Railways Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Railways Bill

Railways Bill
Schedule 4 — Reviews by ORR of access charges and licence conditions
95

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
(6) insert—
10
   “(6A)
A reference to the Competition Commission under this paragraph
must be accompanied by—
(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
paragraph 1E; and
(d)
any revision of anything falling within paragraph (a) to (c)
20
which has been notified to that Office under paragraph
1F.”
      (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-
paragraphs (6A) and”.
      (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which are duly made and not withdrawn) the Office of Rail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
which—
(a)
sets out everything that would have to be included in a
notice under sub-paragraph (5) with respect to the
proposed changes;
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.

Railways Bill
Schedule 4 — Reviews by ORR of access charges and licence conditions
96

     (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
paragraph 1D.”
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
those relevant changes—
(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.”

Railways Bill
Schedule 5 — Rail Passengers’ Council established by s. 19(1)
Part 1 — Introductory
97

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
1D; and
10
(b)
all information”.
Commencement of Schedule
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.
      (2)
Where—
(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.
Schedule 5
Section 19

Rail Passengers’ Council established by s. 19(1)
30
Part 1
Introductory
1
In this Schedule—
“accounting records” includes all books, papers and other records of
the RPC relating to—
35
(a)
the accounts which it is required to keep; or
(b)
matters dealt with in those accounts;
“financial year” means—
(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;

Railways Bill
Schedule 5 — Rail Passengers’ Council established by s. 19(1)
Part 2 — Members and staff
98

“the RPC” means the Rail Passengers’ Council established by section
19(1).
Part 2
Members and staff
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.
      (5)
If—
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
compensation,

the RPC must make a payment to that person of such amount as the
25
Secretary of State determines.
Staff
3
The RPC may employ such persons, on such terms and conditions
(including terms and conditions as to remuneration), as it may determine.
4     (1)
The RPC may—
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
persons; or
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.

Railways Bill
Schedule 5 — Rail Passengers’ Council established by s. 19(1)
Part 3 — Finance
99

      (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
employee of the RPC.
      (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
to employees of the RPC.
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
of his); or
(b)
a contract between him and the RPC so far as relating to the function.
Part 3
30
Finance
Government grants
6     (1)
The Secretary of State may make grants to the RPC of such amounts as he
may determine.
      (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
must consult—
40
(a)
the Treasury; and
(b)
the RPC.

Railways Bill
Schedule 5 — Rail Passengers’ Council established by s. 19(1)
Part 4 — Financial framework and information
100

Accounts and audit
8     (1)
The RPC must—
(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
notified to the RPC.
      (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
prepared.
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.
Part 4
25
Financial framework and information
Financial framework
10    (1)
The Secretary of State—
(a)
must prepare, and
(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
to—
(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

Railways Bill
Schedule 5 — Rail Passengers’ Council established by s. 19(1)
Part 5 — Status and supplementary powers
101

      (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).
Annual reports
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
each of the following—
(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
paragraph.
Information
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.
Part 5
Status and supplementary powers
35
Status
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.