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Railways Act 1993

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Functions under private and local legislation etc.E+W+S

7(1)A scheme under this Schedule may provide that any functions of the existing appointee under a statutory provision—E+W+S

(a)shall be transferred to the new appointee or any of the other appointees;

(b)shall be concurrently exercisable by two or more companies falling within paragraph (a) above; or

(c)shall be concurrently exercisable by the existing appointee and one or more companies falling within paragraph (a) above;

and different schemes under this Schedule may provide for any such functions of the same existing appointee to have effect as mentioned in paragraphs (a) to (c) above in relation to each of the new appointees under those schemes or of all or any of the other appointees.

(2)Sub-paragraph (1) above applies in relation to any function under a statutory provision if and to the extent that the statutory provision—

(a)relates to any part of the existing appointee’s undertaking, or to any property, which is to be transferred by the scheme; or

(b)authorises the carrying out of works designed to be used in connection with any such part of the existing appointee’s undertaking or the acquisition of land for the purpose of carrying out any such works.

(3)Sub-paragraph (1) above does not apply to any function of the Board or of any of the Board’s subsidiaries under any provision of this Act or of—

(a)the M1Transport Act 1962;

(b)the M2Transport Act 1968;

(c)section 4 of the M3Railways Act 1974; or

(d)sections 119 to 124 of the M4Transport Act 1985.

(4)A scheme under this Schedule may define any functions of the existing appointee to be transferred or made concurrently exercisable by the scheme in accordance with sub-paragraph (1) above—

(a)by specifying the statutory provisions in question;

(b)by referring to all the statutory provisions (except those specified in sub-paragraph (3) above) which—

(i)relate to any part of the existing appointee’s undertaking, or to any property, which is to be transferred by the scheme, or

(ii)authorise the carrying out of works designed to be used in connection with any such part of the existing appointee’s undertaking or the acquisition of land for the purpose of carrying out any such works; or

(c)by referring to all the statutory provisions within paragraph (b) above, but specifying certain excepted provisions.

(5)In this paragraph “statutory provision” means a provision whether of a general or of a special nature contained in, or in any document made or issued under, any Act, whether of a general or a special nature.

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