Part 1Transfer of functions and railway strategy
Transfer of functions
1Transfer etc. of SRA functions and abolition
I3I5I6I81
Schedule 1 (which transfers consumer protection functions of the SRA to the ORR, transfers other functions of the SRA to the Secretary of State and to devolved authorities and also abolishes some functions of the SRA) has effect.
I42
The Secretary of State may make a scheme for the transfer of property, rights and liabilities from—
a
the Strategic Rail Authority, or
b
a company which is wholly owned by that Authority,
to a person specified in subsection (3) or to two or more of those persons.
3
Those persons are—
I1a
the Secretary of State;
I1b
the Scottish Ministers;
I1c
the National Assembly for Wales;
I1d
the Office of Rail Regulation;
I7e
the Rail Passengers' Council established by section 19(1); and
I1f
a company which is wholly owned by a person falling within any of paragraphs (a) to (d) or is jointly owned by more than one of them.
I24
But a transfer of—
a
rights and liabilities arising under a Scottish franchise agreement, or
b
property created or vested in any person by such an agreement,
may be made by a transfer scheme under subsection (2) only to the Scottish Ministers.
I25
Before making a scheme under subsection (2) the Secretary of State must consult every person to whom property, rights or liabilities would be transferred under the proposed scheme.
I26
Schedule 2 (which contains supplemental provisions about transfer schemes) has effect in relation to schemes under subsection (2).
I27
If the Secretary of State considers it appropriate to do so in connection with or in anticipation of the commencement of any provision of this Act, or of the abolition of the Strategic Rail Authority, he may—
a
terminate the appointment of any person as chairman or member of the Strategic Rail Authority; and
b
direct a reduction, pending its abolition, in the minimum membership of the Authority.
I28
The Secretary of State may by order make such modifications of any provision of—
a
Part 3 of the Transport Act 1980 (c. 34) (railway pensions),
b
Schedule 11 to the 1993 Act (pensions), or
c
section 244 of the 2000 Act (indexation of pensions),
as appear to him to be necessary or expedient in consequence of the provisions of this section or of any scheme made under this section.
I29
The power under subsection (8) to make modifications by order is subject to the affirmative resolution procedure.
I910
Where, after consulting the Strategic Rail Authority, the Secretary of State is satisfied—
a
that all such transfers have been provided for as will secure that the dissolution of the Authority will not extinguish any of its liabilities, and
b
that it is no longer necessary, for any other reason, for that Authority to continue to exist,
the Secretary of State may by order provide for it to cease to exist.