Transport Act 2000

Transport Act 2000

2000 CHAPTER 38

Commentary on Sections

Part IV: Railways

Chapter Ii: Other Provisions about Railways

Section 246 to 251: Miscellaneous

255. PTEs may make statements to the Authority under section 34(5) of the 1993 Act specifying their passenger service requirements in their area.

256. Section 246 provides that the Authority must not, without a direction from the Secretary of State under section 34(18) of the 1993 Act, carry out the requirements in the statement if it would prevent or seriously hinder the Authority from complying with directions and guidance given by the Secretary of State or Scottish Ministers or from complying with their financial framework. The Authority need not comply with the statement if it would have an adverse effect on the provision of railway passenger or goods services or, unless there are special reasons for doing so, increase the amounts which the Authority must pay to franchise operators. Should there be a dispute between the PTE and the Authority on the statement, the Secretary of State has the power to resolve the dispute.

257. Section 247 will allow for the transposition of the EU Directive on the interoperability of the trans-European high-speed rail network. The Directive came into force in 1996. The section will also allow for the transposition of a similar Directive relating to the conventional rail network which is currently under discussion. The power is given to the Secretary of State to make regulations to cover the technical specifications which will be issued under the Directive.

258. Section 248 places a new obligation on railway passenger operators to ensure that any road services that are provided in substitution for railway services during periods of rail disruption are such as to allow disabled passengers to undertake their journeys in safety and reasonable comfort. The Secretary of State may, after consultation with the Disabled Persons Transport Advisory Committee, make exemptions from this requirement..

259. Section 249 gives powers to the Scottish Ministers and the NAW to provide financial assistance for freight in Scotland and Wales. These powers must be exercised in accordance with schemes which have been notified to them by the Authority.

260. Section 250 and Schedule 26 makes provision for the consequences for taxation of the various transfers and transfer schemes for which the Act provides.

261. Section 251 abolishes the requirements for certain Treasury approvals for the remuneration of the Rail Regulator’s officials and chairman and members of the rail users’ consultative bodies.