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SCHEDULE 8
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MINOR AND CONSEQUENTIAL AMENDMENTS |
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The Transport Act 1962 (c.46) |
| | 1. - (1) Section 43 of the Transport Act 1962 (charges and facilities) is amended as follows.
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(2) In subsections (1) and (2), for "Boards" substitute "British Waterways Board or the Strategic Rail Authority".
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(3) In subsection (3), for "Boards" substitute "British Waterways Board and the Strategic Rail Authority".
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(4) In subsection (4), for "The Boards shall not" substitute "Neither the British Waterways Board nor the Strategic Rail Authority shall".
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(5) In subsection (5), insert at the end "or the Strategic Rail Authority".
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(6) In subsection (6), for "None of the Boards" substitute "Neither the British Waterways Board nor the Strategic Rail Authority".
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The Transport Act 1968 (c.73) |
| | 2. The Transport Act 1968 has effect subject to the following amendments.
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| | 3. - (1) Section 10(1) (general powers of Passenger Transport Executives) is amended as follows.
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(2) In paragraph (vi), for the words from "the Railways Board" to "may be)" substitute "the Strategic Rail Authority or any wholly-owned subsidiary of the Strategic Rail Authority in respect of railway passenger services provided"
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(3) After that paragraph insert-
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"(viza) to enter into agreements with the Strategic Rail Authority under which the Executive make payments to the Strategic Rail Authority in respect of the cost incurred by it in securing the provision of a bus substitution service (within the meaning of the Railways Act 1993) between places in that area or between such places and places outside that area but within the permitted distance for the purposes of paragraph (ii) of this subsection;". |
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| | 4. In section 15(1)(d) (approval of agreements) for the words from "the Railways Board" to "the wholly-owned subsidiary" substitute "the Strategic Rail Authority or a wholly-owned subsidiary of the Strategic Rail Authority for the provision".
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| | 5. - (1) Section 20 (securing provision of railway services for passenger transport area) is amended as follows.
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(2) In subsection (2), for the words from "and subject" to "services as the Authority" substitute ", to enter into such agreements with the Strategic Rail Authority or any wholly-owned subsidiary of the Strategic Rail Authority as the Passenger Transport Authority for that area may approve for securing the provision of such railway passenger services as the Passenger Transport Authority".
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(3) In subsection (3), for "the Railways Board" substitute "the Strategic Rail Authority".
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(4) In subsection (4), for the words from "the Railways Board" to "the subsidiary" substitute "the Strategic Rail Authority or a wholly-owned subsidiary of the Strategic Rail Authority in respect of the railway passenger services provided".
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(5) In subsection (6)-
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(a) for the words from "the Railways Board" to "that Board" substitute "the Strategic Rail Authority or any wholly-owned subsidiary of the Strategic Rail Authority", and |
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(b) for "the Board or the subsidiary" substitute "the Strategic Rail Authority or the subsidiary". |
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The Railways Act 1993 (c.43) |
| | 6. The Railways Act 1993 has effect subject to the following amendments.
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| | 7. In section 7 (licence exemptions), omit subsection (10) (limit on grant of licence exemption by Secretary of State).
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| | 8. - (1) Section 34 (Passenger Transport Authorities and Executives: franchising) is amended as follows.
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(2) In subsection (1), for "Board" (in both places) substitute "Authority".
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(3) In subsection (3), for "Board" substitute "Authority".
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(4) In subsection (22), in the definition of "section 20(2) agreement", for the words from "has" to the end substitute "means an agreement made between the Authority and a Passenger Transport Executive pursuant to section 20(2)(b) of the Transport Act 1968;".
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| | 9. - (1) Section 35 (termination and variation of section 20(2) agreements) is amended as follows.
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(2) In subsection (1), for "Board" (in both places) substitute "Authority".
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(3) In subsection (10), for "section 33" substitute "section 34".
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| | 10. In section 45(2)(b) (closure conditions: general), for the words from "bus substitution service" to the end substitute "an alternative service for the carriage of passengers by road (in this Part referred to as a "bus substitution service")".
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| | 11. - (1) Section 46 (variation of closure conditions) is amended as follows.
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(2) In subsection (1)-
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(a) after "may" insert ", subject to subsection (1A),", and |
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(b) omit the words from "other than" to "1985)". |
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(3) After that subsection insert-
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"(1A) The Secretary of State may not vary or revoke a condition imposed under Schedule 5 to this Act.
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(1B) The Secretary of State may only-
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(a) revoke a condition requiring the Authority to secure the provision of a bus substitution service, or |
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(b) vary such a condition so as to permit the Authority to withdraw the service from any locality or point, |
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in accordance with section 47B below."
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| | 12. - (1) Section 55 (orders for securing compliance) is amended as follows.
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(2) In subsection (5)(a), for "section 5 above" substitute "section 7 of the Railways Act 1999".
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(3) Omit subsections (8) and (12).
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| | 13. In the sidenote for section 56 insert at the end "for section 55 orders".
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| | 14. - (1) In section 57 (validity and effect of orders) is amended as follows.
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(2) Omit subsection (2)(b).
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(3) In subsection (9), for "section 58" substitute "sections 57D and 58".
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(4) In the sidenote insert at the end "of section 55 orders".
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| | 15. - (1) Section 58 (power to require information) is amended as follows.
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(2) In subsection (1)-
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(a) for the words from "may be" to "requirement, the" substitute "may have contravened or be contravening- |
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(a) a relevant condition or requirement, or |
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(b) a final or provisional order made by the appropriate authority, |
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the", and
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(b) after "55" insert "or 57A". |
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(3) In the sidenote insert at the end "for purposes of sections 55 and 57A".
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| | 16. In section 60(5)(c) (effect of petition for railway administration order), after "55" insert "or 57A".
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| | 17. In section 67(6)(b) (references made to the Competition Commission), for "Board", in both places, substitute "Authority".
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| | 18. - (1) Section 73(2) (matters to be entered in register by Authority) is amended as follows.
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(2) In paragraph (d) (amendments of franchise agreements), insert at the end "other than any which are not likely to have a material effect on the provision of services under the agreement or on any sums payable under the agreement."
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(3) After paragraph (e) insert-
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"(f) every penalty imposed by the Authority under section 57A above;". |
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| | 19. - (1) Section 83 (interpretation) is amended as follows.
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(2) For the definition of "appropriate officer" in subsection (1) substitute-
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""appropriate authority" has the meaning given by section 55(10) above;". |
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(3) After that definition insert-
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" "bus substitution service" has the meaning given by section 45(2)(b) above;". |
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(4) In the definition of "facility owner" in subsection (1), for "17(6)" substitute "16A(5)".
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(5) After the definition of "station services" in that subsection insert-
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(a) a ticket which is valid for a journey which involves use of the services of more than one passenger service operator; or
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(b) a combination of two or more tickets issued at the same time which are between them valid for such a journey;
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and "through ticketing" shall be construed accordingly;". |
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(6) After subsection (2) insert-
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"(3) For the purposes of this Part, references to a condition of a licence or licence exemption which relates, or does not relate, to consumer protection shall be construed in accordance with section 7A above."
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| | 20. - (1) Section 135 (concessionary travel) is amended as follows.
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(2) In subsection (6)(a), for "(5)" substitute "(4)".
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(3) In subsection (9), for "subsections (4) and (5)" substitute "subsection (4)".
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| | 21. In section 145(2)(a) (exception from restriction on disclosure of information), insert at the end "or the Railways Act 1999".
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| | 22. In section 150(1)(b) (Crown application), for "58, except sections 55(8) and 58(4) and (5);" substitute "57 and section 58(1) to (3), (6) and (7);".
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| | 23. In section 151(1) (interpretation) insert at the appropriate place-
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""the Authority" means the Strategic Rail Authority;". |
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| | 24. In paragraph 4 of Schedule 1 (official seal), for "their respective" substitute "his".
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| | 25. In paragraph 6(2)(a) of Schedule 2 (information disclosed in confidence by Franchising Director to rail users' consultative committee), for "Franchising Director" substitute "Authority".
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| | 26. In paragraph 6(2)(a) of Schedule 3 (information disclosed in confidence by Franchising Director to Central Rail Users' Consultative Committee), for "Franchising Director" substitute "Authority".
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| | 27. In paragraph 2 of Schedule 6 (effect of administration order), after "55" insert "or 57A".
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