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(a) a function or activity performed or carried out in the United Kingdom, | |
and | |
(b) a flight function performed or flight activity carried out on a United | |
Kingdom aircraft. | |
(2) In subsection (1)— | 5 |
“flight function” means a function falling within section 91(1)(a) to (f), | |
“flight activity” means an activity which for the purposes of this Part is | |
ancillary to a flight function, and | |
“United Kingdom aircraft” means an aircraft which is registered, in | |
accordance with an enactment about aircraft, in the United Kingdom. | 10 |
(3) Her Majesty may by Order in Council direct that a provision of this Part shall | |
apply (with or without modification)— | |
(a) to a function or activity performed or carried out in any of the Channel | |
Islands or a British overseas territory; | |
(b) to a function performed or activity carried out on an aircraft which is | 15 |
registered, in accordance with an enactment about aircraft, in any of the | |
Channel Islands or a British overseas territory. | |
(4) Section 95 shall not extend to Scotland. | |
Part 6 | |
Miscellaneous | 20 |
100 Convention on International Carriage by Rail | |
(1) The Secretary of State may make regulations for the purpose of giving effect to | |
the Convention concerning International Carriage by Rail signed at Berne on | |
9th May 1980 as set out in the Annex to the modifying Protocol signed at | |
Vilnius on 3rd June 1999. | 25 |
(2) Schedule 6 shall have effect (provision which may be made by regulations in | |
connection with that Convention made under subsection (1) above or under | |
section 2 of the European Communities Act 1972 (c. 68) (implementation of | |
Community obligations)). | |
(3) Regulations made under or by virtue of this section shall bind the Crown | 30 |
except in so far as they provide to the contrary. | |
(4) Regulations made under this section shall be made by statutory instrument. | |
(5) Regulations made under or by virtue of this section may not be made unless a | |
draft has been laid before and approved by resolution of each House of | |
Parliament. | 35 |
(6) This section extends to the whole of the United Kingdom. | |
101 Office of Rail Regulation: general duties | |
In section 4(5)(c) of the Railways Act 1993 (c. 43) (duty of the Office of Rail | |
Regulation (formerly the Regulator): duty to have regard to position of | |
Strategic Rail Authority) the words “under this Part” shall cease to have effect. | 40 |
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102 Railways safety levy | |
(1) The following shall be inserted after section 43 of the Health and Safety at Work etc. | |
Act 1974 (c. 37) (financial provision)— | |
“43A Railway safety levy | |
(1) The Secretary of State may make regulations requiring persons who provide | 5 |
railway services to pay railway safety levy. | |
(2) Railway safety levy shall be applied only for the purpose of meeting expenses | |
incurred— | |
(a) in respect of activity undertaken by the Executive in reliance on | |
section 117 of the Railways Act 1993 (safety of railways, &c.), or | 10 |
(b) in respect of activity undertaken by the Executive, under or by virtue | |
of any other enactment, in relation to a transport system to which that | |
section applies. | |
(3) The railway safety levy shall not be used to meet— | |
(a) an expense in respect of which a fee is payable under regulations made | 15 |
under section 43, or | |
(b) an expense in respect of a matter specified by the regulations for the | |
purpose of this paragraph. | |
(4) Where an expense is incurred partly in respect of activity within subsection | |
(2)(a) or (b) and partly in respect of other activity, the railway safety levy may | 20 |
be used to meet a part of that expense which is reasonably referable to activity | |
within subsection (2)(a) or (b). | |
(5) Regulations under subsection (1) may, in particular, determine or enable the | |
Commission or the Executive to determine— | |
(a) the total amount of the railway safety levy to be imposed in respect of | 25 |
a specified period; | |
(b) the persons by whom the levy is to be paid; | |
(c) the criteria for assessing the proportion of the levy to be paid by a | |
particular person (which may, in particular, refer to the size of a | |
person’s income or provide for an amount to be reduced or waived in | 30 |
specified circumstances); | |
(d) the periods in respect of which the levy is to be paid; | |
(e) the manner in which the levy is to be paid; | |
(f) the person to whom the levy is to be paid; | |
(g) when the levy is to be paid. | 35 |
(6) Regulations under subsection (1) may, in particular, enable the Commission | |
or the Executive— | |
(a) to require a person who provides railway services to supply | |
information for the purposes of the consideration of a matter specified | |
in subsection (5); | 40 |
(b) where information requested is not supplied, to make assumptions; | |
(c) to revise a determination of a matter specified in subsection (5) | |
(whether before, during or after the period to which it relates); | |
(d) to make refunds. | |
(7) Regulations by virtue of subsection (6)(a) may, in particular, make | 45 |
provision— | |
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(a) about the manner and timing of the supply of information; | |
(b) about certification of the accuracy of information supplied; | |
(c) creating a criminal offence in connection with the supply of inaccurate | |
or misleading information (but not an offence punishable with | |
imprisonment). | 5 |
(8) Regulations under subsection (1) may enable payment to be enforced by civil | |
proceeding. | |
(9) For the purposes of this section a person provides railway services if he | |
manages or controls, or participates in managing or controlling, a transport | |
system to which section 117 of the Railways Act 1993 applies.” | 10 |
(2) In section 28(1)(a) of that Act (restriction on disclosure of information) for “by | |
any of the relevant statutory provisions” substitute “by or by virtue of any of | |
the relevant statutory provisions”. | |
103 Road traffic: fixed penalty | |
(1) In section 76(2)(a) of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty) | 15 |
the words “of police” shall cease to have effect. | |
(2) This section shall extend only to England and Wales. | |
104 Shipping legislation: application to structures, craft, &c. | |
(1) The Secretary of State may by order— | |
(a) provide for a shipping provision to apply (with or without | 20 |
modification) in relation to specified things which are used, navigated | |
or situated wholly or partly in or on water; | |
(b) provide for a shipping provision not to apply in relation to specified | |
things which are used, navigated or situated wholly or partly in or on | |
water; | 25 |
(c) modify a shipping provision in its application in relation to specified | |
things which are used, navigated or situated wholly or partly in or on | |
water. | |
(2) In this section “shipping provision” means a provision which— | |
(a) is made by or by virtue of an Act (including this Act), and | 30 |
(b) is expressed to apply in relation to ships, vessels or boats (or a specified | |
class or description of ship, vessel or boat). | |
(3) An order under subsection (1) may, in particular, be made in respect of a | |
provision which— | |
(a) confers power to legislate, or | 35 |
(b) creates an offence. | |
(4) An order under subsection (1) shall have effect despite (and may amend) any | |
provision which— | |
(a) forms part of or relates to the shipping provision concerned, and | |
(b) defines “ship”, “vessel” or “boat” or in any other way limits or | 40 |
determines the application of the shipping provision concerned. | |
(5) An order under subsection (1) may— | |
(a) make different provision for different purposes; | |
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(b) make provision for an individual case; | |
(c) make provision which applies only in specified circumstances; | |
(d) make transitional provision. | |
(6) An order under subsection (1)(a) or (c) may provide for the shipping provision | |
not to apply, or to apply with specified modifications, where it would conflict | 5 |
with a specified provision or class of provision made by or by virtue of an | |
enactment (including an Act of the Scottish Parliament or Northern Ireland | |
legislation). | |
(7) An order under subsection (1)— | |
(a) shall be made by statutory instrument, | 10 |
(b) shall be subject to annulment in pursuance of a resolution of either | |
House of Parliament, and | |
(c) shall not be made unless the Secretary of State has consulted with | |
organisations in the United Kingdom which appear to him to be | |
representative of persons who will be affected by the order. | 15 |
(8) Section 311 of the Merchant Shipping Act 1995 (c. 21) (application of Act to | |
structures, &c.) shall cease to have effect. | |
(9) This section extends to the whole of the United Kingdom. | |
105 Railways in London: transfers | |
(1) A scheme under section 409(1) or (2) of the Greater London Authority Act 1999 | 20 |
(c. 29) (transfer schemes) which transfers property, rights or liabilities— | |
(a) from London Regional Transport or a subsidiary of London Regional | |
Transport, and | |
(b) to Transport for London or a subsidiary of Transport for London, | |
may provide that section 412(3) of that Act (transfer not to trigger or breach | 25 |
contractual provision) shall not apply in relation to the transfer. | |
(2) A transfer scheme within the meaning of paragraph 1 of Schedule 12 to that Act | |
(schemes made by Transport for London) which transfers property, rights or | |
liabilities may provide that paragraph 2(3) of that Schedule (transfer not to | |
trigger or breach contractual provision) shall not apply in relation to the | 30 |
transfer. | |
(3) Provision included in a scheme by virtue of subsection (1) or (2) may disapply | |
section 412(3) of, or paragraph 2(3) of Schedule 12 to, that Act— | |
(a) generally, | |
(b) only in relation to a specified contract or instrument, or class of contract | 35 |
or instrument, | |
(c) only in relation to a specified right or class of right, | |
(d) only in relation to a specified transfer, or | |
(e) by reference to a combination of matters mentioned in paragraphs (b) | |
to (d). | 40 |
(4) Paragraph 2(3) of Schedule 12 to that Act shall not apply in respect of the | |
transfer of property, rights or liabilities which— | |
(a) have been transferred under a scheme which provided for section | |
412(3) not to apply in relation to the transfer in reliance on subsection | |
(1) above, or | 45 |
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(b) arise out of property, rights or liabilities transferred as described in | |
paragraph (a). | |
(5) Before the date on which London Underground Limited becomes a subsidiary | |
of Transport for London— | |
(a) section 217 of that Act (transfer of key system assets) shall have effect | 5 |
as if— | |
(i) the reference to Transport for London in subsection (1) included | |
a reference to London Regional Transport, and | |
(ii) the list of bodies in subsection (2) included London | |
Underground Limited and any subsidiary, | 10 |
(b) section 221 of that Act (Public-Private Partnership administration | |
order) shall have effect as if a reference to the Mayor were a reference | |
to London Regional Transport, | |
(c) section 222 of that Act (restriction on winding-up Public-Private | |
Partnership company) shall have effect as if a reference to the Mayor | 15 |
were a reference to London Regional Transport, and | |
(d) Schedules 14 and 15 to that Act (Public-Private Partnership | |
administration order) shall have effect (including in so far as they | |
modify another enactment) as if a reference to the Mayor were a | |
reference to London Regional Transport. | 20 |
(6) Section 425(3) of that Act (restriction on commencement of sections 220 to 224) | |
shall cease to have effect. | |
Part 7 | |
General | |
106 Repeals | 25 |
The enactments listed in Schedule 7 are hereby repealed to the extent specified. | |
107 Money | |
Expenditure of the Secretary of State in consequence of this Act shall be paid out of | |
money provided by Parliament. | |
108 Commencement | 30 |
(1) Subject to subsections (5) to (7), the preceding provisions of this Act shall come | |
into force in accordance with provision made by the Secretary of State by order. | |
(2) An order under this section— | |
(a) may make provision which applies only for a specified purpose; | |
(b) may make different provision for different purposes; | 35 |
(c) may make transitional, consequential or incidental provision. | |
(3) An order under this section in respect of Schedule 1 may, in particular— | |
(a) make provision to have effect in place of the provision relating to | |
bankruptcy restrictions orders while the enactment conferring power | |
to make those orders has not come into force; | 40 |
(b) make provision to have effect in relation to Scotland in place of the | |
provision relating to bankruptcy restrictions orders until such time as | |
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(b) they can be made in Scotland under or by virtue of an Act of the Scottish | |
Parliament. | |
(4) An order under this section shall be made by statutory instrument. | |
(5) Section 102 shall come into force at the end of the period of two months | |
beginning with the date on which this Act is passed. | 5 |
(6) Section 101 (and the relevant entry in Schedule 7) shall come into force on the | |
passing of this Act. | |
(7) Section 104 (and the relevant entry in Schedule 7) shall come into force at the | |
end of the period of two months beginning with the date on which this Act is | |
passed. | 10 |
109 Extent | |
(1) The following provisions of this Act make provision about extent or territorial | |
application— | |
(a) section 13 (in relation to Part 1), | |
(b) section 16 (in relation to Part 2), | 15 |
(c) section 74 (in relation to Part 3), | |
(d) section 88 (in relation to Part 4), | |
(e) section 99 (in relation to Part 5), and | |
(f) sections 100(6), 103(2) and 104(9) (in Part 6). | |
(2) An amendment or repeal of an enactment effected by this Act shall have the | 20 |
same extent as the enactment (or the relevant part of the enactment) amended | |
or repealed. | |
(3) Subsection (2)— | |
(a) has effect despite any of the provisions listed in subsection (1), but | |
(b) does not apply to section 103. | 25 |
110 Short title | |
This Act may be cited as the Railways and Transport Safety Act 2003. | |
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