Part I The Boards and the Holding Company

Provisions concerning all the Boards

13 The Boards’ powers of manufacture and production. C1

1

Each of the Boards shall have power to construct, manufacture, produce, purchase, maintain and repair anything required for the purposes of the business—

a

of that Board,

b

of any other Board, or

c

of a subsidiary of any of the Boards or of a subsidiary of the Holding Company,

and, subject to section eleven of this Act and to the following provisions of this section, the Boards shall not have power to construct, manufacture, produce, purchase, maintain or repair anything not required for any of those purposes.

F11A

Subsection (1) of this section shall have effect, in relation to the Railways Board, with the insertion after paragraph (c) of the following—"

d

of the F7Office of Rail and Road,

e

of any person who provides, or secures the provision of, railway services, within the meaning of Part I of the Railways Act 1993, or

f

of any person carrying on any undertaking which was, immediately before 1st April 1993, carried on by the Railways Board or any wholly owned subsidiary of that Board,”,

and with the omission of the word or immediately preceding that paragraph.

2

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F33

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C2F44

Each of the Boards shall from time to time submit to the Minister proposals as to the manner in which their powers of construction, manufacture and production under the foregoing provisions of this section are to be exercised, and shall exercise those powers in accordance with those proposals as approved by the Minister with or without modification; but the Minister may, after consultation with a Board, direct that Board to discontinue any of the activities which they are carrying on in accordance with proposals so approved.

5

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F69

If the Secretary of State is of the opinion that it is no longer necessary, or no longer desirable, for the Railways Board to conduct any of the activities mentioned in subsection (1) of this section for the purposes of the business of any persons, or of persons of any class or description, mentioned in that subsection, he may by order provide that, as from the date on which the order comes into force, that Board shall cease to have power to conduct the activity in question in relation to the person in question.

10

An order under subsection (9) of this section may make such consequential amendments or repeals in any enactment as may appear to the Secretary of State to be necessary or expedient for the purposes of, or in connection with, the order.

11

Any order made under subsection (9) of this section shall be made by statutory instrument, and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

12

Any reference in this section to “ business ” includes, in the case of the F7Office of Rail and Road, a reference to the carrying on of any activity in the exercise of his powers or the performance of his duties.