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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;

 

 

 
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