Transport Bill - continued        House of Lords

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The Authority
The Authority.     189. - (1) There shall be a body corporate known as the Strategic Rail Authority (but in this Part referred to as "the Authority").
      (2) The Authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and its property shall not be regarded as property of, or held on behalf of, the Crown.
Membership and chairing.     190. - (1) The Authority shall consist of-
    (a) a member who is to chair it, and
    (b) not fewer than seven, nor more than fourteen, other members.
      (2) But the Secretary of State may by order alter either or both of the numbers for the time being specified in subsection (1); and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
      (3) Both the member who is to chair the Authority and the other members shall be appointed by the Secretary of State; but the other members shall include-
    (a) one person appointed by him after consultation with the Scottish Ministers, and
    (b) one person appointed by him after consultation with the National Assembly for Wales.
      (4) In making any appointment to membership of the Authority the Secretary of State shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the Authority.
      (5) In making an appointment to membership after consultation with the Scottish Ministers or the National Assembly for Wales the Secretary of State shall also have regard to the desirability of appointing a person who is familiar with the special requirements and circumstances of Scotland, or of Wales.
      (6) The Secretary of State shall consult the member appointed to chair the Authority before appointing any other person to membership of the Authority.
Other senior appointments.     191. - (1) The Secretary of State may, after consulting the member appointed to chair the Authority, appoint another of its members to act as deputy to that member.
      (2) The Authority shall, with the approval of the Secretary of State, appoint a chief executive of the Authority.
      (3) A person appointed as chief executive of the Authority shall (if not already a member of the Authority) be appointed as a member.
Further provisions.     192. Schedule 14 contains further provisions about the Authority.
Purposes, strategies and exercise of functions
Purposes.     193. The purposes of the Authority are-
    (a) to promote the use of the railway network for the carriage of passengers and goods,
    (b) to secure the development of the railway network, and
    (c) to contribute to the development of an integrated system of transport of passengers and goods.
Strategies.     194. - (1) The Authority shall formulate, and keep under review, strategies with respect to its purposes.
      (2) The Authority shall consult-
    (a) the Scottish Ministers,
    (b) the National Assembly for Wales,
    (c) the Regulator, and
    (d) such other persons as the Authority thinks fit,
       before formulating a strategy and from time to time as part of keeping its strategies under review.
      (3) The Secretary of State may give the Authority directions and guidance in relation to its strategies, in particular in relation to-
    (a) the matters to be covered by them,
    (b) the issues to be taken into account in formulating them,
    (c) the strategy to be adopted in relation to any matter, and
    (d) the updating of them.
      (4) The strategies formulated by the Authority shall include one relating to services in various parts of Great Britain for facilitating the carriage of passengers or goods by rail by way of the Channel Tunnel.
      (5) The Authority shall publish its strategies in such manner as it considers appropriate.
Manner of exercise of functions.     195. - (1) The Authority shall exercise its functions with a view to furthering its purposes and shall do so in accordance with any such strategies as it has formulated with respect to them (except when exercising the function of reviewing those strategies).
      (2) In exercising its functions in accordance with subsection (1) the Authority shall act in the way best calculated-
    (a) to protect the interests of users of railway services,
    (b) to contribute to the achievement of sustainable development,
    (c) to promote efficiency and economy on the part of persons providing railway services,
    (d) to promote measures designed to facilitate the making by passengers of journeys which involve the use of the services of more than one passenger service operator (including, in particular, arrangements for the issue and use of through tickets),
    (e) to impose on the operators of railway services the minimum restrictions which are consistent with the performance of the Authority's functions, and
    (f) to enable persons providing railway services to plan the future of their businesses with a reasonable degree of assurance.
      (3) In exercising its functions in accordance with subsections (1) and (2) the Authority shall have regard to-
    (a) the need to protect all persons from dangers arising from the operation of railways (including, in particular, by taking into account any advice given by the Health and Safety Executive),
    (b) the interests of persons who are disabled, and
    (c) the effect on the environment of activities connected with the provision of railway services.
      (4) The Authority shall secure that any grants or other payments or loans made by it, any guarantees given by it and any investment in bodies corporate by it are such as it reasonably considers will further its purposes (in accordance with any strategies which it has formulated) efficiently and economically.
      (5) Subject to subsection (4), the Secretary of State may give the Authority-
    (a) directions and guidance as to the manner in which it is to exercise any of its functions in order to comply with subsections (1) to (3), and
    (b) directions not to exercise any of its functions in a particular manner (or not to do so without consulting, or obtaining the consent of, the Secretary of State).
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