Railways Act 2005

Transport Act 2000 (c. 38) E+W+S

17 (1) The 2000 Act is amended as follows. E+W+S

(2) In section 137(4)(d) (required notice in connection with the making of a ticketing scheme), for “Strategic Rail Authority” substitute “ Secretary of State ”.

(3) In subsection (1) of section 228 (extension of functions of Rail Passengers' Council and Rail Passengers' Committees), for “Sections 76 and 77” substitute “ Section 76 ” and for “are amended” substitute “ is amended ”.

(4) In subsection (1) of section 248 (substitute services to be suitable for disabled persons), for paragraph (b) substitute—

“(b) the provision of such services is secured by the Secretary of State, the Scottish Ministers or the National Assembly for Wales.”

(5) In subsection (2) of that section, for “In doing so the person or Authority” substitute “ In providing or securing the provision of the services, the person providing them, the Secretary of State, the Scottish Ministers or the National Assembly for Wales ”.

(6) In subsection (3) of that section—

(a) for “the person or Authority” substitute “ a person ”; and

(b) omit the words “or it”.

(7) In paragraph 3(3) of Schedule 9 (air traffic: information), after paragraph (rc) insert—

“(rd) the Railways Act 2005;”.

(8) In Schedule 25 (transfer of BR's property etc. to Secretary of State), after paragraph 12 insert—

“Duties in relation to foreign property E+W+S

12A (1) Where there is a transfer in accordance with a transfer scheme of—

(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.”

(9) In paragraph 10 of Schedule 28 (transitional provision in relation to section 56 of the Transport Act 1962 (c. 46))—

(a) for “Rail Passengers' Committees” substitute “ London Transport Users' Committee ”;

(b) in paragraph (a), for “sections 76 and 77” substitute “ section 76 ”;

(c) in paragraph (b), for “those subsections” substitute “ that subsection ”.

Commencement Information

I1 Sch. 12 para. 17(1) in force at 8.6.2005 for specified purposes by S.I. 2005/1444, art. 2(1), Sch. 1

I2 Sch. 12 para. 17(1) in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.

I3 Sch. 12 para. 17(1) in force at 1.8.2006 for specified purposes by S.I. 2006/1951, art. 2(2)(h)

I4 Sch. 12 para. 17(2)(3)(8)(9) in force at 24.7.2005 by S.I. 2005/1909, art. 2, Sch.

I5 Sch. 12 para. 17(4)-(6) in force at 1.8.2006 by S.I. 2006/1951, art. 2(2)(i)

I6 Sch. 12 para. 17(7) in force at 8.6.2005 by S.I. 2005/1444, art. 2(1), Sch. 1