Railways and Transport Safety Act 2003 Explanatory Notes

Commentary on sections

Section 15: Establishment & Schedule 1: Office of Rail Regulation

46.Section 15(2) gives effect to Schedule 1. Schedule 1 gives details about the membership, staff and financial arrangements of the new Office of Rail Regulation.

47.Paragraphs 6 and 7 allow the Office to establish committees and to delegate its functions to such committees. Membership of those committees is not limited to Office members and employees. This enables the Office to bring outside expertise to committees, which may be advisory or decision making and deal with specific tasks or have continuing functions.

48.Paragraph 18 requires the Office to make arrangements to manage potential or perceived conflicts of interests which could affect the performance of a particular function and, as well as members, covers employees and others appointed to committees.

  • Paragraph 18(1) requires declaration and withdrawal from involvement where a financial or other personal interest is likely to influence a person’s performance of a particular function.

  • Paragraph 18(2) applies where an interest is not in fact likely to influence a person’s performance of the function, but which is nonetheless relevant to that function. In such a case, the interest must be declared and the person must not perform that function, unless the Office decides that he may do so.

Section 16: Transfer of functions

49.Section 16(5) gives effect to Schedule 2. This Schedule makes consequential amendments to existing legislation as a result of the transfer from the Rail Regulator to the Office of Rail Regulation.

50.Section 16(5) also gives effect to Schedule 3. This Schedule provides, amongst other things, for actions of the Regulator prior to commencement to continue to be valid.

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