|
| |
|
New review notice following objections |
| |
6 | In paragraph 8 (new review notices and references to Competition |
| |
Competition), after sub-paragraph (4) insert— |
| |
“(4A) | Paragraph 1G applies to the making of any determination by the |
| |
Office of Rail Regulation of what should be included in a new |
| 5 |
review notice to be given under this paragraph as it applies to the |
| |
conduct of an access charges review.” |
| |
Information to be provided to Competition Commission in connection with reference |
| |
7 (1) | In paragraph 9 (reference to Competition Commission), after sub-paragraph |
| |
| 10 |
“(6A) | A reference to the Competition Commission under this paragraph |
| |
| |
(a) | any information which in the case in question was |
| |
provided to the Office of Rail Regulation by the Secretary |
| |
of State or the Scottish Ministers under paragraph 1D; |
| 15 |
(b) | any information to which he or they referred in |
| |
discharging the obligation imposed by that paragraph; |
| |
(c) | any suggestion which in that case was made under |
| |
| |
(d) | any revision of anything falling within paragraph (a) to (c) |
| 20 |
which has been notified to that Office under paragraph |
| |
| |
(2) | In sub-paragraph (7) of that paragraph, after the words “Competition |
| |
Commission”, in the second place where they occur, insert “(in addition to |
| |
the information and revisions mentioned in sub-paragraph (6A))”. |
| 25 |
(3) | In sub-paragraph (8) of that paragraph, for “sub-paragraph” substitute “sub- |
| |
| |
(4) | In sub-paragraph (9) of that paragraph (matters to be taken into account in |
| |
assessing public interest), at the end insert “and to the information, |
| |
suggestions and revisions mentioned in sub-paragraph (6A)”. |
| 30 |
Noticed of proposed relevant changes following Competition Commission report |
| |
8 (1) | In paragraph 12 (changes following report), after sub-paragraph (4) insert— |
| |
“(4A) | Where (after considering any representations and objections |
| |
which are duly made and not withdrawn) the Office of Rail |
| |
Regulation proposes to make relevant changes under this |
| 35 |
paragraph, it must give a notice to the relevant authorities |
| |
| |
(a) | sets out everything that would have to be included in a |
| |
notice under sub-paragraph (5) with respect to the |
| |
| 40 |
(b) | specifies a period within which the Secretary of State, the |
| |
Scottish Ministers or each of them has the opportunity of |
| |
revising, in the light of those proposals, any information |
| |
provided under paragraph 1D. |
| |
|
| |
|
| |
|
(4B) | If in consequence of any revision of that information that is |
| |
notified to the Office of Rail Regulation within the period specified |
| |
in that notice, that Office decides to modify its proposals, it must— |
| |
(a) | give a new notice with respect to the modified proposals |
| |
under sub-paragraph (3); and |
| 5 |
(b) | comply again with sub-paragraph (4A) and this sub- |
| |
paragraph before giving notice of the modified proposals |
| |
to the Competition Commission. |
| |
(4C) | The relevant authorities for the purposes of sub-paragraph (4A) |
| |
are each of the following— |
| 10 |
(a) | where the Secretary of State was given notice of the review |
| |
under paragraph 1C, the Secretary of State; |
| |
(b) | where the Scottish Ministers were given notice of the |
| |
review under that paragraph, those Ministers; and |
| |
(c) | in each of those cases, the Treasury.” |
| 15 |
(2) | In sub-paragraph (5) of that paragraph, after “withdrawn” insert “and any |
| |
revisions of information provided under paragraph 1D that were notified |
| |
within the period specified under sub-paragraph (4A)”. |
| |
(3) | After that sub-paragraph insert— |
| |
“(5A) | A notice must not be given under sub-paragraph (5) before the end |
| 20 |
of the period specified in the most recent notice given in the case |
| |
in question under sub-paragraph (4A) as the period during which |
| |
the Secretary of State, the Scottish Ministers or each of them has |
| |
the opportunity of revising information provided under |
| |
| 25 |
(4) | In sub-paragraph (6) of that paragraph (information to accompany notice |
| |
sent to Competition Commission), at the end insert “and a copy of any |
| |
revisions of information provided under paragraph 1D that have been |
| |
notified within the period specified in the notice under sub-paragraph (4A)”. |
| |
(5) | In sub-paragraph (10) of that paragraph, for the words from “to the |
| 30 |
Authority” onwards substitute— |
| |
“(a) | where the Secretary of State was given notice of the review |
| |
under paragraph 1C, to the Secretary of State; and |
| |
(b) | where the Scottish Ministers were given notice of the |
| |
review under that paragraph, to those Ministers.” |
| 35 |
Notice of decisions by Competition Commission |
| |
9 | For the last sub-paragraph of paragraph 14 (notice of relevant changes made |
| |
by Competition Commission) substitute— |
| |
“(6) | As soon as practicable after making relevant changes under this |
| |
paragraph, the Competition Commission must send a copy of |
| 40 |
| |
(a) | where the Secretary of State was given notice of the review |
| |
under paragraph 1C, to the Secretary of State; |
| |
(b) | where the Scottish Ministers were given notice of the |
| |
review under that paragraph, to those Ministers; and |
| 45 |
(c) | in each of those cases, to the Office of Rail Regulation.” |
| |
|
| |
|
| |
|
Information to be provided to Competition Commission with proposal for relevant changes |
| |
10 (1) | In sub-paragraph (3) of paragraph 15 (information to be provided to |
| |
Competition Commission for purpose of their functions under paragraphs |
| |
13 and 14), after the words “Competition Commission”, in the second place |
| |
where they occur, insert “(in addition to the information provided in |
| 5 |
accordance with paragraph 12(5) and (6))”. |
| |
(2) | In sub-paragraph (4) of that paragraph, for “any information” substitute— |
| |
“(a) | every revision of which they have been given notice under |
| |
paragraph 12(6) of information provided under paragraph |
| |
| 10 |
| |
| |
11 (1) | Subject to sub-paragraph (2), this Schedule does not apply in relation to any |
| |
review in relation to which the Office of Rail Regulation has given a review |
| |
notice under paragraph 4 of Schedule 4A to the 1993 Act before the |
| 15 |
commencement of this Schedule. |
| |
| |
(a) | the Office of Rail Regulation gave a review notice before the |
| |
commencement of this Schedule in any case, and |
| |
(b) | that Office, following the making of objections in that case (whether |
| 20 |
before or after that commencement), is considering whether to give |
| |
a new review notice under paragraph 8 of Schedule 4A to the 1993 |
| |
Act or to make a reference to the Competition Commission under |
| |
paragraph 9 of that Schedule, |
| |
| that Office, according to what it thinks fit, may either undertake a new access |
| 25 |
charges review in accordance with that Schedule as amended by this |
| |
Schedule or proceed immediately to issue the new review notice or to make |
| |
the reference to that Commission. |
| |
| |
| |
Rail Passengers’ Council established by s. 19(1) |
| 30 |
| |
| |
| |
“accounting records” includes all books, papers and other records of |
| |
| 35 |
(a) | the accounts which it is required to keep; or |
| |
(b) | matters dealt with in those accounts; |
| |
| |
(a) | the period beginning with the establishment of the RPC and |
| |
ending with the following 31st March; or |
| 40 |
(b) | a subsequent period of twelve months ending with 31st March; |
| |
“member” means the chairman or another member of the RPC; |
| |
|
| |
|
| |
|
“the RPC” means the Rail Passengers’ Council established by section |
| |
| |
| |
| |
Remuneration etc. of members |
| 5 |
2 (1) | The RPC must pay to every member, other than the one appointed by the |
| |
London Assembly, the remuneration and allowances that are provided for |
| |
by the terms and conditions of his appointment. |
| |
(2) | The London Transport Users’ Committee must pay to the member |
| |
appointed by the London Assembly the remuneration and allowances that |
| 10 |
are provided for by the terms and conditions of his appointment. |
| |
(3) | The RPC must pay, or make provision for paying, to or in respect of every |
| |
member, other than the member appointed by the London Assembly, such |
| |
sums by way of pensions or allowances as are payable in accordance with |
| |
his terms and conditions of appointment. |
| 15 |
(4) | The London Transport Users’ Committee must pay, or make provision for |
| |
paying, to or in respect of the member appointed by the London Assembly |
| |
such sums by way of pensions or allowances as are payable in accordance |
| |
with his terms and conditions of appointment. |
| |
| 20 |
(a) | a person ceases to be a member of the RPC, and |
| |
(b) | it appears to the Secretary of State that there are special |
| |
circumstances that make it right for the person to receive |
| |
| |
| the RPC must make a payment to that person of such amount as the |
| 25 |
Secretary of State determines. |
| |
| |
3 | The RPC may employ such persons, on such terms and conditions |
| |
(including terms and conditions as to remuneration), as it may determine. |
| |
| 30 |
(a) | pay such pensions, allowances or gratuities as it may determine to or |
| |
in respect of persons who are or have been employees of the RPC; |
| |
(b) | make such payments as it may determine towards provision for the |
| |
payment of pensions, allowances or gratuities to or in respect of such |
| |
| 35 |
(c) | provide and maintain such schemes (whether contributory or not) as |
| |
it may determine for the payment of pensions, allowance or |
| |
gratuities to or in respect of such persons. |
| |
(2) | The pensions, allowances or gratuities referred to in sub-paragraph (1) |
| |
include pensions, allowances or gratuities by way of compensation in |
| 40 |
respect of loss of employment or loss or diminution of emoluments. |
| |
5 (1) | The persons to whom section 1 of the Superannuation Act 1972 (c. 11) |
| |
applies shall include employees of the RPC. |
| |
|
| |
|
| |
|
(2) | If an employee of the RPC— |
| |
(a) | is a participant in a scheme under section 1 of the Superannuation |
| |
Act 1972 (c. 11) by reference to his employment by the RPC, and |
| |
(b) | becomes a member of the RPC, |
| |
| the Minister for the Civil Service may determine that his service as a member |
| 5 |
of the RPC is to be treated for the purposes of the scheme as service as an |
| |
| |
(3) | The RPC must pay to the Minister for the Civil Service, at such times as he |
| |
may direct, such sums as he may determine in respect of any increase |
| |
attributable to sub-paragraph (1) or (2) in the sums payable out of money |
| 10 |
provided by Parliament under the Superannuation Act 1972. |
| |
(4) | The Minister for the Civil Service may, to such extent and subject to such |
| |
conditions as he thinks fit, delegate to the RPC the function of administering |
| |
a scheme under section 1 of the Superannuation Act 1972, so far as relating |
| |
| 15 |
(5) | If he does so, the RPC may authorise the carrying out of that function, to |
| |
such extent and subject to such conditions as it may determine, by— |
| |
(a) | a person nominated by it; or |
| |
(b) | the employees of a person so nominated. |
| |
(6) | Acts or omissions by or in relation to— |
| 20 |
(a) | a person nominated for the purposes of sub-paragraph (5), or |
| |
(b) | an employee of a person so nominated, |
| |
| must be treated for all purposes, so far as they are acts or omissions in or in |
| |
connection with what he is authorised to carry out, as acts or omissions by |
| |
or in relation to the RPC. |
| 25 |
(7) | Sub-paragraph (6) does not apply for the purposes of— |
| |
(a) | criminal proceedings against the nominated person (or an employee |
| |
| |
(b) | a contract between him and the RPC so far as relating to the function. |
| |
| 30 |
| |
| |
6 (1) | The Secretary of State may make grants to the RPC of such amounts as he |
| |
| |
(2) | The terms of the grants shall be such as the Secretary of State may determine. |
| 35 |
Direction requiring payment to the Secretary of State |
| |
7 (1) | The Secretary of State may give a direction to the RPC requiring it to pay him |
| |
a sum specified in the direction. |
| |
(2) | Before giving a direction under sub-paragraph (1), the Secretary of State |
| |
| 40 |
| |
| |
|
| |
|
| |
|
| |
| |
(a) | keep proper accounts and proper accounting records; and |
| |
(b) | in respect of each financial year, prepare a statement of its accounts. |
| |
(2) | Every statement of accounts prepared under sub-paragraph (1)(b) must— |
| 5 |
(a) | give a true and fair view of the RPC’s income and expenditure for the |
| |
financial year in question and its state of affairs; and |
| |
(b) | comply with every requirement which the Secretary of State has |
| |
| |
(3) | The requirements notified under sub-paragraph (2)(b) may include, in |
| 10 |
particular, requirements relating to— |
| |
(a) | the information to be contained in the statement; |
| |
(b) | the manner in which that information is to be presented; and |
| |
(c) | the methods and principles according to which the statement is to be |
| |
| 15 |
9 (1) | The statement of accounts and other accounts of the RPC relating to each |
| |
financial year must be audited by the Comptroller and Auditor General. |
| |
(2) | The Comptroller and Auditor General must send the RPC a copy of his |
| |
report on the accounts audited under sub-paragraph (1). |
| |
(3) | The RPC must send the Secretary of State— |
| 20 |
(a) | a copy of the accounts audited under sub-paragraph (1); and |
| |
(b) | the report of the Comptroller and Auditor General. |
| |
(4) | The Secretary of State must lay a copy of the documents sent to him under |
| |
sub-paragraph (3) before Parliament. |
| |
| 25 |
Financial framework and information |
| |
| |
10 (1) | The Secretary of State— |
| |
| |
(b) | may from time to time revise, |
| 30 |
| a document to be known as the RPC’s “financial framework”. |
| |
(2) | The financial framework must specify rules and principles according to |
| |
which the RPC is to exercise and perform its powers and duties in relation |
| |
| |
(a) | financial matters; and |
| 35 |
(b) | matters relating to its employees. |
| |
(3) | The RPC must not carry out any of its functions in a manner which is |
| |
inconsistent with its financial framework. |
| |
(4) | The fact that a transaction entered into by the RPC constitutes, or involves, |
| |
a contravention of sub-paragraph (3) does not invalidate the transaction. |
| 40 |
|
| |
|
| |
|
(5) | Sub-paragraph (4) applies whether or not a person who entered into the |
| |
transaction with the RPC inquired whether the transaction constituted or |
| |
involved a contravention of sub-paragraph (3). |
| |
| |
11 (1) | As soon as practicable after the end of each financial year, the RPC must |
| 5 |
make a report on its activities during that year. |
| |
(2) | In preparing its annual report the RPC must have regard to the desirability |
| |
of excluding from the report, so far as practicable— |
| |
(a) | matters relating to the affairs of an individual which, in the opinion |
| |
of the RPC, are matters the publication of which would or might |
| 10 |
seriously and prejudicially affect the interests of that individual; and |
| |
(b) | matters relating specifically to the affairs of a particular body of |
| |
persons (whether corporate or unincorporate) which, in the opinion |
| |
of the RPC, are matters the publication of which would or might |
| |
seriously and prejudicially affect the interests of that body. |
| 15 |
(3) | The RPC must send a copy of every annual report under this paragraph to |
| |
| |
(a) | the Secretary of State; |
| |
(b) | the Scottish Ministers; and |
| |
(c) | the National Assembly for Wales. |
| 20 |
(4) | The RPC may also arrange for a copy of its annual report for a financial year |
| |
to be published in such manner as it considers appropriate. |
| |
(5) | The Secretary of State must lay before Parliament a copy of every annual |
| |
report a copy of which has been sent to him under this paragraph. |
| |
(6) | The Scottish Ministers must lay before the Scottish Parliament a copy of |
| 25 |
every annual report a copy of which has been sent to them under this |
| |
| |
| |
12 | The RPC must give the Secretary of State information, advice and assistance |
| |
about any matter in respect of which it has any functions if— |
| 30 |
(a) | the RPC considers it appropriate to do so; or |
| |
(b) | the Secretary of State asks the RPC to do so in connection with the |
| |
carrying out of any function of his. |
| |
| |
Status and supplementary powers |
| 35 |
| |
13 (1) | The RPC is not to be treated— |
| |
(a) | as the servant or agent of the Crown; or |
| |
(b) | as enjoying any status, immunity or privilege of the Crown. |
| |
(2) | The property of the RPC is not to be regarded as property of the Crown or |
| 40 |
as held on behalf of the Crown. |
| |
|
| |
|