|
| |
|
(2) | Where the Secretary of State considers that any of the statutory or other |
| |
| |
(a) | a government department, or |
| |
(b) | any other public authority, |
| |
| can appropriately be carried out by the Office of Rail Regulation in |
| 5 |
connection with the carrying out of its safety functions, he may authorise the |
| |
Office and that department or authority to enter into an agreement for that |
| |
Office to carry out those functions on behalf of that department or authority. |
| |
(3) | An agreement under this paragraph— |
| |
(a) | may include provision for payments to be made to the Office of Rail |
| 10 |
Regulation for the carrying out of the functions that it is authorised |
| |
or required to carry out under the agreement; but |
| |
(b) | may not authorise or require the Office of Rail Regulation to carry |
| |
out any function consisting in a power to make regulations or other |
| |
instruments of a legislative character. |
| 15 |
Government departments and other public authorities acting as agent of ORR |
| |
8 (1) | Where the Office of Rail Regulation considers that any of its safety functions |
| |
can appropriately be carried out— |
| |
(a) | by a government department, or |
| |
(b) | by any other public authority, |
| 20 |
| that Office and the department or authority may enter into an agreement for |
| |
the department or authority to carry out those functions on that Office’s |
| |
| |
(2) | An agreement under this paragraph may include provision for payments to |
| |
be made by the Office of Rail Regulation to a government department or |
| 25 |
public authority for the carrying out of the functions that it is authorised or |
| |
required to carry out under the agreement. |
| |
Restrictions on codes of practice by HSC |
| |
9 (1) | In subsection (1) of section 16 of the 1974 Act (codes of practice with respect |
| |
to the requirements of certain provisions), for “sections 2 to 7 or of health and |
| 30 |
safety regulations or of any of the existing statutory provisions” substitute |
| |
“any of the enactments or instruments mentioned in subsection (1A) below”. |
| |
(2) | After that subsection insert— |
| |
“(1A) | Those enactments and instruments are— |
| |
(a) | sections 2 to 7 above; |
| 35 |
(b) | health and safety regulations, except so far as they make |
| |
provision exclusively in relation to transport systems falling |
| |
within paragraph 1(3) of Schedule 3 to the Railways Act 2005; |
| |
| |
(c) | the existing statutory provisions that are not such provisions |
| 40 |
by virtue of section 117(4) of the Railways Act 1993.” |
| |
Co-operation with the HSC |
| |
10 (1) | It shall be the duty of the Office of Rail Regulation and the Health and Safety |
| |
| |
|
| |
|
| |
|
(a) | as soon as practicable after the commencement of this paragraph, to |
| |
enter into arrangements with each other for securing co-operation |
| |
and the exchange of information in connection with the carrying out |
| |
| |
(b) | to maintain and from time to time to review those arrangements; and |
| 5 |
(c) | to revise them whenever they consider it appropriate to do so. |
| |
(2) | In sub-paragraph (1) “safety functions” means all the functions of the Health |
| |
and Safety Commission and of the Health and Safety Executive and the |
| |
safety functions of the Office of Rail Regulation. |
| |
(3) | In section 18(5)(b) of the 1974 Act (duty of enforcing authority to act in |
| 10 |
accordance with guidance of HSC), at the beginning insert “except where |
| |
that authority is the Office of Rail Regulation,”. |
| |
Information powers corresponding to section 27 of the 1974 Act |
| |
11 (1) | The Office of Rail Regulation may serve a notice under this paragraph on |
| |
any person for the purpose of obtaining information which that Office needs |
| 15 |
for the carrying out of its safety functions. |
| |
(2) | A notice under this paragraph is one requiring the person on whom it is |
| |
| |
(a) | to provide the Office of Rail Regulation with information about such |
| |
matters as may be specified in the notice; and |
| 20 |
(b) | to do so in the form and manner so specified. |
| |
(3) | The consent of the Secretary of State is required for the service of a notice |
| |
| |
(4) | The consents that may be given for the purposes of sub-paragraph (3) |
| |
include a general consent relating to notices of a specified description. |
| 25 |
(5) | Nothing in the Statistics of Trade Act 1947 (c. 39) is to be construed as |
| |
preventing or penalising the disclosure by a Minister of the Crown or |
| |
government department to— |
| |
(a) | the Office of Rail Regulation, |
| |
(b) | a member, officer or employee of that Office, or |
| 30 |
(c) | a committee established by that Office, |
| |
| of information falling within sub-paragraph (6) about an undertaking |
| |
(within the meaning of that Act). |
| |
(6) | Information about an undertaking falls within this sub-paragraph if it |
| |
| 35 |
(a) | the names and addresses of the persons carrying on the undertaking; |
| |
(b) | the nature of the undertaking’s activities; |
| |
(c) | the number of persons of different descriptions who work in the |
| |
| |
(d) | the addresses or places where activities of the undertaking are or |
| 40 |
| |
(e) | the nature of the activities carried on there; or |
| |
(f) | the number of persons of different descriptions who work or worked |
| |
in the undertaking there. |
| |
|
| |
|
| |
|
(7) | A person to whom a disclosure that is authorised by sub-paragraph (5) is |
| |
made must not use the information except for the purposes of the safety |
| |
functions of the Office of Rail Regulation. |
| |
(8) | It is an offence for a person— |
| |
(a) | to contravene a requirement imposed by a notice under this |
| 5 |
| |
(b) | to use information in contravention of sub-paragraph (7). |
| |
(9) | A person guilty of an offence under sub-paragraph (8) shall be liable— |
| |
(a) | on summary conviction, to a fine not exceeding the statutory |
| |
| 10 |
(b) | on conviction on indictment— |
| |
(i) | in the case of an offence of contravening a notice, to a fine; |
| |
| |
(ii) | in the case of an offence of using information in |
| |
contravention of sub-paragraph (7), to imprisonment for a |
| 15 |
term not exceeding two years or to a fine, or to both. |
| |
(10) | Section 52 of the 1974 Act (meaning of “work” and related expressions) |
| |
applies for the purposes of this paragraph as it applies for the purposes of |
| |
| |
| 20 |
12 (1) | Section 43A of the 1974 Act (railway safety levy) is amended as follows. |
| |
(2) | In subsection (2) (expenses in respect of which levy raised), for paragraphs |
| |
| |
“(a) | in respect of activities undertaken by the Office of Rail |
| |
Regulation under or by virtue of this Act or Schedule 3 to the |
| 25 |
| |
(b) | in respect of activities in relation to a transport system falling |
| |
within paragraph 1(3) of that Schedule that are undertaken |
| |
by that Office under or by virtue of any other enactment.” |
| |
(3) | In subsections (5) and (6), for “Commission or the Executive” substitute |
| 30 |
“Office of Rail Regulation”. |
| |
(4) | In subsection (9), for “to which section 117 of the Railways Act 1993 applies” |
| |
substitute “falling within paragraph 1(3) of Schedule 3 to the Railways Act |
| |
| |
Removal of requirement of consultation with HSC for railway safety regulations |
| 35 |
13 | In section 50 of the 1974 Act (consultation with HSC), after subsection (1) |
| |
| |
“(1A) | Subsection (1) does not apply to the exercise of a power to make |
| |
regulations so far as it is exercised— |
| |
(a) | for giving effect (with or without modifications) to proposals |
| 40 |
submitted by the Office of Rail Regulation under paragraph |
| |
2(5) of Schedule 3 to the Railways Act 2005; or |
| |
(b) | otherwise for or in connection with the railway safety |
| |
| |
|
| |
|
| |
|
| |
| |
“the 1974 Act” means the Health and Safety at Work etc. Act 1974 |
| |
| |
“railway safety purposes” has the meaning given by paragraph 1. |
| 5 |
(2) | In this Schedule a reference to the safety functions of the Office of Rail |
| |
Regulation is a reference to— |
| |
(a) | its functions under this Schedule; |
| |
(b) | its functions under the 1974 Act; and |
| |
(c) | its other functions so far as carried out for the railway safety |
| 10 |
| |
(3) | In section 53(1) of the 1974 Act (interpretation of Part 1), after the definition |
| |
of “prohibition notice” insert— |
| |
“‘railway safety purposes’ has the same meaning as in Schedule |
| |
3 to the Railways Act 2005;”. |
| 15 |
| |
| |
Reviews by ORR of access charges and licence conditions |
| |
| |
1 | Schedule 4A to the 1993 Act (review of access charges by ORR) is amended |
| |
| 20 |
Conduct of access charges reviews |
| |
2 | For paragraph 1 (meaning of access charges review) substitute— |
| |
| |
1 | This Schedule applies where an access agreement provides, or is |
| |
treated as providing, for the Office of Rail Regulation to undertake |
| 25 |
reviews of the terms of that agreement as to— |
| |
(a) | the amounts payable under the agreement by one of the |
| |
parties to the other; and |
| |
(b) | the times at which, and the manner in which, those |
| |
| 30 |
| |
1A (1) | Where the Office of Rail Regulation undertakes such a review, it |
| |
must, at the same time, review the conditions of every linked |
| |
| |
(a) | in relation to the matters mentioned in paragraph 1(a) and |
| 35 |
| |
(b) | in relation to the matters about which that Office is |
| |
provided with information under paragraph 1D. |
| |
|
| |
|
| |
|
(2) | A review by that Office of both— |
| |
(a) | the terms of an access agreement as to the matters |
| |
mentioned in paragraph 1(a) and (b), and |
| |
(b) | the conditions of a linked licence, |
| |
| is referred to in this Schedule as an access charges review. |
| 5 |
(3) | An access charges review must include a consideration of— |
| |
(a) | the time at which the next access charges review is to be |
| |
undertaken in relation to both the access agreement in |
| |
question and every linked licence; and |
| |
(b) | the circumstances in which it would be appropriate to |
| 10 |
undertake such a review before that time. |
| |
(4) | In this Schedule ‘linked licence’, in relation to an access |
| |
agreement, means a licence of which the holder is— |
| |
(a) | the facility owner, or installation owner, who is a party to |
| |
| 15 |
(b) | a person other than that owner who has an estate or |
| |
interest in the railway facility or network installation to |
| |
which the agreement relates or who has a right over it. |
| |
Response to request to carry out review |
| |
| 20 |
(a) | the Secretary of State or the Scottish Ministers suggest to |
| |
the Office of Rail Regulation that an access charges review |
| |
should be carried out in any case, but |
| |
(b) | that Office decides not to carry out the suggested review, |
| |
| that Office must provide the Secretary of State or Scottish |
| 25 |
Ministers with its reasons for that decision. |
| |
Notice of access charges review |
| |
1C (1) | Before beginning an access charges review, the Office of Rail |
| |
Regulation must give notice of its proposal to undertake the |
| |
review to each of the following— |
| 30 |
(a) | the Secretary of State; |
| |
(b) | the Scottish Ministers; |
| |
| |
(d) | the parties to the access agreement in question; and |
| |
(e) | such other persons as that Office considers appropriate. |
| 35 |
(2) | No notice is required to be given under sub-paragraph (1) to the |
| |
Secretary of State or the Scottish Ministers— |
| |
(a) | in the case of the Secretary of State, if the facility or |
| |
installation to which the relevant agreement relates is |
| |
situated wholly in Scotland; or |
| 40 |
(b) | in the case of the Scottish Ministers, if the facility or |
| |
installation to which the relevant agreement relates is |
| |
situated wholly in England and Wales. |
| |
(3) | A notice under this paragraph must set out— |
| |
|
| |
|
| |
|
(a) | the period to which the Office of Rail Regulation expects |
| |
the review to relate (‘the review period’); |
| |
(b) | the date by which the Secretary of State, the Scottish |
| |
Ministers or (as the case may be) each of them needs to |
| |
provide the information that has to be provided under |
| 5 |
| |
(c) | any conditions which that Office requires to be satisfied in |
| |
the period ending with that date if it is to proceed with the |
| |
| |
(4) | The period set out under sub-paragraph (3)(a) must be the one |
| 10 |
| |
(a) | begins with the time as from which the Office of Rail |
| |
Regulation expects that any changes resulting from the |
| |
review would fall to be implemented; and |
| |
(b) | ends with the time as from which it thinks it likely (in the |
| 15 |
absence of special circumstances making an earlier review |
| |
appropriate) that any changes resulting from the next |
| |
access review in relation to the same agreement and licence |
| |
would fall to be implemented. |
| |
(5) | The date set out under sub-paragraph (3)(b) must be not less than |
| 20 |
the following period after the date of the notice— |
| |
(a) | in a case which the Office of Rail Regulation is satisfied is |
| |
a case of urgency, four weeks; and |
| |
(b) | in any other case, three months. |
| |
(6) | Before setting out a date under sub-paragraph (3)(b) that is less |
| 25 |
than three months after the date of the notice, the Office of Rail |
| |
Regulation must consult each of the persons to whom the notice is |
| |
| |
Duty to notify ORR about desired outputs and finances |
| |
1D (1) | Where a notice under paragraph 1C is given to the Secretary of |
| 30 |
State, he must provide the Office of Rail Regulation with— |
| |
(a) | information about what he wants to be achieved by |
| |
railway activities in Great Britain as a whole during the |
| |
| |
(b) | such information as it is reasonable for him to provide |
| 35 |
about the public financial resources that are or are likely to |
| |
become available to be applied during the review period |
| |
for purposes that contribute (directly or indirectly) |
| |
towards the achievement of what he wants. |
| |
(2) | Where a notice under paragraph 1C is given to the Scottish |
| 40 |
Ministers (whether instead of or as well as to the Secretary of |
| |
State), they must provide the Office of Rail Regulation with— |
| |
(a) | information about what they want to be achieved by |
| |
Scottish railway activities during the review period; and |
| |
(b) | such information as it is reasonable for them to provide |
| 45 |
about the public financial resources that are or are likely to |
| |
become available to be applied during that period for |
| |
purposes that contribute (directly or indirectly) towards |
| |
the achievement of what they want. |
| |
|
| |
|
| |
|
(3) | The information that may be provided as falling within sub- |
| |
paragraph (1)(a) or (2)(a) includes objectives and standards to be |
| |
achieved in the course of carrying on railway activities. |
| |
(4) | Those objectives and standards may include, in particular, |
| |
objectives and standards with respect to any of the following |
| 5 |
| |
(a) | the capacity (in terms of types and numbers of trains) of |
| |
| |
(b) | the frequency of railway passenger services; |
| |
| 10 |
(d) | reliability of railway services (both in terms of punctuality |
| |
| |
(e) | the taking of measures to prevent or mitigate |
| |
| |
(f) | levels and types of fares; |
| 15 |
(g) | the quality of information provided to passengers; |
| |
(h) | the accessibility of railway services to people with |
| |
| |
(i) | the carrying out of major projects to improve railway |
| |
| 20 |
(j) | the protection of persons from dangers arising from the |
| |
| |
(5) | In a case where information is also required to be provided by the |
| |
Scottish Ministers, the information that is required to be provided |
| |
by the Secretary of State does not include— |
| 25 |
(a) | any information about what he wants to be achieved by |
| |
Scottish railway activities not relating to cross-border |
| |
| |
(b) | information about any public financial resources so far as |
| |
they appear to him to be available, or to be likely to become |
| 30 |
available, to be applied for purposes relating only to such |
| |
| |
(6) | An obligation of the Secretary of State or the Scottish Ministers to |
| |
provide information under this paragraph— |
| |
(a) | must be discharged before the date set out in the notice |
| 35 |
given under paragraph 1C or, if a later date is fixed under |
| |
sub-paragraph (7), by that later date; but |
| |
(b) | may be discharged by a notification that refers that Office |
| |
to information previously provided under this paragraph. |
| |
(7) | The Office of Rail Regulation may at any time, by notice to each of |
| 40 |
the persons to whom the notice under paragraph 1C was given, fix |
| |
a later date for the provision of information under this paragraph. |
| |
| |
(a) | the Secretary of State, nor |
| |
(b) | the Scottish Ministers, |
| 45 |
| are required to provide information for the purposes of a review |
| |
at any time after a decision has been made by the Office of Rail |
| |
Regulation not to proceed with the review because of an actual or |
| |
|
| |
|