Transport Act 2000 (c. 38)

SCHEDULES

SCHEDULE 17 U.K. Transfers to SRA from Rail Regulator

Part III U.K. Associated property, rights and liabilities

Transfer schemes E+W+S

31 (1) The Secretary of State may make one or more schemes for the transfer to the Authority of such of the property, rights and liabilities of the [F1 Office of Rail Regulation] (including any rights and liabilities relating to staff appointed by him) as the Secretary of State considers appropriate in consequence of the transfers of functions effected by Parts I and II of this Schedule. E+W+S

(2) In this Part of this Schedule “transfer scheme” means a scheme under this paragraph.

Textual Amendments

F1 Words in Sch. 17 Pt. III substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(t)(v); S.I. 2004/827, art. 4(g)

Contents of transfer scheme E+W+S

32 (1) The property, rights and liabilities which may be transferred by a transfer scheme include property, rights and liabilities that would not otherwise be capable of being transferred or assigned. E+W+S

(2) The transfers authorised by sub-paragraph (1) include transfers which are to take effect as if there were no such contravention, liability or interference with any interest or right as there would otherwise be by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

33 E+W+S A transfer scheme may define the property, rights and liabilities to be transferred to the Authority by specifying them or describing them or by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the [F1 Office of Rail Regulation] (or partly in one way and partly in the other).

Textual Amendments

F1 Words in Sch. 17 Pt. III substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(t)(v); S.I. 2004/827, art. 4(g)

34 E+W+S A transfer scheme may contain provision—

(a) for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the [F1 Office of Rail Regulation],

(b) for the creation in favour of the Authority of an interest in or right over, property retained by the [F1 Office of Rail Regulation],

(c) for the creation of rights and liabilities as between the Authority and the [F1 Office of Rail Regulation], or

(d) for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against the Authority.

Textual Amendments

F1 Words in Sch. 17 Pt. III substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(t)(v); S.I. 2004/827, art. 4(g)

35 E+W+S A transfer scheme may make such supplementary, incidental and consequential provision as the Secretary of State considers appropriate.

Effect of transfer scheme E+W+S

36 E+W+S On the date appointed by a transfer scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this paragraph, be transferred in accordance with the provisions of the scheme.

37 E+W+S Nothing in this Part affects the validity of anything done by or in relation to the [F1 Office of Rail Regulation] in connection with anything transferred under a transfer scheme.

Textual Amendments

F1 Words in Sch. 17 Pt. III substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(t)(v); S.I. 2004/827, art. 4(g)

38 E+W+S There may be continued by or in relation to the Authority anything (including legal proceedings) relating to anything transferred by a transfer scheme which is in the process of being done by or in relation to the [F1 Office of Rail Regulation] immediately before it is transferred.

Textual Amendments

F1 Words in Sch. 17 Pt. III substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(t)(v); S.I. 2004/827, art. 4(g)

39 E+W+S Anything done by the [F1 Office of Rail Regulation] for the purpose of or in connection with anything transferred by a transfer scheme which is in effect immediately before it is transferred shall be treated as if done by the Authority.

Textual Amendments

F1 Words in Sch. 17 Pt. III substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(t)(v); S.I. 2004/827, art. 4(g)

40 E+W+S The Authority shall be substituted for the [F1 Office of Rail Regulation] in documents and legal proceedings relating to anything transferred by a transfer scheme.

Textual Amendments

F1 Words in Sch. 17 Pt. III substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(t)(v); S.I. 2004/827, art. 4(g)

Transfer of employees U.K.

41 (1) This paragraph applies where a person employed in the civil service of the state becomes an employee of the Authority under a transfer scheme. U.K.

(2) For the purposes of the M1 Employment Rights Act 1996—

(a) his period of employment in the civil service of the state counts as a period of employment with the Authority, and

(b) the change of employment does not break the continuity of the period of employment.

Marginal Citations

M1 1996 c. 18.

Modification of transfer scheme E+W+S

42 (1) If at any time after a transfer scheme has come into force the Secretary of State considers it appropriate to do so, he may by order provide that the scheme shall for all purposes be deemed to have come into force with such modifications, other than modifications relating to the transfer of rights and liabilities under a contract of employment, as may be specified in the order. E+W+S

(2) An order under sub-paragraph (1) may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme, and in connection with giving effect to that provision from that time may contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

(3) An order under sub-paragraph (1) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Provision of information to Secretary of State E+W+S

43 E+W+S The [F1 Office of Rail Regulation] shall provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of or in connection with the exercise of any of the powers conferred on him by this Part of this Schedule.

Textual Amendments

F1 Words in Sch. 17 Pt. III substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(t)(v); S.I. 2004/827, art. 4(g)

Consultation E+W+S

44 E+W+S Before making a transfer scheme, or an order modifying such a scheme, the Secretary of State shall consult the [F1 Office of Rail Regulation] and the Authority.

Textual Amendments

F1 Words in Sch. 17 Pt. III substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), Sch. 2 para. 19(t)(v); S.I. 2004/827, art. 4(g)