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104 Road traffic: fixed penalty | |
(1) In section 76(2)(a) of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty) | |
the words “of police” shall cease to have effect. | |
(2) This section shall extend only to England and Wales. | |
105 Seat belts: delivery drivers | 5 |
The following shall be substituted for section 14(2)(b)(i) of the Road Traffic Act | |
1988 (c. 52) (seat belts: exceptions: delivery drivers)— | |
“(i) the driver of or a passenger in a motor vehicle | |
constructed or adapted for carrying goods, while on a | |
journey which does not exceed the prescribed | 10 |
distance and which is undertaken for the purpose of | |
delivering or collecting any thing,”. | |
106 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 | 15 |
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; | 20 |
(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 | 25 |
(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 | 30 |
(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 | 35 |
determines the application of the shipping provision concerned. | |
(5) An order under subsection (1) may— | |
(a) make different provision for different purposes; | |
(b) make provision for an individual case; | |
(c) make provision which applies only in specified circumstances; | 40 |
(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 | |
with a specified provision or class of provision made by or by virtue of an | |
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(6) 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, | |
(b) shall be subject to annulment in pursuance of a resolution of either | 5 |
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. | |
(8) Section 311 of the Merchant Shipping Act 1995 (c. 21) (application of Act to | 10 |
structures, &c.) shall cease to have effect. | |
(9) This section extends to the whole of the United Kingdom. | |
107 Maritime security services | |
The following shall be inserted after section 36 of the Aviation and Maritime | |
Security Act 1990 (c. 31) (security directions: inspection)— | 15 |
“36A Maritime security services: approved providers | |
(1) In this section “maritime security service” means a process or activity | |
carried out for the purpose of— | |
(a) complying with a requirement of a direction under any of | |
sections 21 to 24, or | 20 |
(b) facilitating a person’s compliance with a requirement of a | |
direction under any of those sections. | |
(2) Regulations may provide for the Secretary of State to maintain a list of | |
persons who are approved by him for the provision of a particular | |
maritime security service. | 25 |
(3) The regulations may— | |
(a) prohibit the provision of a maritime security service by a person | |
who is not listed in respect of that service; | |
(b) prohibit the use or engagement for the provision of a maritime | |
security service of a person who is not listed in respect of that | 30 |
service; | |
(c) create a criminal offence; | |
(d) make provision about application for inclusion in the list | |
(including provision about fees); | |
(e) make provision about the duration and renewal of entries on | 35 |
the list (including provision about fees); | |
(f) make provision about training or qualifications which persons | |
who apply to be listed or who are listed are required to undergo | |
or possess; | |
(g) make provision about removal from the list which shall include | 40 |
provision for appeal; | |
(h) make provision about the inspection of activities carried out by | |
listed persons; | |
(i) confer functions on the Secretary of State or on a specified | |
person; | 45 |
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(j) confer jurisdiction on a court. | |
(4) Regulations under subsection (3)(c)— | |
(a) may not provide for a penalty on summary conviction greater | |
than a fine not exceeding the statutory maximum, | |
(b) may not provide for a penalty of imprisonment on conviction | 5 |
on indictment greater than imprisonment for a term not | |
exceeding two years (whether or not accompanied by a fine), | |
and | |
(c) may create a criminal offence of purporting, with intent to | |
deceive, to do something as a listed person or of doing | 10 |
something, with intent to deceive, which purports to be done by | |
a listed person. | |
(5) A direction under any of sections 21 to 24 may— | |
(a) include a requirement to use a listed person for the provision of | |
a maritime security service; | 15 |
(b) provide for all or part of the direction not to apply or to apply | |
with modified effect where a listed person provides a maritime | |
security service. | |
(6) Regulations under this section— | |
(a) may make different provision for different cases, | 20 |
(b) may include incidental, supplemental or transitional provision, | |
(c) shall be made by the Secretary of State by statutory instrument, | |
(d) shall not be made unless the Secretary of State has consulted | |
organisations appearing to him to represent persons affected by | |
the regulations, and | 25 |
(e) shall be subject to annulment in pursuance of resolution of | |
either House of Parliament.” | |
108 Railways in London: transfers | |
(1) A scheme under section 409(1) or (2) of the Greater London Authority Act 1999 | |
(c. 29) (transfer schemes) which transfers property, rights or liabilities— | 30 |
(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 | |
contractual provision) shall not apply in relation to the transfer. | 35 |
(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 | |
transfer. | 40 |
(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 | |
or instrument, | 45 |
(c) only in relation to a specified right, class of right, provision or class of | |
provision, | |
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(d) only in relation to a specified transfer, or | |
(e) by reference to a combination of matters mentioned in paragraphs (b) | |
to (d). | |
(4) Paragraph 2(3) of Schedule 12 to that Act shall not apply in respect of the | |
transfer of property, rights or liabilities which— | 5 |
(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 | |
(b) arise out of property, rights or liabilities transferred as described in | |
paragraph (a). | 10 |
(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 | |
as if— | |
(i) the reference to Transport for London in subsection (1) included | 15 |
a reference to London Regional Transport, and | |
(ii) the list of bodies in subsection (2) included London | |
Underground Limited and any subsidiary, | |
(b) section 221 of that Act (Public-Private Partnership administration | |
order) shall have effect as if a reference to the Mayor were a reference | 20 |
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 | |
were a reference to London Regional Transport, and | |
(d) Schedules 14 and 15 to that Act (Public-Private Partnership | 25 |
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. | |
(6) Section 425(3) of that Act (restriction on commencement of sections 220 to 224) | |
shall cease to have effect. | 30 |
109 Railways in London: information | |
(1) The enactments listed in subsection (2) shall not prevent or restrict the | |
provision of information to the Public-Private Partnership Agreement Arbiter | |
appointed under section 225(1) of the Greater London Authority Act 1999 | |
(c. 29). | 35 |
(2) Those enactments are— | |
(a) section 133 of the Fair Trading Act 1973 (c. 41), | |
(b) section 174 of the Consumer Credit Act 1974 (c. 39), | |
(c) section 10 of the Estate Agents Act 1979 (c. 38), | |
(d) section 19 of the Competition Act 1980 (c. 21), | 40 |
(e) section 101 of the Telecommunications Act 1984 (c. 12), | |
(f) section 74 of the Airports Act 1986 (c. 31), | |
(g) section 38 of the Consumer Protection Act 1987 (c. 43), | |
(h) section 206 of the Water Industry Act 1991 (c. 56), | |
(i) section 204 of the Water Resources Act 1991 (c. 57), | 45 |
(j) section 145 of the Railways Act 1993 (c. 43), | |
(k) section 55 of the Competition Act 1998 (c. 41), | |
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(l) section 105 of the Utilities Act 2000 (c. 27), and | |
(m) section 237 of the Enterprise Act 2002 (c. 40). | |
Part 7 | |
General | |
110 Schedules 1 and 4: sequestration, &c. in Scotland | 5 |
Where a person becomes, under paragraph 2(d) of Schedule 1, liable to | |
dismissal or, under paragraph 7(4) of Schedule 4, ineligible for appointment— | |
(a) by reason that his estate has been sequestrated, he shall cease to be so | |
liable or ineligible— | |
(i) in the case of the sequestration of his estate being recalled or | 10 |
reduced, on the date of that event; and | |
(ii) in any other case, on his obtaining a discharge; | |
(b) by reason of his having made a composition or arrangement with, or | |
granted a trust deed for, his creditors, he shall cease to be so liable or | |
ineligible— | 15 |
(i) in the case of his paying his debts in full, on the date on which | |
the payment is completed; and | |
(ii) in any other case, at the end of the period of five years beginning | |
with the date on which the terms of the deed of composition or | |
arrangement or trust deed are fulfilled. | 20 |
111 Repeals | |
The enactments listed in Schedule 7 are hereby repealed to the extent specified. | |
112 Money | |
Expenditure of the Secretary of State in consequence of this Act shall be paid | |
out of money provided by Parliament. | 25 |
113 Commencement | |
(1) Subject to subsections (5) to (8), 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; | 30 |
(b) may make different provision for different purposes; | |
(c) may make transitional, consequential or incidental provision. | |
(3) An order under this section in respect of Schedule 1 may, in particular, make | |
provision to have effect in place of the provision relating to bankruptcy | |
restrictions orders while the enactment conferring power to make those orders | 35 |
has not come into force. | |
(4) An order under this section shall be made by statutory instrument. | |
(5) Section 101 (and the relevant entry in Schedule 7) shall come into force on the | |
passing of this Act. | |
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(6) 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. | |
(7) Section 106 (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. | 5 |
(8) Section 108(and the relevant entry in Schedule 7) shall come into force on the | |
passing of this Act. | |
114 Extent | |
(1) The following provisions of this Act make provision about extent or territorial | |
application— | 10 |
(a) section 13 (in relation to Part 1), | |
(b) section 16 (in relation to Part 2), | |
(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 | 15 |
(f) sections 100(6), 104(2) and 106(9) (in Part 6). | |
(2) An amendment or repeal of an enactment effected by this Act shall have the | |
same extent as the enactment (or the relevant part of the enactment) amended | |
or repealed. | |
(3) Subsection (2)— | 20 |
(a) has effect despite any of the provisions listed in subsection (1), but | |
(b) does not apply to section 104. | |
115 Short title | |
This Act may be cited as the Railways and Transport Safety Act 2003. | |
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