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The Passengers’ Council (Non-Railway Functions) Order 2010

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Article 2

SCHEDULECHANGE OF NAME OF RAIL PASSENGERS’ COUNCIL: CONSEQUENTIAL AMENDMENTS

This schedule has no associated Explanatory Memorandum

PART 1AMENDMENTS TO PRIMARY LEGISLATION

Public Records Act 1958 (c. 51)

1.—(1) In Schedule 1 to the Public Records Act 1958 (definition of public records) Part 2 of the Table at the end of paragraph 3 is amended as follows.

(2) At the appropriate place insert—

Passengers’ Council..

(3) Omit the entry for the Rail Passengers’ Council(1).

Transport Act 1962 (c. 46)

2.—(1) The Transport Act 1962 is amended as follows.

(2) In section 56 (the Transport Consultative Committees) for “Rail Passengers’ Council”(2) (in each place) substitute “Passengers’ Council”.

(3) In the heading to section 56 for “Transport Consultative Committees” substitute “Passengers’ Council and London Transport Users’ Committee”.

Parliamentary Commissioner Act 1967 (c. 13)

3.—(1) Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) is amended as follows.

(2) At the appropriate place insert—

Passengers’ Council..

(3) Omit the entry for the Rail Passengers’ Council(3).

Transport Act 1968 (c. 73)

4.—(1) The Transport Act 1968 is amended as follows.

(2) In section 55(1) (amendments as to Transport Consultative Committees) for “Rail Passengers’ Council”(4) substitute “Passengers’ Council”.

(3) In the heading to section 55 for “Transport Consultative Committees” substitute “Passengers’ Council and London Transport Users’ Committee”.

Channel Tunnel Act 1987 (c. 53)

5.  In section 41(1)(a) of the Channel Tunnel Act 1987 (railway services: consultative committees and closures) for “Rail Passengers’ Council”(5) substitute “Passengers’ Council”.

Railways Act 1993 (c. 43)

6.—(1) The Railways Act 1993 is amended as follows.

(2) In section 68(2) (investigatory functions of Office of Rail Regulation) for “Rail Passengers’ Council”(6) substitute “Passengers’ Council”.

(3) In section 76 (general duties of Rail Passengers’ Council)—

(a)for “the Rail Passengers’ Council”(7) (in each place) substitute “the Passengers’ Council”; and

(b)in the heading for “General Duties of the Rail Passengers’ Council”(8) substitute “General railway duties of Passengers’ Council”.

(4) In the cross-heading before section 76 for “Rail Passengers’ Council”(9) substitute “Passengers’ Council”.

(5) In section 76A (delegation of duties under section 76(7A))(10) for “Rail Passengers’ Council” (in each place) substitute “Passengers’ Council”.

(6) In section 145(5)(a) (general restrictions on disclosure of information) for “Rail Passengers’ Council”(11) substitute “Passengers’ Council”.

Greater London Authority Act 1999 (c. 29)

7.—(1) The Greater London Authority Act 1999 is amended as follows.

(2) In section 252B(1)(b) (references to Committee in relation to railways)(12) for “Rail Passengers’ Council” substitute “Passengers’ Council”.

(3) In section 252D(3)(a) (reports on investigation etc)(13) for “Rail Passengers’ Council” substitute “Passengers’ Council”.

(4) In section 252E(2) (power to make exclusions from duties under sections 252A to 252D)(14) for “Rail Passengers’ Council” substitute “Passengers’ Council”.

(5) In Schedule 18 (London Transport Users’ Committee) in paragraph 11(3) for “Rail Passengers’ Council”(15) substitute “Passengers’ Council”.

Transport Act 2000 (c. 38)

8.—(1) The Transport Act 2000 is amended as follows.

(2) In section 227 (renaming of committees) omit subsection (3)(16).

(3) In Schedule 22 (renaming of Rail Users’ Consultative Committees) omit paragraphs 8, 20 and 24.

(4) In Schedule 28 (transitionals and savings about railways) in paragraph 10 for “Rail Passengers’ Council” substitute “Passengers’ Council”.

Railways Act 2005 (c. 14)

9.—(1) The Railways Act 2005 is amended as follows.

(2) In section 1(3)(e) (transfer etc of SRA functions and abolition) for “Rail Passengers’ Council” substitute “Passengers’ Council”.

(3) In section 19 (the Rail Passengers’ Council)—

(a)for “Rail Passengers’ Council” (in each place) substitute “Passengers’ Council”; and

(b)in the heading, for “Rail Passengers’ Council” substitute “Passengers’ Council”.

(4) In section 19A (power to confer non-rail functions on the Rail Passengers’ Council)(17)—

(a)for “Rail Passengers’ Council” (in each place) substitute “Passengers’ Council”; and

(b)in the heading, for “Rail Passengers’ Council” substitute “Passengers’ Council”.

(5) In the heading to Part 3, for “Rail Passengers’ Council” substitute “Passengers’ Council”.

(6) In paragraph 32 of Schedule 1 (transfer of functions relating to the Rail Passengers’ Council)—

(a)in sub-paragraph (1), for “Rail Passengers’ Council” substitute “Passengers’ Council”; and

(b)in the heading to paragraph 32, for “Rail Passengers’ Council” substitute “Passengers’ Council”.

(7) In Schedule 5 (Rail Passengers’ Council established by section 19(1))—

(a)in paragraph 1 (introductory), for the definition of “the RPC” substitute—

“the PC” means the Passengers’ Council established by section 19(1).;

(b)for “RPC” (in each place) substitute “PC”; and

(c)in the heading to Schedule 5, for “Rail Passengers’ Council” substitute “Passengers’ Council”.

(8) In paragraph 3(2)(g) of Schedule 7 (consultations under Part 4), for “Rail Passengers’ Council” substitute “Passengers’ Council”.

PART 2AMENDMENTS TO SECONDARY LEGISLATION

Welsh Language Schemes (Public Bodies) Order 2002

10.  In the Schedule to the Welsh Language Schemes (Public Bodies) Order 2002(18) for “Rail Passengers Council” substitute “Passengers’ Council”.

Railways (Rail Passengers’ Council and Rail Passengers’ Committees) (Exemptions) Order 2003

11.  In article 3 of the Railways (Rail Passengers’ Council and Rail Passengers’ Committees) (Exemptions) Order 2003(19) (exemption in favour of the Rail Passengers’ Council), for “Rail Passengers’ Council” substitute “Passengers’ Council”.

Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005

12.  In Part 5 of Schedule 1 to the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005(20) (authorities added on 6th April 2007), for “Passenger Focus (the operating name of the Rail Passengers’ Council(21) established under the Railways Act 2005)” substitute “Passenger Focus (the operating name of the Passengers’ Council established under the Railways Act 2005)”.

Railway (Licensing of Railway Undertakings) Regulations 2005

13.  In regulation 17(1) of the Railway (Licensing of Railway Undertakings) Regulations 2005(22) (general duties of the Rail Passengers’ Council), for “Rail Passengers’ Council” substitute “Passengers’ Council”.

Railways and Other Guided Transport Systems (Safety) Regulations 2006

14.  In regulation 17(10)(a)(iii) of the Railways and Other Guided Transport Systems (Safety) Regulations 2006(23) (general provisions relating to safety certificates and safety authorisations), for “Rail Passengers’ Council” substitute “Passengers’ Council”.

Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

15.  In column 2 of entry 23 of the table in Schedule 5 to the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006(24) (those to be served with a copy of the application and documents), for “Rail Passengers’ Council” substitute “Passengers’ Council”.

National Assembly for Wales (Disqualification) Order 2006

16.  In Part 2 of the Schedule to the National Assembly for Wales (Disqualification) Order 2006(25) (other disqualifying offices), for “Chairman and any other member of the Rail Passengers’ Council in receipt of remuneration;” substitute “Chairman and any other member of the Passengers’ Council in receipt of remuneration;”.

Scottish Parliament (Disqualification) Order 2007

17.  In Part 1 of the Schedule to the Scottish Parliament (Disqualification) Order 2007(26) (office-holders disqualified from being a Member of the Scottish Parliament) omit “Chairman and any other member of a Rail Passengers’ Council in receipt of remuneration” and insert, at the appropriate place in alphabetical order, “Chairman and any other member of a Passengers’ Council in receipt of remuneration”.

Official Statistics Order 2009

18.  In the Schedule to the Official Statistics Order 2009(27) omit “Rail Passengers Council” and insert, in the appropriate place in alphabetical order, “Passengers’ Council”.

Infrastructure Planning (National Policy Statement Consultation) Regulations 2009

19.—(1) Regulation 3 of the Infrastructure Planning (National Policy Statement Consultation) Regulations 2009(28) (consultation) is amended as follows.

(2) In Table 1—

(a)in column 1, for “Rail Passengers Council” substitute “Passengers’ Council”; and

(b)in column 2, at the end of the entry which corresponds to the entry in column 1 for the Rail Passengers Council insert “or the road passenger transport industry”.

Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

20.—(1) The table in Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(29) is amended as follows.

(2) In column 1, for “Rail Passengers Council” substitute “Passengers’ Council”;

(3) In column 2, at the end of the entry which corresponds to the entry in column 1 for the Rail Passengers Council insert “or road passenger transport services or facilities”.

(4) In column 3, at the end of the entry which corresponds to the entry in column 1 for the Rail Passengers Council insert “or road passenger transport services or facilities”.

(1)

These words were inserted by the Transport Act 2000, section 229 and Schedule 23, paragraph 10.

(2)

These words were substituted by the Transport Act 2000, section 227 and Schedule 22, Part 2, paragraphs 15(1), (2)(a) and (b) and (4)(b). The words “Each of the Rail Passengers’ Council and the London Transport Users’ Committee” were substituted by the Railways Act 2005, section 59(1) and Schedule 12, paragraph 1(1) and (3)(d).

(3)

Schedule 2 was substituted by S.I. 2008/3115, article 2 and the Schedule.

(4)

These words were substituted by the Transport Act 2000, section 227 and Schedule 22, Part 2, paragraph 17.

(5)

These words were substituted by the Transport Act 2000, section 227 and Schedule 22, Part 2, paragraph 20.

(6)

These words were substituted by the Railways Act 2005, section 21(2).

(7)

These words were substituted by the Transport Act 2000, section 227 and Schedule 22, Part 1, paragraphs 1 and 8.

(8)

The words “Rail Passengers’ Council” were substituted by the Transport Act 2000, section 227, Schedule 22, Part 1, paragraphs 1 and 8(1) and (9).

(9)

These words were substituted by the Transport Act 2000, section 227 and Schedule 22, Part 1, paragraphs 1 and 8(1) and (10).

(10)

Section 76A was inserted by the Railways Act 2005, section 20.

(11)

These words were substituted by the Railways Act 2005, section 54(4) and Schedule 11, paragraphs 1 and 16(2).

(12)

Section 252B was inserted by the Railways Act 2005, section 21(3) and Schedule 6, paragraph 3.

(13)

Section 252D was inserted by the Railways Act 2005, section 21(3) and Schedule 6, paragraph 3.

(14)

Section 252E was inserted by the Railways Act 2005, section 21(3) and Schedule 6, paragraph 4(1).

(15)

These words were substituted by the Transport Act 2000, section 227 and Schedule 22, Part 2, paragraphs 21 and 24.

(16)

This subsection was amended by the Railways Act 2005, section 59(6) and Schedule 13, Part 1.

(17)

Section 19A was inserted by the Local Transport Act 2008, section 74.

(19)

S.I. 2003/1695. There are amendments to this Order but none is relevant.

(20)

S.I. 2005/2966. Part 5 of Schedule 1 was inserted by S.I. 2007/618, regulation 4. There are other amendments to these Regulations but none is relevant.

(21)

With the consent of the Secretary of State, the Rail Passengers’ Council adopted the operating name “Passenger Focus” in January 2006.

(22)

S.I. 2005/3050. There are amendments to these Regulations but none is relevant.

(23)

S.I. 2006/599. There are amendments to these Regulations but none is relevant.

(25)

S.I. 2006/3335. There are amendments to this Order but none is relevant.

(26)

S.I. 2007/285. There are amendments to this Order but none is relevant.

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