Railways Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Railways Bill

Railways Bill
Schedule 12 — Other minor and consequential amendments
137

Railway Heritage Act 1996 (c. 42)
13    (1)
The Railway Heritage Act 1996 is amended as follows.
      (2)
In section 1 (bodies to which the Act applies)—
(a)
in paragraph (f), for the words from “Strategic” to the end substitute
“Secretary of State”;
5
(b)
in paragraph (g), for “Authority” substitute “Secretary of State”.
      (3)
In section 2 (establishment of statutory committee)—
(a)
in paragraph (a) of subsection (2), omit “the Authority with the
approval of”;
(b)
in paragraph (c) of that subsection, for “requiring the Authority”
10
substitute “for the Secretary of State”;
(c)
in subsection (3), for “the Authority and with such other” substitute
“such”.
      (4)
In section 4(6)(b) (exclusion of a disposal made in accordance with a transfer
scheme under the 2000 Act from the application of sections 4 and 5), after
15
“Transport Act 2000” insert “or the Railways Act 2005”.
Greater London Authority Act 1999 (c. 29)
14    (1)
The Greater London Authority Act 1999 is amended as follows.
      (2)
In section 175 (co-operation between Transport for London and the
Secretary of State)—
20
(a)
in subsection (1)(a)(ii), for the words from “whose provision” to
“Railways Act 1993” substitute “are secured services (within the
meaning of Part 4 of the Railways Act 2005) provided by or on behalf
of the Secretary of State”; and
(b)
in subsection (3)(b), for “sections 37 and 38 of that Act” substitute
25
“sections 22 to 24 of the Railways Act 2005”.
      (3)
In section 177(1)(b) and (2) (provision of extra passenger transport services
and facilities), for “Strategic Rail Authority” substitute “Secretary of State”.
      (4)
In section 179(3) (London local bus services), for the words from “Strategic
Rail Authority” to “railway service)” substitute “Secretary of State entered
30
into under section 40 of the Railways Act 2005 (substitution services
provided for interrupted or discontinued railway services)”.
      (5)
In section 235(2)(b) (exception to the restriction on disclosure of information
for a disclosure made for the purpose of facilitating the carrying out of
certain statutory functions)—
35
(a)
omit “the Strategic Rail Authority,”; and
(b)
at the end insert “or the Railways Act 2005”.
      (6)
In section 240(2) and (7) (arrangements with London authorities for travel
concessions), for “Strategic Rail Authority”, wherever occurring, substitute
“Secretary of State”.
40
      (7)
In section 247(2) (consultation with the SRA about appointments to the
LTUC), for “Strategic Rail Authority” substitute “Secretary of State”.
      (8)
In section 250(2) (persons to whom LTUC annual report is to be made), for
“Strategic Rail Authority” substitute “Secretary of State”.

Railways Bill
Schedule 12 — Other minor and consequential amendments
138

      (9)
In paragraphs 9, 11 and 15 of Schedule 18 (consultation by LTUC with SRA
and information provided to SRA by LTUC), for “Strategic Rail Authority”,
in each place, substitute “Secretary of State”.
Postal Services Act 2000 (c. 26)
15
In paragraph 3 of Schedule 7 to the Postal Services Act 2000 (disclosure of
5
information), in sub-paragraph (3), after paragraph (gj) insert—
“(gk)
the Railways Act 2005,”.
Utilities Act 2000 (c. 27)
16
In section 105 of the Utilities Act 2000 (general restrictions on disclosure of
information), in subsection (6), at the end insert—
10
“(u)
the Railways Act 2005.”
Transport Act 2000 (c. 38)
17    (1)
The 2000 Act is amended as follows.
      (2)
In section 137(4)(d) (required notice in connection with the making of a
ticketing scheme), for “Strategic Rail Authority” substitute “Secretary of
15
State”.
      (3)
In subsection (1) of section 228 (extension of functions of Rail Passengers’
Council and Rail Passengers’ Committees), for “Sections 76 and 77”
substitute “Section 76” and for “are amended” substitute “is amended”.
      (4)
In subsection (1) of section 248 (substitute services to be suitable for disabled
20
persons), for paragraph (b) substitute—
“(b)
the provision of such services is secured by the Secretary of
State, the Scottish Ministers or the National Assembly for
Wales.”
      (5)
In subsection (2) of that section, for “In doing so the person or Authority”
25
substitute “In providing or securing the provision of the services, the person
providing them, the Secretary of State, the Scottish Ministers or the National
Assembly for Wales”.
      (6)
In subsection (3) of that section—
(a)
for “the person or Authority” substitute “a person”; and
30
(b)
omit the words “or it”.
      (7)
In paragraph 3(3) of Schedule 9 (air traffic: information), after paragraph (rc)
insert—
“(rd)
the Railways Act 2005;”.
      (8)
In Schedule 25 (transfer of BR’s property etc. to Secretary of State), after
35
paragraph 12 insert—
“Duties in relation to foreign property
12A   (1)
Where there is a transfer in accordance with a transfer scheme of—
(a)
foreign property, or
(b)
a foreign right or liability,
40

Railways Bill
Schedule 12 — Other minor and consequential amendments
139


the Board and the Secretary of State must take all requisite steps to
secure that the vesting of the foreign property, right or liability in
the Secretary of State by this Act is effective under the relevant
foreign law.
      (2)
Until the vesting of the foreign property, right or liability in the
5
Secretary of State in accordance with the transfer scheme is
effective under the relevant foreign law, the Board must—
(a)
hold the property or right for the benefit of the Secretary of
State; or
(b)
discharge the liability on behalf of the Secretary of State.
10
      (3)
Nothing in sub-paragraph (1) or (2) prejudices the effect under the
law of a part of the United Kingdom of the vesting of any foreign
property, right or liability in the Secretary of State in accordance
with a transfer scheme.
      (4)
References in this paragraph to foreign property, or to a foreign
15
right or liability, are references to any property, right or liability as
respects which an issue arising in any proceedings would be
determined (in accordance with the rules of private international
law) by reference to the law of a country or territory outside the
United Kingdom.
20
      (5)
An obligation imposed under this paragraph in relation to
property, rights or liabilities shall be enforceable as if contained in
a contract between the Board and the Secretary of State.”
      (9)
In paragraph 10 of Schedule 28 (transitional provision in relation to section
56 of the Transport Act 1962 (c. 46))—
25
(a)
for “Rail Passengers’ Committees” substitute “London Transport
Users’ Committee”;
(b)
in paragraph (a), for “sections 76 and 77” substitute “section 76”;
(c)
in paragraph (b), for “those subsections” substitute “that subsection”.
Enterprise Act 2002 (c. 40)
30
18    (1)
The Enterprise Act 2002 is amended as follows.
      (2)
In subsection (4) of section 168 (duty of Competition Commission and the
Secretary of State in relation to regulated markets)—
(a)
in paragraph (h), omit “where none of the conditions of the licence
relate to consumer protection”;
35
(b)
paragraph (i) shall cease to have effect; and
(c)
in paragraph (k), for the words from “Strategic” to the end substitute
“Secretary of State, the Scottish Ministers and the National Assembly
for Wales under section 4 of the Act of 1993”.
      (3)
In subsection (5) of that section, for paragraph (j) substitute—
40
“(j)
the Secretary of State;
(k)
the Scottish Ministers; or
(l)
the National Assembly for Wales.”
      (4)
In Schedule 15 (enactments for the purposes of which disclosures of

Railways Bill
Schedule 13 — Repeals
Part 1 — Repealed enactments
140

information are allowed), at the end insert—

“Railways Act 2005 (c 00)”.
Schedule 13
Section 58

Repeals
Part 1
5
Repealed enactments

Short title and chapter
Extent of repeal

Ministry of Transport Act 1919
Section 17(1)(a).

(c. 50)

Transport Act 1962 (c. 46)
In section 43—

10

(a)
in subsections (1), (2) and (5), the words

“or the Strategic Rail Authority”;

(b)
in subsection (3), the words “and the

Strategic Rail Authority”.

In section 56—

15

(a)
in subsection (4), the words from “and

copies” to the end;

(b)
subsection (5);

(c)
in subsection (6ZA), the words “in the

case of any Rail Passengers’ Committee”

20

and the words “that Rail Passengers’

Committee and”;

(d)
subsection (20).

Parliamentary Commissioner
In Schedule 2, the entries relating to Rail

Act 1967 (c. 13)
Passengers’ Committees and to the Strategic

25

Rail Authority.

Transport Act 1968 (c. 73)
In section 10(1), paragraphs (vi) and (viza).

In section 15(1)(d), the words from “otherwise”

onwards.

In section 20—

30

(a)
in subsection (2), the words from the

beginning to “9A(3) of this Act” and

paragraph (b) and the word “and”

immediately preceding it;

(b)
subsections (3) to (7).

35

In section 56(2B), the definition of “franchising

functions”.

Superannuation Act 1972 (c. 11)
In Schedule 1, in the list of “Other Bodies”, the

entry relating to the Strategic Rail Authority.

Health and Safety at Work etc.
In section 18(5), the words “or by regulations

40

Act 1974 (c. 37)
under subsection (2) above”.

Section 78(7)(c).

Railways Bill
Schedule 13 — Repeals
Part 1 — Repealed enactments
141

Short title and chapter
Extent of repeal

House of Commons
In Schedule 1—

Disqualification Act 1975
(a)
in Part 2, the entry relating to the

(c. 24)
Strategic Rail Authority;

(b)
in Part 3, the entry relating to a member

5

of a Rail Passengers’ Committee in

receipt of remuneration.

Northern Ireland Assembly
In Part 2 of Schedule 1, the entry relating to the

Disqualification Act 1975
Strategic Rail Authority.

(c. 25)

10

Race Relations Act 1976 (c. 74)
In Part 2 of Schedule 1A, the entry relating to

the Strategic Rail Authority.

Transport Act 1985 (c. 67)
In Schedule 3, paragraph 13.

Channel Tunnel Act 1987 (c. 53)
In section 41(1)(a), the words “and each of the

Rail Passengers’ Committees”.

15

Railways Act 1993 (c. 43)
Section 2.

Section 3.

In section 4—

(a)
in subsection (3)(a), the words from

“taking into account” to “Executive”;

20

(b)
in subsection (3A), paragraph (a) and in

paragraph (b), the words “and 37 to 50”;

(c)
in subsection (5)(d), the words “London

Regional Transport”.

In section 7—

25

(a)
in subsections (1) and (3), the words

“and the Authority”, in each place;

(b)
subsections (5A), (6A) and (8A).

Section 7A.

In section 8—

30

(a)
in subsection (1)(a), the words “and the

Authority”;

(b)
in subsection (1)(b), the words “given

after consultation with the Authority”;

(c)
in subsection (2), paragraph (a);

35

(d)
in subsection (7)(a), the words “, to the

Authority and to the Health and Safety

Executive”;

(e)
in subsection (7)(b), the words “and to

the Health and Safety Executive;

40

(f)
in subsection (8), the words “and the

Authority”.

In section 10(4), the definition of “call”.

In section 11—

(a)
in subsection (2)(b), the words “and the

45

Authority”;

(b)
in subsection (4), the words “or

persons”.

Railways Bill
Schedule 13 — Repeals
Part 1 — Repealed enactments
142

Short title and chapter
Extent of repeal

Railways Act 1993 (c. 43)—cont.
In section 12—

(a)
subsections (1A) to (1C);

(b)
in subsection (3), the words “(1B) or”

and “the Authority or”;

5

(c)
subsection (4).

Section 13(1A) to (1C).

Section 14(5A).

In section 15—

(a)
subsections (1B) and (3A);

10

(b)
in subsections (2), (4A), (4B), (4C) and

(4D), the words “or Authority”,

wherever occurring;

(c)
in subsection (4) the words “or (3A)” and

“or the Authority”;

15

(d)
subsection (5).

In section 15A(1), the words “or Authority”.

In section 15B—

(a)
in subsection (1)(b), the words “or

required to be made by the Authority”;

20

(b)
in subsection (5), the words “the

Authority and the Health and Safety

Executive”.

In section 15C(3), the words “and the

Authority”, and “each”.

25

In section 16(3), the words “to the Authority and

to the Health and Safety Executive”.

Section 23(2B).

In section 24(3), the words “and the Authority”.

Section 26(4).

30

In section 30(1)—

(a)
paragraph (a); and

(b)
in paragraph (b), the words “(otherwise

than because of such a direction)”.

Sections 34 and 35.

35

Sections 37 to 49.

Section 50(1)(a) and (2).

In section 54(3), the definition of “franchising

functions” in relation to a Passenger

Transport Authority or Passenger Transport

40

Executive.

In section 55—

(a)
in subsection (5), the words “or, as the

case may be, section 207 of the Transport

Act 2000”;

45

(b)
in subsection (10), in paragraph (a) of the

definition of “the appropriate authority”,

the words “apart from a condition which

relates to consumer protection,”;

(c)
in that subsection, in paragraph (d) of

50

the definition of “relevant condition or

requirement”, the words “(other than the

Authority)”.

Railways Bill
Schedule 13 — Repeals
Part 1 — Repealed enactments
143

Short title and chapter
Extent of repeal

Railways Act 1993 (c. 43)—cont.
In section 59(6)(a), the “and” at the end of sub-

paragraph (ii).

In section 61—

(a)
in subsection (1), sub-paragraph (ii) of

5

paragraph (a);

(b)
in subsection (2), paragraph (b) and the

word “or” immediately preceding it.

In section 62—

(a)
in subsection (2), sub-paragraph (ii) of

10

paragraph (a);

(b)
in subsection (3), paragraph (b) and the

word “or” immediately preceding it;

(c)
in subsection (5), sub-paragraph (ii) of

paragraph (a);

15

(d)
in subsection (6), paragraph (b) and the

word “or” immediately preceding it;

(e)
in subsection (7), paragraph (b) and the

word “and” immediately preceding it.

In section 63(2), the words “in such manner and

20

on such conditions as he may think fit”.

In section 67(6), sub-paragraph (i) of paragraph

(b).

In section 68(1)(a), the words “which does not

relate to consumer protection”.

25

Section 69(4).

Section 71A.

In section 72(1), the words “for the purposes of

this Part”.

In section 73—

30

(a)
in subsection (1), the words “for the

purposes of this Part”;

(b)
in subsection (2), in paragraph (e), the

words “a licence or”, and paragraphs (h)

to (m);

35

(c)
subsections (5) and (6).

Section 75.

In section 76—

(a)
subsection (3);

(b)
in subsection (6)(a), the words “and the

40

Authority”;

(c)
subsection (8).

Section 77.

Section 79.

In section 83—

45

(a)
in subsection (1), the definitions of

“closure consent” and “notice period”;

(b)
subsection (3).