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Channel
Tunnel Rail Link (Supplementary Provisions) Bill |
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Explanatory notes to the Bill,
prepared by the Department for Transport, are |
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published separately as Bill
4—EN. |
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EUROPEAN CONVENTION ON HUMAN
RIGHTS |
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Secretary Ruth Kelly has made
the following statement under section 19(1)(a) of the |
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In my view the provisions of
the Channel Tunnel Rail Link (Supplementary |
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Provisions) Bill are compatible
with the Convention rights. |
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Make
provision amending, and supplementary to, the Channel Tunnel
Rail |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled,
and by the authority of the same, as follows:— |
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1 |
Powers
of Secretary of State |
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(1) |
For the avoidance of doubt,
nothing in sections 31 to 33 of the 1996 Act prevents |
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the powers of the Secretary
of State under section 6 of the Railways
Act 2005 |
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(c. 14) from being
exercised in relation to the rail link or railway services on
it. |
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(2) |
In subsection (1) “rail
link” has the same meaning as in the 1996 Act. |
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In section 17 of the 1996
Act (access agreements), the following are repealed— |
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(a) |
in subsection (2), the words
“Subject to subsection (3) below,”; |
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3 |
Duties
of Office of Rail Regulation |
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In section 21 of the 1996
Act (duties of the Office of Rail Regulation as to the |
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exercise of regulatory
functions), the following are repealed— |
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(a) |
subsections (2) to (5); |
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(b) |
in subsection (6), the
definitions of “existing”, “international
services” |
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15 |
(c) |
in subsection (7), the words
“or (2)”. |
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4 |
Power
of Office of Rail Regulation to charge fees |
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After section 21 of the
1996 Act insert— |
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(1) |
Subject
to this section, the Office of Rail Regulation may by notice
require a |
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rail
link undertaker to pay a fee in respect of the exercise of any
of the Office of |
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Rail
Regulation’s functions in relation to the rail link. |
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(2) |
The amount of a fee under
subsection (1) in any case shall be— |
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(a) |
such amount as the Office
of Rail Regulation considers to |
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represent
the costs reasonably incurred by it in the exercise of |
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the
function in relation to the rail link, or |
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(b) |
in a case where there
is more than one rail link undertaker, such |
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proportion
of the amount referred to in paragraph (a) as the |
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Office
of Rail Regulation considers it reasonable for the rail link
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(3) |
Subsection (1) does not
apply to the functions assigned to the Office of |
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Rail
Regulation by virtue of section 67(2) and (3) of the Railways
Act |
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(4) |
A notice under this section
must specify— |
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(a) |
the amount of the fee to
be paid, and |
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(b) |
the date by which it is
to be paid. |
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(5) |
Any amount payable under
a notice under this section which remains |
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unpaid
after the date specified in the notice may be recovered by the
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Office
of Rail Regulation as a civil debt due to it. |
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(6) |
The Office of Rail Regulation
may revise a notice under this section by |
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(7) |
The Office of Rail Regulation
may refund any amount which, further to |
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any
revised notice under subsection (6), appears to have been overpaid
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5 |
Meaning
of “development agreement” |
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In section 56 of the 1996
Act (interpretation) in the definition of “development
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agreement” in subsection
(1), for “or maintenance” substitute “, maintenance
or |
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6 |
Interpretation,
commencement, short title |
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(1) |
In this Act, “the
1996 Act” means the Channel
Tunnel Rail Link Act 1996 (c. 61). |
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(2) |
This Act comes into force
at the end of the period of two months beginning |
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with the day on which it
is passed. |
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(3) |
This Act may be cited
as the Channel Tunnel Rail Link (Supplementary |
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