services—

(a)[F11section 76] of the M8Railways Act 1993 shall not apply in relation to them unless the services are being provided under a franchise agreement, but

(b)[F12that subsection] shall not apply in relation to them if the services are being so provided.

Textual Amendments

F9Words in Sch. 28 para. 10 substituted (E.W.S.) (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 8(4)

F10Words in Sch. 28 para. 10 substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(9)(a); S.I. 2005/1909, art. 2, Sch.

F11Words in Sch. 28 para. 10(a) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(9)(b); S.I. 2005/1909, art. 2, Sch.

F12Words in Sch. 28 para. 10(b) substituted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(9)(c); S.I. 2005/1909, art. 2, Sch.

Marginal Citations

Review of access chargesE+W+S

F1311E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Sch. 28 paras. 11-16 repealed (26.6.2005 for the repeal of Sch. 28 para. 15, 24.7.2005 for the repeal of Sch. 28 para. 14, 1.12.2006 except for the repeal of Sch. 28 para. 11, 29.1.2007 in so far as not already in force) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1444, art. 2(2), Sch. 2; S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.; S.I. 2007/62, art. 2(e)

ClosuresE+W+S

F1312E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Sch. 28 paras. 11-16 repealed (26.6.2005 for the repeal of Sch. 28 para. 15, 24.7.2005 for the repeal of Sch. 28 para. 14, 1.12.2006 except for the repeal of Sch. 28 para. 11, 29.1.2007 in so far as not already in force) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1444, art. 2(2), Sch. 2; S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.; S.I. 2007/62, art. 2(e)

F1313E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Sch. 28 paras. 11-16 repealed (26.6.2005 for the repeal of Sch. 28 para. 15, 24.7.2005 for the repeal of Sch. 28 para. 14, 1.12.2006 except for the repeal of Sch. 28 para. 11, 29.1.2007 in so far as not already in force) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1444, art. 2(2), Sch. 2; S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.; S.I. 2007/62, art. 2(e)

RegisterE+W+S

F1314E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Sch. 28 paras. 11-16 repealed (26.6.2005 for the repeal of Sch. 28 para. 15, 24.7.2005 for the repeal of Sch. 28 para. 14, 1.12.2006 except for the repeal of Sch. 28 para. 11, 29.1.2007 in so far as not already in force) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1444, art. 2(2), Sch. 2; S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.; S.I. 2007/62, art. 2(e)

Code for protection of disabled rail usersE+W+S

F1315E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Sch. 28 paras. 11-16 repealed (26.6.2005 for the repeal of Sch. 28 para. 15, 24.7.2005 for the repeal of Sch. 28 para. 14, 1.12.2006 except for the repeal of Sch. 28 para. 11, 29.1.2007 in so far as not already in force) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1444, art. 2(2), Sch. 2; S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.; S.I. 2007/62, art. 2(e)

Penalty faresE+W+S

F1316E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Sch. 28 paras. 11-16 repealed (26.6.2005 for the repeal of Sch. 28 para. 15, 24.7.2005 for the repeal of Sch. 28 para. 14, 1.12.2006 except for the repeal of Sch. 28 para. 11, 29.1.2007 in so far as not already in force) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1444, art. 2(2), Sch. 2; S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.; S.I. 2007/62, art. 2(e)

SupplementaryE+W+S

17(1)Nothing in this Schedule limits section 276.E+W+S

(2)Nothing in this Schedule limits the operation of sections 16 and 17 of the M9Interpretation Act 1978 (effect of repeals).

Marginal Citations

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