The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
1(1)The Office of Rail Regulation shall consist of a chairman and at least four other members appointed by the Secretary of State.E+W+S
(2)The chairman or another member—
(a)may not be appointed for a term of more than five years (but may be reappointed),
(b)may resign by notice in writing to the Secretary of State, and
(c)shall hold and vacate office in accordance with the terms of his appointment.
(3)Before appointing a member other than the chairman the Secretary of State shall consult the chairman.
2The Secretary of State may dismiss a member of the Office by notice in writing on the grounds that the member—E+W+S
(a)has been absent from meetings of the Office without permission of the Office during a period of more than three months,
(b)has a financial or other personal interest which is likely to influence the performance of his functions as a member,
(c)is the subject of a bankruptcy restrictions order (or interim order),
(d)has had his estate sequestrated in Scotland or, under Scots law, has made a composition or arrangement with, or granted a trust deed for, his creditors,
(e)has misbehaved, or
(f)is unable, unfit or unwilling to perform his functions as a member.
3(1)The Office shall appoint a Chief Executive.E+W+S
(2)Before appointing a Chief Executive the Office shall—
(a)consult the Secretary of State, and
(b)obtain the Treasury’s approval of the terms and conditions of appointment.
4(1)The Office may appoint other employees.E+W+S
(2)The power under sub-paragraph (1) may be exercised only if the Office has the approval of the Treasury as to—
(b)terms and conditions of employment.
5Service as an employee of the Office is employment in the civil service of the State.E+W+S
6The Office may establish one or more committees (which may include persons who are neither members of nor employed by the Office).E+W+S
7The Office may delegate a function to—E+W+S
(a)the Chief Executive or another employee, or
8The Office shall—E+W+S
(a)determine arrangements for the conduct of its proceedings (which may, in particular, include arrangements for a quorum), and
(b)publish those arrangements.
9(1)The Office may do anything which it thinks necessary or expedient for the purpose of or in connection with the performance of its functions.E+W+S
(2)Sub-paragraph (1) is subject to paragraph 16.
10The validity of any proceedings of the Office shall not be affected by—E+W+S
(a)a vacancy, or
(b)a defective appointment.
11The Office may with the approval of the Secretary of State make to or in respect of members of the Office, employees or committee-members payments by way of or in respect of—E+W+S
12(1)This paragraph applies where an employee of the Office becomes a member of the Office.E+W+S
(2)The Secretary of State may determine that the person’s term as a member shall be treated for the purposes of a scheme under section 1 of the Superannuation Act 1972 (c. 11) (civil service pension scheme) as employment in the civil service of the State.
13If the Secretary of State thinks that special circumstances of a person’s ceasing to be a member of the Office make it appropriate to pay him compensation, the Office may pay him compensation of an amount approved by the Secretary of State (whether or not he receives other benefits by way of pension).E+W+S
14The Office may incur expenditure in connection with advisory or other services provided to the Office.E+W+S
15Expenditure incurred by the Office in connection with the performance of its functions shall (to the extent not met by other income of the Office) be paid out of money provided by Parliament.E+W+S
16The Office may not borrow money.E+W+S
17(1)Before appointing a person as a member of the Office the Secretary of State shall satisfy himself that the person neither has nor is expected to acquire a financial or other personal interest which is likely to influence the performance of his functions as a member.E+W+S
(2)From time to time the Secretary of State shall satisfy himself that no member of the Office has a financial or other personal interest which is likely to influence the performance of his functions as a member.
18(1)Procedural arrangements made by the Office under paragraph 8 shall include arrangements under which a member, employee or committee-member who has a financial or other personal interest which is likely to influence his performance of a particular function is obliged—E+W+S
(a)to declare the interest, and
(b)to withdraw from the performance of the function to the relevant extent.
(2)Procedural arrangements made by the Office under paragraph 8 shall include arrangements under which a member, employee or committee-member who has a financial or other personal interest which is relevant to a particular function but does not fall under sub-paragraph (1) is obliged—
(a)to declare the interest, and
(b)unless the members of the Office direct otherwise, to withdraw from the performance of the function to the relevant extent.
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Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
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