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Schedules | |
Schedule 1 | |
Section 14 | |
Office of Rail Regulation | |
Constitution | |
1 (1) The Office of Rail Regulation shall consist of a chairman and at least four | 5 |
other members appointed by the Secretary of State. | |
(2) The chairman or another member— | |
(a) may not be appointed for a term of more than five years (but may be | |
reappointed), | |
(b) may resign by notice in writing to the Secretary of State, and | 10 |
(c) shall hold and vacate office in accordance with the terms of his | |
appointment. | |
(3) Before appointing a member other than the chairman the Secretary of State | |
shall consult the chairman. | |
2 The Secretary of State may dismiss a member of the Office by notice in | 15 |
writing on the grounds that the member— | |
(a) has been absent from meetings of the Office without permission of | |
the Office during a period of more than three months, | |
(b) has a financial or other personal interest which is likely to influence | |
the performance of his functions as a member, | 20 |
(c) is the subject of a bankruptcy restrictions order (or interim order), | |
(d) has misbehaved, or | |
(e) is unable, unfit or unwilling to perform his functions as a member. | |
Staff | |
3 (1) The Office shall appoint a Chief Executive. | 25 |
(2) Before appointing a Chief Executive the Office shall— | |
(a) consult the Secretary of State, and | |
(b) obtain the Treasury’s approval of the terms and conditions of | |
appointment. | |
4 (1) The Office may appoint other employees. | 30 |
(2) The power under sub-paragraph (1) may be exercised only if the Office has | |
the approval of the Treasury as to— | |
(a) numbers, and | |
(b) terms and conditions of employment. | |
5 Service as an employee of the Office is employment in the civil service of the | 35 |
State. | |
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Proceedings | |
6 The Office may establish one or more committees (which may include | |
persons who are neither members of nor employed by the Office). | |
7 The Office may delegate a function to— | |
(a) the Chief Executive or another employee, or | 5 |
(b) a committee. | |
8 The Office shall— | |
(a) determine arrangements for the conduct of its proceedings (which | |
may, in particular, include arrangements for a quorum), and | |
(b) publish those arrangements. | 10 |
9 (1) The Office may do anything which it thinks necessary or expedient for the | |
purpose of or in connection with the performance of its functions. | |
(2) Sub-paragraph (1) is subject to paragraph 16. | |
10 The validity of any proceedings of the Office shall not be affected by— | |
(a) a vacancy, or | 15 |
(b) a defective appointment. | |
Money | |
11 The Office may with the approval of the Secretary of State make to or in | |
respect of members of the Office, employees or committee-members | |
payments by way of or in respect of— | 20 |
(a) remuneration; | |
(b) pension; | |
(c) allowances; | |
(d) expenses. | |
12 (1) This paragraph applies where an employee of the Office becomes a member of the | 25 |
Office. | |
(2) The Secretary of State may determine that the person’s term as a member shall be | |
treated for the purposes of a scheme under section 1 of the Superannuation Act 1972 | |
(c. 11) (civil service pension scheme) as employment in the civil service of the State. | |
13 If the Secretary of State thinks that special circumstances of a person’s | 30 |
ceasing to be a member of the Office make it appropriate to pay him | |
compensation, the Office may pay him compensation of an amount | |
approved by the Secretary of State (whether or not he receives other benefits | |
by way of pension). | |
14 The Office may incur expenditure in connection with advisory or other | 35 |
services provided to the Office. | |
15 Expenditure incurred by the Office in connection with the performance of its | |
functions shall (to the extent not met by other income of the Office) be paid out of | |
money provided by Parliament. | |
16 The Office may not borrow money. | 40 |
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Conflict of interest | |
17 (1) Before appointing a person as a member of the Office the Secretary of State | |
shall satisfy himself that the person neither has nor is expected to acquire a | |
financial or other personal interest which is likely to influence the | |
performance of his functions as a member. | 5 |
(2) From time to time the Secretary of State shall satisfy himself that no member | |
of the Office has a financial or other personal interest which is likely to | |
influence the performance of his functions as a member. | |
18 (1) Procedural arrangements made by the Office under paragraph 8 shall | |
include arrangements under which a member, employee or committee- | 10 |
member who has a financial or other personal interest which is likely to | |
influence his performance of a particular function is obliged— | |
(a) to declare the interest, and | |
(b) to withdraw from the performance of the function to the relevant | |
extent. | 15 |
(2) Procedural arrangements made by the Office under paragraph 8 shall | |
include arrangements under which a member, employee or committee- | |
member who has a financial or other personal interest which is relevant to a | |
particular function but does not fall under sub-paragraph (1) is obliged— | |
(a) to declare the interest, and | 20 |
(b) unless the members of the Office direct otherwise, to withdraw from | |
the performance of the function to the relevant extent. | |
Schedule 2 | |
Section 15 | |
Abolition of Rail Regulator: Consequential Amendments | |
Part 1 | 25 |
Railways Act 1993 (c. 43) | |
1 The Railways Act 1993 shall be amended as follows. | |
2 Section 1 and Schedule 1 (the Rail Regulator) shall cease to have effect. | |
3 Subject to the following paragraphs of this Schedule, in the provisions | |
specified in the following table— | 30 |
(a) for “the Regulator” substitute “the Office of Rail Regulation”, | |
(b) for “he” and “him”, where they refer only to the Regulator, substitute | |
“it”, and | |
(c) for “his”, where it refers to the Regulator, substitute “its”. | |
| | Section | Description | Section | Description | | 35 | | | Section 4 | General duties | Section 22B | Applications for directions | | | | | Section 6 | Unauthorised operators | Section 22C | Amendment: supplementary | | |
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4 In section 7 (exemptions from section 6)— | |
(a) in subsection (3)(b) for “it” substitute “the exemption”, and | |
(b) in subsection (8) after “he” insert “or it”. | |
5 In section 8(4)(a) and (b) (licences) after “he” insert “or it”. | |
6 In section 9(3)(f) (conditions of licences) after “he” and “him” insert “or it”. | 5 |
7 In section 15(4A) (modification following report)— | |
(a) omit “he or”, and | |
(b) in paragraphs (a) and (b) omit “it proposes to”. | |
8 In section 15C(3) (sections 15A and 15B: supplementary)— | |
(a) after “shall” insert “each”, and | 10 |
(b) in each place, omit “his or”. | |
9 In section 20(3)(b) (exemption of railway facilities from sections 17, 18 and | |
22A) for “it” substitute “the exemption”. | |
10 In section 21(5) (model clauses for access contracts)— | |
(a) after “any” insert “of its”, and | 15 |
(b) omit “of his”. | |
11 In section 55(5ZA)(a) (orders for securing compliance) for the second “it” | |
substitute “the Authority”. | |
12 In section 57A(5)(a) (penalties) for the second “it” substitute “the Authority”. | |
13 In section 57B (statement of policy)— | 20 |
(a) in subsection (3) omit “or his”, and | |
(b) in subsection (4)(a) omit “his or”. | |
14 In section 74 (reports)— | |
(a) in subsection (1) for “after the end of the first relevant financial year | |
and of each subsequent financial year,” substitute “after the end of | 25 |
each financial year,”, and | |
(b) in subsection (8) omit the definition of “first relevant financial year”. | |
15 In section 76(5A) (matters referred to the Authority by the Rail Passengers’ | |
Council) for “him” substitute “the Office of Rail Regulation”. | |
16 In section 77(4A) (matters referred to the Authority by a Rail Passengers’ | 30 |
Committee) for “him” substitute “the Office of Rail Regulation”. | |
17 In section 151(1) (general interpretation) omit the definition of “the | |
Regulator”. | |
18 In Part I of Schedule 6 (railway administration orders) for “the Rail | |
Regulator” substitute “the Office of Rail Regulation”. | 35 |
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Part 2 | |
Other Acts | |
General | |
19 In the following enactments for a reference to the Rail Regulator there shall | |
be substituted a reference to the Office of Rail Regulation— | 5 |
(a) section 13 of the Transport Act 1962 (c. 46) (Boards’ powers of | |
manufacture), | |
(b) Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) | |
(departments subject to jurisdiction), | |
(c) section 133 of the Fair Trading Act 1973 (c. 41) (disclosure of | 10 |
information), | |
(d) section 174 of the Consumer Credit Act 1974 (c. 39) (disclosure of | |
information), | |
(e) section 10 of the Estate Agents Act 1979 (c. 38) (disclosure of | |
information), | 15 |
(f) section 19 of the Competition Act 1980 (c. 21) (disclosure of | |
information), | |
(g) section 101 of the Telecommunications Act 1984 (c. 12) (disclosure of | |
information), | |
(h) section 41A of the London Regional Transport Act 1984 (c. 32) (access | 20 |
contracts), | |
(i) section 74 of the Airports Act 1986 (c. 31) (disclosure of information), | |
(j) section 9E of the Company Directors Disqualification Act 1986 (c. 46) | |
(disqualification for competition infringement), | |
(k) section 38 of the Consumer Protection Act 1987 (c. 43) (disclosure of | 25 |
information), | |
(l) Schedule 15 to the Water Industry Act 1991 (c. 56) (disclosure of | |
information), | |
(m) Schedule 24 to the Water Resources Act 1991 (c. 57) (disclosure of | |
information), | 30 |
(n) Schedules 2 and 4 to the Deregulation and Contracting Out Act 1994 | |
(c. 40) (sectoral regulators), | |
(o) sections 17, 21 and 22 of the Channel Tunnel Rail Link Act 1996 (c. 61) | |
(rail legislation and regulator), | |
(p) section 54 of, Part I of Schedule 10 to and Schedule 11 to the | 35 |
Competition Act 1998 (c. 41) (regulators), | |
(q) sections 199, 200, 228(2) and (3) and 235 of, and paragraph 15 of | |
Schedule 18 to, the Greater London Authority Act 1999 (c. 29), | |
(r) Schedule 7 to the Postal Services Act 2000 (c. 26) (disclosure of | |
information), | 40 |
(s) section 105 of the Utilities Act 2000 (c. 27) (disclosure of information), | |
(t) the following provisions of the Transport Act 2000 (c. 38)— | |
(i) section 206 (strategies), | |
(ii) section 216 (assumption of certain functions of Regulator), | |
(iii) paragraph 3 of Schedule 9 (disclosure of information), | 45 |
(iv) paragraph 13 of Schedule 10 (disclosure of information), | |
(v) Part III of Schedule 17 (transfers to SRA from Regulator), and | |
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(vi) Part II of Schedule 26 (transfers to SRA: tax), and | |
(u) sections 136 and 168 of the Enterprise Act 2002 (c. 40) (investigations | |
and regulated markets). | |
20 In addition to the amendments effected by paragraph 19, the following | |
enactments shall be amended as specified. | 5 |
House of Commons Disqualification Act 1975 (c. 24) | |
21 In Schedule 1 to the House of Commons Disqualification Act 1975 (offices | |
disqualifying for membership)— | |
(a) in Part II (bodies of which all members are disqualified) at the | |
appropriate place insert— | 10 |
“The Office of Rail Regulation.”, and | |
(b) in Part III (other disqualifying offices) omit the entry relating to the | |
Rail Regulator. | |
Channel Tunnel Rail Link Act 1996 (c. 61) | |
22 In sections 21 and 22 of the Channel Tunnel Rail Link Act 1996— | 15 |
(a) for “he” and “him”, where they refer to the Rail Regulator, substitute | |
“it”, and | |
(b) for “his”, where it refers to the Rail Regulator, substitute “its”. | |
Greater London Authority Act 1999 (c. 29) | |
23 For section 28(1) of the Greater London Authority Act 1999 (the heading to | 20 |
which becomes “PPP arbiter also Member of Office of Rail Regulation: duties | |
of staff”) substitute— | |
“(1) Subsections (2) and (3) shall apply while a member of the Office of | |
Rail Regulation holds the office of PPP arbiter.” | |
Financial Services and Markets Act 2000 (c. 8) | 25 |
24 In the table in Part I of Schedule 19 to the Financial Services and Markets Act | |
2000 (competition information) for the entry numbered 11 substitute— | |
| | “11 | The Office of Rail Regulation. | Any function of that office under a | | | | | | | specified enactment.” | | |
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Schedule 3 | 30 |
Section 15 | |
Abolition of Rail Regulator: Savings, &c. | |
1 Section 15 shall not affect the validity of anything done by or in relation to | |
the Rail Regulator before commencement. | |
2 Anything done by or in relation to the Rail Regulator which has effect at | |
commencement shall, so far as necessary for continuing its effect after | 35 |
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