Railways Bill

House of Commons

Session 2004 - 05
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Railways Bill

Railways Bill
Schedule 1 — Transfer etc. of functions of the Strategic Rail Authority
Part 1 — Transfer and abolition of functions
67

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
trivial; and
(b)
that it would be inappropriate, for that reason, to make or to
5
confirm the order.
(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
(5ZA) above; 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
or (5B) above.”
      (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,
it must—
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
them, and
(b)
in any other case, to the Secretary of State,

such”.
      (8)
In subsection (10)—
(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
in the case of—
(i)
a franchisee under a Scottish franchise
35
agreement,
(ii)
a franchise operator in relation to such an
agreement, or
(iii)
a person under Scottish closure restrictions,

the Scottish Ministers; and
40
(b)
in relation to any relevant condition or requirement
in the case of—
(i)
a franchisee not falling within paragraph
(aa)(i),
(ii)
a franchise operator not falling within
45
paragraph (aa)(ii), or
(iii)
a person under closure restrictions that are
not Scottish closure restrictions,

Railways Bill
Schedule 1 — Transfer etc. of functions of the Strategic Rail Authority
Part 1 — Transfer and abolition of functions
68


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
them; and
(b)
in any other case, to the Secretary of State.”
      (3)
In subsection (5)—
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
a sum; or
(d)
any determination of the amount of the sum payable in accordance
with such an order.
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
effect—
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
require;
45
(b)
in any other case, as if they were done by or in relation to the Office
of Rail Regulation.

Railways Bill
Schedule 1 — Transfer etc. of functions of the Strategic Rail Authority
Part 1 — Transfer and abolition of functions
69

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
have effect—
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
the Secretary of State.
      (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

Railways Bill
Schedule 1 — Transfer etc. of functions of the Strategic Rail Authority
Part 1 — Transfer and abolition of functions
70

(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
individual; and
(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”;
and
(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
register—
(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
payable under it;
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
modifications;
(f)
every revocation of a determination made by them under
45
that section in relation to a description of closures;

Railways Bill
Schedule 1 — Transfer etc. of functions of the Strategic Rail Authority
Part 1 — Transfer and abolition of functions
71

(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
57B of this Act.
(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
individual; and
(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
Regulation.
(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
“Secretary of State”.
      (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)—

Railways Bill
Schedule 1 — Transfer etc. of functions of the Strategic Rail Authority
Part 1 — Transfer and abolition of functions
72

(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
circumstances;”
(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).

Railways Bill
Schedule 2 — Transfer schemes
73

Part 2
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
the other;”.
      (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
service;
‘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
Ministers;”.
Schedule 2
Sections 1 and 12

Transfer schemes
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
undertaking.
      (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
include—
(a)
property, rights and liabilities that would not otherwise be capable
of being transferred or assigned by the transferor;