SCHEDULES

SCHEDULE 27 Minor and consequential amendments about railways

Section 252.

Transport Act 1962 (c.46)

I11

1

Section 43 of the Transport Act 1962 (charges and facilities) is amended as follows.

2

In subsections (1) and (2), for “Boards” substitute “ British Waterways Board or the Strategic Rail Authority ”.

3

In subsection (3), for “Boards” substitute “ British Waterways Board and the Strategic Rail Authority ”.

4

In subsection (4), for “The Boards shall not” substitute “ Neither the British Waterways Board nor the Strategic Rail Authority shall ”.

5

In subsection (5), insert at the end “ or the Strategic Rail Authority ”.

6

In subsection (6), for “None of the Boards” substitute “ Neither the British Waterways Board nor the Strategic Rail Authority ”.

Transport Act 1968 (c.73)

I22

The Transport Act 1968 has effect subject to the following amendments.

I33

1

Section 10(1) (general powers of Passenger Transport Executives) is amended as follows.

2

In paragraph (vi), for the words from “the Railways Board” to “may be)” substitute “ the Strategic Rail Authority or any wholly-owned subsidiary of the Strategic Rail Authority in respect of railway passenger services provided ”.

3

After that paragraph insert—

(viza) to enter into agreements with the Strategic Rail Authority under which the Executive make payments to the Strategic Rail Authority in respect of the cost incurred by it in securing the provision of a bus substitution service (within the meaning of the M1Railways Act 1993) between places in that area or between such places and places outside that area but within the permitted distance for the purposes of paragraph (ii) of this subsection;

I44

In section 15(1)(d) (approval of agreements), for the words from “the Railways Board” to “the wholly-owned subsidiary” substitute “ the Strategic Rail Authority or a wholly-owned subsidiary of the Strategic Rail Authority for the provision ”.

I55

1

Section 20 (securing provision of railway services for passenger transport area) is amended as follows.

2

In subsection (2), for the words from “and subject” to “services as the Authority” substitute “ , 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 ”.

3

In subsection (3), for “The Railways Board” substitute “ The Strategic Rail Authority ”.

4

In subsection (4), for the words from “the Railways Board” to “the subsidiary” substitute “ the Strategic Rail Authority or a wholly-owned subsidiary of the Strategic Rail Authority in respect of the railway passenger services provided ”.

5

In subsection (6)—

a

for the words from “the Railways Board” to “that Board” substitute “ the Strategic Rail Authority or any wholly-owned subsidiary of the Strategic Rail Authority ”, and

b

for “the Board or the subsidiary” substitute “ the Strategic Rail Authority or the subsidiary ”.

British Railways Act 1969 (c.xliii)

I66

In section 22 of the British Railways Act 1969 (misuse of telephones at level crossings)—

a

for “Board” substitute “ a successor of the Board ”, and

b

insert at the end “ ; and in this section “successor of the Board” has the same meaning as “successor of the British Railways Board” has in the M2Railways Act 1993 (Consequential Modifications) (No.2) Order 1999. ”

House of Commons Disqualification Act 1975 (c.24)

I77

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), insert (at the appropriate place in alphabetical order)—

Member of the London Transport Users’ Committee in receipt of remuneration.

British Railways Act 1977 (c.xvii)

I88

1

Section 13 of the British Railways Act 1977 (fines and penalties) is amended as follows.

2

In subsection (1), for “the Board, to any railway of the Board” substitute “ a successor of the Board, to any railway of a successor of the Board ”.

3

After that subsection insert—

1A

In subsection (1) of this section “successor of the Board” has the same meaning as “successor of the British Railways Board” has in the M3Railways Act 1993 (Consequential Modifications) (No.2) Order 1999.

Transport Act 1980 (c.34)

I99

Part III of the Transport Act 1980 (railway pensions) has effect subject to the following amendments.

I1010

In section 52A(13) (provisions for final discharge of Secretary of State not to affect liability of Board in respect of relevant pension obligations), for “Board” substitute “ Authority ”.

I1111

In section 52B(10) (provisions for substitution order not to affect liability of Board in respect of relevant pension obligations), for “Board” substitute “ Authority ”.

I1212

1

Section 53 (meaning of “relevant pension obligations”) is amended as follows.

2

In subsection (1)—

a

for “Board which were owed” substitute “ Authority which were owed by the Board ”, and

b

for “Board arising after the operative date” (in both places) substitute “ Authority which arose as an obligation of the Board after the operative date or was never an obligation of the Board ”.

3

In subsection (4), for “Board” (in each place) substitute “ Authority ”.

I1313

In section 60(1) (interpretation), before the definition of “the Board” insert—

“the Authority” means the Strategic Rail Authority;

Transport Act 1985 (c.67)

I1414

In section 6(1) of the Transport Act 1985 (registration of local services), for “Railways Board or the Director of Passenger Rail Franchising (under section 4A of the 1962 Act)” substitute “ Strategic Rail Authority (under section 214 of the Transport Act 2000) ”.

Channel Tunnel Act 1987 (c.53)

I1515

In paragraph 5 of Schedule 6 to the Channel Tunnel Act 1987 (application of offence provisions), for “the Railways Board” substitute “ a successor of the British Railways Board within the meaning of the M4Railways Act 1993 (Consequential Modifications) (No.2) Order 1999 ”.

Heathrow Express Railway Act 1991 (c.vii)

16

In section 41(1) of the Heathrow Express Railway Act 1991 (provisions which do not apply to services and facilities provided on Heathrow Express lines or at Heathrow Express stations), after “1968” insert “ and sections 76 and 77 of the M5Railways Act 1993 ”.

Railways Act 1993 (c.43)

I1617

The Railways Act 1993 has effect subject to the following amendments.

I1718

In section 7 (licence exemptions), omit subsection (10) (limit on grant of licence exemption by Secretary of State).

I1819

In section 9 (licence conditions), after subsection (3) insert—

3A

Conditions included in a licence by virtue of subsection (1)(a) above may include provision about any matter which is dealt with (whether in the same or a different manner) by an access agreement.

I1920

1

Section 13 (modification references to Competition Commission) is amended as follows.

2

In subsection (8)(c)(i), for “Director” substitute “ Regulator ”.

3

In subsection (8A)(a)—

a

for “and 85” substitute “ , 85 ”, and

b

after “documents)” insert “ and 93B (false or misleading information) ”.

I2021

In section 17 (directions requiring facility owners to enter into contracts for use of their railway facilities), after subsection (7) insert—

7A

Any reference in this section to obtaining permission to use a railway facility includes, where the facility is track, permission to connect other track to it.

I2122

In section 18(9) (access contracts requiring approval of Regulator), after paragraph (a) insert—

aa

subsection (7A),

I2223

1

Section 20 (exemption of railway facilities from sections 17 and 18) is amended as follows.

2

In subsections (1), (3) and (13), after “above” insert “ and section 22A below ”.

3

In subsection (2), omit the words following paragraph (b).

4

In the sidenote, for “and 18” substitute “ , 18 and 22A ”.

I2324

1

Section 27 (transfer of franchise assets and shares) is amended as follows.

2

In subsection (8), for “transfer scheme” substitute “ a scheme under Schedule 21 to the Transport Act 2000 ”.

3

In subsection (9), for “Part II below” substitute “ Schedule 21 to the Transport Act 2000 ”.

I2425

1

Section 34 (Passenger Transport Authorities and Executives: franchising) is amended as follows.

2

In subsections (1) and (3), for “Board” (in both places) substitute “ Authority ”.

3

In subsection (22), in the definition of “section 20(2) agreement”, for the words from “has” to the end substitute “ means an agreement made between the Authority and a Passenger Transport Executive pursuant to section 20(2)(b) of the M6Transport Act 1968. ”

I2526

1

Section 35 (termination and variation of section 20(2) agreements) is amended as follows.

2

In subsection (1), for “Board” (in both places) substitute “ Authority ”.

3

In subsection (10), for “section 33” substitute “ section 34 ”.

I2627

In section 45(2)(b) (closure conditions: general), for the words from “a bus substitution service” to the end substitute “ an alternative service for the carriage of passengers by road (in this Part referred to as a “bus substitution service”) ”.

I2728

1

Section 46 (variation of closure conditions) is amended as follows.

2

In subsection (1)—

a

after “may” insert “ , subject to subsection (1A), ”, and

b

omit the words from “other than” to “1985)”.

3

After that subsection insert—

1A

The Secretary of State may not vary or revoke a condition imposed under Schedule 5 to this Act.

1B

The Secretary of State may only—

a

revoke a condition requiring the Authority to secure the provision of a bus substitution service, or

b

vary such a condition so as to permit the Authority to withdraw the service from any locality or point,

in accordance with section 47B below.

I2829

In section 54(3) (exercise of franchising functions for encouraging investment), in paragraph (b) of the definition of “franchising functions”, for the words from “Part II” to “those sections” substitute “ Schedule 21 to the Transport Act 2000 ”.

I2930

1

Section 55 (orders for securing compliance) is amended as follows.

2

In subsection (1), for “(5)” substitute “ (5B) ”.

3

In subsections (2) and (4), for “subsection (5)” substitute “ subsections (5) to (5B) ”.

4

In subsection (5)(a), for “or, as the case may be, section 5 above” substitute “ above or, as the case may be, section 207 of the Transport Act 2000 ”.

5

Omit subsection (12).

I3031

In the sidenote for section 56 insert at the end “ for section 55 orders ”.

I3132

1

In section 57 (validity and effect of orders) is amended as follows.

2

In subsection (2), omit paragraph (b).

3

After that subsection insert—

2A

If such an application is made in relation to a provision of an order requiring the payment of a sum in the event of a contravention and the sum would be payable before the time when the application is determined, it need not be paid until that time.

2B

Where such an application is so made the court, if satisfied as mentioned in subsection (2) above, may (instead of quashing the order or the provision of the order) make provision under either or both of paragraphs (a) and (b) of subsection (2C) below.

2C

The provision referred to in subsection (2B) above is—

a

provision substituting for the sum, or provision for determining a sum, specified in the order such lesser sum, or such other provision for determining a sum, as the court considers appropriate in all the circumstances of the case; and

b

provision substituting for the date by which the sum is to be paid specified in or determined in accordance with the order such later date as the court considers appropriate in all the circumstances of the case.

2D

Where the court substitutes a lesser sum, or different provision for determining a sum, it may require the payment of interest on the new sum at such rate, and from such date, as it determines; and where it specifies as the date by which the sum is to be paid a date before the determination of the application it may require the payment of interest on the sum from that date at such rate as it determines.

4

In subsection (9), for “section 58” substitute “ sections 57F and 58 ”.

5

In the sidenote, after “of” insert “ section 55 ”.

I3233

1

Section 58 (power to require information) is amended as follows.

2

In subsection (1)—

a

for the words from “may be” to “requirement, the” substitute

may have contravened or be contravening—

a

a relevant condition or requirement, or

b

a final or provisional order made by the appropriate authority,

the

b

after “55” insert “ or 57A ”.

3

In the sidenote insert at the end “ for purposes of sections 55 and 57A ”.

I3334

In section 60(5)(c) (effect of petition for railway administration order), after “55” insert “ or 57A ”.

I3435

In section 67(6)(b) (references made to the Competition Commission), for “Board” (in both places) substitute “ Authority ”.

I3536

1

Section 72(2) (matters to be entered in register maintained by Regulator) is amended as follows.

2

In paragraph (a) (provisions about licences), after sub-paragraph (viii) (inserted by Schedule 17) insert—

ix

every penalty imposed by the Regulator under section 57A above;

x

every statement of policy published by the Regulator under that section;

3

In paragraph (b) (provisions about access agreements), after sub-paragraph (v) insert—

va

every direction under section 22A above;

vb

every notice given by or to the Regulator or the Competition Commission under Schedule 4A to this Act;

I3637

1

Section 73(2) (matters to be entered in register by Authority) is amended as follows.

2

In paragraph (d) (amendments of franchise agreements), insert at the end “ other than any which are not likely to have a material effect on the provision of services under the agreement or on any sums payable under the agreement. ”

3

After paragraph (e) insert—

f

every penalty imposed by the Authority under section 57A above;

g

every statement of policy published by the Authority under that section;

I3738

In section 80 (furnishing of information to Authority)—

a

in subsection (1), for the words from the beginning to the end of paragraph (c) substitute “ Licence holders ” and insert at the end “ or the Transport Act 2000 ”, and

b

omit subsection (6).

I3839

1

Section 83 (interpretation) is amended as follows.

2

For the definition of “appropriate officer” in subsection (1) substitute—

“appropriate authority” has the meaning given by section 55(10) above;

3

After that definition insert—

  • “bus substitution service” has the meaning given by section 45(2)(b) above;

4

After the definition of “station services” in that subsection insert—

“through ticket” means—

a

a ticket which is valid for a journey which involves use of the services of more than one passenger service operator; or

b

a combination of two or more tickets issued at the same time which are between them valid for such a journey;

and “through ticketing” shall be construed accordingly;

5

After subsection (2) insert—

3

For the purposes of this Part, references to a condition of a licence or licence exemption which relates, or does not relate, to consumer protection shall be construed in accordance with section 7A above.

I3940

1

Section 135 (concessionary travel) is amended as follows.

2

In subsection (6)(a), for “(5)” substitute “ (4) ”.

3

In subsection (9), for “subsections (4) and (5) above are” substitute “ subsection (4) above is ”.

I4041

1

Section 145 (restrictions on disclosure of information) is amended as follows.

2

In subsection (2)(a), insert at the end “ or the Transport Act 2000 ”.

3

After subsection (5) insert—

5A

Subsection (1) above does not prevent the transfer of records in accordance with section 3(4) of the M7Public Records Act 1958.

I4142

1

Section 150(1) (Crown application) is amended as follows.

2

In paragraph (a), for “22” substitute “ 22C ”.

3

In paragraph (b), for “55 to 58, except sections 55(8) and 58(4) and (5);” substitute “ 55(1) to (7) and (9) to (11), sections 56 and 57 and section 58(1) to (3), (6) and (7); ”.

I4243

In section 151(1) (interpretation), insert at the appropriate place—

“the Authority” means the Strategic Rail Authority;

I4344

1

Section 154(3) (extent) is amended as follows.

2

For paragraph (a) substitute—

a

section 36(1), (4) and (5);

3

For paragraph (c) substitute—

c

sections 124 and 129(3);

I4445

In paragraph 4 of Schedule 1 (official seal), for “their respective” substitute “ his ”.

I4546

In paragraph 6(2)(a) of Schedule 2 (information disclosed in confidence by Franchising Director to rail users’ consultative committee), for “Franchising Director” substitute “ Authority ”.

I4647

In paragraph 6(2)(a) of Schedule 3 (information disclosed in confidence by Franchising Director to Central Rail Users’ Consultative Committee), for “Franchising Director” substitute “ Authority ”.

I4748

In paragraph 2 of Schedule 6 (effect of administration order), after “55” insert “ or 57A ”.

I4849

1

Schedule 11 (pensions) is amended as follows.

2

In paragraph 1(1) (interpretation), in paragraph (a) of the definition of “eligible persons”—

a

after “of the Board,” insert—

ia

the Authority or any subsidiary of the Authority,

and

b

for “franchise company” substitute “ body corporate which is, or is to be, the franchisee or the franchise operator under a franchise agreement ”.

3

In paragraphs 3(4) and 4(5), for “after consultation with” substitute “ with the consent of ”.

4

In paragraph 10(15), for “Board” (in both places) substitute “ Authority ”.

5

In paragraph 11(10), in the definition of “relevant employer” insert at the end—

d

the Authority; or

e

a wholly owned subsidiary of the Authority.

Finance Act 1994 (c.9)

50

1

Schedule 24 to the Finance Act 1994 is amended as follows.

2

In paragraph 15(11) (trading losses), after paragraph (b) insert—

ba

a wholly owned subsidiary of the Strategic Rail Authority;

3

In paragraph 19(5) (leased assets: special cases), after paragraph (b) insert—

ba

the Strategic Rail Authority,

bb

a wholly owned subsidiary of the Strategic Rail Authority,

Railway Heritage Act 1996 (c.42)

I4951

The Railway Heritage Act 1996 has effect subject to the following amendments.

I5052

In section 2 (establishment of committee), for “Board” (in each place) substitute “ Authority ”.

I5153

In section 4(6)(b) (notice of proposed disposal), for “Part II of the Railways Act 1993” substitute “ the Transport Act 2000 ”.

Greater London Authority Act 1999 (c.29)

I5557

The Greater London Authority Act 1999 has effect subject to the following amendments.

I5658

In section 179(3) (service provided in pursuance of agreement under section 4A of the M9Transport Act 1962 not a London local service), for the words from “Railways Board” to “1962” substitute “ Strategic Rail Authority, entered into under section 214 of the Transport Act 2000 ”.

I5759

In section 209(1) (amendments about the Croydon Tramlink), for “(9)” substitute “ (10) ”.

I5860

In section 247(2) (consultation with Regulator about appointments to London Transport Users’ Committee), for “Rail Regulator” substitute “ Strategic Rail Authority ”.

I5961

In section 250(2) (annual report of London Transport Users’ Committee to Assembly and Rail Regulator), for “Rail Regulator” substitute “ Strategic Rail Authority ”

I6062

1

Schedule 18 (London Transport Users’ Committee) is amended as follows.

2

In paragraph 1, after “chairman” insert “ and other members ” and, in the heading preceding that paragraph, after “Chairman” insert “ and other members ”.

3

In paragraph 2, for “above,” substitute “ above as chairman, ”.

4

In paragraph 3, after “chairman” insert “ or another member ”.

5

In paragraphs 9 and 11(3), for “Rail Regulator” substitute “ Strategic Rail Authority ”.

6

In paragraph 15(2)(a), for “Franchising Director” substitute “ Strategic Rail Authority ”.

7

Omit paragraph 17.

Railways Act 1993 (Consequential Modifications) (No.2) Order 1999 (S.I.1999/1998)

I6163

In article 3(1) of the M10Railways Act 1993 (Consequential Modifications) (No.2) Order 1999 (amendment of British Transport Commission Act 1949), for “include” substitute “ have effect as ”.