Part IIU.K. [F1Integrated Transport Areas and Passenger Transport Areas]

Textual Amendments

Modifications etc. (not altering text)

C2Power to modify Pt. 2 conferred (S.) by Local Government (Scotland) Act 1973 (c. 65), s. 150(3)

C3Pt.2 amended (S.) (4.1.1996) by 1994 c. 39, s. 40(1) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

Reorganisation of passenger transport in [F2Integrated Transport Areas or] Passenger Transport AreasE+W

Textual Amendments

F2Words in s. 20 cross-heading inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), s. 134(4), Sch. 4 para. 11(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1

20 Special duty of certain Executives with respect to railway passenger services. E+W+S

F3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F4[F5Without prejudice to their [F6duty under section 9A(3)] of this Act,] it shall be the special duty of the Executive for [F7an integrated transport area ] [F8, a combined authority area] or a [F9passenger transport] area ... —

(a)to F10... keep under review, the railway passenger services provided [F11by passenger service operators (within the meaning of Part I of the Railways Act 1993)] for meeting the needs of persons travelling between places in that area or between such places and places outside that area but within the permitted distance F12... [F13and

(b)without prejudice to the general powers of the Executive under section 10 of this Act [F14, to enter into such agreements with the Strategic Rail Authority or any wholly-owned subsidiary of the Strategic Rail Authority as the Passenger Transport Authority for that area may approve for securing the provision of such railway passenger services as the Passenger Transport Authority] [F15consider it appropriate to secure to meet any public transport requirements within that area].]

[F16(2A)For the purposes of subsection (2)(a) “permitted distance”, in relation to an integrated transport area, a combined authority area [F17, a combined county authority area] or a passenger transport area, means the distance of 25 miles from the nearest point on the boundary of that area.]

(3)[F18[F19The Strategic Rail Authority] shall furnish the Executive with any information which the Executive may reasonably require for the purposes of the discharge of their functions under subsection (2) of this section.]

(4)[F20Without prejudice to the general power of the Executive under section 10(1)(vi) of this Act, any agreement under this section may include provision for the making of payments by the Executive to [F21the Strategic Rail Authority or a wholly-owned subsidiary of the Strategic Rail Authority in respect of the railway passenger services provided] in pursuance of the agreement.]

(5)[F20Before entering into any agreement under this section, the Executive shall send a copy of the proposed agreement to the Minister; but a failure to comply with this subsection shall not affect the validity of the agreement.]

(6)[F20If any dispute arises between the Executive and [F22the Strategic Rail Authority or any wholly-owned subsidiary of the Strategic Rail Authority] in connection with the provisions of subsection (2) or (3) of this section, either of them may require the dispute to be referred to the Minister for determination, and any agreement under the said subsection (2) may include provision for any dispute in connection with the agreement to be so referred; and where any dispute is referred to the Minister under or by virtue of this subsection, then, subject to subsection (7) of this section, the Minister may give such directions to the Executive and [F23the Strategic Rail Authority or the subsidiary] with respect to the dispute as he thinks fit.]

(7)[F20Before giving any directions under subsection (6) of this section to the Executive for a [F9passenger transport] area in Scotland or Wales the Minister shall consult with the Secretary of State.]

F24(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Words in s. 20(2) repealed (24.7.2005 for E.W.) by Railways Act 2005 (c. 14), s. 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F11Words in s. 20(2) inserted (1.4.1994) by 1993 c. 43, s. 36(3); S.I. 1994/571, art. 5 (with art. 7)

F12Words in s. 20(2)(a) omitted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 4(2); S.I. 2015/994, art. 11(o)

F13S. 20(2)(b) and preceding word repealed (24.7.2005 for E.W.) by Railways Act 2005 (c. 14), ss. 14(1)(b), 60(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F14Words in s. 20(2)(b) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 5(2); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F16S. 20(2A) inserted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 4(3); S.I. 2015/994, art. 11(o)

F19Words in s. 20(3) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 5(3); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F21Words in s. 20(4) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 5(4); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 PT. II)

F22Words in s. 20(6) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 5(5)(a); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

F23Words in s. 20(6) substituted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 5(5)(b); S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

Modifications etc. (not altering text)

C5S. 20 excluded (24.12.1993) by 1993 c. 43, ss. 144(1), 150(1)(j); S. I. 1993/3237, art. 2(1)

C6S. 20 extended (E.W.S.) by Transport Act 1985 (c. 67, SIF 126), s. 57(3)