Railways Act 2005

49 Functions of Scottish Ministers in relation to railway administration

(1) In subsection (6) of section 59 of the 1993 Act (interpretation of expressions used in connection with railway administration)—

(a) after “Part—” insert—

“(za) “appropriate national authority”—

(i) in relation to a Scottish protected railway company or a company subject to a railway administration order that was such a company when the order was made, means the Scottish Ministers; and

(ii) in relation to any other protected railway company or company subject to a railway administration order, means the Secretary of State;”

(b) after paragraph (b) insert—

“(c) “Scottish protected railway company” means a protected railway company that is such a company only in respect of activities carried on by it as franchise operator in relation to a Scottish franchise agreement.”

(2) In subsection (1) of section 60 (petition for railway administration order), for the words from the beginning to the end of paragraph (b) substitute—

“(1) If, on an application relating to a protected railway company”.

(3) After that subsection insert—

“(1A) An application under subsection (1) for the making of a railway administration order may be made—

(a) in the case of an application on the ground specified in paragraph (a) of subsection (2), only by the appropriate national authority; and

(b) in the case of an application on the ground specified in paragraph (b) of that subsection, only by the Secretary of State.”

(4) In each of the following provisions of the 1993 Act, for “Secretary of State”, wherever occurring, substitute “appropriate national authority”, namely—

(a) section 61(1)(a)(i) and (2)(a) (notice and power to petition for railway administration order in the case of a winding-up petition);

(b) section 62(2)(a)(i), (3)(a), (5)(a)(i), (6)(a) and (7)(a) (notice and power to petition for railway administration order in the case of voluntary winding-up and other insolvency proceedings); and

(c) paragraphs 3, 7, 9 and 10 of Schedule 6 (modifications of the Insolvency Act 1986 (c. 45)).

(5) In paragraph 1 of Schedule 6 to the 1993 Act, before the “and” at the end of paragraph (a) insert—

“(aa) as if references in those sections to the appropriate national authority were to be construed in accordance with section 59(6)(za) of this Act;”.

(6) In paragraphs 7(4), 8, and 10(5) of Schedule 6 to the 1993 Act, for “the Strategic Rail Authority” substitute “the appropriate national authority”.

(7) In paragraph 2 of Schedule 7 to the 1993 Act (making and modification of transfer schemes in connection with railway administration orders), for each of the following substitute “the appropriate national authority”, namely—

(a) in sub-paragraph (2), the words from “the Secretary of State” onwards;

(b) in sub-paragraphs (4) and (5), “the Secretary of State”, wherever occurring;

(c) in sub-paragraph (6), “the Secretary of State or Authority”, in each place, and “the Secretary of State or the Authority”; and

(d) in sub-paragraph (7), the words from “the Secretary of State or, in” to “the Authority” and “the Secretary of State or Authority”.

(8) In that paragraph—

(a) in sub-paragraph (3), for the words from “the Secretary of State”, where first occurring, to “or Authority” substitute “the appropriate national authority, it”; and

(b) in sub-paragraph (6), for “his” substitute “the appropriate national authority's”.

(9) After sub-paragraph (8) of that paragraph insert—

“(9) A statutory instrument containing an order under this paragraph by the Scottish Ministers is subject to annulment in pursuance of a resolution of the Scottish Parliament.”

(10) Where a railway administration order is in force immediately before the commencement of this section in relation to a Scottish protected railway company, things done by or in relation to the Secretary of State for the purposes of or in connection with that order and by virtue of —

(a) any provision of sections 59 to 62 of the 1993 Act, or

(b) any provision of Schedule 6 or 7 to that Act, or of the Insolvency Act 1986 (c. 45) as modified by Schedule 6 to the 1993 Act,

are to have effect, so far as necessary for giving them continuing validity and effect, as if done by the Scottish Ministers.

(11) The power to amend Schedule 6 to the 1993 Act under section 249 of the Enterprise Act 2002 (c. 40) applies to the modifications of that Schedule by this Act, as it applies to that Schedule.