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Railways Bill


Railways Bill
Schedule 11 — Miscellaneous amendments of 1993 Act

130

 

(a)   

is confined to a power to agree to indemnify that person in

respect of liabilities, loss and damage incurred or sustained

by him as a relevant person; but

(b)   

includes power to agree to indemnify persons (whether or

not they are identified or identifiable at the time of the

5

agreement) who subsequently become relevant persons.

(3B)   

A person is a relevant person for the purposes of this section if he is—

(a)   

the railway administrator;

(b)   

an employee of the railway administrator;

(c)   

a member or employee of a firm of which the railway

10

administrator is a member;

(d)   

a member or employee of a firm of which the railway

administrator is an employee;

(e)   

a member of a firm of which the railway administrator was

an employee or member at a time when the order was in

15

force;

(f)   

a body corporate which is the employer of the railway

administrator; or

(g)   

an officer, employee or member of such a body corporate.

(3C)   

For the purposes of this section—

20

(a)   

the references in this section to the railway administrator, in

relation to a railways administration order, are references to

the person appointed to achieve the purposes of the order

and, where two or more persons are so appointed, are to be

construed as references to any one or more of them; and

25

(b)   

the references to a firm of which a person was a member or

employee at a particular time include references to a firm

which holds itself out to be the successor of a firm of which

he was a member or employee at that time.”

      (4)  

After subsection (4) of that section insert—

30

“(4A)   

If sums are paid by the Secretary of State in consequence of an

indemnity agreed to under this section in the case of a company in

relation to which a railway administration order is in force, the

company must pay him—

(a)   

such amounts in or towards the repayment to him of those

35

sums as he may direct; and

(b)   

interest, at such rates as he may direct, on amounts

outstanding under this subsection.

(4B)   

Payments to the Secretary of State under subsection (4A) must be

made at such times and in such manner as he may determine.

40

(4C)   

Subsection (4A) does not apply in the case of a sum paid by the

Secretary of State for indemnifying a person in respect of a liability

to the company in relation to which the railway administration order

in question was made.

(4D)   

The consent of the Treasury is required for the giving of a direction

45

under subsection (4A) and for the making of a determination under

subsection (4B).”

 

 

Railways Bill
Schedule 11 — Miscellaneous amendments of 1993 Act

131

 

Register kept by ORR

9     (1)  

In section 72(2) (matters to be entered in register)—

(a)   

in paragraph (d) (notices with respect to experimental passenger

services), for “section 48 above” substitute “Part 4 of the Railways

Act 2005”;

5

(b)   

for sub-paragraphs (i) to (iii) of that paragraph substitute—

“(i)   

every designation under section 36 of that Act

of a service as experimental;

(ii)   

every notice under section 37(1) or (2) of that

Act of the proposed discontinuance of a

10

service designated as experimental;”

(c)   

after that paragraph insert—

“(da)   

in relation to closures, the provisions of—

(i)   

every closure ratification notice or closure

non-ratification notice (within the meaning of

15

Part 4 of the Railways Act 2005) issued by it;

(ii)   

every closure requirement imposed by it;”.

      (2)  

Nothing in this paragraph requires the removal of anything from the

register maintained under section 72.

Register kept by Secretary of State

20

10    (1)  

In section 73(2) (matters to be entered in the register)—

(a)   

for paragraph (da) (closure notices etc.) substitute—

“(da)   

every determination made by him under section 34 of

the Railways Act 2005 that a closure is a minor

modification or that closures of a particular

25

description are minor modifications;

(db)   

every revocation of a determination made by him

under that section in relation to a description of

closures;

(dc)   

every condition agreed to under subsection (5) of that

30

section in connection with a determination made by

him;”

(b)   

in paragraph (e) (final or provisional orders), for “or to any closure

or proposed closure or to any closure consent or closure condition”

substitute “or to any closure or proposed closure or to any closure

35

requirement”.

      (2)  

Neither this paragraph nor any repeal made by this Act requires the removal

of anything from the register maintained under section 73.

Purposes for which the Secretary of State may require information from licence holders

11         

In section 80(1) (duty of licence holders to provide information to the

40

Secretary of State or the Scottish Ministers on request), for “or the Transport

Act 2000” substitute “, the Transport Act 2000 or the Railways Act 2005 or

any other function or activity of his, theirs or its in relation to railway

services”.

 

 

Railways Bill
Schedule 11 — Miscellaneous amendments of 1993 Act

132

 

General interpretation

12         

In section 83(1) (interpretation of Part 1)—

(a)   

after the definition of “appropriate authority” insert—

“‘appropriate designating authority’ has the meaning

given by section 23(3) above;

5

‘appropriate franchising authority’ has the meaning

given by section 23(3) above;

‘appropriate national authority’ has the meaning given

by section 59(6)(za) above;”

(b)   

for the definition of “bus substitution service” substitute—

10

“‘bus substitution service’ means a service for the

carriage of passengers by road that is provided as an

alternative to the whole or a part of a railway

passenger service that has been discontinued,

reduced or modified (whether temporarily or

15

permanently);”

(c)   

for the definitions of “closure and “closure conditions” substitute—

“‘closure’ has the same meaning as in Part 4 of the

Railways Act 2005 (see section 44 of that Act);

‘closure requirement’ means a requirement imposed

20

under section 33 of that Act;”.

Competent authority status for the purposes of grants and loans under EU regulations

13    (1)  

In subsection (1) of section 136 (competent authorities in relation to railways

financial status regulations), for “shall continue to” substitute “and the

Scottish Ministers shall each”.

25

      (2)  

In subsection (2) of that section (competent authority in respect of freight

services for the purposes of the public service obligation regulations), for

“shall be” substitute “, the Scottish Ministers and, to the extent specified in

subsection (2A) below, the National Assembly for Wales shall each be”.

      (3)  

After that subsection insert—

30

“(2A)   

For the purposes of subsection (2) above the National Assembly for

Wales shall only be the competent authority in relation to services for

the carriage of goods by railway which are operated within Wales.”

      (4)  

In subsection (3) of that section (competent authority in respect of passenger

services for the purposes of the public service obligation regulations), after

35

paragraph (a) insert—

“(aa)   

the Scottish Ministers;

(ab)   

to the extent specified in subsection (3A) below, the National

Assembly for Wales;”.

      (5)  

After that subsection insert—

40

“(3A)   

For the purposes of subsection (3) above the National Assembly for

Wales shall only be the competent authority in relation to services for

the carriage of passengers by railway which—

(a)   

are Welsh services (within the meaning of the Railways Act

2005); or

45

 

 

Railways Bill
Schedule 12 — Other minor and consequential amendments

133

 

(b)   

are provided under a franchise agreement to which the

Assembly is a party.”

      (6)  

In subsection (4) of that subsection (extent to which a PTE are a competent

authority), for paragraphs (a) and (b) substitute “which the Executive

provide, or secure are provided, in exercise of their powers under section

5

10(1) of the Transport Act 1968 or section 13 of the Railways Act 2005”.

      (7)  

Sub-paragraph (6) shall not affect the extent to which the competent

authorities for the purposes of the public service obligations regulations

include a Passenger Transport Executive in relation to railway passenger

services provided under a franchise agreement to which the Executive

10

continues to be a party by virtue of section 14(2) of this Act.

Powers to make statutory instruments

14         

In subsections (1), (3) and (4) of section 143 (powers to make statutory

instruments), after the “Secretary of State”, in each place, insert “or the

Scottish Ministers”.

15

Restrictions on disclosure of information

15    (1)  

In subsection (2) of section 145 (purposes for which information obtained

under the 1993 Act may be disclosed)—

(a)   

in paragraph (a)—

(i)   

after “the Secretary of State,” insert “the Scottish Ministers,”;

20

and

(ii)   

for “or the Transport Act 2000” substitute “, the Transport Act

2000 or the Railways Act 2005”;

(b)   

after that paragraph insert—

“(aa)   

for the purpose of facilitating the carrying out or

25

carrying on by the Secretary of State or the Scottish

Ministers of any other functions or activities of his or

theirs in relation to railways or railway services;”.

      (2)  

In subsection (5) of that section, for “the Rail Passengers’ Council or a Rail

Passengers’ Committee” substitute “or the Rail Passengers’ Council”.

30

Schedule 12

Section 58

 

Other minor and consequential amendments

Transport Act 1962 (c. 46)

1     (1)  

The Transport Act 1962 is amended as follows.

      (2)  

In section 43 (general provisions about services and facilities provided and

35

charges imposed by the British Waterways Board and the SRA)—

(a)   

in subsections (1), (2) and (5), omit “or the Strategic Rail Authority”;

(b)   

in subsection (3), omit “and the Strategic Rail Authority”; and

(c)   

in subsections (4) and (6), for the words from “Neither” to “shall”

substitute “The British Waterways Board shall not”.

40

 

 

Railways Bill
Schedule 12 — Other minor and consequential amendments

134

 

      (3)  

In section 56 (transport consultative committees)—

(a)   

in subsection (4)—

(i)   

for “each Rail Passengers’ Committee” substitute “the

London Transport Users’ Committee”;

(ii)   

in paragraphs (a), (b) and (c), for “Rail Passengers’

5

Committee”, in each place, substitute “the London Transport

Users’ Committee”;

(iii)   

omit the words from “and copies” to the end;

(b)   

subsection (5) shall cease to have effect;

(c)   

in subsection (6ZA)—

10

(i)   

omit “in the case of any Rail Passengers’ Committee” and

“that Rail Passengers’ Committee and”;

(ii)   

after “Rail Passengers’ Council” insert “and the London

Transport Users’ Committee”;

(d)   

in subsection (6A), for “A Rail Passengers’ Committee” substitute

15

“Each of the Rail Passengers’ Council and the London Transport

Users’ Committee”; and

(e)   

subsection (20) shall cease to have effect.

Transport Act 1968 (c. 73)

2     (1)  

The Transport Act 1968 is amended as follows.

20

      (2)  

In section 55 (transport consultative committees), for “Rail Passengers’

Committees” substitute “London Transport Users’ Committee”.

      (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

25

authority under which the national authority undertakes to exercise any of

its functions in relation to railways or railway services”.

      (4)  

In subsection (2B) of that section—

(a)   

omit the definition of “franchising functions”;

(b)   

before the definition of “relevant local authority” insert—

30

“‘national authority’ means the Secretary of State, the

Scottish Ministers or the National Assembly for

Wales;”.

Chronically Sick and Disabled Persons Act 1970 (c. 44)

3          

In section 14(1) of the Chronically Sick and Disabled Persons Act 1970

35

(miscellaneous advisory committees), for “Rail Passengers’ Committees,”

substitute “or”.

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—

40

“(2)   

A fire and rescue authority may arrange in relation to any work

premises—

(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

135

 

(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 “with” onwards substitute “entered into, where a railway service has

40

been temporarily interrupted, with the Secretary of State, the Scottish

Ministers or the National Assembly for Wales 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

136

 

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).”

 

 

 
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