SCHEDULES

SCHEDULE 28 Transitionals and savings about railways

Section 253.

First appointments to Authority

F61

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Consumer protection conditions

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.

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.

Franchising

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.

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).

F54

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Bye-laws

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.

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 forceF1... .

Penalties

F76

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

1

The fact that no order has been made under section 57A(3) of the M5Railways Act 1993 F8... does not affect the validity of any determination of the amount of a penalty under section 57A.

2

The fact that no order has been made under section 55(7B) of the M6Railways Act 1993 F9... does not affect the validity of any determination of the amount of any sum payable in accordance with a final or provisional order.

F108

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compliance orders

F119

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Section 56 of the Transport Act 1962

10

Where provision is made for subsections (4) to (6) of section 56 of the M7Transport Act 1962 (functions of F13Passengers’ Council and F2London Transport Users' Committee) to apply in relation to any services or any facilities connected with any services—

a

F3section 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

F4that subsection shall not apply in relation to them if the services are being so provided.

Review of access charges

F1211

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Closures

F1212

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1213

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register

F1214

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Code for protection of disabled rail users

F1215

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Penalty fares

F1216

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

17

1

Nothing in this Schedule limits section 276.

2

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