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(a) to a function or activity performed or carried out in any of the Channel | |
Islands or a British overseas territory; | |
(b) to a function performed or activity carried out on an aircraft which is | |
registered, in accordance with an enactment about aircraft, in any of the | |
Channel Islands or a British overseas territory. | 5 |
(4) Section 97 shall not extend to Scotland. | |
(5) Subsection (4) does not affect any rule of law or enactment concerning the right | |
of a constable in Scotland to board an aircraft or enter any place for any | |
purpose. | |
Part 6 | 10 |
Miscellaneous | |
102 Convention on International Carriage by Rail | |
(1) The Secretary of State may make regulations for the purpose of giving effect to | |
the Convention concerning International Carriage by Rail signed at Berne on | |
9th May 1980 as set out in the Annex to the modifying Protocol signed at | 15 |
Vilnius on 3rd June 1999. | |
(2) Schedule 6 shall have effect (provision which may be made by regulations in | |
connection with that Convention made under subsection (1) above or under | |
section 2 of the European Communities Act 1972 (c. 68) (implementation of | |
Community obligations)). | 20 |
(3) Regulations made under or by virtue of this section shall bind the Crown | |
except in so far as they provide to the contrary. | |
(4) Regulations made under this section shall be made by statutory instrument. | |
(5) Regulations made under or by virtue of this section may not be made unless a | |
draft has been laid before and approved by resolution of each House of | 25 |
Parliament. | |
(6) This section extends to the whole of the United Kingdom. | |
103 Office of Rail Regulation: general duties | |
In section 4(5)(c) of the Railways Act 1993 (c. 43) (duty of the Office of Rail | |
Regulation (formerly the Regulator): duty to have regard to position of | 30 |
Strategic Rail Authority) the words “under this Part” shall cease to have effect. | |
104 Railways safety levy | |
(1) The following shall be inserted after section 43 of the Health and Safety at | |
Work etc. Act 1974 (c. 37) (financial provision)— | |
“43A Railway safety levy | 35 |
(1) The Secretary of State may make regulations requiring persons who | |
provide railway services to pay railway safety levy. | |
(2) Railway safety levy shall be applied only for the purpose of meeting | |
expenses incurred— | |
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| |
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| |
(a) in respect of activity undertaken by the Executive in reliance on | |
section 117 of the Railways Act 1993 (safety of railways, &c.), or | |
(b) in respect of activity undertaken by the Executive, under or by | |
virtue of any other enactment, in relation to a transport system | |
to which that section applies. | 5 |
(3) The railway safety levy shall not be used to meet— | |
(a) an expense in respect of which a fee is payable under | |
regulations made under section 43, or | |
(b) an expense in respect of a matter specified by the regulations for | |
the purpose of this paragraph. | 10 |
(4) Where an expense is incurred partly in respect of activity within | |
subsection (2)(a) or (b) and partly in respect of other activity, the | |
railway safety levy may be used to meet a part of that expense which is | |
reasonably referable to activity within subsection (2)(a) or (b). | |
(5) Regulations under subsection (1) may, in particular, determine or | 15 |
enable the Commission or the Executive to determine— | |
(a) the total amount of the railway safety levy to be imposed in | |
respect of a specified period; | |
(b) the persons by whom the levy is to be paid; | |
(c) the criteria for assessing the proportion of the levy to be paid by | 20 |
a particular person (which may, in particular, refer to the size of | |
a person’s income or provide for an amount to be reduced or | |
waived in specified circumstances); | |
(d) the periods in respect of which the levy is to be paid; | |
(e) the manner in which the levy is to be paid; | 25 |
(f) the person to whom the levy is to be paid; | |
(g) when the levy is to be paid. | |
(6) Regulations under subsection (1) may, in particular, enable the | |
Commission or the Executive— | |
(a) to require a person who provides railway services to supply | 30 |
information for the purposes of the consideration of a matter | |
specified in subsection (5); | |
(b) where information requested is not supplied, to make | |
assumptions; | |
(c) to revise a determination of a matter specified in subsection (5) | 35 |
(whether before, during or after the period to which it relates); | |
(d) to make refunds. | |
(7) Regulations by virtue of subsection (6)(a) may, in particular, make | |
provision— | |
(a) about the manner and timing of the supply of information; | 40 |
(b) about certification of the accuracy of information supplied; | |
(c) creating a criminal offence in connection with the supply of | |
inaccurate or misleading information (but not an offence | |
punishable with imprisonment). | |
(8) Regulations under subsection (1) may enable payment to be enforced | 45 |
by civil proceeding. | |
(9) For the purposes of this section a person provides railway services if he | |
manages or controls, or participates in managing or controlling, a | |
| |
| |
|
| |
| |
transport system to which section 117 of the Railways Act 1993 | |
applies.” | |
(2) In section 28(1)(a) of that Act (restriction on disclosure of information) after | |
“27A above” insert “, by virtue of section 43A(6) below”. | |
105 Railway security services | 5 |
The following shall be inserted after section 121 of the Railways Act 1993 (c. 43) | |
(security: inspection)— | |
“121A Railway security services: approved providers | |
(1) In this section “railway security service” means a process or activity | |
carried out for the purpose of— | 10 |
(a) complying with a requirement of an instruction under section | |
119, or | |
(b) facilitating a person’s compliance with a requirement of an | |
instruction under section 119. | |
(2) Regulations may provide for the Secretary of State to maintain a list of | 15 |
persons who are approved by him for the provision of a particular | |
railway security service. | |
(3) The regulations may— | |
(a) prohibit the provision of a railway security service by a person | |
who is not listed in respect of that service; | 20 |
(b) prohibit the use or engagement for the provision of a railway | |
security service of a person who is not listed in respect of that | |
service; | |
(c) create a criminal offence; | |
(d) make provision about application for inclusion in the list | 25 |
(including provision about fees); | |
(e) make provision about the duration and renewal of entries on | |
the list (including provision about fees); | |
(f) make provision about training or qualifications which persons | |
who apply to be listed or who are listed are required to undergo | 30 |
or possess; | |
(g) make provision about removal from the list which shall include | |
provision for appeal; | |
(h) make provision about the inspection of activities carried out by | |
listed persons; | 35 |
(i) confer functions on the Secretary of State or on a specified | |
person; | |
(j) confer jurisdiction on a court. | |
(4) Regulations under subsection (3)(c)— | |
(a) may not provide for a penalty on summary conviction greater | 40 |
than a fine not exceeding the statutory maximum, | |
(b) may not provide for a penalty of imprisonment on conviction | |
on indictment greater than imprisonment for a term not | |
exceeding two years (whether or not accompanied by a fine), | |
and | 45 |
| |
| |
|
| |
| |
(c) may create a criminal offence of purporting, with intent to | |
deceive, to do something as a listed person or of doing | |
something, with intent to deceive, which purports to be done by | |
a listed person. | |
(5) An instruction under section 119 may— | 5 |
(a) include a requirement to use a listed person for the provision of | |
a railway security service; | |
(b) provide for all or part of the instruction not to apply or to apply | |
with modified effect where a listed person provides a railway | |
security service. | 10 |
(6) Regulations under this section— | |
(a) may make different provision for different cases, | |
(b) may include incidental, supplemental or transitional provision, | |
(c) shall be made by the Secretary of State by statutory instrument, | |
(d) shall not be made unless the Secretary of State has consulted | 15 |
organisations appearing to him to represent persons affected by | |
the regulations, and | |
(e) shall be subject to annulment in pursuance of resolution of | |
either House of Parliament.” | |
106 Road traffic: fixed penalty | 20 |
(1) In section 76(2)(a) of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty) | |
the words “of police” shall cease to have effect. | |
(2) This section shall extend only to England and Wales. | |
107 Seat belts: delivery drivers | |
The following shall be substituted for section 14(2)(b)(i) of the Road Traffic Act | 25 |
1988 (c. 52) (seat belts: exceptions: delivery drivers)— | |
“(i) the driver of or a passenger in a motor vehicle | |
constructed or adapted for carrying goods, while on a | |
journey which does not exceed the prescribed | |
distance and which is undertaken for the purpose of | 30 |
delivering or collecting any thing,”. | |
108 Highways: snow and ice | |
After section 41(1) of the Highways Act 1980 (c. 66) (duty of highway authority | |
to maintain highway) insert— | |
“(1A) In particular, a highway authority are under a duty to ensure, so far as | 35 |
is reasonably practicable, that safe passage along a highway is not | |
endangered by snow or ice.” | |
109 Shipping legislation: application to structures, craft, &c. | |
(1) The Secretary of State may by order— | |
(a) provide for a shipping provision to apply (with or without | 40 |
modification) in relation to specified things which are used, navigated | |
or situated wholly or partly in or on water; | |
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(b) provide for a shipping provision not to apply in relation to specified | |
things which are used, navigated or situated wholly or partly in or on | |
water; | |
(c) modify a shipping provision in its application in relation to specified | |
things which are used, navigated or situated wholly or partly in or on | 5 |
water. | |
(2) In this section “shipping provision” means a provision which— | |
(a) is made by or by virtue of an Act (including this Act), and | |
(b) is expressed to apply in relation to ships, vessels or boats (or a specified | |
class or description of ship, vessel or boat). | 10 |
(3) An order under subsection (1) may, in particular, be made in respect of a | |
provision which— | |
(a) confers power to legislate, or | |
(b) creates an offence. | |
(4) An order under subsection (1) shall have effect despite (and may amend) any | 15 |
provision which— | |
(a) forms part of or relates to the shipping provision concerned, and | |
(b) defines “ship”, “vessel” or “boat” or in any other way limits or | |
determines the application of the shipping provision concerned. | |
(5) An order under subsection (1) may— | 20 |
(a) make different provision for different purposes; | |
(b) make provision for an individual case; | |
(c) make provision which applies only in specified circumstances; | |
(d) make transitional provision. | |
(6) An order under subsection (1)(a) or (c) may provide for the shipping provision | 25 |
not to apply, or to apply with specified modifications, where it would conflict | |
with a specified provision or class of provision made by or by virtue of an | |
enactment. | |
(7) An order under subsection (1)— | |
(a) shall be made by statutory instrument, | 30 |
(b) shall be subject to annulment in pursuance of a resolution of either | |
House of Parliament, and | |
(c) shall not be made unless the Secretary of State has consulted with | |
organisations in the United Kingdom which appear to him to be | |
representative of persons who will be affected by the order. | 35 |
(8) Section 311 of the Merchant Shipping Act 1995 (c. 21) (application of Act to | |
structures, &c.) shall cease to have effect. | |
(9) This section extends to the whole of the United Kingdom. | |
110 Maritime security services | |
The following shall be inserted after section 36 of the Aviation and Maritime | 40 |
Security Act 1990 (c. 31) (security directions: inspection)— | |
“36A Maritime security services: approved providers | |
(1) In this section “maritime security service” means a process or activity | |
carried out for the purpose of— | |
| |
| |
|
| |
| |
(a) complying with a requirement of a direction under any of | |
sections 21 to 24, or | |
(b) facilitating a person’s compliance with a requirement of a | |
direction under any of those sections. | |
(2) Regulations may provide for the Secretary of State to maintain a list of | 5 |
persons who are approved by him for the provision of a particular | |
maritime security service. | |
(3) The regulations may— | |
(a) prohibit the provision of a maritime security service by a person | |
who is not listed in respect of that service; | 10 |
(b) prohibit the use or engagement for the provision of a maritime | |
security service of a person who is not listed in respect of that | |
service; | |
(c) create a criminal offence; | |
(d) make provision about application for inclusion in the list | 15 |
(including provision about fees); | |
(e) make provision about the duration and renewal of entries on | |
the list (including provision about fees); | |
(f) make provision about training or qualifications which persons | |
who apply to be listed or who are listed are required to undergo | 20 |
or possess; | |
(g) make provision about removal from the list which shall include | |
provision for appeal; | |
(h) make provision about the inspection of activities carried out by | |
listed persons; | 25 |
(i) confer functions on the Secretary of State or on a specified | |
person; | |
(j) confer jurisdiction on a court. | |
(4) Regulations under subsection (3)(c)— | |
(a) may not provide for a penalty on summary conviction greater | 30 |
than a fine not exceeding the statutory maximum, | |
(b) may not provide for a penalty of imprisonment on conviction | |
on indictment greater than imprisonment for a term not | |
exceeding two years (whether or not accompanied by a fine), | |
and | 35 |
(c) may create a criminal offence of purporting, with intent to | |
deceive, to do something as a listed person or of doing | |
something, with intent to deceive, which purports to be done by | |
a listed person. | |
(5) A direction under any of sections 21 to 24 may— | 40 |
(a) include a requirement to use a listed person for the provision of | |
a maritime security service; | |
(b) provide for all or part of the direction not to apply or to apply | |
with modified effect where a listed person provides a maritime | |
security service. | 45 |
(6) Regulations under this section— | |
(a) may make different provision for different cases, | |
(b) may include incidental, supplemental or transitional provision, | |
(c) shall be made by the Secretary of State by statutory instrument, | |
| |
| |
|
| |
| |
(d) shall not be made unless the Secretary of State has consulted | |
organisations appearing to him to represent persons affected by | |
the regulations, and | |
(e) shall be subject to annulment in pursuance of resolution of | |
either House of Parliament.” | 5 |
111 Railways in London: transfers | |
(1) A scheme under section 409(1) or (2) of the Greater London Authority Act 1999 | |
(c. 29) (transfer schemes) which transfers property, rights or liabilities— | |
(a) from London Regional Transport or a subsidiary of London Regional | |
Transport, and | 10 |
(b) to Transport for London or a subsidiary of Transport for London, | |
may provide that section 412(3) of that Act (transfer not to trigger or breach | |
contractual provision) shall not apply in relation to the transfer. | |
(2) A transfer scheme within the meaning of paragraph 1 of Schedule 12 to that Act | |
(schemes made by Transport for London) which transfers property, rights or | 15 |
liabilities may provide that paragraph 2(3) of that Schedule (transfer not to | |
trigger or breach contractual provision) shall not apply in relation to the | |
transfer. | |
(3) Provision included in a scheme by virtue of subsection (1) or (2) may disapply | |
section 412(3) of, or paragraph 2(3) of Schedule 12 to, that Act— | 20 |
(a) generally, | |
(b) only in relation to a specified contract or instrument, or class of contract | |
or instrument, | |
(c) only in relation to a specified right, class of right, provision or class of | |
provision, | 25 |
(d) only in relation to a specified transfer, or | |
(e) by reference to a combination of matters mentioned in paragraphs (b) | |
to (d). | |
(4) Paragraph 2(3) of Schedule 12 to that Act shall not apply in respect of the | |
transfer of property, rights or liabilities which— | 30 |
(a) have been transferred under a scheme which provided for section | |
412(3) not to apply in relation to the transfer in reliance on subsection | |
(1) above, or | |
(b) arise out of property, rights or liabilities transferred as described in | |
paragraph (a). | 35 |
(5) Before the date on which London Underground Limited becomes a subsidiary | |
of Transport for London— | |
(a) section 217 of that Act (transfer of key system assets) shall have effect | |
as if— | |
(i) the reference to Transport for London in subsection (1) included | 40 |
a reference to London Regional Transport, and | |
(ii) the list of bodies in subsection (2) included London | |
Underground Limited and any subsidiary, | |
(b) section 221 of that Act (Public-Private Partnership administration | |
order) shall have effect as if a reference to the Mayor were a reference | 45 |
to London Regional Transport, | |
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