Railways Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Railways Bill

Railways Bill
Schedule 12 — Other minor and consequential amendments
133

(i)
for “each Rail Passengers’ Committee” substitute “the
London Transport Users’ Committee”;
(ii)
in paragraphs (a), (b) and (c), for “Rail Passengers’
Committee”, in each place, substitute “the London Transport
Users’ Committee”;
5
(iii)
omit the words from “and copies” to the end;
(b)
subsection (5) shall cease to have effect;
(c)
in subsection (6ZA)—
(i)
omit “in the case of any Rail Passengers’ Committee” and
“that Rail Passengers’ Committee and”;
10
(ii)
after “Rail Passengers’ Council” insert “and the London
Transport Users’ Committee”;
(d)
in subsection (6A), for “A Rail Passengers’ Committee” substitute
“Each of the Rail Passengers’ Council and the London Transport
Users’ Committee”; and
15
(e)
subsection (20) shall cease to have effect.
Transport Act 1968 (c. 73)
2     (1)
The Transport Act 1968 is amended as follows.
      (2)
In section 55 (transport consultative committees), for “Rail Passengers’
Committees” substitute “London Transport Users’ Committee”.
20
      (3)
In subsection (2A) of section 56 (financial assistance for capital expenditure
incurred in connection with public passenger transport facilities), for the
words from “the Strategic” to “franchising functions” substitute “a national
authority under which the national authority undertakes to exercise any of
its functions in relation to railways or railway services”.
25
      (4)
In subsection (2B) of that section—
(a)
omit the definition of “franchising functions”;
(b)
before the definition of “relevant local authority” insert—
“‘national authority’ means the Secretary of State, the
Scottish Ministers or the National Assembly for
30
Wales;”.
Chronically Sick and Disabled Persons Act 1970 (c. 44)
3
In section 14(1) of the Chronically Sick and Disabled Persons Act 1970
(miscellaneous advisory committees), for “Rail Passengers’ Committees,”
substitute “or”.
35
Fire Precautions Act 1971 (c. 40)
4
In section 18 of the Fire Precautions Act 1971, for subsection (2) (power of fire
and rescue authorities to make arrangements with the HSC) substitute—
“(2)
A fire and rescue authority may arrange in relation to any work
premises—
40
(a)
where an appropriate enforcement body is the Office of Rail
Regulation, with that Office, and

Railways Bill
Schedule 12 — Other minor and consequential amendments
134

(b)
where that Office is not an appropriate enforcement body or
is not the only such body, with the Health and Safety
Commission,

for such of the authority’s functions under this Act as may be
specified in the arrangements to be performed in relation to those
5
premises, on behalf of the authority by that Office or (as the case may
be) by the Health and Safety Executive
(2A)
Those arrangements may include arrangements for payments to be
made by the fire and rescue authority in respect of the performance
of the functions in question by the Office of Rail Regulation or by the
10
Health and Safety Executive.
(2B)
In subsection (2)—
‘appropriate enforcement body’, in relation to any premises,
means a person responsible under Part 1 of the Health and
Safety at Work etc. Act 1974 (c. 37) for the enforcement of
15
relevant statutory provisions (within the meaning of Part 1 of
that Act) in relation to those premises; and
‘work premises’ means premises which are used as a place of
work (within the meaning of Part 1 of that Act).”
Superannuation Act 1972 (c. 11)
20
5
In Schedule 1 to the Superannuation Act 1972 (types of employment in
relation to which schemes may be made), at the appropriate place in the list
of “Other Bodies” insert—
“The Rail Passengers’ Council.”
Level Crossings Act 1983 (c. 16)
25
6     (1)
Section 1 of the Level Crossings Act 1983 is amended as follows.
      (2)
In subsection (6A) of that section (duty of the operator of a level crossing to
make a request to the Secretary of State for an order where the HSE gives
written notice to the operator that a request should be made), for “Health
and Safety Executive” substitute “Office of Rail Regulation”.
30
      (3)
In subsection (10B) of that section (duty of the Secretary of State to take
account of advice given by or on behalf of the HSC), for “Health and Safety
Commission” substitute “Office of Rail Regulation”.
Telecommunications Act 1984 (c. 12)
7
In section 101 of the Telecommunications Act 1984 (general restrictions on
35
disclosure of information), in subsection (3), at the end insert—
“(r)
the Railways Act 2005.”
Transport Act 1985 (c. 67)
8
In section 6(1) of the Transport Act 1985 (local bus services), for the words
from “Strategic Rail Authority” onwards substitute “Secretary of State
40
entered into under section 40 of the Railways Act 2005 (substitution services
provided for interrupted or discontinued railway services)”.

Railways Bill
Schedule 12 — Other minor and consequential amendments
135

Airports Act 1986 (c. 31)
9
In section 74 of the Airports Act 1986 (restriction on disclosure of
information), in subsection (3), at the end insert—
“(s)
the Railways Act 2005.”
Water Industry Act 1991 (c. 56)
5
10
In Schedule 15 to the Water Industry Act 1991 (disclosure of information), in
Part 2 (enactments etc in respect of which disclosure may be made), at the
end insert—
“The Railways Act 2005.”
Water Resources Act 1991 (c. 57)
10
11
In Schedule 24 to the Water Resources Act 1991 (disclosure of information),
in Part 2 (enactments etc in respect of which disclosure may be made), at the
end insert—
“The Railways Act 2005.”
Deregulation and Contracting Out Act 1994 (c. 40)
15
12    (1)
Section 37 of the Deregulation and Contracting Out Act 1994 (power to
repeal certain health and safety provisions) is amended as follows.
      (2)
In subsection (2) of that section—
(a)
for paragraph (a) substitute—
“(a)
in the case of regulations under paragraph (a) of that
20
subsection repealing or revoking a provision
specified in section 117(4) of the Railways Act 1993,
the Office of Rail Regulation,
(aa)
in the case of regulations under paragraph (a) of that
subsection not falling within paragraph (a) of this
25
subsection, the Health and Safety Commission,
(ab)
in the case of regulations under paragraph (b) of that
subsection revoking a provision of regulations which
make provision exclusively in relation to transport
systems falling within paragraph 1(3) of Schedule 3 to
30
the Railways Act 2005, the Office of Rail Regulation,
(ac)
in the case of regulations under paragraph (b) of that
subsection not falling within paragraph (ab) of this
subsection, the Health and Safety Commission,”; and
(b)
in the words after paragraph (b), for “either” substitute “any”.
35
      (3)
In subsections (3) and (4) of that section, for the words from “the Health”, in
the first place where they occur in each subsection, to “Ireland” substitute
“the required consultee”.
      (4)
After subsection (4) of that section, insert—
“(4A)
In subsections (3) and (4), ‘the required consultee’ means the body
40
which the appropriate authority is required to consult by virtue of
subsection (2)(a) to (b).”

Railways Bill
Schedule 12 — Other minor and consequential amendments
136

Railway Heritage Act 1996 (c. 42)
13    (1)
The Railway Heritage Act 1996 is amended as follows.
      (2)
In section 1 (bodies to which the Act applies)—
(a)
in paragraph (f), for the words from “Strategic” to the end substitute
“Secretary of State”;
5
(b)
in paragraph (g), for “Authority” substitute “Secretary of State”.
      (3)
In section 2 (establishment of statutory committee)—
(a)
in paragraph (a) of subsection (2), omit “the Authority with the
approval of”;
(b)
in paragraph (c) of that subsection, for “requiring the Authority”
10
substitute “for the Secretary of State”;
(c)
in subsection (3), for “the Authority and with such other” substitute
“such”.
      (4)
In section 4(6)(b) (exclusion of a disposal made in accordance with a transfer
scheme under the 2000 Act from the application of sections 4 and 5), after
15
“Transport Act 2000” insert “or the Railways Act 2005”.
Greater London Authority Act 1999 (c. 29)
14    (1)
The Greater London Authority Act 1999 is amended as follows.
      (2)
In section 175(1)(a)(ii) (co-operation between Transport for London and the
Secretary of State), for the words from “whose provision” to “Railways Act
20
1993” substitute “are secured services (within the meaning of Part 4 of the
Railways Act 2005) provided by or on behalf of the Secretary of State”.
      (3)
In section 177(1)(b) and (2) (provision of extra passenger transport services
and facilities), for “Strategic Rail Authority” substitute “Secretary of State”.
      (4)
In section 179(3) (London local bus services), for the words from “Strategic
25
Rail Authority” to “railway service)” substitute “Secretary of State entered
into under section 40 of the Railways Act 2005 (substitution services
provided for interrupted or discontinued railway services)”.
      (5)
In section 235(2)(b) (exception to the restriction on disclosure of information
for a disclosure made for the purpose of facilitating the carrying out of
30
certain statutory functions)—
(a)
omit “the Strategic Rail Authority,”; and
(b)
at the end insert “or the Railways Act 2005”.
      (6)
In section 240(2) and (7) (arrangements with London authorities for travel
concessions), for “Strategic Rail Authority”, wherever occurring, substitute
35
“Secretary of State”.
      (7)
In section 247(2) (consultation with the SRA about appointments to the
LTUC), for “Strategic Rail Authority” substitute “Secretary of State”.
      (8)
In section 250(2) (persons to whom LTUC annual report is to be made), for
“Strategic Rail Authority” substitute “Secretary of State”.
40
      (9)
In paragraphs 9, 11 and 15 of Schedule 18 (consultation by LTUC with SRA
and information provided to SRA by LTUC), for “Strategic Rail Authority”,
in each place, substitute “Secretary of State”.

Railways Bill
Schedule 12 — Other minor and consequential amendments
137

Postal Services Act 2000 (c. 26)
15
In paragraph 3 of Schedule 7 to the Postal Services Act 2000 (disclosure of
information), in sub-paragraph (3), after paragraph (gj) insert—
“(gk)
the Railways Act 2005,”.
Utilities Act 2000 (c. 27)
5
16
In section 105 of the Utilities Act 2000 (general restrictions on disclosure of
information), in subsection (6), at the end insert—
“(u)
the Railways Act 2005.”
Transport Act 2000 (c. 38)
17    (1)
The 2000 Act is amended as follows.
10
      (2)
In section 137(4)(d) (required notice in connection with the making of a
ticketing scheme), for “Strategic Rail Authority” substitute “Secretary of
State”.
      (3)
In subsection (1) of section 228 (extension of functions of Rail Passengers’
Council and Rail Passengers’ Committees), for “Sections 76 and 77”
15
substitute “Section 76” and for “are amended” substitute “is amended”.
      (4)
In subsection (1) of section 248 (substitute services to be suitable for disabled
persons), for paragraph (b) substitute—
“(b)
the provision of such services is secured by the Secretary of
State, the Scottish Ministers or the National Assembly for
20
Wales.”
      (5)
In subsection (2) of that section, for “In doing so the person or Authority”
substitute “In providing or securing the provision of the services, the person
providing them, the Secretary of State, the Scottish Ministers or the National
Assembly for Wales”.
25
      (6)
In subsection (3) of that section—
(a)
for “the person or Authority” substitute “a person”; and
(b)
omit the words “or it”.
      (7)
In paragraph 3(3) of Schedule 9 (air traffic: information), after paragraph (rc)
insert—
30
“(rd)
the Railways Act 2005;”.
      (8)
In Schedule 25 (transfer of BR’s property etc. to Secretary of State), after
paragraph 12 insert—
“Duties in relation to foreign property
12A   (1)
Where there is a transfer in accordance with a transfer scheme of—
35
(a)
foreign property, or
(b)
a foreign right or liability,

the Board and the Secretary of State must take all requisite steps to
secure that the vesting of the foreign property, right or liability in
the Secretary of State by this Act is effective under the relevant
40
foreign law.

Railways Bill
Schedule 12 — Other minor and consequential amendments
138

      (2)
Until the vesting of the foreign property, right or liability in the
Secretary of State in accordance with the transfer scheme is
effective under the relevant foreign law, the Board must—
(a)
hold the property or right for the benefit of the Secretary of
State; or
5
(b)
discharge the liability on behalf of the Secretary of State.
      (3)
Nothing in sub-paragraph (1) or (2) prejudices the effect under the
law of a part of the United Kingdom of the vesting of any foreign
property, right or liability in the Secretary of State in accordance
with a transfer scheme.
10
      (4)
References in this paragraph to foreign property, or to a foreign
right or liability, are references to any property, right or liability as
respects which an issue arising in any proceedings would be
determined (in accordance with the rules of private international
law) by reference to the law of a country or territory outside the
15
United Kingdom.
      (5)
An obligation imposed under this paragraph in relation to
property, rights or liabilities shall be enforceable as if contained in
a contract between the Board and the Secretary of State.”
      (9)
In paragraph 10 of Schedule 28 (transitional provision in relation to section
20
56 of the Transport Act 1962 (c. 46))—
(a)
for “Rail Passengers’ Committees” substitute “London Transport
Users’ Committee”;
(b)
in paragraph (a), for “sections 76 and 77” substitute “section 76”;
(c)
in paragraph (b), for “those subsections” substitute “that subsection”.
25
Enterprise Act 2002 (c. 40)
18    (1)
The Enterprise Act 2002 is amended as follows.
      (2)
In subsection (4) of section 168 (duty of Competition Commission and the
Secretary of State in relation to regulated markets)—
(a)
in paragraph (h), omit “where none of the conditions of the licence
30
relate to consumer protection”;
(b)
paragraph (i) shall cease to have effect; and
(c)
in paragraph (k), for the words from “Strategic” to the end substitute
“Secretary of State, the Scottish Ministers and the National Assembly
for Wales under section 4 of the Act of 1993”.
35
      (3)
In subsection (5) of that section, for paragraph (j) substitute—
“(j)
the Secretary of State;
(k)
the Scottish Ministers; or
(l)
the National Assembly for Wales.”
      (4)
In Schedule 15 (enactments for the purposes of which disclosures of
40
information are allowed), at the end insert—

“Railways Act 2005 (c 00)”.