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Railways and Transport Safety Act 2003

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This is the original version (as it was originally enacted).

Section 16

SCHEDULE 2Abolition of Rail Regulator: Consequential Amendments

This schedule has no associated Explanatory Notes

Part 1Railways Act 1993 (c. 43)

1The Railways Act 1993 shall be amended as follows.

2Section 1 and Schedule 1 (the Rail Regulator) shall cease to have effect.

3Subject to the following paragraphs of this Schedule, in the provisions specified in the following table—

(a)for “the Regulator” substitute “the Office of Rail Regulation”,

(b)for “he” and “him”, where they refer only to the Regulator, substitute “it”, and

(c)for “his”, where it refers to the Regulator, substitute “its”.

SectionDescriptionSectionDescription
Section 4General dutiesSection 22BApplications for directions
Section 6Unauthorised operatorsSection 22CAmendment: supplementary
Section 7ExemptionsSection 24Exemption of passenger services
Section 7AConsumer protection conditionsSection 26Invitations to tender
Section 8LicencesSection 43Closures: notification &c.
Section 9Conditions of licencesSection 46Variation of closure conditions
Section 11Assignment of licencesSection 46AGeneral determinations
Section 12Modification by agreementSection 46BNotification of minor closures
Section 13Modification referencesSection 55Orders for ensuring compliance
Section 14Reports on referencesSection 56Procedural requirements
Section 15Modification following reportSection 57APenalties
Section 15APower to veto modificationSection 57BStatement of policy
Section 15BModification by CommissionSection 57CProcedural requirements for penalties
Section 15CSupplementarySection 67Respective functions
Section 16Modification by orderSection 68Investigatory functions
Section 16AProvision &c. of facilitiesSection 69General functions
Section 16BExemptionSection 71Publication of information
Section 16CApplications for directionsSection 72Keeping of register: Regulator
Section 16DProcedureSection 73Keeping of register: Authority
Section 16EDecisions: adequate rewardSection 74Reports: Regulator
Section 16FDecisions: other provisionsSection 75Reports: Authority
Section 16GDirectionsSection 76Rail Passengers' Council
Section 16HCode of PracticeSection 77Rail Passengers' Committees
Section 16ISupplementarySection 79Annual reports
Section 17Access agreements: directionsSection 95Transfer schemes: power to require information
Section 18Access agreements: approvalSection 118National emergency
Section 19Access agreements: use of installationsSection 145Disclosure of information
Section 19AReview of access chargesSchedule 2Rail Passengers' Committees
Section 20ExemptionSchedule 3Rail Passengers' Council
Section 21Model clausesSchedule 4Access agreements
Section 22AmendmentSchedule 4AReview of access charges
Section 22ADirections to amend

4In section 7 (exemptions from section 6)—

(a)in subsection (3)(b) for “it” substitute “the exemption”, and

(b)in subsection (8) after “he” insert “or it”.

5In section 8(4)(a) and (b) (licences) after “he” insert “or it”.

6In section 9(3)(f) (conditions of licences) after “he” and “him” insert “or it”.

7In section 15(4A) (modification following report)—

(a)omit “he or”, and

(b)in paragraphs (a) and (b) omit “it proposes to”.

8In section 15C(3) (sections 15A and 15B: supplementary)—

(a)after “shall” insert “each”, and

(b)in each place, omit “his or”.

9In section 20(3)(b) (exemption of railway facilities from sections 17, 18 and 22A) for “it” substitute “the exemption”.

10In section 21(5) (model clauses for access contracts)—

(a)after “any” insert “of its”, and

(b) omit “of his”.

11In section 55(5ZA)(a) (orders for securing compliance) for the second “it” substitute “the Authority”.

12In section 57A(5)(a) (penalties) for the second “it” substitute “the Authority”.

13In section 57B (statement of policy)—

(a)in subsection (3) omit “or his”, and

(b)in subsection (4)(a) omit “his or”.

14In section 74 (reports)—

(a)in subsection (1) for “after the end of the first relevant financial year and of each subsequent financial year,” substitute “after the end of each financial year,”, and

(b)in subsection (8) omit the definition of “first relevant financial year”.

15In section 76(5A) (matters referred to the Authority by the Rail Passengers' Council) for “him” substitute “the Office of Rail Regulation”.

16In section 77(4A) (matters referred to the Authority by a Rail Passengers' Committee) for “him” substitute “the Office of Rail Regulation”.

17In section 151(1) (general interpretation) omit the definition of “the Regulator”.

18In Part I of Schedule 6 (railway administration orders) for “the Rail Regulator” substitute “the Office of Rail Regulation”.

Part 2Other Acts

General

19In the following enactments for a reference to the Rail Regulator there shall be substituted a reference to the Office of Rail Regulation—

(a)section 13 of the Transport Act 1962 (c. 46) (Boards' powers of manufacture),

(b)Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments subject to jurisdiction),

(c)section 133 of the Fair Trading Act 1973 (c. 41) (disclosure of information),

(d)section 174 of the Consumer Credit Act 1974 (c. 39) (disclosure of information),

(e)section 10 of the Estate Agents Act 1979 (c. 38) (disclosure of information),

(f)section 19 of the Competition Act 1980 (c. 21) (disclosure of information),

(g)section 101 of the Telecommunications Act 1984 (c. 12) (disclosure of information),

(h)section 41A of the London Regional Transport Act 1984 (c. 32) (access contracts),

(i)section 74 of the Airports Act 1986 (c. 31) (disclosure of information),

(j)section 9E of the Company Directors Disqualification Act 1986 (c. 46) (disqualification for competition infringement),

(k)section 38 of the Consumer Protection Act 1987 (c. 43) (disclosure of information),

(l)Schedule 15 to the Water Industry Act 1991 (c. 56) (disclosure of information),

(m)Schedule 24 to the Water Resources Act 1991 (c. 57) (disclosure of information),

(n)Schedules 2 and 4 to the Deregulation and Contracting Out Act 1994 (c. 40) (sectoral regulators),

(o)sections 17, 21 and 22 of the Channel Tunnel Rail Link Act 1996 (c. 61) (rail legislation and regulator),

(p)section 54 of, Part I of Schedule 10 to and Schedule 11 to the Competition Act 1998 (c. 41) (regulators),

(q)sections 199, 200, 228(2) and (3) and 235 of, and paragraph 15 of Schedule 18 to, the Greater London Authority Act 1999 (c. 29),

(r)Schedule 7 to the Postal Services Act 2000 (c. 26) (disclosure of information),

(s)section 105 of the Utilities Act 2000 (c. 27) (disclosure of information),

(t)the following provisions of the Transport Act 2000 (c. 38)

(i)section 206 (strategies),

(ii)section 216 (assumption of certain functions of Regulator),

(iii)paragraph 3 of Schedule 9 (disclosure of information),

(iv)paragraph 13 of Schedule 10 (disclosure of information),

(v)Part III of Schedule 17 (transfers to SRA from Regulator), and

(vi)Part II of Schedule 26 (transfers to SRA: tax), and

(u)sections 136 and 168 of the Enterprise Act 2002 (c. 40) (investigations and regulated markets).

20In addition to the amendments effected by paragraph 19, the following enactments shall be amended as specified.

House of Commons Disqualification Act 1975 (c. 24)

21In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership)—

(a)in Part II (bodies of which all members are disqualified) at the appropriate place insert—

The Office of Rail Regulation., and

(b)in Part III (other disqualifying offices) omit the entry relating to the Rail Regulator.

Channel Tunnel Rail Link Act 1996 (c. 61)

22In sections 21 and 22 of the Channel Tunnel Rail Link Act 1996—

(a)for “he” and “him”, where they refer to the Rail Regulator, substitute “it”, and

(b)for “his”, where it refers to the Rail Regulator, substitute “its”.

Greater London Authority Act 1999 (c. 29)

23For section 228(1) of the Greater London Authority Act 1999 (the heading to which becomes “PPP arbiter also Member of Office of Rail Regulation: duties of staff”) substitute—

(1)Subsections (2) and (3) shall apply while a member of the Office of Rail Regulation holds the office of PPP arbiter.

Financial Services and Markets Act 2000 (c. 8)

24In the table in Part I of Schedule 19 to the Financial Services and Markets Act 2000 (competition information) for the entry numbered 11 substitute—

11 The Office of Rail Regulation.Any function of that office under a specified enactment.

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