|
| |
|
| |
| |
| |
Transfer etc. of functions of the Strategic Rail Authority |
| |
| |
Transfer and abolition of functions |
| 5 |
Transfer to ORR of consumer protection and other functions relating to licensing |
| |
1 (1) | In section 7 of the 1993 Act— |
| |
(a) | in subsections (1) and (3) (consultation with SRA about exemptions), |
| |
omit “and the Authority”; and |
| |
(b) | subsections (5A), (6A) and (8A) (consumer protection conditions) |
| 10 |
shall cease to have effect. |
| |
(2) | In subsection (9) of that section, for “subsections (6) and (6A)” substitute |
| |
| |
2 | Section 7A of the 1993 Act (consumer protection conditions) shall cease to |
| |
| 15 |
3 (1) | In section 8 of the 1993 Act (licences), in subsection (1)— |
| |
(a) | in paragraph (a), omit “and the Authority”; |
| |
(b) | in paragraph (b), omit “given after consultation with the Authority”. |
| |
(2) | In subsection (2) of that section, paragraph (a) shall cease to have effect. |
| |
(3) | In subsection (6) of that section (consent required for surrender of licence), |
| 20 |
for “and the Authority consent” substitute “consents”. |
| |
(4) | In subsection (7) of that section— |
| |
(a) | in paragraph (a), omit “, to the Authority”; and |
| |
(b) | in paragraph (b), for “Authority” substitute “Secretary of State”. |
| |
(5) | In subsection (8) of that section, omit “and the Authority”. |
| 25 |
4 | In section 11 of the 1993 Act (assignment of licences)— |
| |
(a) | in subsection (2)(b), omit “and the Authority”; |
| |
(b) | in subsection (4), omit “or persons”. |
| |
5 (1) | In section 12 of the 1993 Act, subsections (1A) to (1C) (modification of |
| |
consumer protection conditions) shall cease to have effect. |
| 30 |
(2) | In subsection (2) of that section, for “of any conditions of a licence that do not |
| |
relate to consumer protection” substitute “under this section”. |
| |
|
| |
|
| |
|
6 | In section 13 of the 1993 Act (modification references to Competition |
| |
| |
(a) | for “the appropriate authority”, wherever occurring, substitute “the |
| |
Office of Rail Regulation”; and |
| |
(b) | subsections (1A) to (1C) shall cease to have effect. |
| 5 |
7 | In section 13A of the 1993 Act (time limits under section 13), for “the |
| |
appropriate authority”, wherever occurring, substitute “the Office of Rail |
| |
| |
8 | In section 14 of the 1993 Act (reports on modification references)— |
| |
(a) | for “the appropriate authority”, wherever occurring, substitute “the |
| 10 |
Office of Rail Regulation”; and |
| |
(b) | subsection (5A) shall cease to have effect. |
| |
9 | In section 15 of the 1993 Act (modification following report)— |
| |
(a) | subsections (1B) and (3A) (reports to the SRA) shall cease to have |
| |
| 15 |
(b) | in subsections (2), (4A), (4B), (4C) and (4D), omit “or Authority” |
| |
| |
(c) | in subsection (4), omit “or (3A)” and “or the Authority”. |
| |
10 (1) | This paragraph applies to things done under or for the purposes of any |
| |
provision of sections 13 to 15C of the 1993 Act (modification of licences) so |
| 20 |
far as they were done before the commencement of this paragraph by or in |
| |
relation to the Strategic Rail Authority as the appropriate authority. |
| |
(2) | In relation to times after the commencement of this paragraph, those things |
| |
shall have effect, so far as necessary for giving them continuing validity or |
| |
effect, as if done by or in relation to the Office of Rail Regulation. |
| 25 |
Transfers relating to the provision, improvement or development of railway facilities |
| |
11 (1) | In sections 16A, 16C(3), 16D, 16E(2)(a), 16F(3)(a) and 16G of the 1993 Act |
| |
(directions by Office of Rail Regulation, on applications made by or with the |
| |
consent of the SRA, to provide, improve or develop railway facilities), for |
| |
“Authority”, wherever occurring, substitute “appropriate facilities |
| 30 |
| |
(2) | In section 16A of that Act, in subsection (3), for “Authority’s consent” |
| |
substitute “consent of the appropriate facilities authority”. |
| |
(3) | In that section, after that subsection insert— |
| |
“(3A) | In this section and sections 16B to 16G below ‘the appropriate |
| 35 |
| |
(a) | in relation to facilities in Scotland, means the Scottish |
| |
| |
(b) | in relation to any other facilities, means the Secretary of |
| |
| 40 |
(4) | In section 16B(1) and (4) of that Act (exemptions of facilities from section |
| |
16A), for “Secretary of State”, in each place, substitute, “appropriate facilities |
| |
| |
|
| |
|
| |
|
(5) | In section 16B of that Act, after subsection (6) insert— |
| |
“(7) | A statutory instrument containing an order made under this section |
| |
by the Scottish Ministers shall be subject to annulment in pursuance |
| |
of a resolution of the Scottish Parliament.” |
| |
(6) | An exemption granted under subsection (1) of section 16B of that Act before |
| 5 |
the commencement of this paragraph— |
| |
(a) | which is in force at the time of the commencement of this paragraph |
| |
or is to come into force after that time, and |
| |
(b) | is contained in an order the power to make which is exercisable after |
| |
that time by the Scottish Ministers, |
| 10 |
| is to have effect after that time as if contained in an order made by those |
| |
Ministers which is not subject to subsection (7) of that section. |
| |
Transfer of functions relating to access agreements |
| |
12 (1) | In sections 17 to 19 of the 1993 Act (access agreements) except in sections |
| |
17(4) and 19(7), for “the Authority”, wherever occurring, substitute “the |
| 15 |
| |
(2) | In each of sections 17(4) and 19(7) (references to operating on behalf of |
| |
| |
(a) | for “Authority”, where first occurring, substitute “Secretary of State”; |
| |
(b) | for “Authority”, in the second place, substitute “Secretary of State or |
| 20 |
the Scottish Ministers”; and |
| |
(c) | for “the Authority”, in the third and fourth places, substitute “him or |
| |
| |
(3) | In section 18(6A)(b) of that Act, for “its” substitute “his”. |
| |
Transfer of functions relating to franchise agreements |
| 25 |
13 (1) | In section 23 of the 1993 Act (passenger services to be subject to franchise |
| |
agreements), in subsections (1) and (2), for “Authority”, wherever occurring, |
| |
substitute “appropriate designating authority”. |
| |
(2) | After subsection (2) of that section insert— |
| |
“(2ZA) | Where the Scottish Ministers designate Scotland-only services, they |
| 30 |
may also designate cross-border services which— |
| |
(a) | they consider should be provided under the same franchise |
| |
agreement as particular Scotland-only services or a particular |
| |
| |
(b) | are not exempt from designation under subsection (1) by |
| 35 |
| |
(2ZB) | Nothing in this section requires the Secretary of State to designate a |
| |
cross-border service already designated by the Scottish Ministers. |
| |
(2ZC) | Before the Secretary of State or the Scottish Ministers designate a |
| |
cross-border service he or they must consult the other.” |
| 40 |
(3) | Subsection (2B) of that section (publication of designations etc.) shall cease |
| |
| |
(4) | In subsection (3) of that section— |
| |
|
| |
|
| |
|
(a) | before the definition of “franchise agreement” insert— |
| |
“‘the appropriate designating authority’— |
| |
(a) | in relation to Scotland-only services, means |
| |
the Scottish Ministers; and |
| |
(b) | in relation to all other services, means the |
| 5 |
| |
‘the appropriate franchising authority’— |
| |
(a) | in relation to a Scottish franchise agreement, |
| |
means the Scottish Ministers; and |
| |
(b) | in relation to any other franchise agreement, |
| 10 |
means the Secretary of State;” |
| |
(b) | in the definition of “franchise agreement”, for “with the Authority” |
| |
substitute “with the Secretary of State, with the Scottish Ministers or |
| |
with the Secretary of State and the National Assembly for Wales |
| |
| 15 |
(5) | Every designation made by the Strategic Rail Authority under section 23 of |
| |
the 1993 Act which is in force immediately before the commencement of sub- |
| |
paragraph (1) shall have effect after the commencement of that sub- |
| |
paragraph as a designation in accordance with that section— |
| |
(a) | in the case of services that at that time were being provided under a |
| 20 |
franchise agreement the franchised services under which consist of |
| |
or include Scotland-only services, by the Scottish Ministers; and |
| |
(b) | in any other case, by the Secretary of State. |
| |
14 (1) | Section 24 of the 1993 Act (franchise exemptions granted by the Secretary of |
| |
State) is amended as follows. |
| 25 |
(2) | In subsections (1) to (5) and (9), for “Secretary of State”, wherever occurring, |
| |
substitute “appropriate designating authority”. |
| |
(3) | In subsection (3)(a) and (b), for “he” in each place substitute “the appropriate |
| |
| |
(4) | After subsection (3) insert— |
| 30 |
“(3A) | Before granting a franchise exemption in respect of a cross-border |
| |
service, the Secretary of State must consult the Scottish Ministers.” |
| |
(5) | In subsection (4), for “he”, in both places, substitute “it”. |
| |
(6) | In subsection (6), for “is not complied with, the Secretary of State” substitute |
| |
“granted by the appropriate designating authority is not complied with, it”. |
| 35 |
(7) | In subsection (9), for “him”, in each place, substitute “it”. |
| |
(8) | After subsection (12) insert— |
| |
“(12A) | A statutory instrument containing an order under this section by the |
| |
Scottish Ministers is subject to annulment in pursuance of a |
| |
resolution of the Scottish Parliament.” |
| 40 |
15 (1) | Section 26 of the 1993 Act (invitation to tender for franchises) is amended as |
| |
| |
(2) | In subsection (1), for the words from the beginning to “Authority” substitute |
| |
“The appropriate franchising authority may select the person who is to be |
| |
the franchisee in relation to a franchise agreement”. |
| 45 |
|
| |
|
| |
|
(3) | In subsections (2) and (3), for “Authority”, wherever occurring, substitute |
| |
“appropriate franchising authority”. |
| |
(4) | Subsection (4) shall cease to have effect. |
| |
(5) | For subsections (5) to (10) (statement by the Secretary of State about his |
| |
power to give directions) substitute— |
| 5 |
“(4A) | The Secretary of State and the Scottish Ministers shall each publish a |
| |
statement of policy about how he proposes, or (as the case may be) |
| |
they propose, to exercise the power under subsection (1) above. |
| |
(4B) | The statement must in particular include the policy of the Secretary |
| |
of State or the Scottish Ministers about— |
| 10 |
(a) | when his or their selection of the person to be a franchisee |
| |
under a franchise agreement is likely to be from those |
| |
submitting tenders in response to an invitation to do so; |
| |
(b) | when it is likely such an invitation will not be issued; and |
| |
(c) | the means by which he is, or they are, proposing that the |
| 15 |
selection will be made in cases where there is no such |
| |
| |
(4C) | In deciding whether to select the person who is to be the franchisee |
| |
under a franchise agreement by means of an invitation to tender and |
| |
whom so to select, the appropriate franchising authority must have |
| 20 |
regard to its statement of policy. |
| |
(4D) | The Secretary of State or Scottish Ministers— |
| |
(a) | may at any time alter or replace the statement of policy which |
| |
he has made or (as the case may be) which they have made; |
| |
| 25 |
(b) | where that statement is altered or replaced, must publish the |
| |
altered or replacement statement. |
| |
(4E) | Before preparing, altering or replacing a statement of policy— |
| |
(a) | the Secretary of State must consult the National Assembly for |
| |
Wales and undertake such other consultation as he considers |
| 30 |
| |
(b) | the Scottish Ministers must undertake such consultation as |
| |
they consider appropriate. |
| |
(4F) | Where a statement of policy is prepared, altered or replaced, a copy |
| |
| 35 |
(a) | in the case of a statement prepared, altered or replaced by the |
| |
Secretary of State, before Parliament; and |
| |
(b) | in the case of a statement prepared, altered or replaced by the |
| |
Scottish Ministers, before the Scottish Parliament.” |
| |
(6) | The fact that a statement of policy has not been published by any person |
| 40 |
under section 26(4A) of the 1993 Act does not affect the validity of any |
| |
selection made as mentioned in section 26(1) of that Act. |
| |
16 | For sections 26A, 26B and 26C of the 1993 Act (directions of the Secretary of |
| |
|
| |
|
| |
|
State where no tenders or tenders appear unsatisfactory) substitute— |
| |
“26ZA | No adequate tender for franchise received |
| |
(1) | This section applies in the case of an invitation to tender under |
| |
section 26 for the provision of services if— |
| |
(a) | the appropriate franchising authority receives no tender in |
| 5 |
response to the invitation; or |
| |
(b) | it receives a tender but considers that the services would be |
| |
provided more economically and efficiently if they were |
| |
provided otherwise than under a franchise agreement |
| |
entered into in response to the tender. |
| 10 |
(2) | The appropriate franchising authority may — |
| |
(a) | issue a new invitation to tender under section 26 for the |
| |
provision of the services; |
| |
(b) | decide to secure the provision of the services under a |
| |
franchise agreement with a person who did not submit a |
| 15 |
| |
(c) | decide not to seek to secure the provision of the services |
| |
under a franchise agreement. |
| |
(3) | Nothing in this section prevents the appropriate franchising |
| |
authority, where it has decided not to seek to secure the provision of |
| 20 |
services under a franchise agreement, from subsequently making a |
| |
decision to issue a new invitation to tender for the provision of those |
| |
| |
17 (1) | In section 27 of the 1993 Act (transfer of franchise assets or shares), for |
| |
“Authority”, wherever occurring, substitute “appropriate franchising |
| 25 |
| |
(2) | In subsection (8) and (9) of that section, for “Schedule 21 to the Transport Act |
| |
2000” substitute “section 12 of the Railways Act 2005”. |
| |
18 (1) | In section 28 of the 1993 Act (fares and approved discount fare schemes), in |
| |
subsection (2), for “Authority”, substitute “appropriate franchising |
| 30 |
| |
| |
(a) | after “regarded” insert “, in relation to a franchise agreement,”; and |
| |
(b) | for “Authority” substitute “appropriate franchising authority”. |
| |
(3) | Discount fare schemes which immediately before the commencement of this |
| 35 |
paragraph are approved for the purposes of section 28 of the 1993 Act are to |
| |
be treated after the commencement of this paragraph as approved for the |
| |
purposes of that section by the appropriate franchising authority. |
| |
19 | In section 29 of the 1993 Act (other terms and conditions of franchise |
| |
agreements), for “Authority”, wherever occurring, substitute “appropriate |
| 40 |
| |
Transfer of functions as operator of last resort |
| |
20 (1) | In section 30 of the 1993 Act (operator of last resort to provide or secure |
| |
provision of service where no franchise agreement), for “Authority”, |
| |
wherever occurring, substitute “relevant franchising authority”. |
| 45 |
|
| |
|
| |
|
(2) | Subsection (1)(a) shall cease to have effect. |
| |
(3) | In subsection (2), for “begin (or again begin) to be provided” substitute |
| |
“begin to be provided again”. |
| |
(4) | After subsection (3) of that section, insert— |
| |
“(3A) | For the purposes of this section the Secretary of State and the Scottish |
| 5 |
Ministers shall each have power— |
| |
(a) | to provide or operate network services, station services or |
| |
light maintenance services; or |
| |
(b) | to store goods or consign them from a place to which they |
| |
have been carried by rail; |
| 10 |
| and the Scottish Ministers shall have power to provide Scotland-only |
| |
services and cross-border services. |
| |
(3B) | In this section ‘relevant franchising authority’ means the person who |
| |
was the appropriate franchising authority in relation to the franchise |
| |
agreement that has been terminated or otherwise come to an end.” |
| 15 |
(5) | Where immediately before the commencement of this paragraph any service |
| |
is being provided or secured by the Secretary of State by virtue of section 30 |
| |
of the 1993 Act, that section is to have effect after the commencement of this |
| |
| |
(a) | the condition in subsection (1)(b) of that section were satisfied; and |
| 20 |
(b) | the relevant franchising authority were— |
| |
(i) | except where sub-paragraph (ii) applies, the Secretary of |
| |
| |
(ii) | where the franchised services under the franchise agreement |
| |
in accordance with which the services in question were last |
| 25 |
provided included Scotland-only services, the Scottish |
| |
| |
Transfer etc. of functions relating to enforcement |
| |
21 (1) | Section 55 of the 1993 Act (orders for securing compliance) is amended as |
| |
| 30 |
(2) | In subsections (1), (2) and (4), for “(5B)”, in each place, substitute “(5C)”. |
| |
(3) | In subsection (5), omit “or, as the case may be, section 207 of the Transport |
| |
| |
| |
(a) | for “The Authority shall not” substitute “Neither the Secretary of |
| 35 |
State nor the Scottish Ministers shall”; |
| |
(b) | in paragraph (a), for “it has” and “the Authority” substitute, |
| |
respectively “the Secretary of State has or (as the case may be) those |
| |
Ministers have” and “him or them”; and |
| |
(c) | in paragraph (c), for “the Authority” substitute “the Secretary of State |
| 40 |
or (as the case may be) the Scottish Ministers”. |
| |
(5) | After subsection (5B) insert— |
| |
“(5C) | Neither the Secretary of State nor the Scottish Ministers shall be |
| |
required, in respect of any contravention or apprehended |
| |
contravention of the terms of a franchise agreement, to make a final |
| 45 |
|
| |
|