|
| |
|
(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 |
| |
(f) | a body corporate which is the employer of the railway |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
| |
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 |
| |
| 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 |
| |
| |
(dc) | every condition agreed to under subsection (5) of that |
| 30 |
section in connection with a determination made by |
| |
| |
(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 |
| |
(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 |
| |
| |
|
| |
|
| |
|
| |
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 |
| |
(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 |
| |
“(aa) | the Scottish Ministers; |
| |
(ab) | to the extent specified in subsection (3A) below, the National |
| |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
(b) | are provided under a franchise agreement to which the |
| |
| |
(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 |
| |
| 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)— |
| |
| |
(i) | after “the Secretary of State,” insert “the Scottish Ministers,”; |
| 20 |
| |
(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 |
| |
| |
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 |
|
| |
|
| |
|
(3) | In section 56 (transport consultative committees)— |
| |
| |
(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 |
| |
| |
(iii) | omit the words from “and copies” to the end; |
| |
(b) | subsection (5) shall cease to have effect; |
| |
| 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 |
| |
| |
(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 |
| |
| |
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,” |
| |
| |
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 |
| |
| |
(a) | where an appropriate enforcement body is the Office of Rail |
| |
Regulation, with that Office, and |
| |
|
| |
|
| |
|
(b) | where that Office is not an appropriate enforcement body or |
| |
is not the only such body, with the Health and Safety |
| |
| |
| 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. |
| |
| |
‘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)”. |
| |
|
| |
|
| |
|
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 |
| |
| |
| |
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 |
| |
| |
| |
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).” |
| |
|
| |
|