Railways Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Railways Bill

Railways Bill
Schedule 5 — Rail Passengers’ Council established by s. 19(1)
Part 3 — Finance
98

      (2)
If an employee of the RPC—
(a)
is a participant in a scheme under section 1 of the Superannuation
Act 1972 (c. 11) by reference to his employment by the RPC, and
(b)
becomes a member of the RPC,

the Minister for the Civil Service may determine that his service as a member
5
of the RPC is to be treated for the purposes of the scheme as service as an
employee of the RPC.
      (3)
The RPC must pay to the Minister for the Civil Service, at such times as he
may direct, such sums as he may determine in respect of any increase
attributable to sub-paragraph (1) or (2) in the sums payable out of money
10
provided by Parliament under the Superannuation Act 1972.
      (4)
The Minister for the Civil Service may, to such extent and subject to such
conditions as he thinks fit, delegate to the RPC the function of administering
a scheme under section 1 of the Superannuation Act 1972, so far as relating
to employees of the RPC.
15
      (5)
If he does so, the RPC may authorise the carrying out of that function, to
such extent and subject to such conditions as it may determine, by—
(a)
a person nominated by it; or
(b)
the employees of a person so nominated.
      (6)
Acts or omissions by or in relation to—
20
(a)
a person nominated for the purposes of sub-paragraph (5), or
(b)
an employee of a person so nominated,

must be treated for all purposes, so far as they are acts or omissions in or in
connection with what he is authorised to carry out, as acts or omissions by
or in relation to the RPC.
25
      (7)
Sub-paragraph (6) does not apply for the purposes of—
(a)
criminal proceedings against the nominated person (or an employee
of his); or
(b)
a contract between him and the RPC so far as relating to the function.
Part 3
30
Finance
Government grants
6     (1)
The Secretary of State may make grants to the RPC of such amounts as he may
determine.
      (2)
The terms of the grants shall be such as the Secretary of State may determine.
35
Direction requiring payment to the Secretary of State
7     (1)
The Secretary of State may give a direction to the RPC requiring it to pay him
a sum specified in the direction.
      (2)
Before giving a direction under sub-paragraph (1), the Secretary of State
must consult—
40
(a)
the Treasury; and
(b)
the RPC.

Railways Bill
Schedule 5 — Rail Passengers’ Council established by s. 19(1)
Part 4 — Financial framework and information
99

Accounts and audit
8     (1)
The RPC must—
(a)
keep proper accounts and proper accounting records; and
(b)
in respect of each financial year, prepare a statement of its accounts.
      (2)
Every statement of accounts prepared under sub-paragraph (1)(b) must—
5
(a)
give a true and fair view of the RPC’s income and expenditure for the
financial year in question and its state of affairs; and
(b)
comply with every requirement which the Secretary of State has
notified to the RPC.
      (3)
The requirements notified under sub-paragraph (2)(b) may include, in
10
particular, requirements relating to—
(a)
the information to be contained in the statement;
(b)
the manner in which that information is to be presented; and
(c)
the methods and principles according to which the statement is to be
prepared.
15
9     (1)
The statement of accounts and other accounts of the RPC relating to each
financial year must be audited by the Comptroller and Auditor General.
      (2)
The Comptroller and Auditor General must send the RPC a copy of his
report on the accounts audited under sub-paragraph (1).
      (3)
The RPC must send the Secretary of State—
20
(a)
a copy of the accounts audited under sub-paragraph (1); and
(b)
the report of the Comptroller and Auditor General.
      (4)
The Secretary of State must lay a copy of the documents sent to him under
sub-paragraph (3) before Parliament.
Part 4
25
Financial framework and information
Financial framework
10    (1)
The Secretary of State—
(a)
must prepare, and
(b)
may from time to time revise,
30

a document to be known as the RPC’s “financial framework”.
      (2)
The financial framework must specify rules and principles according to
which the RPC is to exercise and perform its powers and duties in relation
to—
(a)
financial matters; and
35
(b)
matters relating to its employees.
      (3)
The RPC must not carry out any of its functions in a manner which is
inconsistent with its financial framework.
      (4)
The fact that a transaction entered into by the RPC constitutes, or involves,
a contravention of sub-paragraph (3) does not invalidate the transaction.
40

Railways Bill
Schedule 5 — Rail Passengers’ Council established by s. 19(1)
Part 5 — Status and supplementary powers
100

      (5)
Sub-paragraph (4) applies whether or not a person who entered into the
transaction with the RPC inquired whether the transaction constituted or
involved a contravention of sub-paragraph (3).
Annual reports
11    (1)
As soon as practicable after the end of each financial year, the RPC must
5
make a report on its activities during that year.
      (2)
In preparing its annual report the RPC must have regard to the desirability
of excluding from the report, so far as practicable—
(a)
matters relating to the affairs of an individual which, in the opinion
of the RPC, are matters the publication of which would or might
10
seriously and prejudicially affect the interests of that individual; and
(b)
matters relating specifically to the affairs of a particular body of
persons (whether corporate or unincorporate) which, in the opinion
of the RPC, are matters the publication of which would or might
seriously and prejudicially affect the interests of that body.
15
      (3)
The RPC must send a copy of every annual report under this paragraph to
each of the following—
(a)
the Secretary of State;
(b)
the Scottish Ministers; and
(c)
the National Assembly for Wales.
20
      (4)
The RPC may also arrange for a copy of its annual report for a financial year
to be published in such manner as it considers appropriate.
      (5)
The Secretary of State must lay before Parliament a copy of every annual
report a copy of which has been sent to him under this paragraph.
      (6)
The Scottish Ministers must lay before the Scottish Parliament a copy of
25
every annual report a copy of which has been sent to them under this
paragraph.
Information
12
The RPC must give the Secretary of State information, advice and assistance
about any matter in respect of which it has any functions if—
30
(a)
the RPC considers it appropriate to do so; or
(b)
the Secretary of State asks the RPC to do so in connection with the
carrying out of any function of his.
Part 5
Status and supplementary powers
35
Status
13    (1)
The RPC is not to be treated—
(a)
as the servant or agent of the Crown; or
(b)
as enjoying any status, immunity or privilege of the Crown.
      (2)
The property of the RPC is not to be regarded as property of the Crown or
40
as held on behalf of the Crown.

Railways Bill
Schedule 5 — Rail Passengers’ Council established by s. 19(1)
Part 6 — Procedure
101

Supplementary powers
14    (1)
The RPC may do anything that appears to it to be likely to facilitate the
carrying out of its functions, or to be conducive or incidental to the carrying
out of those functions.
      (2)
The RPC may make charges for services or facilities that it provides or makes
5
available at a person’s request and otherwise than in performance of a duty
to do so.
Part 6
Procedure
Regulation of procedure
10
15    (1)
Subject to this paragraph and paragraph 16, the RPC may regulate its own
procedure.
      (2)
Sub-paragraph (1) includes power to make provision about quorums.
      (3)
The RPC must meet when convened by the chairman.
      (4)
The chairman may convene a meeting of the RPC whenever he thinks fit.
15
      (5)
The chairman must—
(a)
convene meetings of the RPC so that it meets at least twice a year;
and
(b)
convene a meeting whenever three members of the RPC require him
to do so.
20
      (6)
The RPC must secure—
(a)
that minutes are kept of the proceedings at every meeting of the RPC;
and
(b)
that copies of those minutes are sent to the Secretary of State.
      (7)
The validity of proceedings of the RPC is not to be affected by—
25
(a)
a vacancy in its membership; or
(b)
a defect in the appointment of a member.
Admission of the public to meetings
16    (1)
Meetings of the RPC must be open to the public; but the public must be
excluded during any item of business that is confidential for the purposes of
30
this paragraph.
      (2)
An item of business is confidential for the purposes of this paragraph where,
if members of the public were to be present during that item, it is likely that
information furnished in confidence to the RPC by—
(a)
the Office of Rail Regulation, or
35
(b)
the Secretary of State,

would be disclosed in breach of the obligation of confidence.
      (3)
An item of business is confidential for the purposes of this paragraph where
the RPC has resolved that—
(a)
because of the confidential nature of the item, or
40

Railways Bill
Schedule 5 — Rail Passengers’ Council established by s. 19(1)
Part 6 — Procedure
102

(b)
for other special reasons stated in the resolution,

it is desirable in the public interest that the public be excluded during that
item.
      (4)
An item of business is confidential for the purposes of this paragraph where,
if members of the public were to be present during that item, it is likely
5
that—
(a)
there would be disclosed to them a matter relating to the affairs of an
individual or relating specifically to the affairs of a particular body
(whether corporate or unincorporate); and
(b)
public disclosure of the matter would or might, in the opinion of the
10
RPC, seriously and prejudicially affect the interests of that individual
or body.
      (5)
An item of business is confidential for the purposes of this paragraph where
the circumstances—
(a)
are specified for the purposes of this sub-paragraph in an order made
15
by the Secretary of State; or
(b)
are determined to be confidential for those purposes in accordance
with an order so made.
      (6)
An order under sub-paragraph (5) is subject to the negative resolution
procedure.
20
17
The RPC must give such notice—
(a)
of any meeting of the RPC which is open to the public, and
(b)
of the business to be taken at that meeting (other than items during
which the public is to be excluded),

as it considers appropriate for the purpose of bringing the meeting to the
25
attention of interested members of the public.
Local committees
18    (1)
If the Secretary of State so directs, the RPC must establish committees to
advise it in relation to the carrying out of its functions in relation to
particular areas.
30
      (2)
The members of a committee established under this paragraph are to be
appointed by the RPC.
      (3)
The RPC may appoint such persons as it thinks fit and the membership of
the committee may consist of or include persons who are not themselves
members of the RPC.
35
      (4)
The RPC may regulate the procedure of a committee established under this
paragraph.
      (5)
The RPC may reimburse a member of a committee established under this
paragraph who is not a member of the RPC—
(a)
for travelling expenses;
40
(b)
for other out-of-pocket expenses not relating to loss of remuneration.

Railways Bill
Schedule 6 — Functions retained by London Transport Users’ Committee
103

Execution of documents
19    (1)
The application of the seal of the RPC shall be authenticated by the signature
of a member or employee of the RPC whom it has authorised for the purpose
(whether generally or specifically).
      (2)
Any document which the RPC is authorised or required by or under any
5
enactment to serve, make or issue may be signed on its behalf by a member
or employee whom it has authorised for the purpose (whether generally or
specifically).
      (3)
Every document purporting—
(a)
to be an instrument made or issued by or on behalf of the RPC, and
10
(b)
to be duly executed under the seal of the RPC, or to be duly signed
or executed by a person authorised by the RPC for the purpose,

shall be received in evidence and, unless the contrary is shown, treated
without further proof as so made or issued.
      (4)
In this paragraph the reference to a signature includes a reference to a
15
facsimile of a signature produced by any process and “signed” is to be
construed accordingly.
      (5)
In this paragraph “enactment” includes an enactment comprised in an Act of
the Scottish Parliament.
Schedule 6
20
Section 21

Functions retained by London Transport Users’ Committee
Members of LTUC to represent users of services in London railway area
1
In section 247(3)(b) of the Greater London Authority Act 1999 (c. 29)
(members of LTUC appointed to represent railway users in particular area),
for the words from “area for which” onwards substitute “area for which the
25
Committee fell, immediately before the repeal of section 2 of the Railways
Act 1993 (Rail Passengers’ Committees), to be treated as the Rail Passengers’
Committee for the purposes specified in subsection (4) of that section”.
General duty of LTUC to keep railway matters under review
2
Before section 253 of that Act insert—
30
“252A
Committee to keep railways matters under review
(1)
It shall be the duty of the Committee, so far as it appears to it
expedient from time to time to do so—
(a)
to keep under review matters affecting the interests of the
public in relation to railway passenger services provided
35
wholly or partly within the London railway area;
(b)
to keep under review matters affecting the provision of
station services within that area;
(c)
to make representations to, and to consult, such persons as it
thinks appropriate about the matters mentioned in
40
paragraphs (a) and (b); and

Railways Bill
Schedule 6 — Functions retained by London Transport Users’ Committee
104

(d)
to co-operate with other bodies representing the interests of
users of public passenger transport services provided wholly
or partly within that area.
(2)
In this section—
(a)
references to the London railway area are references to the
5
area for which the Committee fell, immediately before the
repeal of section 2 of the Railways Act 1993 (Rail Passengers’
Committees), to be treated as the Rail Passengers’ Committee
for the purposes specified in subsection (4) of that section;
(b)
references to railway passenger services include references to
10
bus substitution services; and
(c)
subject to that, expressions used in this section and in Part 1
of the Railways Act 1993 have the same meanings in this
section as in that Part.”
Duty of LTUC to investigate matters
15
3
In that Act, after the section 252A inserted by paragraph 2 of this Schedule,
insert—
“252B
  References to Committee in relation to railways
(1)
It shall be the duty of the Committee to investigate any matter
relating to a relevant railway matter if—
20
(a)
it is the subject of a representation made to the Committee by
a user or potential user of railway passenger services;
(b)
it is referred to the Committee by the Secretary of State, the
Office of Rail Regulation, the Rail Passengers’ Council, the
London Assembly or Transport for London; or
25
(c)
it appears to the Committee that it is a matter that it ought to
investigate.
(2)
A matter is a relevant railway matter for the purposes of subsection
(1) if it relates to—
(a)
the provision of railway passenger services wholly or partly
30
within the London railway area; or
(b)
the provision of station services within that area in a case in
which the operator of the station is authorised by a licence
under Part 1 of the Railways Act 1993.
(3)
The Secretary of State may also refer the following matters to the
35
Committee for the purpose only of requiring the Committee to
prepare a report on them—
(a)
matters relating to the quality of railway passenger services
provided wholly or partly within the London railway area;
and
40
(b)
matters relating to the quality of station services provided in
that area.
(4)
The Committee must also assist the Secretary of State, to such extent
and in such manner as he may require, in ascertaining whether the
franchise operator in the case of a particular franchise agreement is
45
attaining the standards set for the provision of the franchised
services.