Transport Bill - continued        House of Lords
PART IV, RAILWAYS - continued
Enforcement regime - continued

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Orders for securing compliance.     214. - (1) In section 55 of the Railways Act 1993 (orders for securing compliance)-
 
 
    (a) in subsection (5) (cases where order shall not be made or confirmed) omit paragraphs (b) and (c),
 
    (b) after subsection (5A) insert-
 
    "(5B) If the appropriate authority is satisfied-
 
 
    (a) that the relevant operator has agreed to take, and is taking, all such steps as it appears to the appropriate authority for the time being to be appropriate for the relevant operator to take for the purpose of securing or facilitating compliance with the condition or requirement in question, or
 
    (b) that the contravention or apprehended contravention will not adversely affect the interests of users of railway services or lead to any increase in public expenditure,
       it shall only make a final order, or make or confirm a provisional order, if it considers it appropriate to do so.", and
 
 
    (c) in subsection (6) (requirement to serve and publish notice that subsection (5) or (5A) applies), for the words from "is satisfied" to "so satisfied" substitute "does not make a final order, or make or confirm a provisional order, because of subsection (5), (5A) or (5B)(a) or (b) above, it shall-
 
    (a) serve notice of that fact".
      (2) In section 56 of that Act (procedural requirements about orders)-
 
 
    (a) in subsection (1)(c) (requirement of at least 28 days' notice for making representations or objections to proposed final order or proposed confirmation of provisional order), for "28" substitute "21",
 
    (b) in subsection (4)(b) (requirement of at least 28 days' notice for making representations or objections to proposed modifications), for "in that notice specify the period (not being less than 28" substitute "unless the proposed modifications are trivial, in that notice specify a period (not being less than seven", and
 
    (c) in subsection (6)(b) (requirement of at least 28 days' notice for making representations or objections to proposal to revoke order), for "28" substitute "21".
 
Consultative committees
Renaming of committees.     215. - (1) The Central Rail Users' Consultative Committee is renamed the Rail Passengers' Council and the Rail Users' Consultative Committees are renamed Rail Passengers' Committees.
 
      (2) Schedule 22 makes amendments in consequence of subsection (1).
 
      (3) References in private Acts, instruments made under Acts, other documents and legal proceedings to the Central Rail Users' Consultative Committee shall have effect as references to the Rail Passengers' Council; and such references to a Rail Users' Consultative Committee shall have effect as references to a Rail Passengers' Committee.
 
Extension of functions.     216. - (1) Sections 76 and 77 of the Railways Act 1993 (duties of Central Committee and consultative committees) are amended as follows.
 
      (2) In subsection (1) of each of those sections, for paragraph (a) (duty to investigate any matter which relates to the provision of railway passenger services by the Board or a subsidiary, under a franchise agreement or on behalf of the Franchising Director) substitute-
 
 
    "(a) to the provision of railway passenger services, or".
      (3) In-
 
 
    (a) subsection (5)(b) of section 76, and
 
    (b) subsection (4)(b) of section 77,
       (matters to be referred), after "that" insert "a franchisee is contravening, or is likely to contravene, any term of the franchise agreement or that".
 
      (4) After subsection (7) of section 76 insert-
 
 
    "(7A) It shall also be the duty of the Rail Passengers' Council, so far as it appears expedient from time to time to do so-
 
 
    (a) to keep under review matters affecting the interests of the public in relation to railway passenger services and station services;
 
    (b) to make representations to, and consult, such persons as they think appropriate about those matters; and
 
    (c) to co-operate with other bodies representing the interests of users of public passenger transport services.
      (7B) The Secretary of State may, after consultation with the Rail Passengers' Council, make an order excluding services from the duties imposed by this section; and an order under this subsection-
 
 
    (a) may exclude services of a particular class or description, particular services or services provided by a particular person;
 
    (b) may provide that services are excluded subject to compliance with specified conditions; and
 
    (c) may not revoke an exclusion except for breach of condition or in accordance with the order which made it.
      (7C) The Secretary of State may, after consultation with the Rail Passengers' Council, make an order providing that the duties imposed by this section apply to services of a particular class or description, particular services or services provided by a particular person-
 
 
    (a) only to such extent as is specified by the order; or
 
    (b) with such modifications as are so specified."
      (5) After subsection (9) of section 77 insert-
 
 
    "(9A) It shall also be the duty of each Rail Passengers' Committee, so far as it appears expedient from time to time to do so-
 
 
    (a) to keep under review matters affecting the interests of the public in relation to railway passenger services and station services; and
 
    (b) to make representations to, and consult, such persons as they think appropriate about those matters; and
 
    (c) to co-operate with other bodies representing the interests of users of public passenger transport services.
      (9B) The Secretary of State may, after consultation with the Rail Passengers' Council, make an order excluding services from the duties imposed by this section; and an order under this subsection-
 
 
    (a) may exclude services of a particular class or description, particular services or services provided by a particular person;
 
    (b) may provide that services are excluded subject to compliance with specified conditions; and
 
    (c) may not revoke an exclusion except for breach of condition or in accordance with the order which made it.
      (9C) The Secretary of State may, after consultation with the Rail Passengers' Council, make an order providing that the duties imposed by this section apply to services of a particular class or description, particular services or services provided by a particular person-
 
 
    (a) only to such extent as is specified by the order; or
 
    (b) with such modifications as are so specified."
Financial and procedural changes.     217. Schedule 23 makes amendments of the provisions about the finances and procedures of consultative committees.
 
 
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