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Scotland Act 1998

Executive Devolution

The following functions have been made concurrently exercisable by a Minister of the Crown and the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750).

The Railways Act 1993 (c.43):

(a)

section 74(1) and (3);

Section 74(1) - The function of receiving from the Rail Regulator his annual report on his activities during each financial year and the activities of the Monopolies and Mergers Commission during the same year so far as relating to references made to the Commission by the Regulator.

Section 74(3) - The function of the Secretary of State to comply with the duty to lay before Parliament a copy of every report made by the Rail Regulator  under section 74(1) and to arrange for publication of every such report.

(b)

section 75(1) and (2);

Section 75(1) - The function of the Secretary of State to receive from the Director of Passenger Rail Franchising his annual report of his activities during each financial year and the general performance of franchisees during that year in carrying out their functions under franchise agreements.

Section 75(2) - The function of the Secretary of State to comply with the duty to lay before each House of Parliament a copy of every report made to him by the Franchising Director under section 75(1) and to arrange for the publication of every such report.

(c)

section 76(6)(a);

The function of the Secretary of State to receive a report of the findings of the Central Rail Users’ Consultative Committee where it has investigated any matter.

(d)

section 79(1);

The function of the Secretary of State of receiving the annual report of the Central Rail Users Consultative Committee and the duty to lay a copy of those reports before each House of Parliament.

(e)

section 137; and

Section 137(1) - The function of the Secretary of State to enter into agreements with goods service operators for the making of payments in respect of track access charges.

Section 137(2) - The function of the Secretary of State to be satisfied that certain benefits are likely to result from the provision of services under an agreement.

Section 137(3) - The function of the Secretary of State for making payments under agreements entered into under this section shall be paid out of money provided by Parliament.

Section 137(4) - The definition of “goods service operator” and “track access charge”.

(f)

section 139(1), (2), (3), (5) and (6).

Section 139(1) - The function of the Secretary of State to make grants towards the provision of facilities for or in connection with the carriage of goods by railway or the loading or unloading of such goods.

Section 139(2) - The function of the Secretary of State to be satisfied as to the matters set out in paragraphs (a) to (c).

Section 139(3) - The function of the Secretary of State to take a view as to the nature and purpose of the expenditure to be grant aided.

Section 139(5) - The function of the Secretary of State to consider an application under that subsection and to require supporting evidence with respect to the matters set out in paragraphs (a) to (c).

Section 139(6) - The function of the Secretary of State to impose terms and conditions.

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