Transport Bill

Transport Bill - continued	House of Commons
PART IV, RAILWAYS - continued

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	Functions of Franchising Director, Regulator and Board
Assumption of functions of Franchising Director.	192. - (1) Schedule 15 transfers to the Authority the functions of the Franchising Director.
	(2) All the property, rights and liabilities of the Franchising Director (including any rights and liabilities relating to staff appointed by him) are by virtue of this section transferred to the Authority.
	(3) Nothing in this Part affects the validity of anything done by or in relation to the Franchising Director.
	(4) There may be continued by or in relation to the Authority anything (including legal proceedings) which is in the process of being done by or in relation to the Franchising Director when his functions, property, rights and liabilities are transferred to the Authority.
	(5) Anything done by the Franchising Director which is in effect immediately before his functions, property, rights or liabilities are transferred to the Authority shall be treated as if done by the Authority.
	(6) The Authority shall be substituted for the Franchising Director in private Acts, instruments made under Acts, other documents and legal proceedings.
	(7) For the purposes of the Employment Rights Act 1996, where a person employed in the civil service of the state becomes an employee of the Authority by virtue of this section-
	(a) his period of employment in the civil service of the state counts as a period of employment with the Authority, and
	(b) the change of employment does not break the continuity of the period of employment.
	(8) In consequence of the preceding provisions of this section the office of Franchising Director is abolished.
	(9) If the Secretary of State determines that there are special circumstances which make it right that the person who is the Franchising Director immediately before the office is abolished should receive compensation, the Secretary of State shall pay to that person such compensation as may be determined by the Secretary of State.
Assumption of certain functions of Regulator.	193. Schedule 16 makes provision for the transfer to the Authority of certain functions of the Regulator and of associated property, rights and liabilities.
Assumption of Board's functions relating to transport police.	194. - (1) Schedule 17 transfers to the Authority the functions of the Board relating to the British Transport Police and associated property, rights and liabilities.
	(2) The Authority shall exercise its functions relating to the British Transport Police Force in such manner and to such extent as appears to the Authority to be best calculated to promote the efficiency and effectiveness of that Force; and section 184 does not apply to those functions.
Functions relating to Board's property.	195. - (1) Schedule 18 makes provision for the transfer to the Authority of other property, rights and liabilities of the Board.
	(2) Any property, rights and liabilities which are transferred to the Authority by virtue of Schedule 18 but are not required by the Authority for the discharge of any of its other functions shall be disposed of or otherwise dealt with by the Authority-
	(a) in accordance with directions given to it by the Secretary of State, and
	(b) subject to that, in the way which appears to the Authority most economic and efficient.
	(3) For the purposes of subsection (2) (and subject to directions given to it by the Secretary of State), the Authority may (in particular)-
	(a) retain and manage property,
	(b) develop land with a view to disposing of it, and
	(c) acquire land for the purpose of developing it with the land which it adjoins.
	(4) Section 184 does not apply to the functions in subsections (2) and (3).
	Other powers
Power to make bye-laws.	196. - (1) The Authority may make bye-laws regulating-
	(a) the use and working of railway assets,
	(b) travel on or by means of railway assets,
	(c) the maintenance of order on railway assets, and
	(d) the conduct of persons while on railway assets.
	(2) The Authority may, in particular, make bye-laws-
	(a) with respect to tickets issued for entry on railway assets or travel by railway and the evasion of payment of fares or other charges,
	(b) with respect to interference with, or obstruction of, the working of any railway or any railway asset or the provision of any railway service,
	(c) prohibiting or restricting the smoking of tobacco in railway carriages and elsewhere,
	(d) with respect to the prevention of nuisance,
	(e) with respect to the receipt and delivery of goods, and
	(f) for regulating the passage of bicycles and other vehicles on footways and other premises intended for the use of those on foot.
	(3) Schedule 19 makes further provision about bye-laws under this section.
	(4) For the purposes of this section and that Schedule "railway assets" includes rolling stock other than trains (as well as what is specified in section 6(2) of the Railways Act 1993); and "operator", in relation to such rolling stock, means the person having management of the rolling stock for the time being.
Power to make transfer schemes.	197. Schedule 20 makes provision for the making of transfer schemes by the Authority.
Power to promote and oppose Bills.	198. The Authority-
	(a) may promote in Parliament Bills relating to railways, and
	(b) may oppose any Bill in Parliament.
Other incidental powers.	199. - (1) The Authority may do anything which it considers-
	(a) is necessary or appropriate for or for facilitating, or
	(b) is incidental or conducive to,
	the exercise of any of its functions.
	(2) In particular, the Authority may-
	(a) enter into agreements,
	(b) acquire or dispose of property,
	(c) invest money,
	(d) form bodies corporate or acquire or dispose of interests in bodies corporate, and
	(e) promote or assist in the promotion of publicity.
	(3) This section has effect subject to any provision of this Part, or of any other enactment, limiting the powers of the Authority.

Prepared 10 April 2000