Railways Act 2005 (c. 14)

SCHEDULES

SCHEDULE 1 E+W+S Transfer etc. of functions of the Strategic Rail Authority

Part 1 E+W+S Transfer and abolition of functions

Transfer of functions relating to maintenance of register E+W+S

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

(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 ”.

Commencement Information

I1 Sch. 1 para. 30(1)(2) in force at 24.7.2005 by S.I. 2005/1909, art. 2, Sch.

I2 Sch. 1 para. 30(3)(a)(c)(d) in force at 24.7.2005 by S.I. 2005/1909, art. 2, Sch.

I3 Sch. 1 para. 30(3)(b) in force at 16.10.2005 by S.I. 2005/2812, art. 2(1), Sch. 1

I4 Sch. 1 para. 30(4)-(7) in force at 24.7.2005 by S.I. 2005/1909, art. 2, Sch.

31 E+W+S After that section insert—

“73A Keeping of register by the Scottish Ministers

(1) The Scottish Ministers must maintain a register.

(2) The register must be kept in such form and at such premises as the Scottish Ministers determine.

(3) Subject to subsections (4) and (5) below, the Scottish Ministers must cause the provisions of each of the following to be entered in the register—

(a) every designation made by them under section 23 of this Act, and every variation or revocation of such a designation;

(b) every franchise exemption granted by them;

(c) every franchise agreement to which they are a party;

(d) every amendment of such a franchise agreement, other than those that are unlikely to have a material effect on the provision of services under the agreement or on the sums payable under it;

(e) every determination made by them under section 34 of the Railways Act 2005 that a closure is a minor modification or that closures of a particular description are minor modifications;

(f) every revocation of a determination made by them under that section in relation to a description of closures;

(g) every condition agreed to under subsection (5) of that section in connection with a determination made by them;

(h) every final or provisional order made by them;

(i) every revocation by them of such an order;

(j) every notice given by them under section 55(6) of this Act of a decision not to make such an order;

(k) every penalty imposed by them under section 57A of this Act;

(l) every statement of policy published by them under section 57B of this Act.

(4) The Scottish Ministers 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 they consider 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 Scottish Ministers' 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 Scottish Ministers' opinion, seriously and prejudicially affect the interests of that body.

(5) If it appears to the Scottish Ministers that the entry of any provision in the register would be against the public interest, they may decide not to enter it in the register.

(6) The contents of the register must be available for inspection, at any time and free of charge, by the Secretary of State or the Office of Rail Regulation.

(7) The Secretary of State and the Office of Rail Regulation may each require the Scottish Ministers to supply him or (as the case may be) it free of charge with a certified copy of a part of the register or with a certified extract from it.

(8) The references in subsection (7) to a certified copy or a certified extract are references to a copy or extract that has been certified by the Scottish Ministers to be a true copy or extract.

(9) In subsection (3)(d) “amendment”, in relation to a franchise agreement, means any amendment however described, including variations (whether or not effected in accordance with the terms of the agreement or by a modification of it) of the property, rights and liabilities which from time to time constitute the franchise assets.”

Commencement Information

I5 Sch. 1 para. 31 in force at 16.10.2005 by S.I. 2005/2812, art. 2(1), Sch. 1