The Railways Regulations 1992

Regulation 6(2)

SCHEDULE 1 RULES FOR THE DETERMINATION OF FEES CHARGED FOR THE USE OF INFRASTRUCTURE

1.  Fees for the use of track shall be determined by reference to a given amount for each train mile of track used.

2.  Different amounts per train mile may be applied to different railway lines and different types of international service.

3.  Fees in respect of the use of railway facilities or ancillary services for the international services in respect of which the fees are charged shall be determined by an infrastructure manager which provides international services on the basis used by the infrastructure manager in accounting for those services.

4.  Fees may provide for the replacement of capital assets and for a rate of return on capital invested in the infrastructure.

Regulation 7(6)

SCHEDULE 2 THE INTERNATIONAL RAIL REGULATOR

Remuneration, pensions etc

1.—(1) There shall be paid to a holder of the office of the International Rail Regulator such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

(2) In the case of any such holder of the office of the International Rail Regulator as may be determined by the Secretary of State, there shall be paid such pension, allowance or gratuity to or in respect of him, or such contributions or payments towards provision for such a pension, allowance or gratuity, as may be so determined.

(3) If, when any person ceases to hold office as the International Rail Regulator, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him a sum by way of compensation of such amount as may be determined by the Secretary of State.

(4) The approval of the Treasury shall be required for the making of a determination under this paragraph.

Staff

2.—(1) The International Rail Regulator may, with the approval of the Treasury as to numbers and terms and conditions of service, appoint such staff as the International Rail Regulator may determine.

(2) Where an employee of the International Rail Regulator who is (by reference to that employment) a participant in a scheme under section 1 of the Superannuation Act 1972(1) becomes a holder of the office of International Rail Regulator, the Treasury may determine that his term of office shall be treated for the purposes of the scheme as employment by the International Rail Regulator (whether or not any benefits are payable to or in respect of him by virtue of paragraph 1(2)).

Expenses of the Regulator and his staff

3.  There shall be paid out of money provided by Parliament—

(a) the remuneration of, and any travelling or other allowances payable under these Regulations to, the International Rail Regulator or to any staff of the International Rail Regulator;

(b) any sums payable under these Regulations to or in respect of the International Rail Regulator; and

(c) any expenses duly incurred by the International Rail Regulator, or by any staff of the International Rail Regulator, in consequence of the provisions of these Regulations.

Official Seal

4.  The International Rail Regulator shall have an official seal for the authentication of documents required for the purposes of his functions.

Performance of functions

5.  Anything authorised or required by or under these Regulations to be done by the International Rail Regulator may be done by any member of the staff of the International Rail Regulator who is authorised generally or specially in that behalf by the International Rail Regulator.

Documentary evidence

6.  The Documentary Evidence Act 1868(2) shall have effect as if—

(a) the International Rail Regulator were included in the first column of the Schedule to that Act;

(b) the International Rail Regulator and any person authorised to act on behalf of the International Rail Regulator were mentioned in the second column of that Schedule; and

(c) the regulations referred to in that Act included any document issued by the International Rail Regulator or any such person.

The Parliamentary Commissioner

7.  In the Parliamentary Commissioner Act 1967(3), in Schedule 2 (departments and authorities subject to investigation) the following entry shall be inserted at the appropriate place—

• “The International Rail Regulator”.

Parliamentary disqualification etc

8.  In Part III of Schedule 1 to the House of Commons Disqualification Act 1975(4), the following entry shall be inserted at the appropriate place—

• “The International Rail Regulator”;

and the same insertion shall be made in Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975(5).

(1)

1972 c. 11.

(2)

1868 c. 37.

(3)

1967 c. 13.

(4)

1975 c. 24.

(5)

1975 c. 25.