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SCHEDULE 3
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TRANSFER TO AUTHORITY OF FRANCHISING DIRECTOR'S FUNCTIONS |
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The Transport Act 1968 (c.73) |
| | 1. - (1) Section 56 of the Transport Act 1968 (Ministerial grants and local authority payments towards capital expenditure incurred in provision, improvement or development of facilities for public passenger transport) is amended as follows.
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(2) In subsection (2A), for "Franchising Director under which the Franchising Director undertakes to exercise franchising functions of his" substitute "Strategic Rail Authority under which the Authority undertakes to exercise any of its franchising functions".
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(3) In subsection (2B)-
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(a) omit the definition of "the Franchising Director", and |
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(b) in the definition of "franchising functions", for "Franchising Director" substitute "Strategic Rail Authority" and for "him" substitute "it". |
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The Transport Act 1985 (c.67) |
| | 2. In section 6(1) of the Transport Act 1985 (registration of local services), for "Director of Passenger Rail Franchising" substitute "Strategic Rail Authority".
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The Insolvency Act 1986 (c.45) |
| | 3. Sections 11 to 23 and 27 of the Insolvency Act 1986, as they apply by virtue of Schedule 6 to the Railways Act 1993 (with the modifications specified in that Schedule) where a railway administration order has been made, have effect subject to the following amendments.
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| | 4. In section 13(3) (appointment of administrator), as it has effect as substituted by paragraph 3 of Schedule 6, for "Director of Passenger Rail Franchising" substitute "Strategic Rail Authority".
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| | 5. - (1) Section 18 (discharge and variation of administration order), as it has effect as provided by paragraph 7 of Schedule 6, is amended as follows.
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(2) In subsection (1), as substituted by sub-paragraph (2) of paragraph 7, for "Director of Passenger Rail Franchising" substitute "Strategic Rail Authority".
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(3) In subsection (4), in the words substituted by paragraph (a) and (b) of sub-paragraph (4) of paragraph 7, for "Director of Passenger Rail Franchising" substitute "Strategic Rail Authority".
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| | 6. In section 21(1) (notice of order to be given by administrator), as it has effect as provided by paragraph 8 of Schedule 6, in the words substituted by paragraph (a) and (b) of that paragraph, for "Director of Passenger Rail Franchising" substitute "Strategic Rail Authority".
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| | 7. In section 23 (statement of proposals), as it has effect as provided by paragraph 9 of Schedule 6, in subsections (1) and (2A) as substituted by that paragraph, for "Director of Passenger Rail Franchising" substitute "Strategic Rail Authority".
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| | 8. In section 27 (protection of interests of creditors and members), as it has effect as provided by paragraph 10 of Schedule 6, in-
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(a) subsection (1A), as inserted by sub-paragraph (2) of that paragraph, and |
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(b) subsection (6) as substituted by sub-paragraph (5) of that paragraph, |
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for "Director of Passenger Rail Franchising" substitute "Strategic Rail Authority".
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The Railways Act 1993 (c.43) |
| | 9. The Railways Act 1993 has effect subject to the following amendments.
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| | 10. In section 4(5)(c) (Regulator to have regard to financial position of Franchising Director in discharging his functions), for "Franchising Director in discharging his" substitute "Authority in discharging its".
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| | 11. In section 8(8) (duty to consult Franchising Director before making regulations about licence applications), for "Franchising Director" substitute "Authority".
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| | 12. - (1) Section 17 (access agreements: directions requiring facility owners to enter into contracts for use of their railway facilities) is amended as follows.
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(2) In subsection (3), for "Franchising Director" (in each place) substitute "Authority".
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(3) In subsection (4)-
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(a) for "Franchising Director" (in both places) substitute "Authority", and |
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(b) for "him" (in both places) substitute "the Authority". |
| | 13. In section 18 (access agreements: contracts requiring approval of Regulator), in subsection (4), for "Franchising Director" (in each place) substitute "Authority".
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| | 14. - (1) Section 19 (access agreements: contracts for use, on behalf of the Franchising Director, of installations comprised in network) is amended as follows.
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(2) In subsections (1) and (4), and in the sidenote, for "Franchising Director" substitute "Authority".
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(3) In subsection (7)-
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(a) for "Franchising Director" (in both places) substitute "Authority", and |
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(b) for "him" (in both places) substitute "the Authority". |
| | 15. - (1) Section 23 (passenger services to be subject to franchise agreements) is amended as follows.
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(2) In subsection (1), for "Franchising Director" substitute "Authority".
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(3) In subsection (2)-
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(a) for "Franchising Director" substitute "Authority", and |
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(b) for "his" substitute "its". |
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(4) In subsection (3), in the definition of "franchise agreement", for "Franchising Director" substitute "Authority".
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| | 16. In section 24(3) (duty of Secretary of State to consult Franchising Director about exemptions from designation as franchise services), for "Franchising Director" substitute "Authority".
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| | 17. - (1) Section 26 (invitations to tender for franchises) is amended as follows.
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(2) In subsection (1), for "Franchising Director" substitute "Authority".
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(3) In subsections (2) and (3)-
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(a) for "Franchising Director" substitute "Authority", and |
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(b) for "he" substitute "it". |
| | 18. - (1) Section 27 (transfer of franchise assets and shares) is amended as follows.
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(2) In subsections (1) and (2)-
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(a) for "Franchising Director" substitute "Authority", and |
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(b) for "himself" substitute "itself". |
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(3) In subsections (3), (4) and (8), for "Franchising Director" substitute "Authority".
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(4) In subsection (9)-
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(a) for "Franchising Director" substitute "Authority", |
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(b) for "his" substitute "its", and |
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(c) for "himself" substitute "itself". |
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(5) In subsection (10)-
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(a) for "Franchising Director" (in each place) substitute "Authority", and |
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(b) for "he" substitute "it". |
| | 19. - (1) Section 28 (fares and approved discount fare schemes) is amended as follows.
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(2) In subsection (2)-
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(a) for "Franchising Director" substitute "Authority", |
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(b) for "he" (in both places) substitute "it", and |
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(c) for "his" substitute "its". |
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(3) In subsection (4), for "Franchising Director" substitute "Authority".
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| | 20. In section 29 (other terms and conditions of franchise agreements), in subsection (1) (in both places) and in subsection (5), for "Franchising Director" substitute "Authority".
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| | 21. - (1) Section 34 (Passenger Transport Authorities and Executives: franchising) is amended as follows.
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(2) In subsection (4)-
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(a) for "Franchising Director" substitute "Authority", and |
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(b) for "him" substitute "the Authority". |
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(3) In subsection (5)-
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(a) for "Franchising Director" substitute "Authority", |
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(b) for "his" (in both places) substitute "the Authority's," and |
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(c) for "him" substitute "the Authority". |
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(4) In subsection (6) and in subsection (7) (in both places), for "Franchising Director" substitute "Authority".
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(5) In subsection (8)-
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(a) for "Franchising Director" (in both places) substitute "Authority", and |
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(b) for "he" substitute "the Authority". |
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(6) In subsections (10) and (12) and in subsection (13) (in both places), for "Franchising Director" substitute "Authority".
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(7) In subsection (14)-
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(a) for "Franchising Director" (in each place) substitute "Authority", |
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(b) for "him" substitute "the Authority", and |
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(c) for "he" (in both places) substitute "the Authority". |
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(8) In subsection (15), for "Franchising Director" substitute "Authority".
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(9) In subsection (16)-
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(a) for "Franchising Director" substitute "Authority", and |
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(b) for "his" substitute "its". |
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(10) In subsection (17), for "Franchising Director" (in each place) substitute "Authority".
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(11) In subsection (18)-
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(a) for "Franchising Director" (in both places) substitute "Authority", and |
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(b) for "he may apply" substitute "the Authority may apply". |
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(12) In subsection (19), for "Franchising Director" substitute "Authority".
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| | 22. In section 35 (termination and variation of section 20(2) agreements by Franchising Director), for "Franchising Director" (in each place, including the sidenote) substitute "Authority".
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| | 23. - (1) Section 37 (proposals to discontinue non-franchised etc. passenger services) is amended as follows.
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(2) In subsection (1), for "Franchising Director" (in both places) substitute "Authority".
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(3) In subsections (4) and (5)-
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(a) for "Franchising Director" substitute "Authority", and |
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(b) for "he" substitute "it". |
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(4) In subsection (6)-
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(a) for "Franchising Director" substitute "Authority", |
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(b) for "he" substitute "it", and |
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(c) for "him" (in both places) substitute "it". |
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(5) In subsection (7), for "Franchising Director's" substitute "Authority's".
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(6) In subsection (8), for "Franchising Director" (in both places) substitute "Authority".
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(7) In subsection (10)-
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(a) for "Franchising Director" substitute "Authority", and |
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(b) for "he" substitute "it". |
