Search Legislation

Railways and Transport Safety Act 2003

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: PROVISION WHICH MAY BE INCLUDED IN REGULATIONS MADE UNDER OR BY VIRTUE OF SECTION 103

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Railways and Transport Safety Act 2003, PROVISION WHICH MAY BE INCLUDED IN REGULATIONS MADE UNDER OR BY VIRTUE OF SECTION 103 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PROVISION WHICH MAY BE INCLUDED IN REGULATIONS MADE UNDER OR BY VIRTUE OF SECTION 103 U.K.

IntroductionU.K.

1(1)In this Schedule “regulations” means regulations which are made—U.K.

(a)in connection with the Convention specified in section 103(1), and

(b)under section 103(1) F1....

(2)An expression used in this Schedule and in the Convention has the same meaning in this Schedule as in the Convention.

(3)In this Schedule—

  • court” includes “tribunal”, and

  • legal proceedings” includes arbitration.

Textual Amendments

Commencement Information

I1Sch. 6 para. 1 in force at 30.3.2004 by S.I. 2004/827, art. 3(hh)

GeneralU.K.

2U.K.Regulations may—

(a)make provision enabling a right or duty arising under the Convention to be enforced;

(b)deal with any matter arising out of or related to the Convention;

(c)supplement or amplify a provision of the Convention;

(d)amend an enactment;

(e)apply, disapply or modify the effect of an enactment;

(f)confer jurisdiction on a court;

(g)confer a function (which may include a discretionary function) on the Secretary of State or a person appointed in accordance with the regulations;

(h)impose a duty to co-operate with a person exercising a function under the Convention or the regulations;

(i)enable a fee to be charged in connection with an inspection or the exercise of another function under the Convention or the regulations;

(j)require a person to provide information to the Secretary of State or another person;

(k)make provision about the disclosure of information;

(l)make provision about the admission of railway vehicles or other railway material to international traffic, which may include provision—

(i)which concerns the movement or treatment of vehicles or other material following admission;

(ii)which concerns the movement or treatment of passengers following admission;

(m)make provision which applies generally or only in specific circumstances;

(n)make different provision for different circumstances;

(o)include consequential provision (which may include provision amending or repealing an enactment);

(p)include transitional, supplemental or incidental provision.

Commencement Information

I2Sch. 6 para. 2 in force at 30.3.2004 by S.I. 2004/827, art. 3(hh)

Changes to ConventionU.K.

3(1)Regulations may make provision about modification of the Convention in accordance with its provisions.U.K.

(2)In particular, the regulations may—

(a)provide for a reference to the Convention to be treated following modification (whether occurring before or after the reference first takes effect) as a reference to the Convention as modified;

(b)make different provision in respect of modification by decision of a committee and modification by decision of the General Assembly;

(c)provide for a suspension under Article 35(4) of the Convention to be disregarded except in so far as it relates to the United Kingdom;

(d)give effect to a transitional provision made by or under the Convention;

(e)make transitional provision in relation to a modification of the Convention.

(3)In this paragraph a reference to modification of the Convention includes a reference to—

(a)the validation of a technical standard, and

(b)the adoption of a uniform technical prescription.

Commencement Information

I3Sch. 6 para. 3 in force at 30.3.2004 by S.I. 2004/827, art. 3(hh)

4U.K.Regulations may make provision about the publication of—

(a)a change to the list of parties to the Convention;

(b)a declaration, objection or reservation by a party to the Convention;

(c)the suspension of part of the Convention in relation to a party;

(d)a modification of the Convention (including the validation of a technical standard or the adoption of a uniform technical prescription).

Commencement Information

I4Sch. 6 para. 4 in force at 30.3.2004 by S.I. 2004/827, art. 3(hh)

Imposition of conditionsU.K.

5(1)Regulations may specify conditions which must be satisfied before a person may—U.K.

(a)exercise a right under the Convention, or

(b)do something to which the Convention applies.

(2)The conditions may, in particular, relate to—

(a)the making of an application;

(b)the determination of an application by the Secretary of State or another person;

(c)the payment of a fee;

(d)the provision of information;

(e)the display of a sign on a rail vehicle;

(f)the attendance of a constable.

Commencement Information

I5Sch. 6 para. 5 in force at 30.3.2004 by S.I. 2004/827, art. 3(hh)

SanctionsU.K.

6(1)Regulations may provide a criminal or other sanction in connection with a duty arising under the Convention or the regulations.U.K.

(2)But regulations may not create a criminal offence which—

(a)is punishable with imprisonment, or

(b)is punishable on summary conviction with a fine exceeding the statutory maximum or level 5 on the standard scale.

(3)Sub-paragraph (2) shall not apply to an offence created in reliance on section 2(2) of the European Communities Act 1972 (c. 68).

(4)Sub-paragraph (2) shall also not apply to an offence created by way of or in connection with a provision which—

(a)applies (with or without modification) a provision made in reliance on an Act other than this Act,

(b)is similar to provision made in reliance on an Act other than this Act, or

(c)is made partly in reliance on this Act and partly in reliance on another Act.

Commencement Information

I6Sch. 6 para. 6 in force at 30.3.2004 by S.I. 2004/827, art. 3(hh)

Related legal proceedingsU.K.

7(1)Regulations may make provision designed to prevent double recovery.U.K.

(2)In particular, regulations may require or enable a court to—

(a)have regard to the result or possible result of other proceedings, whether in the United Kingdom or elsewhere and whether actual or potential;

(b)make an award wholly or partly conditional on the result of other proceedings.

Commencement Information

I7Sch. 6 para. 7 in force at 30.3.2004 by S.I. 2004/827, art. 3(hh)

Enforcement of judgmentsU.K.

8(1)Regulations may make provision about the enforcement of judgments.U.K.

(2)The regulations may, in particular, make provision about the application of Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 (c. 13).

Commencement Information

I8Sch. 6 para. 8 in force at 30.3.2004 by S.I. 2004/827, art. 3(hh)

Special drawing rightsU.K.

9(1)Regulations may make provision for the conversion of special drawing rights into sterling in connection with the application of the Convention or the regulations to legal proceedings.U.K.

(2)Regulations may, in particular—

(a)make provision by reference to determinations of the International Monetary Fund;

(b)require or enable a matter to be certified by or on behalf of the Treasury;

(c)provide for the proof and treatment of a certificate under paragraph (b);

(d)enable a fee to be charged for the issue of a certificate under paragraph (b).

Commencement Information

I9Sch. 6 para. 9 in force at 30.3.2004 by S.I. 2004/827, art. 3(hh)

SavingU.K.

10U.K.This Schedule is without prejudice to the generality of—

(a)section 103(1), F2...

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I10Sch. 6 para. 10 in force at 30.3.2004 by S.I. 2004/827, art. 3(hh)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

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.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources