|
| |
|
order, or to make or to confirm a provisional order, if he considers or |
| |
(as the case may be) they consider— |
| |
(a) | that the contravention or apprehended contravention is |
| |
| |
(b) | that it would be inappropriate, for that reason, to make or to |
| 5 |
| |
(5D) | The appropriate authority must comply with subsection (6)— |
| |
(a) | in a case where the appropriate authority is the Secretary of |
| |
State or the Scottish Ministers, if that authority decides not to |
| |
make a final order, or not to make or to confirm a provisional |
| 10 |
order, because of provision contained in subsection (5) or |
| |
| |
(b) | in the case of the Office of Rail Regulation, if it decides not to |
| |
make a final order, or not to make or to confirm a provisional |
| |
order, because of provision contained in subsection (5), (5A) |
| 15 |
| |
(6) | In subsection (6) (notice of decisions), for the words from the beginning to |
| |
the end of paragraph (a) substitute— |
| |
“(6) | Where the appropriate authority must comply with this subsection, |
| |
| 20 |
(a) | serve notice of its decision on the relevant operator; and”. |
| |
(7) | In subsection (7A), for “to the Authority in the event of any specified |
| |
contravention of the order such” substitute “in the event of a specified |
| |
contravention of the order— |
| |
(a) | in the case of an order made by the Scottish Ministers, to |
| 25 |
| |
(b) | in any other case, to the Secretary of State, |
| |
| |
| |
(a) | in paragraph (a) of the definition of “the appropriate authority”, omit |
| 30 |
“apart from a condition which relates to consumer protection,”; |
| |
(b) | for paragraph (b) substitute— |
| |
“(aa) | in relation to any relevant condition or requirement |
| |
| |
(i) | a franchisee under a Scottish franchise |
| 35 |
| |
(ii) | a franchise operator in relation to such an |
| |
| |
(iii) | a person under Scottish closure restrictions, |
| |
| the Scottish Ministers; and |
| 40 |
(b) | in relation to any relevant condition or requirement |
| |
| |
(i) | a franchisee not falling within paragraph |
| |
| |
(ii) | a franchise operator not falling within |
| 45 |
| |
(iii) | a person under closure restrictions that are |
| |
not Scottish closure restrictions, |
| |
|
| |
|
| |
|
| the Secretary of State;”. |
| |
22 | In section 56(2A) of the 1993 Act (procedural requirements for section 55 |
| |
orders), for the words “Authority”, where first occurring, to the end of the |
| |
subsection substitute “Secretary of State and on the Scottish Ministers.” |
| |
23 (1) | Section 57A of the 1993 Act (penalties) is amended as follows. |
| 5 |
(2) | In subsection (2), for “to the Authority” substitute— |
| |
“(a) | in the case of a penalty imposed by the Scottish Ministers, to |
| |
| |
(b) | in any other case, to the Secretary of State.” |
| |
| 10 |
(a) | for “The Authority shall not” substitute “Neither the Secretary of |
| |
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 |
| 15 |
(c) | in paragraph (c), for “the Authority” substitute “the Secretary of State |
| |
or (as the case may be) the Scottish Ministers”. |
| |
24 (1) | In section 57B of the 1993 Act— |
| |
(a) | for “Authority”, wherever occurring, substitute “Secretary of State, |
| |
the Scottish Ministers”; and |
| 20 |
(b) | in subsections (3) and (4), after “statement of” insert “his, their or”. |
| |
(2) | The fact that a statement of policy has not been published by the Secretary |
| |
of State, by the Scottish Ministers or by the Office of Rail Regulation under |
| |
section 57B of the 1993 Act does not affect— |
| |
(a) | the validity of any decision to impose a penalty under section 57A; |
| 25 |
(b) | any determination of the amount of any such penalty; |
| |
(c) | the inclusion in a final or provisional order of any requirement to pay |
| |
| |
(d) | any determination of the amount of the sum payable in accordance |
| |
| 30 |
25 | In section 57C(3) of the 1993 Act (service of penalty notices), for the words |
| |
“Authority”, where first occurring, to the end of the subsection substitute |
| |
“Secretary of State and on the Scottish Ministers.” |
| |
26 (1) | This paragraph applies to things done under or for the purposes of any |
| |
provision of sections 55 to 58 of the 1993 Act (enforcement) so far as they |
| 35 |
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 |
| |
| 40 |
(a) | so far as they are things done by or in relation to the Strategic Rail |
| |
Authority as the appropriate authority in relation to a condition |
| |
relating to consumer protection, as if they were done by or in relation |
| |
to the Secretary of State or the Scottish Ministers, as the case may |
| |
| 45 |
(b) | in any other case, as if they were done by or in relation to the Office |
| |
| |
|
| |
|
| |
|
Abolition of functions relating to railway administration orders |
| |
27 (1) | The following provisions of the 1993 Act (which relate to applications by the |
| |
SRA for railway administration orders and to notices to the SRA about |
| |
insolvency proceedings against protected railway companies) shall cease to |
| |
| 5 |
(a) | section 61(1)(a)(ii) and (2)(b); and |
| |
(b) | section 62(2)(a)(ii), (3)(b), (5)(a)(ii), (6)(b) and (7)(b). |
| |
(2) | Where a railway administration order is in force immediately before the |
| |
commencement of this paragraph in relation to a company, things done by |
| |
or in relation to the Strategic Rail Authority for the purposes of or in |
| 10 |
connection with that order and by virtue of — |
| |
(a) | any provision of sections 59 to 62 of the 1993 Act, or |
| |
(b) | any provision of Schedule 6 or 7 to that Act, or of the Insolvency Act |
| |
1986 (c. 45) as modified by Schedule 6 to the 1993 Act, |
| |
| are to have effect, so far as necessary for giving them continuing validity and |
| 15 |
effect, as if done by the appropriate national authority (within the meaning |
| |
of Part 1 of the 1993 Act). |
| |
Abolition of duty to investigate contravention of consumer protection conditions |
| |
28 | Section 71A of the 1993 Act (duty to investigate contraventions of consumer |
| |
protection conditions) shall cease to have effect. |
| 20 |
Transfer of function of maintaining code of practice for protection of disabled rail users |
| |
29 (1) | In section 71B of the 1993 Act (code of practice for protection of disabled rail |
| |
users), for “Authority”, in each place, substitute “Secretary of State”. |
| |
(2) | The code of practice under section 71B of the 1993 Act that is in force |
| |
immediately before the commencement of this paragraph is to have effect |
| 25 |
after the commencement of this paragraph as if prepared and published by |
| |
| |
(3) | The Strategic Rail Authority must provide the Secretary of State with |
| |
particulars of any consultation under section 71B(2) of the 1993 Act which |
| |
was undertaken before the commencement of this paragraph by that |
| 30 |
Authority in relation to future revisions of the code; and that consultation is |
| |
to be treated for the purposes of any revision after the commencement of this |
| |
paragraph as having been undertaken by the Secretary of State. |
| |
Transfer of functions relating to maintenance of register |
| |
30 (1) | In section 73 of the 1993 Act (register maintained by the SRA), for |
| 35 |
“Authority”, wherever occurring, substitute “Secretary of State”. |
| |
(2) | In subsection (1) of that section, for “it” substitute “he”. |
| |
(3) | In subsection (2) of that section— |
| |
(a) | for the words from “subsection (3)” to “subsection (4)” substitute |
| |
“subsections (3) and (4)”; |
| 40 |
(b) | after “in the register” insert “(except so far as they are required to be |
| |
entered in the register maintained under section 73A below)”; |
| |
(c) | in paragraph (e) for “it”, in each place, substitute “he”; and |
| |
|
| |
|
| |
|
(d) | after paragraph (g) insert— |
| |
“(ga) | every designation under section 23 and every |
| |
variation or revocation of such a designation;”. |
| |
(4) | For subsection (3) of that section substitute— |
| |
“(3) | The Secretary of State may enter the provisions of anything in the |
| 5 |
register in a manner that excludes, so far as practicable, so much of |
| |
the details of those provisions as he considers it appropriate to |
| |
exclude for the purpose of maintaining the confidentiality of— |
| |
(a) | matters relating to the affairs of an individual the publication |
| |
of which would or might, in the Secretary of State’s opinion, |
| 10 |
seriously and prejudicially affect the interests of that |
| |
| |
(b) | matters relating specifically to the affairs of a particular body |
| |
of persons the publication of which would or might, in the |
| |
Secretary of State’s opinion, seriously and prejudicially affect |
| 15 |
the interests of that body.” |
| |
(5) | In subsection (4) of that section, for the words from “or” to “Authority” |
| |
substitute “he may decide”. |
| |
(6) | Subsections (5) and (6) of that section shall cease to have effect. |
| |
(7) | In subsection (7) of that section— |
| 20 |
(a) | after “by”, where first occurring, insert “the Scottish Ministers or”; |
| |
| |
(b) | for “the Office of Rail Regulation may” substitute “the Scottish |
| |
Ministers and the Office of Rail Regulation may each”. |
| |
31 | After that section insert— |
| 25 |
“73A | Keeping of register by the Scottish Ministers |
| |
(1) | The Scottish Ministers must maintain a register. |
| |
(2) | The register must be kept in such form and at such premises as the |
| |
Scottish Ministers determine. |
| |
(3) | Subject to subsections (4) and (5) below, the Scottish Ministers must |
| 30 |
cause the provisions of each of the following to be entered in the |
| |
| |
(a) | every designation made by them under section 23 of this Act, |
| |
and every variation or revocation of such a designation; |
| |
(b) | every franchise exemption granted by them; |
| 35 |
(c) | every franchise agreement to which they are a party; |
| |
(d) | every amendment of such a franchise agreement, other than |
| |
those that are unlikely to have a material effect on the |
| |
provision of services under the agreement or on the sums |
| |
| 40 |
(e) | every determination made by them under section 34 of the |
| |
Railways Act 2005 that a closure is a minor modification or |
| |
that closures of a particular description are minor |
| |
| |
(f) | every revocation of a determination made by them under |
| 45 |
that section in relation to a description of closures; |
| |
|
| |
|
| |
|
(g) | every condition agreed to under subsection (5) of that section |
| |
in connection with a determination made by them; |
| |
(h) | every final or provisional order made by them; |
| |
(i) | every revocation by them of such an order; |
| |
(j) | every notice given by them under section 55(6) of this Act of |
| 5 |
a decision not to make such an order; |
| |
(k) | every penalty imposed by them under section 57A of this Act; |
| |
(l) | every statement of policy published by them under section |
| |
| |
(4) | The Scottish Ministers may enter the provisions of anything in the |
| 10 |
register in a manner that excludes, so far as practicable, so much of |
| |
the details of those provisions as they consider it appropriate to |
| |
exclude for the purpose of maintaining the confidentiality of— |
| |
(a) | matters relating to the affairs of an individual the publication |
| |
of which would or might, in the Scottish Ministers’ opinion, |
| 15 |
seriously and prejudicially affect the interests of that |
| |
| |
(b) | matters relating specifically to the affairs of a particular body |
| |
of persons the publication of which would or might, in the |
| |
Scottish Ministers’ opinion, seriously and prejudicially affect |
| 20 |
the interests of that body. |
| |
(5) | If it appears to the Scottish Ministers that the entry of any provision |
| |
in the register would be against the public interest, they may decide |
| |
not to enter it in the register. |
| |
(6) | The contents of the register must be available for inspection, at any |
| 25 |
time and free of charge, by the Secretary of State or the Office of Rail |
| |
| |
(7) | The Secretary of State and the Office of Rail Regulation may each |
| |
require the Scottish Ministers to supply him or (as the case may be) |
| |
it free of charge with a certified copy of a part of the register or with |
| 30 |
a certified extract from it. |
| |
(8) | The references in subsection (7) to a certified copy or a certified |
| |
extract are references to a copy or extract that has been certified by |
| |
the Scottish Ministers to be a true copy or extract. |
| |
(9) | In subsection (3)(d) ‘amendment’, in relation to a franchise |
| 35 |
agreement, means any amendment however described, including |
| |
variations (whether or not effected in accordance with the terms of |
| |
the agreement or by a modification of it) of the property, rights and |
| |
liabilities which from time to time constitute the franchise assets.” |
| |
Transfer of functions relating to the Rail Passengers’ Council |
| 40 |
32 (1) | In section 76 of the 1993 Act (general duties of Rail Passengers’ Council), for |
| |
“Authority”, wherever occurring (except in subsection (6)(a)), substitute |
| |
| |
(2) | In subsection (4) of that section, for “service” substitute “secured service |
| |
(within the meaning of Part 4 of the Railways Act 2005) which is”. |
| 45 |
(3) | In subsection (5) of that section, in the words after paragraph (b)— |
| |
|
| |
|
| |
|
(a) | for “its” substitute “his”; and |
| |
(b) | for the word “it”, in the last place where it occurs, substitute “he”. |
| |
(4) | In subsection (6)(a) of that section, omit “and the Authority”. |
| |
(5) | Subsection (8) of that section shall cease to have effect. |
| |
Transfer of power to require information from licence holders |
| 5 |
33 (1) | In section 80 of the 1993 Act (duty to provide information to the SRA on |
| |
request), for “Authority”, wherever occurring, substitute “Secretary of State, |
| |
the Scottish Ministers or the Office of Rail Regulation”. |
| |
(2) | In subsection (1) of that section— |
| |
(a) | for “it”, in each place, substitute “he, they or it”; and |
| 10 |
(b) | for “of its functions” substitute “functions of the Secretary of State, |
| |
the Scottish Ministers or (as the case may be) that Office”. |
| |
Abolition of functions relating to penalty fares |
| |
34 | In section 130 of the 1993 Act— |
| |
(a) | for paragraph (p) of subsection (2) (power to allow Secretary of State |
| 15 |
or SRA to prohibit the charging of penalty fares by person suspected |
| |
of contraventions) substitute— |
| |
“(p) | the imposition by the Secretary of State or the Scottish |
| |
Ministers of prohibitions on the charging of penalty |
| |
fares by prescribed persons and in prescribed |
| 20 |
| |
(b) | subsections (5), (6) and (10) (functions conferred on the SRA by |
| |
penalty fare regulations) shall cease to have effect. |
| |
Transfer of functions relating to concessionary travel |
| |
35 (1) | Section 135 of the 1993 Act (concessionary travel) is amended as follows. |
| 25 |
(2) | In subsections (2) and (3), for “Authority may” substitute “Secretary of State |
| |
and the Scottish Ministers may each”. |
| |
(3) | In subsection (6), for “The Authority may perform any of its functions” |
| |
substitute “The Secretary of State and the Scottish Ministers may exercise |
| |
powers and perform duties conferred or imposed on him or them”. |
| 30 |
(4) | In subsection (7), for “Authority undertakes” substitute “Secretary of State |
| |
undertakes, or the Scottish Ministers undertake,”. |
| |
Abolition of certain functions under the 2000 Act |
| |
36 | The following provisions of the 2000 Act shall cease to have effect— |
| |
(a) | section 213 (powers to provide railway services); |
| 35 |
(b) | section 214 (substitute bus and taxi services); and |
| |
(c) | section 219 (power to make bye-laws). |
| |
|
| |
|
| |
|
| |
Definitions for purposes of transfers to Scottish Ministers |
| |
37 (1) | Section 83(1) of the 1993 Act (expressions defined for the purposes of that |
| |
Act, Part 4 of the 2000 Act and this Act) is amended as follows. |
| |
(2) | After the definition of “closure consent” insert— |
| 5 |
“‘cross-border service’ means a railway passenger service |
| |
starting either in England and Wales or in Scotland and |
| |
ending, or otherwise making at least one scheduled call, in |
| |
| |
(3) | After the definition of “rolling stock” insert— |
| 10 |
“‘scheduled call’, in relation to a service or journey, means a |
| |
scheduled stop at a station for the purpose of allowing |
| |
passengers to join or leave the service or train (including the |
| |
stops where the service or journey starts and ends); |
| |
‘Scotland-only service’ means a railway passenger service |
| 15 |
which starts and ends in Scotland and is not a cross-border |
| |
| |
‘Scottish franchise agreement’ means a franchise agreement the |
| |
franchised services under which— |
| |
(a) | consist of or include Scotland-only services; and |
| 20 |
(b) | so far as they include other services, include only |
| |
cross-border services designated by the Scottish |
| |
| |
| |
| |
| 25 |
Application and commencement of scheme |
| |
1 (1) | A scheme may set out the property, rights and liabilities to be transferred in |
| |
one or more of the following ways— |
| |
(a) | by specifying or describing them in particular; |
| |
(b) | by identifying them generally by reference to an undertaking from |
| 30 |
which they are to be transferred; or |
| |
(c) | by identifying them by reference to a specified part of such an |
| |
| |
(2) | A scheme comes into force on the date appointed by the scheme. |
| |
Property, rights and liabilities that may be transferred |
| 35 |
2 (1) | The property, rights and liabilities that may be transferred by a scheme |
| |
| |
(a) | property, rights and liabilities that would not otherwise be capable |
| |
of being transferred or assigned by the transferor; |
| |
|
| |
|