Railways Act 2005

Part 2 E+W+S Members and staff

Remuneration etc. of members E+W+S

2 (1) The [F1 PC] must pay to every member, other than the one appointed by the London Assembly, the remuneration and allowances that are provided for by the terms and conditions of his appointment. E+W+S

(2) The London Transport Users' Committee must pay to the member appointed by the London Assembly the remuneration and allowances that are provided for by the terms and conditions of his appointment.

(3) The [F1 PC] must pay, or make provision for paying, to or in respect of every member, other than the member appointed by the London Assembly, such sums by way of pensions or allowances as are payable in accordance with his terms and conditions of appointment.

(4) The London Transport Users' Committee must pay, or make provision for paying, to or in respect of the member appointed by the London Assembly such sums by way of pensions or allowances as are payable in accordance with his terms and conditions of appointment.

(5) If—

(a) a person ceases to be a member of the [F1 PC], and

(b) it appears to the Secretary of State that there are special circumstances that make it right for the person to receive compensation,

the [F1 PC] must make a payment to that person of such amount as the Secretary of State determines.

Textual Amendments

F1 Words in Sch. 5 substituted (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 9(7)(b)

Commencement Information

I1 Sch. 5 para. 2 in force at 24.7.2005 by S.I. 2005/1909, art. 2, Sch.

Staff E+W+S

3 E+W+S The [F1 PC] may employ such persons, on such terms and conditions (including terms and conditions as to remuneration), as it may determine.

Textual Amendments

F1 Words in Sch. 5 substituted (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 9(7)(b)

Commencement Information

I2 Sch. 5 para. 3 in force at 24.7.2005 by S.I. 2005/1909, art. 2, Sch.

4 (1) The [F1 PC] may— E+W+S

(a) pay such pensions, allowances or gratuities as it may determine to or in respect of persons who are or have been employees of the [F1 PC];

(b) make such payments as it may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of such persons; or

(c) provide and maintain such schemes (whether contributory or not) as it may determine for the payment of pensions, allowance or gratuities to or in respect of such persons.

(2) The pensions, allowances or gratuities referred to in sub-paragraph (1) include pensions, allowances or gratuities by way of compensation in respect of loss of employment or loss or diminution of emoluments.

Textual Amendments

F1 Words in Sch. 5 substituted (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 9(7)(b)

Commencement Information

I3 Sch. 5 para. 4 in force at 24.7.2005 by S.I. 2005/1909, art. 2, Sch.

5 (1) The persons to whom section 1 of the Superannuation Act 1972 (c. 11) applies shall include employees of the [F1 PC]. E+W+S

(2) If an employee of the [F1 PC] —

(a) is a participant in a scheme under section 1 of the Superannuation Act 1972 by reference to his employment by the [F1 PC], and

(b) becomes a member of the [F1 PC],

the Minister for the Civil Service may determine that his service as a member of the [F1 PC] is to be treated for the purposes of the scheme as service as an employee of the [F1 PC].

(3) The [F1 PC] must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) or (2) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

(4) The Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit, delegate to the [F1 PC] the function of administering a scheme under section 1 of the Superannuation Act 1972, so far as relating to employees of the [F1 PC].

(5) If he does so, the [F1 PC] may authorise the carrying out of that function, to such extent and subject to such conditions as it may determine, by—

(a) a person nominated by it; or

(b) the employees of a person so nominated.

(6) Acts or omissions by or in relation to—

(a) a person nominated for the purposes of sub-paragraph (5), or

(b) an employee of a person so nominated,

must be treated for all purposes, so far as they are acts or omissions in or in connection with what he is authorised to carry out, as acts or omissions by or in relation to the [F1 PC].

(7) Sub-paragraph (6) does not apply for the purposes of—

(a) criminal proceedings against the nominated person (or an employee of his); or

(b) a contract between him and the [F1 PC] so far as relating to the function.

Textual Amendments

F1 Words in Sch. 5 substituted (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 9(7)(b)

Commencement Information

I4 Sch. 5 para. 5 in force at 24.7.2005 by S.I. 2005/1909, art. 2, Sch.