Statutory Instruments
TRANSPORT
Made
10th January 1997
Laid before Parliament
23rd January 1997
Coming into force
12th February 1997
The Secretary of State, in exercise of the powers conferred on him by section 2 of the Railway Heritage Act 1996(1) (“the Act”), and after consultation with the British Railways Board and such other persons as the Secretary of State considered appropriate in accordance with section 2(3) of the Act, hereby makes the following Order:—
1. This Order may by cited as the Railway Heritage Scheme Order 1997 and shall come into force on 12th February 1997.
2. The Scheme set out in the Schedule to this Order shall have effect.
3. The Railway Heritage Scheme Order 1994(2) is hereby revoked.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
10th January 1997
Article 2
1. In this Scheme—
“the Act” means the Railway Heritage Act 1996;
“the Committee” means the Railway Heritage Committee and any reference to a sub-committee is to a sub-committee established under paragraph 4(1);
“the 1994 Order” means the Railway Heritage Scheme Order 1994; and
any reference to a numbered paragraph is a reference to the paragraph bearing that number in this Scheme, and any reference to a numbered sub-paragraph is a reference to the sub-paragraph bearing that number in the paragraph in which the reference occurs.
2.—(1) The committee known as the Railway Heritage Committee shall continue to be established.
(2) The Committee shall consist of a chairman, and not less than six other members, appointed by the Board with the approval of the Secretary of State.
(3) The Committee may from among its members elect a deputy chairman, who shall exercise the powers of the chairman in his absence or incapacity, or with his permission.
(4) The Board shall secure that, so far as reasonably practicable, the members of the Committee shall at all times include—
(a)at least one person for the time being appointed under section 2(1) of the Public Records Act 1958(3);
(b)at least one person for the time being appointed under section 1(1) or (4) of the Public Registers and Records (Scotland) Act 1948(4);
(c)at least one person who appears to the Board, having regard to the views of the Board of Trustees of the Science Museum, to represent the interest of the National Railway Museum at York; and
(d)at least two persons (not employed by the same employer) each of whom is employed by one of the bodies to which section 1 of the Act applies.
(5) The chairman and deputy chairman, if any, of the Committee shall be persons who do not fall within any of the categories of person mentioned in paragraphs (a) to (d) of sub-paragraph (4).
(6) Subject to the following provisions of this paragraph, a member of the Committee shall be appointed on such terms as to duration and termination of membership as the Board shall, with the approval of the Secretary of State, determine, and shall, on ceasing to be a member, be eligible for re-appointment.
(7) At any time a member of the Committee may resign his membership, or if he is the chairman of the Committee he may resign as chairman, by giving written notice to the Board.
(8) The Board may, with the approval of the Secretary of State, at any time terminate the membership of any member of the Committee, or the position of a member as the Committee’s chairman, by giving written notice to the member.
(9) The deputy chairman of the Committee may at any time resign as deputy chairman by giving notice to the Committee, and the Committee may at any time terminate the position of a member as the deputy chairman.
3.—(1) Subject to the following provisions of this paragraph, the Committee may determine its own procedure.
(2) The Committee shall meet when convened by the chairman, and in any case shall meet at least once a year.
(3) Without prejudice to the discretion of the chairman to call a meeting of the Committee whenever he thinks fit, he shall call a meeting when requested to do so by not less than half the members of the Committee.
(4) In the event that neither the chairman of the Committee nor the deputy chairman (if any) attends a meeting of the Committee, another member may, with the agreement of the Committee, act as chairman for the purposes of that meeting.
(5) Where, in respect of any matter, the Committee is unable to reach a decision because of an equality of votes, the chairman or, in his absence, any person acting as chairman shall have a casting vote.
(6) Subject to any provision for a quorum made under paragraph 7, the validity of any proceedings of the Committee shall not be affected by any vacancy amongst the members or by any defect in the appointment of a member.
(7) The Committee shall keep minutes of the proceedings at each of its meetings.
4.—(1) The Committee may establish and discontinue sub-committees of itself.
(2) The chairman and other members of a sub-committee shall be appointed by the committee with the approval of the Board.
(3) The Committee shall ensure that at any time at least two members of each sub-committee shall be members of the Committee.
(4) Subject to the following provisions of this paragraph, a member of a sub-committee shall be appointed on such terms as to duration and termination of membership as the Committee shall with the approval of the Board determine, and shall, on ceasing to be a member, be eligible for re-appointment.
(5) At any time a member of a sub-committee may resign his membership, or if he is the chairman of the sub-committee he may resign as chairman, by giving notice to the Committee.
(6) The Committee may with the approval of the Board at any time terminate the membership of any member of a sub-committee, or the position of a member as the sub-committee’s chairman, by giving notice to the member in question.
5.—(1) The Committee may delegate any of its functions to a sub-committee, and may withdraw any such delegation.
(2) A sub-committee shall comply with the terms of any such delegation by the Committee, and of any direction by the Committee as to the procedure of the sub-committee.
(3) Anything done by or to a sub-committee shall be treated for the purposes of the Act as if done by or to the Committee.
6.—(1) Subject to the following provisions of this paragraph, and to any direction by the Committee, a sub-committee may determine its own procedure.
(2) A sub-committee shall meet when convened by its chairman.
(3) Without prejudice to the discretion of the chairman of the sub-committee to call a meeting of the sub-committee, he shall call a meeting when requested to do so by not less than half the members of the Committee or of that sub-committee.
(4) In the event that the chairman of a sub-committee does not attend a meeting of the sub-committee, another member may, with the agreement of the sub-committee, act as chairman for the purposes of that meeting.
(5) Where, in respect of any matter, a sub-committee is unable to reach a decision because of an equality of votes, the chairman or, in his absence, any person acting as chairman pursuant to sub-paragraph (4), shall have a casting vote.
(6) Subject to any provision for a quorum made under paragraph 7, the validity of any proceedings of a sub-committee shall not be affected by any vacancy amongst the members or by any defect in the appointment of a member.
(7) A sub-committee shall keep minutes of the proceedings of its meetings.
7. The Committee may set quorums for its meetings and those of any sub-committee.
8.—(1) The Board shall provide the Committee and any sub-committee with such administrative and secretarial assistance as they may reasonably require.
(2) The Board shall reimburse any out-of-pocket expenses duly incurred by any member of the Committee, or of a sub-committee, in the performance of his functions.
9.—(1) The Committee shall keep records of—
(a)the records and artefacts, and classes or descriptions of record or artefact, which it and its sub-committees designate, and of the bodies which are notified of such designations, pursuant to section 3 of the Act; and
(b)particulars of any consent or direction given by the Committee and its sub-committees pursuant to section 4 of the Act and of the persons to whom such consents or directions are given.
(2) The records referred to in sub-paragraph (1), and the minutes kept pursuant to paragraphs 3(7) and 6(7), shall be open to public inspection at such place and at such times as the Committee may determine.
(This note is not part of the Order)
This Order gives effect to the Railway Heritage Scheme set out in the Schedule.
The Order revokes and replaces the Railway Heritage Scheme Order 1994, made under section 125 of the Railways Act 1993. That Order provided for the establishment of the Railway Heritage Committee, the duration and termination of membership of the Committee, proceedings of the Committee, matters of administrative and secretarial assistance and expenses, and records of the Committee.
These provisions have been re-enacted except for one provision. A requirement that the Committee should contain two persons employed by the British Railways Board, a wholly owned subsidiary of it or a publicly owned railway company has been changed to a requirement that it should contain two persons employed by the bodies to which section 1 of the Railway Heritage Act 1996 applies.
The other significant differences with the Scheme contained in the 1994 Order are that the present Scheme—
(1) makes provision for the establishment, membership, functions and proceedings of sub-committees;
(2) extends to sub-committees the provisions relating to administrative and secretarial assistance, payment of expenses and records;
(3) enables the Committee to set quorums for its meetings and those of sub-committees; and
(4) enables the Committee to appoint a deputy chairman.