Railways and Transport Safety Act 2003

PROVISION WHICH MAY BE INCLUDED IN REGULATIONS MADE UNDER OR BY VIRTUE OF SECTION 103

Introduction

1 (1) In this Schedule “regulations” means regulations which are made—

(a) in connection with the Convention specified in section 103(1), and

(b) under section 103(1) or section 2 of the European Communities Act 1972 (c. 68) (implementation of Community obligations).

(2) An expression used in this Schedule and in the Convention has the same meaning in this Schedule as in the Convention.

(3) In this Schedule—

• “court” includes “tribunal”, and

• “legal proceedings” includes arbitration.

General

2 Regulations may—

(a) make provision enabling a right or duty arising under the Convention to be enforced;

(b) deal with any matter arising out of or related to the Convention;

(c) supplement or amplify a provision of the Convention;

(d) amend an enactment;

(e) apply, disapply or modify the effect of an enactment;

(f) confer jurisdiction on a court;

(g) confer a function (which may include a discretionary function) on the Secretary of State or a person appointed in accordance with the regulations;

(h) impose a duty to co-operate with a person exercising a function under the Convention or the regulations;

(i) enable a fee to be charged in connection with an inspection or the exercise of another function under the Convention or the regulations;

(j) require a person to provide information to the Secretary of State or another person;

(k) make provision about the disclosure of information;

(l) make provision about the admission of railway vehicles or other railway material to international traffic, which may include provision—

(i) which concerns the movement or treatment of vehicles or other material following admission;

(ii) which concerns the movement or treatment of passengers following admission;

(m) make provision which applies generally or only in specific circumstances;

(n) make different provision for different circumstances;

(o) include consequential provision (which may include provision amending or repealing an enactment);

(p) include transitional, supplemental or incidental provision.

Changes to Convention

3 (1) Regulations may make provision about modification of the Convention in accordance with its provisions.

(2) In particular, the regulations may—

(a) provide for a reference to the Convention to be treated following modification (whether occurring before or after the reference first takes effect) as a reference to the Convention as modified;

(b) make different provision in respect of modification by decision of a committee and modification by decision of the General Assembly;

(c) provide for a suspension under Article 35(4) of the Convention to be disregarded except in so far as it relates to the United Kingdom;

(d) give effect to a transitional provision made by or under the Convention;

(e) make transitional provision in relation to a modification of the Convention.

(3) In this paragraph a reference to modification of the Convention includes a reference to—

(a) the validation of a technical standard, and

(b) the adoption of a uniform technical prescription.

4 Regulations may make provision about the publication of—

(a) a change to the list of parties to the Convention;

(b) a declaration, objection or reservation by a party to the Convention;

(c) the suspension of part of the Convention in relation to a party;

(d) a modification of the Convention (including the validation of a technical standard or the adoption of a uniform technical prescription).

Imposition of conditions

5 (1) Regulations may specify conditions which must be satisfied before a person may—

(a) exercise a right under the Convention, or

(b) do something to which the Convention applies.

(2) The conditions may, in particular, relate to—

(a) the making of an application;

(b) the determination of an application by the Secretary of State or another person;

(c) the payment of a fee;

(d) the provision of information;

(e) the display of a sign on a rail vehicle;

(f) the attendance of a constable.

Sanctions

6 (1) Regulations may provide a criminal or other sanction in connection with a duty arising under the Convention or the regulations.

(2) But regulations may not create a criminal offence which—

(a) is punishable with imprisonment, or

(b) is punishable on summary conviction with a fine exceeding the statutory maximum or level 5 on the standard scale.

(3) Sub-paragraph (2) shall not apply to an offence created in reliance on section 2(2) of the European Communities Act 1972 (c. 68).

(4) Sub-paragraph (2) shall also not apply to an offence created by way of or in connection with a provision which—

(a) applies (with or without modification) a provision made in reliance on an Act other than this Act,

(b) is similar to provision made in reliance on an Act other than this Act, or

(c) is made partly in reliance on this Act and partly in reliance on another Act.

Related legal proceedings

7 (1) Regulations may make provision designed to prevent double recovery.

(2) In particular, regulations may require or enable a court to—

(a) have regard to the result or possible result of other proceedings, whether in the United Kingdom or elsewhere and whether actual or potential;

(b) make an award wholly or partly conditional on the result of other proceedings.

Enforcement of judgments

8 (1) Regulations may make provision about the enforcement of judgments.

(2) The regulations may, in particular, make provision about the application of Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (c. 13).

Special drawing rights

9 (1) Regulations may make provision for the conversion of special drawing rights into sterling in connection with the application of the Convention or the regulations to legal proceedings.

(2) Regulations may, in particular—

(a) make provision by reference to determinations of the International Monetary Fund;

(b) require or enable a matter to be certified by or on behalf of the Treasury;

(c) provide for the proof and treatment of a certificate under paragraph (b);

(d) enable a fee to be charged for the issue of a certificate under paragraph (b).

Saving

10 This Schedule is without prejudice to the generality of—

(a) section 103(1), or

(b) section 2 of the European Communities Act 1972 (c. 68).