Transport Act 2000

SCHEDULES

Section 19F

[F1 SCHEDULE A1 U.K. Appeals under section 19A

Textual Amendments

F1 Sch. A1 inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(4), 21(3)-(7), Sch. 4; S.I. 2021/748, reg. 2(a)

PART 1 U.K. Permission to appeal

Application for permission to appeal U.K.

1 (1) An application to the CMA for permission to appeal under section 19A may not be made after the end of the period of six weeks beginning with the day on which the CAA published the decision notice. U.K.

(2) In this Schedule “the decision notice” means the notice published under section 11A of the decision that is the subject of the application for permission to appeal under section 19A.

(3) The applicant must send a copy of the application to the CAA.

(4) The CAA must—

(a) publish the application;

(b) send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).

(5) Those persons are—

(a) the holder of the licence that is the subject of the application;

(b) any other person with a qualifying interest in the decision that is the subject of the application;

(c) any owners or operators of aircraft that the CAA considers appropriate;

(d) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Determination of application for permission to appeal U.K.

2 (1) The decision of the CMA on an application for permission to appeal is to be taken by an authorised member of the CMA. U.K.

(2) The authorised member must take the decision before the end of the period of ten weeks beginning with the day on which the CAA published the decision notice.

(3) The authorised member may grant permission to appeal subject to conditions.

(4) The conditions may, in particular, include—

(a) conditions which limit the matters that are to be considered on the appeal;

(b) conditions for the purpose of expediting the determination of the appeal;

(c) conditions requiring the appeal to be considered together with other appeals, including appeals relating to different matters or decisions and appeals brought by different persons.

(5) An authorised member of the CMA who grants permission to appeal against a decision that relates entirely or partly to a matter remitted to the CAA following an earlier appeal under section 19A must grant permission subject to conditions excluding the consideration of—

(a) matters that were considered as part of the earlier appeal, and

(b) matters that could have been raised by the applicant or a relevant connected person as part of the earlier appeal,

unless the member considers that there are compelling reasons not to do so.

(6) In sub-paragraph (5) “relevant connected person”, in relation to an applicant, means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the CMA.

(7) An authorised member of the CMA must—

(a) publish the decision on an application for permission to appeal and the reasons for the decision;

(b) send a copy of the decision and the reasons to the persons listed in sub-paragraph (8).

(8) Those persons are—

(a) the holder of the licence that is the subject of the application;

(b) if the application was made by someone other than the licence holder, the applicant;

(c) any other person with a qualifying interest in the decision that is the subject of the application;

(d) any owners or operators of aircraft that the authorised member considers appropriate;

(e) any owners or managers of prescribed aerodromes that the authorised member considers appropriate;

(f) the CAA.

(9) An authorised member of the CMA may exclude from publication under sub-paragraph (7) any information that the member is satisfied is—

(a) commercial information the disclosure of which would or might, in the opinion of the member, significantly harm the legitimate business interests of an undertaking to which it relates, or

(b) information relating to the private affairs of an individual the disclosure of which would or might, in the opinion of the member, significantly harm the individual's interests.

Time limit for CAA to make representations U.K.

3 (1) This paragraph applies where the CAA wishes to make representations to the CMA in relation to an application under paragraph 1 for permission to appeal against a decision. U.K.

(2) The CAA must make representations in writing before the end of the period of eight weeks beginning with the day on which the CAA published the decision notice.

(3) The CAA must send a copy of its representations to—

(a) the holder of the licence that is the subject of the application;

(b) if the application was made by someone other than the licence holder, the applicant;

(c) any other person with a qualifying interest in the decision that is the subject of the application;

(d) any owners or operators of aircraft that the CAA considers appropriate;

(e) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

PART 2 U.K. Intervention in appeal

Application for permission to intervene in appeal U.K.

4 (1) Where an application is made under paragraph 1 for permission to appeal against a decision, an application for permission to intervene in the appeal may be made to the CMA by another person who would be entitled to appeal against the decision. U.K.

(2) An application for permission to intervene—

(a) may be made before the end of the period of one week beginning with the day of publication of the CMA's decision to grant permission to appeal against the decision;

(b) may be made after the end of that period only with the leave of an authorised member of the CMA.

(3) The applicant must send a copy of the application to the CAA.

(4) The CAA must—

(a) publish the application;

(b) send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).

(5) The persons are—

(a) the holder of the licence that is the subject of the appeal;

(b) any other person with a qualifying interest in the decision that is the subject of the appeal;

(c) any owners or operators of aircraft that the CAA considers appropriate;

(d) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Determination of application for permission to intervene U.K.

5 (1) The decision of the CMA on an application for permission to intervene is to be taken by an authorised member of the CMA. U.K.

(2) An authorised member of the CMA may grant permission to intervene in an appeal only if the member is satisfied that allowing the applicant to intervene is necessary or desirable for the proper resolution of the appeal.

(3) The authorised member—

(a) may grant permission to intervene for the purposes of supporting or opposing an appeal;

(b) must make any permission to intervene for the purpose of supporting an appeal subject to conditions preventing the intervener from putting forward new grounds of appeal;

(c) may make permission to intervene subject to other conditions, including conditions which limit the matters that may be raised by the intervener.

(4) An authorised member of the CMA must—

(a) publish the decision on an application for permission to intervene and the reasons for the decision;

(b) send a copy of the decision and reasons to the persons listed in sub-paragraph (5).

(5) Those persons are—

(a) the holder of the licence that is the subject of the appeal;

(b) if the application was made by someone other than the licence holder, the applicant;

(c) any other person with a qualifying interest in the decision that is the subject of the appeal;

(d) any owners or operators of aircraft that the authorised member considers appropriate;

(e) any owners or managers of prescribed aerodromes that the authorised member considers appropriate;

(f) the CAA.

(6) An authorised member of the CMA may exclude from publication under sub-paragraph (4) any information that the member is satisfied is—

(a) commercial information the disclosure of which would or might, in the opinion of the member, significantly harm the legitimate business interests of an undertaking to which it relates, or

(b) information relating to the private affairs of an individual the disclosure of which would or might, in the opinion of the member, significantly harm the individual's interests.

PART 3 U.K. Application for suspension of modification

Application for direction suspending licence modification U.K.

6 (1) Where an application is made under paragraph 1 for permission to appeal against a decision, an application for a direction suspending the effect of the decision may be made to the CMA— U.K.

(a) by the person who applied for permission to appeal, or

(b) by another person who would be entitled to appeal against the decision.

(2) An application for a direction may be made at any time before the determination of the appeal.

(3) The applicant must send a copy of the application to the CAA.

(4) The CAA must—

(a) publish the application;

(b) send a copy of the application to the persons listed in sub-paragraph (5) (other than the applicant).

(5) Those persons are—

(a) the holder of the licence that is the subject of the application;

(b) any other person with a qualifying interest in the decision that is the subject of the application;

(c) any owners or operators of aircraft that the CAA considers appropriate;

(d) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Effect of early application for direction suspending licence modification U.K.

7 (1) This paragraph applies if— U.K.

(a) an application is made under paragraph 6 for a direction suspending the effect of a decision under section 11(1) to modify a licence condition,

(b) the application is made before the end of the period of six weeks beginning with the day on which the CAA published the decision notice, and

(c) the modification would have effect, but for this paragraph, before the end of the period of ten weeks beginning with that day (“the ten-week period”).

(2) The modification does not have effect during the ten-week period.

(3) The decision of the CMA on the application under paragraph 6 must be taken before the end of the ten-week period.

Direction following application under paragraph 6 U.K.

8 (1) The functions of the CMA in relation to an application under paragraph 6 for a direction are to be carried out by an authorised member of the CMA. U.K.

(2) An authorised member of the CMA may give a direction suspending the effect of a decision under section 11(1) to include a condition in a licence only if—

(a) the applicant for the direction would incur significant costs if the licence condition were to have effect from the date specified in the decision, and

(b) the balance of convenience does not otherwise require the licence condition to have effect from that date.

(3) If the authorised member gives a direction suspending the effect of the decision, the licence condition does not have effect or ceases to have effect—

(a) to the extent specified in the direction, and

(b) for the period specified or described in the direction.

(4) An authorised member of the CMA may by notice vary or withdraw a direction under this paragraph if the authorised member considers it appropriate to do so having regard to the costs and the balance of convenience referred to in sub-paragraph (2).

Publication of decisions about directions U.K.

9 (1) An authorised member of the CMA must— U.K.

(a) publish a decision on an application under paragraph 6 for a direction and the reasons for the decision;

(b) send a copy of the decision and reasons to the persons listed in sub-paragraph (4).

(2) Where paragraph 7 applies, the requirements of sub-paragraph (1) must be complied with before the end of the ten-week period referred to in that paragraph.

(3) An authorised member of the CMA must—

(a) publish any notice varying or withdrawing a direction under paragraph 8 and the reasons for the variation or withdrawal;

(b) send a copy of the notice and reasons to the persons listed in sub-paragraph (4).

(4) Those persons are—

(a) the holder of the licence that is the subject of the application or direction;

(b) if the application for the direction was made by someone other than the licence holder, the applicant;

(c) any other person with a qualifying interest in the decision that is the subject of the application or appeal;

(d) any owners or operators of aircraft that the authorised member considers appropriate;

(e) any owners or managers of prescribed aerodromes that the authorised member considers appropriate;

(f) the CAA.

Time limit for CAA to make representations U.K.

10 (1) This paragraph applies where the CAA wishes to make representations to the CMA in relation to an application under paragraph 6 for a direction. U.K.

(2) In a case to which paragraph 7 applies, the CAA must make the representations in writing before the end of the period of eight weeks beginning with the day on which the CAA published the decision notice.

(3) In any other case—

(a) an authorised member of the CMA must specify a reasonable period for making representations;

(b) the CAA must make the representations in writing before the end of that period.

(4) In all cases, the CAA must send a copy of its representations to—

(a) the holder of the licence that is the subject of the application;

(b) if the application was made by someone other than the licence holder, the applicant;

(c) any other person with a qualifying interest in the decision that is the subject of the application;

(d) any owners or operators of aircraft that the CAA considers appropriate;

(e) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

PART 4 U.K. Determination of appeals

Determination of appeal by group U.K.

11 (1) A group constituted by the chair of the CMA, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, for the purpose of carrying out functions of the CMA with respect to an appeal under section 19A must consist of three members of the CMA panel. U.K.

(2) A decision of the group is effective only if—

(a) all of the members are present when it is made, and

(b) at least two members of the group are in favour of the decision.

Representations made by the CAA U.K.

12 (1) This paragraph applies where an application for permission has been granted and the CAA makes representations to the CMA for the purposes of the appeal under section 19A. U.K.

(2) The CAA must send a copy of its representations to—

(a) the holder of the licence that is the subject of the appeal;

(b) if the appeal was brought by someone other than the licence holder, the appellant;

(c) any other person with a qualifying interest in the decision that is the subject of the appeal;

(d) any owners or operators of aircraft that the CAA considers appropriate;

(e) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Matters that may be disregarded U.K.

13 (1) The CMA may disregard matters raised by the CAA if it thinks it necessary to do so for the purpose of securing that an appeal under section 19A is determined within the period allowed under section 19D, unless they are matters contained in representations made to the CMA— U.K.

(a) in accordance with paragraph 10, or

(b) before the end of the period of 12 weeks beginning with the day on which the decision notice was published.

(2) The CMA may disregard matters raised by the appellant if it thinks it necessary to do so for the purpose of securing that an appeal under section 19A is determined within the period allowed under section 19D, unless the matters were raised by the appellant—

(a) at the time of the application under paragraph 1 for permission to appeal, or

(b) in an application under paragraph 6 for a direction.

(3) The CMA may disregard matters raised by an intervener if it thinks it necessary to do so for the purpose of securing that an appeal under section 19A is determined within the period allowed under section 19D, unless the matters were raised by the intervener—

(a) at the time of the application for permission to intervene under paragraph 4, or

(b) in an application under paragraph 6 for a direction.

Remitting decision to CAA U.K.

14 (1) This paragraph applies where the CMA decides to remit a matter that is the subject of an appeal under section 19A to the CAA for reconsideration and decision. U.K.

(2) Where, on reconsidering the matter, the CAA decides to modify a licence, the notice under section 11A(5) in respect of the modification may, with the agreement of the licence holder, specify a date falling—

(a) before the end of the period of six weeks beginning with the date on which the notice is published, but

(b) on or after the date on which the decision that was the subject of the appeal took effect or would have taken effect but for its suspension under this Schedule.

Substituting the CAA's decision U.K.

15 (1) This paragraph applies where the CMA decides to substitute its own decision for a decision of the CAA that is the subject of an appeal under section 19A. U.K.

(2) The decision of the CMA has effect as if made by the CAA except that—

(a) section 11A(5) does not apply;

(b) an appeal may not be brought against it under section 19A.

(3) Any modification of a licence effected by the CMA takes effect from the date specified by the CMA.

(4) The CMA may, with the agreement of the licence holder, specify a date falling—

(a) before the date on which the order containing its decision is published, but

(b) on or after the date on which the decision that was the subject of the appeal took effect or would have taken effect but for its suspension under this Schedule.

PART 5 U.K. General

Consideration of new matters U.K.

16 (1) This paragraph applies to— U.K.

(a) an authorised member of the CMA with the function of determining an application for permission to appeal under section 19A;

(b) a group with the function of determining an appeal under that section.

(2) The member or group must not have regard to any matter, information or evidence raised or provided by the CAA if it was not considered by the CAA in making the decision that is the subject of the application or the appeal, unless the member or group considers that—

(a) the CAA could not reasonably have been expected to consider the matter, information or evidence when making that decision, and

(b) the matter, information or evidence is likely to have an important effect on the outcome of the application or appeal, either by itself or taken together with other matters, information or evidence.

(3) The member or group must not have regard to any matter, information or evidence raised or provided by a person other than the CAA if it was not considered by the CAA in making the decision that is the subject of the application or appeal, unless the member or group considers that—

(a) the person or a relevant connected person could not reasonably have raised the matter with the CAA, or provided the information or evidence to the CAA, during the period in which the CAA was making that decision, and

(b) the matter, information or evidence is likely to have an important effect on the outcome of the application or appeal, either by itself or taken together with other matters, information or evidence.

(4) Where the member or group has regard to any matter, information or evidence in reliance on sub-paragraph (2) or (3), those sub-paragraphs do not prevent the member or group having regard to further matters, information or evidence raised or provided in response to it if the member or group considers that the further matter, information or evidence is likely to have an important effect on the outcome of the application or appeal, either by itself or taken together with other matters, information or evidence.

(5) In sub-paragraph (3) “relevant connected person”, in relation to a person who raises or provides a matter, information or evidence, means a person who was connected to that person at any time during the period in which the CAA was making the decision that is the subject of the application or appeal.

(6) References in this paragraph to the period in which the CAA was making a decision are to the period—

(a) beginning with the publication of a notice under section 11A(1) proposing to make the modification, and

(b) ending with the publication of a notice under section 11A(5) in relation to that modification.

Production of documents U.K.

17 (1) The CMA may by notice require a person to produce to it documents specified or described in the notice that are in the person's custody or under the person's control. U.K.

(2) In this paragraph “document” means anything in which information is recorded.

(3) The notice may require the production of documents—

(a) at a time and place specified in the notice;

(b) in a form and manner specified in the notice.

(4) The notice may not require a person to produce documents that the person could not be compelled to provide in evidence in civil proceedings before the High Court or, in Scotland, the Court of Session.

(5) A notice under this paragraph may be given on behalf of the CMA by an authorised member of the CMA.

Oral hearings U.K.

18 (1) For the purposes of this Schedule the following persons may hold an oral hearing and take evidence on oath— U.K.

(a) an authorised member of the CMA considering an application under paragraph 1 for permission to appeal;

(b) an authorised member of the CMA considering an application under paragraph 4 for permission to intervene;

(c) an authorised member of the CMA considering an application under paragraph 6 for a direction;

(d) a group with the function of determining an appeal under section 19A.

(2) In the course of holding such a hearing and taking such evidence, a person or group described in sub-paragraph (1) may administer oaths.

(3) An authorised member of the CMA may by notice require a person—

(a) to attend at a time and place specified in the notice, and

(b) at that time and place, to give evidence to a member or group described in sub-paragraph (1).

(4) At an oral hearing, the member or group conducting the hearing may require the following persons to give evidence or to make representations—

(a) the applicant, the appellant or any intervener (if present);

(b) a person attending a hearing as a representative of the applicant, the appellant, an intervener or the CAA.

(5) Subject to sub-paragraph (6), a person who gives oral evidence at the hearing may be cross-examined by or on behalf of—

(a) the appellant;

(b) an intervener;

(c) the CAA.

(6) Such a person may be cross-examined by or on behalf of an intervener only with the leave of the member or group conducting the hearing.

(7) If the applicant, the appellant, an intervener or a representative of any such person or the CAA is not present at a hearing—

(a) there is no requirement to give notice to that person under sub-paragraph (3);

(b) the member or group conducting the hearing may determine the application or appeal without hearing that person's evidence or representations.

(8) A person may not be required under this paragraph to give evidence that the person could not be compelled to give in civil proceedings before the High Court or, in Scotland, the Court of Session.

(9) Where a person is required under this paragraph to attend at a place more than 16 kilometres from the person's place of residence, an authorised member of the CMA must arrange for the person to be paid the necessary expenses of attendance.

(10) A notice under this paragraph may be given on behalf of the CMA by an authorised member of the CMA.

Written evidence U.K.

19 (1) The CMA may by notice require a person to produce a written statement with respect to a matter specified in the notice— U.K.

(a) to an authorised member of the CMA considering an application under paragraph 1 for permission to appeal;

(b) to an authorised member of the CMA considering an application under paragraph 4 for permission to intervene;

(c) to an authorised member of the CMA considering an application under paragraph 6 for a direction;

(d) to a group with the function of determining an appeal under section 19A.

(2) The notice may require the written statement—

(a) to be produced at the time and place specified in the notice;

(b) to be verified by a statement of truth.

(3) Where a notice requires a written statement to be verified by a statement of truth, the written statement may be disregarded unless it is so verified.

(4) A person may not be required under this paragraph to produce a written statement about a matter if the person could not be compelled to give evidence about that matter in civil proceedings before the High Court or, in Scotland, the Court of Session.

(5) A notice under this paragraph may be given on behalf of the CMA by an authorised member of the CMA.

Expert advice U.K.

20 U.K. Where permission to appeal is granted under paragraph 2, the CMA may commission expert advice with respect to any matter raised by—

(a) the appellant,

(b) an intervener, or

(c) the CAA.

Enforcement of requirements in relation to evidence etc U.K.

21 (1) This paragraph applies where a person— U.K.

(a) fails to comply with a notice under paragraph 17, 18 or 19,

(b) fails to comply with any other requirement imposed under paragraph 17, 18 or 19,

(c) in complying with a notice under paragraph 19, makes a statement that is false or misleading in a material respect, or

(d) in providing information verified by a statement of truth required by appeal rules under paragraph 23, provides information that is false or misleading in a material respect.

(2) An authorised member of the CMA may certify to the appropriate court—

(a) the failure,

(b) the fact that the person has made a false or misleading statement in circumstances described in sub-paragraph (1)(c), or

(c) the fact that the person has provided false or misleading information in circumstances described in sub-paragraph (1)(d).

(3) The appropriate court may inquire into a certified failure or act and, if it does so, must hear—

(a) any witness against the person;

(b) any witness on behalf of the person;

(c) any statement in the person's defence.

(4) The appropriate court may punish the person as if the person had been guilty of contempt of court if it is satisfied that—

(a) the certified failure or act took place, and

(b) the person did not have a reasonable excuse for the failure or act.

(5) Where the person is a body corporate, the appropriate court may punish any director or other officer of that body, either instead or as well as punishing the body.

(6) In this paragraph—

• “the appropriate court”—

  (a)

  in relation to England and Wales and Northern Ireland, means the High Court;

  (b)

  in relation to Scotland, means the Court of Session;

• “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.

Withdrawal of applications and appeals U.K.

22 (1) An application under paragraph 1 for permission to appeal may be withdrawn only with the consent of the CMA. U.K.

(2) After an application for permission to appeal is granted, the appeal may be withdrawn only with the consent of the CMA.

(3) An application under paragraph 4 for permission to intervene may be withdrawn only with the consent of the CMA.

(4) After an application for permission to intervene is granted, the intervener may withdraw from the appeal only with the consent of the CMA.

(5) For the purposes of sub-paragraphs (1) to (4), the consent of the CMA may be given by an authorised member of the CMA.

(6) Where the CMA has consented, the person wishing to withdraw the application or appeal, or withdraw as an intervener, may give notice of withdrawal to the CMA.

(7) An application under paragraph 6 for a direction suspending the effect of a decision may be withdrawn at any time by giving notice of withdrawal to the CMA.

(8) Withdrawal of an application under this Schedule or of an appeal, or as an intervener in an appeal, has effect when the notice of withdrawal is given to the CMA.

(9) A person giving notice of withdrawal to the CMA must send a copy of the notice to the CAA.

(10) The CAA must—

(a) publish the notice;

(b) send a copy of it to the persons listed in sub-paragraph (11) (other than the person who gave the notice).

(11) Those persons are—

(a) the holder of the licence that is the subject of the application or appeal;

(b) any other person with a qualifying interest in the decision that is the subject of the application or appeal;

(c) any owners or operators of aircraft that the CAA considers appropriate;

(d) any owners or managers of prescribed aerodromes that the CAA considers appropriate.

Appeal Rules U.K.

23 (1) The CMA Board may make rules regulating the conduct and disposal of appeals. U.K.

(2) The rules may include provision supplementing the provisions of this Schedule in relation to any application, notice, hearing or requirement for which this Schedule provides.

(3) The rules may, in particular, include—

(a) provision requiring an application to be accompanied by information specified in the rules;

(b) provision requiring such information to be verified by a statement of truth;

(c) provision requiring an applicant to provide the CAA with information specified in the rules;

(d) provision imposing time limits or other restrictions on the taking of evidence at an oral hearing;

(e) provision imposing time limits or other restrictions on the making of representations or observations at such a hearing.

(4) The rules may make different provision for different purposes.

(5) Before making rules under this paragraph the CMA Board must consult any persons that it considers appropriate.

(6) The CMA Board must publish the rules made under this paragraph.

Costs U.K.

24 (1) Where an application under this Schedule or an appeal is withdrawn, an authorised member of the CMA may make any order that the member thinks fit requiring the parties to the application or appeal to make payments to each other and to the CMA in respect of costs incurred in connection with the application or appeal. U.K.

(2) A group that determines an appeal must make an order requiring the payment to the CMA of the costs incurred by the CMA in connection with the appeal.

(3) Subject to sub-paragraph (4), an order under sub-paragraph (2) must require those costs to be paid—

(a) where the appeal is allowed in full, by the CAA;

(b) where the appeal is dismissed in full, by the appellant;

(c) where the appeal is allowed in part, by the appellant and the CAA in such proportions as the group considers appropriate.

(4) The order may require an intervener in the appeal to pay such proportion of those costs (if any) as the group considers appropriate.

(5) A group that determines an appeal may make any order that it thinks fit requiring one party to the appeal to make payments to another in respect of costs reasonably incurred by the other party in connection with the appeal.

(6) A person who is required to make a payment by an order under this paragraph must comply with the order before the end of the period of 28 days beginning with the day after the making of the order.

(7) If that person does not do so, the unpaid balance carries interest at a rate specified in the order or determined in accordance with it.

(8) In this paragraph, references to an intervener in an appeal, and to a party to an appeal, include a person who was granted permission to intervene in an appeal and subsequently withdrew from the appeal.

Secretary of State's power to modify time limits U.K.

25 U.K. The Secretary of State may by regulations modify any period of time specified in this Schedule.

Publication etc U.K.

26 U.K. Where the CAA, the CMA or an authorised member of the CMA is required by this Schedule to publish something or send a copy of something and this Schedule does not specify a time for doing so, it must be published or sent as soon as practicable.

Interpretation U.K.

27 (1) In this Schedule— U.K.

• “appeal” means an appeal under section 19A;

• “authorised member of the CMA” has the meaning given in sub-paragraph (2);

• “CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;

• “intervener”, in relation to an appeal, means a person who has been granted permission to intervene in the appeal and who has not withdrawn from the appeal;

• “prescribed aerodrome” has the meaning given in section 19A(3);

• “statement of truth”, in relation to the production of a statement or in relation to information provided by a person, means a statement that the person producing that statement or providing that information believes the facts contained in the statement or the information to be true.

(2) In this Schedule “authorised member of the CMA”—

(a) in relation to a power exercisable in connection with an appeal, application or direction in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power; and

(b) in relation to a power exercisable in connection with an appeal, application or direction in respect of which a group has not been so constituted by the chair of the CMA, means—

(i) any member of the CMA Board who is also a member of the CMA panel, or

(ii) any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.

(3) For the purposes of this Schedule and sections 19D and 19E, a person has a qualifying interest in a decision that is the subject of an appeal or an application under this Schedule if—

(a) the person has been granted permission to appeal against the decision and has not withdrawn the appeal,

(b) the person has applied for permission to appeal against the decision and the application has not been withdrawn or refused,

(c) the person has been granted permission to intervene in an appeal against the decision and the appeal has not been withdrawn,

(d) the person has applied for permission to intervene in an appeal against the decision and the application has not been withdrawn or refused, or

(e) the person has applied for a direction under paragraph 6, the application has not been withdrawn or refused and any direction made in response to the application has not been withdrawn.]

Section 20

[F2 SCHEDULE B1 U.K. Enforcement of duties under section 8 and licence conditions

Textual Amendments

F2 Sch. B1 inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 10(7)(a), 21(3)-(7), Sch. 5; S.I. 2021/748, reg. 2(b)

PART 1 U.K. Enforcement

Contravention notices U.K.

1 (1) The CAA may give a notice under this paragraph (a “contravention notice”) to a licence holder if it has reasonable grounds for believing that the licence holder is contravening, or has contravened, a Chapter 1 requirement. U.K.

(2) In this Schedule “Chapter 1 requirement”, in relation to a licence holder, means—

(a) a duty imposed on the licence holder by section 8, or

(b) a licence condition of the licence holder's licence.

(3) A contravention notice must—

(a) specify the Chapter 1 requirement and contravention in respect of which it is given;

(b) explain the action that the CAA may take under this Schedule in connection with the contravention;

(c) explain that representations may be made about the matters in the notice before the end of the period specified in the notice.

(4) The CAA must specify a period of not less than 30 days beginning with the day on which the contravention notice is given, subject to sub-paragraph (5).

(5) The CAA may specify a shorter period in a contravention notice given in respect of a repeated contravention.

(6) A contravention notice is given to a licence holder in respect of a repeated contravention if, in the period of two years ending with the day on which the notice is given, the CAA did one or more of the following in respect of a contravention by the licence holder of the same Chapter 1 requirement—

(a) gave the licence holder a contravention notice;

(b) gave the licence holder an enforcement order;

(c) gave the licence holder an urgent enforcement order;

(d) imposed a penalty on the licence holder under paragraph 9 or 10.

(7) The CAA may extend the period specified in a contravention notice given to a licence holder on one or more occasions by giving a notice to that licence holder.

(8) The CAA may withdraw a contravention notice given to a licence holder at any time by giving a notice to the licence holder that includes its reasons for doing so.

(9) As soon as practicable after giving a notice under sub-paragraph (1), (7) or (8), the CAA must—

(a) publish the notice;

(b) send a copy of the notice to—

(i) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(ii) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

(iii) the Secretary of State.

(10) A contravention notice given in respect of a contravention that is or was a continuing contravention must specify the period of contravention in respect of which it is given.

(11) In this Schedule “representation period”, in relation to a contravention notice, means—

(a) the period specified in the contravention notice for making representations;

(b) where the period has been extended in accordance with sub-paragraph (7), the extended period.

Restrictions on giving contravention notices U.K.

2 (1) If the CAA gives a licence holder a contravention notice or an urgent enforcement order (see paragraph 5) in respect of a contravention, it may not subsequently give the licence holder a contravention notice in respect of the same contravention. U.K.

(2) Sub-paragraph (1) does not apply if—

(a) the CAA withdraws the first contravention notice without imposing a penalty on the person under paragraph 9, or

(b) the CAA revokes the urgent enforcement order without imposing a penalty on the licence holder under paragraph 10.

(3) Sub-paragraph (1) does not prevent the CAA giving a licence holder more than one contravention notice, or a contravention notice and urgent enforcement order, in respect of—

(a) contraventions of the same Chapter 1 requirement in different ways, or

(b) contraventions of the same Chapter 1 requirement at different times or during different periods.

Enforcement order U.K.

3 (1) The CAA may give an order under this paragraph (an “enforcement order”) to a licence holder if— U.K.

(a) it has given the licence holder a contravention notice (and has not withdrawn it),

(b) the representation period has ended,

(c) it has considered any representations made about the matters in the contravention notice before the end of that period (and not withdrawn), and

(d) sub-paragraph (2) or (3) is satisfied.

(2) This sub-paragraph is satisfied if the CAA has determined that the licence holder is contravening a Chapter 1 requirement specified in the contravention notice in one or more of the ways specified in the notice.

(3) This sub-paragraph is satisfied if the CAA has determined that the licence holder—

(a) has contravened a Chapter 1 requirement specified in the contravention notice in one or more of the ways specified in the notice, and

(b) did not, before the end of the representation period, take all of the appropriate steps mentioned in sub-paragraph (6)(b).

(4) An enforcement order must—

(a) specify the Chapter 1 requirement and contravention in respect of which it is given;

(b) require the licence holder to take any appropriate steps that are specified in the order;

(c) specify a reasonable period within which the steps must be taken;

(d) give the CAA's reasons for giving the order.

(5) As soon as practicable after giving an enforcement order, the CAA must—

(a) publish the order;

(b) send a copy of the order to—

(i) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(ii) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

(iii) the Secretary of State.

(6) In this paragraph “appropriate steps”, in relation to a contravention of a Chapter 1 requirement, means steps that the CAA has determined are appropriate—

(a) for complying with the requirement, and

(b) for remedying the consequences of the contravention.

Enforcement order: modification and revocation U.K.

4 (1) The CAA may— U.K.

(a) modify an enforcement order with the agreement of the licence holder to whom it was given, or

(b) revoke an enforcement order.

(2) Before modifying or revoking the order, the CAA must—

(a) publish a notice in relation to the proposed modification or revocation;

(b) send a copy of the notice to the licence holder to whom the order was given;

(c) consider any representations made about the proposal in the period specified in the notice (and not withdrawn).

(3) The notice under sub-paragraph (2) must—

(a) state that the CAA proposes to modify or revoke the order;

(b) specify the proposed modification (if relevant);

(c) give the CAA's reasons for the modification or revocation;

(d) specify a reasonable period for making representations.

(4) As soon as practicable after modifying or revoking an enforcement order, the CAA must—

(a) publish a notice giving details of the modification or revocation;

(b) send a copy of the notice to the persons listed in sub-paragraph (5).

(5) The persons are—

(a) the licence holder to whom the enforcement order was given;

(b) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(c) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

(d) the Secretary of State.

Urgent enforcement order U.K.

5 (1) The CAA may give an order under this paragraph (an “urgent enforcement order”) to a licence holder if sub-paragraph (2) or (3) is satisfied. U.K.

(2) This sub-paragraph is satisfied if the CAA has reasonable grounds for believing that—

(a) the licence holder is contravening, or has contravened, a Chapter 1 requirement,

(b) the contravention has resulted in, or creates an immediate risk of, a serious economic or operational problem—

(i) for owners or operators of aircraft, or

(ii) for owners or managers of aerodromes, and

(c) it is appropriate to give an urgent enforcement order to prevent, remove or reduce that problem or risk.

(3) This sub-paragraph is satisfied if the CAA has reasonable grounds for believing that—

(a) the licence holder is likely to contravene a Chapter 1 requirement,

(b) the contravention is likely to result in, or create an immediate risk of, a problem described in sub-paragraph (2)(b), and

(c) it is appropriate to give the urgent enforcement order to prevent, or reduce the likelihood of, that problem or risk arising.

(4) An urgent enforcement order must—

(a) specify the Chapter 1 requirement and the contravention in respect of which it is given;

(b) require the licence holder to take any appropriate steps that are specified in the order;

(c) specify a reasonable period within which the steps must be taken;

(d) give the CAA's reasons for giving the order.

(5) As soon as practicable after giving an urgent enforcement order, the CAA must—

(a) publish the order;

(b) send a copy of the order to—

(i) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(ii) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

(iii) the Secretary of State.

(6) In this paragraph “appropriate steps”—

(a) in relation to a contravention of a Chapter 1 requirement that has occurred or is occurring, means steps that the CAA has determined are appropriate—

(i) for complying with the requirement, and

(ii) for remedying the consequences of the contravention;

(b) in relation to a contravention of a Chapter 1 requirement that is likely to occur, means steps that the CAA has determined are appropriate for securing that the contravention does not occur.

Urgent enforcement order: confirmation U.K.

6 (1) As soon as practicable after giving an urgent enforcement order, the CAA must— U.K.

(a) confirm the order, or

(b) revoke the order (see paragraph 7).

(2) The CAA may confirm an urgent enforcement order with or without modifications.

(3) The CAA may confirm an urgent enforcement order given in reliance on paragraph 5(2) only if it has determined that—

(a) the licence holder is contravening, or has contravened, a Chapter 1 requirement specified in the order in one or more of the ways specified in the order,

(b) the contravention has resulted in, or creates an immediate risk of, a problem described in paragraph 5(2)(b), and

(c) it is appropriate to confirm the urgent enforcement order, with any modifications, to prevent, remove or reduce that problem or risk.

(4) The CAA may confirm an urgent enforcement order given in reliance on paragraph 5(3) only if—

(a) it has determined that paragraphs (a) to (c) of sub-paragraph (3) of this paragraph are satisfied, or

(b) it has determined that—

(i) the licence holder is likely to contravene a Chapter 1 requirement specified in the order in one or more of the ways specified in the order,

(ii) the contravention is likely to result in, or create an immediate risk of, a problem described in paragraph 5(2)(b), and

(iii) it is appropriate to confirm the urgent enforcement order, with any modifications, in order to prevent, or reduce the likelihood of, that problem or risk arising.

(5) Before confirming an urgent enforcement order, the CAA must—

(a) publish a notice in relation to the proposal to confirm the order;

(b) send a copy of the notice to the licence holder to whom the order was given;

(c) consider any representations made about the proposal in the period specified in the notice (and not withdrawn).

(6) The notice under sub-paragraph (5) must—

(a) state that the CAA proposes to confirm the order;

(b) specify any proposed modifications of the order;

(c) give the CAA's reasons for confirming the order and for any modifications;

(d) specify a reasonable period for making representations.

(7) As soon as practicable after confirming an urgent enforcement order, the CAA must—

(a) publish a notice giving details of the confirmation, including any modifications of the order;

(b) send a copy of the notice to the persons listed in sub-paragraph (8).

(8) Those persons are—

(a) the licence holder to whom the urgent enforcement order was given;

(b) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(c) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

(d) the Secretary of State.

Urgent enforcement order: modification and revocation U.K.

7 (1) The CAA may— U.K.

(a) modify an urgent enforcement order with the agreement of the licence holder to whom it was given, or

(b) revoke an urgent enforcement order.

(2) Before modifying or revoking the order, the CAA must—

(a) publish a notice in relation to the proposed modification or revocation;

(b) send a copy of the notice to the licence holder;

(c) consider any representations made about the proposal in the period specified in the notice (and not withdrawn).

(3) The notice under sub-paragraph (2) must—

(a) state that the CAA proposes to modify or revoke the order;

(b) specify the proposed modification (if relevant);

(c) give the CAA's reasons for the modification or revocation;

(d) specify a reasonable period for making representations.

(4) As soon as practicable after modifying or revoking an urgent enforcement order, the CAA must—

(a) publish a notice giving details of the modification or revocation;

(b) send a copy of the notice to the persons listed in sub-paragraph (5).

(5) Those persons are—

(a) the licence holder to whom the urgent enforcement order was given;

(b) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(c) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

(d) the Secretary of State.

(6) Nothing in this paragraph restricts, or applies in relation to the exercise of, the CAA's power under paragraph 6 to modify an urgent enforcement order when confirming the order.

Civil proceedings U.K.

8 (1) A licence holder who is given an enforcement order must comply with it (unless it is revoked). U.K.

(2) The obligation to comply with an enforcement order is a duty owed to every person who may be affected by a contravention of a requirement of the order.

(3) A licence holder who is given an urgent enforcement order must comply with it, whether or not it has been confirmed (unless it is revoked).

(4) The obligation to comply with an urgent enforcement order that has been confirmed is a duty owed to every person who may be affected by a contravention of a requirement of the order.

(5) Where a duty is owed to a person under sub-paragraph (2) or (4), the following are actionable by the person—

(a) a breach of the duty that causes the person to sustain loss or damage;

(b) an act that—

(i) by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and

(ii) is done entirely or partly for achieving that result.

(6) In proceedings brought against a licence holder by virtue of sub-paragraph (5), it is a defence for the licence holder to show that it took all reasonable steps and exercised all due diligence to avoid contravening the requirements of the order.

(7) The CAA may enforce the duties under sub-paragraphs (1) and (3)—

(a) in civil proceedings for an injunction,

(b) in civil proceedings in Scotland for an interdict or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or

(c) in civil proceedings for any other appropriate remedy or relief.

(8) Enforcement of a duty under sub-paragraph (1) or (3) by the CAA does not prejudice any rights a person may have by virtue of sub-paragraph (5).

Penalty for contravention of Chapter 1 requirement U.K.

9 (1) The CAA may impose a penalty on a licence holder if— U.K.

(a) it has given the licence holder a contravention notice (and has not withdrawn it),

(b) the representation period has ended,

(c) it has considered any representations made about the matters in the contravention notice before the end of that period (and not withdrawn), and

(d) it has determined that the licence holder is contravening, or has contravened, a Chapter 1 requirement specified in the notice in one or more of the ways specified in the notice.

(2) If the contravention notice specifies more than one contravention, the CAA may impose a separate penalty under this paragraph for each contravention.

(3) If the contravention notice specifies more than one period of contravention, the CAA may impose a separate penalty under this paragraph for each period.

Penalty for contravention of order U.K.

10 U.K. The CAA may impose a penalty on a licence holder if it has determined that the licence holder is contravening, or has contravened, a requirement of—

(a) an enforcement order, or

(b) an urgent enforcement order that has been confirmed.

Procedure before imposing penalty U.K.

11 (1) Before imposing a penalty on a licence holder under paragraph 9 or 10 the CAA must— U.K.

(a) give the licence holder a notice about the proposed penalty;

(b) publish the notice as soon as practicable;

(c) send a copy of the notice to the persons listed in sub-paragraph (3);

(d) consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).

(2) A notice under sub-paragraph (1) must—

(a) state that the CAA proposes to impose a penalty;

(b) state the proposed amount of the penalty;

(c) specify the requirement that the CAA has determined is being or has been contravened;

(d) specify the act or omission that the CAA has determined constitutes a contravention of the requirement;

(e) where the penalty would be imposed under paragraph 10, specify the Chapter 1 requirement in respect of which the enforcement order or urgent enforcement order (as the case may be) was given.

(3) The persons are—

(a) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(b) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

(c) the Secretary of State.

(4) In the case of a penalty calculated entirely or partly by reference to a daily amount (see paragraph 13(2)), a notice must specify—

(a) the day on which daily amounts would begin to accumulate;

(b) the day on which, or the circumstances in which, they would cease to accumulate.

(5) The period specified in a notice under sub-paragraph (1) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the licence holder.

(6) Before varying the proposed amount of a penalty, the CAA must—

(a) give the licence holder on whom the penalty is to be imposed a notice about the proposed variation;

(b) publish the notice as soon as practicable;

(c) send a copy of the notice to the persons listed in sub-paragraph (3);

(d) consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).

(7) In the case of a penalty calculated entirely or partly by reference to a daily amount (see paragraph 13(2)), the reference in sub-paragraph (6) to varying the proposed amount includes—

(a) varying the day on which daily amounts would begin to accumulate;

(b) varying the day on which, or the circumstances in which, they would cease to accumulate.

(8) The notice under sub-paragraph (6) must—

(a) specify the proposed variation;

(b) give the CAA's reasons for the proposed variation.

(9) The period specified in a notice under sub-paragraph (6) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the licence holder.

(10) The CAA may withdraw a notice under sub-paragraph (1) or (6) at any time by giving notice to the licence holder on whom it proposed to impose the penalty.

(11) As soon as practicable after giving a notice under sub-paragraph (10), the CAA must—

(a) publish the notice;

(b) send a copy of the notice to the persons listed in sub-paragraph (3).

Procedure after imposing a penalty U.K.

12 (1) As soon as practicable after imposing a penalty under paragraph 9 or 10 the CAA must— U.K.

(a) give a notice to the licence holder on whom the penalty is imposed;

(b) publish the notice;

(c) send a copy of the notice to the persons listed in sub-paragraph (3).

(2) The notice must—

(a) state that the CAA has imposed a penalty;

(b) state the amount of the penalty;

(c) specify the requirement that the CAA has determined is being or has been contravened;

(d) specify the act or omission that the CAA has determined constitutes a contravention of the requirement;

(e) where the penalty is imposed under paragraph 10, specify the Chapter 1 requirement in respect of which the enforcement order or urgent enforcement order (as the case may be) was given;

(f) specify a reasonable period within which the penalty must be paid or reasonable periods within which different portions of the penalty must be paid.

(3) The persons are—

(a) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(b) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

(c) the Secretary of State.

(4) In the case of a penalty calculated entirely or partly by reference to a daily amount (see paragraph 13(2)), the notice must specify—

(a) the day on which the daily amounts begin to accumulate;

(b) the day on which, or the circumstances in which, they cease to accumulate.

(5) As soon as practicable after daily amounts cease to accumulate, the CAA must—

(a) give a notice to the licence holder on whom the penalty was imposed confirming the day on which they ceased to accumulate;

(b) publish the notice;

(c) send a copy of the notice to the persons listed in sub-paragraph (3).

Amount of penalty U.K.

13 (1) The amount of a penalty imposed on a person under paragraph 9 or 10 must be the amount that the CAA determines to be— U.K.

(a) appropriate, and

(b) proportionate to the contravention for which it is imposed.

(2) The penalty may consist of either or both of the following—

(a) a fixed amount (see paragraph 14);

(b) a daily amount (see paragraph 15).

(3) In determining the amount of a penalty, the CAA must have regard, in particular, to—

(a) any representations made to it in a period specified in a notice proposing to give a penalty under paragraph 11(1) or (6) (and not withdrawn);

(b) any steps taken by the licence holder on whom the penalty is to be imposed towards complying with—

(i) the requirement specified in the notice under paragraph 11(1) by virtue of paragraph 11(2)(c), and

(ii) where the penalty is to be imposed under paragraph 10, the Chapter 1 requirement specified in the notice under paragraph 11(1) by virtue of paragraph 11(2)(e);

(c) any steps taken by that licence holder towards remedying the consequences of the contravention of the requirement mentioned in paragraph (b)(i) and, where relevant, paragraph (b)(ii).

Amount of penalty: fixed amount U.K.

14 (1) A penalty imposed on a licence holder under paragraph 9 or 10 for a contravention may not consist of or include a fixed amount exceeding 10% of the licence holder's qualifying turnover for the qualifying period. U.K.

(2) A licence holder's qualifying turnover is the licence holder's turnover from its provision of air traffic services.

(3) The qualifying period is the last regulatory year ending on or before the day on which the notice proposing the penalty is given under paragraph 11(1) (“the notice day”), except in the cases described in sub-paragraph (4).

(4) Those cases are—

(a) where a licence holder was not authorised to provide air traffic services in respect of a managed area throughout the last regulatory year that ends on or before the notice day;

(b) where there is no regulatory year or the last regulatory year ended more than 12 months before the notice day;

(c) where a licence holder has not provided the CAA with accounts prepared in accordance with the licence for the last regulatory year that ends on or before the notice day.

(5) In those cases—

(a) if the licence holder was authorised to provide air traffic services in respect of a managed area on the notice day, the qualifying period is the year ending with the notice day (or, if shorter, the period ending with the notice day during which the licence holder was authorised to provide such services in respect of such an area);

(b) otherwise, the qualifying period is the year ending with the last day before the notice day on which the licence holder was authorised to provide air traffic services in respect of a managed area (or, if shorter, the period ending with the last day before the notice day during which the licence holder was authorised to provide such services in respect of such an area).

(6) A licence holder's qualifying turnover for a qualifying period is to be taken to be the qualifying turnover for that period as reported in accounts that the licence holder is required to prepare by a licence condition, unless regulations under sub-paragraph (7) provide otherwise.

(7) The Secretary of State may by regulations—

(a) amend or otherwise modify the definition of qualifying turnover;

(b) make provision about how a licence holder's qualifying turnover for a qualifying period is to be calculated.

(8) The regulations may in particular—

(a) make provision about cases in which turnover is or is not to be treated as qualifying turnover for a qualifying period;

(b) provide that a licence holder's qualifying turnover for a qualifying period is to be taken to be the qualifying turnover reported in accounts specified or described in the regulations;

(c) provide that a licence holder's qualifying turnover is to be calculated entirely or partly using accounting rules specified or described in the regulations.

(9) In this paragraph “regulatory year”, in relation to a licence holder, means a year for which the licence holder was required to prepare accounts by a licence condition for air traffic services provided in respect of a managed area.

Amount of penalty: daily amount U.K.

15 (1) In relation to a penalty under paragraph 9 or 10, a daily amount is an amount payable where the contravention in respect of which the penalty is imposed continues after it is imposed. U.K.

(2) A penalty under paragraph 9 may not consist of or include a daily amount unless that contravention has been continuous since the end of the representation period for the contravention notice in which the contravention was specified.

(3) A daily amount must not exceed 0.1% of the licence holder's qualifying turnover for the qualifying period.

(4) A daily amount is payable in respect of each day in a period specified by the CAA in the notice under paragraph 12 stating that it has imposed the penalty.

(5) A specified period during which daily amounts accumulate must be the period that the CAA considers appropriate, subject to sub-paragraphs (6) and (7).

(6) The period must begin after the day on which the CAA gives the notice under paragraph 12.

(7) The period must end before—

(a) the day on which the contravention specified in the notice under paragraph 12 ceases, or

(b) if more than one contravention is specified in that notice, the day on which the last of those contraventions ceases.

(8) In this paragraph “qualifying turnover” and “qualifying period” have the same meaning as in paragraph 14.

Use of powers under Competition Act 1998 U.K.

16 (1) Before exercising a power listed in sub-paragraph (3), the CAA must consider whether it would be more appropriate to proceed under the Competition Act 1998. U.K.

(2) The CAA must not exercise such a power to the extent that it considers it would be more appropriate to proceed under that Act.

(3) Those powers are—

(a) the power to give a contravention notice under paragraph 1;

(b) the power to give an enforcement order under paragraph 3;

(c) the power to give and confirm an urgent enforcement order under paragraphs 5 and 6;

(d) the power to impose penalties under paragraphs 9 and 10.

PART 2 U.K. Appeals against orders and penalties

Appeals against enforcement orders and urgent enforcement orders U.K.

17 (1) A licence holder may appeal to the Competition Appeal Tribunal (referred to in this Schedule as “the Tribunal”) against— U.K.

(a) an enforcement order given to the licence holder, or

(b) an urgent enforcement order given to the licence holder that has been confirmed.

(2) The appeal may be against one or more of the following—

(a) the decision to give the order or, in the case of an urgent enforcement order, to confirm the order;

(b) the decision as to the steps specified in the order;

(c) the decision as to the period allowed for taking those steps.

(3) The making of an appeal under this paragraph against an enforcement order suspends the effect of the order until the appeal is decided or withdrawn, unless the Tribunal orders otherwise.

(4) The making of an appeal under this paragraph against an urgent enforcement order does not suspend the effect of the order, unless the Tribunal orders otherwise.

Appeals against modifications or revocations of existing orders U.K.

18 (1) A person may appeal to the Tribunal against— U.K.

(a) a decision to modify or revoke an enforcement order, or

(b) a decision to modify or revoke an urgent enforcement order that has been confirmed.

(2) An appeal under this paragraph may be made only by a person—

(a) who is not the person to whom the order was given, but

(b) who appears to the Tribunal to have sufficient interest in the decision.

(3) The making of an appeal under this paragraph against a modification or revocation of an order suspends the modification or revocation until the appeal is decided or withdrawn, unless the Tribunal orders otherwise.

Appeals against penalties U.K.

19 (1) A licence holder may appeal to the Tribunal against a penalty imposed on the licence holder under paragraph 9 or 10. U.K.

(2) The appeal may be against one or more of the following—

(a) the decision to impose the penalty;

(b) the decision as to the amount of the penalty;

(c) in the case of a penalty calculated entirely or partly by reference to a daily amount, the decision as to the period during which the daily amounts accumulate;

(d) the decision as to the period allowed for payment of the penalty.

(3) Where a licence holder appeals under this paragraph against a penalty, the CAA may not require the licence holder to pay the penalty until the appeal is decided or withdrawn.

Decisions on appeal U.K.

20 (1) The Tribunal may allow an appeal under paragraph 17, 18 or 19 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds— U.K.

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(c) that an error was made in the exercise of a discretion.

(2) It may—

(a) confirm or set aside the order, modification, revocation or penalty;

(b) give the CAA any directions it considers appropriate, including directions about the time within which the CAA must act.

(3) It may not direct the CAA to do anything that the CAA would not have the power to do apart from the direction.

(4) When deciding an appeal under paragraph 17, 18 or 19 (including giving directions) the Tribunal must have regard to the matters in respect of which duties are imposed on the CAA by section 2.

Further appeals U.K.

21 (1) An appeal lies to the appropriate court on a point of law arising from a decision of the Tribunal under paragraph 20, including a direction. U.K.

(2) An appeal under this paragraph may be brought by a party to the proceedings before the Tribunal.

(3) An appeal may not be brought without the permission of—

(a) the Tribunal, or

(b) the appropriate court.

(4) “The appropriate court”—

(a) in the case of an appeal from proceedings in England and Wales or Northern Ireland, means the Court of Appeal;

(b) in the case of an appeal from proceedings in Scotland, means the Court of Session.

PART 3 U.K. Interpretation

22 U.K. References in this Schedule to remedying the consequences of a contravention of a Chapter 1 requirement, or a requirement of an enforcement order or an urgent enforcement order, include paying an amount to a person—

(a) by way of compensation for loss or damage suffered by the person, or

(b) in respect of annoyance, inconvenience or anxiety suffered by the person.]

Section 25

[F3 SCHEDULE C1 U.K. Information

Textual Amendments

F3 Sch. C1 inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 10(7)(b), 21(3)-(7), Sch. 6; S.I. 2021/748, reg. 2(b)

PART 1 U.K. Power to obtain information

Power to obtain information U.K.

1 (1) The CAA may by notice require a person to provide— U.K.

(a) information, or

(b) a document that is in the person's custody or under the person's control.

(2) In this Schedule “document” means anything in which information is recorded.

(3) The CAA may give a notice under this paragraph only in respect of information or documents that it reasonably requires for the purpose of carrying out its functions under section 34 or Schedule B1.

(4) The notice may require the information or document to be provided—

(a) at a time and place specified in the notice;

(b) in a form and manner specified in the notice.

(5) The notice may not require a person to provide information or documents that the person could not be compelled to provide in evidence in civil proceedings before the High Court or, in Scotland, the Court of Session.

PART 2 U.K. Enforcement: information

Enforcement of information notice U.K.

2 (1) If a person fails to comply with a notice under paragraph 1 without reasonable excuse, the CAA may do either or both of the following— U.K.

(a) impose a penalty on the person;

(b) enforce the duty to comply with the notice in civil proceedings for an injunction or, in Scotland, for specific performance of a statutory duty under section 45 of the Court of Session Act 1988.

(2) The amount of the penalty must be the amount that the CAA determines to be—

(a) appropriate, and

(b) proportionate to the failure in respect of which it is imposed.

(3) A penalty may consist of either or both of the following—

(a) a fixed amount;

(b) an amount payable in respect of each day in a period specified by the CAA (a “daily amount”).

(4) A fixed amount must not exceed £2,000,000.

(5) A daily amount must not exceed £100,000.

(6) A specified period during which daily amounts accumulate must be the period that the CAA considers appropriate, subject to sub-paragraphs (7) and (8).

(7) The period must begin after the day on which the CAA gives the notice under paragraph 6 stating that it has imposed the penalty.

(8) The period must end before the day on which the person provides the information or documents specified in the notice under paragraph 1.

(9) The Secretary of State may by regulations replace the amount for the time being specified in sub-paragraph (4) or (5).

Penalty for providing false information U.K.

3 (1) The CAA may impose a penalty of a fixed amount on a person where it is satisfied beyond reasonable doubt that the person, in giving information to the CAA, has committed an offence under section 101 (making of false statements etc). U.K.

(2) Where a penalty is imposed on a person under this paragraph by the CAA, that person may not at any time be convicted of the offence under section 101 in respect of the act or omission giving rise to the penalty.

(3) The amount of a penalty imposed on a person under this paragraph must be the amount that the CAA determines to be—

(a) appropriate, and

(b) proportionate to the action in respect of which it is imposed,

but subject to a maximum of £2,000,000.

Penalty for destroying documents etc. U.K.

4 (1) The CAA may impose a penalty of a fixed amount on a person if the person intentionally alters, suppresses or destroys a document that the person is required to produce by a notice under paragraph 1. U.K.

(2) The reference in sub-paragraph (1) to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in a legible format.

(3) The amount of a penalty imposed on a person under this paragraph must be the amount that the CAA determines to be—

(a) appropriate, and

(b) proportionate to the action in respect of which it is imposed,

but subject to a maximum of £2,000,000.

Procedure before imposing a penalty U.K.

5 (1) Before imposing a penalty on a person under paragraph 2, 3 or 4, the CAA must— U.K.

(a) give the person a notice about the proposed penalty;

(b) publish the notice as soon as practicable;

(c) send a copy of the notice to the persons listed in sub-paragraph (4);

(d) consider any representations made about the proposed penalty in the period specified in the notice (and not withdrawn).

(2) The notice under sub-paragraph (1) must—

(a) state that the CAA proposes to impose a penalty;

(b) state the proposed amount of the penalty;

(c) give the CAA's reasons for imposing the penalty.

(3) In the case of a penalty under paragraph 2 calculated entirely or partly by reference to a daily amount, the notice under sub-paragraph (1) must specify—

(a) the day on which daily amounts would begin to accumulate;

(b) the day on which, or the circumstances in which, they would cease to accumulate.

(4) The persons are—

(a) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(b) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

(c) the Secretary of State.

(5) The period specified in the notice under sub-paragraph (1) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.

(6) Before varying the proposed amount of a penalty, the CAA must—

(a) give the person on whom the penalty is to be imposed a notice about the proposed variation;

(b) publish the notice as soon as practicable;

(c) send a copy of the notice to the persons listed in sub-paragraph (4);

(d) consider any representations made about the proposed variation in the period specified in the notice (and not withdrawn).

(7) In the case of a penalty under paragraph 2 calculated entirely or partly by reference to a daily amount, the reference in sub-paragraph (6) to varying the proposed amount of the penalty includes a reference to—

(a) varying the day on which daily amounts would begin to accumulate, and

(b) varying the day on which, or circumstances in which, they would cease to accumulate.

(8) The notice under sub-paragraph (6) must—

(a) specify the proposed variation;

(b) give the CAA's reasons for the proposed variation.

(9) The period specified in the notice under sub-paragraph (6) for making representations must be a period of not less than 21 days beginning with the day on which the notice is given to the person.

(10) The CAA may withdraw a notice under sub-paragraph (1) or (6) at any time by giving notice to the person on whom it is proposed to impose the penalty.

(11) As soon as practicable after giving a notice under sub-paragraph (10), the CAA must—

(a) publish the notice;

(b) send a copy of the notice to the persons listed in sub-paragraph (4).

Procedure after imposing penalty U.K.

6 (1) As soon as practicable after imposing a penalty on a person under paragraph 2, 3 or 4, the CAA must— U.K.

(a) give a notice to the person on whom the penalty is imposed;

(b) publish the notice;

(c) send a copy of the notice to the persons listed in sub-paragraph (4).

(2) The notice must—

(a) state that the CAA has imposed the penalty;

(b) state the amount of the penalty;

(c) give the CAA's reasons for imposing the penalty;

(d) specify a reasonable period within which the penalty must be paid or reasonable periods within which different portions of the penalty must be paid.

(3) In the case of a penalty under paragraph 2 calculated entirely or partly by reference to a daily amount, the notice must specify—

(a) the day on which the daily amounts begin to accumulate;

(b) the day on which, or circumstances in which, they cease to accumulate.

(4) The persons are—

(a) any owners or operators of aircraft, or any bodies representing them, that the CAA considers appropriate;

(b) any owners or managers of aerodromes, or any bodies representing them, that the CAA considers appropriate;

(c) the Secretary of State.

(5) As soon as practicable after daily amounts cease to accumulate, the CAA must—

(a) give a notice to the person on whom the penalty was imposed confirming the day on which they ceased to accumulate;

(b) send a copy of the notice to the persons listed in sub-paragraph (4).

PART 3 U.K. Appeals against penalties: information

Appeals against penalties U.K.

7 (1) A person may appeal to the Competition Appeal Tribunal against a penalty imposed on the person under paragraph 2, 3 or 4. U.K.

(2) The appeal may be against one or more of the following—

(a) a decision to impose a penalty;

(b) a decision as to the amount of the penalty;

(c) in the case of a penalty calculated entirely or partly by reference to a daily amount, a decision as to the period during which daily amounts accumulate;

(d) a decision as to the period allowed for payment of the penalty.

(3) Where a person appeals under this paragraph against a penalty, the CAA may not require the person to pay the penalty until the appeal is decided or withdrawn.

(4) In any appeal where the commission of an offence under section 101 is an issue requiring determination, the CAA must prove that offence according to the same burden and standard of proof as in a criminal prosecution.

Decisions on appeal U.K.

8 (1) The Competition Appeal Tribunal may allow an appeal under paragraph 7 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds— U.K.

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(c) that an error was made in the exercise of a discretion.

(2) It may—

(a) confirm or set aside the penalty;

(b) give the CAA any directions that it considers appropriate, including directions about the time within which the CAA must act.

(3) It may not direct the CAA to do anything that the CAA would not have the power to do apart from the direction.

(4) When deciding an appeal under paragraph 7 (including giving directions), the Competition Appeal Tribunal must have regard to the matters in respect of which duties are imposed on the CAA by section 2.

Further appeals U.K.

9 (1) An appeal lies to the appropriate court on a point of law arising from a decision of the Competition Appeal Tribunal under paragraph 8, including a direction. U.K.

(2) An appeal under this paragraph may be brought by a party to the proceedings before the Competition Appeal Tribunal.

(3) An appeal may not be brought under this paragraph without the permission of—

(a) the Competition Appeal Tribunal, or

(b) the appropriate court.

(4) “The appropriate court”—

(a) in the case of an appeal from proceedings in England and Wales or Northern Ireland, means the Court of Appeal;

(b) in the case of an appeal from proceedings in Scotland, means the Court of Session.]

Section 30.

SCHEDULE 1 U.K. Air traffic administration orders: general

Commencement Information

I1 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Part I U.K. Modifications of 1986 Act

Commencement Information

I2 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Introduction U.K.

1 U.K. This Part of this Schedule applies if an air traffic administration order is made.

Commencement Information

I3 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

General application of provisions of 1986 Act U.K.

2 U.K. Sections 11 to 23 and 27 of the 1986 Act (which relate to administration orders under Part II of that Act) apply with the modifications specified in this Part of this Schedule.

Commencement Information

I4 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

General modifications U.K.

3 U.K. In those sections as applied by this Part of this Schedule—

(a) references to an administration order are to an air traffic administration order, and

(b) references to an administrator are to an air traffic administrator.

Commencement Information

I5 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Effect of order U.K.

4 U.K. In section 11 of the 1986 Act (effect of order) as applied by this Part of this Schedule—

(a) the requirement in subsection (1)(a) that any petition for the winding up of the company shall be dismissed does not prejudice the air traffic administration order if it is made by virtue of section 27 above,

(b) the reference in subsection (3)(d) to proceedings includes a reference to any proceedings under or for the purposes of section 20 above, and

(c) subsection (3)(d) has effect as if after “its property” there were inserted “ , and no right of re-entry or forfeiture may be enforced against the company in respect of any land, ”.

Commencement Information

I6 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Appointment of air traffic administrator U.K.

5 U.K. In section 13 of the 1986 Act (appointment of administrator) as applied by this Part of this Schedule for subsection (3) substitute—

“(3) An application for an order under subsection (2) may be made—

(a) by the Secretary of State,

(b) by the CAA with the Secretary of State’s consent,

(c) by any continuing air traffic administrator of the company, or

(d) where there is no such air traffic administrator, by the company, the directors or any creditor or creditors of the company.”

Commencement Information

I7 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

General powers of air traffic administrator U.K.

6 (1) Section 14 of the 1986 Act (general powers of administrator) as applied by this Part of this Schedule has effect as follows. U.K.

(2) In subsection (1)(b) the reference to the powers specified in Schedule 1 to the 1986 Act includes a reference to a power to act on behalf of the company—

(a) for the purposes of this Part, or

(b) for the purposes of the exercise or performance of any power or duty which is conferred or imposed on the company by virtue of its holding a licence.

(3) In subsection (4) the reference to a power conferred by the company’s [F4 articles of association] includes a reference to a power conferred by virtue of the company’s holding a licence.

Textual Amendments

F4 Words in Sch. 1 para. 6(3) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 184(7)(a) (with art. 10)

Commencement Information

I8 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Power to deal with charged property U.K.

7 (1) Section 15 of the 1986 Act (power to deal with charged property) as applied by this Part of this Schedule has effect as follows. U.K.

(2) In subsection (2) for “the purpose or one or more of the purposes specified in the administration order” substitute “ one or both of the purposes of the administration order ”.

(3) In subsection (5)(b) for “in the open market by a willing vendor” substitute “ for the best price which is reasonably available on a sale which is consistent with the purposes of the air traffic administration order ”.

Commencement Information

I9 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Duties of air traffic administrator U.K.

8 (1) Section 17 of the 1986 Act (duties of administrator) as applied by this Part of this Schedule has effect as follows. U.K.

(2) For subsection (2) substitute—

“(2) Subject to any directions of the court, it shall be the duty of the air traffic administrator to manage the affairs, business and property of the company in accordance with proposals under section 23 as they are revised from time to time.”

(3) In subsection (3) omit paragraph (a).

Commencement Information

I10 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Discharge of order U.K.

9 (1) Section 18 of the 1986 Act (discharge and variation of administration order) as applied by this Part of this Schedule has effect as follows. U.K.

(2) For subsections (1) and (2) substitute—

“(1) An application for an air traffic administration order to be discharged may be made—

(a) by the air traffic administrator, on the ground that the purposes of the order have been achieved; or

(b) by the Secretary of State or (with his consent) by the CAA, on the ground that it is no longer necessary that those purposes are achieved.”

(3) In subsection (3) omit the words “or vary”.

(4) In subsection (4)—

(a) omit the words “or varied” and “or variation”, and

(b) after “to the registrar of companies” insert “ , to the CAA and to the Secretary of State ”.

Commencement Information

I11 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Notice of making of order U.K.

10 U.K. In section 21(2) of the 1986 Act (notice of order to be given by administrator) as applied by this Part of this Schedule after “to the registrar of companies” insert “ , to the CAA, to the Secretary of State ”.

Commencement Information

I12 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Statement of proposals U.K.

11 U.K. In section 23 of the 1986 Act (statement of proposals) as applied by this Part of this Schedule for subsections (1) and (2) substitute—

“(1) Where an air traffic administration order has been made, the air traffic administrator shall, within 3 months (or such longer period as the court may allow) after the making of the order, send a statement of his proposals for achieving the purposes of the order—

(a) to the Secretary of State,

(b) to the CAA,

(c) to all creditors of the company (so far as he is aware of their addresses), and

(d) to the registrar of companies.

(2) The air traffic administrator may from time to time revise those proposals.

(2A) If the air traffic administrator proposes to make revisions which appear to him to be substantial, he shall before making them send a statement of the proposed revisions—

(a) to the Secretary of State,

(b) to the CAA,

(c) to all creditors of the company (so far as he is aware of their addresses), and

(d) to the registrar of companies.

(2B) The air traffic administrator shall give a copy of any statement under subsection (1) or (2A) to all members of the company before the end of the period described in subsection (1) or, as the case may be, before making the revisions.

(2C) The requirement in subsection (2B) is satisfied if the administrator—

(a) sends a copy of the statement to all members of the company (so far as he is aware of their addresses), or

(b) publishes in the prescribed manner a notice stating an address to which members should write for copies of the statement to be sent to them free of charge.”

Commencement Information

I13 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Applications to court U.K.

12 (1) Section 27 of the 1986 Act (protection of interests of creditors and members) as applied by this Part of this Schedule has effect as follows. U.K.

(2) After subsection (1) insert—

“(1A) If a creditor or member of the company makes an application under subsection (1), the court shall give notice of the application to the Secretary of State, who shall be entitled to be heard by the court in connection with the application.

(1B) At any time when an air traffic administration order is in force the Secretary of State or (with his consent) the CAA may apply to the court by petition for an order under this section on one or both of the following grounds.

(1C) The first ground is that the air traffic administrator has exercised or is exercising or proposing to exercise his powers in relation to the company in a manner which will not best ensure the achievement of the purposes of the order.

(1D) The second ground is that he has exercised or is exercising or proposing to exercise his powers in relation to the company in a manner which involves a contravention of—

(a) a condition of the licence granted under Chapter I of Part I of the Transport Act 2000, or

(b) a duty imposed by section 8(1) of that Act, or

(c) any other requirement imposed on the company by virtue of its holding the licence.”

(3) Omit subsection (3).

(4) In subsection (4) omit the words “Subject as above”.

(5) After that subsection insert—

“(4A) Provision may be made by virtue of subsection (4)(d) that the air traffic administration order is to be discharged from such date as may be specified in the order unless, before that date, such measures are taken as the court thinks fit for the purpose of protecting the interests of creditors.”

(6) For subsection (6) substitute—

“(6) Where an air traffic administration order is discharged, the air traffic administrator shall within 14 days after the date on which the discharge takes effect send [F5 a copy] of the order under this section—

(a) to the Secretary of State,

(b) to the CAA, and

(c) to the registrar of companies;

and if, without reasonable excuse, the air traffic administrator fails to comply with this subsection, he is liable to a fine and, for continued contravention, to a daily default fine.”

Textual Amendments

F5 Words in Sch. 1 para. 12(6) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 184(7)(b) (with art. 10)

Commencement Information

I14 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Part II U.K. Other provisions

Commencement Information

I15 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

General adaptations U.K.

13 (1) References in the 1986 Act (except in sections 8 to 10 and 24 to 26), or in any other enactment passed before the day on which this Act is passed, to an administration order under Part II of that Act, to an application for such an order and to an administrator include references (respectively) to an air traffic administration order, to an application for an air traffic administration order and to an air traffic administrator. U.K.

(2) References in the 1986 Act, or in any other enactment passed before the day on which this Act is passed, to an enactment contained in Part II of that Act include references to that enactment as applied by section 30 above or Part I of this Schedule.

(3) But—

(a) sub-paragraph (1) applies in relation to a reference in an enactment contained in Part II of the 1986 Act only so far as necessary for the purposes of the operation of the provisions of that Part as so applied;

(b) sub-paragraphs (1) and (2) apply subject to Part I of this Schedule.

Commencement Information

I16 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Saving U.K.

14 U.K. The provisions of this Schedule are without prejudice to the power conferred by section 411 of the 1986 Act (company insolvency rules) as modified by paragraph 13(1) and (2).

Commencement Information

I17 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Interpretation U.K.

15 (1) In this Schedule “the 1986 Act” means the Insolvency Act 1986. U.K.

(2) For the purposes of this Schedule and any modification of the 1986 Act made by this Schedule—

(a) an air traffic administration order is an order made under section 27 or 28 above;

(b) an air traffic administrator is a person appointed by the court to achieve the purposes of an air traffic administration order;

(c) the CAA is the Civil Aviation Authority.

Commencement Information

I18 Sch. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Section 30.

SCHEDULE 2 U.K. Air traffic administration orders: schemes

Commencement Information

I19 Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Application of Schedule U.K.

1 U.K. This Schedule applies if—

(a) the court has made an air traffic administration order in relation to a licence company (the existing licence company), and

(b) it is proposed that on and after the appointed day another company (the new licence company) should carry out licensed activities in respect of all or part of a licensed area.

Commencement Information

I20 Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Interpretation U.K.

2 U.K. For the purposes of this Schedule—

(a) an air traffic administration order is an order made under section 27 or 28;

(b) an air traffic administrator is a person appointed by the court to achieve the purposes of an air traffic administration order;

(c) the court is the court which (but for section 27) would have jurisdiction to wind up the existing licence company;

(d) references to the existing licence company and the new licence company must be construed in accordance with paragraph 1;

(e) references to a licence company are to be construed in accordance with section 26;

(f) other licence companies are licence companies, other than the existing licence company and the new licence company;

(g) licensed activities are activities which the licence concerned authorises the existing licence company to carry out;

(h) a licensed area is an area in respect of which the licence concerned authorises the existing licence company to provide air traffic services;

(i) the appointed day is a day which falls before the discharge of the air traffic administration order takes effect and which is appointed by the court for the purposes of this Schedule.

Commencement Information

I21 Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Making and modification of schemes U.K.

3 (1) The existing licence company, acting with the consent of the new licence company and, in relation to the matters affecting them, of any other licence companies, may make a scheme designed to secure that the new licence company carries out licensed activities in respect of all or part of the licensed area. U.K.

(2) No scheme takes effect unless it is approved by the Secretary of State after consulting the CAA.

(3) If a scheme is submitted to the Secretary of State for approval he may modify the scheme before approving it.

(4) But no modification may be made unless the following consent—

(a) the new licence company,

(b) the existing licence company, and

(c) in relation to the matters affecting them, any other licence companies.

(5) A scheme comes into force on the appointed day.

(6) At any time after a scheme has come into force, if he thinks it appropriate the Secretary of State may by order provide that the scheme is to be taken for all purposes to have come into force with the modifications specified in the order.

(7) But the Secretary of State may not make an order under sub-paragraph (6) unless the following consent—

(a) the existing licence company,

(b) the new licence company, and

(c) in relation to the provisions of the order which affect them, any other licence companies.

(8) An order under sub-paragraph (6)—

(a) may make, with effect from the coming into force of the scheme to which it relates, any such provision as could have been made by the scheme, and

(b) in connection with giving effect to that provision from that time, may make such supplementary, consequential and transitional provision as the Secretary of State thinks appropriate.

Commencement Information

I22 Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Effect on licence U.K.

4 (1) A scheme may provide for a licence held by the existing licence company to have effect, with such modifications as the scheme may specify, as if the licence had been granted to the new licence company. U.K.

(2) If different schemes are made in relation to different parts of the licensed area—

(a) each scheme has effect as if there were a separate licence in respect of each part, and

(b) each licence has effect as if it had been granted to the company which is the new licence company under the scheme concerned.

Commencement Information

I23 Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Property, rights and liabilities U.K.

5 U.K. A scheme may provide for the transfer of property, rights and liabilities from the existing licence company to the new licence company.

Commencement Information

I24 Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

6 (1) In determining whether and in what manner to exercise the powers under paragraph 3 to approve and modify a scheme, the Secretary of State must have regard to the need to ensure that a scheme allocates property, rights and liabilities to the new licence company in such manner as appears to the Secretary of State to be appropriate. U.K.

(2) In deciding what is appropriate the Secretary of State must take into account the licensed activities which will be carried out on or after the appointed day by any of—

(a) the new licence company,

(b) the existing licence company, and

(c) any other licence companies.

Commencement Information

I25 Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

7 (1) When a scheme comes into force, it has effect without more so as to transfer to the new licence company the property, rights and liabilities to which the scheme relates. U.K.

(2) A scheme may divide the property, rights or liabilities of the existing licence company and in connection with that division may—

(a) create for the existing licence company, the new licence company or any other licence companies an interest in or right over any property to which the scheme relates;

(b) create new rights and liabilities as between any two or more of those companies with respect to the subject-matter of the scheme;

(c) in connection with any provision made by virtue of paragraph (a) or (b), make incidental provision as to the interests, rights and liabilities of other persons with respect to the subject-matter of the scheme.

(3) A scheme may impose duties on the existing licence company, the new licence company and any other licence company to take all such steps as may be necessary to secure that—

(a) any interest, right or liability created by virtue of paragraph (a) or (b) of sub-paragraph (2), and

(b) any incidental provision made by virtue of paragraph (c) of that sub-paragraph,

has effect.

(4) A scheme may require the new licence company and any other licence companies to provide consideration in respect of the transfer or creation of property, rights and liabilities by means of the scheme.

(5) A requirement imposed under sub-paragraph (4) is enforceable in the same way as if the property, rights and liabilities had been created or transferred, and (if the case so requires) had been capable of being created or transferred, by agreement between the parties.

(6) The property, rights and liabilities of the existing licence company which may be transferred in accordance with a scheme include—

(a) property, rights and liabilities which the existing licence company would not otherwise be capable of transferring or assigning;

(b) property, rights and liabilities to which the existing licence company may become entitled or subject after the making of the scheme and before the appointed day;

(c) property situated anywhere in the United Kingdom or elsewhere;

(d) rights and liabilities under enactments;

(e) rights and liabilities under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.

(7) If a scheme makes a person entitled to possession of a document, the provision that may be made by virtue of sub-paragraph (2)(b) includes—

(a) provision for treating that person as having given another person an acknowledgement in writing of the right of that other person to the production of the document and to delivery of copies of it,

(b) provision applying section 64 of the M1 Law of Property Act 1925 (production and safe custody of documents) to that acknowledgement,

(c) provision that, where a scheme transfers any interest in land or other property situated in Scotland, subsections (1) and (2) of section 16 of the M2 Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) are to have effect in relation to the transfer as if the transfer had been effected by deed and as if from each of those subsections the words “unless specially qualified” had been omitted, and

(d) provision applying section 9 of the M3 Conveyancing Act 1881 (which is the equivalent in Northern Ireland to section 64 of the M4 Law of Property Act 1925) to that acknowledgement.

(8) Sub-paragraph (9) applies if a transfer authorised by sub-paragraph (6)(a) would (were it not so authorised)—

(a) give rise to a contravention or liability by reason of a provision relating to the terms on which the existing licence company is entitled or subject to the property, right or liability transferred, or

(b) give rise to an interference with any interest or right by reason of such a provision.

(9) In such a case the transfer does not give rise to such a contravention, liability or interference.

(10) The provision referred to in sub-paragraph (8) may arise under an enactment or agreement or otherwise.

Commencement Information

I26 Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M1 1925 c. 20.

M2 1979 c. 33.

M3 1881 c. 41.

M4 1925 c. 20.

8 (1) A scheme may impose duties on the existing licence company and on the new licence company to take all such steps as may be necessary to secure that the vesting in the new licence company, by virtue of the scheme, of any foreign property, right or liability is effective under the relevant foreign law. U.K.

(2) A scheme may require the existing licence company to comply with any directions given by the new licence company in performing any duty imposed on the existing licence company by virtue of a provision included in the scheme under sub-paragraph (1).

(3) A scheme may provide that, until the vesting of any foreign property, right or liability of the existing licence company in the new licence company is effective under the relevant foreign law, it is the duty of the existing licence company—

(a) to hold that property or right for the benefit of the new licence company, or

(b) to discharge that liability on behalf of the new licence company.

(4) A scheme may provide that in specified cases foreign property, rights or liabilities acquired or incurred by an existing licence company after the scheme comes into force are immediately to become property, rights or liabilities of the new licence company; and in relation to such property, rights or liabilities the scheme may make provision equivalent to that in sub-paragraphs (1) to (3).

(5) Nothing in any provision included in a scheme by virtue of this paragraph affects the law of any part of the United Kingdom as it applies to the vesting of any foreign property, right or liability in the new licence company by virtue of the scheme.

(6) References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have to be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(7) Any expenses incurred by an existing licence company in consequence of any provision included in a scheme by virtue of this paragraph must be met by the new licence company.

(8) Duties imposed on an existing licence company or a new licence company by virtue of this paragraph are enforceable in the same way as if they were imposed by a contract between the existing licence company and the new licence company.

Commencement Information

I27 Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Supplementary provisions of schemes U.K.

9 (1) A scheme may contain supplementary, consequential and transitional provision for the purposes of, or in connection with, any provision of the scheme. U.K.

(2) In particular a scheme may provide—

(a) that for purposes connected with any transfers made in accordance with the scheme (including the transfer of rights and liabilities under an enactment) the new licence company is to be treated as the same person in law as the existing licence company;

(b) that (so far as may be necessary for the purposes of or in connection with any such transfers) agreements made, transactions effected and other things done by or in relation to the existing licence company are to be treated as made, effected or done by or in relation to the new licence company;

(c) that (so far as may be necessary for the purposes of or in connection with any such transfers) references in any agreement (whether or not in writing) or in any document to, or to any officer of, the existing licence company are to have effect with such modifications as the scheme may specify;

(d) that proceedings commenced by or against the existing licence company are to be continued by or against the new licence company;

(e) that contracts of employment with the existing licence company are not to terminate and that periods of employment with the existing licence company are to count for all purposes as periods of employment with the new licence company;

(f) that disputes about the effect of the scheme between the existing licence company and the new licence company, between either of them and any other licence company or between different companies which are other licence companies are to be referred to such arbitration as may be specified in or determined under the scheme;

(g) that determinations on such arbitrations are conclusive for all purposes;

(h) that certificates given jointly by two or more of the licence companies mentioned in paragraph (f) as to the effect of the scheme as between the licence companies giving the certificates are conclusive for all purposes.

Commencement Information

I28 Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Assistance U.K.

10 (1) The new licence company, the existing licence company and any other licence companies which are likely to be affected by a scheme must provide the Secretary of State with all such information and other assistance as the Secretary of State may reasonably require for the purposes of, or in connection with, the exercise of any power conferred by paragraph 3. U.K.

(2) If a company without reasonable excuse fails to do anything required of it by sub-paragraph (1) it is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Commencement Information

I29 Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Effect of air traffic administration order U.K.

11 U.K. While an air traffic administration order is in force in relation to an existing licence company anything which the company is permitted or required to do—

(a) by paragraph 3 or 10, or

(b) in consequence of any provision of a scheme,

is effective only if it is done on the company’s behalf by its air traffic administrator.

Commencement Information

I30 Sch. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Section 33.

SCHEDULE 3 U.K. Air traffic administration orders: Northern Ireland

Commencement Information

I31 Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

1 U.K. In their application to a licence company formed and registered [F6 under the Companies Act 2006 in Northern Ireland], sections 26 to 32 and Schedules 1 and 2 have effect with the modifications made by this Schedule.

Textual Amendments

F6 Words in Sch. 3 para. 1 substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 184(8)(a) (with art. 10)

Commencement Information

I32 Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

2 (1) Section 26 is modified as follows. U.K.

(2) In subsection (2) for “Part II of the 1986 Act” substitute “ Part III of the 1989 Order ”.

(3) In subsection (5) for “Parts I to VII of the 1986 Act” substitute “ Parts II to VII of the 1989 Order ”.

(4) In subsection (6)—

(a) for “the 1986 Act” substitute “ the 1989 Order ”, and

(b) for “the M5 Insolvency Act 1986” substitute “ the M6 Insolvency (Northern Ireland) Order 1989 ”.

Commencement Information

I33 Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M5 1986 c. 45.

M6 S.I. 1989/2405 (N.I. 19).

3 (1) Section 28 is modified as follows. U.K.

(2) In subsection (3) for paragraph (a) substitute—

“(a) the Secretary of State certifies that but for section 27 it would in his opinion be appropriate for the Department of Enterprise, Trade and Investment to petition for the company’s winding up under Article 104A of the 1989 Order (petition following inspectors’ report etc), and”.

(3) In subsection (3)(b) for “section 124A” substitute “ Article 104A ”.

(4) In subsection (6) for “section 123 of the 1986 Act” substitute “ Article 103 of the 1989 Order ”.

Commencement Information

I34 Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

4 U.K. In section 29(5) for “the 1986 Act” substitute “ the 1989 Order ”.

Commencement Information

I35 Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

5 (1) Section 30 is modified as follows. U.K.

(2) In subsection (2) for “Section 9(4) and (5) of the 1986 Act” substitute “ Article 22(4) and (5) of the 1989 Order ”.

(3) In subsection (3)—

(a) for “Section 10(1), (2), (4) and (5) of the 1986 Act” substitute “ Article 23(1), (2) and (4) of the 1989 Order ”;

(b) in paragraphs (a), (b), (c) and (d) for “subsection” substitute “ paragraph ”.

(4) In subsection (5)—

(a) for “section 411 of the 1986 Act” substitute “ Article 359 of the 1989 Order ”, and

(b) for “Parts I to VII of that Act” substitute “ Parts II to VII of that Order ”.

Commencement Information

I36 Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

6 U.K. For Schedule 1 substitute—

“SCHEDULE 1 U.K. Air traffic administration orders: general

Part I U.K. Modifications of 1989 Order

Introduction U.K.

1 This Part of this Schedule applies if an air traffic administration order is made in Northern Ireland.

General application of provisions of 1989 Order U.K.

2 Articles 24 to 35 and 39 of the 1989 Order (which relate to administration orders under Part III of that Order) apply with the modifications specified in this Part of this Schedule.

General modifications U.K.

3 In those Articles as applied by this Part of this Schedule—

(a) references to an administration order are to an air traffic administration order, and

(b) references to an administrator are to an air traffic administrator.

Effect of order U.K.

4 In Article 24 of the 1989 Order (effect of order) as applied by this Part of this Schedule—

(a) the requirement in paragraph (1)(a) that any petition for the winding up of the company shall be dismissed does not prejudice the air traffic administration order if it is made by virtue of section 27 above,

(b) the reference in paragraph (3)(d) to proceedings includes a reference to any proceedings under or for the purposes of section 20 above, and

(c) paragraph (3)(d) has effect as if after “its property” there were inserted “, and no right of re-entry or forfeiture may be enforced against the company in respect of any land,”.

Appointment of air traffic administrator U.K.

5 In Article 26 of the 1989 Order (appointment of administrator) as applied by this Part of this Schedule for paragraph (3) substitute—

“(3) An application for an order under paragraph (2) may be made—

(a) by the Secretary of State,

(b) by the CAA with the Secretary of State’s consent,

(c) by any continuing air traffic administrator of the company, or

(d) where there is no such air traffic administrator, by the company, the directors or any creditor or creditors of the company. ”

General powers of air traffic administrator U.K.

6 (1) Article 27 of the 1989 Order (general powers of administrator) as applied by this Part of this Schedule has effect as follows.

(2) In paragraph (1)(b) the reference to the powers specified in Schedule 1 to the 1989 Order includes a reference to a power to act on behalf of the company—

(a) for the purposes of this Part, or

(b) for the purposes of the exercise or performance of any power or duty which is conferred or imposed on the company by virtue of its holding a licence.

(3) In paragraph (4) the reference to a power conferred by the company’s [F7 articles of association] includes a reference to a power conferred by virtue of the company’s holding a licence.

Power to deal with charged property U.K.

7 (1) Article 28 of the 1989 Order (power to deal with charged property) as applied by this Part of this Schedule has effect as follows.

(2) In paragraph (2) for “the purpose or one or more of the purposes specified in the administration order” substitute “one or both of the purposes of the administration order”.

(3) In paragraph (5)(b) for “in the open market by a willing vendor” substitute “for the best price which is reasonably available on a sale which is consistent with the purposes of the air traffic administration order”.

Duties of air traffic administrator U.K.

8 (1) Article 29 of the 1989 Order (duties of administrator) as applied by this Part of this Schedule has effect as follows.

(2) For paragraph (2) substitute—

“(2) Subject to any directions of the High Court, it shall be the duty of the air traffic administrator to manage the affairs, business and property of the company in accordance with proposals under Article 35 as they are revised from time to time. ”

(3) In paragraph (3) omit sub-paragraph (a).

Discharge of order U.K.

9 (1) Article 30 of the 1989 Order (discharge and variation of administration order) as applied by this Part of this Schedule has effect as follows.

(2) For paragraphs (1) and (2) substitute—

“(1) An application for an air traffic administration order to be discharged may be made—

(a) by the air traffic administrator, on the ground that the purposes of the order have been achieved; or

(b) by the Secretary of State or (with his consent) by the CAA, on the ground that it is no longer necessary that those purposes are achieved. ”

(3) In paragraph (3) omit the words “or vary”.

(4) In paragraph (4)—

(a) omit the words “or varied” and “or variation”, and

(b) after “to the registrar” insert “, to the CAA and to the Secretary of State”.

Notice of making of order U.K.

10 In Article 33(2) of the 1989 Order (notice of order to be given by administrator) as applied by this Part of this Schedule after “to the registrar” insert “,to the CAA,to the Secretary of State”.

Statement of proposals U.K.

11 In Article 35 of the 1989 Order (statement of proposals) as applied by this Part of this Schedule for paragraphs (1) and (2) substitute—

“(1) Where an air traffic administration order has been made, the air traffic administrator shall, within 3 months (or such longer period as the High Court may allow) after the making of the order, send a statement of his proposals for achieving the purposes of the order—

(a) to the Secretary of State,

(b) to the CAA,

(c) to all creditors of the company (so far as he is aware of their addresses), and

(d) to the registrar.

(2) The air traffic administrator may from time to time revise those proposals.

(2A) If the air traffic administrator proposes to make revisions which appear to him to be substantial, he shall before making them send a statement of the proposed revisions—

(a) to the Secretary of State,

(b) to the CAA,

(c) to all creditors of the company (so far as he is aware of their addresses), and

(d) to the registrar.

(2B) The air traffic administrator shall give a copy of any statement under paragraph (1) or (2A) to all members of the company before the end of the period described in paragraph (1) or, as the case may be, before making the revisions.

(2C) The requirement in paragraph (2B) is satisfied if the administrator—

(a) sends a copy of the statement to all members of the company (so far as he is aware of their addresses), or

(b) publishes in the prescribed manner a notice stating an address to which members should write for copies of the statement to be sent to them free of charge. ”

Applications to court U.K.

12 (1) Article 39 of the 1989 Order (protection of interests of creditors and members) as applied by this Part of this Schedule has effect as follows.

(2) After paragraph (1) insert—

“(1A) If a creditor or member of the company makes an application under paragraph (1), the court shall give notice of the application to the Secretary of State, who shall be entitled to be heard by the court in connection with the application.

(1B) At any time when an air traffic administration order is in force the Secretary of State or (with his consent) the CAA may apply to the court by petition for an order under this Article on one or both of the following grounds.

(1C) The first ground is that the air traffic administrator has exercised or is exercising or proposing to exercise his powers in relation to the company in a manner which will not best ensure the achievement of the purposes of the order.

(1D) The second ground is that he has exercised or is exercising or proposing to exercise his powers in relation to the company in a manner which involves a contravention of—

(a) a condition of the licence granted under Chapter I of Part I of the Transport Act 2000, or

(b) a duty imposed by section 8(1) of that Act, or

(c) any other requirement imposed on the company by virtue of its holding the licence. ”

(3) Omit paragraph (3).

(4) In paragraph (4) omit the words “Subject to paragraph (3),”.

(5) After that paragraph insert—

“(4A) Provision may be made by virtue of paragraph (4)(d) that the air traffic administration order is to be discharged from such date as may be specified in the order unless, before that date, such measures are taken as the court thinks fit for the purpose of protecting the interests of creditors. ”

(6) For paragraph (6) substitute—

“(6) Where an air traffic administration order is discharged, the air traffic administrator shall within 14 days after the date on which the discharge takes effect send [F8 a copy] of the order under this Article—

(a) to the Secretary of State,

(b) to the CAA, and

(c) to the registrar;

and if, without reasonable excuse, the air traffic administrator contravenes this paragraph, he shall be guilty of an offence and, for continued contravention, he shall be guilty of a continuing offence. ”

Part II U.K. Other provisions

General adaptations U.K.

13 (1) References in the 1989 Order (except in Articles 21 to 23 and 36 to 38), or in any other enactment passed before the day on which this Act is passed, to an administration order under Part III of that Order, to an application for such an order and to an administrator include references (respectively) to an air traffic administration order, to an application for an air traffic administration order and to an air traffic administrator.

(2) References in the 1989 Order, or in any other enactment passed before the day on which this Act is passed, to an enactment contained in Part III of that Order include references to that enactment as applied by section 30 above or Part I of this Schedule.

(3) But—

(a) sub-paragraph (1) applies in relation to a reference in an enactment contained in Part III of the 1989 Order only so far as necessary for the purposes of the operation of the provisions of that Part as so applied;

(b) sub-paragraphs (1) and (2) apply subject to Part I of this Schedule.

Saving U.K.

14 The provisions of this Schedule are without prejudice to the power conferred by Article 359 of the 1989 Order (insolvency rules) as modified by paragraph 13(1) and (2).

Interpretation U.K.

15 (1) In this Schedule “the 1989 Order” means the M7 Insolvency (Northern Ireland) Order 1989.

(2) For the purposes of this Schedule and any modification of the 1989 Order made by this Schedule—

(a) an air traffic administration order is an order made under section 27 or 28 above;

(b) an air traffic administrator is a person appointed by the court to achieve the purposes of an air traffic administration order;

(c) the CAA is the Civil Aviation Authority.”

Textual Amendments

F7 Words in Sch. 3 para. 6 substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 184(8)(b) (with art. 10)

F8 Words in Sch. 3 para. 6 substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 184(8)(c) (with art. 10)

Commencement Information

I37 Sch. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M7 S.I. 1989/2405 (N.I. 19).

Section 36.

SCHEDULE 4 U.K. Licence holders: land

1 U.K. The M8 Civil Aviation Act 1982 shall be amended as follows.

Marginal Citations

M8 1982 c. 16.

2 U.K. After section 42 (acquisition of land by CAA) insert the following—

“42A Acquisition of land: air traffic services licence holders.

(1) A licence holder may be authorised by the Secretary of State to acquire land in Great Britain compulsorily for any purpose connected with the carrying out of the activities authorised by the licence.

(2) Where a licence holder proposes to acquire, otherwise than by agreement, any land in Northern Ireland—

(a) which is required by the licence holder for any purpose connected with the carrying out of the activities authorised by the licence, or

(b) as to which it can reasonably be foreseen that it will be so required,

the licence holder may apply to the Secretary of State for an order vesting the land in it, and the Secretary of State shall have power to make such an order.

(3) The Secretary of State shall not grant an authorisation under subsection (1) or an order under subsection (2) to a licence holder in respect of land which is owned by another licence holder who—

(a) is using it, or

(b) will, in the opinion of the Secretary of State, use it at some time in the period of five years beginning with the date on which he receives the request for the authorisation or order.

(4) A reference in subsection (3) to use of land by a licence holder is a reference to use for a purpose connected with the carrying out of the activities authorised by the licence.

(5) The following provisions of section 42 shall apply for the purposes of this section in relation to a licence holder as they apply for the purposes of that section in relation to the CAA—

(a) in subsection (1), the words from “and the following enactments” to the end,

(b) subsection (3),

(c) subsection (5) (with the reference to acquisition for the purposes of the CAA’s undertaking being construed as a reference to acquisition in connection with the carrying out of the activities authorised by the licence), and

(d) subsection (6).”

3 U.K. In section 43(1) (rights over land to bind grantor’s successors) after paragraph (b) insert—

“or,

(c) for any purpose connected with the carrying out of the activities authorised by the licence, to a licence holder,”.

4 (1) Section 44 (power to obtain rights over land) shall be amended as follows. U.K.

(2) In subsection (6) after paragraph (b) insert—

“and

(c) if the relevant authority in whose favour the order was made is a licence holder, the licence holder,”.

(3) For subsection (7) substitute—

“(7) The ownership of anything shall not be affected by reason only that it is placed on or under, or affixed, to, any land in pursuance of any such order.

(7A) So long as any such order is in force, no person shall, except with the necessary consent, wilfully interfere—

(a) with any works carried out on any land in pursuance of the order, or

(b) with anything installed on, under, over or across any land in pursuance of the order.

(7B) The necessary consent is—

(a) if the relevant authority in whose favour the order is made is the Secretary of State or Eurocontrol, the consent of the Secretary of State,

(b) if that relevant authority is the CAA, the consent of the Secretary of State or the CAA, and

(c) if that relevant authority is a licence holder, the consent of the licence holder.”

(4) In subsection (12) the following shall be inserted after paragraph (c)—

“and

(d) a licence holder;”.

5 U.K. In section 46(10) (control over land: relevant authorities) after paragraph (d) insert—

“and

(e) a licence holder (within the meaning of section 105(1) below);”.

6 (1) Section 48 (Secretary of State’s powers in respect of highways, &c.) shall be amended as follows. U.K.

(2) In subsection (1) for “or the CAA” substitute (in each place) “ , the CAA or a licence holder ”.

(3) In subsection (9) after “the CAA” insert (in each place) “ or a licence holder ”.

7 U.K. In section 49 (acquisition of land for purpose related to highway) after subsection (3) insert—

“(3A) A licence holder’s power of acquiring land compulsorily under this Act may be exercised for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order made under section 48(1) above in relation to land which is vested in the licence holder or which the licence holder proposes to acquire or for any other purpose for which land is required in connection with such an order.”

8 (1) Section 50 (powers of entry) shall be amended as follows. U.K.

(2) In subsection (1)(a), (b) and (c) after “the CAA” insert “ or a licence holder ”.

(3) In subsection (1)(d) after “the CAA” insert “ , a licence holder (within the meaning of section 105(1) below) ”.

(4) In subsection (3)(a), (b) and (c) for “or the CAA” substitute “ , the CAA or a licence holder ”.

(5) In subsection (7) for paragraph (a) substitute—

“(a) in a case falling within subsection (1)(a) to (c) above in respect of the CAA, the CAA,

(aa) in a case falling within subsection (1)(a) to (c) above in respect of a licence holder, the licence holder,”.

9 U.K. In section 51(7)(a) (statutory undertakers) after “the CAA” insert “ or a licence holder ”.

10 (1) Section 52 (displacements from land) shall be amended as follows. U.K.

(2) After subsection (1)(c) (and before the word “or”) insert—

“(ca) a licence holder has acquired land for purposes connected with the carrying out of the activities authorised by the licence;”.

(3) In subsection (2)(a) for “or (c)” substitute “ , (c) or (ca) ”.

(4) In subsection (3)(a) after “(c)” insert “ , (ca) ”.

11 (1) Section 53 (planning decisions: compensation) shall be amended as follows. U.K.

(2) In subsection (1)—

(a) for “entitled to recover from the CAA” substitute “ entitled to recover from the relevant person ”,

(b) for paragraph (b)(iii) substitute—

“(iii) to secure the safe and efficient operation of apparatus which is in the possession of a licence holder and is provided for the purpose of the activities authorised by the licence.”

(3) In subsection (2) for “shall pay the CAA” substitute “ shall refund to the person who paid that sum ”.

(4) In subsection (3)—

(a) for “such a need as aforesaid in respect of an aerodrome or apparatus owned by the CAA,” substitute “ a need referred to in subsection (1)(b)(i) to (iii), ”,

(b) for “given to the CAA” substitute “ given to the relevant person ”, and

(c) for “require the CAA” substitute “ require the relevant person ”.

(5) In subsection (4) for “the CAA” substitute (in each place) “ the relevant person ”.

(6) In subsection (7) for paragraph (b) and the words following it substitute—

“(b) the decision would not have been taken but for the need to secure the safe and efficient operation of apparatus which is in the possession of a licence holder and is provided for the purpose of the activities authorised by the licence,

the Department shall be entitled to recover from the licence holder a sum equal to that compensation. ”

(7) In subsection (8) for “the CAA” substitute “ the licence holder ”.

(8) After subsection (9) insert—

“(10) The relevant person for the purposes of this section is—

(a) in a case to which subsection (1)(b)(i) or (ii) applies, the CAA, and

(b) in a case to which subsection (1)(b)(iii) applies, the licence holder.”

12 U.K. In section 54(2) (consecrated land and burial grounds) for “in relation to any land acquired by the CAA” substitute “in relation to any land—

(a) acquired by the CAA, or

(b) acquired by a licence holder for purposes connected with the carrying out of the activities authorised by the licence,”.

13 (1) Section 55 (registration of orders, &c.) shall be amended as follows. U.K.

(2) In subsection (5) after “the CAA” insert “ or a licence holder ”.

(3) In subsection (7)(a) after sub-paragraph (ii) (and after the word “and”) insert—

“(iii) if the order is made in favour of a licence holder, the licence holder; and”.

(4) In subsection (7)(c) after sub-paragraph (i) (and before the word “and”) insert—

“(ia) if the order is made in respect of a licence holder, the licence holder;”.

14 U.K. In section 105(1) (interpretation) after the definition of “the Lands Tribunal” insert—

““licence holder” means a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services);”.

15 U.K. In Schedule 6 (modifications of Schedule 6 to the M9 Local Government Act (Northern Ireland) 1972)—

(a) in paragraph 2 after “Civil Aviation Authority” insert “ or (as the case may be) the licence holder ”,

(b) in paragraph 4 after “Civil Aviation Authority” insert “ or a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (“a licence holder”) ”, and

(c) in paragraphs 5 and 6 after “Civil Aviation Authority” (in each place) insert “ or (as the case may be) the licence holder ”.

Marginal Citations

M9 1972 c. 9 (N.I.).

16 (1) Schedule 7 (certain orders under Part II: supplementary) shall be amended as follows. U.K.

(2) For the words “the CAA”—

(a) substitute “ the CAA or a licence holder ” in paragraph 1(1), in the first place where the words appear in paragraph 1(2), and in paragraph 12(2)(a), and

(b) substitute “ the CAA or the licence holder ” in the second place where the words appear in paragraph 1(2).

(3) After paragraph 5(2)(a) insert—

“(aa) the licence holder in the case of an order under section 44 of this Act made in favour of a licence holder;”.

(4) After paragraph 12(2)(b) insert—

“(c) from the licence holder in the case of an order made in favour of a licence holder.”

17 U.K. In Schedule 13 (subordinate instruments), in Part I after the entry for section 42(2) insert—

“Section 42A(2) (order vesting land in licence holder).”

Section 37.

SCHEDULE 5 U.K. Licence holders as statutory undertakers

Miscellaneous enactments U.K.

1 (1) For the purposes of the provisions mentioned in sub-paragraph (2)— U.K.

(a) a licence holder carrying out activities authorised by its licence is to be taken to be a statutory undertaker;

(b) its undertaking as licence holder is to be taken to be a statutory undertaking.

(2) The provisions are—

(a) the M10 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(b) section 4 of the M11 Requisitioned Land and War Works Act 1948;

(c) the National Parks and Access to the M12 Countryside Act 1949;

(d) the M13 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(e) the M14 Landlord and Tenant Act 1954;

(f) section 39(6)(b) of the M15 Opencast Coal Act 1958;

(g) section 11 of the M16 Land Compensation Act 1961;

F9 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) section 18 of the M17 Land Compensation (Scotland) Act 1963;

(j) Schedule 3 to the M18 Harbours Act 1964;

(k) Schedule 6 to the M19 Gas Act 1965;

(l) the M20 New Towns (Scotland) Act 1968;

(m) paragraph 6 of Schedule 2 to the M21 Countryside Act 1968;

(n) section 22 of the M22 Sewerage (Scotland) Act 1968;

(o) sections F10 ... 296 and 611 of the M23 Housing Act 1985.

Textual Amendments

F9 Sch. 5 para. 1(2)(h) repealed (S.) (24.12.2010) by Flood Risk Management (Scotland) Act 2009 (asp 6), s. 97(1), sch. 3 para. 12 (with s. 91); S.S.I. 2010/401, art. 3(h)

F10 Word in Sch. 5 para. 1(2)(o) repealed (6.4.2006 for E., 16.6.2006 for W.) by Housing Act 2004 (c. 34), s. 270(4)(5)(f), Sch. 16; S.I. 2006/1060, art. 2(1)(e) (with Sch.); S.I. 2006/1535, art. 2(c) (with Sch.)

Marginal Citations

M10 1947 c. 42.

M11 1948 c. 17.

M12 1949 c. 97.

M13 1951 c. 65.

M14 1954 c. 56.

M15 1958 c. 69.

M16 1961 c. 33.

M17 1963 c. 51.

M18 1964 c. 40.

M19 1965 c. 36.

M20 1968 c. 16.

M21 1968 c. 41.

M22 1968 c. 47.

M23 1985 c. 68.

Public health U.K.

2 (1) The provisions mentioned in sub-paragraph (2) apply in relation to— U.K.

(a) a licence holder carrying out activities authorised by its licence, and

(b) any property which is owned by the licence holder,

as they apply in relation to a railway company and its railway.

(2) The provisions are—

(a) section 330 of the M24 Public Health Act 1936 (power of certain undertakers in England and Wales to alter sewers);

(b) section 333 of that Act (protection of certain undertakings in England and Wales from works executed under that Act);

(c) section 107 of the M25 Public Health (Scotland) Act 1897 (protection of certain undertakings in Scotland from works connected with sewers).

Marginal Citations

M24 1936 c. 49.

M25 1897 c. 38.

Civil defence U.K.

F11 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 5 para. 3 repealed (14.11.2005) by Civil Contingencies Act 2004 (c. 36), s. 34(1), Sch. 3; S.I. 2005/2040, art. 3(r)

Pipe-lines U.K.

4 (1) For the purposes of the M26 Pipe-lines Act 1962— U.K.

(a) a licence holder carrying out activities authorised by its licence is to be taken to be a statutory undertaker;

(b) its undertaking as licence holder is to be taken to be a statutory undertaking.

(2) For the purposes of section 13 of the 1962 Act, in relation to a licence holder operational land is land—

(a) which is used by the licence holder, or by a company associated with it, for the purpose of carrying out activities authorised by the licence, or

(b) in which the licence holder, or a company associated with it, holds an interest for that purpose.

(3) If for the purposes of section 13 of the 1962 Act a question arises whether land is operational land in relation to a licence holder the question must be decided by the Secretary of State.

Marginal Citations

M26 1962 c. 58.

New towns U.K.

5 (1) Section 79 of the M27 New Towns Act 1981 (meaning of statutory undertakers and operational land) shall be amended as follows. U.K.

(2) In subsection (1) after “the Civil Aviation Authority,” insert “or

(ba) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services),”.

(3) After subsection (1) insert—

“(1A) For the purposes of this Act—

(a) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;

(b) the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.”

(4) In subsection (3) after paragraph (b) insert—

“(ba) in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, means any land which is used by the licence holder (or by a company associated with it) for the purpose of carrying out activities authorised by the licence or land in which the licence holder (or a company associated with it) holds an interest for that purpose.”

(5) After subsection (3) insert—

“(4) If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.”

Marginal Citations

M27 1981 c. 64.

Planning U.K.

6 (1) Section 262 of the M28 Town and Country Planning Act 1990 (meaning of statutory undertakers) shall be amended as follows. U.K.

(2) In subsection (3) for “and the Civil Aviation Authority” substitute “ , the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) ”.

(3) In subsection (5)(b) for “and the Civil Aviation Authority” substitute “ , the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) ”.

(4) After subsection (5) insert—

“(5A) For the purposes of this Act—

(a) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;

(b) the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.”

Marginal Citations

M28 1990 c. 8.

7 U.K. In section 263 of the M29 Town and Country Planning Act 1990 (meaning of operational land) after subsection (2) insert—

“(2A) Subsection (1) does not apply in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000.

(2B) Subject to section 264, in this Act “operational land” means, in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, land—

(a) which is used by the licence holder, or by a company associated with it, for the purpose of carrying out activities authorised by the licence, or

(b) in which the licence holder, or a company associated with it, holds an interest for that purpose.

(2C) If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.”

Marginal Citations

M29 1990 c. 8.

8 U.K. In section 91(3) of the M30 Planning (Listed Buildings and Conservation Areas) Act 1990 (meaning of statutory undertakers) in paragraph (b) after “the Civil Aviation Authority,” there shall be inserted “ a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence), ”.

Marginal Citations

M30 1990 c. 9.

9 U.K. In section 39(6) of the M31 Planning (Hazardous Substances) Act 1990 (persons deemed to be statutory undertakers) after “the Civil Aviation Authority” there shall be inserted “ , a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) ”.

Marginal Citations

M31 1990 c. 10.

10 (1) Section 214 of the M32 Town and Country Planning (Scotland) Act 1997 (meaning of statutory undertakers) shall be amended as follows. U.K.

(2) In subsection (3) for “and the Civil Aviation Authority” substitute “ , the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) ”.

(3) In subsection (5)(b) for “and the Civil Aviation Authority” substitute “ , the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) ”.

(4) After subsection (5) insert—

“(5A) For the purposes of this Act—

(a) a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaker unless the person is carrying out activities authorised by the licence;

(b) the person’s undertaking shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.”

Marginal Citations

M32 1997 c. 8.

11 U.K. In section 215 of the M33 Town and Country Planning (Scotland) Act 1997 (meaning of operational land) after subsection (2) insert—

“(2A) Subsection (1) does not apply in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000.

(2B) Subject to section 216, in this Act “operational land” means, in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, land—

(a) which is used by the licence holder, or by a company associated with it, for the purpose of carrying out activities authorised by the licence, or

(b) in which the licence holder, or a company associated with it, holds an interest for that purpose.

(2C) If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.”

Marginal Citations

M33 1997 c. 8.

12 U.K. In section 81(3) of the M34 Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (meaning of statutory undertakers) in paragraph (b) after “the Civil Aviation Authority,” there shall be inserted “ a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence), ”.

Marginal Citations

M34 1997 c. 9.

13 U.K. In section 38(5) of the M35 Planning (Hazardous Substances) (Scotland) Act 1997 (persons deemed to be statutory undertakers) after “the Civil Aviation Authority” there shall be inserted “ , a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) ”.

Marginal Citations

M35 1997 c. 10.

Water and drainage U.K.

14 U.K. In Schedule 13 to the M36 Water Industry Act 1991 (protection of undertakings) in paragraph 1(5) after paragraph (j) there shall be inserted—

“(k) the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person’s undertaking as licence holder.”

Marginal Citations

M36 1991 c. 56.

15 U.K. In Schedule 22 to the M37 Water Resources Act 1991 (protection of undertakings) in paragraph 1(4) after paragraph (j) there shall be inserted—

“(k) the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person’s undertaking as licence holder.”

Marginal Citations

M37 1991 c. 57.

16 U.K. In Schedule 6 to the M38 Land Drainage Act 1991 (protection of undertakings) in paragraph 1(1) after paragraph (j) there shall be inserted—

“(k) the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) to the extent that it is the person’s undertaking as licence holder.”

Marginal Citations

M38 1991 c. 59.

Development U.K.

F12 17 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 5 para. 17 repealed (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 16; S.I. 2008/3068, art. 5, Sch. (with arts. 6-13)

18 U.K. F13 ...

Textual Amendments

F13 Sch. 5 para. 18 repealed (1.7.2012 at 0.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 38(3), Sch. 6; S.I. 2012/1662, art. 2(2)(b)

Coal mining subsidence U.K.

19 U.K. In section 52(1) of the M39 Coal Mining Subsidence Act 1991 (interpretation) in paragraph (b) of the entry relating to statutory undertakers after “the Civil Aviation Authority” there shall be inserted “ , any person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) ”.

Marginal Citations

M39 1991 c. 45.

Section 63.

SCHEDULE 6 U.K. Transfer schemes

Allocation U.K.

1 (1) Paragraphs 2 and 3 apply if the following two conditions are satisfied. U.K.

(2) The first condition is that—

(a) provision is made by a transfer scheme for the transfer to a transferee of a specified part of a transferor’s undertaking, or

(b) provision is made by a transfer scheme (or transfer schemes) for the transfer to different transferees of different specified parts of a transferor’s undertaking.

(3) The second condition is that any property, right or liability falls partly in one part of the undertaking and partly in another or others; and the parts of the undertaking are—

(a) the part (or each part) transferred, and

(b) if a part is retained by the transferor, that part.

(4) In paragraphs 2 and 3 references to the parties are to—

(a) the transferee or transferees concerned, and

(b) the transferor (if he retains part of the undertaking).

(5) Paragraphs 2 and 3 do not apply to rights or liabilities under a contract of employment.

Commencement Information

I38 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

2 (1) If the nature of the property, right or liability permits, it must be apportioned in appropriate proportions between the parties; and each appropriate part must be taken to have been transferred to a transferee or retained by the transferor. U.K.

(2) If an estate or interest in land is to be apportioned under sub-paragraph (1)—

(a) any rent payable under a lease in respect of the estate or interest, and

(b) any rent charged on the estate or interest,

must be apportioned so that an appropriate part of the rent is payable in respect of (or charged on) the appropriate part of the estate or interest.

(3) Sub-paragraph (2) applies, with any necessary modifications, in relation to any feuduty payable in respect of an estate or interest in land in Scotland as it applies in relation to any rent charged on an estate or interest in land.

Commencement Information

I39 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

3 (1) If the nature of the property, right or liability does not permit it to be apportioned as mentioned in paragraph 2(1), it must be taken to have been transferred to a transferee or retained by the transferor in accordance with the tests in sub-paragraphs (2) and (3). U.K.

(2) In the case of an estate or interest in land the test is—

(a) which one of the parties has the greater (or greatest) need of the estate or interest for business purposes, or

(b) if it is not possible to say that one of them has the greater (or greatest) need, which one of them is likely to make more (or the most) use of the land.

(3) In the case of any other property or any right or liability, the test is which one of the parties is likely—

(a) to make more (or the most) use of the property, or

(b) to be more (or the most) affected by the right or liability.

(4) The tests in sub-paragraphs (2) and (3) must be applied at—

(a) the time when the transfer scheme comes into force (or schemes come into force), or

(b) if there are two or more schemes and they come into force at different times, the later or latest of the times.

(5) The preceding provisions of this paragraph apply subject to any arrangements made by the parties as to the protection of the interests of any of them.

Commencement Information

I40 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Identification U.K.

4 (1) Paragraphs 5 to 7 apply if— U.K.

(a) provision is made by a transfer scheme for the transfer to a transferee of a specified part of a transferor’s undertaking, or

(b) provision is made by a transfer scheme (or transfer schemes) for the transfer to different transferees of different specified parts of a transferor’s undertaking.

(2) It is immaterial whether or not the second condition set out in paragraph 1 is satisfied.

(3) In paragraphs 5 to 7 references to the parties are to—

(a) the transferee or transferees concerned, and

(b) the transferor (if he retains part of the undertaking).

(4) Paragraphs 5 to 7 do not apply to rights or liabilities under a contract of employment.

Commencement Information

I41 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

5 (1) The parties must, so far as practicable, make any written agreement necessary or expedient to identify what is to be taken to have been transferred to whom and what (if anything) is to be taken to have been retained. U.K.

(2) The duty under sub-paragraph (1) has effect before as well as after the coming into force of any transfer scheme concerned.

Commencement Information

I42 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

6 (1) If the Secretary of State thinks it is unlikely that agreement will be reached on a matter where agreement is required under paragraph 5 he may serve a notice on the parties. U.K.

(2) A notice may be served—

(a) whether or not representations are made by a party;

(b) before or after the coming into force of any transfer scheme concerned.

(3) A notice may specify the terms of the agreement which the Secretary of State thinks the parties should have made under paragraph 5 in relation to the matter concerned.

(4) If a notice is served under this paragraph the parties are to be treated as having made an agreement in the terms specified.

Commencement Information

I43 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

7 (1) This paragraph applies if— U.K.

(a) an agreement made under paragraph 5, or

(b) an agreement treated as made by paragraph 6,

contains provision to the effect that any property, right or liability is to be taken to have been transferred to a transferee.

(2) The property, right or liability is to be treated as having been transferred to the transferee by the scheme concerned (or, if there are two or more schemes, such of them as the agreement specifies).

Commencement Information

I44 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Discharge of functions U.K.

8 (1) Paragraphs 9 and 10 apply if— U.K.

(a) provision is made by a transfer scheme for the transfer to a transferee of a specified part of a transferor’s undertaking, or

(b) provision is made by a transfer scheme (or transfer schemes) for the transfer to different transferees of different specified parts of a transferor’s undertaking.

(2) It is immaterial whether or not the second condition set out in paragraph 1 is satisfied.

(3) In paragraphs 9 and 10 references to the parties are to—

(a) the transferee or transferees concerned, and

(b) the transferor (if he retains part of the undertaking).

(4) Paragraphs 9 and 10 do not apply to rights or liabilities under a contract of employment.

(5) Sub-paragraph (6) applies if at the time a transfer scheme comes into force a transferor or transferee under the scheme is—

(a) a company which is wholly owned by the Crown;

(b) a company which is wholly owned by the CAA;

(c) a company which is a wholly owned subsidiary of a company falling within paragraph (a) or (b).

(6) Paragraphs 9 and 10 cease to apply in relation to the scheme concerned at the time when the transferor or any one of the transferees under the scheme ceases to be a company which falls within any of paragraphs (a) to (c) of sub-paragraph (5).

Commencement Information

I45 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

9 (1) The parties must, so far as practicable, make any written agreement and execute any other instrument necessary or expedient to— U.K.

(a) give to any party (as against another or others) any rights and safeguards needed for carrying out the party’s functions;

(b) modify the division of the transferor’s undertaking in order to help the parties in carrying out their functions.

(2) An agreement or instrument under sub-paragraph (1) may provide—

(a) for the granting of leases and for the creation of other rights and liabilities over land (whether or not amounting in law to interests in land and whether or not involving the surrender of any existing interest or the creation of a new interest);

(b) for the granting of indemnities in connection with the severance of leases and other matters;

(c) for responsibility for registration of any matter in any statutory register.

(3) The duty under sub-paragraph (1) has effect before as well as after the coming into force of any transfer scheme concerned.

Commencement Information

I46 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

10 (1) If the Secretary of State thinks it is unlikely that agreement will be reached on a matter where agreement is required under paragraph 9 he may serve a notice on the parties. U.K.

(2) A notice may be served—

(a) whether or not representations are made by a party;

(b) before or after the coming into force of any transfer scheme concerned.

(3) A notice may specify the terms of the agreement which the Secretary of State thinks the parties should have made under paragraph 9 in relation to the matter concerned.

(4) If a notice is served under this paragraph the parties are to be treated as having made an agreement in the terms specified.

Commencement Information

I47 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Transfers by agreement U.K.

11 (1) If a transfer scheme provides for property, rights or liabilities to be transferred from a transferor to a transferee, they may agree that such of the property, rights or liabilities as are specified in the agreement are to be transferred from the transferee to the transferor. U.K.

(2) If one or more transfer schemes provide for different property, rights or liabilities to be transferred to different transferees, any transferee may agree with another that such of the property, rights or liabilities as are specified in the agreement are to be transferred from one to the other.

(3) This paragraph does not apply to rights or liabilities under a contract of employment.

(4) An agreement under this paragraph—

(a) must be in writing;

(b) must be made before the end of the required period;

(c) must be made with the Secretary of State’s approval.

(5) The required period is the period of 12 months starting with—

(a) the day on which the transfer scheme comes into force (or schemes come into force), or

(b) if there are two or more schemes and they come into force on different days, the later or latest of the days.

(6) An agreement under this paragraph may provide for a transfer to take effect on a date specified in or determined in accordance with the agreement; but the agreement may provide that a transfer is not to take effect unless the circumstances are such as the agreement specifies.

(7) When a transfer agreed under this paragraph takes effect the agreement has effect to transfer (in accordance with its provisions) the property, rights or liabilities concerned, subject to any enactment which provides for transactions to be registered in a statutory register.

Commencement Information

I48 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Documents of title U.K.

12 (1) This paragraph applies if on a transfer under a transfer scheme a transferor is entitled to retain possession of any document relating in part to the title to, or to the management of, any land or other property transferred to a transferee. U.K.

(2) If the land or other property is situated in England and Wales—

(a) the transferor is to be treated as having given the transferee an acknowledgement in writing of the transferee’s right to production of the document and to delivery of copies of it, and

(b) section 64 of the M40 Law of Property Act 1925 (production and safe custody of documents) is to apply to the acknowledgement and is to apply on the basis that the acknowledgement does not contain an expression of contrary intention.

(3) If the land or other property is situated in Scotland, subsections (1) and (2) of section 16 of the M41 Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) is to have effect in relation to the transfer as if the transfer had been effected by deed and as if from each of those subsections the words “unless specially qualified” were omitted.

(4) If the land or other property is situated in Northern Ireland—

(a) the transferor is to be treated as having given the transferee an acknowledgement in writing of the transferee’s right to production of the document and to delivery of copies of it, and

(b) section 9 of the M42 Conveyancing Act 1881 (which corresponds to section 64 of the M43 Law of Property Act 1925) is to apply to the acknowledgement and is to apply on the basis that the acknowledgement does not contain an expression of contrary intention.

Commencement Information

I49 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M40 1925 c. 20.

M41 1979 c. 33.

M42 1881 c. 41.

M43 1925 c. 20.

Foreign property, rights and liabilities U.K.

13 (1) This paragraph applies if a transfer scheme provides for the transfer of foreign property, rights or liabilities from a transferor to a transferee. U.K.

(2) The transferor and the transferee must take such steps as may be necessary to secure that the vesting of the property, rights or liabilities in the transferee is effective under the relevant foreign law; and the transferor must take the steps at such times as the transferee may specify in directions given to the transferor.

(3) Until the vesting of the property, rights or liabilities in the transferee is effective under the relevant foreign law, the transferor must—

(a) hold the property or rights for the transferee’s benefit, or

(b) discharge the liabilities on the transferee’s behalf.

(4) The transferor is to have all powers necessary for the performance of his duty under sub-paragraph (2), but the transferee must act on the transferor’s behalf (so far as possible) in the performance of that duty.

(5) Nothing in sub-paragraphs (2) to (4) affects the law of the United Kingdom (or of any part of the United Kingdom) as it applies to the vesting of the property, rights or liabilities in the transferee by virtue of the transfer scheme.

(6) References in this paragraph to foreign property, rights or liabilities are references to property, rights or liabilities as respects which any issue arising in any proceedings would be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(7) The transferee must meet any expenses incurred by the transferor in consequence of this paragraph.

(8) Duties imposed on the transferor or the transferee by this paragraph are enforceable in the same way as if they were imposed by a contract between them.

Commencement Information

I50 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Certificates U.K.

14 (1) This paragraph applies if— U.K.

(a) a transfer scheme provides for the transfer of property, rights or liabilities from a transferor to a transferee, and

(b) a certificate falling within sub-paragraph (2) is made jointly by or on behalf of the parties.

(2) A certificate falls within this sub-paragraph if it certifies that any specified property, right or liability—

(a) was intended to be, and was, vested in the transferee by virtue of the transfer, and

(b) has not been the subject of an agreement under paragraph 11.

(3) The certificate is to be conclusive evidence for all purposes of the facts it certifies.

(4) The reference in sub-paragraph (2) to property includes a reference to an interest in or right over property.

(5) Sub-paragraph (6) applies if—

(a) one of the parties requests the other to join in the preparation of a certificate, and

(b) they fail to agree the terms of a certificate within the period of one month starting with the day of the request.

(6) The parties must—

(a) refer the matter to the Secretary of State, and

(b) issue a certificate in such terms as may be specified in a direction given by him.

(7) The parties are the transferor and the transferee.

Commencement Information

I51 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Restrictions on dealing with land U.K.

15 (1) For the purposes of this paragraph a person is a party if— U.K.

(a) he is the transferor (or one of the transferors) under a transfer scheme and holds an interest in land immediately after the scheme comes into force, or

(b) he is the transferee (or one of the transferees) under the scheme and an interest in land is transferred to him under the scheme.

(2) For the purposes of this paragraph the relevant land is any land in which any party has an interest immediately after the scheme comes into force.

(3) On the representation of any of the parties the Secretary of State may give to the parties a direction stating that sub-paragraph (4) is to apply to such of the relevant land as the direction specifies.

(4) While the direction remains in force—

(a) no party may dispose of an interest in any of the specified land unless the Secretary of State consents;

(b) if a party proposes to dispose of such an interest and the Secretary of State thinks it necessary or expedient to exercise any of the powers set out in sub-paragraph (5) for the protection of any other party, the Secretary of State may exercise any of those powers.

(5) The powers are—

(a) power to consent to the proposed disposal subject to compliance with such conditions as the Secretary of State may see fit to impose;

(b) power to require a party to dispose of an interest in any of the specified land to such person and in such manner as may be specified in the requirement;

(c) power to require a party to acquire another party’s interest in any of the specified land.

(6) In sub-paragraph (5)(b) and (c) references to an interest include (but are not limited to) references to the interest whose disposal is proposed.

(7) A person who is not a party and who is dealing with a party (or with a person claiming under a party) in relation to land is not to be concerned to see or enquire—

(a) whether this paragraph applies (or has applied) in relation to any of the land;

(b) whether a direction under this paragraph has been given in relation to any of the land;

(c) whether this paragraph or any condition imposed or requirement made under it has been complied with in connection with the dealing or any other dealing concerning any of the land.

(8) No transaction between a person who is not a party (on the one hand) and a party or a person claiming under a party (on the other) is to be invalid by reason of any failure to comply with this paragraph or any condition imposed or requirement made under it.

Commencement Information

I52 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Construction of agreements etc U.K.

16 (1) This paragraph applies if— U.K.

(a) a transfer scheme provides for the transfer of property, rights or liabilities from a transferor to a transferee, and

(b) immediately before the coming into force of the scheme the transferor was entitled or subject to the property, rights or liabilities under an agreement to which he was then a party.

(2) This paragraph applies—

(a) whether or not the agreement is in writing;

(b) whether or not the transferor could assign the property, rights or liabilities.

(3) So far as the agreement relates to the property, rights or liabilities transferred to the transferee, as respects anything falling to be done after the coming into force of the scheme the agreement is to have effect as if—

(a) the transferee had been a party to it instead of the transferor;

(b) a reference to the transferor were a reference to the transferee;

(c) a reference to a person employed by (or engaged in the business of) the transferor and holding a specified office or serving in a specified capacity were a reference to such a person as the transferee may appoint or, in default of appointment, to a person with corresponding functions who is employed by (or engaged in the business of) the transferee;

(d) a reference in general terms to persons employed by, persons engaged in the business of, or agents of, the transferor were a reference to persons employed by, persons engaged in the business of, or agents of, the transferee.

(4) A reference mentioned in sub-paragraph (3)(b) or (c) may be express or implied; and if express it is immaterial how it is worded.

(5) It is immaterial how a reference mentioned in sub-paragraph (3)(d) is worded.

Commencement Information

I53 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

17 (1) This paragraph applies if— U.K.

(a) a transfer scheme provides for the transfer of property, rights or liabilities from a transferor to a transferee, and

(b) immediately before the coming into force of the scheme any provision of an agreement to which the transferor was not a party, any statutory provision or any provisions of a document (other than an agreement) related to the property, rights or liabilities transferred to the transferee.

(2) This paragraph applies—

(a) whether or not the agreement mentioned in sub-paragraph (1)(b) is in writing;

(b) whether or not the transferor could assign the property, rights or liabilities.

(3) So far as the agreement, provision or document relates to the property, rights or liabilities transferred to the transferee, as respects anything falling to be done after the coming into force of the scheme the agreement, provision or document is to have effect as if—

(a) a reference to the transferor were a reference to the transferee;

(b) a reference to a person employed by (or engaged in the business of) the transferor and holding a specified office or serving in a specified capacity were a reference to such a person as the transferee may appoint or, in default of appointment, to a person with corresponding functions who is employed by (or engaged in the business of) the transferee;

(c) a reference in general terms to persons employed by, persons engaged in the business of, or agents of, the transferor were a reference to persons employed by, persons engaged in the business of, or agents of, the transferee.

(4) A reference mentioned in sub-paragraph (3)(a) or (b) may be express or implied; and if express it is immaterial how it is worded.

(5) It is immaterial how a reference mentioned in sub-paragraph (3)(c) is worded.

(6) A reference mentioned in sub-paragraph (3) to the transferor may be a general reference to a class of persons of which the transferor is one (without the transferor being named).

(7) For the purposes of this paragraph a statutory provision is a provision contained in an Act or in a document made or issued under an Act; and here “Act” includes a private or local Act.

Commencement Information

I54 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Proceedings etc U.K.

18 (1) This paragraph applies if a transfer scheme provides for a transfer from a transferor to a transferee. U.K.

(2) From the coming into force of the scheme the transferee is to have the same rights, powers and remedies for ascertaining, perfecting or enforcing a right or liability transferred to him under the scheme as he would have had if the right or liability had at all times been a right or liability of his.

(3) From the coming into force of the scheme any person (other than the transferee) is to have the same rights, powers and remedies for ascertaining, perfecting or enforcing a right or liability transferred to the transferee under the scheme as he would have had if the right or liability had at all times been a right or liability of the transferee.

(4) The rights and powers which the transferee or any other person is to have include—

(a) rights and powers as to the taking or resisting of legal proceedings;

(b) rights and powers as to the making or resisting of applications to an authority.

(5) Sub-paragraph (6) applies if on the coming into force of the scheme legal proceedings or applications to an authority by or against the transferor are pending.

(6) The proceedings or applications must be continued by or against the transferee (to the transferor’s exclusion) in so far as they relate—

(a) to any property, rights or liabilities transferred to the transferee under the scheme, or

(b) to any agreement or enactment relating to any such property, rights or liabilities.

Commencement Information

I55 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Third parties U.K.

19 (1) This paragraph applies if— U.K.

(a) an agreement is made by the parties under paragraph 5 or 9 or treated as made under paragraph 6 or 10, or

(b) an instrument is executed by the parties under paragraph 9.

(2) The agreement or instrument is to bind all other persons even if it would (apart from this sub-paragraph) have required the consent or concurrence of any other person.

(3) If as a result of the agreement or instrument the rights or liabilities of a person who is not a party become enforceable as to part against or by one party and as to part against or by another party—

(a) the parties must notify that person of the agreement or instrument;

(b) that person may within the period of 28 days (starting with the day he is notified) apply to the Secretary of State to give a direction to vary the agreement or instrument.

(4) If the Secretary of State is satisfied that the agreement or instrument operated unfairly against that person, the Secretary of State may give a direction to the parties requiring them to vary the agreement or instrument in a way specified in the direction.

Commencement Information

I56 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

20 (1) For the purposes of this paragraph— U.K.

(a) a party is a person who is a transferor or a transferee under the transfer scheme or schemes referred to in this paragraph;

(b) a third party is a person who is not a transferor or a transferee under the transfer scheme or schemes referred to in this paragraph.

(2) This paragraph applies if—

(a) a transfer scheme is made or transfer schemes are made,

(b) rights or liabilities of a third party are (apart from the scheme or schemes) enforceable against or by a transferor,

(c) in consequence of the scheme or schemes or of anything done under this Schedule the third party’s rights or liabilities become enforceable as to different parts against or by different parties, and

(d) the value of any property or interest of the third party is diminished as a result.

(3) Just compensation must be paid to the third party by one or more of these persons—

(a) the parties against or by whom the third party’s rights or liabilities become enforceable;

(b) the transferor concerned (if he does not fall within paragraph (a)).

(4) If it appears to the transferor that a person is or may be entitled to compensation the transferor must—

(a) notify the person that he is or may be entitled, and

(b) invite him to make representations to the transferor within the period of 14 days starting with the date the notification is made.

(5) But if the transferor does not know the person’s name and address he must instead publish (in a manner he thinks is appropriate) a notice which—

(a) contains information about the property or interest affected, and

(b) invites any person who thinks he is or may be entitled to compensation to make representations to the transferor within the period specified in the notice (which must not be less than 28 days starting with the date of publication of the notice).

(6) A dispute about whether (or how much) compensation is payable under this paragraph, or about who must pay or be paid it, must be referred to and determined by—

(a) an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),

(b) an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or

(c) an arbitrator appointed by the [F14 Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland] (if the proceedings are to be held in Northern Ireland).

Textual Amendments

F14 Words in Sch. 6 para. 20(6)(c) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 297(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(x)

Commencement Information

I57 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

21 (1) For the purposes of this paragraph— U.K.

(a) a third party is a person who is not a transferor or a transferee under the transfer scheme or schemes referred to in this paragraph;

(b) a transferred item is any property, right, liability, undertaking or part of an undertaking which is the subject of a transfer (or transfers) under the transfer scheme or schemes referred to in this paragraph.

(2) This paragraph applies if a transfer scheme is made (or transfer schemes are made) and there are court proceedings the parties to which are (or include) a third party and either—

(a) the transferor of a transferred item, or

(b) any transferee or transferees of the item.

(3) The third party may apply to the court at any stage in the proceedings on any of these grounds—

(a) that the issues in the proceedings depend on the identification, with regard to the transferred item, of what has been transferred to whom and what (if anything) has been retained and that the identification has not yet been made;

(b) that the issues in the proceedings raise a question of construction on the provisions of this Chapter which would not arise if the transferor of the transferred item and the transferee (or transferees) of it constituted a single person.

(4) If it appears to the court that such a ground is established it may hear and determine the proceedings on the first and second bases set out below.

(5) If the transferor of the transferred item is a party to the proceedings, the first basis is that the transferor represents and is answerable for the transferee (or transferees) of the item.

(6) If there is one transferee of the transferred item and he is a party to the proceedings, the first basis is that the transferee represents and is answerable for the transferor of the item.

(7) If there are two or more transferees of the transferred item and they are parties to the proceedings, the first basis is that the transferees represent and are answerable for the transferor of the item.

(8) If there are two or more transferees of the transferred item and one or more of them (but not both or all of them) are parties to the proceedings, the first basis is that—

(a) the transferee who is a party represents and is answerable for the transferor of the item and for the transferee of it who is not (or the transferees of it who are not) parties, or

(b) the transferees who are parties represent and are answerable for the transferor of the item and for the transferee of it who is not (or the transferees of it who are not) parties.

(9) The second basis is that the transferor of the transferred item and the transferee (or transferees) of it constitute a single person.

(10) If the court determines the proceedings on the first and second bases any judgment or order of the court is to bind both the transferor and the transferee (or transferees) of the transferred item.

Commencement Information

I58 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

22 (1) For the purposes of this paragraph a relevant person is a person who satisfies these conditions— U.K.

(a) he is a transferor or transferee under a transfer scheme or transfer schemes, and

(b) he might be prejudiced by paragraph 21 if there were court proceedings in which the scheme or schemes were an issue.

(2) A relevant person must keep each other relevant person informed of any court proceedings in which the scheme or schemes may become an issue.

Commencement Information

I59 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

23 (1) This paragraph applies if a person falling within sub-paragraph (3) (the claimant) claims that— U.K.

(a) he has been prejudiced by paragraph 21,

(b) another person or other persons falling within sub-paragraph (3) ought to indemnify him, and

(c) there has been an unreasonable failure by the person (or any of the persons) to indemnify him.

(2) The claimant may refer the matter to the Secretary of State for determination by him; and a determination must be complied with.

(3) A person falls within this sub-paragraph if he is a transferor or a transferee under the scheme or schemes concerned.

Commencement Information

I60 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

General U.K.

24 U.K. Paragraphs 11 to 18 and 20 apply whether or not property, rights or liabilities are (or are to be) transferred under the scheme or schemes as a constituent of an undertaking (or part of one).

Commencement Information

I61 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

25 (1) Paragraphs 12 to 18 and 20 to 24 have effect as if references to a transfer scheme or schemes included references to— U.K.

(a) an agreement or agreements under paragraph 9 or 11;

(b) an instrument or instruments under paragraph 9;

(c) an agreement or agreements treated as made under paragraph 10.

(2) Where paragraph 14 has effect in relation to an agreement under paragraph 11 by virtue of sub-paragraph (1), sub-paragraph (2)(b) of paragraph 14 shall be disregarded.

(3) Paragraph 19 has effect in relation to an agreement under paragraph 11 as it has effect in relation to an agreement made under paragraph 5 or 9.

(4) Where paragraphs 12 to 24 have effect in relation to—

(a) an agreement under paragraph 9 or 11,

(b) an instrument under paragraph 9, or

(c) an agreement treated as made under paragraph 10,

references to a transferor or a transferee have effect as references to a transferor or a transferee under the agreement or the instrument.

Commencement Information

I62 Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Section 64.

SCHEDULE 7 U.K. Transfer schemes: tax

Interpretation U.K.

1 U.K. In this Schedule—

• “the 1988 Act” means the M44 Income and Corporation Taxes Act 1988;

• “the 1990 Act” means the M45 Capital Allowances Act 1990;

• “the 1992 Act” means the M46 Taxation of Chargeable Gains Act 1992;

• “relevant transfer” means a transfer of property, rights or liabilities under a transfer scheme;

• “transferee” in relation to a relevant transfer means the person to whom the property, rights or liabilities are transferred;

• “transferor” in relation to a relevant transfer means the person from whom the property, rights or liabilities are transferred.

Commencement Information

I63 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M44 1988 c. 1.

M45 1990 c. 1.

M46 1992 c. 12.

Chargeable gains: general U.K.

2 (1) For the purposes of the 1992 Act a disposal constituted by a relevant transfer is to be taken (in relation to the transferee as well as the transferor) to be for a consideration such that no gain or loss accrues to the transferor. U.K.

(2) Sub-paragraph (1) has effect subject to the following provisions of this Schedule.

F15 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Section 171(1) of the 1992 Act (provision in relation to disposal of assets from one member of a group of companies to another member of the group) does not apply if the disposal in question is constituted by a relevant transfer.

(5) Expressions used in this paragraph and in the 1992 Act have the same meanings in this paragraph as in that Act.

Textual Amendments

F15 Sch. 7 para. 2(3) omitted (with effect in accordance with Sch. 2 para. 71 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 70(e)(i)

Commencement Information

I64 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Chargeable gains: securities U.K.

3 (1) This paragraph applies if— U.K.

(a) assets are transferred to a company under a transfer scheme,

(b) in consequence the Secretary of State gives a direction under section 49 above, and

(c) the company issues securities in accordance with the direction.

(2) For the purposes of the 1992 Act the person to whom the securities are issued is to be treated as acquiring them for a consideration—

(a) provided by him wholly and exclusively for the securities, and

(b) equal to the market value of the assets transferred to the company under the scheme.

(3) This paragraph applies whether or not the person to whom the securities are issued is the person transferring the assets under the scheme.

(4) Expressions used in this paragraph and in the 1992 Act have the same meanings in this paragraph as in that Act.

Commencement Information

I65 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

4 (1) This paragraph applies if — U.K.

(a) the Secretary of State gives a direction under section 57 above requiring the CAA to release a company from liability in respect of debts,

(b) in connection with the direction the Secretary of State gives a direction or directions under section 58 above, and

(c) securities are issued in accordance with the direction or directions under section 58.

(2) Sub-paragraph (3) applies if the direction under section 58 requires securities to be issued to one person only or the directions under that section (taken together) require securities to be issued to one person only; and sub-paragraph (4) applies in any other case.

(3) For the purposes of the 1992 Act the person to whom the securities are issued is to be treated as acquiring them for a consideration—

(a) provided by him wholly and exclusively for the securities, and

(b) equal to the amount of the liability affected by the release required by the direction under section 57.

(4) For the purposes of the 1992 Act a person to whom any of the securities are issued is to be treated as acquiring them for a consideration—

(a) provided by him wholly and exclusively for the securities, and

(b) equal to such part as is just and reasonable of the amount of the liability affected by the release required by the direction under section 57.

(5) This paragraph applies whether or not the person to whom the securities are issued, or any person to whom any of the securities are issued, is a person transferring anything under the transfer scheme in connection with which the direction under section 57 is given.

(6) Expressions used in this paragraph and in the 1992 Act have the same meanings in this paragraph as in that Act.

Commencement Information

I66 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Chargeable gains: value shifting U.K.

5 U.K. Nothing in this Chapter and nothing done under it is to be regarded as a scheme or arrangement for the purposes of section 30 of the 1992 Act (tax-free benefits).

Commencement Information

I67 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Chargeable gains: roll-over relief U.K.

6 (1) This paragraph applies if— U.K.

(a) but for section 154 of the 1992 Act (depreciating assets) a held-over gain would have been carried forward to a depreciating asset,

(b) the asset is the subject of a relevant transfer, and

(c) the Secretary of State is not the transferee under the relevant transfer.

(2) Section 154 is to have effect as if the gain had accrued to, and the claim for it to be held over had been made by, the transferee and as if the transferor’s acquisition of the depreciating asset had been the transferee’s acquisition of it.

(3) Expressions used in this paragraph and in section 154 have the same meanings in this paragraph as in that section.

Commencement Information

I68 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Chargeable gains: restriction of losses U.K.

7 (1) If there has been a relevant transfer of an asset section 174(1) of the 1992 Act (which applies section 41 to cases where assets have been acquired without gain or loss) is to have effect as if the asset had been transferred to the transferee, and acquired by him, in relevant circumstances. U.K.

(2) This paragraph is not to prejudice paragraph 2.

(3) Expressions used in this paragraph and in section 174(1) of the 1992 Act have the same meanings in this paragraph as in section 174(1).

Commencement Information

I69 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Chargeable gains: groups U.K.

8 (1) Sub-paragraph (2) applies if a company (the degrouped company)— U.K.

(a) acquired an asset from another company at any time when both were members of the same group of companies (the old group),

(b) ceases by virtue of a relevant transfer to be a member of the old group, and

(c) becomes by virtue of the transfer a member of another group of companies (the new group).

(2) Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.

(3) Sub-paragraph (4) applies if—

(a) sub-paragraph (2) applies to an asset, and

(b) the degrouped company ceases to be a member of the new group.

(4) On the company so ceasing section 179 of the 1992 Act is to have effect as if the degrouped company and the company from which it acquired the asset had been members of the new group at the time of acquisition.

(5) But sub-paragraph (4) does not apply if—

(a) at the time when the degrouped company ceases to be a member of the new group the company from which it acquired the asset also ceases to be a member of the new group,

(b) the companies are associated companies immediately before and immediately after that time, and

(c) the companies were associated companies at the time of acquisition.

(6) Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Commencement Information

I70 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

9 (1) Sub-paragraph (3) applies if— U.K.

(a) a company (the degrouped company) ceases by virtue of a relevant transfer to be a member of a group of companies (the old group),

(b) it becomes by virtue of the transfer a member of another group of companies (the new group),

(c) it ceases to be a member of the new group, and

(d) the condition in sub-paragraph (2) is satisfied.

(2) The condition is that—

(a) the degrouped company acquired an asset under a relevant transfer at a time falling before it ceases to be a member of the new group, and

(b) at the time of acquisition the degrouped company and the transferor were not members of the new group.

(3) On the degrouped company ceasing to be a member of the new group section 179 of the 1992 Act is to have effect as if the degrouped company and the transferor had been members of the new group at the time of acquisition.

(4) But sub-paragraph (3) does not apply if—

(a) at the time when the degrouped company ceases to be a member of the new group the transferor also ceases to be a member of the new group,

(b) the companies are associated companies immediately before and immediately after that time, and

(c) the companies were associated companies at the time of acquisition.

(5) Paragraph 8(4) and sub-paragraph (3) above may apply on the same occasion; but if paragraph 8(4) applies to an asset on a given occasion sub-paragraph (3) above does not apply to that asset on that occasion.

(6) Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Commencement Information

I71 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

10 (1) Sub-paragraph (4) applies if— U.K.

(a) a company ceases by virtue of a relevant transfer to be a member of a group of companies (the old group),

(b) it becomes by virtue of the transfer a member of another group of companies (the new group),

(c) a company falling within sub-paragraph (2) (the degrouped company) ceases to be a member of the new group, and

(d) the condition in sub-paragraph (3) is satisfied.

(2) A company falls within this sub-paragraph if immediately before it ceases to be a member of the new group it is a subsidiary of—

(a) the company referred to in sub-paragraph (1)(a), or

(b) the principal company of the new group (if that company differs from the company referred to in sub-paragraph (1)(a)).

(3) The condition is that—

(a) the degrouped company acquired an asset under a relevant transfer at a time falling before it ceases to be a member of the new group, and

(b) at the time of acquisition the degrouped company and the transferor were not members of the new group.

(4) On the degrouped company ceasing to be a member of the new group section 179 of the 1992 Act is to have effect as if the degrouped company and the transferor had been members of the new group at the time of acquisition.

(5) But sub-paragraph (4) does not apply if—

(a) at the time when the degrouped company ceases to be a member of the new group the transferor also ceases to be a member of the new group,

(b) the companies are associated companies immediately before and immediately after that time, and

(c) the companies were associated companies at the time of acquisition.

(6) Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Commencement Information

I72 S. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Capital allowances U.K.

11 (1) This paragraph applies if— U.K.

(a) property which is plant or machinery is the subject of a relevant transfer,

(b) [F16 Chapter 1 of Part 22 of the Corporation Tax Act 2010 (transfers of trade without a change of ownership)] does not apply in relation to the transfer, and

(c) the transfer scheme concerned contains provision for the disposal value of the property to be taken for the purposes of the Capital Allowances Acts to be of an amount specified in or determined in accordance with the scheme.

(2) For the purposes of the Capital Allowances Acts—

(a) the provision mentioned in sub-paragraph (1)(c) is to have effect (instead of section 26(1) or 59 of the 1990 Act) for determining an amount as the disposal value of the property or the price at which a fixture is to be treated as sold;

(b) the transferee is to be taken to have incurred expenditure of that amount on the provision of the property;

(c) in the case of a fixture, the expenditure which falls to be treated as incurred by the transferee is to be taken for the purposes of section 54 of the 1990 Act to be incurred by the giving of a consideration consisting in a capital sum of that amount.

(3) A provision mentioned in sub-paragraph (1)(c) for the determination of an amount may include provision—

(a) for a determination to be made by the Secretary of State in a manner described in the scheme;

(b) for a determination to be made by reference to factors so described or to the opinion of a person so described;

(c) for a determination to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.

(4) The Treasury’s consent is required for the making or modification of a determination under a provision mentioned in sub-paragraph (1)(c).

(5) The transferee’s consent is also required for such a modification after the relevant transfer takes effect.

(6) If there is a determination or a modification of a determination under a provision mentioned in sub-paragraph (1)(c) all necessary adjustments—

(a) must be made by making assessments or by repayment or discharge of tax, and

(b) must be made notwithstanding any limitation on the time within which assessments may be made.

(7) In this paragraph “the Capital Allowances Acts” has the same meaning as in the Tax Acts and “fixture” has the same meaning as in Chapter VI of Part II of the 1990 Act.

Textual Amendments

F16 Words in Sch. 7 para. 11(1)(b) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 321(2) (with Sch. 2)

Commencement Information

I73 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Transfers of trading stock U.K.

12 (1) This paragraph applies if— U.K.

(a) under a relevant transfer trading stock of the transferor is transferred to the transferee, and

(b) the stock falls, immediately after the time when the transfer takes effect, to be treated as trading stock of the transferee.

(2) Sub-paragraphs (3) and (4) have effect in computing the profits or gains of the relevant trades for the purposes of the Corporation Tax Acts; and the relevant trades are—

(a) the trade in relation to which the stock is trading stock immediately before the time when the transfer takes effect, and

(b) the trade in relation to which it is trading stock after that time.

(3) The stock must be taken—

(a) to have been disposed of by the transferor in the course of the trade carried on by the transferor,

(b) to have been acquired by the transferee in the course of the trade carried on by the transferee, and

(c) subject to that, to have been disposed of and acquired at the time when the transfer takes effect.

(4) The stock must be valued for the purposes of each of the relevant trades as if the disposal and acquisition had been for a consideration which in relation to the transferor would have resulted in neither a profit nor a loss being brought into account in respect of the disposal in the accounting period of the transferor which ends with, or is current at, the time when the transfer takes effect.

(5) In this paragraph “trading stock” has the same meaning as in [F17 section 163 of the Corporation Tax Act 2009].

Textual Amendments

F17 Words in Sch. 7 para. 12(5) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 472(2) (with Sch. 2 Pts. 1, 2)

Commencement Information

I74 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Trading losses: transfer of trade U.K.

13 (1) This paragraph applies if a transfer scheme provides for a relevant transfer as a result of which the transferor ceases to carry on a trade and the transferee begins to carry it on. U.K.

(2) A transferor treated as ceasing to carry on a trade for the purposes of [F18 Chapter 1 of Part 22 of the Corporation Tax Act 2010 (transfers of trade without a change of ownership) ] is to be so treated for the purposes of this paragraph.

(3) A transferee treated as beginning to carry on a trade for the purposes of [F19 that Chapter] is to be so treated for the purposes of this paragraph.

(4) Sub-paragraph (5) applies if the transfer will result in the transferee being entitled to relief for an amount in respect of the trade [F20 under section 45 of the Corporation Tax Act 2010 (carry forward of trading losses) by virtue of section 944(3) of that Act].

(5) In such a case the scheme may provide that the amount is to be treated as such amount (the replacement amount) as is specified in or determined in accordance with the scheme.

(6) Sub-paragraph (7) applies if the trade concerned is in fact part of a trade of the transferor and the transferor is entitled to relief for an amount under [F21 section 45 of the Corporation Tax Act 2010] in respect of the part retained.

(7) In such a case the scheme may provide that the amount is to be treated as such amount (the replacement amount) as is specified in or determined in accordance with the scheme.

(8) A provision under sub-paragraph (5) or (7) must be such that the replacement amount is not greater than the amount it replaces; and the replacement amount may be nil.

(9) When the scheme comes into force a provision made under sub-paragraph (5) or (7) is to have effect for the purposes of arriving at the amount of relief concerned.

Textual Amendments

F18 Words in Sch. 7 para. 13(2) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 321(3)(a) (with Sch. 2)

F19 Words in Sch. 7 para. 13(3) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 321(3)(b) (with Sch. 2)

F20 Words in Sch. 7 para. 13(4) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 321(3)(c) (with Sch. 2)

F21 Words in Sch. 7 para. 13(6) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 321(3)(d) (with Sch. 2)

Commencement Information

I75 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Trading losses: change in ownership U.K.

14 (1) This paragraph applies if under a relevant transfer all the issued share capital of a company (the transferred company) is transferred from the CAA to— U.K.

(a) the Secretary of State, or

(b) a company whose shares are all held by the Secretary of State when the transfer takes effect.

(2) For the purposes of [F22 Chapter 2 of Part 14 of the Corporation Tax Act 2010 (but not section 674(1) of that Act)] (disallowance of trading losses on change in company’s ownership) the transfer is not to be taken to result in a change in the ownership of—

(a) the transferred company, or

(b) a company which is a wholly owned subsidiary of the transferred company when the transfer takes effect.

Textual Amendments

F22 Words in Sch. 7 para. 14(2) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 321(4) (with Sch. 2)

Commencement Information

I76 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Leased assets U.K.

15 (1) This paragraph applies for the purposes of [F23 Chapter 4 of Part 19 of the Corporation Tax Act 2010] [F24 or Chapter 4 of Part 12A of the Income Tax Act 2007] (assets leased to traders and others) if the interest of the lessor or the lessee under a lease, or any other interest in an asset, is transferred to a person under a relevant transfer. U.K.

(2) The transfer is to be treated as made without any capital sum having been obtained in respect of the interest by the transferor or the transferee; and this is so notwithstanding [F25 section 879] of [F26 the Corporation Tax Act 2010 and section 681DI of the Income Tax Act 2007].

Textual Amendments

F23 Words in Sch. 7 para. 15(1) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 321(5)(a) (with Sch. 2)

F24 Words in Sch. 7 para. 15(1) inserted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 252(a) (with Sch. 9 paras. 1-9, 22)

F25 Words in Sch. 7 para. 15(2) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 321(5)(b) (with Sch. 2)

F26 Words in Sch. 7 para. 15(2) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 252(b) (with Sch. 9 paras. 1-9, 22)

Commencement Information

I77 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Securities U.K.

16 (1) This paragraph applies if securities are issued by a company in pursuance of a direction of the Secretary of State under section 49 or 58 above. U.K.

(2) A share issued by the company is to be treated for the purposes of the Corporation Tax Acts as if it had been issued wholly in consideration of a subscription paid to the company of an amount equal to the nominal value of the share.

(3) A debenture issued by the company is to be treated for the purposes of the Corporation Tax Acts as if it had been issued—

(a) wholly in consideration of a loan made to the company of an amount equal to the principal sum payable under the debenture, and

(b) wholly and exclusively for the purposes of the trade carried on by the company.

(4) If a debenture issued by the company includes provision for the payment of a sum expressed as interest in respect of a period falling wholly or partly before the issue of the debenture, a payment made in pursuance of the provision in respect of the period is to be treated for the purposes of the Corporation Tax Acts as if the debenture had been issued at the commencement of the period and (accordingly) as interest on the principal sum payable under the debenture.

(5) This paragraph has effect subject to paragraphs 3, 4 and 17.

Commencement Information

I78 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

17 (1) This paragraph applies if— U.K.

(a) securities are issued to a company in pursuance of a direction of the Secretary of State under section 49 or 58 above, and

(b) by virtue of any such security the company has a loan relationship for the purposes of the Corporation Tax Acts.

(2) For the purposes of [F27 Part 5 of the Corporation Tax Act 2009] (loan relationships) the company is to be taken to have acquired its rights under the security wholly in consideration of a loan made by it to the issuing company of an amount equal to the principal sum payable under the security.

(3) Expressions used in this paragraph and in [F28 Part 5 of the Corporation Tax Act 2009] have the same meanings in this paragraph as in [F28 that Part].

Textual Amendments

F27 Words in Sch. 7 para. 17(2) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 472(3)(a) (with Sch. 2 Pts. 1, 2)

F28 Words in Sch. 7 para. 17(3) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 472(3)(b) (with Sch. 2 Pts. 1, 2)

Commencement Information

I79 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Stamp duty U.K.

18 (1) A relevant transfer is not to give rise to liability to stamp duty. U.K.

(2) Stamp duty is not to be chargeable on a transfer scheme.

(3) Stamp duty is not to be chargeable on an instrument which is certified to the Commissioners of Inland Revenue by the Secretary of State as having been made for the purposes of (or for purposes connected with) a transfer scheme.

(4) But no instrument which is certified as mentioned in sub-paragraph (3) is to be taken to be duly stamped unless—

(a) it is stamped with the duty to which it would be liable but for that sub-paragraph, or

(b) it has, in accordance with section 12 of the M47 Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped.

(5) Stamp duty is not to be chargeable on an instrument which is made under Schedule 6.

Commencement Information

I80 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M47 1891 c. 39.

Stamp duty reserve tax U.K.

19 U.K. An agreement is not to give rise to a charge to stamp duty reserve tax if—

(a) it is made for the purposes of (or for purposes connected with) a transfer scheme, or

(b) it is made under Schedule 6.

Commencement Information

I81 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Agreements U.K.

20 (1) Sub-paragraph (2) applies if the effect of— U.K.

(a) an agreement made under paragraph 9 or 11 of Schedule 6,

(b) an instrument executed under paragraph 9 of Schedule 6, or

(c) an agreement treated as made under paragraph 10 of Schedule 6,

is to modify the effect of a transfer scheme.

(2) This Schedule, the 1988 Act, the 1990 Act and the 1992 Act are to have effect as if—

(a) the scheme had been made as modified, and

(b) anything done by or in relation to the preceding holder had (so far as relating to the property, rights or liabilities affected by the modification) been done by or in relation to the subsequent holder.

(3) Sub-paragraph (4) applies to a disposal of an asset if the disposal—

(a) is effected in pursuance of an agreement made or treated as made under paragraph 9 or 10 of Schedule 6 or is effected by an instrument executed under paragraph 9 of that Schedule, and

(b) is the grant of a lease of land or the creation of other rights and liabilities over land.

(4) For the purposes of the 1992 Act the disposal is to be taken (in relation to the person to whom it is made as well as the person making it) to be for a consideration such that no gain or loss accrues to the person making it.

(5) Section 171(1) of the 1992 Act (provision in relation to disposal of assets from one member of a group of companies to another member of the group) does not apply if sub-paragraph (4) applies to the disposal in question.

(6) References in this paragraph to an agreement or instrument include references to the agreement or instrument as varied in accordance with a direction under paragraph 19(4) of Schedule 6.

(7) For the purposes of sub-paragraph (2) the preceding holder is the person who without the modification—

(a) became (under the transfer scheme concerned) entitled or subject to the property, rights or liabilities affected by the modification, or

(b) remained (despite the transfer scheme concerned) entitled or subject to the property, rights or liabilities affected by the modification,

as the case may be.

(8) For the purposes of sub-paragraph (2) the subsequent holder is the person who (in consequence of the modification) becomes, or resumes being, entitled or subject to the property, rights or liabilities affected by the modification.

Commencement Information

I82 Sch. 7 paras. 1-20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Section 97.

SCHEDULE 8 U.K. Amendments about air traffic

Part I U.K. Licences

House of Commons Disqualification Act 1975 (c.24) U.K.

1 U.K. In the House of Commons Disqualification Act 1975, in Part III of Schedule 1, after the entry “Director of the Commonwealth Institute” there shall be inserted—

“Director of any of the following—

(a) a company which for the time being holds a licence under Chapter I of Part I of the Transport Act 2000 (a licence company);

(b) a company of which a licence company is a subsidiary (within the meaning given by section 736(1) of the Companies Act 1985 or Article 4(1) of the Companies (Northern Ireland) Order 1986);

(c) a company which is a subsidiary (within the meaning so given) of a licence company.”

Commencement Information

I83 Sch. 8 para. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Northern Ireland Assembly Disqualification Act 1975 (c.25) U.K.

2 U.K. In the Northern Ireland Assembly Disqualification Act 1975, in Part III of Schedule 1, after the entry “Director of Cable and Wireless Limited nominated by a Minister of the Crown or government department” there shall be inserted—

“Director of any of the following—

(a) a company which for the time being holds a licence under Chapter I of Part I of the Transport Act 2000 (a licence company);

(b) a company of which a licence company is a subsidiary (within the meaning given by section 736(1) of the Companies Act 1985 or Article 4(1) of the Companies (Northern Ireland) Order 1986);

(c) a company which is a subsidiary (within the meaning so given) of a licence company.”

Commencement Information

I84 Sch. 8 para. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Part II U.K. Air navigation services

Civil Aviation Act 1982 (c.16) U.K.

3 U.K. Section 72 of the Civil Aviation Act 1982 (CAA’s duty to provide air navigation services) shall cease to have effect.

Part III U.K. Charges

Civil Aviation Act 1982 (c.16) U.K.

4 U.K. Sections 73 and 74 of the Civil Aviation Act 1982 (charges for air navigation services etc) shall cease to have effect.

5 U.K. In section 86 of the Civil Aviation Act 1982 (mortgaging of aircraft) in subsection (2)(b) for “section 74(4) above” there shall be substituted “ section 83 of the Transport Act 2000 (detention and sale of aircraft) ”.

6 (1) Section 88 of the Civil Aviation Act 1982 (detention and sale of aircraft for unpaid airport charges) shall be amended as follows. U.K.

(2) In subsection (6)(d) for “regulations under section 73 above” substitute “ section 73 of the Transport Act 2000 (or, if more than one such charge is due, in payment of them in such order as the Secretary of State may specify by order) ”.

(3) In subsection (10) in the definition of “airport charges” for “regulations under section 73 above” substitute “ section 73 of the Transport Act 2000 ”.

7 U.K. In section 90 of the Civil Aviation Act 1982 (Convention rights) in subsection (2)(b) for “section 74(4) above” there shall be substituted “ section 83 of the Transport Act 2000 (detention and sale of aircraft) ”.

8 (1) In Schedule 4 to the Civil Aviation Act 1982 (Eurocontrol) paragraph 1 shall be amended as follows. U.K.

(2) In sub-paragraph (5) omit the definition of “record”.

(3) After sub-paragraph (5) insert—

“(6) For the purposes of this paragraph a record includes (in addition to a record in writing)—

(a) a disc, tape, sound-track or other device in which sounds or signals are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);

(b) a film, tape or other device in which visual images are embodied so as to be capable of being reproduced from it (with or without the aid of some other instrument);

(c) a photograph.”

9 U.K. In Schedule 13 to the Civil Aviation Act 1982 (subordinate instruments) in Part II after the entry relating to section 87 there shall be inserted—

“Section 88(6)(d)

Priority of charges

Subject to the negative resolution procedure”.

Airports Act 1986 (c.31) U.K.

F29 10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Sch. 8 para. 10 repealed (1.4.2014) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 9 para. 17 (with Sch. 10 paras. 12, 17); S.I. 2013/589, art. 5(1)(b)

Part IV U.K. Competition

Fair Trading Act 1973 (c.41) U.K.

F30 11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 Sch. 8 paras. 11, 12 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Competition Act 1980 (c.21) U.K.

F30 12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 Sch. 8 paras. 11, 12 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Civil Aviation Act 1982 (c.16) U.K.

13 U.K. In section 4 of the Civil Aviation Act 1982 (CAA’s general objectives) after subsection (2) there shall be inserted—

“(3) The duty mentioned in subsection (1) above does not apply in relation to anything done by the CAA in the performance of functions mentioned in subsection (3) of section 86 of the Transport Act 2000 which, by virtue of that section, are concurrent functions of the CAA and the Director General of Fair Trading.

(4) However, when performing such a function the CAA may have regard to any matter in respect of which a duty is imposed by subsection (1) above if it is a matter to which the Director General of Fair Trading could have regard when performing that function.”

Commencement Information

I85 Sch. 8 para. 13 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Competition Act 1998 (c.41) U.K.

14 (1) Section 54 of the Competition Act 1998 (regulators) shall be amended as follows. U.K.

F31 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (4) after “Schedule 10” insert “ or by Chapter V of Part I of the Transport Act 2000 ”.

Textual Amendments

F31 Sch. 8 para. 14(2) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Commencement Information

I86 Sch. 8 para. 14 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F32 15 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32 Sch. 8 para. 15 repealed (20.6.2003) by The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003 (S.I. 2003/1400), art. 1, Sch. 5

16 (1) Schedule 13 to the Competition Act 1998 (transitionals and savings) shall be amended as follows. U.K.

(2) In paragraph 1(1) in the definition of “regulator” after “Schedule 10” insert “ and the Civil Aviation Authority ”.

(3) In paragraph 35(2) after paragraph (g) insert—

“(h) in the case of the Civil Aviation Authority, the supply of air traffic services within the meaning given by section 98 of the Transport Act 2000.”

Commencement Information

I87 Sch. 8 para. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Part V U.K. Hostilities etc

Civil Aviation Act 1982 (c.16) U.K.

17 (1) Section 6 of the Civil Aviation Act 1982 (directions in national interest etc) shall be amended as follows. U.K.

(2) In each of subsections (1) and (2) omit the words from “and in so far” to the end.

(3) After subsection (2) insert—

“(3) In so far as any directions given under this section conflict with the requirements of section 93 of the Transport Act 2000 or of an order under section 94 of that Act, the directions shall be disregarded.

(4) In so far as any directions given under this section conflict with the requirements of any enactment or instrument relating to the CAA (other than section 93 of the Transport Act 2000 or an order under section 94 of that Act) the requirements shall be disregarded.”

Commencement Information

I88 Sch. 8 para. 17 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

18 U.K. Sections 62 and 63 of the Civil Aviation Act 1982 (control in time of war or emergency) shall cease to have effect.

Airports Act 1986 (c.31) U.K.

19 (1) Section 30 of the Airports Act 1986 (directions in interests of national security etc) shall be amended as follows. U.K.

(2) After subsection (4) insert—

“(4A) In so far as any direction applying to an airport operator by virtue of subsection (1), (2) or (3) conflicts with the requirements of section 93 of the Transport Act 2000 or of an order under section 94 of that Act, the direction shall be disregarded.”

(3) In subsection (5) after “to him as an airport operator” insert “ (other than section 93 of the Transport Act 2000 or an order under section 94 of that Act) ”.

Commencement Information

I89 Sch. 8 para. 19 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Section 102.

SCHEDULE 9 U.K. Air traffic: information

Commencement Information

I90 Sch. 9 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Prohibition on disclosure U.K.

1 (1) This Schedule applies to information if— U.K.

(a) it was obtained under or by virtue of this Part, and

(b) it relates to the affairs of an individual or to a particular business.

(2) The information must not be disclosed during the lifetime of the individual or so long as the business is carried on, except as provided below.

Commencement Information

I91 Sch. 9 para. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Disclosure with consent U.K.

2 U.K. Paragraph 1(2) does not apply to a disclosure made with the consent of the individual or the person for the time being carrying on the business.

Commencement Information

I92 Sch. 9 para. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Other permitted disclosures U.K.

3 (1) Paragraph 1(2) does not apply to a disclosure made— U.K.

(a) for the purpose of facilitating the carrying out by the Secretary of State, the CAA or the [F33 Competition and Markets Authority] of any of his or their functions under this Part;

(b) for the purpose of facilitating the carrying out by a person or body mentioned in sub-paragraph (2) of any of his or its functions under an enactment or instrument specified in sub-paragraph (3);

(c) for the purpose of enabling or assisting the Secretary of State or the Treasury to exercise any powers conferred by the M48 Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency;

(d) for the purpose of enabling or assisting an inspector appointed under the enactments relating to companies to carry out his functions;

(e) for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the M49 Insolvency Act 1986 or Article 350 of the M50 Insolvency (Northern Ireland) Order 1989 to carry out its functions;

(f) for the purpose of facilitating the carrying out by F34 ... the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority (within the meaning of Part I of the M51 Health and Safety at Work etc. Act 1974) of any functions under a relevant statutory provision (within the meaning of that Act);

[F35 (fa) for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of any of its functions under any enactment;]

(g) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;

(h) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;

(i) for the purposes of any civil proceedings brought under or by virtue of this Part or any enactment or instrument specified in sub-paragraph (3);

(j) in pursuance of a [F36 EU] obligation;

F37 (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) by the Secretary of State, or with his consent, to an international organisation of which the United Kingdom is a member;

(m) in connection with negotiations conducted by officers of the Secretary of State with representatives of the government of a country or territory outside the United Kingdom;

(n) in connection with the discharge of an obligation of the United Kingdom under international arrangements;

(o) to a person to whom the information in question is required to be disclosed by regulations made in pursuance of section 7(2) of the M52 Civil Aviation Act 1982 (special provisions as respects certain functions);

(p) for the purposes of an investigation undertaken in pursuance of regulations made under section 75 of the M53 Civil Aviation Act 1982 (investigation of accidents).

(2) The persons and bodies are—

(a) any Minister of the Crown;

F38 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the [F39 Competition and Markets Authority];

[F40 (d) the Office of Communications;]

F41 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the Director General of Gas Supply;

[F42 (g) the Water Services Regulation Authority;]

(h) the Director General of Electricity Supply;

(i) the Coal Authority;

(j) the CAA;

(k) the [F43 Office of Rail and Road];

F44 (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) a local weights and measures authority in Great Britain.

(3) The enactments and instruments are—

(a) the M54 Trade Descriptions Act 1968;

(b) the M55 Fair Trading Act 1973;

(c) the M56 Consumer Credit Act 1974;

(d) the M57 Estate Agents Act 1979;

(e) the M58 Competition Act 1980;

(f) the M59 Telecommunications Act 1984;

(g) the M60 Airports Act 1986;

(h) the M61 Gas Act 1986;

(i) the M62 Insolvency Act 1986;

(j) the M63 Consumer Protection Act 1987;

(k) the M64 Electricity Act 1989;

(l) the M65 Broadcasting Act 1990;

F45 (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) the M66 Water Industry Act 1991;

(o) the M67 Water Resources Act 1991;

(p) the M68 Railways Act 1993;

(q) the M69 Coal Industry Act 1994;

[F46 (qa) the Broadcasting Act 1996;]

(r) the M70 Competition Act 1998;

[F47 (ra) the Enterprise Act 2002;]

[F48 (rb) the Communications Act 2003;]

[F49 (rb) the Water Act 2003;]

[F50 (rd) the Railways Act 2005;]

[F51 (re) the Airport Charges Regulations 2011;]

[F52 (rf) Part 1 of the Civil Aviation Act 2012;]

[F53 (rg) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013;]

[F54 (rh) the Water Act 2014;]

F55 (s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F56 (sa) any subordinate legislation made for the purpose of securing compliance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market;]

[F57 (t) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising;]

(u) any Air Navigation Order made under section 60 of the M71 Civil Aviation Act 1982.

Textual Amendments

F33 Words in Sch. 9 para. 3(1)(a) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 158(a) (with art. 3)

F34 Words in Sch. 9 para. 3(1)(f) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21, Sch. 2)

F35 Sch. 9 para. 3(1)(fa) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 76; S.I. 2014/251, art. 4

F36 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))

F37 Sch. 9 para. 3(1)(k) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 1 para. 9(3)(a) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)

F38 Sch. 9 para. 3(2)(b) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 158(b)(i) (with art. 3)

F39 Words in Sch. 9 para. 3(2)(c) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 158(b)(ii) (with art. 3)

F40 Sch. 9 para. 3(2)(d) substituted (25.7.2003 for specified purposes, 29.12.2003 for remaining purposes) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 166(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142

F41 Sch. 9 para. 3(2)(e) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F42 Sch. 9 para. 3(2)(g) substituted (1.4.2006) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 35(a); S.I. 2005/2714, art. 4(f)

F43 Words in Sch. 9 para. 3(2)(k) substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(p)(iii)

F44 Sch. 9 para. 3(2)(l) omitted (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 6 para. 22(12); S.I. 2015/1732, art. 2(e)(vi) (with art. 7)

F45 Sch. 9 para. 3(3)(m) omitted (1.10.2013) by virtue of The Property Misdescriptions Act 1991 (Repeal) Order 2013 (S.I. 2013/1575), art. 1, Sch. para. 3

F46 Sch. 9 para. 3(3)(qa) inserted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 166(3)(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F47 Sch. 9 para. 3(3)(ra) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(11)(a)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F48 Sch. 9 para. 3(3)(rb) inserted (25.7.2003 for specified purposes, 29.12.2003 for remaining purposes) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 166(3)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142

F49 Sch. 9 para. 3(3)(rb) inserted (1.4.2004) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 35(b); S.I. 2004/641, art. 3(y), Sch. 2 (with Sch. 3 para. 7)

F50 Sch. 9 para. 3(3)(rd) inserted (E.W.S.) (8.6.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(7); S.I. 2005/1444, art. 2(1), Sch. 1

F51 Sch. 9 para. 3(3)(re) inserted (10.11.2011) by The Airport Charges Regulations 2011 (S.I. 2011/2491), reg. 1(1), Sch. 3 para. 5

F52 Sch. 9 para. 3(3)(rf) inserted (6.4.2013) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 9 para. 12 (with Sch. 10 paras. 12, 17); S.I. 2013/589, art. 2(3)

F53 Sch. 9 para. 3(3)(rg) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 158(c) (with art. 3)

F54 Sch. 9 para. 3(3)(rh) inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 13

F55 Sch. 9 para. 3(3)(s) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 1 para. 9(3)(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)

F56 Sch. 9 para. 3(3)(sa) inserted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 62(a) (with reg. 28(2)(3))

F57 Sch. 9 para. 3(3)(t) substituted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 62(b) (with reg. 28(2)(3))

Modifications etc. (not altering text)

C1 Sch. 9 para. 3 modified (8.2.2007 immediately before the Wireless Telegraphy Act 2006 (c. 36) comes into force) by The Wireless Telegraphy (Pre-Consolidation Amendments) Order 2006 (S.I. 2006/1391), art. 1, Sch. para. 7(3)(h)

Commencement Information

I93 Sch. 9 para. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M48 1986 c. 60.

M49 1986 c. 45.

M50 S.I. 1989/2405 (N.I. 19).

M51 1974 c. 37.

M52 1982 c. 16.

M53 1982 c. 16.

M54 1968 c. 29.

M55 1973 c. 41.

M56 1974 c. 39.

M57 1979 c. 38.

M58 1980 c. 21.

M59 1984 c. 12.

M60 1986 c. 31.

M61 1986 c. 44.

M62 1986 c. 45.

M63 1987 c. 43.

M64 1989 c. 29.

M65 1990 c. 42.

M66 1991 c. 56.

M67 1991 c. 57.

M68 1993 c. 43.

M69 1994 c. 21.

M70 1998 c. 41.

M71 1982 c. 16.

4 U.K. The Secretary of State may by order amend paragraph 3.

Commencement Information

I94 Sch. 9 para. 4 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Other exceptions U.K.

5 (1) Paragraph 1(2) does not limit— U.K.

(a) the information which may be included in a report of the [F58 Competition and Markets Authority] on a reference under section 12;

(b) the information or advice which may be published by the CAA under section 90.

(2) Paragraph 1(2) does not apply to—

(a) information which has been published in a report published under section 13;

(b) information which has otherwise been made available to the public by being disclosed in circumstances in which, or for a purpose for which, disclosure is not precluded by this Schedule.

(3) Information obtained by the CAA in exercising functions which are exercisable concurrently with [F59 the Competition and Markets Authority] under Part I of the M72 Competition Act 1998 is subject to [F60 Part 9 of the Enterprise Act 2002 (Information)] and not to paragraph 1(2).

Textual Amendments

F58 Words in Sch. 9 para. 5(1)(a) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 158(d) (with art. 3)

F59 Words in Sch. 9 para. 5(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 158(e) (with art. 3)

F60 Words in Sch. 9 para. 5(3) substituted (20.6.2003) by The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003 (S.I. 2003/1400), art. 1, Sch. 6

Commencement Information

I95 Sch. 9 para. 5 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M72 1998 c. 41.

Offence U.K.

6 U.K. A person who discloses information in contravention of this Schedule is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

Commencement Information

I96 Sch. 9 para. 6 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Section 153.

SCHEDULE 10 E+W Competition test for exercise of bus functions

[F61 Part 1 E+W Test for exercise of bus functions by local authorities

Textual Amendments

F61 Sch. 10 Pt. 1 heading substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Functions to which this Part of this Schedule applies] E+W

1 (1) The functions to which [F62 this Part of] this Schedule applies are those of— E+W

[F63 (za) making and varying advanced quality partnership schemes,]

(a) making and varying quality partnership schemes,

[F64 (aa) making and varying advanced ticketing schemes,]

(b) making and varying ticketing schemes,

[F65 (ba) making and varying enhanced partnership schemes,] and

(c) inviting and accepting tenders under section 89 or 91 of the M73 Transport Act 1985 (subsidised services).

(2) For the purposes of [F66 this Part of] this Schedule an authority proposes (or authorities propose) to exercise a function to which [F67 this Part of] this Schedule applies—

[F68 (za) in the case of the function of making or varying an advanced quality partnership scheme, once notice of a proposal to make or vary it has been given under section 113G(1),]

(a) in the case of the function of making or varying a quality partnership scheme, once notice of a proposal to make or vary it has been given under section 115(1),

[F69 (aa) in the case of the function of making or varying an advanced ticketing scheme, once notice of a proposal to make or vary it has been given under section 134D(1),]

(b) in the case of the function of making or varying a ticketing scheme, once notice of a proposal to make or vary it has been given under section 136(1),

[F70 (ba) in the case of the function of making or varying an enhanced partnership scheme, once notice of a proposal to make or vary it has been given under section 138F(1) or 138L(1),] and

(c) in the case of the function of inviting or accepting tenders under section 89 or 91 of the M74 Transport Act 1985, once it is proposed to invite tenders under section 89(2) or 91(3) of that Act or to accept or not to accept a tender under section 89 of that Act.

Textual Amendments

F62 Words in Sch. 10 para. 1(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 3(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F63 Sch. 10 para. 1(1)(za) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 11(2)(a)

F64 Sch. 10 para. 1(1)(aa) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 8(2)(a)

F65 Sch. 10 para. 1(1)(ba) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 9(2)(a)

F66 Words in Sch. 10 para. 1(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 3(3)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F67 Words in Sch. 10 para. 1(2) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 3(3)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F68 Sch. 10 para. 1(2)(za) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 11(2)(b)

F69 Sch. 10 para. 1(2)(aa) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 8(2)(b)

F70 Sch. 10 para. 1(2)(ba) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 9(2)(b)

Commencement Information

I97 Sch. 10 para. 1 partly in force; Sch. 10 para. 1 not in force at Royal Assent see s. 275(1); Sch. 10 para. 1(1)(b)(c)(2)(b)(c) in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 1(1)(b)(c)(2)(b)(c) in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Marginal Citations

M73 1985 c. 67.

M74 1985 c. 67.

Competition test E+W

2 (1) For the purposes of [F71 this Part of] this Schedule the exercise or proposed exercise of a function to which [F72 this Part of] this Schedule applies meets the competition test unless it— E+W

(a) has or is likely to have a significantly adverse effect on competition, and

(b) is not justified by sub-paragraph (2).

(2) The exercise or proposed exercise of a function is justified if—

(a) it is with a view to achieving one or more of the purposes specified in sub-paragraph (3), and

(b) its effect on competition is or is likely to be proportionate to the achievement of that purpose or any of those purposes.

(3) The purposes referred to in sub-paragraph (2) are—

(a) securing improvements in the quality of vehicles or facilities used for or in connection with the provision of local services,

(b) securing other improvements in local services of F73 ... benefit to users of local services, and

(c) reducing or limiting traffic congestion, noise or air pollution.

Textual Amendments

F71 Words in Sch. 10 para. 2(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 4(2)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F72 Words in Sch. 10 para. 2(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 4(2)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F73 Word in Sch. 10 para. 2(3)(b) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 4(3), Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Commencement Information

I98 Sch. 10 para. 2 wholly in force at 1.8.2001; Sch. 10 para. 2 not in force at Royal Assent see s. 275(1); Sch. 10 para. 2 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 2 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Applications to [F74 OFT] for decision E+W

Textual Amendments

F74 Word in Sch. 10 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F75 3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75 Sch. 10 para. 3 repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 5, Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Commencement Information

I99 Sch. 10 para. 3 wholly in force at 1.8.2001; Sch. 10 para. 3 not in force at Royal Assent see s. 275(1); Sch. 10 para. 3 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 3 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

F76 4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 Sch. 10 para. 4 repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 5, Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Commencement Information

I100 Sch. 10 para. 4 wholly in force at 1.8.2001; Sch. 10 para. 4 not in force at Royal Assent see s. 275(1); Sch. 10 para. 4 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 4 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Investigations by [F77 CMA] E+W

Textual Amendments

F77 Word in Sch. 10 para. 5 cross-heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

5 E+W If at any time [F78 the [F79 Competition and Markets Authority] (in this Schedule referred to as “the [F80 CMA]”)] considers that the exercise or proposed exercise of a function to which [F81 this Part of] this Schedule applies may not meet the competition test, [F82 it] may conduct an investigation.

Textual Amendments

F78 Words in Sch. 10 para. 5 substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 6(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F79 Words in Sch. 10 para. 5 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F80 Word in Sch. 10 para. 5 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F81 Words in Sch. 10 para. 5 inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 6(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F82 Word in Sch. 10 para. 5 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(e); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Commencement Information

I101 Sch. 10 para. 5 wholly in force at 1.8.2001; Sch. 10 para. 5 not in force at Royal Assent see s. 275(1); Sch. 10 para. 5 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 5 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

6 (1) For the purposes of an investigation under paragraph 5 the [F83 CMA] may require any person— E+W

(a) to produce to [F84 it] or to a person appointed by [F84 it], at a specified time and place, any specified document, or

(b) to provide [F84 it] or such a person, at such a time and place, any specified information,

which [F83 CMA] considers relates to any matter relevant to the investigation.

(2) The power conferred by sub-paragraph (1) is to be exercised by a notice in writing indicating the subject matter and purpose of the investigation; and in this paragraph “specified” means—

(a) specified, or described, in the notice, or

(b) falling within a category which is specified, or described, in the notice.

(3) Information required to be provided under sub-paragraph (1) shall be provided in the specified manner and form.

(4) The power conferred by sub-paragraph (1) to require a person to produce a document includes power—

(a) to require him to provide an explanation of the document, or

(b) if the document is not produced, to require him to state, to the best of his knowledge and belief, where it is.

(5) In this paragraph “information” includes estimates and forecasts.

Textual Amendments

F83 Word in Sch. 10 para. 6 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F84 Words in Sch. 10 para. 6(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(f); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Commencement Information

I102 Sch. 10 para. 6 wholly in force at 1.8.2001; Sch. 10 para. 6 not in force at Royal Assent see s. 275(1); Sch. 10 para. 6 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 6 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

7 (1) If a person refuses or fails to comply with a notice under paragraph 6, the [F85 CMA] may certify that fact in writing to the High Court which may enquire into the case. E+W

(2) If after hearing—

(a) any witness who may be produced against or on behalf of the person, and

(b) any statement which may be offered in defence,

the High Court is satisfied that the person did not have a reasonable excuse for refusing or failing to comply with the notice, the High Court may punish him as if he had been guilty of contempt of court.

Textual Amendments

F85 Word in Sch. 10 para. 7 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement Information

I103 Sch. 10 para. 7 wholly in force at 1.8.2001; Sch. 10 para. 7 not in force at Royal Assent see s. 275(1); Sch. 10 para. 7 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 7 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

8 (1) A person shall not be required under paragraph 6 to produce or disclose a privileged communication. E+W

(2) In sub-paragraph (1) “privileged communication” means a communication—

(a) between a professional legal adviser and his client, or

(b) made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,

which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege.

Commencement Information

I104 Sch. 10 para. 8 wholly in force at 1.8.2001; Sch. 10 para. 8 not in force at Royal Assent see s. 275(1); Sch. 10 para. 8 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 8 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

9 E+W Before the [F86 CMA], as the result of an investigation under paragraph 5, makes a decision that the exercise or proposed exercise of a function does not meet the competition test, [F87 the [F86 CMA]] must—

(a) give written notice to the person or persons likely to be affected by the proposed decision, and

(b) give that person or those persons an opportunity to make representations.

Textual Amendments

F86 Word in Sch. 10 para. 9 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F87 Words in Sch. 10 para. 9 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(g); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Commencement Information

I105 Sch. 10 para. 9 wholly in force at 1.8.2001; Sch. 10 para. 9 not in force at Royal Assent see s. 275(1); Sch. 10 para. 9 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 9 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Decisions E+W

10 E+W When the [F88 CMA] makes a decision—

F89 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) after an investigation under paragraph 5,

[F90 the [F88 CMA]] must publish [F90 its] decision, together with [F90 its] reasons for making it.

Textual Amendments

F88 Word in Sch. 10 para. 10 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F89 Sch. 10 para. 10(a) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 7, Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F90 Words in Sch. 10 para. 10 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(h); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

Commencement Information

I106 Sch. 10 para. 10 wholly in force at 1.8.2001; Sch. 10 para. 10 not in force at Royal Assent see s. 275(1); Sch. 10 para. 10 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 10 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

F91 11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91 Sch. 10 para. 11 repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 8, Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Commencement Information

I107 Sch. 10 para. 11 wholly in force at 1.8.2001; Sch. 10 para. 11 not in force at Royal Assent see s. 275(1); Sch. 10 para. 11 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 11 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Enforcement of decisions E+W

12 (1) If the [F92 CMA] has made a decision that the exercise or proposed exercise of a function to which [F93 this Part of] this Schedule applies does not meet the competition test, [F94 the [F92 CMA]] may give to the authority or authorities by which it was or was to be exercised such directions as [F94 the [F92 CMA]] considers appropriate. E+W

(2) A direction under sub-paragraph (1) may (in particular)—

(a) in the case of a proposal to exercise a function, include provision prohibiting the exercise of the function in the manner proposed,

(b) in the case of the exercise of the function of making or varying [F95 an advanced quality partnership scheme,] a quality partnership scheme [F96 , an advanced ticketing scheme] [F97 , a ticketing scheme or an enhanced partnership scheme], include provision requiring the variation or revocation of the scheme,

(c) in the case of the exercise of the function of inviting tenders under section 89(2) or 91(3) of the M75 Transport Act 1985, include provision requiring the variation or withdrawal of the invitation, and

(d) in the case of the exercise of the function of accepting or not accepting a tender under section 89 or 91 of that Act, include provision requiring the variation or termination of any agreement entered into by accepting the tender or requiring the acceptance of any tender.

(3) A direction under sub-paragraph (1) must be given in writing.

(4) If an authority fails, without reasonable excuse, to comply with a direction under sub-paragraph (1), the [F92 CMA] may apply to the High Court for an order requiring the authority to comply with the direction within a time specified in the order.

(5) An order under sub-paragraph (4) may provide for all of the costs of, or incidental to, the application for the order to be borne by the authority.

Textual Amendments

F92 Word in Sch. 10 paras. 12-14 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F93 Words in Sch. 10 para. 12(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 9; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F94 Words in Sch. 10 para. 12(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(j); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F95 Words in Sch. 10 para. 12(2)(b) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 11(3)

F96 Words in Sch. 10 para. 12(2)(b) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 3 para. 8(3)

F97 Words in Sch. 10 para. 12(2)(b) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 9(3)

Commencement Information

I108 Sch. 10 para. 12 partly in force; Sch. 10 para. 12 not in force at Royal Assent see s. 275(1); Sch. 10 para. 12 in force (E.)(except the words “a quality partnership scheme or” in para. 12(2))(E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 12 in force (W.)(except the words “a quality partnership scheme or” in para. 12(2)) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Marginal Citations

M75 1985 c. 67.

Information E+W

13 (1) No information which— E+W

(a) has been obtained by the [F92 CMA] in connection with [F98 its] functions under [F99 this Part of] this Schedule, and

(b) relates to the affairs of any individual or to any particular business,

is to be disclosed during the lifetime of that individual or while that business continues to be carried on, unless the condition mentioned in sub-paragraph (2) is satisfied.

(2) The condition is that consent to the disclosure has been obtained from—

(a) the person from whom the information was obtained, and

(b) if different, the individual to whose affairs the information relates or the person for the time being carrying on the business to which the information relates.

(3) Sub-paragraph (1) does not apply to a disclosure of information—

(a) made for the purpose of facilitating the performance of any function of the [F92 CMA], a traffic commissioner or the [F100 Office of Rail and Road],

(b) made for the purpose of facilitating the performance of any function of the European Commission in respect of [F36 EU] law about competition,

(c) made for the purpose of criminal proceedings in any part of the United Kingdom or in connection with the investigation of a criminal offence triable in any part of the United Kingdom, or

(d) made in compliance with the order of a court or tribunal.

(4) If information is disclosed to the public in circumstances in which the disclosure does not contravene sub-paragraph (1), that sub-paragraph does not prevent its further disclosure by any person.

(5) A person who contravenes this paragraph is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F36 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))

F92 Word in Sch. 10 paras. 12-14 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F98 Word in Sch. 10 paras. 13-15 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(k); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F99 Words in Sch. 10 para. 13(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 10; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F100 Words in Sch. 10 para. 13(3)(a) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(p)(iv)

Modifications etc. (not altering text)

C2 Sch. 10 para. 13(3): Disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2)(a), Sch. 4 Pt. I para. 53(2)

Commencement Information

I109 Sch. 10 para. 13 wholly in force at 1.8.2001; Sch. 10 para. 13 not in force at Royal Assent see s. 275(1); Sch. 10 para. 13 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 13 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

14 (1) If information is provided by a person to the [F92 CMA] in connection with [F98 its] functions under [F101 this Part of] this Schedule, the person is guilty of an offence if— E+W

(a) the information is false or misleading in a material particular, and

(b) the person knows that it is or is reckless as to whether it is.

(2) If a person—

(a) provides any information to another person, knowing the information to be false or misleading in a material particular, or

(b) recklessly provides to another person any information which is false or misleading in a material particular,

knowing that the information is to be used for the purpose of providing information to the [F92 CMA] in connection with [F98 its] functions under [F101 this Part of] this Schedule, the person is guilty of an offence.

(3) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F92 Word in Sch. 10 paras. 12-14 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F98 Word in Sch. 10 paras. 13-15 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(k); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F101 Words in Sch. 10 para. 14 inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 11; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Commencement Information

I110 Sch. 10 para. 14 wholly in force at 1.8.2001; Sch. 10 para. 14 not in force at Royal Assent see s. 275(1); Sch. 10 para. 14 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 14 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

[F102 Advice and information E+W

Textual Amendments

F102 Sch. 10 para. 14A and cross-heading inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 12; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

14A (1) As soon as is reasonably practicable after the passing of the Local Transport Act 2008, the OFT must prepare and publish advice and information about— E+W

(a) the application of the competition test,

(b) the enforcement of decisions regarding that test.

(2) The [F103 CMA] may at any time publish revised, or new, advice or information.

(3) Advice and information published under this paragraph must be prepared with a view to—

(a) explaining provisions of this Part of this Schedule to persons who are likely to be affected by them, and

(b) indicating how the [F103 CMA] expects such provisions to operate.

(4) Advice (or information) published by virtue of sub-paragraph (3)(b) may include advice (or information) about the factors which the [F103 CMA] may take into account in considering whether, and if so how, to exercise a power conferred on it by this Part of this Schedule.

(5) Any advice or information published by the [F103 CMA] under this paragraph is to be published in such form and in such manner as it considers appropriate.

(6) If the [F103 CMA] is preparing any advice or information under this paragraph it must consult such persons as it considers appropriate.]

Textual Amendments

F103 Words in Sch. 10 paras. 14A(2)-(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Defamation E+W

15 E+W For the purposes of the law relating to defamation, absolute privilege attaches to any decision made or notice given [F104 , and to any advice or information given,] by the [F105 CMA] in the exercise of any of [F98 its] functions under [F106 this Part of] this Schedule.

Textual Amendments

F98 Word in Sch. 10 paras. 13-15 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(k); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F104 Words in Sch. 10 para. 15 inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 13(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F105 Word in Sch. 10 para. 15 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F106 Words in Sch. 10 para. 15 inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 13(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Commencement Information

I111 Sch. 10 para. 15 wholly in force at 1.8.2001; Sch. 10 para. 15 not in force at Royal Assent see s. 275(1); Sch. 10 para. 15 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 15 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

Fees E+W

16 (1) The [F107 CMA] may charge fees in connection with the exercise by [F108 the [F107 CMA]] of any of [F108 its] functions under [F109 this Part of] this Schedule. E+W

(2) Different fees may be charged in connection with different functions and in different circumstances.

F110 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F107 Word in Sch. 10 para. 16 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 96(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F108 Words in Sch. 10 para. 16 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(12)(l); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F109 Words in Sch. 10 para. 16(1) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 14(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

F110 Sch. 10 para. 16(3) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 2 para. 14(3), Sch. 7 Pt. 2; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Commencement Information

I112 Sch. 10 para. 16 wholly in force at 1.8.2001; Sch. 10 para. 16 not in force at Royal Assent see s. 275(1); Sch. 10 para. 16 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 10 para. 16 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 8

[F111 Part 2 E+W Test for certain agreements, decisions and practices

Textual Amendments

F111 Sch. 10 Pt. 2 inserted (26.11.2008 for specified purposes, 9.2.2009 for E. in so far as not already in force, 1.4.2009 for W. in so far as not already in force) by Local Transport Act 2008 (c. 26), s. 134(1)(c)(4), Sch. 2 para. 15; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)

Interpretation E+W

17 (1) This paragraph applies for the purposes of the interpretation of this Part of this Schedule. E+W

(2) A voluntary multilateral agreement (a “VMA”) is a voluntary partnership agreement (within the meaning given by section 153) to which two or more operators of local services are parties.

(3) A voluntary bilateral agreement (a “VBA”) is a voluntary partnership agreement (within the meaning given by that section) to which only one operator of local services is a party.

(4) In this Part of this Schedule—

(a) a “qualifying agreement” is an agreement between bus undertakings only;

(b) a “qualifying decision” is so much of any decision by an association of undertakings as relates to the operation of local services;

(c) a “qualifying practice” is a concerted practice by bus undertakings only.

(5) For the purposes of sub-paragraph (4)—

(a) a bus undertaking is an undertaking which is the operator of a local service;

(b) the involvement of a local authority which is not a bus undertaking is to be disregarded;

(c) [F112 an advanced quality partnership scheme,] a quality partnership scheme [F113 , an enhanced partnership scheme] or voluntary partnership agreement is not to be regarded as a qualifying agreement, qualifying decision or qualifying practice.

(6) In sub-paragraph (5)(b) “local authority” means—

(a) a local transport authority;

(b) a district council in England.

(7) A provision of this Part of this Schedule which is expressed to apply to, or in relation to, a qualifying agreement is to be read as applying equally to, or in relation to, a qualifying decision or a qualifying practice (but with any necessary modifications).

(8) A reference to the area of an authority—

(a) in relation to a VMA or VBA, is a reference to the area of a local transport authority who are a party to the agreement;

(b) in relation to a qualifying agreement, is a reference to the area of a local transport authority in whose area the agreement is, or is to be, implemented.

(9) The “bus improvement objectives” are—

(a) securing improvements in the quality of vehicles or facilities used for or in connection with the provision of local services,

(b) securing other improvements in local services of benefit to users of local services, and

(c) reducing or limiting traffic congestion, noise or air pollution.

Textual Amendments

F112 Words in Sch. 10 para. 17(5)(c) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 1 para. 11(4)

F113 Words in Sch. 10 para. 17(5)(c) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), s. 26(3), Sch. 4 para. 9(4)

Agreements, decisions and practices to which this Part of this Schedule applies E+W

18 (1) This Part of this Schedule applies to— E+W

(a) VMAs or VBAs falling within sub-paragraph (2), and

(b) qualifying agreements falling within sub-paragraph (3).

This paragraph is subject to paragraph 19.

(2) A VMA or VBA falls within this sub-paragraph if it has as its object or effect the prevention, restriction or distortion of competition in the area of the authority, or the combined area of the authorities.

(3) A qualifying agreement falls within this sub-paragraph if—

(a) it has as its object or effect the prevention, restriction or distortion of competition in the area of the authority, or the combined area of the authorities, but

(b) the authority, or any of the authorities, has certified that they have considered all the terms and effects (or likely effects) of the agreement and that in their opinion the requirements mentioned in sub-paragraph (4) are satisfied.

(4) The requirements are that the agreement—

(a) is in the interests of persons using local services within the area of the authority, or the combined area of the authorities, and

(b) does not impose on the undertakings concerned restrictions that are not indispensable to the attainment of the bus improvement objectives.

(5) For the purposes of sub-paragraph (2)—

(a) the object or effect of a VMA may be considered either on its own or together with one or more other VMAs, VBAs or qualifying agreements;

(b) the object or effect of a VBA is to be considered together with one or more VMAs, other VBAs or qualifying agreements.

(6) For the purposes of sub-paragraph (3) the object or effect of a qualifying agreement may be considered either on its own or together with one or more VMAs, VBAs or other qualifying agreements.

19 (1) This Part of this Schedule does not apply to a VMA, VBA or qualifying agreement if it (or any of its provisions) constitutes a price-fixing agreement within the meaning given by section 39(9) of the Competition Act 1998. E+W

(2) Where the standard of services specified in a VMA or VBA includes any requirement as to maximum fares (see section 153(3)), any provision of that agreement relating to the setting, review or revision of the maximum fare is not to be regarded as constituting a price-fixing agreement for the purposes of sub-paragraph (1).

The prohibition E+W

20 (1) Any VMA, VBA or qualifying agreement to which this Part of this Schedule applies is prohibited unless it is exempt in accordance with the provisions of this Part of this Schedule. E+W

(2) The prohibition in sub-paragraph (1) applies in place of the Chapter 1 prohibition.

(3) The Chapter 1 prohibition is the prohibition imposed by section 2(1) of the Competition Act 1998.

Agreements and decisions void E+W

21 E+W Any agreement or decision which is prohibited by paragraph 20 is void.

Exempt agreements E+W

22 (1) A VMA, VBA or qualifying agreement to which this Part of this Schedule applies is exempt if— E+W

(a) it contributes to the attainment of one or more of the bus improvement objectives,

(b) it does not impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives, and

(c) it does not afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the services in question.

(2) In any proceedings in which it is alleged that the prohibition in paragraph 20 is being or has been infringed by a VMA, VBA or qualifying agreement any undertaking or association of undertakings claiming the benefit of sub-paragraph (1) shall bear the burden of proving that the conditions of that sub-paragraph are satisfied.

Application of provisions of Competition Act 1998 E+W

23 (1) The provisions of Part 1 of the Competition Act 1998 (“the 1998 Act”) specified in sub-paragraph (2) apply in relation to the prohibition in paragraph 20 (and a VMA, VBA or qualifying agreement to which this Part of this Schedule applies) as those provisions apply in relation to the Chapter 1 prohibition (and an agreement to which the provisions of that Chapter apply). E+W

(2) The provisions are—

(a) in Chapter 1, sections 3, 6, 8, 10 [F114 and 10A] (excluded agreements and exemptions);

(b) Chapter 3 (investigations and enforcement), except sections 36 to 39 (penalties);

(c) in Chapter 4, sections 46 to 49 (appeals) [F115 , except section 47F and Schedule 8A];

(d) Chapter 5 (miscellaneous), except section 54 (regulators).

(3) The application, by virtue of sub-paragraph (2)(d), of Chapter 5 includes section 52(1) of the 1998 Act; but this is subject to the following modifications—

(a) the reference to the passing of the 1998 Act is to be read as a reference to the passing of the Local Transport Act 2008;

(b) the reference to the Director is to be read as a reference to the OFT.

(4) The application, in accordance with sub-paragraph (1), of the provisions mentioned in sub-paragraph (2) is to be subject to such further modifications as the Secretary of State may by order provide.]

Textual Amendments

F114 Words in Sch. 10 para. 23(2)(a) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 1 para. 9(4) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)

F115 Words in Sch. 10 para. 23(2)(c) inserted (9.3.2017) by The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 2 para. 10(1)

Section 161.

SCHEDULE 11 E+W Minor and consequential amendments about local transport

Finance Act 1965 (c.25) E+W

1 E+W In section 92(8) of the Finance Act 1965 (grants towards duty charged on bus fuel), in the definition of “bus service”—

(a) in paragraph (a), after “Act” insert “ or provided under a quality contract (within the meaning of Part II of the Transport Act 2000) ”, and

(b) in paragraph (b), for “II of that Act” substitute “ II of the M76 Transport Act 1985 ”.

Commencement Information

I113 Sch. 11 para. 1 wholly in force at 26.10.2001; Sch. 11 para. 1 not in force at Royal Assent see s. 275(1); Sch. 11 para. 1 in force (W.) at 1.8.2001 by S.I 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 1 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

Marginal Citations

M76 1985 c. 67.

Transport Act 1968 (c.73) E+W

2 E+W The Transport Act 1968 has effect subject to the following amendments.

Commencement Information

I114 Sch. 11 para. 2 wholly in force at 1.8.2001; Sch. 11 para. 2 not in force at Royal Assent see s. 275(1); Sch. 11 para. 2 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 2 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11

3 (1) Section 9A (general functions of Passenger Transport Authorities and Executives) is amended as follows. E+W

(2) Omit subsections (1) and (2).

(3) For subsection (3) substitute—

“(3) It shall be the duty of the Executive for each passenger transport area in England to secure the provision of such public passenger transport services as the Authority for the area consider it appropriate for the Executive to secure for meeting any public transport requirements within the area which in the Authority’s view would not be met apart from any action taken by the Executive for that purpose.

(3A) The Authority shall seek and have regard to the advice of the Executive for their area in determining which services it would be appropriate for the Executive to secure under subsection (3) of this section.”

(4) In subsection (6), for the words following paragraph (b) substitute “ to have regard to a combination of economy, efficiency and effectiveness. ”

(5) [F116 In subsection (7), insert at the end “ and to the bus strategy made jointly by the Authority and the councils for the metropolitan districts comprised in the area. ”]

Textual Amendments

F116 Sch. 11 para. 3(5) repealed (31.1.2010 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 1; S.I. 2009/3294, art. 2(d)

Commencement Information

I115 Sch. 11 para. 3 wholly in force at 1.8.2001; Sch. 11 para. 3 not in force at Royal Assent see s. 275(1); Sch. 11 para. 3 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 3 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11

4 E+W Omit section 9B (consultation and publicity with respect to policies as to services).

Commencement Information

I116 Sch. 11 para. 4 wholly in force at 1.8.2001; Sch. 11 para. 4 not in force at Royal Assent see s. 275(1); Sch. 11 para. 4 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 4 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11

Local Government Act 1972 (c.70) E+W

5 E+W In section 97 of the Local Government Act 1972 (exceptions from prohibition on member of local authority discussing and voting on matters in which he has pecuniary interest), after subsection (6) insert—

“(7) Section 94 above shall not prohibit a director of a public transport company, or a subsidiary of such a company, who is neither—

(a) paid for acting as such; nor

(b) an employee of the public transport company or subsidiary,

from taking part in the consideration or discussion of, or from voting on any question with respect to, a local transport plan or bus strategy; and in this subsection “public transport company” and “subsidiary” have the same meanings as in Part IV of the M77 Transport Act 1985.”

Commencement Information

I117 Sch. 11 para. 5 wholly in force at 1.8.2001; Sch. 11 para. 5 not in force at Royal Assent see s. 275(1); Sch. 11 para. 5 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 2 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11

Marginal Citations

M77 1985 c. 67.

Road Traffic Regulation Act 1984 (c.27) E+W

6 E+W The Road Traffic Regulation Act 1984 has effect subject to the following amendments.

Commencement Information

I118 Sch. 11 para. 6 wholly in force at 26.10.2001; Sch. 11 para. 6 not in force at Royal Assent see s. 275(1); Sch. 11 para. 6 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 6 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

7 E+W In section 1 (traffic regulation orders), after subsection (3) insert—

“(3A) A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Secretary of State or the National Assembly for Wales is the traffic authority if—

(a) the order is required for the provision of facilities pursuant to a quality partnership scheme under Part II of the Transport Act 2000, and

(b) the Secretary of State, or the National Assembly for Wales, consents.”

Commencement Information

I119 Sch. 11 para. 7 wholly in force at 26.10.2001; Sch. 11 para. 7 not in force at Royal Assent see s. 275(1); Sch. 11 para. 7 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 7 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

8 (1) Paragraph 27 of Schedule 9 (variation and revocation of orders) is amended as follows. E+W

(2) In sub-paragraph (1), for “sub-paragraph (2)” substitute “ sub-paragraphs (2) and (3) ”.

(3) After sub-paragraph (2) insert—

“(3) Where an order is required for the provision of facilities pursuant to a quality partnership scheme made under Part II of the Transport Act 2000 by more than one authority—

(a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the National Assembly for Wales unless he or it has consulted the other authority or authorities who made the scheme, and

(b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.”

Commencement Information

I120 Sch. 11 para. 8 wholly in force at 26.10.2001; Sch. 11 para. 8 not in force at Royal Assent see s. 275(1); Sch. 11 para. 8 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 8 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

Transport Act 1985 (c.67) E+W

9 E+W The Transport Act 1985 has effect subject to the following amendments.

Commencement Information

I121 Sch. 11 para. 9 wholly in force at 1.8.2001; Sch. 11 para. 9 not in force at Royal Assent see s. 275(1); Sch. 11 para. 9 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 2 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11

10 (1) Section 26(1) (conditions attached to PSV operator’s licence) is amended as follows. E+W

(2) In paragraph (b), after “section” insert “ or section 118(4) or 129(1)(b) of the Transport Act 2000 ”.

(3) After that paragraph insert “; or

(ba) the operator has failed to comply with section 138 or 140(3) of that Act;”.

Commencement Information

I122 Sch. 11 para. 10 wholly in force; Sch. 11 para. 10 not in force at Royal Assent see s. 275(1); Sch. 11 para. 10(1)(3) in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 10 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 10(2) in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

11 (1) Section 63 (functions of local councils with respect to passenger transport in areas other than passenger transport areas) is amended as follows. E+W

(2) In subsection (1), omit paragraph (b) and the word “and” before it.

(3) In subsection (3)—

(a) omit “(1)(b) or” and “(1)(a) or”,

(b) in paragraph (a), omit “as a local education authority or (as the case may be)”, and

(c) in paragraph (b), omit “social services or (as the case may be)”.

(4) In subsection (7), for the words from “so to conduct” to the end substitute “ to have regard to a combination of economy, efficiency and effectiveness. ”

(5) [F117 In subsection (8), at end insert “ and to the appropriate bus strategy. ”]

(6) [F117 After that subsection insert—

“(8A) In subsection (8) “the appropriate bus strategy” means—

(a) in the case of a council which is a local transport authority (within the meaning of section 108(4) of the Transport Act 2000), their bus strategy;

(b) in the case of a district council which is not such an authority, the bus strategy of the council for the county in which the district is situated.”]

Textual Amendments

F117 Sch. 11 para. 11(5)(6) repealed (31.1.2010 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 1; S.I. 2009/3294, art. 2(d)

Commencement Information

I123 Sch. 11 para. 11 wholly in force at 1.8.2001; Sch. 11 para. 11 not in force at Royal Assent see s. 275(1); Sch. 11 para. 11 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 11 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11

12 (1) Section 64 (consultation and publicity with respect to policies as to services) is amended as follows. E+W

(2) In subsection (1)—

(a) for “63(1)(b) or (2)(b)” substitute “ 63(2)(b) ”,

(b) for “either of those provisions” substitute “ that provision ”, and

(c) omit the words following paragraph (b).

(3) In subsection (2), omit “under section 63(1)(a) or (as the case may be)”.

Commencement Information

I124 Sch. 11 para. 12 wholly in force; Sch. 11 para. 12 not in force at Royal Assent see s. 275(1); Sch. 11 para. 12 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 2 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11

F118 13 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118 Sch. 11 para. 13 repealed (9.2.2009 for E., 31.1.2010 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 7 Pt. 3; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/3294, art. 2(d)

14 E+W In section 82 (bus stations: restrictions on discriminatory practices), after subsection (4) insert—

“(4A) Nothing done pursuant to a quality partnership scheme under Part II of the Transport Act 2000 by—

(a) a Passenger Transport Executive,

(b) a local authority, or

(c) a person to whom subsection (3) above applies,

shall be taken to be discrimination prohibited by subsection (1) or (3) above.”

Commencement Information

I125 Sch. 11 para. 14 wholly in force at 26.10.2001; Sch. 11 para. 14 not in force at Royal Assent see s. 275(1); Sch. 11 para. 14 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 14 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

15 E+W In section 93(7) (persons eligible to receive travel concessions under local scheme), for paragraphs (d) and (e) substitute—

“(d) persons who are blind;

(e) persons who are partially sighted;

(ea) persons who are deaf;

(eb) persons who are without speech;

(ec) persons who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk;

(ed) persons who do not have arms or have long-term loss of the use of both arms;

(ee) persons who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning;

(ef) persons who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the M78 Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol;

(eg) any person travelling as the companion of a person who—

(i) is eligible to receive travel concessions by virtue of any other paragraph of this subsection; and

(ii) requires the assistance of a companion in order to travel on journeys on public passenger transport services;”.

Commencement Information

I126 Sch. 11 para. 15 wholly in force at 1.4.2002; Sch. 11 para. 15 not in force at Royal Assent see. S. 275; Sch. 11 para. 15 in force (E.) at 1.6.2001 by S.I. 2000/3229, art. 2, Sch. Pt. IV; Sch. 11 para. 15 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2

Marginal Citations

M78 1988 c. 52.

16 E+W In section 94(4) (definition of eligible service), for the words from “a service is” to the end substitute ““eligible service” means—

(a) until section 92 of the M79 Finance Act 1965 (grants towards duty charged on bus fuel) ceases to have effect as a result of section 154(6) of the Transport Act 2000, a service qualifying for fuel duty grant, and

(b) after that time, a service using public service vehicles of a class specified in an order made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).”

Commencement Information

I127 Sch. 11 para. 16 wholly in force at 1.4.2002; Sch. 11 para. 16 not in force at Royal Assent see. S. 275; Sch. 11 para. 16 in force (E.) at 1.6.2001 by S.I. 2000/3229, art. 2, Sch. Pt. IV; Sch. 11 para. 16 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2

Marginal Citations

M79 1965 c. 25.

17 E+W In section 103(3) (no subsidies for concessions available under a scheme), insert at the end “ or under section 145(1) of the Transport Act 2000. ”

Commencement Information

I128 Sch. 11 para. 17 wholly in force at 1.4.2002; Sch. 11 para. 17 not in force at Royal Assent see. S. 275; Sch. 11 para. 17 in force (E.) at 1.6.2001 by S.I. 2000/3229, art. 2, Sch. Pt. IV; Sch. 11 para. 17 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2

18 (1) Section 104 (travel concessions on services provided by Passenger Transport Executives) is amended as follows. E+W

(2) In subsection (1), for the words from “other than” to “that section” substitute “ otherwise than in accordance with a scheme established under section 93 of this Act or in accordance with section 145(1) of the Transport Act 2000 ”.

(3) In subsection (2), after paragraph (a) insert—

“(aa) in accordance with section 145(1) of the Transport Act 2000; or”.

Commencement Information

I129 Sch. 11 para. 18 wholly in force at 1.4.2002; Sch. 11 para. 18 not in force at Royal Assent see. S. 275; Sch. 11 para. 18 in force (E.) at 1.6.2001 by S.I. 2000/3229, art. 2, Sch. Pt. IV; Sch. 11 para. 18 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2

19 E+W In section 105(1) (travel concessions on services provided by local authorities), for the words “of any description” onwards substitute “ in accordance with a scheme established under section 93 of this Act or in accordance with section 145(1) of the Transport Act 2000. ”

Commencement Information

I130 Sch. 11 para. 19 wholly in force at 1.4.2002; Sch. 11 para. 19 not in force at Royal Assent see. S. 275; Sch. 11 para. 19 in force (E.)(1.6.2001 for specified purposes) by S.I. 2000/3229, art. 2, Sch. Pt. IV; Sch. 11 para. 19 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2

F119 20 (1) Section 108 (grants for establishment of rural passenger services in Wales and Scotland) is amended as follows. E+W

(2) In subsection (1), omit “Wales or”.

(3) In the sidenote, omit “Wales and”.

Textual Amendments

F119 Sch. 11 para. 20 partly in force; Sch. 11 para. 20 not in force at Royal Assent see s. 275; Sch. 11 para. 20 in force (W.) at 1.4.2002 by S.I. 2001/2788, art. 2, Sch. 2

21 E+W Omit section 109 (transitional rural bus grants).

Commencement Information

I131 Sch. 11 para. 21 wholly in force at 26.10.2001; Sch. 11 para. 21 not in force at Royal Assent see s. 275(1); Sch. 11 para. 21 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 21 in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

22 (1) Section 111 (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) is amended as follows (until it ceases to have effect as a result of section 154(6)). E+W

(2) For subsection (1) substitute—

“(1) Where the traffic commissioner for any traffic area is satisfied that the operator of a local service has, without reasonable excuse—

(a) failed to operate a local service registered under section 6 of this Act;

(b) operated a local service in contravention of that section or section 118(4) or 129(1)(b) of the Transport Act 2000; or

(c) failed to comply with section 138 or 140(3) of that Act;

he may make a determination to that effect.”

Commencement Information

I132 Sch. 11 para. 22 partly in force; Sch. 11 para. 22 not in force at Royal Assent see s. 275(1); Sch. 11 para. 22 in force for specified purposes (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 11 para. 22 in force (W.) at 1.8.2001 by S.I. 2001/2788, art. 2, Sch. 1 para. 11; Sch. 11 para. 22 in force in so far as it is not already in force (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

Greater London Authority Act 1999 (c.29) E+W

F120 23 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F120 Sch. 11 para. 23 repealed (17.10.2007 for specified purposes, 1.4.2008 in so far as not already in force) by Concessionary Bus Travel Act 2007 (c. 13), s. 15(1), Sch. 3; S.I. 2007/2799, arts. 2, 3 (with art. 4)

Section 191.

SCHEDULE 12 E+W Road user charging and workplace parking levy: financial provisions

Introductory E+W

1 (1) In this Schedule “relevant scheme” means a charging scheme or licensing scheme under this Part. E+W

(2) In this Schedule—

(a) “the relevant authority”, in relation to a relevant scheme made by one authority, means the authority by which the scheme is made, and

(b) “the relevant authorities”, in relation to a relevant scheme made jointly by more than one authority, means the authorities by which the scheme is made.

Commencement Information

I133 Sch. 12 para. 1 partly in force; Sch. 12 para. 1 not in force at Royal Assent see s. 275(1); Sch. 12 para. 1 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

Net proceeds E+W

2 (1) In this Schedule “net proceeds”, in relation to a relevant scheme and a financial year, means the amount (if any) by which— E+W

(a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed

(b) the expenses incurred for or in connection with the scheme which are so attributable.

(2) For the purposes of this Schedule—

(a) the amounts received under or in connection with a relevant scheme, and

(b) the expenses incurred for or in connection with a relevant scheme,

and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations made by the appropriate national authority.

(3) Regulations under sub-paragraph (2) may, in particular, provide that—

(a) any such costs of constructing, improving or maintaining roads in respect of which charges are imposed by trunk road charging schemes, and any such costs of managing traffic on those roads, as are specified by or determined in accordance with the regulations, or

(b) any such payments made for or in respect of the construction, improvement or maintenance of those roads, or the management of traffic on them, as are so specified or determined,

are to be regarded, to the extent so specified or determined, as expenses incurred for or in connection with the trunk road charging schemes.

(4) Where a trunk road charging scheme is made by virtue of section 167(2)(b) [F121 or (3)(c)], the relevant authority and the local traffic authority[F122 , Integrated Transport Authority [F123 , combined authority or combined county authority]] which requested the making of the scheme (or Transport for London, if it did) may agree that—

(a) the expenses incurred for or in connection with the trunk road charging scheme shall be taken to include specified expenses incurred for or in connection with the charging scheme in connection with which the trunk road charging scheme was requested, and

(b) the expenses incurred for or in connection with that other charging scheme shall be taken to include specified expenses incurred for or in connection with the trunk road charging scheme.

Textual Amendments

F121 Words in Sch. 12 para. 2(4) inserted (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 2

F122 Words in Sch. 12 para. 2(4) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 115(2); S.I. 2009/3318, art. 2(c)

F123 Words in Sch. 12 para. 2(4) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(2) (with s. 247)

Commencement Information

I134 Sch. 12 para. 2 partly in force; Sch. 12 para. 2 not in force at Royal Assent see s. 275(1); Sch. 12 para. 2 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

Apportionment E+W

3 (1) A relevant scheme which is— E+W

(a) a joint local charging scheme or licensing scheme, F124 ...

[F124 (aa) a joint local-ITA charging scheme,]

(b) a joint local-London charging scheme or licensing scheme, [F125 or

(c) a joint ITA-London charging scheme,]

shall provide for the net proceeds of the scheme to be apportioned between the relevant authorities.

(2) Where a trunk road charging scheme is made by virtue of section 167(2)(b) [F126 or (3)(c)]—

(a) the trunk road charging scheme, or

(b) the charging scheme in connection with which the trunk road charging scheme was requested,

or both, may provide for the net proceeds of the scheme to be apportioned between the relevant authority and the local traffic authority[F127 , Integrated Transport Authority [F128 , combined authority or combined county authority]] which requested the making of the scheme (or Transport for London, if it did).

Textual Amendments

F124 Sch. 12 para. 3(1)(aa) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 12(2)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)

F125 Sch. 12 para. 3(1)(c) and word inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 12(2)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)

F126 Words in Sch. 12 para. 3(2) inserted (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 3

F127 Words in Sch. 12 para. 3(2) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 115(3); S.I. 2009/3318, art. 2(c)

F128 Words in Sch. 12 para. 3(2) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(2) (with s. 247)

Commencement Information

I135 Sch. 12 para. 3 partly in force; Sch. 12 para. 3 not in force at Royal Assent see s. 275(1); Sch. 12 para. 3 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

4 E+W References in the following provisions of this Schedule to an authority’s share of the net proceeds of a relevant scheme are—

(a) where the net proceeds of the scheme are apportioned as provided by paragraph 3, to so much of the net proceeds of the scheme as are apportioned to the authority, and

(b) otherwise, to the net proceeds of the scheme.

Commencement Information

I136 Sch. 12 para. 4 partly in force; Sch. 12 para. 4 not in force at Royal Assent see s. 275(1); Sch. 12 para. 4 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

Accounts and funds E+W

5 E+W Regulations made by the appropriate national authority may make provision for—

(a) the keeping of accounts relating to trunk road charging schemes, and

(b) the preparation and publication of statements of such accounts.

Commencement Information

I137 Sch. 12 para. 5 partly in force at 1.8.2001; Sch. 12 para. 5 not in force at Royal Assent see s. 275(1); Sch. 12 para. 5 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

6 (1) An account relating to a relevant scheme which is not a trunk road charging scheme shall be kept for each financial year by the relevant authority or jointly by the relevant authorities. E+W

(2) A statement of every such account shall be prepared for each financial year by the relevant authority or authorities and published in the annual accounts of the relevant authority, or of each of the relevant authorities, for the financial year.

(3) Regulations made by the appropriate national authority may make—

(a) further provision relating to accounts required to be kept under this paragraph (including provision requiring or allowing the keeping of consolidated accounts relating to more than one relevant scheme), and

(b) further provision relating to the preparation and publication of statements of such accounts.

Commencement Information

I138 Sch. 12 para. 6 partly in force; Sch. 12 para. 6 not in force at Royal Assent see s. 275(1); Sch. 12 para. 6 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

7 (1) At the end of each financial year any deficit in an account required to be kept under paragraph 6 shall be made good by the relevant authority or authorities. E+W

(2) Any surplus in such an account may (so far as not made available for any purpose in accordance with this Schedule) be applied by the relevant authority or authorities towards making good any amount used to make good a deficit in respect of the account in the ten years immediately preceding the financial year.

(3) So much of any surplus as remains after the application of sub-paragraph (2) shall be carried forward in the account to the next financial year.

(4) A relevant scheme made by more than one authority must make provision specifying or for determining—

(a) the proportion of any deficit which each authority shall make good, and

(b) the proportion of any surplus which each authority may apply in accordance with sub-paragraph (2).

(5) Any deficit required to be made good shall be made good—

(a) in the case of a Welsh county council or county borough council, from its general account,

(b) in the case of Transport for London, from its gross income, and

(c) in the case of any other non-metropolitan local traffic authority or London traffic authority, [F129 or an Integrated Transport Authority] [F130 , combined authority or combined county authority], from its general fund.

Textual Amendments

F129 Words in Sch. 12 para. 7(5)(c) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 13(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)

F130 Words in Sch. 12 para. 7(5)(c) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(2) (with s. 247)

Commencement Information

I139 Sch. 12 para. 7 partly in force; Sch. 12 para. 7 not in force at Royal Assent see s. 275(1); Sch. 12 para. 7 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

Application of proceeds by non-metropolitan local traffic authorities E+W

8 (1) This paragraph applies to a non-metropolitan local traffic authority’s share of the net proceeds of [F131 any relevant scheme]. E+W

(2) The share of the net proceeds is available only—

(a) for application by the authority for the purpose of directly or indirectly facilitating the achievement of [F132 local transport policies of the authority], or

(b) for application by any authority falling within sub-paragraph (3) selected by the authority whose share it is in accordance with sub-paragraph (4).

(3) The authorities which fall within this sub-paragraph are—

(a) other non-metropolitan local traffic authorities

[F133 (aa) Integrated Transport Authorities] [F134 , combined authorities and combined county authorities];

(b) London traffic authorities and the Greater London Authority.

(4) A share of the net proceeds of a relevant scheme is applied in accordance with this sub-paragraph if it is applied—

(a) by a non-metropolitan local traffic authority for the purpose of directly or indirectly facilitating the achievement of [F135 any of its local transport policies],

[F136 (aa) by an Integrated Transport Authority [F137 , combined authority or combined county authority] for the purpose of directly or indirectly facilitating the achievement of any of its local transport policies, or]

(b) by a London traffic authority or the Greater London Authority in accordance with the transport strategy prepared and published under section 142 of the M80 Greater London Authority Act 1999,

in a way which will benefit the whole or any part of the area of the non-metropolitan local traffic authority whose share it is.

F138 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F138 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F138 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F131 Words in Sch. 12 para. 8(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 2(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

F132 Words in Sch. 12 para. 8(2)(a) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 1 para. 8(2)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)

F133 Sch. 12 para. 8(3)(aa) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 14(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)

F134 Words in Sch. 12 para. 8(3)(aa) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(3) (with s. 247)

F135 Words in Sch. 12 para. 8(4)(a) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 1 para. 8(2)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(a)

F136 Sch. 12 para. 8(4)(aa) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 14(3); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)

F137 Words in Sch. 12 para. 8(4)(aa) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(4) (with s. 247)

F138 Sch. 12 para. 8(5)-(7) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 2(3), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

Modifications etc. (not altering text)

C3 Sch. 12 para. 8 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 17(a) (with art. 7(4))

C4 Sch. 12 para. 8 excluded by S.I. 2011/41, art. 42A(2) (as inserted) (14.9.2016) by The River Mersey (Mersey Gateway Bridge) (Amendment) Order 2016 (S.I. 2016/851), arts. 1, 3(3)

Commencement Information

I140 Sch. 12 para. 8 partly in force; Sch. 12 para. 8 not in force at Royal Assent see s. 275(1); Sch. 12 para. 8 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

Marginal Citations

M80 1999 c. 29.

F139 9 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F139 Sch. 12 para. 9 repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 3(3), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

Commencement Information

I141 Sch. 12 para. 9 partly in force; Sch. 12 para. 9 not in force at Royal Assent see s. 275(1); Sch. 12 para. 9 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

10 (1) A relevant scheme made by one or more non-metropolitan local traffic authorities must include— E+W

(a) a general plan relating to the application of their shares of the net proceeds of the relevant scheme during the opening ten year period, and

(b) a detailed programme for the application of their shares of the net proceeds of the relevant scheme during [F140 the opening five year period].

(2) In this Schedule—

(a) “the opening ten year period” means the period which begins with the date on which the relevant scheme comes into force and ends with the tenth financial year that commences on or after that date, and

[F141 (b) “the opening five year period” means the period which begins with that date and ends with the fifth financial year that commences on or after that date.]

(3) The order making a scheme [F142 which relates to an area in Wales] shall not come into force unless and until the general plan and detailed programme required by sub-paragraph (1) have been approved by [F143 the Welsh Ministers].

Textual Amendments

F140 Words in Sch. 12 para. 10(1)(b) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 4(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

F141 Sch. 12 para. 10(2)(b) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 4(3); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

F142 Words in Sch. 12 para. 10(3) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 4(4)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

F143 Words in Sch. 12 para. 10(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 4(4)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

Modifications etc. (not altering text)

C5 Sch. 12 para. 10 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 17(b) (with art. 7(4))

Commencement Information

I142 Sch. 12 para. 10 partly in force; Sch. 12 para. 10 not in force at Royal Assent see s. 275(1); Sch. 12 para. 10 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

11 [F144 (1) If a relevant scheme made by one or more non-metropolitan local traffic authorities remains in force after the end of the opening five year period, the authority or each of the authorities shall, during every fifth financial year after the financial year in which the scheme comes into force, prepare a detailed programme for the application of its share of the net proceeds of the scheme during the next five years.] E+W

(2) Any programme [F145 prepared in accordance with sub-paragraph (1)] in relation to a relevant scheme prevails over any conflicting provisions in the general plan included in the scheme pursuant to paragraph 10(1)(a).

(3) Except with the consent of the appropriate national authority in any particular case, a non-metropolitan local traffic authority may not apply its share of the net proceeds of a scheme for any purpose (other than making good any amount to the general fund or general account of the relevant authority which made the scheme) in any financial year beginning after the end of [F146 the opening five year period] unless it is complying with sub-paragraph (1).

Textual Amendments

F144 Sch. 12 para. 11(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 5(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

F145 Words in Sch. 12 para. 11(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 5(3); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

F146 Words in Sch. 12 para. 11(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 5(4); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

Modifications etc. (not altering text)

C6 Sch. 12 para. 11 applied (with modifications) (1.2.2005) by The Local Authorities' Plans and Strategies (Disapplication) (England) Order 2005 (S.I. 2005/157), art. 1, Sch. 2 para. 17(c) (with art. 7(4))

Commencement Information

I143 Sch. 12 para. 11 partly in force; Sch. 12 para. 11 not in force at Royal Assent see s. 275(1); Sch. 12 para. 11 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

[F147 Application of proceeds by Integrated Transport Authorities E+W

Textual Amendments

F147 Sch. 12 para. 11A-11C and crossheading inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 5 para. 15; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(k)

11A (1) This paragraph applies to an Integrated Transport Authority's [F148 , combined authority’s or combined county authority’s] share of the net proceeds of any relevant scheme. E+W

(2) The share of the net proceeds is available only—

(a) for application by the Authority for the purpose of directly or indirectly facilitating the achievement of any of the Authority's local transport policies, or

(b) for application in accordance with sub-paragraph (4) by an authority falling within sub-paragraph (3) selected by the Authority.

(3) The authorities which fall within this sub-paragraph are—

(a) non-metropolitan local traffic authorities;

(b) London traffic authorities and the Greater London Authority.

(4) A share of the net proceeds of a relevant scheme is applied in accordance with this sub-paragraph if it is applied—

(a) by a non-metropolitan local traffic authority for the purpose of directly or indirectly facilitating the achievement of any of its local transport policies, or

(b) by a London traffic authority or the Greater London Authority in accordance with the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999,

in a way which will benefit the whole or any part of the [F149 integrated transport area of the Integrated Transport Authority or (as the case may be) the area of the combined authority] [F150 or combined county authority].

Textual Amendments

F148 Words in Sch. 12 para. 11A(1) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(5)(a) (with s. 247)

F149 Words in Sch. 12 para. 11A(4) substituted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 115(6)(b); S.I. 2009/3318, art. 2(c)

F150 Words in Sch. 12 para. 11A(4) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(5)(b) (with s. 247)

11B (1) A relevant scheme made by an Integrated Transport Authority [F151 , a combined authority or a combined county authority] must include— E+W

(a) a general plan relating to the application of its share of the net proceeds of the relevant scheme during the opening ten year period, and

(b) a detailed programme for the application of its share for the net proceeds of the relevant scheme during the opening five year period.

(2) See paragraph 10(2) for the meaning of “the opening ten year period” and “the opening five year period”.

Textual Amendments

F151 Words in Sch. 12 para. 11B(1) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(6) (with s. 247)

11C (1) If a relevant scheme made by an Integrated Transport Authority [F152 , a combined authority or a combined county authority] remains in force after the end of the opening five year period, the Authority shall, during every fifth financial year after the financial year in which the scheme comes into force, prepare a detailed programme for the application of its share of the net proceeds of the scheme during the next five years. E+W

(2) Any programme prepared in accordance with sub-paragraph (1) in relation to a relevant scheme prevails over any conflicting provisions in the general plan included in the scheme pursuant to paragraph 11B(1)(a).

(3) Except with the consent of the Secretary of State in any particular case, an Integrated Transport Authority [F153 , a combined authority or a combined county authority] may not apply its share of the net proceeds of a scheme for any purpose (other than making good any amount to its general fund) in any financial year beginning after the end of the opening five year period unless it is complying with sub-paragraph (1).]

Textual Amendments

F152 Words in Sch. 12 para. 11C(1) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(6) (with s. 247)

F153 Words in Sch. 12 para. 11C(3) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 148(6) (with s. 247)

Application of proceeds by London traffic authorities E+W

12 (1) The share of the net proceeds of a relevant scheme of a London traffic authority is available. E+W

[F154 (a) in the case of a charging scheme under this Part, only for application for relevant transport purposes within the meaning of Schedule 23 to the Greater London Authority Act 1999;

(b) in the case of a licensing scheme under this Part, only for application in accordance with regulations made by the Secretary of State.]

[F155 (1A) Paragraphs 19(1) and (2), 20(1) and (5), 23(1) and (3) and 24 of Schedule 23 to that Act apply in relation to a charging scheme under this Part as they apply in relation to a charging scheme under that Schedule.]

(2) Regulations under sub-paragraph (1) shall provide for—

F156 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) paragraphs 22 to 30 of Schedule 24 to that Act,

to apply in relation to [F157 a licensing scheme] with any such modifications as the Secretary of State considers appropriate.

(3) Before making regulations under sub-paragraph (1) the Secretary of State shall consult the Greater London Authority.

Textual Amendments

F154 Words in Sch. 12 para. 12(1) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 6(2); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

F155 Sch. 12 para. 12(1A) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 6(3); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

F156 Sch. 12 para. 12(2)(a) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 6(4)(a), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

F157 Words in Sch. 12 para. 12(2) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 6(4)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

Commencement Information

I144 Sch. 12 para. 12 wholly in force at 1.8.2001; Sch. 12 para. 12 not in force at Royal Assent see s. 275(1); Sch. 12 para. 12 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

Application of proceeds by Secretary of State F158 ... E+W

Textual Amendments

F158 Words in Sch. 12 para. 13 cross-heading omitted (14.4.2024) by virtue of Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 4

13 (1) In the case of a trunk road charging scheme— E+W

(a) which is made by virtue of paragraph (a) of subsection (2) of section 167, or

(b) which is made by virtue of paragraph (b) of that subsection F159 ...,

the [F160 relevant authority’s] [F160 Secretary of State’s] share of the net proceeds is available only for application for the purpose of directly or indirectly facilitating the achievement of any policies or proposals relating to transport.

F161 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F162 Sub-paragraph (1)(a)] applies during the period of ten years beginning with the coming into force of a scheme [F163 made by virtue of section 167(2)(a)].

(4) The [F164 appropriate national authority] [F164 Secretary of State] may by regulations make provision as to circumstances in which—

(a) the same scheme is to be regarded as continuing in force in spite of a variation of the scheme or the revocation and replacement (with or without modifications) of the scheme, or

(b) a different scheme is, or is not, to be regarded as coming into force,

for the purposes of determining when the period specified in sub-paragraph (3) begins or expires in the case of a scheme.

(5) Except where [F165 sub-paragraph (1)(a)] applies, the [F166 relevant authority’s] [F166 Secretary of State’s] share of the net proceeds of a trunk road charging scheme [F167 made by virtue of section 167(2)(a)] is available to be applied only as may be specified in, or determined in accordance with, regulations made by the [F168 appropriate national authority] [F168 Secretary of State].

(6) The provision that may be made by regulations under sub-paragraph (5) includes provision for sub-paragraph (3) to apply with the substitution for the number of years for the time being mentioned in it of a number of years greater than ten.

Textual Amendments

F159 Words in Sch. 12 para. 13(1)(b) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 7(2), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

F160 Words in Sch. 12 para. 13(1) substituted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 5(a)

F161 Sch. 12 para. 13(2) repealed (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 7(3), Sch. 7 Pt. 5; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

F162 Words in Sch. 12 para. 13(3) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 7(4)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

F163 Words in Sch. 12 para. 13(3) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 7(4)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

F164 Words in Sch. 12 para. 13(4) substituted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 5(b)

F165 Words in Sch. 12 para. 13(5) substituted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 7(5)(a); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

F166 Words in Sch. 12 para. 13(5) substituted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 5(c)(i)

F167 Words in Sch. 12 para. 13(5) inserted (9.2.2009 for E., 1.4.2009 for W.) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 6 para. 7(5)(b); S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(t)

F168 Words in Sch. 12 para. 13(5) substituted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 5(c)(ii)

Commencement Information

I145 Sch. 12 para. 13 partly in force; Sch. 12 para. 13 not in force at Royal Assent see s. 275(1); Sch. 12 para. 13 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

[F169 Application of proceeds by Welsh Ministers W

Textual Amendments

F169 Sch. 12 paras. 14, 15 and cross-heading inserted (W.) (14.4.2024) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2), s. 30(2)(f), Sch. 2 para. 6

14 (1) In the case of a trunk road charging scheme— W

(a) which is made by virtue of subsection (3) of section 167, and

(b) which is made wholly or partly for the purpose of reducing or limiting air pollution,

the Welsh Ministers must publish a statement and lay it before Senedd Cymru as soon as reasonably practicable after the scheme is made.

(2) The statement must—

(a) state that the scheme is made wholly or partly for the purpose of limiting or reducing air pollution;

(b) provide an estimate of the net proceeds of the scheme for at least the first five financial years in which the scheme will be in operation;

(c) specify how the Welsh Ministers propose to apply their share of those net proceeds, and

(d) provide an assessment of the expected effect of those proposals on air quality (if any).

15 (1) In the case of a trunk road charging scheme— W

(a) which is made by virtue of subsection (3) of section 167, and

(b) which is not made (either wholly or partly) for the purpose of reducing or limiting air pollution,

the Welsh Ministers’ share of the net proceeds of the scheme is available only for application for the purpose of directly or indirectly facilitating the achievement of any policies or proposals relating to transport.

(2) Where the scheme is made by virtue of paragraph (a) of subsection (3) of section 167, sub-paragraph (1) applies only during the period of ten years beginning with the coming into force of the scheme.

(3) The Welsh Ministers may by regulations make provision as to circumstances in which—

(a) the same scheme is to be regarded as continuing in force in spite of a variation of the scheme or the revocation and replacement (with or without modifications) of the scheme, or

(b) a different scheme is, or is not, to be regarded as coming into force,

for the purposes of determining when the period specified in sub-paragraph (2) begins or expires in the case of a scheme.

(4) Where sub-paragraph (1) no longer applies to a scheme made by virtue of paragraph (a) of subsection (3) of section 167, the Welsh Ministers’ share of the net proceeds of the scheme is available to be applied only as may be specified in, or determined in accordance with, regulations made by the Welsh Ministers.

(5) The provision that may be made by regulations under sub-paragraph (4) includes provision for sub-paragraph (2) to apply with the substitution for the number of years for the time being mentioned in it of a number of years greater than ten.]

Section 199.

SCHEDULE 13 E+W Amendments of Schedules 23 and 24 to Greater London Authority Act

Road user charging E+W

1 E+W Schedule 23 to the M81 Greater London Authority Act 1999 (road user charging in Greater London) has effect subject to the following amendments.

Commencement Information

I146 Sch. 13 para. 1 partly in force; Sch. 13 para. 1 not in force at Royal Assent see s. 275(1); Sch. 13 para. 1 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

Marginal Citations

M81 1999 c. 29.

2 (1) Paragraph 1 (interpretation) is amended as follows. E+W

(2) In sub-paragraph (1), in the definition of “net proceeds”, for the words from “, means” to the end substitute “and a financial year, means the amount (if any) by which—

(a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed

(b) the expenses incurred for or in connection with the scheme which are so attributable;”.

(3) In that sub-paragraph, after the definition of “prescribed”, insert—

““registered keeper”, in relation to a charge imposed in respect of a motor vehicle, means the person in whose name the vehicle was registered under the M82 Vehicle Excise and Registration Act 1994 at the time of the act, omission, event or circumstances in respect of which the charge is imposed;”.

(4) In that sub-paragraph, in the definition of “regulations”, after “means” insert “ (except where otherwise provided) ”.

(5) In that sub-paragraph, in the definition of “traffic sign”, for “same meaning as in the M83 Road Traffic Regulation Act 1984 (see in particular section 64 of that Act)” substitute “ meaning given by section 64 of the Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act ”.

(6) For sub-paragraph (2) substitute—

“(2) For the purposes of this Schedule—

(a) the amounts received under or in connection with a charging scheme, and

(b) the expenses incurred for or in connection with such a scheme,

and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.”

Modifications etc. (not altering text)

C7 Sch. 13 para. 2 partly in force; Sch. 13 para. 2 not in force at Royal Assent see s. 275(1); Sch. 13 para. 2 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

Marginal Citations

M82 1994 c. 22.

M83 1984 c. 27.

3 (1) Paragraph 4 (making of charging scheme) is amended as follows. E+W

(2) After paragraph (a) of sub-paragraph (3) insert—

“(aa) require such an authority to publish its proposals for the scheme and to consider objections to the proposals;”.

(3) After paragraph (d) of that sub-paragraph insert—

“(da) require the authority by whom any such order is made to publish notice of the order and of its effect;”.

(4) Omit paragraph (e) of that sub-paragraph.

(5) After that sub-paragraph insert—

“(4) Subsections (2) and (3) of section 250 of the M84 Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of sub-paragraph (3)(b) above.

(5) Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a charging scheme—

(a) the costs of the inquiry shall be paid by the charging authority; and

(b) the parties at the inquiry shall bear their own costs.

(6) The charging authority may enter any land, and exercise any other powers which may be necessary, for placing and maintaining, or causing to be placed and maintained, traffic signs in connection with the charging scheme.”

Commencement Information

I147 Sch. 13 para. 3 partly in force; Sch. 13 para. 3 not in force at Royal Assent see s. 275(1); Sch. 13 para. 3 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

Marginal Citations

M84 1972 c. 70.

4 E+W In sub-paragraph (2) of paragraph 11 (exemptions, reduced rates etc.), after “above” insert “ and to paragraphs 4 and 6 above ”.

Commencement Information

I148 Sch. 13 para. 4 partly in force; Sch. 13 para. 4 not in force at Royal Assent see s. 275(1); Sch. 13 para. 4 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

5 E+W After that paragraph insert—

“ Documents and equipment E+W

11A A charging scheme may require—

(a) documents to be displayed while a motor vehicle is on a road in respect of which charges are imposed; or

(b) equipment to be carried in or fitted to a motor vehicle while it is on such a road.”

Commencement Information

I149 Sch. 13 para. 5 partly in force; Sch. 13 para. 5 not in force at Royal Assent see s. 275(1); Sch. 13 para. 5 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

6 (1) Paragraph 12 (penalty charges) is amended as follows. E+W

(2) In sub-paragraph (1), for “, notification, payment, adjudication or enforcement” substitute “ and payment ”.

(3) After sub-paragraph (2) insert—

“(3) The Lord Chancellor may make regulations about the notification, adjudication and enforcement of penalty charges.”

Commencement Information

I150 Sch. 13 para. 6 partly in force; Sch. 13 para. 6 not in force at Royal Assent see s. 275(1); Sch. 13 para. 6 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

7 E+W For paragraph 13 substitute—

“13 Charges imposed in respect of any motor vehicle by a charging scheme (including penalty charges imposed in respect of any motor vehicle) shall be paid—

(a) by the registered keeper of the motor vehicle; or

(b) in prescribed circumstances, by such person as is prescribed.”

Commencement Information

I151 Sch. 13 para. 7 partly in force; Sch. 13 para. 7 not in force at Royal Assent see s. 275(1); Sch. 13 para. 7 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

8 E+W In paragraph 14 (installation of equipment), for the words from “install” to “used or” substitute—

“(a) install and maintain, or authorise the installation and maintenance of, any equipment; or

(b) construct and maintain, or authorise the construction and maintenance of, buildings or other structures,

used or ”.

Commencement Information

I152 Sch. 13 para. 8 partly in force; Sch. 13 para. 8 not in force at Royal Assent see s. 275(1); Sch. 13 para. 8 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

9 (1) Paragraph 15 (accounts and funds) is amended as follows. E+W

(2) In sub-paragraphs (1) and (2), for “of their income and expenditure in respect of” substitute “ relating to ”.

(3) In sub-paragraph (3)—

(a) for the words from the beginning to “year, each” substitute “ Each ”, and

(b) for “that year” substitute “ each financial year ”.

(4) After sub-paragraph (4) insert—

“(4A) Regulations may make further provision relating to—

(a) accounts required to be kept under sub-paragraph (1) or (2) above (including provision requiring or allowing the keeping of consolidated accounts relating to more than one charging scheme); and

(b) the preparation and publication of statements of such accounts.”

(5) In sub-paragraph (5)(b), after “account” insert “ (after the application of any of the net proceeds in accordance with the following provisions) ”.

Commencement Information

I153 Sch. 13 para. 9 partly in force; Sch. 13 para. 9 not in force at Royal Assent see s. 275(1); Sch. 13 para. 9 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

10 (1) Paragraph 25 (offences) is amended as follows. E+W

(2) In sub-paragraph (1)—

(a) insert “ or ” at the end of paragraph (a), and

(b) omit paragraph (c) and the word “or” before it.

(3) After that sub-paragraph insert—

“(1A) A person who makes or uses any false document with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by a charging scheme or a penalty charge is guilty of an offence.”

(4) In sub-paragraph (2), after “sub-paragraph (1)” insert “ or (1A) ”.

(5) After that sub-paragraph insert—

“(3) A person is guilty of an offence if he removes a penalty charge notice which has been fixed to a motor vehicle in accordance with regulations under paragraph 12 above unless—

(a) he is the registered keeper of the vehicle or a person using the vehicle with his authority; or

(b) he does so under the authority of the registered keeper or such a person or of the charging authority.

(4) A person guilty of an offence under sub-paragraph (3) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.”

Commencement Information

I154 Sch. 13 para. 10 partly in force; Sch. 13 para. 10 not in force at Royal Assent see s. 275(1); Sch. 13 para. 10 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

11 (1) Paragraph 26 (examination of motor vehicles etc.) is amended as follows. E+W

(2) In sub-paragraph (1)(b)(iii), for “unlawfully” substitute “ with intent to avoid payment of, or being identified as having failed to pay, a charge ”.

(3) For sub-paragraph (2) substitute—

“(2) Regulations may make provision conferring power on any person authorised in writing by the charging authority to enter a motor vehicle where he has reasonable grounds for suspecting, in relation to a motor vehicle which is on a road, that—

(a) any equipment required to be carried in or fitted to the motor vehicle while it is on a road in respect of which charges are imposed has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme; or

(b) there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or being identified as having failed to pay, such a charge.”

(4) After that sub-paragraph insert—

“(3) A person who intentionally obstructs a person exercising any power conferred on him by virtue of sub-paragraph (2) above is guilty of an offence.

(4) A person guilty of an offence under sub-paragraph (3) above shall be liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding six months,

or to both.

(5) Regulations may make provision conferring power on any person authorised in writing by the charging authority to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under paragraph 25 above.”

Commencement Information

I155 Sch. 13 para. 11 partly in force; Sch. 13 para. 11 not in force at Royal Assent see s. 275(1); Sch. 13 para. 11 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

12 (1) Paragraph 27 (removal or immobilisation of motor vehicles) shall be renumbered as sub-paragraph (1) of that paragraph and amended as follows. E+W

(2) After paragraph (a) insert—

“(aa) the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted;”.

(3) Insert at the end “; and

(e) the sale or destruction of motor vehicles not released.

(2) A person who removes or interferes with an immobilisation notice in contravention of provision made by virtue of sub-paragraph (1) above is guilty of an offence.

(3) A person who removes or attempts to remove an immobilisation device fixed to a motor vehicle in accordance with provision made by virtue of sub-paragraph (1) above in contravention of such provision is guilty of an offence.

(4) A person who intentionally obstructs a person exercising any power conferred on him by provision made by virtue of sub-paragraph (1) above is guilty of an offence.

(5) A person guilty of an offence under sub-paragraph (2) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) A person guilty of an offence under sub-paragraph (3) or (4) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.”

Commencement Information

I156 Sch. 13 para. 12 partly in force; Sch. 13 para. 12 not in force at Royal Assent see s. 275(1); Sch. 13 para. 12 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

13 E+W In paragraph 28 (determination of disputes and appeals), for “Regulations may” substitute “ The Lord Chancellor may by regulations ”.

Commencement Information

I157 Sch. 13 para. 13 partly in force; Sch. 13 para. 13 not in force at Royal Assent see s. 275(1); Sch. 13 para. 13 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

14 E+W In paragraph 29(6) (approval of equipment), for the words after “regulations” substitute “ under section 176(2) of the Transport Act 2000. ”

Commencement Information

I158 Sch. 13 para. 14 partly in force; Sch. 13 para. 14 not in force at Royal Assent see s. 275(1); Sch. 13 para. 14 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

15 E+W In paragraph 30 (evidence), for “Regulations may” substitute “ The Lord Chancellor may by regulations ”.

Commencement Information

I159 Sch. 13 para. 15 partly in force; Sch. 13 para. 15 not in force at Royal Assent see s. 275(1); Sch. 13 para. 15 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

16 E+W In paragraph 34 (guidance), insert at the end—

“(3) Guidance issued under this paragraph shall be published in such manner as the Authority consider appropriate; and the Authority may at any time vary or revoke such guidance.”

Commencement Information

I160 Sch. 13 para. 16 partly in force; Sch. 13 para. 16 not in force at Royal Assent see s. 275(1); Sch. 13 para. 16 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

17 E+W After that paragraph insert—

“ Information E+W

34A (1) Information obtained by—

(a) any Minister of the Crown or government department, or

(b) any local authority or other statutory body,

may be disclosed to a charging authority for or in connection with the exercise of any of their functions with respect to a charging scheme.

(2) Information obtained by a charging authority for or in connection with any of their functions other than their functions with respect to a charging scheme may be used by the authority for or in connection with the exercise of any of their functions with respect to a charging scheme.

(3) Any information—

(a) which has been or could be disclosed to a charging authority under sub-paragraph (1) above for or in connection with the exercise of any of their functions with respect to a charging scheme, or

(b) which has been or could be used by an authority by virtue of sub-paragraph (2) above for or in connection with the exercise of any of those functions,

may be disclosed to any person with whom the authority has entered into arrangements under paragraph 32(b) above.

(4) Information disclosed to a person under sub-paragraph (3) above—

(a) may be disclosed to any other person for or in connection with the charging scheme; but

(b) may not be used (by him or any other person to whom it is disclosed under paragraph (a) above) otherwise than for or in connection with the charging scheme.”

Commencement Information

I161 Sch. 13 para. 17 partly in force; Sch. 13 para. 17 not in force at Royal Assent see s. 275(1); Sch. 13 para. 17 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

18 E+W In paragraph 38 (variation and revocation of charging schemes)—

(a) omit “, exercisable in the same manner, and subject to the same conditions and limitations,”, and

(b) insert at the end “ ; and paragraph 4 above (apart from sub-paragraphs (3)(f) and (6)) applies in relation to the variation or revocation of a charging scheme as to the making of a charging scheme. ”

Commencement Information

I162 Sch. 13 para. 18 partly in force; Sch. 13 para. 18 not in force at Royal Assent see s. 275(1); Sch. 13 para. 18 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

Workplace parking levy E+W

19 E+W Schedule 24 to the M85 Greater London Authority Act 1999 (workplace parking levy in Greater London) has effect subject to the following amendments.

Commencement Information

I163 Sch. 13 para. 19 partly in force; Sch. 13 para. 19 not in force at Royal Assent see s. 275(1); Sch. 13 para. 19 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

Marginal Citations

M85 1999 c. 29.

20 (1) Paragraph 1 (interpretation) is amended as follows. E+W

(2) In sub-paragraph (1), in the definition of “licence”, omit “by the occupier of those premises”.

(3) In that sub-paragraph, in the definition of “net proceeds”, for the words from “, means” to the end substitute “and a financial year, means the amount (if any) by which—

(a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed

(b) the expenses incurred for or in connection with the scheme which are so attributable;”.

(4) In that sub-paragraph, omit the definition of “occupier”.

(5) In that sub-paragraph, in the definition of “regulations”, after “means” insert “ (except where otherwise provided) ”.

(6) For sub-paragraph (2) substitute—

“(2) For the purposes of this Schedule—

(a) the amounts received under or in connection with a licensing scheme, and

(b) the expenses incurred for or in connection with such a scheme,

and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.”

Commencement Information

I164 Sch. 13 para. 20 partly in force; Sch. 13 para. 20 not in force at Royal Assent see s. 275(1); Sch. 13 para. 20 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

21 E+W In paragraph 3(1) (provision of workplace parking places)—

(a) for the words from “the cases” to “time being” substitute “ a workplace parking place is provided at any premises at any time if a parking place provided at the premises is at that time ”, and

(b) for paragraph (d) substitute—

“(d) where a body whose affairs are controlled by its members is a relevant person, by a member of the body engaged in the carrying on of any business of the body,”.

Commencement Information

I165 Sch. 13 para. 21 partly in force; Sch. 13 para. 21 not in force at Royal Assent see s. 275(1); Sch. 13 para. 21 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

22 (1) Paragraph 7 (making of licensing scheme) is amended as follows. E+W

(2) After paragraph (a) of sub-paragraph (3) insert—

“(aa) require such an authority to publish its proposals for the scheme and to consider objections to the proposals;”.

(3) After paragraph (d) of that sub-paragraph insert—

“(da) require the authority by whom any such order is made to publish notice of the order and of its effect.”

(4) Omit paragraph (e) of that sub-paragraph.

(5) After that sub-paragraph insert—

“(4) Subsections (2) and (3) of section 250 of the M86 Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of sub-paragraph (3)(b) above.

(5) Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a licensing scheme—

(a) the costs of the inquiry shall be paid by the licensing authority; and

(b) the parties at the inquiry shall bear their own costs.”

Commencement Information

I166 Sch. 13 para. 22 partly in force; Sch. 13 para. 22 not in force at Royal Assent see s. 275(1); Sch. 13 para. 22 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

Marginal Citations

M86 1972 c. 70.

23 E+W For paragraph 15 substitute—

“15 A licence may not be granted for a period of more than one year.”

Commencement Information

I167 Sch. 13 para. 23 partly in force; Sch. 13 para. 23 not in force at Royal Assent see s. 275(1); Sch. 13 para. 23 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

24 E+W Renumber paragraph 16 (licensing: procedure) as sub-paragraph (1) of that paragraph and after that sub-paragraph insert—

“(2) A person who intentionally provides false or misleading information in or in connection with an application for a licence is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine.”

Commencement Information

I168 Sch. 13 para. 24 partly in force; Sch. 13 para. 24 not in force at Royal Assent see s. 275(1); Sch. 13 para. 24 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

25 E+W In paragraph 17(3) and (4) (exemptions, reduced rates etc.), after “(2) above” insert “ and to paragraphs 7 and 9 above ”.

Commencement Information

I169 Sch. 13 para. 25 partly in force; Sch. 13 para. 25 not in force at Royal Assent see s. 275(1); Sch. 13 para. 25 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

26 (1) Paragraph 18 (penalty charges) is amended as follows. E+W

(2) In sub-paragraph (1), for “, notification, payment, adjudication or enforcement” substitute “ and payment ”.

(3) After sub-paragraph (2) insert—

“(3) The Lord Chancellor may make regulations about the notification, adjudication and enforcement of penalty charges.”

Commencement Information

I170 Sch. 13 para. 26 partly in force; Sch. 13 para. 26 not in force at Royal Assent see s. 275(1); Sch. 13 para. 26 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

27 E+W For paragraph 19 substitute—

“19 Charges imposed in respect of any premises by a licensing scheme (including penalty charges imposed in respect of any premises) shall be paid—

(a) by the occupier of the premises; or

(b) in prescribed circumstances, by such person as is prescribed.”

Commencement Information

I171 Sch. 13 para. 27 partly in force; Sch. 13 para. 27 not in force at Royal Assent see s. 275(1); Sch. 13 para. 27 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

28 E+W In paragraph 20 (determination of disputes and appeals), for “Regulations may” substitute “ The Lord Chancellor may by regulations ”.

Commencement Information

I172 Sch. 13 para. 28 partly in force; Sch. 13 para. 28 not in force at Royal Assent see s. 275(1); Sch. 13 para. 28 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

29 (1) Paragraph 21 (accounts and funds) is amended as follows. E+W

(2) In sub-paragraphs (1) and (2), for “of their income and expenditure in respect of” substitute “ relating to ”.

(3) In sub-paragraph (3)—

(a) for the words from the beginning to “year, each” substitute “ Each ”, and

(b) for “that year” substitute “ each financial year ”.

(4) After sub-paragraph (4) insert—

“(4A) Regulations may make further provision relating to—

(a) accounts required to be kept under sub-paragraph (1) or (2) above (including provision requiring or allowing the keeping of consolidated accounts relating to more than one licensing scheme); and

(b) the preparation and publication of statements of such accounts.”

(5) In sub-paragraph (5)(b), after “account” insert “ (after the application of any of the net proceeds in accordance with the following provisions) ”.

Commencement Information

I173 Sch. 13 para. 29 partly in force; Sch. 13 para. 29 not in force at Royal Assent see s. 275(1); Sch. 13 para. 29 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

30 E+W In paragraph 31 (rights of entry)—

(a) in sub-paragraph (4), for “wilfully” substitute “ intentionally ” and for “level 5 on the standard scale” substitute “ the statutory maximum ”, and

(b) in sub-paragraph (6), for “(7)” substitute “ (5) ”.

Commencement Information

I174 Sch. 13 para. 30 partly in force; Sch. 13 para. 30 not in force at Royal Assent see s. 275(1); Sch. 13 para. 30 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

31 E+W In paragraph 32 (evidence), for “Regulations may” substitute “ The Lord Chancellor may by regulations ”.

Commencement Information

I175 Sch. 13 para. 31 partly in force; Sch. 13 para. 31 not in force at Royal Assent see s. 275(1); Sch. 13 para. 31 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

32 E+W In paragraph 35 (guidance), insert at the end—

“(3) Guidance issued under this paragraph shall be published in such manner as the Authority consider appropriate; and the Authority may at any time vary or revoke such guidance.”

Commencement Information

I176 Sch. 13 para. 32 partly in force; Sch. 13 para. 32 not in force at Royal Assent see s. 275(1); Sch. 13 para. 32 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

33 E+W After that paragraph insert—

“ Information E+W

35A (1) Information obtained by—

(a) any Minister of the Crown or government department, or

(b) any local authority or other statutory body,

may be disclosed to a licensing authority for or in connection with the exercise of any of their functions with respect to a licensing scheme.

(2) Information obtained by a licensing authority for or in connection with any of their functions other than their functions with respect to a licensing scheme may be used by the authority for or in connection with the exercise of any of their functions with respect to a licensing scheme.

(3) Any information—

(a) which has been or could be disclosed to a licensing authority under sub-paragraph (1) above for or in connection with the exercise of any of their functions with respect to a licensing scheme, or

(b) which has been or could be used by an authority by virtue of sub-paragraph (2) above for or in connection with the exercise of any of those functions,

may be disclosed to any person with whom the authority has entered into arrangements under paragraph 33(b) above.

(4) Information disclosed to a person under sub-paragraph (3) above—

(a) may be disclosed to any other person for or in connection with the licensing scheme; but

(b) may not be used (by him or any other person to whom it is disclosed under paragraph (a) above) otherwise than for or in connection with the licensing scheme.”

Commencement Information

I177 Sch. 13 para. 33 partly in force; Sch. 13 para. 33 not in force at Royal Assent see s. 275(1); Sch. 13 para. 33 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

34 E+W In paragraph 39 (variation and revocation of licensing schemes)—

(a) omit “, exercisable in the same manner, and subject to the same conditions and limitations,”, and

(b) insert at the end “ ; and paragraph 7 above applies in relation to the variation or revocation of a licensing scheme as to the making of a licensing scheme. ”

Commencement Information

I178 Sch. 13 para. 34 partly in force; Sch. 13 para. 34 not in force at Royal Assent see s. 275(1); Sch. 13 para. 34 in force (E.) at 1.2.2001 by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to savings in Sch. 3 Pt. II)

Section 204.

F170 SCHEDULE 14 U.K. Strategic Rail Authority

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

Textual Amendments

F170 Sch. 14 repealed (E.W.S.) (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.

Section 211.

F171 SCHEDULE 15 U.K. Financial assistance: transfers to SRA

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

Textual Amendments

F171 Sch. 15 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.

Section 215.

SCHEDULE 16 U.K. Transfer to SRA of Franchising Director’s functions

Commencement Information

I179 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Transport Act 1968 (c.73) U.K.

1 (1) Section 56 of the Transport Act 1968 (Ministerial grants and local authority payments towards capital expenditure incurred in provision, improvement or development of facilities for public passenger transport) is amended as follows. U.K.

(2) In subsection (2A), for “Franchising Director under which the Franchising Director undertakes to exercise franchising functions of his” substitute “ Strategic Rail Authority under which the Authority undertakes to exercise any of its franchising functions ”.

(3) In subsection (2B)—

(a) omit the definition of “the Franchising Director”, and

(b) in the definition of “franchising functions”, for “Franchising Director” substitute “ Strategic Rail Authority ” and for “him” substitute “ it ”.

Commencement Information

I180 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Insolvency Act 1986 (c.45) E+W+S

F172 2 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F172 Sch. 16 paras. 2-7 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.

F172 3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F172 Sch. 16 paras. 2-7 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.

F172 4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F172 Sch. 16 paras. 2-7 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.

F172 5 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F172 Sch. 16 paras. 2-7 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.

F172 6 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F172 Sch. 16 paras. 2-7 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.

F172 7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F172 Sch. 16 paras. 2-7 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.

Railways Act 1993 (c.43) U.K.

8 E+W+S The M87 Railways Act 1993 has effect subject to the following amendments.

Commencement Information

I181 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M87 1993 c. 43.

F173 9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F173 Sch. 16 paras. 9-13 repealed (24.7.2005 for the repeal of Sch. 16 paras. 9, 10, 1.12.2006 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. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.

F173 10 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F173 Sch. 16 paras. 9-13 repealed (24.7.2005 for the repeal of Sch. 16 paras. 9, 10, 1.12.2006 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. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.

F173 11 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F173 Sch. 16 paras. 9-13 repealed (24.7.2005 for the repeal of Sch. 16 paras. 9, 10, 1.12.2006 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. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.

F173 12 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F173 Sch. 16 paras. 9-13 repealed (24.7.2005 for the repeal of Sch. 16 paras. 9, 10, 1.12.2006 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. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.

F173 13 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F173 Sch. 16 paras. 9-13 repealed (24.7.2005 for the repeal of Sch. 16 paras. 9, 10, 1.12.2006 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. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.

14 (1) Section 23 (passenger services to be subject to franchise agreements) is amended as follows. E+W+S

F174 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (2)—

F175 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “his” substitute “ its ”.

F176 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F174 Sch. 16 para. 14(2) repealed (16.10.2005) 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. 2005/2812, art. 2(1), Sch. 1

F175 Sch. 16 para. 14(3)(a) repealed (16.10.2005) 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. 2005/2812, art. 2(1), Sch. 1

F176 Sch. 16 para. 14(4) repealed (16.10.2005) 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. 2005/2812, art. 2(1), Sch. 1

Commencement Information

I182 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F177 15 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F177 Sch. 16 para. 15 repealed (16.10.2005) 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. 2005/2812, art. 2(1), Sch. 1

16 (1) Section 26 (invitations to tender for franchises) is amended as follows. E+W+S

F178 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsections (2) and (3)—

F179 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “he” substitute “ it ”.

Textual Amendments

F178 Sch. 16 para. 16(2) repealed (16.10.2005) 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. 2005/2812, art. 2(1), Sch. 1

F179 Sch. 16 para. 16(3)(a) repealed (16.10.2005) 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. 2005/2812, art. 2(1), Sch. 1

Commencement Information

I183 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

17 (1) Section 27 (transfer of franchise assets and shares) is amended as follows. E+W+S

(2) In subsections (1) and (2)—

F180 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “himself” substitute “ itself ”.

F181 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (9)—

F182 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “his” substitute “ its ”, and

(c) for “himself” substitute “ itself ”.

(5) In subsection (10)—

F183 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “he” substitute “ it ”.

Textual Amendments

F180 Sch. 16 para. 17(2)(a) repealed (16.10.2005) 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. 2005/2812, art. 2(1), Sch. 1

F181 Sch. 16 para. 17(3) repealed (16.10.2005) 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. 2005/2812, art. 2(1), Sch. 1

F182 Sch. 16 para. 17(4)(a) repealed (16.10.2005) 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. 2005/2812, art. 2(1), Sch. 1

F183 Sch. 16 para. 17(5)(a) repealed (16.10.2005) 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. 2005/2812, art. 2(1), Sch. 1

Commencement Information

I184 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

18 (1) Section 28 (fares and approved discount fare schemes) is amended as follows. E+W+S

(2) In subsection (2)—

F184 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “he” (in both places) substitute “ it ”, and

(c) for “his” substitute “ its ”.

F185 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F184 Sch. 16 para. 18(2)(a) repealed (16.10.2005) 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. 2005/2812, art. 2(1), Sch. 1

F185 Sch. 16 para. 18(3) repealed (16.10.2005) 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. 2005/2812, art. 2(1), Sch. 1

Commencement Information

I185 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F186 19 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 Sch. 16 paras. 19-33 repealed (16.10.2005 for the repeal of Sch. 16 para. 19, 1.12.2006 for the repeal of Sch. 16 paras. 22-33) 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. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

20 [F186 (1) Section 34 (Passenger Transport Authorities and Executives: franchising) is amended as follows. E+W+S

(2) In subsection (4)—

(a) for “Franchising Director” substitute “ Authority ”, and

(b) for “him” substitute “ the Authority ”.

(3) In subsection (5)—

(a) for “Franchising Director” substitute “ Authority ”,

(b) for “his” (in both places) substitute “the Authority’s,” and

(c) for “him” substitute “ the Authority ”.

(4) In subsection (6) and in subsection (7) (in both places), for “Franchising Director” substitute “ Authority ”.

(5) In subsection (8)—

(a) for “Franchising Director” (in both places) substitute “ Authority ”, and

(b) for “he” substitute “ the Authority ”.

(6) In subsections (10) and (12) and in subsection (13) (in both places), for “Franchising Director” substitute “ Authority ”.

(7) In subsection (14)—

(a) for “Franchising Director” (in each place) substitute “ Authority ”,

(b) for “him” substitute “ the Authority ”, and

(c) for “he” (in both places) substitute “ the Authority ”.

(8) In subsection (15), for “Franchising Director” substitute “ Authority ”.

(9) In subsection (16)—

(a) for “Franchising Director” (in both places) substitute “ Authority ”, and

(b) for “his” substitute “ its ”.

(10) In subsection (17), for “Franchising Director” (in each place) substitute “ Authority ”.

(11) In subsection (18)—

(a) for “Franchising Director” (in both places) substitute “ Authority ”, and

(b) for “he may apply” substitute “ the Authority may apply ”.

(12) In subsection (19), for “Franchising Director” substitute “ Authority ”.]

Textual Amendments

F186 Sch. 16 paras. 19-33 repealed (16.10.2005 for the repeal of Sch. 16 para. 19, 1.12.2006 for the repeal of Sch. 16 paras. 22-33) 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. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

Commencement Information

I186 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

21 E+W+S [F186 In section 35 (termination and variation of section 20(2) agreements by Franchising Director), for “Franchising Director” (in each place, including the sidenote) substitute “ Authority ”.]

Textual Amendments

F186 Sch. 16 paras. 19-33 repealed (16.10.2005 for the repeal of Sch. 16 para. 19, 1.12.2006 for the repeal of Sch. 16 paras. 22-33) 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. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

Commencement Information

I187 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F186 22 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 Sch. 16 paras. 19-33 repealed (16.10.2005 for the repeal of Sch. 16 para. 19, 1.12.2006 for the repeal of Sch. 16 paras. 22-33) 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. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

F186 23 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 Sch. 16 paras. 19-33 repealed (16.10.2005 for the repeal of Sch. 16 para. 19, 1.12.2006 for the repeal of Sch. 16 paras. 22-33) 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. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

F186 24 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 Sch. 16 paras. 19-33 repealed (16.10.2005 for the repeal of Sch. 16 para. 19, 1.12.2006 for the repeal of Sch. 16 paras. 22-33) 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. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

F186 25 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 Sch. 16 paras. 19-33 repealed (16.10.2005 for the repeal of Sch. 16 para. 19, 1.12.2006 for the repeal of Sch. 16 paras. 22-33) 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. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

F186 26 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 Sch. 16 paras. 19-33 repealed (16.10.2005 for the repeal of Sch. 16 para. 19, 1.12.2006 for the repeal of Sch. 16 paras. 22-33) 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. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

F186 27 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 Sch. 16 paras. 19-33 repealed (16.10.2005 for the repeal of Sch. 16 para. 19, 1.12.2006 for the repeal of Sch. 16 paras. 22-33) 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. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

F186 28 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 Sch. 16 paras. 19-33 repealed (16.10.2005 for the repeal of Sch. 16 para. 19, 1.12.2006 for the repeal of Sch. 16 paras. 22-33) 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. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

F186 29 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 Sch. 16 paras. 19-33 repealed (16.10.2005 for the repeal of Sch. 16 para. 19, 1.12.2006 for the repeal of Sch. 16 paras. 22-33) 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. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

F186 30 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 Sch. 16 paras. 19-33 repealed (16.10.2005 for the repeal of Sch. 16 para. 19, 1.12.2006 for the repeal of Sch. 16 paras. 22-33) 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. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

F186 31 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 Sch. 16 paras. 19-33 repealed (16.10.2005 for the repeal of Sch. 16 para. 19, 1.12.2006 for the repeal of Sch. 16 paras. 22-33) 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. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

F186 32 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 Sch. 16 paras. 19-33 repealed (16.10.2005 for the repeal of Sch. 16 para. 19, 1.12.2006 for the repeal of Sch. 16 paras. 22-33) 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. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

F186 33 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 Sch. 16 paras. 19-33 repealed (16.10.2005 for the repeal of Sch. 16 para. 19, 1.12.2006 for the repeal of Sch. 16 paras. 22-33) 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. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

34 (1) Section 54 (exercise of functions for purpose of encouraging investment in railways) is amended as follows. E+W+S

(2) In subsection (1)—

(a) for “Franchising Director” substitute “ Authority ”, and

(b) for “his, or (as the case may be) their,” substitute “ their ”.

(3) In subsection (2)—

(a) for “Franchising Director” (in both places) substitute “ Authority ”, and

(b) for “franchising functions of his” substitute “ any of its franchising functions ”.

(4) In subsection (3)—

(a) for “Franchising Director” substitute “ Authority ”,

(b) for “functions of his under” substitute “ of the Authority’s functions under ”,

(c) for “him” substitute “ the Authority ”, and

(d) for “his which” substitute “ the Authority which ”.

Commencement Information

I188 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

35 (1) Section 55 (orders for securing compliance) is amended as follows. E+W+S

(2) In subsections (1) to (7)—

(a) for “officer” (in each place) substitute “ authority ”, and

(b) for “he” and “him” (in each place) substitute “ it ”.

(3) In subsection (10)—

(a) for “officer” substitute “ authority ”, and

F187 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F188 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F188 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F187 Sch. 16 para. 35(3)(b) 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.

F188 Sch. 16 para. 35(4)(5) 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.

Commencement Information

I189 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

36 E+W+S In section 56 (procedural requirements)—

(a) for “officer” (in each place) substitute “ authority ”,

(b) for “he” (in each place) substitute “ it ”, and

(c) for “his” (in each place) substitute “ its ”.

Commencement Information

I190 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

37 E+W+S In section 57(7) (validity and effect of orders), for “officer” substitute “ authority ”.

Commencement Information

I191 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

38 (1) Section 58 (power to require information etc.) is amended as follows. E+W+S

(2) In subsection (1)—

(a) for “officer” (in both places) substitute “ authority ”, and

(b) for “his” substitute “ its ”.

(3) In subsection (2) (in each place) and in subsection (6), for “officer” substitute “ authority ”.

Commencement Information

I192 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F189 39 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F189 Sch. 16 paras. 39-42 repealed (24.7.2005 for the repeal of Sch. 16 paras. 40, 41, 16.10.2005 for the repeal of Sch. 16 para. 39, 1.12.2006 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. 2005/1909, art. 2, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

F189 40 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F189 Sch. 16 paras. 39-42 repealed (24.7.2005 for the repeal of Sch. 16 paras. 40, 41, 16.10.2005 for the repeal of Sch. 16 para. 39, 1.12.2006 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. 2005/1909, art. 2, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

F189 41 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F189 Sch. 16 paras. 39-42 repealed (24.7.2005 for the repeal of Sch. 16 paras. 40, 41, 16.10.2005 for the repeal of Sch. 16 para. 39, 1.12.2006 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. 2005/1909, art. 2, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

F189 42 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F189 Sch. 16 paras. 39-42 repealed (24.7.2005 for the repeal of Sch. 16 paras. 40, 41, 16.10.2005 for the repeal of Sch. 16 para. 39, 1.12.2006 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. 2005/1909, art. 2, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch.

43 E+W+S In subsection (9) of section 72 (keeping of register by Regulator)—

(a) for “Franchising Director” (in both places) substitute “ Authority ”, and

(b) for “him” substitute “ it ”,

and in the heading preceding that section, for “Franchising Director” substitute “ Authority ”.

Commencement Information

I193 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F190 44 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F190 Sch. 16 paras. 44-48 repealed (24.7.2005 for the repeal of Sch. 16 paras. 44, 47, 48, 1.12.2006 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. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.

F190 45 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F190 Sch. 16 paras. 44-48 repealed (24.7.2005 for the repeal of Sch. 16 paras. 44, 47, 48, 1.12.2006 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. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.

F190 46 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F190 Sch. 16 paras. 44-48 repealed (24.7.2005 for the repeal of Sch. 16 paras. 44, 47, 48, 1.12.2006 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. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.

F190 47 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F190 Sch. 16 paras. 44-48 repealed (24.7.2005 for the repeal of Sch. 16 paras. 44, 47, 48, 1.12.2006 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. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.

F190 48 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F190 Sch. 16 paras. 44-48 repealed (24.7.2005 for the repeal of Sch. 16 paras. 44, 47, 48, 1.12.2006 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. 2005/1909, art. 2, Sch.; S.I. 2006/2911, art. 2, Sch.

49 (1) Section 118 (control of railways in time of hostilities, severe international tension or great national emergency) is amended as follows. E+W+S

F191 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (3)—

F192 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “him to carry out his” substitute “ the carrying out of ”.

F191 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F191 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F191 Sch. 16 para. 49(2)(4)(5) 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.

F192 Sch. 16 para. 49(3)(a) 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.

Commencement Information

I194 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F193 50 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F193 Sch. 16 para. 50 repealed (16.10.2005) 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. 2005/2812, art. 2(1), Sch. 1

51 (1) Section 136 (grants and subsidies) is amended as follows. E+W+S

F194 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (6), for “Franchising Director may each, in his capacity” substitute “ Authority may each, ”.

F195 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F195 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F194 Sch. 16 para. 51(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.

F195 Sch. 16 para. 51(4)(5) repealed (16.10.2005) 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. 2005/2812, art. 2(1), Sch. 1

Commencement Information

I195 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F196 52 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F196 Sch. 16 para. 52 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.

F197 53 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F197 Sch. 16 para. 53 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.

54 (1) Paragraph 2 of Schedule 7 (transfer schemes in connection with railway administration orders) is amended as follows. E+W+S

(2) In sub-paragraph (2), for “Franchising Director” substitute “ Authority ”.

(3) In sub-paragraph (3), for “Franchising Director, for his approval, he” substitute “ Authority for approval, the Secretary of State or Authority ”.

(4) In sub-paragraph (6)—

(a) for “Franchising Director” substitute “ Authority ”, and

(b) for “him” substitute “ the Secretary of State or Authority ”.

(5) In sub-paragraph (7)—

(a) for “Franchising Director” substitute “ Authority ”,

(b) for “he” substitute “ the Secretary of State or Authority ”, and

(c) omit “on him”.

Commencement Information

I196 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Railway Heritage Act 1996 (c.42) E+W+S

55 (1) Section 1 of the Railway Heritage Act 1996 (bodies to which Act applies) is amended as follows. E+W+S

(2) For paragraph (f) substitute—

“(f) the Strategic Rail Authority (“the Authority”);”.

(3) In paragraph (g), for “that Director” substitute “ the Authority ”.

Commencement Information

I197 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Channel Tunnel Rail Link Act 1996 (c.61) U.K.

56 (1) Section 19 of the Channel Tunnel Rail Link Act 1996 (railway administration orders) is amended as follows. U.K.

(2) In subsections (2) and (5), for “Director of Passenger Rail Franchising” substitute “ Strategic Rail Authority ”.

(3) In subsection (6)—

(a) for “Franchising Director” (in both places) substitute “ Authority ”, and

(b) for “Director” substitute “ Authority ”.

Commencement Information

I198 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Competition Act 1998 (c.41) U.K.

F198 57 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F198 Sch. 16 para. 57 repealed (20.6.2003) by The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003 (S.I. 2003/1400), art. 1, Sch. 5

Greater London Authority Act 1999 (c.29) E+W+S

58 E+W+S The Greater London Authority Act 1999 has effect subject to the following amendments.

Commencement Information

I199 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F199 59 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F199 Sch. 16 para. 59 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.

60 E+W+S In section 177 (provision of extra passenger transport services and facilities), for “Franchising Director” (in both places) substitute “ Strategic Rail Authority ”.

Commencement Information

I200 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F200 61 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F200 Sch. 16 para. 61 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.

F201 62 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F201 Sch. 16 para. 62 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.

63 E+W+S In section 199(1) (licence exemptions and facility exemptions), for “Franchising Director” substitute “ Strategic Rail Authority ”.

Commencement Information

I201 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F202 64 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F202 Sch. 16 para. 64 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.

65 E+W+S In section 203 (closures: copy documents to Mayor of London), for “Franchising Director” (in both places, including the sidenote) substitute “ Strategic Rail Authority ”.

Commencement Information

I202 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F203 66 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F203 Sch. 16 para. 66 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.

67 (1) Section 240 (travel concessions on journeys in and around Greater London) is amended as follows. E+W+S

(2) In subsection (2) (in both places), and in subsection (7), for “Franchising Director” substitute “ Strategic Rail Authority ”.

(3) In subsection (8), omit the definition of “the Franchising Director”.

Commencement Information

I203 Sch. 16 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Section 216.

SCHEDULE 17 U.K. Transfers to SRA from [F204 the Office of Rail and Road]

Textual Amendments

F204 Words in Sch. 17 heading substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(p)(v)

Part I E+W+S Functions relating to licences

Introductory E+W+S

1 E+W+S The M88 Railways Act 1993 has effect subject to the following amendments.

Commencement Information

I204 Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M88 1993 c. 43.

Exemptions E+W+S

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

F205 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F205 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F205 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F205 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F206 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F206 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F205 Sch. 17 para. 2(2)-(5) 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.

F206 Sch. 17 para. 2(7)(8) 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.

Commencement Information

I205 Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Consumer protection conditions E+W+S

F207 3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F207 Sch. 17 para. 3 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.

Grant E+W+S

4 (1) Section 8 (licences) is amended as follows. E+W+S

(2) In subsection (1)—

F208 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (b) (grant by Regulator with consent of, or in accordance with general authority given by, Secretary of State), for the words after “consent” substitute “ , or in accordance with a general authority, of the Secretary of State given after consultation with the Authority, ”.

(3) In subsection (2) (general authority may require Regulator to consult, or obtain approval of, Secretary of State), for the words after “above” substitute—

“(a) shall include a requirement for the Regulator before granting a licence to consult the Authority about, or a requirement for him before doing so to obtain the approval of the Authority to, any conditions to be included in the licence which relate to consumer protection; and

(b) may include a requirement for the Regulator either to consult the Secretary of State, or a requirement to obtain his approval before granting a licence;

but a failure to comply with such a requirement shall not affect the validity of the licence. ”

(4) In subsection (6) (certain licences not capable of being surrendered without consent of Regulator), for “without the consent of the Regulator” substitute “ unless the Regulator and the Authority consent to the surrender ”.

(5) In subsection (7) (grantor of licence to give copies)—

F209 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (b), after “Regulator,” insert “ to the Authority and ”.

Textual Amendments

F208 Sch. 17 para. 4(2)(a) 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.

F209 Sch. 17 para. 4(5)(a) 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.

Commencement Information

I206 Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Assignment E+W+S

5 (1) Section 11 (assignment of licences) is amended as follows. E+W+S

(2) In subsection (2) (requirement of consent of whichever of the relevant authorities is specified), for the words after “consent of” substitute—

“(a) the Secretary of State, if he is specified for the purpose in the licence; or

(b) the Regulator and the Authority, in any other case.”

(3) Omit subsection (3) (definition of “relevant authorities”).

(4) In subsection (4) (consent may be given subject to conditions imposed by person giving consent), for “the person giving the consent thinks fit to impose” substitute “ are imposed by the person or persons giving the consent ”.

Commencement Information

I207 Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Modification E+W+S

6 (1) Section 12 (modification by agreement) is amended as follows. E+W+S

F210 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (2) (notice by Regulator)—

F211 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) after “and shall” insert “ , before making the modifications, ”.

F212 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F212 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F210 Sch. 17 para. 6(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.

F211 Sch. 17 para. 6(3)(a) 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.

F212 Sch. 17 para. 6(4)(5) 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.

Commencement Information

I208 Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

7 (1) Section 13 (modification references to Competition Commission) is amended as follows. E+W+S

F213 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In subsection (3) (matters which may be specified in reference or variation)—

F214 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “his” (in both places) substitute “ its ”.

(6) In subsection (4) (notice of reference or variation)—

F215 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “he” substitute “ it ”.

F216 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In subsection (6) (assistance to Commission)—

F217 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “his possession” substitute “ the possession of the appropriate authority ”,

(c) for “his opinion” substitute “ the opinion of the appropriate authority ”, and

(d) for “his power” substitute “ the power of the appropriate authority ”.

Textual Amendments

F213 Sch. 17 para. 7(2)-(4) 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.

F214 Sch. 17 para. 7(5)(a) 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.

F215 Sch. 17 para. 7(6)(a) 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.

F216 Sch. 17 para. 7(7) 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.

F217 Sch. 17 para. 7(8)(a) 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.

Commencement Information

I209 Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

8 (1) Section 14 (reports on modification references) is amended as follows. E+W+S

F218 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (5) (publication by Regulator)—

F219 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “he” substitute “ it ”.

F220 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F220 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F218 Sch. 17 para. 8(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.

F219 Sch. 17 para. 8(3)(a) 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.

F220 Sch. 17 para. 8(4)(5) 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.

Commencement Information

I210 Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

9 (1) Section 15 (modification following report) is amended as follows. E+W+S

(2) In subsection (1) (duty of Regulator to modify)—

(a) for “Where” substitute “ This section applies where ”, and

(b) omit the words following paragraph (d).

(3) After that subsection insert—

“(1A) Where the report is made to the Regulator he shall, subject to the following provisions of this section and to section 15A below, make such modifications of the conditions of the licence as appear to him requisite for the purpose of remedying or preventing the adverse effects specified in the report.

(1B) Where the report is made to the Authority it shall, subject to the following provisions of this section and to section 15A below, require the Regulator to make such modifications of the conditions of the licence as appear to it requisite for the purpose of remedying or preventing the adverse effects specified in the report.”

(4) In subsection (2) (Regulator to have regard to modifications specified in report)—

(a) after “making” insert “ , or requiring the making of, ”, and

F221 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In subsection (3) (notice by Regulator), for “this section” substitute “ subsection (1A) above ”.

F222 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F222 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F222 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F221 Sch. 17 para. 9(4)(b) 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.

F222 Sch. 17 para. 9(6)-(8) 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.

Commencement Information

I211 Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F223 10 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F223 Sch. 17 para. 10 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.

Enforcement E+W+S

11 (1) Section 55 (orders for securing compliance) is amended as follows. E+W+S

(2) After subsection (5) insert—

“(5ZA) The Authority shall not make a final order, or make or confirm a provisional order, in relation to a licence holder or person under closure restrictions unless—

(a) it has given notice to the Regulator specifying a period within which he may give notice to it if he considers that the most appropriate way of proceeding is under the M89 Competition Act 1998;

(b) that period has expired; and

(c) the Regulator has not given notice to the Authority within that period that he so considers (or, if he has, he has withdrawn it).”

F224 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (11), for “(5A)” substitute “ (5ZA) ”.

Textual Amendments

F224 Sch. 17 para. 11(3) 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.

Commencement Information

I212 Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M89 1998 c. 41.

12 E+W+S In section 56 (procedural requirements), after subsection (2) insert—

“(2A) Where the Regulator serves a copy of a notice under subsection (1) above on a licence holder, he shall also serve a copy on the Authority; and where the Authority so serves a copy of such a notice, it shall also serve a copy on the Regulator.”

Commencement Information

I213 Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Investigation E+W+S

F225 13 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F225 Sch. 17 para. 13 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.

F226 14 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F226 Sch. 17 para. 14 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.

Registers E+W+S

15 E+W+S In section 72(2)(a) (matters about licences to be entered in register maintained by Regulator)—

(a) in sub-paragraph (iii) (modifications and revocations of licences), insert at the end “ and every requirement to modify conditions of a licence imposed on the Regulator by the Authority ”,

(b) in sub-paragraph (iv) (revocation of licence exemptions), insert at the end “ and every requirement to revoke a licence exemption imposed on the Regulator by the Authority ”,

(c) in sub-paragraph (vii) (enforcement orders etc.), for “which relates” substitute “ made by the Regulator in relation ”, and

(d) after that sub-paragraph insert—

“(viii) every scheme made by the Secretary of State under section 7A(4) above or paragraph 2 of Schedule 28 to the Transport Act 2000;”.

Commencement Information

I214 Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

16 E+W+S In section 73(2) (matters which Authority is to enter in register maintained by it)—

(a) in paragraph (e) (provisions of enforcement orders etc.), for “which relates to” substitute “ made by the Authority in relation to a licence or ”, F227 ...

F227 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F227 Sch. 17 para. 16(b) and preceding word 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.

Commencement Information

I215 Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Part II E+W+S Other functions

Introductory E+W+S

17 E+W+S The M90 Railways Act 1993 has effect subject to the following further amendments.

Commencement Information

I216 Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M90 1993 c. 43.

Rail users’ consultative committees E+W+S

F228 18 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F228 Sch. 17 para. 18 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.

F229 19 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F229 Sch. 17 para. 19 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.

20 (1) Section 76 (general duties of Central Committee) is amended as follows. E+W+S

F230 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (5), for the words from “refer the matter” to the end substitute “ , unless representations about the matter have been made to the Authority by the Rail Passengers’ Council, refer it to the Authority with a view to the Authority exercising such of its powers as it considers appropriate in the circumstances of the case. ”

(4) After that subsection insert—

“(5A) But if the Authority considers that it would be more appropriate for a matter referred to it by the Rail Passengers’ Council to be considered by the Regulator, the Authority shall refer it to him, with a view to his exercising such of his powers as he considers appropriate in the circumstances of the case.”

F231 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F230 Sch. 17 para. 20(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.

F231 Sch. 17 para. 20(5) 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.

Commencement Information

I217 Sch. 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F232 21 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F232 Sch. 17 paras. 21-27 repealed (24.7.2005 for the repeal of Sch. 17 paras. 21-24, 1.12.2006 for the repeal of Sch.17 paras. 25-27) 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.; S.I. 2006/2911. Sch.

F232 22 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F232 Sch. 17 paras. 21-27 repealed (24.7.2005 for the repeal of Sch. 17 paras. 21-24, 1.12.2006 for the repeal of Sch.17 paras. 25-27) 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.; S.I. 2006/2911. Sch.

F232 23 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F232 Sch. 17 paras. 21-27 repealed (24.7.2005 for the repeal of Sch. 17 paras. 21-24, 1.12.2006 for the repeal of Sch.17 paras. 25-27) 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.; S.I. 2006/2911. Sch.

F232 24 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F232 Sch. 17 paras. 21-27 repealed (24.7.2005 for the repeal of Sch. 17 paras. 21-24, 1.12.2006 for the repeal of Sch.17 paras. 25-27) 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.; S.I. 2006/2911. Sch.

Closures E+W+S

F232 25 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F232 Sch. 17 paras. 21-27 repealed (24.7.2005 for the repeal of Sch. 17 paras. 21-24, 1.12.2006 for the repeal of Sch.17 paras. 25-27) 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.; S.I. 2006/2911. Sch.

F232 26 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F232 Sch. 17 paras. 21-27 repealed (24.7.2005 for the repeal of Sch. 17 paras. 21-24, 1.12.2006 for the repeal of Sch.17 paras. 25-27) 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.; S.I. 2006/2911. Sch.

F232 27 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F232 Sch. 17 paras. 21-27 repealed (24.7.2005 for the repeal of Sch. 17 paras. 21-24, 1.12.2006 for the repeal of Sch.17 paras. 25-27) 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.; S.I. 2006/2911. Sch.

Code for protection of disabled rail users E+W+S

28 (1) After section 71A insert— E+W+S

“71B Code of practice for protection of interests of rail users who are disabled.

(1) The Authority shall—

(a) prepare and from time to time revise, and

(b) publish and otherwise promote the adoption and implementation of,

a code of practice for protecting the interests of users of railway passenger services or station services who are disabled

(2) In preparing or revising the code of practice, the Authority shall consult the Disabled Persons Transport Advisory Committee established under section 125 of the M91 Transport Act 1985.”

(2) Omit section 70 (existing obligation of Regulator in relation to code).

Commencement Information

I218 Sch 17 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M91 1985 c. 67.

Annual reports E+W+S

F233 29 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F233 Sch. 17 para. 29 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.

Penalty fares E+W+S

F234 30 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F234 Sch. 17 para. 30 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.

F235 Part III U.K. Associated property, rights and liabilities

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

Textual Amendments

F235 Sch. 17 Pt. III 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), Sch. 13 para. 3); S.I. 2006/2911, art. 2, Sch.

Section 217.

SCHEDULE 18 U.K. Transfer to SRA of BR’s functions relating to transport police

Commencement Information

I219 Sch. 18 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Part I U.K. Functions

British Transport Commission Act 1949 (c.xxix) U.K.

F236 1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F236 Sch. 18 paras. 1-3 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.

F236 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F236 Sch. 18 paras. 1-3 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.

F236 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F236 Sch. 18 paras. 1-3 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.

British Transport Commission Act 1962 (c.xlii) U.K.

4 (1) Section 43 of the British Transport Commission Act 1962 (constables) is amended as follows. U.K.

(2) Omit subsection (1).

(3) In subsection (2), for “the said section 53” substitute “ section 53 (constables) of the Act of 1949 ”.

Commencement Information

I220 Sch. 18 Pt. III wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Police and Criminal Evidence Act 1984 (c.60) U.K.

5 U.K. In section 6 of the Police and Criminal Evidence Act 1984 (stop and search powers: statutory undertakers etc.), in subsection (1A) (transport police), for “by the British Railways Board” substitute “ by the Strategic Rail Authority ”.

Commencement Information

I221 Sch. 18 Pt. III wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Channel Tunnel Act 1987 (c. 53) U.K.

6 (1) Section 14 of the Channel Tunnel Act 1987 (arrangements for policing of tunnel system) is amended as follows. U.K.

F237 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (5) (payments by Kent police authority)—

F238 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “Board” substitute “ Authority ”.

Textual Amendments

F237 Sch. 18 para. 6(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.

F238 Sch. 18 para. 6(3)(a) 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.

Railways Act 1993 (c.43) E+W+S

F239 7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F239 Sch. 18 paras. 7-10 repealed (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 8; S.I. 2004/1572, art. 3(kkk)

F239 8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F239 Sch. 18 paras. 7-10 repealed (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 8; S.I. 2004/1572, art. 3(kkk)

F239 9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F239 Sch. 18 paras. 7-10 repealed (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 8; S.I. 2004/1572, art. 3(kkk)

F239 10 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F239 Sch. 18 paras. 7-10 repealed (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 8; S.I. 2004/1572, art. 3(kkk)

F240 Part II E+W+S Associated property, rights and liabilities

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

Textual Amendments

F240 Sch. 18 Pt. II 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.

Section 218.

F241 SCHEDULE 19 U.K. Transfer to SRA of BR’s property etc

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

Textual Amendments

F241 Schs. 19-21 repealed (16.10.2005 for the repeal of Sch. 20, 1.12.2006 for the repeal of Schs. 19, 21) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2), Sch. 13 para. 4); S.I. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, Sch.

Section 219.

F241 SCHEDULE 20 E+W+S SRA bye-laws

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

Section 220.

F241 SCHEDULE 21 E+W+S Transfer schemes by SRA

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

Section 227.

SCHEDULE 22 U.K. Renaming of rail users’ consultative committees

Part I U.K. Amendments of Railways Act 1993

1 U.K. The M92 Railways Act 1993 has effect subject to the following amendments.

Commencement Information

I222 Sch. 22 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M92 1993 c. 43.

F242 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F242 Sch. 22 paras. 2-7 repealed (24.7.2005 for the repeal of Sch. 22 paras. 2, 3, 7, 1.12.2006 for remaining repeals) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2), Sch. 13 para. 5); S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, Sch.

F242 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F242 Sch. 22 paras. 2-7 repealed (24.7.2005 for the repeal of Sch. 22 paras. 2, 3, 7, 1.12.2006 for remaining repeals) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2), Sch. 13 para. 5); S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, Sch.

F242 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F242 Sch. 22 paras. 2-7 repealed (24.7.2005 for the repeal of Sch. 22 paras. 2, 3, 7, 1.12.2006 for remaining repeals) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2), Sch. 13 para. 5); S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, Sch.

F242 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F242 Sch. 22 paras. 2-7 repealed (24.7.2005 for the repeal of Sch. 22 paras. 2, 3, 7, 1.12.2006 for remaining repeals) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2), Sch. 13 para. 5); S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, Sch.

F242 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F242 Sch. 22 paras. 2-7 repealed (24.7.2005 for the repeal of Sch. 22 paras. 2, 3, 7, 1.12.2006 for remaining repeals) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2), Sch. 13 para. 5); S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, Sch.

F242 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F242 Sch. 22 paras. 2-7 repealed (24.7.2005 for the repeal of Sch. 22 paras. 2, 3, 7, 1.12.2006 for remaining repeals) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2), Sch. 13 para. 5); S.I. 2005/1909, art. 2, Sch.; S.I. 2006/2911, Sch.

8 [F243 (1) Section 76 (general duties of Central Committee) is amended as follows. U.K.

(2) In subsection (1), for “Central Committee” substitute “ Rail Passengers’ Council ”.

(3) In subsection (2), for “Committee” (in each place) substitute “ Rail Passengers’ Council ”.

(4) In subsection (3)—

(a) for “Central Committee” substitute “ Rail Passengers’ Council ”,

F244 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) for “the Committee” substitute “ the Rail Passengers’ Council ”.

(5) In subsection (4)—

(a) for “Central Committee” substitute “ Rail Passengers’ Council ”, and

(b) for “the Committee” (in both places) substitute “ the Rail Passengers’ Council ”.

(6) In subsection (5), for—

(a) “the Central Committee” and

(b) “the Committee”,

substitute “ the Rail Passengers’ Council ”.

(7) In subsection (6), for “Central Committee” (in both places) substitute “ Rail Passengers’ Council ”.

(8) In subsection (7)—

(a) for “Central Committee” substitute “ Rail Passengers’ Council ”, and

(b) for “the Committee” (in both places) substitute “ the Rail Passengers’ Council ”.

(9) In the sidenote, for “Central Committee” substitute “ Rail Passengers’ Council ”.

(10) In the heading before section 76, for “Central Committee and the consultative committees” substitute “ Rail Passengers’ Council F245 ... ”.]

Textual Amendments

F243 Sch. 22 para. 8 omitted (E.W.S.) (25.2.2010) by virtue of The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 8(3)

F244 Sch. 22 para. 8(4)(b) 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.

F245 Words in Sch. 22 para. 8(10) 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.

Commencement Information

I223 Sch. 22 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F246 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F246 Sch. 22 paras. 9-14 repealed (24.7.2005 for the repeal of Sch. 22 paras. 9-13, 1.12.2006 for remaining repeal) 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.; S.I. 2006/2911, Sch.

F246 10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F246 Sch. 22 paras. 9-14 repealed (24.7.2005 for the repeal of Sch. 22 paras. 9-13, 1.12.2006 for remaining repeal) 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.; S.I. 2006/2911, Sch.

F246 11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F246 Sch. 22 paras. 9-14 repealed (24.7.2005 for the repeal of Sch. 22 paras. 9-13, 1.12.2006 for remaining repeal) 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.; S.I. 2006/2911, Sch.

F246 12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F246 Sch. 22 paras. 9-14 repealed (24.7.2005 for the repeal of Sch. 22 paras. 9-13, 1.12.2006 for remaining repeal) 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.; S.I. 2006/2911, Sch.

F246 13 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F246 Sch. 22 paras. 9-14 repealed (24.7.2005 for the repeal of Sch. 22 paras. 9-13, 1.12.2006 for remaining repeal) 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.; S.I. 2006/2911, Sch.

F246 14 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F246 Sch. 22 paras. 9-14 repealed (24.7.2005 for the repeal of Sch. 22 paras. 9-13, 1.12.2006 for remaining repeal) 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.; S.I. 2006/2911, Sch.

Part II U.K. Amendments of other enactments

Transport Act 1962 (c.46) U.K.

15 (1) Section 56 of the Transport Act 1962 (functions of Central Committee and consultative committees) is amended as follows. U.K.

(2) In subsection (4)—

(a) for the words from “duty” to “consider” substitute “ duty of the Rail Passengers’ Council and each Rail Passengers’ Committee to consider ”,

(b) for “the committee” (in each place) substitute “ the Rail Passengers’ Council or Rail Passengers’ Committee ”,

F247 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F247 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F247 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F248 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (6ZA)—

F249 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “that committee and the Central Committee” substitute “ that Rail Passengers’ Committee and the Rail Passengers’ Council ”.

F250 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F250 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F247 Sch. 22 para. 15(2)(c)-(e) 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.

F248 Sch. 22 para. 15(3) 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.

F249 Sch. 22 para. 15(4)(a) 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.

F250 Sch. 22 para. 15(5)(6) 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.

Commencement Information

I224 Sch. 22 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Parliamentary Commissioner Act 1967 (c.13) U.K.

16 U.K. In Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), insert (at the appropriate places in alphabetical order)—

“Rail Passengers’ Committees.

Rail Passengers’ Council.”

Commencement Information

I225 Sch. 22 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Transport Act 1968 (c.73) U.K.

17 U.K. In section 55(1) of the Transport Act 1968 (exclusion of Waterways Board), for “the Central Committee and the consultative committees, within the meaning of that section,” substitute “ the Rail Passengers’ Council and the Rail Passengers’ Committees ”.

Commencement Information

I226 Sch. 22 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Chronically Sick and Disabled Persons Act 1970 (c.44) U.K.

F251 18 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F251 Sch. 22 para. 18 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.

House of Commons Disqualification Act 1975 (c.24) U.K.

19 U.K. In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), insert (at the appropriate places in alphabetical order)—

“Member of a Rail Passengers’ Committee in receipt of remuneration.

Member of the Rail Passengers’ Council in receipt of remuneration.”

Commencement Information

I227 Sch. 22 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Channel Tunnel Act 1987 (c.53) U.K.

20 U.K. [F252 In section 41(1) of the Channel Tunnel Act 1987 (consultative committees), for the words from “Central” to “Users Consultative” substitute “ Rail Passengers’ Council and each of the Rail Passengers’ ”.]

Textual Amendments

F252 Sch. 22 para. 20 omitted (E.W.S.) (25.2.2010) by virtue of The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 8(3)

Commencement Information

I228 Sch. 22 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Greater London Authority Act 1999 (c.29) U.K.

21 E+W+S The Greater London Authority Act 1999 has effect subject to the following amendments.

Commencement Information

I229 Sch. 22 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F253 22 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F253 Sch. 22 para. 22 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.

23 U.K. In section 252 (London Transport Users’ Committee as Rail Users’ Consultative Committee)—

F254 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the sidenote, for “rail users’ consultative committee” substitute “ Rail Passengers’ Committee ”.

Textual Amendments

F254 Sch. 22 para. 23(a) 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.

Commencement Information

I230 Sch. 22 Pt. II wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F255 24 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Sch. 22 para. 24 omitted (25.2.2010) by virtue of The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 8(3)

Section 229.

SCHEDULE 23 U.K. Finances and procedures of rail users’ consultative committees

Introductory E+W+S

F256 1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F256 Sch. 23 paras. 1-9 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.

Remuneration of members U.K.

F256 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F256 Sch. 23 paras. 1-9 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.

F256 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F256 Sch. 23 paras. 1-9 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.

Financial duties U.K.

F256 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F256 Sch. 23 paras. 1-9 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.

F256 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F256 Sch. 23 paras. 1-9 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.

Procedures U.K.

F256 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F256 Sch. 23 paras. 1-9 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.

F256 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F256 Sch. 23 paras. 1-9 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.

Sub-committees and committees U.K.

F256 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F256 Sch. 23 paras. 1-9 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.

F256 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F256 Sch. 23 paras. 1-9 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.

Public records U.K.

10 U.K. In the First Schedule to the M93 Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3, insert (at the appropriate place in alphabetical order)—

	“Rail Passengers’ Committees.
	Rail Passengers’ Council.”

Commencement Information

I231 Sch. 23 para. 10 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M93 1958 c. 51.

Section 231.

SCHEDULE 24 U.K. Review of access charges by Regulator

The Schedule to be inserted after Schedule 4 to the M94 Railways Act 1993 is as follows—

“SCHEDULE 4A U.K. Review of access charges by Regulator

Introductory U.K.

1 (1) For the purposes of this Schedule an access charges review is a review by the Regulator of the terms of an access agreement, or of the terms of an access agreement and the conditions of any linked licence, as to—

(a) the amounts payable under the access agreement by one of the parties to the other; and

(b) the times at which, and manner in which, those amounts are payable.

(2) In this Schedule “linked licence”, in relation to an access agreement, means a licence of which the holder is—

(a) the facility owner, or installation owner, who is a party to the access agreement; or

(b) any other person who has an estate or interest in, or right over, the railway facility or network installation to which the access agreement relates.

Main provisions U.K.

2 (1) The procedure for the implementation of an access charges review shall be as provided for by paragraphs 4 to 16 of this Schedule.

(2) And any procedure relating to the implementation of an access charges review for which the access agreement or any linked licence makes provision shall not apply.

3 An access charges review may include a consideration of—

(a) the time at which the next access charges review in relation to the access agreement may be undertaken; and

(b) circumstances in which an access charges review in relation to the access agreement may be undertaken before that time.

Review notice U.K.

4 (1) The implementation of an access charges review shall be initiated by the Regulator giving notice (a “review notice”)—

(a) stating his conclusions on the access charges review and the reasons why he reached those conclusions;

(b) specifying the relevant changes which he proposes to make for or in connection with giving effect to those conclusions;

(c) stating, in relation to each of the proposed relevant changes, the date on which he proposes that it should come into operation; and

(d) specifying the period (not being less than six weeks from the date of publication of the notice) within which objections with respect to any of the proposed relevant changes, or the date on which it is proposed that it should come into operation, may be made by a person within sub-paragraph (4)(a) or (b) below.

(2) In this Schedule “relevant changes”, in relation to an access agreement, means—

(a) amendments of the access agreement;

(b) modifications of the conditions of any linked licence; or

(c) both such amendments and such modifications;

and references to the making of relevant changes are, in the case of amendments of the access agreement, references to directing the parties to the access agreement to make the amendments to the access agreement.

(3) The review notice shall be given—

(a) by publishing it in such manner as the Regulator considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by the proposed relevant changes; and

(b) by serving a copy on the persons specified in sub-paragraph (4) below.

(4) The persons referred to in sub-paragraph (3)(b) above are—

(a) the facility owner, or installation owner, who is a party to the access agreement;

(b) any other person who has an estate or interest in, or right over, the railway facility or network installation to which the access agreement relates and who the Regulator considers ought to be given a copy; and

(c) the beneficiary.

(5) In this Schedule “the beneficiary”—

(a) in relation to an access contract, has the meaning given by section 17(7) of this Act; and

(b) in relation to an installation access contract, has the meaning given by section 19(10) of this Act.

Notice of agreement U.K.

5 (1) If no objections are duly made by a person within paragraph 4(4)(a) or (b) above (or any that are so made are withdrawn), the Regulator shall give notice (a “notice of agreement”) stating that fact.

(2) The notice of agreement shall be given—

(a) by publishing it in such manner as the Regulator considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by the proposed relevant changes; and

(b) by serving a copy on the beneficiary.

Termination notice U.K.

6 (1) After a copy of a notice of agreement is served on the beneficiary, he may give notice (a “termination notice”) terminating the access agreement.

(2) The termination notice shall specify the date on which the access agreement is to terminate.

(3) The termination notice shall be given by serving a copy on—

(a) the facility owner or installation owner;

(b) any other person who has an estate or interest in, or right over, the railway facility or network installation and who received a copy of the review notice; and

(c) the Regulator.

(4) The date specified by the termination notice as that on which the access agreement is to terminate shall be neither—

(a) less than six months, nor

(b) more than one year,

after the copy of the termination notice is served on the facility owner or installation owner.

(5) The termination notice may not be given after the end of the period of 28 days beginning with the day on which the copy of the notice of agreement is served on the beneficiary.

Review implementation notice U.K.

7 (1) After a copy of a notice of agreement is served on the beneficiary and the time within which a termination notice may be given by him has expired—

(a) if he has not given a termination notice (or has withdrawn any notice which he has given), the Regulator shall (unless he acts under paragraph 8(2) below) give a review implementation notice; or

(b) if he has given (and not withdrawn) a termination notice, the Regulator may give such a notice.

(2) A review implementation notice is a notice stating that the Regulator’s conclusions on the access charges review are to be implemented as proposed in the review notice.

(3) The review implementation notice shall—

(a) specify the relevant changes which the Regulator is making; and

(b) state, in relation to each of the relevant changes, the date on which it comes into operation.

(4) The review implementation notice shall be given—

(a) by publishing it in such manner as the Regulator considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by the relevant changes; and

(b) by serving a copy on the persons on whom a copy of the review notice was served, the Authority and the Health and Safety Executive.

New review notice or Competition Commission reference U.K.

8 (1) This paragraph applies if—

(a) objections are duly made by a person within paragraph 4(4)(a) or (b) above (and not withdrawn); or

(b) although no objections are duly made by a person within paragraph 4(4)(a) or (b) above (or any that are so made are withdrawn), relevant objections are duly made (and not withdrawn) in relation to a similar review notice relating to another access agreement.

(2) The Regulator may—

(a) give a new review notice under paragraph 4 above; or

(b) make a reference to the Competition Commission under paragraph 9 below.

(3) For the purposes of sub-paragraph (1) above—

(a) “relevant objections”, in relation to another access agreement, means objections by a person who is within paragraph 4(4)(a) or (b) above in relation to that other access agreement; and

(b) one review notice is similar to another if they make provision which, in the opinion of the Regulator, is to broadly the same effect.

(4) Before acting under sub-paragraph (1) above, the Regulator shall consider the objections referred to in that sub-paragraph.

(5) If the Regulator gives a new review notice under paragraph 4 above by virtue of sub-paragraph (2)(a) above, the references in that paragraph and paragraph 7(2) above to his conclusions on the access charges review shall be read in relation to the new notice as references to those conclusions as modified since the previous review notice (in particular as the result of any objections or representations made in relation to it).

Reference to Competition Commission U.K.

9 (1) A reference to the Competition Commission under this paragraph shall be so framed as to require them to investigate and report on the questions specified in sub-paragraph (2) below.

(2) Those questions are—

(a) whether the matters considered on the access charges review which are specified in the reference operate, or may be expected to operate, against the public interest; and

(b) if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by the making of relevant changes.

(3) The Regulator may, at any time, by notice given to the Competition Commission vary a reference under this paragraph—

(a) by adding to the matters specified in the reference; or

(b) by excluding from the reference some or all of the matters so specified.

(4) On receipt of such a notice the Competition Commission shall give effect to the variation.

(5) The Regulator may specify in a reference under this paragraph, or a variation of such a reference, for the purpose of assisting the Competition Commission in carrying out the investigation on the reference—

(a) any effects adverse to the public interest which, in his opinion, the matters specified in the reference or variation have or may be expected to have; and

(b) any relevant changes by which, in his opinion, those effects could be remedied or prevented.

(6) As soon as practicable after making a reference under this paragraph, or a variation of such a reference, the Regulator—

(a) shall serve a copy of the reference or variation on the persons on whom a copy of the review notice was served; and

(b) shall publish particulars of the reference or variation in such manner as he considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.

(7) For the purpose of assisting the Competition Commission in carrying out an investigation on a reference under this paragraph, the Regulator shall give to the Competition Commission any information in his possession which relates to matters falling within the scope of the investigation and—

(a) is requested by the Competition Commission for that purpose; or

(b) is information which, in his opinion, it would be appropriate for that purpose to give to the Competition Commission without any such request;

and any other assistance which the Competition Commission may require, and which it is within his power to give, in relation to any such matters.

(8) For the purpose of carrying out such an investigation, the Competition Commission shall take account of any information given to them for that purpose under sub-paragraph (7) above.

(9) In determining for the purposes of this paragraph whether any particular matter operates, or may be expected to operate, against the public interest, the Competition Commission shall have regard to the matters as respects which duties are imposed on the Regulator by section 4 of this Act.

10 (1) The provisions mentioned in sub-paragraph (2) below are to apply in relation to references under paragraph 9 above as if—

(a) the functions of the Competition Commission in relation to those references were functions under the 1973 Act;

(b) the expression “merger reference” included a reference under that paragraph; and

(c) in section 70 of the 1973 Act references to the Secretary of State were references to the Regulator and the reference to three months were a reference to six months.

(2) The provisions are—

(a) sections 70 (time limit for report on merger), 85 (attendance of witnesses and production of documents) and 93B (false or misleading information) of the 1973 Act;

(b) Part II of Schedule 7 to the M95 Competition Act 1998 (performance of the Competition Commission’s general functions); and

(c) section 24 of the 1980 Act (modification of provisions about performance of such functions).

Report on reference U.K.

11 (1) In making a report on a reference under paragraph 9 above, the Competition Commission shall include in the report—

(a) definite conclusions on the questions comprised in the reference; and

(b) such an account of their reasons for those conclusions as in their opinion is expedient for facilitating a proper understanding of those questions and of their conclusions.

(2) Where they conclude that any of the matters specified in the reference operate, or may be expected to operate, against the public interest, they shall specify in the report the effects adverse to the public interest which those matters have or may be expected to have.

(3) Where they conclude that any adverse effects so specified could be remedied or prevented by the making of relevant changes, they shall in the report—

(a) specify the relevant changes by which those effects could be remedied or prevented; and

(b) state, in relation to each of the relevant changes, the date on which it should come into operation.

(4) A date stated in the report as that on which a relevant change should come into operation may be a date before the report is made, provided that it is not before the earliest date specified in the review notice for the coming into operation of a relevant change proposed in it.

(5) Section 82 of the 1973 Act (general provisions as to reports) shall apply in relation to reports of the Competition Commission on references under paragraph 9 above as it applies to reports of the Competition Commission under that Act.

(6) A report of the Competition Commission on a reference under paragraph 9 above shall be made to the Regulator.

(7) The Regulator shall, on receiving such a report, send a copy of it to the Secretary of State and the Authority.

(8) Not less than 14 days after that copy is received by the Secretary of State, the Regulator shall send a copy to each of the persons on whom a copy of the review notice was served.

(9) Not less than 24 hours after complying with sub-paragraph (8) above, the Regulator shall publish the report in such manner as he considers appropriate for bringing the report to the attention of persons likely to be affected by it.

(10) If it appears to the Secretary of State that the publication of any matter in the report would be against the public interest or the commercial interests of any person, he may, before the end of the period of 14 days after he receives his copy of the report, direct the Regulator to exclude that matter from—

(a) every copy of the report sent under sub-paragraph (8) above, and

(b) the version of the report published under sub-paragraph (9) above.

Changes following report U.K.

12 (1) Where a report of the Competition Commission on a reference under paragraph 9 above—

(a) includes conclusions to the effect that any of the matters specified in the reference operate, or may be expected to operate, against the public interest,

(b) specifies effects adverse to the public interest which those matters have or may be expected to have,

(c) includes conclusions to the effect that those effects could be remedied or prevented by the making of relevant changes, and

(d) specifies relevant changes by which those effects could be remedied or prevented,

the Regulator shall, subject to the following provisions of this paragraph and paragraph 13 below, make such relevant changes as appear to him requisite for the purpose of remedying or preventing the adverse effects specified in the report.

(2) Before making relevant changes under this paragraph, the Regulator shall have regard to the relevant changes specified in the report.

(3) Before making relevant changes under this paragraph, the Regulator shall give notice—

(a) stating that he proposes to make the relevant changes and setting out their effect,

(b) stating the reasons why he proposes to make the relevant changes,

(c) stating, in relation to each of the proposed relevant changes, the date on which he proposes that it should come into operation, and

(d) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed relevant changes may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(4) A notice under sub-paragraph (3) above shall be given—

(a) by publishing the notice in such manner as the Regulator considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the relevant changes; and

(b) by serving a copy of the notice on the persons on whom a copy of the review notice was served.

(5) Where (after considering any representations or objections which are duly made and not withdrawn) the Regulator proposes to make relevant changes under this paragraph, he shall give notice to the Competition Commission—

(a) setting out the relevant changes he proposes to make;

(b) stating the reasons why he proposes to make the relevant changes; and

(c) stating, in relation to each of the proposed relevant changes, the date on which he proposes that it should come into operation.

(6) The Regulator shall include with the notice under sub-paragraph (5) above a copy of any representations and objections which have been considered.

(7) A date stated in a notice under sub-paragraph (3) or (5) above as that on which a relevant change should come into operation may be a date before the notice is given, provided that it is not before the earliest date specified in the review notice for the coming into operation of a relevant change proposed in it.

(8) If the period within which a direction may be given by the Competition Commission under paragraph 13 below expires without such a direction being given, the Regulator shall make the relevant changes set out in the notice under sub-paragraph (5) above.

(9) If a direction is given by the Competition Commission under paragraph 13(1)(b) below, the Regulator shall make such of those relevant changes as are not specified in the direction.

(10) As soon as practicable after making relevant changes under this paragraph, the Regulator shall send a copy of the relevant changes to the Authority and the Health and Safety Executive.

Competition Commission’s power to veto changes U.K.

13 (1) The Competition Commission may, within the period of four weeks beginning with the day on which they are given notice under paragraph 12(5) above, give a direction to the Regulator—

(a) not to make the relevant changes set out in the notice; or

(b) not to make such of those relevant changes as are specified in the direction.

(2) The Secretary of State may, if an application is made to him by the Competition Commission within that period of four weeks, extend the period within which a direction may be given under this paragraph to one of six weeks beginning with the day on which the Competition Commission are given notice under paragraph 12(5) above.

(3) The Competition Commission may give a direction under this paragraph only if the relevant changes to which it relates do not appear to them requisite for the purpose of remedying or preventing the adverse effects specified in their report on the reference under paragraph 9 above.

(4) If the Competition Commission give a direction under this paragraph, they shall give notice—

(a) setting out the relevant changes contained in the notice given under paragraph 12(5) above;

(b) setting out the direction; and

(c) stating the reasons why they are giving the direction.

(5) A notice under sub-paragraph (4) above shall be given—

(a) by publishing the notice in such manner as the Competition Commission consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the direction; and

(b) by serving a copy of the notice on the persons on whom a copy of the review notice was served.

Making of changes by Competition Commission U.K.

14 (1) If the Competition Commission give a direction under paragraph 13 above, they shall themselves make such relevant changes as appear to them requisite for the purpose of remedying or preventing—

(a) the adverse effects specified in their report on the reference under paragraph 9 above; or

(b) such of those adverse effects as would not be remedied or prevented by the relevant changes made by the Regulator under paragraph 12(9) above.

(2) In exercising the function conferred by sub-paragraph (1) above, the Competition Commission shall have regard to the matters as respects which duties are imposed on the Regulator by section 4 of this Act.

(3) Before making relevant changes under this paragraph, the Competition Commission shall give notice—

(a) stating that they propose to make the relevant changes and setting out their effect,

(b) stating the reasons why they propose to make the relevant changes,

(c) stating, in relation to each of the proposed relevant changes, the date on which they propose that it should come into operation, and

(d) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(4) A date stated in a notice under sub-paragraph (3) above as that on which a relevant change should come into operation may be a date before the notice is given, provided that it is not before the earliest date specified in the review notice for the coming into operation of a relevant change proposed in it.

(5) A notice under sub-paragraph (3) above shall be given—

(a) by publishing the notice in such manner as the Competition Commission consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the relevant changes; and

(b) by serving a copy of the notice on the persons on whom a copy of the review notice was served.

(5) As soon as practicable after making any relevant changes under this paragraph, the Competition Commission shall send a copy of those relevant changes to the Regulator, the Authority and the Health and Safety Executive.

Paragraphs 13 and 14: supplementary U.K.

15 (1) The provisions mentioned in sub-paragraph (2) below are to apply in relation to the exercise by the Competition Commission of their functions under paragraphs 13 and 14 above as if—

(a) in section 82(1) and (2) of the 1973 Act references to a report of the Competition Commission under that Act were references to a notice under paragraph 13(4) or 14(3) above;

(b) in section 85 of that Act references to an investigation on a reference made to the Competition Commission were references to an investigation by the Competition Commission for the purposes of the exercise of their functions under those paragraphs; and

(c) in section 93B of that Act references to the functions of the Competition Commission under that Act were references to their functions under those paragraphs.

(2) The provisions are—

(a) sections 82(1) and (2) (general provisions as to reports), 85 (attendance of witnesses and production of documents) and 93B (false or misleading information) of the 1973 Act;

(b) Part II of Schedule 7 to the M96 Competition Act 1998 (performance of the Competition Commission’s general functions); and

(c) section 24 of the 1980 Act (modification of provisions about performance of such functions).

(3) For the purpose of assisting the Competition Commission in exercising their functions under paragraphs 13 and 14 above, the Regulator shall give to the Competition Commission any information in his possession which relates to matters relevant to the exercise of those functions and—

(a) is requested by the Competition Commission for that purpose; or

(b) is information which, in his opinion, it would be appropriate for that purpose to give to the Competition Commission without any such request;

and any other assistance which the Competition Commission may require, and which it is within his power to give, in relation to any such matters.

(4) For the purpose of exercising those functions, the Competition Commission shall take account of any information given to them for that purpose under sub-paragraph (3) above.

Termination notice in response to proposals after reference U.K.

16 (1) Where a notice is served on the beneficiary under paragraph 12(3) or 14(3) above, he may give notice (a “post-reference termination notice”) terminating the access agreement.

(2) The post-reference termination notice shall specify the date on which the access agreement is to terminate.

(3) The post-reference termination notice shall be given by serving a copy on—

(a) the facility owner or installation owner;

(b) any other person who has an estate or interest in, or right over, the railway facility or network installation and who received a copy of the review notice; and

(c) the Regulator.

(4) The date specified by the post-reference termination notice as that on which the access agreement is to terminate shall be neither—

(a) less than six months, nor

(b) more than one year,

after the copy of the post-reference termination notice is served on the facility owner or installation owner.

(5) The post-reference termination notice may not be given after the end of the period of 28 days beginning with the day on which the copy of the notice under paragraph 12(3) or 14(3) above is served on the beneficiary.”

Marginal Citations

M94 1993 c. 43.

M95 1998 c. 41.

M96 1998 c. 41.

Section 240.

SCHEDULE 25 U.K. Transfer of BR’s property etc. to Secretary of State

Transfer schemes E+W+S

1 (1) The Secretary of State may make one or more schemes for the transfer to him of any property, rights and liabilities of the Board, other than the property, rights and liabilities relating to the transport police transferred under Schedule 18. E+W+S

(2) In this Schedule “transfer scheme” means a scheme under this paragraph.

Commencement Information

I232 Sch. 25 para. 1 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Contents of transfer scheme E+W+S

2 (1) The property, rights and liabilities which may be transferred by a transfer scheme include property, rights and liabilities that would not otherwise be capable of being transferred or assigned. E+W+S

(2) The transfers authorised by sub-paragraph (1) include transfers which are to take effect as if there were no such contravention, liability or interference with any interest or right as there would otherwise be by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

Commencement Information

I233 Sch. 25 para. 2 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

3 E+W+S A transfer scheme may define the property, rights and liabilities to be transferred to the Secretary of State by specifying them or describing them or by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the Board (or partly in one way and partly in the other).

Commencement Information

I234 Sch. 25 para. 3 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

4 E+W+S A transfer scheme may contain provision—

(a) for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the Board,

(b) for the creation in favour of the Secretary of State of an interest in or right over, property retained by the Board,

(c) for the creation of rights and liabilities as between the Secretary of State and the Board, or

(d) for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against the Secretary of State.

Commencement Information

I235 Sch. 25 para. 4 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

5 E+W+S A transfer scheme may make such supplementary, incidental and consequential provision as the Secretary of State considers appropriate.

Commencement Information

I236 Sch. 25 para. 5 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Functions under legislation E+W+S

6 (1) A transfer scheme may provide that any functions of the Board under a statutory provision shall be transferred to the Secretary of State. E+W+S

(2) Sub-paragraph (1) applies in relation to any function under a statutory provision if and to the extent that the statutory provision—

(a) relates 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 property or the acquisition of land for the purpose of carrying out any such works.

(3) 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) other than the M97 Railways Act 1993 or this Part.

Commencement Information

I237 Sch. 25 para. 6 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M97 1993 c. 43.

Effect of transfer scheme E+W+S

7 E+W+S On the date appointed by a transfer scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this paragraph, be transferred in accordance with the provisions of the scheme.

Commencement Information

I238 Sch. 25 para. 7 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

8 E+W+S Nothing in this Act affects the validity of anything done by or in relation to the Board in connection with anything transferred by a transfer scheme.

Commencement Information

I239 Sch. 25 para. 8 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

9 E+W+S There may be continued by or in relation to the Secretary of State anything (including legal proceedings) relating to anything transferred by a transfer scheme which is in the process of being done by or in relation to the Board immediately before it is transferred.

Commencement Information

I240 Sch. 25 para. 9 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

10 E+W+S Anything done by the Board for the purpose of or in connection with anything transferred by a transfer scheme which is in effect immediately before it is transferred shall be treated as if done by the Secretary of State.

Commencement Information

I241 Sch. 25 para. 10 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

11 E+W+S The Secretary of State shall be substituted for the Board in documents and legal proceedings relating to anything transferred by a transfer scheme.

Commencement Information

I242 Sch. 25 para. 11 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Transfer of employees U.K.

12 U.K. Where a person employed by the Board becomes employed in the civil service of the state by virtue of a transfer scheme—

(a) for the purposes of Part XI of the M98 Employment Rights Act 1996, he shall not be regarded as having been dismissed by virtue of the transfer, and

(b) for the purposes of that Act, his period of employment with the Board counts as a period of employment in the civil service of the state and the change of employment does not break the continuity of the period of employment.

Commencement Information

I243 Sch. 25 para. 12 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M98 1996 c. 18.

[F257 Duties in relation to foreign property U.K.

Textual Amendments

F257 Sch. 25 para. 12A and cross-heading inserted (24.7.2005) by Railways Act 2005 (c. 14), s. 60(2), Sch. 12 para. 17(8); S.I. 2005/1909, art. 2, Sch.

12A (1) Where there is a transfer in accordance with a transfer scheme of— U.K.

(a) foreign property, or

(b) a foreign right or liability,

the Board and the Secretary of State must take all requisite steps to secure that the vesting of the foreign property, right or liability in the Secretary of State by this Act is effective under the relevant foreign law.

(2) Until the vesting of the foreign property, right or liability in the Secretary of State in accordance with the transfer scheme is effective under the relevant foreign law, the Board must—

(a) hold the property or right for the benefit of the Secretary of State; or

(b) discharge the liability on behalf of the Secretary of State.

(3) Nothing in sub-paragraph (1) or (2) prejudices the effect under the law of a part of the United Kingdom of the vesting of any foreign property, right or liability in the Secretary of State in accordance with a transfer scheme.

(4) References in this paragraph to foreign property, or to a foreign right or liability, are references to any property, right or liability as respects which an issue arising in any proceedings would be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(5) An obligation imposed under this paragraph in relation to property, rights or liabilities shall be enforceable as if contained in a contract between the Board and the Secretary of State.]

Modification of transfer scheme E+W+S

13 (1) If at any time after a transfer scheme has come into force the Secretary of State considers it appropriate to do so, he may by order provide that the scheme shall for all purposes be deemed to have come into force with such modifications, other than modifications relating to the transfer of rights and liabilities under a contract of employment, as may be specified in the order. E+W+S

(2) An order under sub-paragraph (1) may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme, and in connection with giving effect to that provision from that time may contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

(3) An order under sub-paragraph (1) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I244 Sch. 25 para. 13 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Provision of information to Secretary of State E+W+S

14 E+W+S The Board shall provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of or in connection with the exercise of any of the powers conferred on him by this Part of this Schedule.

Commencement Information

I245 Sch. 25 para. 14 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Consultation E+W+S

15 E+W+S Before making a transfer scheme, or an order modifying such a scheme, the Secretary of State shall consult the Board F258 ... .

Textual Amendments

F258 Words in Sch. 25 para. 15 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.

Section 250.

SCHEDULE 26 U.K. Transfers: tax

Part I U.K. Interpretation

1 (1) In this Schedule— U.K.

• “the 1988 Act” means the M99 Income and Corporation Taxes Act 1988,

• F259 ....

• “the 1992 Act” means the M100 Taxation of Chargeable Gains Act 1992,

• [F260 “the Capital Allowances Act” means the Capital Allowances Act 2001 and includes, where the context admits, enactments which under the 1988 Act are to be treated as contained in the Capital Allowances Act 2001,]

• “fixture” has the same meaning as in [F261 Chapter 14 of Part 2 of the Capital Allowances Act],

• “franchise company” means any body corporate which is, or is to be, the franchisee or the franchise operator under a franchise agreement, and

• “qualifying transfer” means a transfer which is a relevant transfer for the purposes of any of Parts II to VI of this Schedule.

(2) So far as it relates to corporation tax, this Schedule is to be construed as one with the Corporation Tax Acts.

(3) So far as it relates to capital allowances, this Schedule is to be construed as one with [F262 the Capital Allowances Act].

Textual Amendments

F259 Sch. 26 para. 1(1): Definition of “the 1990 Act” repealed (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, ss. 578, 580, Sch. 2 para. 109(1)(a), Sch. 4

F260 Sch. 26 para. 1(1): Definition of “the Capital Allowances Act” substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(1)(b)

F261 Sch. 26 para. 1(1): Words in the definition of “fixture” substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(1)(c)

F262 Words in Sch. 26 para. 1(3) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(2)

Marginal Citations

M99 1988 c. 1.

M100 1992 c. 12.

Part II U.K. Transfers to SRA from Franchising Director, Secretary of State and [F263 the Office of Rail and Road]

Textual Amendments

F263 Words in Sch. 26 Pt. 2 heading substituted (E.W.S) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(p)(vi)

Interpretation U.K.

2 U.K. In this Part of this Schedule—

• “relevant transfer” means a transfer of property, rights or liabilities by virtue of—

  (a)

  section 215,

  (b)

  a scheme under paragraph 1 of Schedule 15, or

  (c)

  a scheme under paragraph 31 of Schedule 17,

• “transferee”, in relation to a relevant transfer, means the Authority, and

• “transferor”, in relation to a relevant transfer, means the person from whom the property, rights or liabilities are transferred.

Chargeable gains: no gain no loss U.K.

3 U.K. For the purposes of the 1992 Act a disposal by virtue of provision made under paragraph 34(a) of Schedule 17 is to be taken to be for a consideration such that no gain or loss accrues to the person making the disposal.

Chargeable gains: disposal of debts U.K.

4 (1) Sub-paragraph (2) applies if in the case of a relevant transfer— U.K.

(a) a debt owed to the transferor is transferred to the transferee, and

(b) the transferor would, apart from this paragraph, be the original creditor in relation to that debt for the purposes of section 251 of the 1992 Act (disposal of debts).

(2) The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.

Capital allowances for plant and machinery U.K.

5 (1) This paragraph applies in relation to property if— U.K.

(a) the property is plant or machinery to which a relevant transfer relates,

(b) the property would have been treated for the purposes of [F264 the Capital Allowances Act] (had the transferor incurred expenditure qualifying for allowances under [F264 Part 2 of that Act]on the provision of the property) as disposed of by the transferor to the transferee on the transfer taking effect, and

(c) the relevant order or scheme contains provision for the transferee to be taken for the purposes of [F265 that Act] to have incurred capital expenditure of an amount specified in or determined in accordance with the order or scheme on the provision of the property.

(2) For the purposes of [F266 the Capital Allowances Act]—

(a) the transferee is to be taken to have incurred capital expenditure of that amount on the provision of the property for the purposes for which it is used by the transferee on and after the taking effect of the transfer,

(b) the property is to be taken as belonging to the transferee in consequence of the transferee having incurred that expenditure, and

(c) in the case of a fixture, the expenditure which falls to be treated as incurred by the transferee is to be taken for the purposes of [F267 sections 181(1) and 182(1) of that Act] to be incurred by the giving of a consideration consisting in a capital sum of that amount.

(3) In sub-paragraph (1)(c) “the relevant order or scheme” means—

(a) in the case of a transfer by virtue of section 215, an order made by the Secretary of State by statutory instrument, or

(b) in the case of a transfer by virtue of a scheme under paragraph 1 of Schedule 15 or paragraph 31 of Schedule 17, the scheme concerned.

(4) A provision mentioned in sub-paragraph (1)(c) for the determination of an amount may include provision—

(a) for a determination to be made by the Secretary of State in a manner described in the order or scheme,

(b) for a determination to be made by reference to factors so described or to the opinion of a person so described, and

(c) for a determination to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.

(5) The Treasury’s consent is required for the making or modification of a determination under a provision mentioned in sub-paragraph (1)(c).

(6) The transferee’s consent is also required for such a modification after the relevant transfer takes effect.

(7) If there is a determination or a modification of a determination under a provision mentioned in sub-paragraph (1)(c) all necessary adjustments—

(a) must be made by making assessments or by repayment or discharge of tax, and

(b) must be made despite any limitation on the time within which assessments may be made.

Textual Amendments

F264 Words in Sch. 26 para. 5(1)(b) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(3)

F265 Words in Sch. 26 para. 5(1)(c) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(4)

F266 Words in Sch. 26 para. 5(2) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(5)(a)

F267 Words in Sch. 26 para. 5(2)(c) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(5)(b)

Capital allowances for plant and machinery: connected persons U.K.

6 U.K. For the purposes of [F268 Part 2 of the Capital Allowances Act] references in that Part to a transaction (however described) between connected persons [F269 (see section 575 of that Act)] are not to include references to a relevant transfer.

Textual Amendments

F268 Words in Sch. 26 para. 6 substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(6)

F269 Words in Sch. 26 para. 6 substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 322(2) (with Sch. 2)

Loan relationships U.K.

7 (1) Sub-paragraph (2) applies if as a result of a relevant transfer the transferee replaces, or (if the transferor had been a company) would have replaced, the transferor as a party to a loan relationship. U.K.

(2) [F270 Part 5 of the Corporation Tax Act 2009] is to have effect in relation to the time when the relevant transfer takes effect and any later time as if—

(a) the transferee had been a party to the loan relationship at the time the transferor became, or (if the transferor had been a company) would have become, a party to the loan relationship and at all times since that time, and

(b) the loan relationship to which the transferee is a party after the time the transfer takes effect is the same loan relationship as that to which, by virtue of paragraph (a), it is treated as having been a party before that time.

(3) For the purposes of sub-paragraph (2) the transferor (and accordingly the transferee) is to be taken to have accounted for the loan relationship in accordance with [F271 a basis of accounting] corresponding to that in accordance with which the transferee accounts for the loan relationship in the accounting period in which the transfer takes effect.

(4) Expressions used in this paragraph and in [F272 Part 5 of the Corporation Tax Act 2009] have the same meanings in this paragraph as in [F272 that Part].

Textual Amendments

F270 Words in Sch. 26 para. 7(2) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(2)(a) (with Sch. 2 Pts. 1, 2)

F271 Words in Sch. 26 para. 7(3) substituted (with effect in accordance with s. 52(3) of the amending Act) by Finance Act 2004 (c. 12), Sch. 10 para. 46

F272 Words in Sch. 26 para. 7(4) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(2)(b) (with Sch. 2 Pts. 1, 2)

Part III U.K. Transfers from BR to SRA

Interpretation U.K.

8 U.K. In this Part of this Schedule—

• “relevant transfer” means a transfer of property, rights or liabilities by virtue of—

  (a)

  paragraph 11 of Schedule 18, or

  (b)

  a scheme under paragraph 1 of Schedule 19,

• “transferee”, in relation to a relevant transfer, means the Authority, and

• “transferor”, in relation to a relevant transfer, means the Board.

Chargeable gains: general U.K.

9 U.K. For the purposes of the 1992 Act a disposal—

(a) constituted by a relevant transfer, or

(b) by virtue of provision made under paragraph 4 of Schedule 19,

is to be taken (in relation to the person to whom the disposal is made as well as the person making the disposal) to be for a consideration such that no gain or loss accrues to the person making the disposal.

Chargeable gains: restriction of losses U.K.

10 (1) If there has been a disposal of an asset— U.K.

(a) constituted by a relevant transfer, or

(b) by virtue of provision made under paragraph 4 of Schedule 19,

subsection (8) of section 41 of the 1992 Act (which applies that section to cases where assets have been acquired without gain or loss) is to have effect as if the asset had been disposed of and acquired in circumstances mentioned in that subsection.

(2) This paragraph is not to prejudice paragraph 9.

Chargeable gains: groups U.K.

11 (1) Sub-paragraph (2) applies if a company (“the degrouped company”)— U.K.

(a) acquired an asset from another company at any time when both were members of the same group of companies (“the old group”), and

(b) ceases by virtue of a relevant transfer to be a member of the old group.

(2) Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.

(3) If sub-paragraph (2) applies to an asset, that section is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of a group of companies (“the new group”), otherwise than by virtue of a qualifying transfer, as if the degrouped company and the company from which it acquired the asset had been members of the new group at the time of acquisition.

(4) If, disregarding any preparatory transactions, a company would be regarded for the purposes of section 179 of the 1992 Act (and, accordingly, of this paragraph) as ceasing to be a member of a group of companies by virtue of a qualifying transfer, it is to be regarded for those purposes as so doing by virtue of the qualifying transfer and not by virtue of any preparatory transactions.

(5) In this paragraph “preparatory transaction” means anything done under or by virtue of this Part of this Act for the purpose of initiating, advancing or facilitating the qualifying transfer in question.

(6) Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Chargeable gains: disposal of debts U.K.

12 (1) Sub-paragraph (2) applies if in the case of a relevant transfer— U.K.

(a) a debt owed to the transferor is transferred to the transferee, and

(b) the transferor would, apart from this paragraph, be the original creditor in relation to that debt for the purposes of section 251 of the 1992 Act (disposal of debts).

(2) The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.

Continuity in relation to capital allowances etc. where trade transferred U.K.

13 [F273 (1) Sub-paragraphs (2) to (4) apply if— U.K.

(a) the transferor ceased to carry on a trade by virtue of a relevant transfer taking effect, and

(b) on the taking effect of that transfer, the transferee began to carry on the trade.

This sub-paragraph is to be read with sub-paragraph (8).]

(2) Subject to sub-paragraphs (3) and (4), in a case falling within sub-paragraph (1)—

(a) there are to be made to or on the transferee in accordance with [F274 the Capital Allowances Act] all such allowances and charges as would, if the transferor had continued to carry on the trade, have fallen to be made to or on the transferor, and

(b) the amount of any such allowance or charge is to be computed as if—

(i) the transferee had been carrying on the trade since the transferor began to do so, and

(ii) everything done to or by the transferor had been done to or by the transferee (but so that the relevant transfer itself, so far as it relates to any assets in use for the purpose of the trade, shall not be treated as giving rise to any such allowance or charge).

(3) For the purposes of the Corporation Tax Acts, only such amounts (if any) as may be specified in or determined in accordance with an order made by the Secretary of State by statutory instrument are to be allocated to the transferee in respect of expenditure by reference to which capital allowances may be made by virtue of sub-paragraph (2) in relation to anything to which the transfer relates.

(4) Sub-paragraph (2) is to affect the amounts falling to be taken into account in relation to the transferor as expenditure by reference to which capital allowances may be made only so far as necessary to give effect to a reduction of any such amount by a sum equal to so much of that amount as is allocated to the transferee as mentioned in sub-paragraph (3).

(5) An order under sub-paragraph (3) may include provision—

(a) for a determination to be made by the Secretary of State in a manner described in the order,

(b) for a determination to be made by reference to factors so described or to the opinion of a person so described, and

(c) for a determination to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.

(6) The Treasury’s consent is required for the making or modification of a determination of any such amount as is mentioned in sub-paragraph (3).

(7) The transferee’s consent is also required for such a modification after the relevant transfer takes effect.

(8) In determining whether sub-paragraph (1) has effect in relation to a relevant transfer in a case where—

(a) the transferor continues to carry on any trade or part of a trade after the transfer takes effect, or

(b) the transferee was carrying on any trade before the transfer takes effect,

the trade or part of a trade which is continued, or was being carried on, shall for the purposes of that sub-paragraph be treated in relation to any trade or part of a trade which is transferred by virtue of the transfer as a separate trade and shall accordingly be disregarded.

(9) If there is a determination or a modification of a determination for any purposes of this paragraph, all necessary adjustments—

(a) must be made by making assessments or by repayment or discharge of tax, and

(b) must be made despite any limitation on the time within which assessments may be made.

Textual Amendments

F273 Sch. 26 para. 13(1) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(3) (with Sch. 2 Pts. 1, 2)

F274 Words in Sch. 26 para. 13(1)(2)(a) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(7)

Capital allowances for plant and machinery U.K.

14 (1) This paragraph applies in relation to property if— U.K.

(a) the property is plant or machinery to which a relevant transfer relates,

(b) paragraph 13 does not apply in relation to the transfer of the property to the transferee,

(c) the property would be treated for the purposes of [F275 the Capital Allowances Act] as disposed of by the transferor to the transferee on the transfer taking effect, and

(d) the scheme concerned contains provision for the disposal value of the property to be taken for the purposes of [F276 that Act] to be of an amount specified in or determined in accordance with the scheme.

(2) For the purposes of [F277 the Capital Allowances Act]—

(a) the provision mentioned in sub-paragraph (1)(d) is to have effect (instead of [F278 section 61(2) to (4), 72(3) to (5), 171, 196 or 423 of that Act]) for determining an amount as the disposal value of the property or the price at which a fixture is to be treated as sold,

(b) the transferee is to be taken to have incurred capital expenditure of that amount on the provision of the property for the purposes for which it is used by the transferee on and after the taking effect of the transfer,

(c) the property is to be taken as belonging to the transferee in consequence of the transferee having incurred that expenditure, and

(d) in the case of a fixture, the expenditure which falls to be treated as incurred by the transferee is to be taken for the purposes of [F279 sections 181(1) and 182(1) of that Act] to be incurred by the giving of a consideration consisting in a capital sum of that amount.

(3) A provision mentioned in sub-paragraph (1)(d) for the determination of an amount may include provision—

(a) for a determination to be made by the Secretary of State in a manner described in the scheme,

(b) for a determination to be made by reference to factors so described or to the opinion of a person so described, and

(c) for a determination to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.

(4) The Treasury’s consent is required for the making or modification of a determination under a provision mentioned in sub-paragraph (1)(d).

(5) The transferee’s consent is also required for such a modification after the relevant transfer takes effect.

(6) If there is a determination or a modification of a determination under a provision mentioned in sub-paragraph (1)(d) all necessary adjustments—

(a) must be made by making assessments or by repayment or discharge of tax, and

(b) must be made despite any limitation on the time within which assessments may be made.

Textual Amendments

F275 Words in Sch. 26 para. 14(1)(c) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(8)

F276 Words in Sch. 26 para. 14(1)(d) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(9)

F277 Words in Sch. 26 para. 14(2) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(10)(a)

F278 Words in Sch. 26 para. 14(2)(a) substituted (22.3.2001, with effect as mentioned by 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(10)(b)

F279 Words in Sch. 26 para. 14(2)(d) substituted (22.3.2001, with effect as mentioned by 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(10)(c)

Capital allowances for plant and machinery: connected persons U.K.

15 U.K. For the purposes of [F280 Part 2 of the Capital Allowances Act]references in that Part to a transaction (however described) between connected persons [F281 (see section 575 of that Act)] are not to include references to a relevant transfer.

Textual Amendments

F280 Words in Sch. 26 para. 15 substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(11)

F281 Words in Sch. 26 para. 15 substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 322(3) (with Sch. 2)

Leased assets U.K.

16 (1) Sub-paragraphs (2) and (3) apply for the purposes of section 781 of the 1988 Act (assets leased to traders and others) if the interest of the lessor or the lessee under a lease, or any other interest in an asset, is transferred to a person under a relevant transfer. U.K.

(2) The transfer is to be treated as made without any capital sum having been obtained in respect of the interest by the transferor; and this is so despite section 783(4) of that Act.

(3) If the interest is an interest under a lease, payments made by the transferor under the lease before the transfer takes effect are to be treated as if they had been made under that lease by the transferee.

(4) Sub-paragraph (5) applies for the purposes of section 781 of the 1988 Act if a lease, or any other interest in an asset, is granted by virtue of provision made under paragraph 4 of Schedule 19.

(5) The grant is to be treated as made without any capital sum having been obtained in respect of the lease, or interest, by the grantor; and this is so despite section 783(4) of that Act.

(6) No charge is to arise under section 781(1) of the 1988 Act by virtue of section 783(2) of that Act in a case where the capital sum mentioned in section 781(1)(b)(i) or (ii) of that Act is or forms part of the consideration obtained (or treated by section 783(4) of that Act as obtained) by the transferor on a disposal by virtue of a relevant transfer of securities of a subsidiary of the transferor.

(7) Expressions used in this paragraph and in sections 781 to 785 of the 1988 Act have the same meanings in this paragraph as in those sections.

Loan relationships U.K.

17 (1) Sub-paragraph (2) applies if, as a result of a relevant transfer, the transferee replaces the transferor as a party to a loan relationship. U.K.

(2) [F282 Part 5 of the Corporation Tax Act 2009] is to have effect in relation to the time when the relevant transfer takes effect and any later time as if—

(a) the transferee had been a party to the loan relationship at the time the transferor became a party to the loan relationship and at all times since that time, and

(b) the loan relationship to which the transferee is a party after the time the transfer takes effect is the same loan relationship as that to which, by virtue of paragraph (a), it is treated as having been a party before that time.

(3) Expressions used in this paragraph and in [F283 Part 5 of the Corporation Tax Act 2009] have the same meanings in this paragraph as in [F283 that Part].

Textual Amendments

F282 Words in Sch. 26 para. 17(2) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(4)(a) (with Sch. 2 Pts. 1, 2)

F283 Words in Sch. 26 para. 17(3) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(4)(b) (with Sch. 2 Pts. 1, 2)

Charge to tax under Case I of Schedule D U.K.

18 (1) This paragraph applies for the purpose of computing the profits or losses of the transferor and the transferee under Case I of Schedule D in respect of any trade or part of a trade transferred by a relevant transfer in relation to the time when the transfer takes effect and any later time. U.K.

(2) The trade or part of a trade transferred is to be treated as having been, at the time of its commencement and at all times since that time, a separate trade carried on by the transferee.

(3) The trade carried on by the transferee after the time the transfer takes effect is to be treated as the same trade as that which, by virtue of sub-paragraph (2), it is treated as having carried on before that time.

(4) This paragraph is subject to paragraphs 13 and 17.

Part IV U.K. Transfers to Secretary of State from SRA and BR

Interpretation U.K.

19 U.K. In this Part of this Schedule—

• “relevant transfer” means a transfer of property, rights or liabilities by virtue of—

  (a)

  a scheme under paragraph 1 of Schedule 21 under which the property, rights or liabilities are transferred to the Secretary of State, or

  (b)

  a scheme under paragraph 1 of Schedule 25,

• “transferee”, in relation to a relevant transfer, means the Secretary of State, and

• “transferor”, in relation to a relevant transfer, means the person from whom the property, rights or liabilities are transferred.

Chargeable gains: groups U.K.

20 (1) Sub-paragraph (2) applies if a company (“the degrouped company”)— U.K.

(a) acquired an asset from another company at any time when both were members of the same group of companies (“the old group”), and

(b) ceases by virtue of a relevant transfer to be a member of the old group.

(2) Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.

(3) If, disregarding any preparatory transactions, a company would be regarded for the purposes of section 179 of the 1992 Act (and, accordingly, of this paragraph) as ceasing to be a member of a group of companies by virtue of a relevant transfer, it is to be regarded for those purposes as so doing by virtue of the relevant transfer and not by virtue of any preparatory transactions.

(4) In this paragraph “preparatory transaction” means anything done under or by virtue of this Part of this Act for the purpose of initiating, advancing or facilitating the relevant transfer in question.

(5) Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Capital allowances: actual consideration to be the disposal value U.K.

21 (1) Sub-paragraphs (2) to (4) apply for the purposes of [F284 Part 3 of the Capital Allowances Act], and the other provisions of that Act which are relevant to that Part, if there is a disposal by virtue of a relevant transfer of the relevant interest in— U.K.

(a) an industrial building or structure, or

(b) a qualifying hotel or a commercial building or structure.

(2) The disposal is to be treated as a sale of that relevant interest.

(3) The sale moneys in respect of that sale are to be taken—

(a) if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or

(b) if no such capital sum is received, to be nil.

(4) [F285 Sections 567 to 570 of that Act (sales treated as being for alternative amount)] (sales between connected persons or without change of control) are not to have effect in relation to that sale.

(5) Sub-paragraph (6) applies for determining, in the case of [F286 plant or machinery] which is treated for the purposes of [F287 the Capital Allowances Act] as disposed of by virtue of a relevant transfer, the amount which (in consequence of that disposal) is to be brought into account as the disposal value of that [F286 plant or machinery] for the purposes of [F288 section 60 of that Act (meaning of “disposal value” and “disposal event”)] (balancing adjustments).

(6) The amount is, subject to [F289 section 62 of that Act (general limit on amount of disposal value)] to be taken—

(a) if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or

(b) if no such capital sum is received, to be nil.

(7) Sub-paragraph (8) applies if, in consequence of a disposal by virtue of a relevant transfer, [F290 a person is treated by section 188 of the Capital Allowances Act as ceasing to own a fixture]at any time.

(8) The amount which, in consequence of that disposal, is to be brought into account as the disposal value of the fixture for the purposes of [F291 section 60 of the Capital Allowances Act is, subject to section 62 of that Act], to be taken—

(a) if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that portion of that capital sum which falls (or, if the person to whom the disposal is made were entitled to an allowance, would fall) to be treated for the purposes of [F292 Part 2 of that Act]as expenditure incurred by that person on the provision of the fixture, or

(b) if no such capital sum is received, to be nil.

(9) Sub-paragraphs (3), (6) and (8) have effect despite any other provision of [F293 the Capital Allowances Act].

Textual Amendments

F284 Words in Sch. 26 para. 21(1) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(12)

F285 Words in Sch. 26 para. 21(4) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(13)

F286 Words in Sch. 26 para. 21(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(14)(a)

F287 Words in Sch. 26 para. 21(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(14)(b)

F288 Words in Sch. 26 para. 21(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(14)(c)

F289 Words in Sch. 26 para. 21(6) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(15)

F290 Words in Sch. 26 para. 21(7) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(16)

F291 Words in Sch. 26 para. 21(8) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(17)(a)

F292 Words in Sch. 26 para. 21(8)(a) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(17)(b)

F293 Words in Sch. 26 para. 21(9) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(18)

Leased assets U.K.

22 (1) Sub-paragraphs (2) and (3) apply for the purposes of section 781 of the 1988 Act (assets leased to traders and others) if the interest of the lessor or the lessee under a lease, or any other interest in an asset, is transferred to a person under a relevant transfer. U.K.

(2) The transfer is to be treated as made without any capital sum having been obtained in respect of the interest by the transferor; and this is so despite section 783(4) of that Act.

(3) If the interest is an interest under a lease, payments made by the transferor under the lease before the transfer takes effect are to be treated as if they had been made under that lease by the transferee.

(4) Sub-paragraph (5) applies for the purposes of section 781 of the 1988 Act if a lease, or any other interest in an asset, is granted by the transferor by virtue of provision made under paragraph 5 of Schedule 21 or paragraph 4 of Schedule 25.

(5) The grant is to be treated as made without any capital sum having been obtained in respect of the lease, or interest, by the transferor; and this is so despite section 783(4) of that Act.

(6) No charge is to arise under section 781(1) of the 1988 Act by virtue of section 783(2) of that Act in a case where the capital sum mentioned in section 781(1)(b)(i) or (ii) of that Act is or forms part of the consideration obtained (or treated by section 783(4) of that Act as obtained) by the transferor on a disposal by virtue of a relevant transfer of securities of a subsidiary of the transferor.

(7) Expressions used in this paragraph and in sections 781 to 785 of the 1988 Act have the same meanings in this paragraph as in those sections.

Part V U.K. Transfers from SRA to franchise company

Interpretation U.K.

23 U.K. In this Part of this Schedule—

• “relevant transfer” means a transfer of property, rights or liabilities by virtue of a scheme under paragraph 1 of Schedule 21 under which the property, rights or liabilities are transferred to a franchise company,

• “transferee”, in relation to a relevant transfer, means the franchise company to whom the property, rights or liabilities are transferred, and

• “transferor”, in relation to a relevant transfer, means the person from whom the property, rights or liabilities are transferred.

Chargeable gains: disposals not to be treated as made at market value U.K.

24 (1) Section 17 of the 1992 Act (disposals and acquisitions treated as made at market value) is not to have effect in relation to— U.K.

(a) a disposal constituted by a relevant transfer or a disposal by virtue of provision made under paragraph 5 of Schedule 21, or

(b) the acquisition made by the person to whom the disposal is made.

(2) But sub-paragraph (1) does not apply—

(a) if the person making the disposal is connected with the person making the acquisition, or

(b) in the case of a disposal by virtue of provision made under paragraph 5 of Schedule 21, if the disposal is made by or to a person other than the transferor or the transferee.

(3) If sub-paragraph (1) applies to the disposal of an asset, the disposal is to be taken (in relation to the person making the acquisition as well as the person making the disposal) to be—

(a) in a case where consideration in money or money’s worth is given by the person making the acquisition or on his behalf in respect of the vesting of the asset in him, for a consideration equal to the amount or value of that consideration, or

(b) in a case where no such consideration is given, for a consideration of nil.

Chargeable gains: groups U.K.

25 (1) Sub-paragraph (2) applies if a company (“the degrouped company”)— U.K.

(a) acquired an asset from another company at any time when both were members of the same group of companies (“the old group”), and

(b) ceases by virtue of a relevant transfer to be a member of the old group.

(2) Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.

(3) If sub-paragraph (2) applies to an asset, that section is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of a group of companies (“the new group”), otherwise than by virtue of a qualifying transfer, as if the degrouped company and the company from which it acquired the asset had been members of the new group at the time of acquisition.

(4) If, disregarding any preparatory transactions, a company would be regarded for the purposes of section 179 of the 1992 Act (and, accordingly, of this paragraph) as ceasing to be a member of a group of companies by virtue of a qualifying transfer, it is to be regarded for those purposes as so doing by virtue of the qualifying transfer and not by virtue of any preparatory transactions.

(5) In this paragraph “preparatory transaction” means anything done under or by virtue of this Part of this Act for the purpose of initiating, advancing or facilitating the qualifying transfer in question.

(6) Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Chargeable gains: disposal of debts U.K.

26 (1) Sub-paragraph (2) applies if in the case of a relevant transfer— U.K.

(a) a debt owed to the transferor is transferred to the transferee, and

(b) the transferor would, apart from this paragraph, be the original creditor in relation to that debt for the purposes of section 251 of the 1992 Act (disposal of debts).

(2) The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.

Capital allowances: actual consideration to be the disposal value U.K.

27 (1) Sub-paragraphs (2) to (4) apply for the purposes of [F294 Part 3 of the Capital Allowances Act], and the other provisions of that Act which are relevant to that Part, if there is a disposal by virtue of a relevant transfer of the relevant interest in— U.K.

(a) an industrial building or structure, or

(b) a qualifying hotel or a commercial building or structure.

(2) The disposal is to be treated as a sale of that relevant interest.

(3) The sale moneys in respect of that sale are to be taken—

(a) if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or

(b) if no such capital sum is received, to be nil.

(4) [F295 Sections 567 to 570 of that Act (sales treated as being for alternative amount)] are not to have effect in relation to that sale.

(5) Sub-paragraph (6) applies for determining, in the case of [F296 plant or machinery]which is treated for the purposes of [F297 the Capital Allowances Act]as disposed of by virtue of a relevant transfer, the amount which (in consequence of that disposal) is to be brought into account as the disposal value of that [F296 plant or machinery]for the purposes of [F298 section 60 of that Act (meaning of “disposal value” and “disposal event”)].

(6) The amount is, subject to [F299 section 62 of that Act (general limit on amount of disposal value)] to be taken—

(a) if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or

(b) if no such capital sum is received, to be nil.

(7) Sub-paragraph (8) applies if, in consequence of a disposal by virtue of a relevant transfer, [F300 a person is treated by section 188 of the Capital Allowances Act as ceasing to own a fixture] at any time.

(8) The amount which, in consequence of that disposal, is to be brought into account as the disposal value of the fixture for the purposes of [F301 section 60 of the Capital Allowances Act is, subject to section 62 of that Act], to be taken—

(a) if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that portion of that capital sum which falls (or, if the person to whom the disposal is made were entitled to an allowance, would fall) to be treated for the purposes of [F302 Part 2 of that Act] as expenditure incurred by that person on the provision of the fixture, or

(b) if no such capital sum is received, to be nil.

(9) Sub-paragraphs (3), (6) and (8) have effect despite any other provision of [F303 the Capital Allowances Act].

Textual Amendments

F294 Words in Sch. 26 para. 27(1) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(19)

F295 Words in Sch. 26 para. 27(4) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(20)

F296 Words in Sch. 26 para. 27(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(21)(a)

F297 Words in Sch. 26 para. 27(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(21)(b)

F298 Words in Sch. 26 para. 27(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(21)(c)

F299 Words in Sch. 26 para. 27(6) substituted (23.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(22)

F300 Words in Sch. 26 para. 27(7) substituted (23.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(23)

F301 Words in Sch. 26 para. 27(8) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(24)(a)

F302 Words in Sch. 26 para. 27(8)(a) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(24)(b)

F303 Words in Sch. 26 para. 27(9) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(25)

Leased assets U.K.

28 (1) Sub-paragraphs (2) and (3) apply for the purposes of section 781 of the 1988 Act (assets leased to traders and others) if the interest of the lessor or the lessee under a lease, or any other interest in an asset, is transferred to a person under a relevant transfer. U.K.

(2) The transfer is to be treated as made without any capital sum having been obtained in respect of the interest by the transferor; and this is so despite section 783(4) of that Act.

(3) If the interest is an interest under a lease, payments made by the transferor under the lease before the transfer takes effect are to be treated as if they had been made under that lease by the transferee.

(4) Sub-paragraph (5) applies for the purposes of section 781 of the 1988 Act if a lease, or any other interest in an asset, is granted by the transferor by virtue of provision made under paragraph 5 of Schedule 21.

(5) The grant is to be treated as made without any capital sum having been obtained in respect of the lease, or interest, by the transferor; and this is so despite section 783(4) of that Act.

(6) No charge is to arise under section 781(1) of the 1988 Act by virtue of section 783(2) of that Act in a case where the capital sum mentioned in section 781(1)(b)(i) or (ii) of that Act is or forms part of the consideration obtained (or treated by section 783(4) of that Act as obtained) by the transferor on a disposal by virtue of a relevant transfer of securities of a subsidiary of the transferor.

(7) Expressions used in this paragraph and in sections 781 to 785 of the 1988 Act have the same meanings in this paragraph as in those sections.

Loan relationships U.K.

29 (1) Sub-paragraph (2) applies if, as a result of a relevant transfer, the transferee replaces the transferor as a party to a loan relationship. U.K.

(2) [F304 Part 5 of the Corporation Tax Act 2009] is to have effect in relation to the time when the relevant transfer takes effect and any later time as if—

(a) the transferee had been a party to the loan relationship at the time the transferor became a party to the loan relationship and at all times since that time, and

(b) the loan relationship to which the transferee is a party after the time the transfer takes effect is the same loan relationship as that to which, by virtue of paragraph (a), it is treated as having been a party before that time.

(3) Expressions used in this paragraph and in [F305 Part 5 of the Corporation Tax Act 2009] have the same meanings in this paragraph as in [F305 that Part].

Textual Amendments

F304 Words in Sch. 26 para. 29(2) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(5)(a) (with Sch. 2 Pts. 1, 2)

F305 Words in Sch. 26 para. 29(3) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(5)(b) (with Sch. 2 Pts. 1, 2)

Part VI U.K. Transfers of franchise assets

Interpretation U.K.

30 U.K. In this Part of this Schedule—

• “relevant transfer” means a transfer of property, rights or liabilities by virtue of a scheme under paragraph 2 of Schedule 21 under which the property, rights or liabilities are transferred from a person which is, or has been, a franchise company,

• “transferee”, in relation to a relevant transfer, means the person to whom the property, rights or liabilities are transferred, and

• “transferor”, in relation to a relevant transfer, means the person from whom the property, rights or liabilities are transferred.

Chargeable gains: disposals not to be treated as made at market value U.K.

31 (1) Section 17 of the 1992 Act (disposals and acquisitions treated as made at market value) is not to have effect in relation to— U.K.

(a) a disposal constituted by a relevant transfer or a disposal by virtue of provision made under paragraph 5 of Schedule 21, or

(b) the acquisition made by the person to whom the disposal is made.

(2) But sub-paragraph (1) does not apply—

(a) if the person making the disposal is connected with the person making the acquisition, or

(b) in the case of a disposal by virtue of provision made under paragraph 5 of Schedule 21, if the disposal is made by or to a person other than the transferor or the transferee.

(3) If sub-paragraph (1) applies to the disposal of an asset, the disposal is to be taken (in relation to the person making the acquisition as well as the person making the disposal) to be—

(a) in a case where consideration in money or money’s worth is given by the person making the acquisition or on his behalf in respect of the vesting of the asset in him, for a consideration equal to the amount or value of that consideration, or

(b) in a case where no such consideration is given, for a consideration of nil.

Chargeable gains: groups U.K.

32 (1) Sub-paragraph (2) applies if a company (“the degrouped company”)— U.K.

(a) acquired an asset from another company at any time when both were members of the same group of companies (“the old group”), and

(b) ceases by virtue of a relevant transfer to be a member of the old group.

(2) Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.

(3) If sub-paragraph (2) applies to an asset, that section is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of a group of companies (“the new group”), otherwise than by virtue of a qualifying transfer, as if the degrouped company and the company from which it acquired the asset had been members of the new group at the time of acquisition.

(4) If, disregarding any preparatory transactions, a company would be regarded for the purposes of section 179 of the 1992 Act (and, accordingly, of this paragraph) as ceasing to be a member of a group of companies by virtue of a qualifying transfer, it is to be regarded for those purposes as so doing by virtue of the qualifying transfer and not by virtue of any preparatory transactions.

(5) In this paragraph “preparatory transaction” means anything done under or by virtue of this Part of this Act for the purpose of initiating, advancing or facilitating the qualifying transfer in question.

(6) Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Chargeable gains: disposal of debts U.K.

33 (1) Sub-paragraph (2) applies if in the case of a relevant transfer— U.K.

(a) a debt owed to the transferor is transferred to the transferee, and

(b) the transferor would, apart from this paragraph, be the original creditor in relation to that debt for the purposes of section 251 of the 1992 Act (disposal of debts).

(2) The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.

Capital allowances: actual consideration to be the disposal value U.K.

34 (1) Sub-paragraphs (2) to (5) apply for the purposes of [F306 Part 3 of the Capital Allowances Act], and the other provisions of that Act which are relevant to that Part, if there is a disposal by virtue of a relevant transfer of the relevant interest in— U.K.

(a) an industrial building or structure, or

(b) a qualifying hotel or a commercial building or structure.

(2) The disposal is to be treated as a sale of that relevant interest.

(3) The sale moneys in respect of that sale are to be taken—

(a) if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or

(b) if no such capital sum is received, to be nil.

(4) The sale moneys in respect of that sale are to be taken, as respects the transferee only, to include in addition an amount equal to any capital sum received by a person other than the transferor or a person connected with the transferor by way of consideration or compensation in respect of the acquisition of the relevant interest by the transferee.

(5) [F307 Sections 567 to 570 of that Act (sales treated as being for alternative amount)] are not to have effect in relation to that sale.

(6) Sub-paragraph (7) applies for determining, in the case of [F308 plant or machinery]which is treated for the purposes of [F309 the Capital Allowances Act] as disposed of by virtue of a relevant transfer, the amount which (in consequence of that disposal) is to be brought into account as the disposal value of that [F308 plant or machinery] for the purposes of [F310 sections 60 of that Act (meaning of “disposal value” and “disposal event”)].

(7) The amount is, subject to [F311 section 62 of that Act (general limit on amount of disposal value)] to be taken—

(a) if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or

(b) if no such capital sum is received, to be nil.

(8) Sub-paragraph (9) applies if, in consequence of a disposal by virtue of a relevant transfer, [F312 a person is treated by section 188 of the Capital Allowances Act as ceasing to own a fixture] at any time.

(9) The amount which, in consequence of that disposal, is to be brought into account as the disposal value of the fixture for the purposes of [F313 section 60 of the Capital Allowances Act is, subject to section 62 of that Act], to be taken—

(a) if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that portion of that capital sum which falls (or, if the person to whom the disposal is made were entitled to an allowance, would fall) to be treated for the purposes of [F314 Part 2 of that Act] as expenditure incurred by that person on the provision of the fixture, or

(b) if no such capital sum is received, to be nil.

(10) Sub-paragraphs (3), (4), (7) and (9) have effect despite any other provision of [F315 the Capital Allowances Act].

Textual Amendments

F306 Words in Sch. 26 para. 34(1) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(26)

F307 Words in Sch. 26 para. 34(5) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(27)

F308 Words in Sch. 26 para. 34(6) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(28)(a)

F309 Words in Sch. 26 para. 34(6) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(28)(b)

F310 Words in Sch. 26 para. 34(6) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(28)(c)

F311 Words in Sch. 26 para. 34(7) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(29)

F312 Words in Sch. 26 para. 34(8) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(30)

F313 Words in Sch. 26 para. 34(9) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(31)(a)

F314 Words in Sch. 26 para. 34(9)(a) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(31)(b)

F315 Words in Sch. 26 para. 34(10) substituted (22.3.2001, with effect as mentioned in 2001 c. 2, s. 579(1)) by 2001 c. 2, s. 578, Sch. 2 para. 109(32)

Loan relationships U.K.

35 (1) [F316 Section 444 of the Corporation Tax Act 2009] is not to have effect in a case where, as a result of a relevant transfer, the transferee replaces the transferor as a party to a loan relationship. U.K.

(2) Expressions used in this paragraph and in [F317 Part 5 of the Corporation Tax Act 2009] have the same meanings in this paragraph as in [F317 that Part].

Textual Amendments

F316 Words in Sch. 26 para. 35(1) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(6)(a) (with Sch. 2 Pts. 1, 2)

F317 Words in Sch. 26 para. 35(2) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 473(6)(b) (with Sch. 2 Pts. 1, 2)

Part VII U.K. Other provisions concerning transfers

Chargeable gains: value shifting U.K.

36 U.K. Nothing in this Part of this Act and nothing done under it is to be regarded as a scheme or arrangement for the purposes of section 30 of the 1992 Act (tax-free benefits).

Chargeable gains: consequential amendment U.K.

F318 37 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318 Sch. 26 para. 37 omitted (with effect in accordance with Sch. 2 para. 71 of the amending Act) by virtue of Finance Act 2008 (c. 9), Sch. 2 para. 70(e)(ii)

Group relief U.K.

38 U.K. The existence of the powers of the Secretary of State or the Authority under this Part of this Act is not to be regarded (and nothing else in that Part is to be regarded) as—

(a) constituting arrangements falling within [F319 section 154(3) or 155(3) of the Corporation Tax Act 2010] (arrangements for transfer of company to another group or consortium), or

(b) constituting option arrangements for the purposes of [F320 section 173 of that Act].

Textual Amendments

F319 Words in Sch. 26 para. 38 substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 322(4)(a) (with Sch. 2)

F320 Words in Sch. 26 para. 38 substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 322(4)(b) (with Sch. 2)

Modifications of transfer schemes U.K.

39 (1) Sub-paragraph (2) applies if— U.K.

(a) the effect of a scheme under paragraph 1 of Schedule 15, paragraph 31 of Schedule 17, paragraph 1 of Schedule 19 or paragraph 1 of Schedule 25 is modified by an order made by the Secretary of State, or

(b) the effect of a scheme under paragraph 1 of Schedule 21 under which the property, rights or liabilities are transferred to the Secretary of State or a franchise company is modified by an agreement made under paragraph 15 of that Schedule.

(2) The Corporation Tax Acts (including this Schedule) are to have effect as if—

(a) the scheme had been made as modified, and

(b) anything done by or in relation to the preceding holder had (so far as relating to the property, rights or liabilities affected by the modification) been done by or in relation to the subsequent holder.

(3) For the purposes of sub-paragraph (2) the preceding holder is the person who without the modification—

(a) became (under the scheme concerned) entitled or subject to the property, rights or liabilities affected by the modification, or

(b) remained (despite the scheme concerned) entitled or subject to the property, rights or liabilities affected by the modification,

as the case may be.

(4) For the purposes of sub-paragraph (2) the subsequent holder is the person who (in consequence of the modification) becomes, or resumes being, entitled or subject to the property, rights or liabilities affected by the modification.

Stamp duty and stamp duty reserve tax U.K.

40 (1) Stamp duty is not to be chargeable on— U.K.

(a) a scheme under paragraph 1 of Schedule 15, paragraph 31 of Schedule 17 or paragraph 1 of Schedule 19, 21 or 25, or

(b) an instrument or agreement which is certified to the Commissioners of Inland Revenue by the Secretary of State as made in pursuance of such a scheme.

(2) No such scheme, and no instrument or agreement which is certified as mentioned in sub-paragraph (1)(b), is to be taken to be duly stamped unless—

(a) it has, in accordance with section 12 of the M101 Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped, or

(b) it is stamped with the duty to which it would be liable, apart from this paragraph.

(3) Section 12 of the M102 Finance Act 1895 is not to operate to require—

(a) the delivery to the Inland Revenue of a copy of this Act, or

(b) the payment of stamp duty under that section on any copy of this Act,

and is not to apply in relation to an instrument on which, by virtue of sub-paragraph (1), stamp duty is not chargeable.

(4) An agreement to transfer chargeable securities, as defined in section 99 of the M103 Finance Act 1986, to a person specified in sub-paragraph (2)(a) to (c) of paragraph 1 of Schedule 21 is not to give rise to a charge to stamp duty reserve tax if the agreement is made for the purposes of, or for purposes connected with, a scheme under that paragraph.

Marginal Citations

M101 1891 c. 39.

M102 1895 c. 16.

M103 1986 c. 41.

[F321 Stamp duty land tax U.K.

Textual Amendments

F321 Sch. 26 para. 40A and cross-heading inserted (1.12.2003) by the Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 (S.I. 2003/2867), reg. 1, Sch. para. 32

40A. (1) For the purposes of stamp duty land tax, a land transaction which is effected by, or in pursuance of a scheme under paragraph 1 of Schedule 15, paragraph 31 of Schedule 17 or paragraph 1 of Schedule 19, 21 or 25 is exempt from charge. U.K.

(2) Relief under this paragraph must be claimed in a land transaction return or an amendment of such a return.

(3) In this paragraph—

• “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

• “land transaction return” has the meaning given by section 76(1) of that Act.]

Section 252.

SCHEDULE 27 U.K. Minor and consequential amendments about railways

Transport Act 1962 (c.46) U.K.

1 (1) Section 43 of the Transport Act 1962 (charges and facilities) is amended as follows. U.K.

(2) In subsections (1) and (2), for “Boards” substitute “ British Waterways Board or the Strategic Rail Authority ”.

(3) In subsection (3), for “Boards” substitute “ British Waterways Board and the Strategic Rail Authority ”.

F322 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F322 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F322 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F322 Sch. 27 para. 1(4)-(6) 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.

Commencement Information

I246 Sch. 27 para. 1 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Transport Act 1968 (c.73) U.K.

F323 2 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F323 Sch. 27 paras. 2-5 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.

F323 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F323 Sch. 27 paras. 2-5 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.

F323 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F323 Sch. 27 paras. 2-5 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.

F323 5 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F323 Sch. 27 paras. 2-5 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.

British Railways Act 1969 (c.xliii) U.K.

6 U.K. In section 22 of the British Railways Act 1969 (misuse of telephones at level crossings)—

(a) for “Board” substitute “ a successor of the Board ”, and

(b) insert at the end “ ; and in this section “successor of the Board” has the same meaning as “successor of the British Railways Board” has in the M104 Railways Act 1993 (Consequential Modifications) (No.2) Order 1999. ”

Commencement Information

I247 Sch. 27 para. 6 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M104 S.I. 1999/1998.

House of Commons Disqualification Act 1975 (c.24) U.K.

7 U.K. In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), insert (at the appropriate place in alphabetical order)—

“Member of the London Transport Users’ Committee in receipt of remuneration.”

Commencement Information

I248 Sch. 27 para. 7 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

British Railways Act 1977 (c.xvii) U.K.

8 (1) Section 13 of the British Railways Act 1977 (fines and penalties) is amended as follows. U.K.

(2) In subsection (1), for “the Board, to any railway of the Board” substitute “ a successor of the Board, to any railway of a successor of the Board ”.

(3) After that subsection insert—

“(1A) In subsection (1) of this section “successor of the Board” has the same meaning as “successor of the British Railways Board” has in the M105 Railways Act 1993 (Consequential Modifications) (No.2) Order 1999.”

Commencement Information

I249 Sch. 27 para. 8 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M105 S.I. 1999/1998.

Transport Act 1980 (c.34) U.K.

9 E+W+S Part III of the Transport Act 1980 (railway pensions) has effect subject to the following amendments.

Commencement Information

I250 Sch. 27 para. 9 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

10 U.K. In section 52A(13) (provisions for final discharge of Secretary of State not to affect liability of Board in respect of relevant pension obligations), for “Board” substitute “ Authority ”.

Commencement Information

I251 Sch. 27 para. 10 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

11 U.K. In section 52B(10) (provisions for substitution order not to affect liability of Board in respect of relevant pension obligations), for “Board” substitute “ Authority ”.

Commencement Information

I252 Sch. 27 para. 11 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

12 (1) Section 53 (meaning of “relevant pension obligations”) is amended as follows. U.K.

(2) In subsection (1)—

(a) for “Board which were owed” substitute “ Authority which were owed by the Board ”, and

(b) for “Board arising after the operative date” (in both places) substitute “ Authority which arose as an obligation of the Board after the operative date or was never an obligation of the Board ”.

(3) In subsection (4), for “Board” (in each place) substitute “ Authority ”.

Commencement Information

I253 Sch. 27 para. 12 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

13 U.K. In section 60(1) (interpretation), before the definition of “the Board” insert—

““the Authority” means the Strategic Rail Authority;”.

Commencement Information

I254 Sch. 27 para. 13 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Transport Act 1985 (c.67) U.K.

F324 14 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F324 Sch. 27 para. 14 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.

Channel Tunnel Act 1987 (c.53) U.K.

15 U.K. In paragraph 5 of Schedule 6 to the Channel Tunnel Act 1987 (application of offence provisions), for “the Railways Board” substitute “ a successor of the British Railways Board within the meaning of the M106 Railways Act 1993 (Consequential Modifications) (No.2) Order 1999 ”.

Commencement Information

I255 Sch. 27 para. 15 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M106 S.I. 1999/1998.

Heathrow Express Railway Act 1991 (c.vii) U.K.

16 U.K. In section 41(1) of the Heathrow Express Railway Act 1991 (provisions which do not apply to services and facilities provided on Heathrow Express lines or at Heathrow Express stations), after “1968” insert “ and sections 76 and 77 of the M107 Railways Act 1993 ”.

Marginal Citations

M107 1993 c. 43.

Railways Act 1993 (c.43) U.K.

17 U.K. The Railways Act 1993 has effect subject to the following amendments.

Commencement Information

I256 Sch. 27 para. 17 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

18 U.K. In section 7 (licence exemptions), omit subsection (10) (limit on grant of licence exemption by Secretary of State).

Commencement Information

I257 Sch. 27 para. 18 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

19 U.K. In section 9 (licence conditions), after subsection (3) insert—

“(3A) Conditions included in a licence by virtue of subsection (1)(a) above may include provision about any matter which is dealt with (whether in the same or a different manner) by an access agreement.”

Commencement Information

I258 Sch. 27 para. 19 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

20 (1) Section 13 (modification references to Competition Commission) is amended as follows. U.K.

(2) In subsection (8)(c)(i), for “Director” substitute “ Regulator ”.

(3) In subsection (8A)(a)—

(a) for “and 85” substitute “ , 85 ”, and

(b) after “documents)” insert “ and 93B (false or misleading information) ”.

Commencement Information

I259 Sch. 27 para. 20 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

21 U.K. In section 17 (directions requiring facility owners to enter into contracts for use of their railway facilities), after subsection (7) insert—

“(7A) Any reference in this section to obtaining permission to use a railway facility includes, where the facility is track, permission to connect other track to it.”

Commencement Information

I260 Sch. 27 para. 21 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

22 U.K. In section 18(9) (access contracts requiring approval of Regulator), after paragraph (a) insert—

“(aa) subsection (7A),”.

Commencement Information

I261 Sch. 27 para. 22 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

23 (1) Section 20 (exemption of railway facilities from sections 17 and 18) is amended as follows. U.K.

(2) In subsections (1), (3) and (13), after “above” insert “ and section 22A below ”.

(3) In subsection (2), omit the words following paragraph (b).

(4) In the sidenote, for “and 18” substitute “ , 18 and 22A ”.

Commencement Information

I262 Sch. 27 para. 23 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

24 (1) Section 27 (transfer of franchise assets and shares) is amended as follows. U.K.

(2) In subsection (8), for “transfer scheme” substitute “ a scheme under Schedule 21 to the Transport Act 2000 ”.

F325 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F325 Sch. 27 para. 24(3) 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.

F326 25 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F326 Sch. 27 paras. 25-29 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.

F326 26 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F326 Sch. 27 paras. 25-29 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.

F326 27 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F326 Sch. 27 paras. 25-29 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.

F326 28 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F326 Sch. 27 paras. 25-29 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.

F326 29 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F326 Sch. 27 paras. 25-29 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.

30 (1) Section 55 (orders for securing compliance) is amended as follows. U.K.

F327 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsections (2) and (4), for “subsection (5)” substitute “ subsections (5) to (5B) ”.

(4) In subsection (5)(a), for “or, as the case may be, section 5 above” substitute “ above or, as the case may be, section 207 of the Transport Act 2000 ”.

(5) Omit subsection (12).

Textual Amendments

F327 Sch. 27 para. 30(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.

Commencement Information

I263 Sch. 27 para. 30 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

31 U.K. In the sidenote for section 56 insert at the end “ for section 55 orders ”.

Commencement Information

I264 Sch. 27 para. 31 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

32 (1) In section 57 (validity and effect of orders) is amended as follows. U.K.

(2) In subsection (2), omit paragraph (b).

(3) After that subsection insert—

“(2A) If such an application is made in relation to a provision of an order requiring the payment of a sum in the event of a contravention and the sum would be payable before the time when the application is determined, it need not be paid until that time.

(2B) Where such an application is so made the court, if satisfied as mentioned in subsection (2) above, may (instead of quashing the order or the provision of the order) make provision under either or both of paragraphs (a) and (b) of subsection (2C) below.

(2C) The provision referred to in subsection (2B) above is—

(a) provision substituting for the sum, or provision for determining a sum, specified in the order such lesser sum, or such other provision for determining a sum, as the court considers appropriate in all the circumstances of the case; and

(b) provision substituting for the date by which the sum is to be paid specified in or determined in accordance with the order such later date as the court considers appropriate in all the circumstances of the case.

(2D) Where the court substitutes a lesser sum, or different provision for determining a sum, it may require the payment of interest on the new sum at such rate, and from such date, as it determines; and where it specifies as the date by which the sum is to be paid a date before the determination of the application it may require the payment of interest on the sum from that date at such rate as it determines.”

(4) In subsection (9), for “section 58” substitute “ sections 57F and 58 ”.

(5) In the sidenote, after “of” insert “ section 55 ”.

Commencement Information

I265 Sch. 27 para. 32 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

33 (1) Section 58 (power to require information) is amended as follows. U.K.

(2) In subsection (1)—

(a) for the words from “may be” to “requirement, the” substitute “may have contravened or be contravening—

(a) a relevant condition or requirement, or

(b) a final or provisional order made by the appropriate authority,

the ”, and

(b) after “55” insert “ or 57A ”.

(3) In the sidenote insert at the end “ for purposes of sections 55 and 57A ”.

Commencement Information

I266 Sch. 27 para. 33 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

34 U.K. In section 60(5)(c) (effect of petition for railway administration order), after “55” insert “ or 57A ”.

Commencement Information

I267 Sch. 27 para. 34 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F328 35 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F328 Sch. 27 para. 35 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.

36 (1) Section 72(2) (matters to be entered in register maintained by Regulator) is amended as follows. U.K.

(2) In paragraph (a) (provisions about licences), after sub-paragraph (viii) (inserted by Schedule 17) insert—

“(ix) every penalty imposed by the Regulator under section 57A above;

(x) every statement of policy published by the Regulator under that section;”.

(3) In paragraph (b) (provisions about access agreements), after sub-paragraph (v) insert—

“(va) every direction under section 22A above;

(vb) every notice given by or to the Regulator or the Competition Commission under Schedule 4A to this Act;”.

Commencement Information

I268 Sch. 27 para. 36 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

37 (1) Section 73(2) (matters to be entered in register by Authority) is amended as follows. U.K.

(2) In paragraph (d) (amendments of franchise agreements), insert at the end “ other than any which are not likely to have a material effect on the provision of services under the agreement or on any sums payable under the agreement. ”

(3) After paragraph (e) insert—

“(f) every penalty imposed by the Authority under section 57A above;

(g) every statement of policy published by the Authority under that section;”.

Commencement Information

I269 Sch. 27 para. 37 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

38 U.K. In section 80 (furnishing of information to Authority)—

(a) in subsection (1), for the words from the beginning to the end of paragraph (c) substitute “ Licence holders ” and insert at the end “ or the Transport Act 2000 ”, and

(b) omit subsection (6).

Commencement Information

I270 Sch. 27 para. 38 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

39 (1) Section 83 (interpretation) is amended as follows. U.K.

(2) For the definition of “appropriate officer” in subsection (1) substitute—

““appropriate authority” has the meaning given by section 55(10) above;”.

F329 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) After the definition of “station services” in that subsection insert—

““through ticket” means—

(a) a ticket which is valid for a journey which involves use of the services of more than one passenger service operator; or

(b) a combination of two or more tickets issued at the same time which are between them valid for such a journey;

and “through ticketing” shall be construed accordingly;”.

F330 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F329 Sch. 27 para. 39(3) 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.

F330 Sch. 27 para. 39(5) 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.

Commencement Information

I271 Sch. 27 para. 39 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

40 (1) Section 135 (concessionary travel) is amended as follows. U.K.

(2) In subsection (6)(a), for “(5)” substitute “ (4) ”.

(3) In subsection (9), for “subsections (4) and (5) above are” substitute “ subsection (4) above is ”.

Commencement Information

I272 Sch. 27 para. 40 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

41 (1) Section 145 (restrictions on disclosure of information) is amended as follows. U.K.

F331 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) After subsection (5) insert—

“(5A) Subsection (1) above does not prevent the transfer of records in accordance with section 3(4) of the M108 Public Records Act 1958.”

Textual Amendments

F331 Sch. 27 para. 41(2) repealed (8.6.2005) 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. 2005/1444, art. 2(1), Sch. 1

Commencement Information

I273 Sch. 27 para. 41 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M108 1958 c. 51.

42 (1) Section 150(1) (Crown application) is amended as follows. U.K.

(2) In paragraph (a), for “22” substitute “ 22C ”.

(3) In paragraph (b), for “55 to 58, except sections 55(8) and 58(4) and (5);” substitute “ 55(1) to (7) and (9) to (11), sections 56 and 57 and section 58(1) to (3), (6) and (7); ”.

Commencement Information

I274 Sch. 27 para. 42 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F332 43 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F332 Sch. 27 para. 43 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.

44 (1) Section 154(3) (extent) is amended as follows. U.K.

(2) For paragraph (a) substitute—

“(a) section 36(1), (4) and (5);”.

(3) For paragraph (c) substitute—

“(c) sections 124 and 129(3);”.

Commencement Information

I275 Sch. 27 para. 44 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F333 45 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F333 Sch. 27 para. 45 repealed (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 8; S.I. 2004/827, art. 4(i)

F334 46 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F334 Sch. 27 para. 46 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.

F335 47 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F335 Sch. 27 para. 47 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.

48 U.K. In paragraph 2 of Schedule 6 (effect of administration order), after “55” insert “ or 57A ”.

Commencement Information

I276 Sch. 27 para. 48 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

49 (1) Schedule 11 (pensions) is amended as follows. U.K.

(2) In paragraph 1(1) (interpretation), in paragraph (a) of the definition of “eligible persons”—

(a) after “of the Board,” insert—

“(ia) the Authority or any subsidiary of the Authority,”,

and

(b) for “franchise company” substitute “ body corporate which is, or is to be, the franchisee or the franchise operator under a franchise agreement ”.

(3) In paragraphs 3(4) and 4(5), for “after consultation with” substitute “ with the consent of ”.

(4) In paragraph 10(15), for “Board” (in both places) substitute “ Authority ”.

(5) In paragraph 11(10), in the definition of “relevant employer” insert at the end—

“(d) the Authority; or

(e) a wholly owned subsidiary of the Authority.”

Commencement Information

I277 Sch. 27 para. 49 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Finance Act 1994 (c.9) U.K.

50 (1) Schedule 24 to the Finance Act 1994 is amended as follows. U.K.

(2) In paragraph 15(11) (trading losses), after paragraph (b) insert—

“(ba) a wholly owned subsidiary of the Strategic Rail Authority;”.

(3) In paragraph 19(5) (leased assets: special cases), after paragraph (b) insert—

“(ba) the Strategic Rail Authority,

(bb) a wholly owned subsidiary of the Strategic Rail Authority,”.

Railway Heritage Act 1996 (c.42) E+W+S

51 E+W+S The Railway Heritage Act 1996 has effect subject to the following amendments.

Commencement Information

I278 Sch. 27 para. 51 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

52 E+W+S In section 2 (establishment of committee), for “Board” (in each place) substitute “ Authority ”.

Commencement Information

I279 Sch. 27 para. 52 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

53 E+W+S In section 4(6)(b) (notice of proposed disposal), for “Part II of the Railways Act 1993” substitute “ the Transport Act 2000 ”.

Commencement Information

I280 Sch. 27 para. 53 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Channel Tunnel Rail Link Act 1996 (c.61) U.K.

54 U.K. The Channel Tunnel Rail Link Act 1996 has effect subject to the following amendments.

Commencement Information

I281 Sch. 27 para. 54 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F336 55 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F336 Sch. 27 para. 55 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.

56 (1) Paragraph 7 of Schedule 9 (application of offence provisions) is amended as follows. U.K.

(2) In sub-paragraphs (2) and (3), for “the British Railways Board” substitute “ a successor of the British Railways Board ”.

(3) At the end insert—

“(4) In this paragraph “successor of the British Railways Board” has the same meaning as in the M109 Railways Act 1993 (Consequential Modifications) (No.2) Order 1999.”

Commencement Information

I282 Sch. 27 para. 56 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M109 S.I. 1999/1998.

Greater London Authority Act 1999 (c.29) U.K.

57 E+W+S The Greater London Authority Act 1999 has effect subject to the following amendments.

Commencement Information

I283 Sch. 27 para. 57 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F337 58 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F337 Sch. 27 para. 58 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.

59 U.K. In section 209(1) (amendments about the Croydon Tramlink), for “(9)” substitute “ (10) ”.

Commencement Information

I284 Sch. 27 para. 59 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

F338 60 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F338 Sch. 27 para. 60 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.

F339 61 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F339 Sch. 27 para. 61 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.

62 (1) Schedule 18 (London Transport Users’ Committee) is amended as follows. E+W+S

(2) In paragraph 1, after “chairman” insert “ and other members ” and, in the heading preceding that paragraph, after “Chairman” insert “ and other members ”.

(3) In paragraph 2, for “above,” substitute “ above as chairman, ”.

(4) In paragraph 3, after “chairman” insert “ or another member ”.

F340 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F340 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Omit paragraph 17.

Textual Amendments

F340 Sch. 27 para. 62(5)(6) 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.

Commencement Information

I285 Sch. 27 para. 62 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Railways Act 1993 (Consequential Modifications) (No.2) Order 1999 (S.I.1999/1998) U.K.

63 U.K. In article 3(1) of the M110 Railways Act 1993 (Consequential Modifications) (No.2) Order 1999 (amendment of British Transport Commission Act 1949), for “include” substitute “ have effect as ”.

Commencement Information

I286 Sch. 27 para. 63 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

M110 S.I. 1999/1998.

Section 253.

SCHEDULE 28 U.K. Transitionals and savings about railways

First appointments to Authority E+W+S

F341 1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F341 Sch. 28 para. 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.

Consumer protection conditions E+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.

Franchising E+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 M111 Railways 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

M111 1993 c. 43.

F342 4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F342 Sch. 28 para. 4 repealed (16.10.2005) 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. 2005/2812, art. 2(1), Sch. 1

Bye-laws E+W+S

5 (1) The repeal of section 67 of the M112 Transport 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 M113 Transport Act 1962, or

(b) section 129 of the M114 Railways Act 1993,

which are in force immediately before the coming into force of the repeals of those sections shall continue in forceF343 ... .

Textual Amendments

F343 Words 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

M112 1962 c. 46.

M113 1962 c. 46.

M114 1993 c. 43.

Penalties E+W+S

F344 6 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F344 Sch. 28 para. 6 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.

7 (1) The fact that no order has been made under section 57A(3) of the M115 Railways Act 1993 F345 ... 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 M116 Railways Act 1993 F346 ... 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

F345 Words 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.

F346 Words 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

M115 1993 c. 43.

M116 1993 c. 43.

F347 8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F347 Sch. 28 para. 8 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.

Compliance orders E+W+S

F348 9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F348 Sch. 28 para. 9 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.

Section 56 of the Transport Act 1962 U.K.

10 U.K. Where provision is made for subsections (4) to (6) of section 56 of the M117 Transport Act 1962 (functions of [F349 Passengers’ Council] and [F350 London Transport Users' Committee]) to apply in relation to any services or any facilities connected with any services—

(a) [F351 section 76] of the M118 Railways Act 1993 shall not apply in relation to them unless the services are being provided under a franchise agreement, but

(b) [F352 that subsection] shall not apply in relation to them if the services are being so provided.

Textual Amendments

F349 Words 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)

F350 Words 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.

F351 Words 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.

F352 Words 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

M117 1962 c. 46.

M118 1993 c. 43.

Review of access charges E+W+S

F353 11 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F353 Sch. 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)

Closures E+W+S

F353 12 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F353 Sch. 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)

F353 13 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F353 Sch. 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)

Register E+W+S

F353 14 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F353 Sch. 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 users E+W+S

F353 15 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F353 Sch. 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 fares E+W+S

F353 16 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F353 Sch. 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)

Supplementary E+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 M119 Interpretation Act 1978 (effect of repeals).

Marginal Citations

M119 1978 c. 30.

Section 260.

SCHEDULE 29 E+W+S Driver training and driving instructors: minor and consequential amendments

Introductory E+W+S

1 E+W+S The M120 Road Traffic Act 1988 has effect subject to the following amendments.

Marginal Citations

M120 1988 c. 52.

Consequential amendments about driver training E+W+S

Prospective

2 E+W+S In section 89(6) (vehicles which may be driven by virtue of licence authorised by passing of test), for “For” substitute “ Subject to regulations under section 99ZA of this Act, for ”.

Prospective

3 E+W+S In section 97(1) (grant of licences), for “the following provisions of this section and section 92 of this Act” substitute “ subsection (2) below, section 92 of this Act and regulations under section 99ZA of this Act ”.

Prospective

4 E+W+S In section 98(2) (effect of full licence), after “below” insert “ and to regulations under section 99ZA of this Act ”.

Prospective

5 (1) Section 164 (power of constables to require production of evidence) is amended as follows. E+W+S

(2) For subsection (4A) substitute—

“(4A) If regulations make provision for the evidencing of the successful completion of driver training courses or of a person’s being within the exemption specified in subsection (2), or any exemption provided by virtue of subsection (3), of section 99ZA of this Act, a person driving on a road a motor vehicle which he—

(a) is not authorised so to drive without having successfully completed such a course, or

(b) would not be authorised so to drive apart from the exemption,

may be required by a constable to produce prescribed evidence of the successful completion by him of such a course or of his being within the exemption.”

(3) In subsection (6), for “his certificate of completion of a training course for motor cyclists” substitute “ prescribed evidence of the successful completion by him of a driver training course or of his being within an exemption ”.

(4) In subsection (8A), for “a certificate of completion of a training course for motor cyclists” substitute “ prescribed evidence of the successful completion of a driver training course or of being within an exemption ”.

(5) In subsection (11), for the words from “ “counterpart,” to “completion”” substitute “ “counterpart” and “provisional licence” ”.

6 E+W+S In section 194 (index of expressions) insert at the appropriate place—

“Driver training course

Section 99ZA”.

Tests of continued ability and fitness to give driving instruction E+W+S

7 E+W+S In section 125(5) (continuing registration conditional on undergoing tests of continued ability and fitness to give instruction), for the words from “undergo” to the end substitute “ submit himself for such test of continued ability and fitness to give instruction in the driving of motor cars (which may consist of practical and other means of assessment) as may be prescribed by regulations. ”

8 E+W+S In section 125B(6)(b) (similar provision in relation to disabled instructors), after “cars” insert “ (which may consist of practical and other means of assessment) ”.

9 (1) Section 132 (regulations about examinations and tests) is amended as follows. E+W+S

(2) In subsection (1), for “such instruction” substitute “ instruction in the driving of motor cars (or appropriate motor cars) ”.

(3) In subsection (2)—

(a) in paragraph (a) (obligation to provide vehicle)—

(i) for “to any” substitute “ for any ”,

(ii) for “such a test of continued ability and fitness” substitute “ any part of such a test of continued ability and fitness which consists of practical assessment ”, and

(iii) for “the test” substitute “ the practical test or assessment ”,

(b) in paragraph (b) (fees)—

(i) after “examination” insert “ , or required to submit himself for such a test, ”, and

(ii) after “that part” insert “ or such tests, ”, and

(c) in paragraph (c) (particulars), after “examination” insert “ , or is required to submit himself for such a test ”.

Disabled instructors: emergency control assessments E+W+S

10 E+W+S In section 133A (assessments of disabled person’s ability to control a motor car in an emergency), after subsection (4) insert—

“(4A) Regulations may require a person who applies to undergo an emergency control assessment (or a part of such an assessment), or is required to submit himself for such an assessment, to pay a fee to the Secretary of State.”

Review by magistrates’ court of examinations of instructors E+W+S

11 (1) Section 133 (review of examinations) is amended as follows. E+W+S

(2) In subsection (1) (application to magistrates’ court)—

(a) for “submitted himself for any part of an examination of ability to give instruction in the driving of motor cars” substitute “ undergone a relevant examination, or a part of such an examination ”, and

(b) for “that part of the examination was properly conducted in accordance with regulations” substitute “ the examination or part was properly conducted ”.

(3) In subsection (2) (order for repayment of fees etc.)—

(a) for “that part of the examination was not so” substitute “ the examination or part was not properly ”, and

(b) for “that part” substitute “ the examination or part ”.

(4) After subsection (3) insert—

“(4) In this section “a relevant examination” means—

(a) an examination of ability to give instruction in the driving of motor cars,

(b) a test of continued ability and fitness to give instruction in the driving of motor cars (or appropriate motor cars), or

(c) an emergency control assessment.”

Respondent in appeals about instructors E+W+S

12 E+W+S In section 131 (appeals against decisions of registrar), insert at the end—

“(4G) On an appeal under this section the respondent is the Registrar.”

Section 262.

SCHEDULE 30 E+W+S Detention of vehicles used without operator’s licence

Commencement Information

I287 Sch. 30 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

The Schedule to be inserted after Schedule 1 to the M121 Goods Vehicles (Licensing of Operators) Act 1995 is as follows—

“SCHEDULE 1A E+W+S Detention of vehicles used without operator’s licence

Interpretation E+W+S

1 (1) In this Schedule—

• “authorised person” means—

  (a)

  an examiner appointed by the Secretary of State under section 66A of the M122 Road Traffic Act 1988, or

  (b)

  a person acting under the direction of such an examiner;

• “contents”, in relation to a goods vehicle, means any goods carried by that vehicle;

• “immobilisation device” means any device or appliance which is an immobilisation device for the purposes of section 104 of the M123 Road Traffic Regulation Act 1984.

(2) Regulations may, for the purposes of regulations made by virtue of this Schedule, make provision as to the meaning of “owner” as regards a goods vehicle.

(3) Regulations made by virtue of sub-paragraph (2) may, in particular, provide that the owner of a motor vehicle at a particular time shall be taken to be—

(a) any person in whose name it is then registered by virtue of the M124 Vehicle Excise and Registration Act 1994, or

(b) any person in whose operator’s licence it is then specified.

Detention of property E+W+S

2 (1) Regulations may provide that where an authorised person has reason to believe that a goods vehicle is being, or has been, used on a road in contravention of section 2, he may detain the vehicle and its contents.

(2) Regulations made by virtue of sub-paragraph (1) may not authorise a person other than a constable in uniform to stop a vehicle on any road.

3 Regulations may make provision with respect to property detained by virtue of paragraph 2.

Immobilisation and removal E+W+S

4 (1) Regulations may provide that an authorised person may, before a goods vehicle is removed by virtue of paragraph 6—

(a) fix an immobilisation device to the vehicle in the place where the vehicle has been detained, or

(b) move the vehicle, or require it to be moved, to a more convenient place and fix an immobilisation device to the vehicle in that other place.

(2) Regulations may also provide—

(a) that, on any occasion when an immobilisation device is fixed to a vehicle, the person fixing the device shall also fix to the vehicle a notice indicating that the device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion and giving such other information as may be prescribed,

(b) that a vehicle to which an immobilisation device has been fixed may only be released from the device by or under the direction of an authorised person, and

(c) that an immobilisation notice shall not be removed or interfered with except by or on the authority of an authorised person.

5 (1) Regulations may provide that a person who, without being authorised to do so in accordance with paragraph 4(2)(b), removes or attempts to remove an immobilisation device fixed to a goods vehicle under regulations made by virtue of paragraph 4(1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Regulations may provide that a person who removes or interferes with an immobilisation notice in contravention of regulations made by virtue of paragraph 4(2)(c) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

6 (1) Regulations may make provision for an authorised person to direct that any property detained by virtue of paragraph 2 be removed and delivered into the custody of a person specified in the direction.

(2) Regulations may provide that a person may be specified in a direction only if—

(a) he is a person identified in accordance with prescribed rules, and

(b) he has made arrangements with the Secretary of State and agreed to accept delivery of the property in accordance with those arrangements;

and the arrangements may include the payment of a sum to a person into whose custody any property is delivered.

(3) Regulations may also provide that, where an authorised person has given a direction by virtue of sub-paragraph (1) in respect of a goods vehicle, he may allow the driver of the vehicle to deliver its contents to their destination or some other suitable place before delivering the vehicle into the custody of the person specified in the direction.

7 (1) Regulations may make provision for informing persons who may be entitled to the property that it has been detained.

(2) Provision made by virtue of sub-paragraph (1) may, in particular, include provision requiring—

(a) the publication by an authorised person of such notices as may be prescribed, and

(b) the giving of notice by an authorised person to such persons as may be prescribed.

Return or disposal of vehicle E+W+S

8 Regulations may make provision for a goods vehicle detained by virtue of paragraph 2 to be returned to the owner.

9 (1) Regulations shall make provision enabling the owner of a goods vehicle detained by virtue of paragraph 2 to apply to the traffic commissioner for the area in which the vehicle was detained for the return of the vehicle.

(2) Regulations may, in particular—

(a) require notice of an application to be given to the traffic commissioner within such period as may be determined in accordance with the regulations, and

(b) require notice of an application to be made in such form as may be prescribed.

(3) Regulations shall make provision as to the grounds upon which the owner may apply for the return of the vehicle.

(4) Those grounds may include the following grounds—

(a) that at the time the vehicle was detained the person using the vehicle held an operator’s licence (whether or not authorising the use of the vehicle),

(b) that at the time the vehicle was detained the vehicle was not being, and had not been, used in contravention of section 2, or

(c) that, although at the time the vehicle was detained it was being, or had been, used in contravention of section 2, the owner did not know that it was being, or had been, so used.

10 (1) Regulations shall make provision—

(a) enabling the traffic commissioner to hold a hearing before determining an application by virtue of paragraph 9,

(b) requiring him to hold a hearing if requested by a person who claims to be the owner,

(c) as to the time within which the hearing must be held, and

(d) subject to such provision as may be made by the regulations, for the hearing to be held in public.

(2) Regulations shall also provide that, if no hearing is held, the traffic commissioner must determine the application within a prescribed time after receiving notice of the application.

(3) Regulations shall provide that—

(a) if the traffic commissioner determines that one of the grounds prescribed by virtue of paragraph 9(3) is made out, he must order the person specified in a direction by virtue of paragraph 6(1) to return the goods vehicle to the owner;

(b) if the traffic commissioner determines that none of those grounds is made out, the vehicle may be sold or destroyed by the person specified, in such manner as may be prescribed.

11 (1) Regulations shall provide for an appeal to the Transport Tribunal against the determination of the traffic commissioner.

(2) Regulations—

(a) may prescribe the period within which an appeal must be made, and

(b) may make provision for notice of the appeal to be given to the Transport Tribunal, the traffic commissioner and such other persons as may be prescribed.

12 Regulations may provide that, if no application is made to the traffic commissioner in accordance with regulations made by virtue of paragraph 9, any goods vehicle detained by virtue of paragraph 2 may be sold or destroyed in such manner as may be prescribed.

Return or disposal of contents of vehicle E+W+S

13 (1) Regulations may provide that the person specified in a direction by virtue of paragraph 6(1) may retain custody of the contents of a goods vehicle until—

(a) the contents are returned, in accordance with the regulations, to a person who establishes that he is entitled to them, or

(b) the contents are sold or destroyed by the person specified in such manner as may be prescribed.

(2) Regulations may also make provision as to—

(a) the period within which a person who claims to be entitled to the contents may make a claim for their return,

(b) the requirements to be satisfied by a person who claims to be entitled to the contents (including requirements as to his entitlement), and

(c) the manner in which entitlement to such contents is to be determined where there is more than one claim to them.

(3) The person specified in a direction by virtue of paragraph 6(1) may not sell or destroy the contents unless—

(a) such steps as may be required by regulations made by virtue of paragraph 7(1) have been taken and no person has, before the expiry of the period referred to in sub-paragraph (2)(a), established an entitlement to the contents, or

(b) the condition of the contents requires them to be disposed of without delay.

Custody of property E+W+S

14 Regulations shall provide that, subject to the powers of a person specified in a direction by virtue of paragraph 6(1) to sell or destroy any property by virtue of this Schedule, it shall be the duty of that person while any property is in his custody to take such steps as are necessary for the safe custody of that property.

Proceeds of sale E+W+S

15 (1) Regulations shall provide for the proceeds of sale of any property sold under regulations made by virtue of paragraph 10(3)(b), 12 or 13(1)(b)—

(a) to be applied towards meeting expenses incurred by any authorised person in exercising his functions by virtue of this Schedule, and

(b) in so far as they are not so applied, to be applied in such other manner as may be prescribed.

(2) Regulations may in particular provide for a sum determined in accordance with the regulations to be paid to a person if—

(a) he claims after the sale of property under regulations made by virtue of paragraph 10(3)(b), 12 or 13(1)(b) to be or to have been its owner,

(b) the claim is made within a prescribed time of the sale, and

(c) any other prescribed conditions are fulfilled.

Disputes E+W+S

16 (1) Regulations may make provision about the proceedings to be followed where a dispute occurs as a result of regulations made by virtue of paragraph 13 or 15.

(2) Provision made by virtue of sub-paragraph (1) may in particular provide—

(a) for an application to be made to a magistrates’ court or (in the case of an application made in Scotland) the sheriff;

(b) for a court or the sheriff to order a sum to be paid by the Secretary of State.

(3) Any application made to the sheriff in accordance with regulations made by virtue of sub-paragraph (2)(a) shall be made by way of summary application.

Obstruction of authorised person E+W+S

17 Regulations may provide that a person who intentionally obstructs an authorised person in the exercise of his powers under regulations made by virtue of paragraph 2 or 6 is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offences as to securing possession of property E+W+S

18 (1) Regulations may provide that where—

(a) a person makes a declaration with a view to securing the return of a goods vehicle under regulations made by virtue of paragraph 10,

(b) the declaration is that the vehicle was not being, or had not been, used in contravention of section 2, and

(c) the declaration is to the person’s knowledge either false or in any material respect misleading,

he is guilty of an offence.

(2) Regulations may provide that a person guilty of such an offence is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, and

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.”

Marginal Citations

M121 1995 c. 23.

M122 1988 c. 52.

M123 1984 c. 27.

M124 1994 c. 22.

Section 274.

SCHEDULE 31 U.K. Repeals and revocations

Part I U.K. Air traffic

Commencement Information

I288 Sch. 31 Pt. I partly in force; Sch. 31 Pt. I not in force at Royal Assent see s. 275(1)(2); Sch. 31 Pt. I in force for specified purposes (E.) at 26.10.2001 by S.I. 2001/3342, art. 2, Sch.

(1) Air navigation services
Chapter	Short title	Extent of repeal
1982 c. 16.	Civil Aviation Act 1982.	Section 72.

(2) Charges
Chapter	Short title	Extent of repeal
1982 c. 16.	Civil Aviation Act 1982.	Sections 73 and 74.
		In Schedule 4, in paragraph 1(5) the definition of “record”.
		In Schedule 13, in Part II the entry relating to section 73.
1983 c. 11.	Civil Aviation (Eurocontrol) Act 1983.	Section 3(2).
1989 c. 9.	Civil Aviation (Air Navigation Charges) Act 1989.	The whole Act.

The repeal of section 3(2) of the Civil Aviation (Eurocontrol) Act 1983 does not affect the operation of the words in it from “and that subsection” onwards in relation to any time before the coming into force of the repeal.

(3) Hostilities etc
Chapter	Short title	Extent of repeal
1982 c. 16.	Civil Aviation Act 1982.	In section 6, in subsections (1) and (2), the words from “and in so far” to the end.
		Sections 62 and 63.

(4) Land
Chapter	Short title	Extent of repeal
1982 c. 16.	Civil Aviation Act 1982.	In section 43(1) the word “or” after paragraph (a).
		In section 44, in subsection (6) the word “and” after paragraph (a) and in subsection (12) the word “and” after paragraph (b).
		In section 46(10) the word “and” after paragraph (c).
		In section 55(7), in paragraph (a) the word “and” after sub-paragraph (i).
		In Schedule 7, in paragraph 5(2) the word “and” after paragraph (a).

(5) Miscellaneous
Chapter	Short title	Extent of repeal
1982 c. 16.	Civil Aviation Act 1982.	In section 21(2)(a) the words “, 63(3) or 72(2)”.

Part II E+W Local transport

Commencement Information

I289 Sch. 31 Pt. II partly in force; Sch. 31 Pt. II not in force at Royal Assent see. S. 275(1)(2); Sch. 31 Pt. II in force (1.4.2001 for specified purposes) by S.I. 2000/3229, art. 2, Sch. Pt. III; Sch. 31 Pt. II in force for specified purposes (E.) (1.2.2001) by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II); Sch. 31 Pt. II in force for specified purposes (26.10.2001) by S.I. 2001/3342, art. 2, Sch.; Sch. 31 Pt. II in force (E.) for specified purposes at 1.5.2002 by S.I. 2002/1014, art. 2, Sch. Pt. 1 (with transitional provisions in art. 3); Sch. 31 Pt. II in force (W.) at 14.8.2002 by S.I. 2002/2024, art. 2(b)

Reference	Short title or title	Extent of repeal or revocation
1965 c. 25.	Finance Act 1965.	Section 92.
1968 c. 73.	Transport Act 1968.	Section 9A(1) and (2).
		Section 9B.
		Section 33.
1974 c. 30.	Finance Act 1974.	Section 54.
1979 c. 8.	Excise Duties (Surcharges or Rebates) Act 1979.	In Schedule 1, paragraph 2.
1980 c. 43.	Magistrates’ Courts Act 1980.	In Schedule 7, paragraph 53.
1981 c. 35.	Finance Act 1981.	In section 4(2)(b), the words “section 92(2) of the Finance Act 1965 and”.
1983 c. 10.	Transport Act 1983.	In section 2—
		in subsection (3), the words “in a plan prepared by them under section 3 below” and the words “under section 4 below”, and
		in subsection (4), the words between “functions” and “shall”.
		Sections 3 to 5.
		Section 6(1), (2), (5) and (6).
		In section 10—
		in subsection (1), paragraphs (b) and (c) and, in the words following those paragraphs, the words “to (c)”, and
		subsection (3).
1985 c. 51.	Local Government Act 1985.	In Schedule 12, in paragraph 5, sub-paragraphs (3) and (4) and, in sub-paragraph (5), the words from “except that” to the end.
1985 c. 67.	Transport Act 1985.	In section 7(4), the word “or” at the end of paragraph (a).
		Section 58(3).
		In section 63—
		in subsection (1), paragraph (b) and the word “and” before it, and
		in subsection (3), the words “(1)(b) or” and the words “(1)(a) or”, in paragraph (a), the words “as a local education authority or (as the case may be)” and, in paragraph (b), the words “social services or (as the case may be)”.
		In section 64—
		in subsection (1), the words following paragraph (b), and
		in subsection (2), the words “under section 63(1)(a) or (as the case may be)”.
		Section 89(3).
		In section 94(4), paragraph (a) and in paragraph (b) the words “after that time,”.
		Section 102.
		In section 104(2), the word “or” at the end of paragraph (a).
		In section 108(1), the words “Wales or”.
		Section 109.
		Section 110.
		Section 111.
		Section 112(2).
		In Schedule 3, paragraph 31.
S.I. 1986/1385.	Transport Act 1985 (Extension of Eligibility for Travel Concessions) Order 1986.	In article 1, the definitions of “mental handicap” and “severe mental handicap”.
		Article 3.
S.I. 1989/2293.	Transport Act 1985 (Extension of Eligibility for Travel Concessions) (Amendment) Order 1989.	Article 4.
1996 c. ix.	London Local Authorities Act 1996.	Part II.
1999 c. 29.	Greater London Authority Act 1999.	In Schedule 16—
		in paragraph 2(1), the words “(persons who have attained pensionable age or whose ability to walk is seriously impaired)”, and
		paragraph 7.
2000 c. 38.	Transport Act 2000.	In section 146(1), in the definition of “eligible service”, paragraph (a) and in paragraph (b) the words “after that time,”.
		Section 158.
		In Schedule 11, paragraphs 1 and 22.
2000 c. vii.	London Local Authorities Act 2000.	Section 48.
		Schedule 2.

Part III E+W Road user charging and workplace parking levy

Commencement Information

I290 Sch. 31 Pt. III partly in force; Sch. 31 Pt. III not in force at Royal Assent see s. 275(1)(2); Sch. 31 Pt. III in force for specified purposes (E.) (1.2.2001) by S.I. 2001/57, art. 3(2), Sch. 3 Pt. I (subject to the savings in Sch. 3 Pt. II)

Chapter	Short title	Extent of repeal
1999 c. 29.	Greater London Authority Act 1999.	In Schedule 23—
		paragraph 4(3)(e),
		in paragraph 25(1), paragraph (c) and the word “or” before it, and
		in paragraph 38, the words “, exercisable in the same manner, and subject to the same conditions and limitations,”.
		In Schedule 24—
		in paragraph 1(1), in the definition of “licence”, the words “by the occupier of those premises” and the definition of “occupier”,
		paragraph 7(3)(e), and
		in paragraph 39, the words “, exercisable in the same manner, and subject to the same conditions and limitations,”.

Part IV E+W+S Railways

Commencement Information

I291 Sch. 31 not in force at Royal Assent see. S. 275(1)(2); Sch. 31 Pt. IV in force (15.1.2001 for specified purposes) by S.I. 2000/3376, art. 2; Sch. 31 Pt. IV in force at 1.2.2001 for specified purposes by S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)

I292 Sch. 31 Pt. IV in force at 15.10.2005 for specified purposes by S.I. 2005/2862, art. 3

Reference	Short title or title	Extent of repeal or revocation
12, 13 & 14 Geo.6 c. xxix.	British Transport Commission Act 1949.	In section 53(1), in its application to Scotland, in the definition of “the Boards”, the words “the British Railways Board”.
10 & 11 Eliz.2 c. 46.	Transport Act 1962.	In section 1, in subsection (1), the words “the British Railways Board (in this Act referred to as the “Railways Board”);” and subsection (3).
		Sections 3 to 4A.
		In section 12(1), the words “, other than the Railways Board,”.
		In section 13, subsection (1A) and subsections (9) to (12).
		In section 14(4), the words “, except the Railways Board,”.
		In section 18(6), the words “the Railways Board and”.
		In section 19(6), the words “the Railways Board and”.
		Section 21A.
		Section 22.
		In section 27, in subsections (2) and (7), the words “(other than the Railways Board)” and, in subsection (8), the words “(other than the Railways Board)” and the words “or section 3 of the Transport Act 1982”.
		In section 31, subsection (2) and, in subsection (6), the words “the Railways Board,”.
		Section 32(6).
		In section 52(2), the words “, as those subsections apply to the Boards”.
		In section 54(1), the words “the Railways Board or” (in both places) and the words “, as the case may be,”.
		In section 65, in subsection (1), in the definition of “the appropriate Board”, paragraph (b) and, in subsection (4), paragraph (b) and the words “the Railways Board or”.
		Section 67.
		In the First Schedule, in paragraph 3, the words from “Railways” to “other”.
		In the Sixth Schedule, paragraph 1(5).
		In the Seventh Schedule, paragraphs 23 and 24.
10 & 11 Eliz.2 c. xlii.	British Transport Commission Act 1962.	Section 43(1).
1964 c. 40.	Harbours Act 1964.	In section 30(1)(b), the words “, the British Railways Board or”.
		In section 36(a), the words “, the British Railways Board or”.
		In section 57(1), in the definition of “the Boards”, the words “the British Railways Board and”.
1966 c. 28.	Docks and Harbours Act 1966.	Section 47.
1967 c. 13.	Parliamentary Commissioner Act 1967.	In Schedule 2, the entries relating to—
		the Central Rail Users’ Consultative Committee,
		the Director of Passenger Rail Franchising,
		the Rail Users’ Consultative Committee for Eastern England, the Rail Users’ Consultative Committee for North Eastern England,
		the Rail Users’ Consultative Committee for North Western England,
		the Rail Users’ Consultative Committee for Scotland,
		the Rail Users’ Consultative Committee for Southern England,
		the Rail Users’ Consultative Committee for the Midlands,
		the Rail Users’ Consultative Committee for Wales, and
		the Rail Users’ Consultative Committee for Western England.
1968 c. 73.	Transport Act 1968.	Section 38.
		Section 42.
		In section 44(1)(b)(iv), the words “the Railways Board or”.
		In section 49(4), the words “the Railways Board and”, the word “each”, paragraph (a), in paragraph (b), the words “in the case of the Waterways Board”, the words “will be so connected by rail or so situated in relation to a railway line or, as the case may be,” and the words “the rail services of the Railways Board can be directly used or, as the case may be,”.
		In section 50(1), the words “3(3)(e), 9(2)(c) or”, the words “Railways Board, and”, the word “each” and the words from “; and the said” to the end.
		In section 56(2B), the definition of “the Franchising Director”.
		In section 135(1)(b), the words “the Railways Board or”.
		In section 137(8), the words “the Railways Board,”.
		In section 159(1), in the definition of “the Boards”, the words “the British Railways Board,”.
1969 c. 48.	Post Office Act 1969.	In section 20(1)(c), the words “the British Railways Board and” and the word “other”.
1972 c. 15.	Transport (Grants) Act 1972.	The whole Act.
1974 c. 48.	Railways Act 1974.	The whole Act.
1975 c. 24.	House of Commons Disqualification Act 1975.	In Schedule 1—
		in Part II, the entry relating to the British Railways Board, and
		in Part III, the entries relating to the Chairman of the Central Rail Users’ Consultative Committee appointed under section 3 of the Railways Act 1993, the Chairman in receipt of remuneration of the London Transport Users’ Committee, the Chairman of a rail users’ consultative committee appointed under section 2 of that Act and the Director of Passenger Rail Franchising.
1975 c. 25.	Northern Ireland Assembly Disqualification Act 1975.	In Schedule 1, in Part II, the entry relating to the British Railways Board.
1978 c. 55.	Transport Act 1978.	Section 15(6) and (7).
		In section 21, the words “the British Railways Board and”.
		In section 24(2), the definition of “BR”.
1980 c. 34.	Transport Act 1980.	In Schedule 6, paragraph 10.
1981 c. 56.	Transport Act 1981.	In Schedule 3, in paragraph 31(4), the words “the British Railways Board,”.
		In Schedule 4, paragraph 1(3).
1982 c. 6.	Transport (Finance) Act 1982.	The whole Act.
1983 c. 44.	National Audit Act 1983.	In Part I of Schedule 4, the entry relating to the British Railways Board.
1985 c. 67.	Transport Act 1985.	Sections 118 to 124.
		In Schedule 7, paragraph 6.
1987 c. 53.	Channel Tunnel Act 1987.	Section 22.
		Section 39.
		Section 40.
		In section 41—
		in subsection (1), the words from “as it applies” to the end,
		in subsection (2), the words “or the Railways Board or any subsidiary of theirs”, and
		subsection (4).
		Section 42.
		In Schedule 6, in paragraph 6, the words “or the Railways Board”.
1991 c. 63.	British Railways Board (Finance) Act 1991.	The whole Act.
1991 c. vii.	Heathrow Express Railway Act 1991.	In section 41(2), the words “or the Board” and the words “and the Board”.
1992 c. 42.	Transport and Works Act 1992.	Section 20(3)(a).
1993 c. 43.	Railways Act 1993.	In section 1—
		in subsection (1), paragraph (b) and the word “and” before it and the words “, or (as the case may be) the Franchising Director,”,
		in subsection (2), the words “or the Franchising Director”, the words “to either of those offices” and the words “(or for appointment to the other of them)”,
		in subsections (3) and (4), the words “or the Franchising Director”,
		subsection (5),
		in subsection (6), the words “and the Franchising Director”, and
		in the sidenote, the words “and the Director of Passenger Rail Franchising”.
		In section 4, in subsection (2) the words “the Secretary of State or, as the case may be,” and, in subsection (9), the definition of “through ticket”.
		Section 5.
		Section 7(10).
		Section 8(10).
		Section 11(3).
		In section 13(7), the words “the Secretary of State and”.
		In section 15(1), the words following paragraph (d).
		Section 17(11).
		In section 18, in subsection (1), the word “or” at the end of paragraph (a) and subsection (11).
		In section 19, in subsection (3), the word “or” at the end of paragraph (a) and subsection (13).
		In section 20, in subsection (2), the words following paragraph (b) and subsections (9) and (12).
		Section 22(6).
		Section 25(3) to (9).
		Section 27(14) and (15).
		In section 29— in subsection (1), paragraph (b) and the preceding “or”, and
		subsections (6) and (7).
		Section 32.
		Section 33.
		In section 34—
		in subsection (1), the words “as eligible for provision under a franchise agreement”,
		in subsection (12), the words “as eligible for provision under franchise agreements”,
		in subsection (14), the words “, or is empowered to secure the operation of any additional railway assets,”, in paragraph (a)(ii), the words “of the” and “in question”, in paragraph (b)(ii), the words “of the” and “in question” and paragraph (c) and the word “but” before it,
		in subsection (16), the words “pursuant to his power under that section”, and
		subsection (23).
		In section 35(1), the words “as eligible for provision under a franchise agreement”.
		In section 37—
		in subsection (9), in the definition of “minor closure”, the words “, in the opinion of the Regulator,”,
		in subsection (10), the words “or 44(2)”, and
		subsection (11).
		Section 38(9).
		In section 39—
		in subsection (10), in the definition of “minor closure” the words “, in the opinion of the Regulator,” (in both places) and the word “or” at the end of paragraph (a), in subsection (11), the words “or 44(2)” and the words “in pursuance of his power under section 30 above”, and
		subsection (12).
		Section 40(9).
		In section 41—
		in subsection (9), in the definition of “minor closure”, the words “, in the opinion of the Regulator,” (in both places),
		in subsection (10), the words “or 44(2)” and the words “in pursuance of his power under section 30 above”, and
		subsection (11).
		Section 42(8).
		In section 43, subsection (11) and, in subsection (12), the words following paragraph (d).
		Section 44.
		In section 46, in subsection (1), the words from “, other than” to the end and subsection (3).
		Section 50(1)(b).
		Sections 51 to 53.
		In section 54(3), in the definition of “franchising functions”, in paragraph (a), the words “, 52 and 53(3)”.
		In section 55—
		subsection (5)(b) and (c),
		in subsection (5A), the words “in relation to a licence holder or person under closure restrictions”,
		in subsection (10), in paragraph (a) of the definition of “the appropriate officer”, the words “or a person under closure restrictions,”, and subsection (12).
		In section 57(2), paragraph (b) and the word “or” before it.
		In section 68(1), paragraph (b) and the word “or” before it.
		Section 70.
		Section 72(2)(c).
		Section 73(2)(c) and (8).
		In section 74(2), paragraph (b) and paragraph (d) and the word “and” before it.
		In section 75(4), the definition of “first relevant financial year” and the word “and” before it.
		In section 76(9), the words from “and in this” to the end.
		In section 77, in subsection (8), the words “, after consultation with the Regulator,” and, in subsection (11), the words from “and in this” to the end.
		Section 78(1) to (4), (6) and (7).
		In section 79(4), the definition of “committee”.
		Section 80(6).
		In section 83(1)—
		the definitions of “the Central Committee” and “consultative committee”, and
		in the definition of “closure consent”, the words “or 44”.
		Sections 84 to 116.
		In section 118—
		in subsection (5), the words “given to him” and the words “relating to him”,
		in subsection (11), the words “or II”, and
		subsection (12).
		Sections 126 to 129.
		In section 133(1), the words “continue to”.
		In section 135—
		subsection (5),
		in subsection (6), the words from “and subsections (2) and (3)” to the end,
		in subsection (8), paragraph (b) and the word “and” before it,
		in subsection (9)(b), the words “or in agreements or other arrangements under section 51 or 52 above”, and
		subsections (10) and (11).
		Section 137.
		Section 139.
		Section 141.
		In section 144(1), the words from “and, without” to “member of the subsidiary;” and the words “33 or”.
		Section 150, in subsection (1), paragraphs (d) and (n) and subsection (4).
		In section 151(1), the definitions of “the Franchising Director” and “transfer scheme”.
		Section 152(2).
		In Schedule 1—
		the words “or the Franchising Director” (in each place),
		the words “and the Franchising Director” (in each place, including the heading),
		paragraph 1(4),
		in paragraph 2(1), the word “each” and the words “, or (as the case may be) the Franchising Director,”,
		in the heading before paragraph 3, the words “,the Franchising Director” and the word “their”,
		in paragraph 4, the word “each”,
		in paragraph 5, the words “or, as the case may be, the Franchising Director” (in both places),
		in paragraph 6, the word “each” and the words “, the Franchising Director” (in both places),
		paragraph 7(a), and
		paragraph 8(a).
		In Schedule 2—
		paragraph 1,
		in paragraph 2, the words “, with the approval of the Treasury,”,
		paragraph 3,
		in paragraph 7(1), the words “, with the approval of the Regulator”,
		in paragraph 8(1), the word “, 3”, and
		paragraphs 9 and 10.
		In Schedule 3—
		paragraph 1,
		in paragraph 2, the words “, with the approval of the Treasury,”,
		paragraph 3,
		in paragraph 7(1), the words “, with the approval of the Regulator”,
		in paragraph 8(1), the word “, 3”, and
		paragraph 9.
		In Schedule 4, paragraph 7.
		In Schedule 7, in paragraph 2(7), the words “on him” and, in paragraph 7, sub-paragraph (3) and, in sub-paragraph (4), the words “(except those specified in sub-paragraph (3) above)”.
		Schedule 8.
		Schedule 9.
		In Schedule 11—
		in paragraph 1(4), the words “or II”,
		in paragraph 10(6)(b), the words “of the Board” (in both places), and
		in paragraph 11(10), in the definition of “relevant employer”, the word “or” at the end of paragraph (b) and, in paragraph (c), the words “, other than a company which is wholly owned by the Franchising Director”.
		In Schedule 12, paragraphs 5, 6(2) to (5), (6)(a) and (7) and 32.
		Schedule 13.
S.I. 1994/1432.	Railway Pensions (Protection and Designation of Schemes) Order 1994.	In article 9(2), the words “, except to the extent specified in paragraph (3),” and the word “relevant” (in both places).
		Article 13.
		Article 14.
S.I. 1994/1649.	Railways Act 1993 (Consequential Modifications) (No.2) Order 1994.	The whole order.
1996 c. 18.	Employment Rights Act 1996.	In Schedule 1, paragraph 60(2).
F354 . . .	F354 . . .	F354 . . .
1998 c. 41.	Competition Act 1998.	In Schedule 10, paragraph 15(7)(a).
1999 c. 29.	Greater London Authority Act 1999.	Section 175(4).
		In section 199(1), the words “, notwithstanding anything in subsection (10) of that section” and the words “, notwithstanding anything in subsection (9) of that section”.
		Section 235(6).
		In section 240(8), the definition of “the Franchising Director”.
		In Schedule 18, paragraph 17.
		In Schedule 19, paragraphs 1, 3, 4 and 5(5) and (6).
S.I. 1999/277.	Parliamentary Commissioner Order 1999.	In Article 2, the entries relating to—
		the Central Rail Users’ Consultative Committee,
		the Rail Users’ Consultative Committee for Eastern England,
		the Rail Users’ Consultative Committee for North Eastern England,
		the Rail Users’ Consultative Committee for North Western England,
		the Rail Users’ Consultative Committee for Scotland,
		the Rail Users’ Consultative Committee for Southern England,
		the Rail Users’ Consultative Committee for the Midlands,
		the Rail Users’ Consultative Committee for Wales, and
		the Rail Users’ Consultative Committee for Western England.
S.I. 1999/1750.	Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999.	In Schedule 2, in the entry relating to the Railways Act 1993, paragraphs (b) and (c).
2000 c. 36.	Freedom of Information Act 2000.	In Schedule 1, in Part VI, the entry relating to the British Railways Board.

Textual Amendments

F354 Sch. 31 entry repealed (21.11.2005) 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. 2005/2812, art. 2(2), Sch. 2

Part V E+W+S Miscellaneous

Commencement Information

I293 Sch. 31 Pt. V partly in force; Sch. 31 Pt. V not in force at Royal Assent see s. 275; Sch. 31 Pt. V in force for certain purposes at 1.4.2002 by S.I. 2002/658, art. 2(2), Sch. Pt. 2 (with transitional provision in art. 3) (as substituted by S.I. 2002/846, art. 2)

(1) Driver training and driving instructors
Chapter	Short title	Extent of repeal
1988 c. 52.	Road Traffic Act 1988.	Section 89(2A) and (5A).
		In section 97—
		in subsection (3), paragraph (e) and the word “and” before it, and
		subsections (3A) and (3B).
		In section 98(3), paragraph (c) and the word “or” before it.
		In section 108(1), the definitions of “approved training course for motor cyclists” and “prescribed certificate of completion”.
		In section 130—
		in subsection (3), the words “under this section”, and
		in subsection (5), the words “granted under this section”.
		Section 131(5).
		Schedule 3.
1989 c. 22.	Road Traffic (Driver Licensing and Information Systems) Act 1989.	Section 6.
		In Schedule 3—
		in paragraph 11(c), sub-paragraph (ii) and the word “and” before it,
		in paragraph 15, sub-paragraph (g) and the word “and” before it, and
		in paragraph 18, sub-paragraphs (b) and (d).

(2) Other provisions
Chapter	Short title	Extent of repeal
1984 c. 27.	Road Traffic Regulation Act 1984.	In section 26(1), the words “during periods between the hours of eight in the morning and half-past five in the afternoon when children are so on their way,”.
		In section 28—
		in subsection (1), the words “between the hours of eight in the morning and half-past five in the afternoon”, and
		in subsection (5), paragraph (c) and the word “and” before it.
1985 c. 67.	Transport Act 1985.	In Schedule 7, paragraph 21(10).
1991 c. 22.	New Roads and Street Works Act 1991.	In section 74(4), the words “if he does so”.
1993 c. 43.	Railways Act 1993.	Section 140.