Railways Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Railways Bill

Railways Bill
Schedule 4 — Reviews by ORR of access charges and licence conditions
91

expected failure of the conditions set out under paragraph 1C(3)(c)
to be satisfied.
      (9)
In this paragraph ‘railway activities’ means activities consisting
in, or involving, any of the following—
(a)
providing railway services;
5
(b)
making available railway facilities;
(c)
making use of such facilities;
(d)
using railway assets;
(e)
allowing others to use such assets.
     (10)
In this paragraph ‘Scottish railway activities’ means activities
10
which are railway activities by reference only to—
(a)
railway services which begin and end in Scotland;
(b)
railway services in relation to which financial assistance is
provided by the Scottish Ministers and which (without
falling within paragraph (a)) begin or end in Scotland;
15
(c)
railway facilities that are situated in Scotland; or
(d)
railway assets so situated.
     (11)
In this paragraph ‘public financial resources’ means any of the
following—
(a)
money charged on and payable out of the Consolidated
20
Fund;
(b)
money provided by Parliament;
(c)
money payable out of the Scottish Consolidated Fund.
Suggestions about future reviews
1E
Where the Secretary of State or the Scottish Ministers provide the
25
Office of Rail Regulation with information under paragraph 1D,
he or they may also, at the same time, make a suggestion to that
Office setting out his or their opinion about—
(a)
when the next access charges review should be undertaken
in relation to both the access agreement in question and
30
every linked licence; and
(b)
the circumstances in which it would be appropriate to
undertake such a review before that time.
Revision of outputs and financial information
1F    (1)
If, at any time in the course of an access charges review, it appears
35
to the Office of Rail Regulation that—
(a)
the information that has been provided to it by the
Secretary of State or the Scottish Ministers under
paragraph 1D, or
(b)
the information, taking it all together, that has been so
40
provided by the Secretary of State and the Scottish
Ministers,

shows that the public financial resources that are or are likely to
become available will be inadequate to secure the achievement of
what he or they, or both of them, want to be achieved, that Office
45

Railways Bill
Schedule 4 — Reviews by ORR of access charges and licence conditions
92

must so notify the Secretary of State or the Scottish Ministers or (as
the case may be) each of them.
      (2)
The Office of Rail Regulation must send a copy of every
notification under sub-paragraph (1) to the Treasury.
      (3)
On being notified under sub-paragraph (1), the Secretary of State
5
or the Scottish Ministers or (as the case may be) each of them—
(a)
may revise any information provided to the Office of Rail
Regulation, together with any suggestion made under
paragraph 1E; and
(b)
if the information or such a suggestion is revised, must
10
notify the revisions to that Office.
      (4)
Any notification under sub-paragraph (3) must be given within
whatever period is specified by the Office of Rail Regulation when
notifying the Secretary of State or Scottish Ministers in accordance
with sub-paragraph (1).
15
      (5)
Where the Office of Rail Regulation has already given a
notification under this paragraph with respect to any information,
it is required to give a further notification under this paragraph
with respect to that information, or any revision of it, only if—
(a)
a revision has been made in response to its previous
20
notification; and
(b)
it has not previously given a notification in respect of an
earlier revision of the information.
Duty to have regard to information about desired outputs and finances etc
1G    (1)
The Office of Rail Regulation must conduct an access charges
25
review in the manner that it considers is most likely to secure that
the implementation of the review will make the best and most
practicable contribution to the achievement of—
(a)
what the Secretary of State wants to be achieved by railway
activities in Great Britain as a whole; and
30
(b)
what the Scottish Ministers want to be achieved by Scottish
railway activities.
      (2)
Where in the case of an access charges review the Office of Rail
Regulation considers (notwithstanding any notification or
revision under paragraph 1F) that the public financial resources
35
that are or are likely to become available will be inadequate to
secure the achievement of, as the case may be—
(a)
everything that the Secretary of State wants to be achieved,
(b)
everything that the Scottish Ministers want to be achieved,
or
40
(c)
everything that both the Secretary of State and the Scottish
Ministers want to be achieved,

it is to be for that Office to determine, for the purposes of the
review, how much of what is wanted should be achieved using
(but only for the purposes for which they may be applied) all the
45
public financial resources that it considers are or are likely to be
available.

Railways Bill
Schedule 4 — Reviews by ORR of access charges and licence conditions
93

      (3)
In considering the matters mentioned in paragraph 1A(3), the
Office of Rail Regulation must have regard to any suggestion
made under paragraph 1E, and to any revision of that suggestion.
      (4)
For the purposes of this paragraph—
(a)
expressions used in this paragraph and in paragraph 1D
5
have the same meanings in this paragraph as in that;
(b)
what the Secretary of State or the Scottish Ministers want
must be determined in every case in accordance with the
information provided in that case under paragraph 1D,
and with any revisions notified under paragraph 1F(3)(b);
10
and
(c)
the Office of Rail Regulation must have regard to the
financial information so provided and revised whenever
considering what is likely to make the best and most
practicable contribution to the achievement of what the
15
Secretary of State or the Scottish Ministers want.”
Repeal of paragraph 3
3
Paragraph 3 (which provides for consideration of when the next review
should be undertaken) shall cease to have effect.
Implementation notice
20
4     (1)
In paragraph 4 (review notice), after sub-paragraph (2) insert—
   “(2A)
Before giving a review notice specifying modifications of a linked
licence that are proposed for purposes connected with securing—
(a)
what the Secretary of State has informed the Office of Rail
Regulation he wants to be achieved by any railway
25
activities, or
(b)
what the Scottish Ministers have informed that Office they
want to be achieved by any such activities,

that Office must consult the Secretary of State or (as the case may
be) those Ministers.”
30
      (2)
In sub-paragraph (4) of that paragraph, before paragraph (a) insert—
“(za)
if the Secretary of State was given notice of the review
under paragraph 1C, the Secretary of State;
(zb)
if the Scottish Ministers were given notice of the review
under that paragraph, those Ministers;
35
(zc)
the Treasury;”.
Termination notice
5
In paragraph 6(3) (service of termination notice), before paragraph (a)
insert—
“(za)
if the Secretary of State was given notice of the review
40
under paragraph 1C, the Secretary of State;
(zb)
if the Scottish Ministers were given notice of the review
under that paragraph, those Ministers;”.

Railways Bill
Schedule 4 — Reviews by ORR of access charges and licence conditions
94

New review notice following objections
6
In paragraph 8 (new review notices and references to Competition
Competition), after sub-paragraph (4) insert—
   “(4A)
Paragraph 1G applies to the making of any determination by the
Office of Rail Regulation of what should be included in a new
5
review notice to be given under this paragraph as it applies to the
conduct of an access charges review.”
Information to be provided to Competition Commission in connection with reference
7     (1)
In paragraph 9 (reference to Competition Commission), after sub-paragraph
(6) insert—
10
   “(6A)
A reference to the Competition Commission under this paragraph
must be accompanied by—
(a)
any information which in the case in question was
provided to the Office of Rail Regulation by the Secretary
of State or the Scottish Ministers under paragraph 1D;
15
(b)
any information to which he or they referred in
discharging the obligation imposed by that paragraph;
(c)
any suggestion which in that case was made under
paragraph 1E; and
(d)
any revision of anything falling within paragraph (a) to (c)
20
which has been notified to that Office under paragraph
1F.”
      (2)
In sub-paragraph (7) of that paragraph, after the words “Competition
Commission”, in the second place where they occur, insert “(in addition to
the information and revisions mentioned in sub-paragraph (6A))”.
25
      (3)
In sub-paragraph (8) of that paragraph, for “sub-paragraph” substitute “sub-
paragraphs (6A) and”.
      (4)
In sub-paragraph (9) of that paragraph (matters to be taken into account in
assessing public interest), at the end insert “and to the information,
suggestions and revisions mentioned in sub-paragraph (6A)”.
30
Noticed of proposed relevant changes following Competition Commission report
8     (1)
In paragraph 12 (changes following report), after sub-paragraph (4) insert—
   “(4A)
Where (after considering any representations and objections
which are duly made and not withdrawn) the Office of Rail
Regulation proposes to make relevant changes under this
35
paragraph, it must give a notice to the relevant authorities
which—
(a)
sets out everything that would have to be included in a
notice under sub-paragraph (5) with respect to the
proposed changes;
40
(b)
specifies a period within which the Secretary of State, the
Scottish Ministers or each of them has the opportunity of
revising, in the light of those proposals, any information
provided under paragraph 1D.

Railways Bill
Schedule 4 — Reviews by ORR of access charges and licence conditions
95

     (4B)
If in consequence of any revision of that information that is
notified to the Office of Rail Regulation within the period specified
in that notice, that Office decides to modify its proposals, it must—
(a)
give a new notice with respect to the modified proposals
under sub-paragraph (3); and
5
(b)
comply again with sub-paragraph (4A) and this sub-
paragraph before giving notice of the modified proposals
to the Competition Commission.
     (4C)
The relevant authorities for the purposes of sub-paragraph (4A)
are each of the following—
10
(a)
where the Secretary of State was given notice of the review
under paragraph 1C, the Secretary of State;
(b)
where the Scottish Ministers were given notice of the
review under that paragraph, those Ministers; and
(c)
in each of those cases, the Treasury.”
15
      (2)
In sub-paragraph (5) of that paragraph, after “withdrawn” insert “and any
revisions of information provided under paragraph 1D that were notified
within the period specified under sub-paragraph (4A)”.
      (3)
After that sub-paragraph insert—
   “(5A)
A notice must not be given under sub-paragraph (5) before the end
20
of the period specified in the most recent notice given in the case
in question under sub-paragraph (4A) as the period during which
the Secretary of State, the Scottish Ministers or each of them has
the opportunity of revising information provided under
paragraph 1D.”
25
      (4)
In sub-paragraph (6) of that paragraph (information to accompany notice
sent to Competition Commission), at the end insert “and a copy of any
revisions of information provided under paragraph 1D that have been
notified within the period specified in the notice under sub-paragraph (4A)”.
      (5)
In sub-paragraph (10) of that paragraph, for the words from “to the
30
Authority” onwards substitute—
“(a)
where the Secretary of State was given notice of the review
under paragraph 1C, to the Secretary of State; and
(b)
where the Scottish Ministers were given notice of the
review under that paragraph, to those Ministers.”
35
Notice of decisions by Competition Commission
9
For the last sub-paragraph of paragraph 14 (notice of relevant changes made
by Competition Commission) substitute—
    “(6)
As soon as practicable after making relevant changes under this
paragraph, the Competition Commission must send a copy of
40
those relevant changes—
(a)
where the Secretary of State was given notice of the review
under paragraph 1C, to the Secretary of State;
(b)
where the Scottish Ministers were given notice of the
review under that paragraph, to those Ministers; and
45
(c)
in each of those cases, to the Office of Rail Regulation.”

Railways Bill
Schedule 5 — Rail Passengers’ Council established by s. 19(1)
Part 1 — Introductory
96

Information to be provided to Competition Commission with proposal for relevant changes
10    (1)
In sub-paragraph (3) of paragraph 15 (information to be provided to
Competition Commission for purpose of their functions under paragraphs
13 and 14), after the words “Competition Commission”, in the second place
where they occur, insert “(in addition to the information provided in
5
accordance with paragraph 12(5) and (6))”.
      (2)
In sub-paragraph (4) of that paragraph, for “any information” substitute—
“(a)
every revision of which they have been given notice under
paragraph 12(6) of information provided under paragraph
1D; and
10
(b)
all information”.
Commencement of Schedule
11    (1)
Subject to sub-paragraph (2), this Schedule does not apply in relation to any
review in relation to which the Office of Rail Regulation has given a review
notice under paragraph 4 of Schedule 4A to the 1993 Act before the
15
commencement of this Schedule.
      (2)
Where—
(a)
the Office of Rail Regulation gave a review notice before the
commencement of this Schedule in any case, and
(b)
that Office, following the making of objections in that case (whether
20
before or after that commencement), is considering whether to give
a new review notice under paragraph 8 of Schedule 4A to the 1993
Act or to make a reference to the Competition Commission under
paragraph 9 of that Schedule,

that Office, according to what it thinks fit, may either undertake a new access
25
charges review in accordance with that Schedule as amended by this
Schedule or proceed immediately to issue the new review notice or to make
the reference to that Commission.
Schedule 5
Section 19

Rail Passengers’ Council established by s. 19(1)
30
Part 1
Introductory
1
In this Schedule—
“accounting records” includes all books, papers and other records of
the RPC relating to—
35
(a)
the accounts which it is required to keep; or
(b)
matters dealt with in those accounts;
“financial year” means—
(a)
the period beginning with the establishment of the RPC and
ending with the following 31st March; or
40
(b)
a subsequent period of twelve months ending with 31st March;
“member” means the chairman or another member of the RPC;

Railways Bill
Schedule 5 — Rail Passengers’ Council established by s. 19(1)
Part 2 — Members and staff
97

“the RPC” means the Rail Passengers’ Council established by section
19(1).
Part 2
Members and staff
Remuneration etc. of members
5
2     (1)
The RPC must pay to every member, other than the one appointed by the
London Assembly, the remuneration and allowances that are provided for
by the terms and conditions of his appointment.
      (2)
The London Transport Users’ Committee must pay to the member
appointed by the London Assembly the remuneration and allowances that
10
are provided for by the terms and conditions of his appointment.
      (3)
The RPC must pay, or make provision for paying, to or in respect of every
member, other than the member appointed by the London Assembly, such
sums by way of pensions or allowances as are payable in accordance with
his terms and conditions of appointment.
15
      (4)
The London Transport Users’ Committee must pay, or make provision for
paying, to or in respect of the member appointed by the London Assembly
such sums by way of pensions or allowances as are payable in accordance
with his terms and conditions of appointment.
      (5)
If—
20
(a)
a person ceases to be a member of the RPC, and
(b)
it appears to the Secretary of State that there are special
circumstances that make it right for the person to receive
compensation,

the RPC must make a payment to that person of such amount as the
25
Secretary of State determines.
Staff
3
The RPC may employ such persons, on such terms and conditions
(including terms and conditions as to remuneration), as it may determine.
4     (1)
The RPC may—
30
(a)
pay such pensions, allowances or gratuities as it may determine to or
in respect of persons who are or have been employees of the RPC;
(b)
make such payments as it may determine towards provision for the
payment of pensions, allowances or gratuities to or in respect of such
persons; or
35
(c)
provide and maintain such schemes (whether contributory or not) as
it may determine for the payment of pensions, allowance or
gratuities to or in respect of such persons.
      (2)
The pensions, allowances or gratuities referred to in sub-paragraph (1)
include pensions, allowances or gratuities by way of compensation in
40
respect of loss of employment or loss or diminution of emoluments.
5     (1)
The persons to whom section 1 of the Superannuation Act 1972 (c. 11)
applies shall include employees of the RPC.