Railways Act 2005

Transfer of functions relating to maintenance of register

30 (1) In section 73 of the 1993 Act (register maintained by the SRA), for “Authority”, wherever occurring, substitute “Secretary of State”.

(2) In subsection (1) of that section, for “it” substitute “he”.

(3) In subsection (2) of that section—

(a) for the words from “subsection (3)” to “subsection (4)” substitute “subsections (3) and (4)”;

(b) after “in the register” insert “(except so far as they are required to be entered in the register maintained under section 73A below)”;

(c) in paragraph (e) for “it”, in each place, substitute “he”; and

(d) after paragraph (g) insert—

“(ga) every designation under section 23 and every variation or revocation of such a designation;”.

(4) For subsection (3) of that section substitute—

“(3) The Secretary of State may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as he considers it appropriate to exclude for the purpose of maintaining the confidentiality of—

(a) matters relating to the affairs of an individual the publication of which would or might, in the Secretary of State’s opinion, seriously and prejudicially affect the interests of that individual; and

(b) matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Secretary of State’s opinion, seriously and prejudicially affect the interests of that body.”

(5) In subsection (4) of that section, for the words from “or” to “Authority” substitute “he may decide”.

(6) Subsections (5) and (6) of that section shall cease to have effect.

(7) In subsection (7) of that section—

(a) after “by”, where first occurring, insert “the Scottish Ministers or”; and

(b) for “the Office of Rail Regulation may” substitute “the Scottish Ministers and the Office of Rail Regulation may each”.