Railways Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Railways Bill

Railways Bill
Part 5 — Further miscellaneous provisions
55

(c)
otherwise to provide him with assistance in relation to a matter that is
connected with such a function or activity or is relevant to those
purposes.
(2)
It shall be the duty of the Office of Rail Regulation to comply with every
reasonable requirement of the Scottish Ministers—
5
(a)
to provide them with information or advice about a matter connected
with a function or other activity of theirs in relation to railways or
railway services; or
(b)
otherwise to provide them with assistance in relation to a matter that is
connected with such a function or activity.
10
(3)
It shall be the duty of the Office of Rail Regulation to comply with every
reasonable requirement of the National Assembly for Wales to provide the
Assembly with information or advice about a matter connected with a function
or other activity of the Assembly in relation to railways or railway services.
(4)
References in this section to the functions of a person in relation to railways or
15
railway services include references, in particular, to all that person’s functions
under Part 1 of the 1993 Act, Part 4 of the 2000 Act or this Act.
(5)
In this section “railway safety purposes” has the same meaning as in Schedule
3.
51
Duty of Passenger Transport Executives to advise Secretary of State
20
(1)
It shall be the duty of a Passenger Transport Executive to comply with every
requirement of the Secretary of State to provide him with advice about a matter
connected with a function or other activity of his in relation to railways or
railway services.
(2)
A Passenger Transport Executive are not required to do anything under this
25
section to the extent that it would involve an unreasonable administrative
burden for the Executive.
(3)
In determining the extent to which anything would involve an unreasonable
administrative burden regard must be had (where relevant) to so much of
whatever else the Passenger Transport Executive are required to do under this
30
section as they have accepted does not involve such a burden.
(4)
References in this section to the functions of the Secretary of State in relation to
railways or railway services—
(a)
include references, in particular, to all his functions under Part 1 of the
1993 Act, Part 4 of the 2000 Act or this Act; but
35
(b)
do not include references to any functions of his so far as they are
exercisable, or fall to be performed, for or in connection with the
railway safety purposes (within the meaning of Schedule 3).

Railways Bill
Part 6 — General and supplemental
56

Part 6
General and supplemental
General
52
Taxation
Schedule 10 (which makes taxation provision in relation to transfer schemes
5
under sections 1(2) and 12) has effect.
53
Further amendments of the 1993 Act
(1)
In sections 118 and 119 of the 1993 Act (powers in emergency and security
powers etc.), at the end of subsection (11), in each case, insert “with ‘railway’
having its wider meaning for the purposes of this section.”
10
(2)
Schedule 11 (which makes further miscellaneous minor and consequential
amendments of the 1993 Act) has effect.
Supplemental
54
Expenses etc.
(1)
There shall be paid out of money provided by Parliament—
15
(a)
any expenditure incurred by the Secretary of State for or in connection
with the carrying out of any of his functions under this Act; and
(b)
any increase attributable to this Act in the sums which are payable out
of money so provided under any other Act.
(2)
Sums received by the Secretary of State by virtue of any of the following
20
provisions of this Act must be paid into the Consolidated Fund—
(a)
section 6;
(b)
section 10(6);
(c)
section 13(3);
(d)
paragraph 7 of Schedule 5.
25
55
Powers exercisable by statutory instrument
(1)
Every power conferred by this Act on the Secretary of State or the Scottish
Ministers to make an order or regulations is a power exercisable by statutory
instrument.
(2)
Where—
30
(a)
this Act provides for an order or regulations to be subject to the
negative resolution procedure, and
(b)
a draft of the order or regulations is not required, in accordance with
subsection (4) or any other enactment, to have been laid before
Parliament and approved by a resolution of each House, or by a
35
resolution of the House of Commons or of the Scottish Parliament,

the statutory instrument containing the order or regulations shall be subject to
annulment in pursuance of a relevant resolution.

Railways Bill
Part 6 — General and supplemental
57

(3)
In subsection (2) “a relevant resolution”—
(a)
in relation to an order or regulations made by the Secretary of State,
means a resolution of either House of Parliament; and
(b)
in relation to an order or regulations made by the Scottish Ministers,
means a resolution of the Scottish Parliament.
5
(4)
Where this Act specifies that a power to make provision of a particular
description by order is subject to the affirmative resolution procedure, no order
may be made containing provision of that description (with or without other
provision) unless a draft of the order has been—
(a)
laid before Parliament; and
10
(b)
approved by a resolution of each House.
(5)
Subject to subsection (6), every power under this Act of the Secretary of State
or Scottish Ministers to make an order or regulations includes power—
(a)
to make different provision for different cases (including different
provision in respect of different areas);
15
(b)
to make provision subject to such exemptions and exceptions as the
person exercising the power thinks fit; and
(c)
to make such incidental, supplemental, consequential and transitional
provision as that person thinks fit.
(6)
Subsection (5) does not apply to the power of the Secretary of State to make an
20
order under section 59(2).
56
Meaning of “Wales-only service” and “Welsh service”
(1)
In this Act—
“Wales-only service” means a railway passenger service which—
(a)
starts and ends in Wales and does not make any other
25
scheduled calls outside Wales; and
(b)
has not been excluded from this definition by an order made by
the Secretary of State;
“Welsh service” means a railway passenger service which starts in Wales,
ends in Wales or otherwise makes at least one scheduled call in Wales.
30
(2)
Before making an order for the purposes of paragraph (b) of the definition of
“Wales-only service”, the Secretary of State must consult the National
Assembly for Wales.
(3)
An order for those purposes is subject to the negative resolution procedure.
57
General interpretation
35
(1)
In this Act—
“the 1993 Act” means the Railways Act 1993 (c. 43);
“the 2000 Act” means the Transport Act 2000 (c. 38);
“contravention” includes a failure to comply and cognate expressions are
to be construed accordingly;
40
“Wales-only service” and “Welsh service” have the meanings given by
section 56.

Railways Bill
Part 6 — General and supplemental
58

(2)
An expression which is given a meaning by any provision of the 1993 Act for
the purpose either of that Act or of Part 1 of it has the same meaning in this Act
as in that Act or (as the case may be) that Part.
(3)
In this Act a reference to a Passenger Transport Authority, to a Passenger
Transport Executive or to a passenger transport area is a reference to the
5
authority, executive or area which is such an Authority, Executive or area for
the purposes of Part 2 of the Transport Act 1968 (c. 73).
(4)
For the purposes of this Act a company is wholly owned by a person at any
time when it has no members other than one or more persons falling within the
following paragraphs—
10
(a)
that person;
(b)
a company which is wholly owned by that person;
(c)
a person acting on behalf of that person or of such a company.
(5)
For the purposes of this Act a company is jointly owned by two or more
persons (“the relevant persons”) at any time when (without being wholly
15
owned by a person) it has no members other than two or more persons falling
within the following paragraphs—
(a)
the relevant persons;
(b)
a company which is jointly owned by two or more of the relevant
persons or which is wholly owned by one of them;
20
(c)
a person acting on behalf of one or more of the relevant persons or of
such a company.
58
Consequential amendments and repeals
(1)
Schedule 12 (which contains consequential and minor amendments) has effect.
(2)
The provisions in Part 1 of Schedule 13 (which include some that are spent) are
25
repealed to the extent shown in the second column of that Part.
(3)
Those repeals have effect subject to the savings in Part 2 of that Schedule.
59
Short title, commencement and extent
(1)
This Act may be cited as the Railways Act 2005.
(2)
This Act (apart from this section and section 55(1)) shall come into force on
30
such day as the Secretary of State by order appoints; and different days may be
appointed for different purposes.
(3)
The Secretary of State may by order make such transitional provisions and
savings in connection with the bringing into force of—
(a)
Part 4 of this Act, or
35
(b)
the repeal of sections 37 to 49 of the 1993 Act or of Schedule 5 to that Act
(closures),

as he thinks fit.
(4)
An order containing provision made by virtue of subsection (3) is subject to the
negative resolution procedure.
40
(5)
The following provisions of this Act extend to England and Wales only—
(a)
section 13;
(b)
section 39; and

Railways Bill
Part 6 — General and supplemental
59

(c)
section 51.
(6)
This Act does not extend to Northern Ireland.