Transport Bill - continued        House of Lords

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SCHEDULE 27
 
  MINOR AND CONSEQUENTIAL AMENDMENTS ABOUT RAILWAYS
 
Transport Act 1962 (c.46)
     1. - (1) Section 43 of the Transport Act 1962 (charges and facilities) is amended as follows.
 
      (2) In subsections (1) and (2), for "Boards" substitute "British Waterways Board or the Strategic Rail Authority".
 
      (3) In subsection (3), for "Boards" substitute "British Waterways Board and the Strategic Rail Authority".
 
      (4) In subsection (4), for "The Boards shall not" substitute "Neither the British Waterways Board nor the Strategic Rail Authority shall".
 
      (5) In subsection (5), insert at the end "or the Strategic Rail Authority".
 
      (6) In subsection (6), for "None of the Boards" substitute "Neither the British Waterways Board nor the Strategic Rail Authority".
 
 
Transport Act 1968 (c.73)
     2. The Transport Act 1968 has effect subject to the following amendments.
 
     3. - (1) Section 10(1) (general powers of Passenger Transport Executives) is amended as follows.
 
      (2) In paragraph (vi), for the words from "the Railways Board" to "may be)" substitute "the Strategic Rail Authority or any wholly-owned subsidiary of the Strategic Rail Authority in respect of railway passenger services provided"
 
      (3) After that paragraph insert-
 
 
    "(viza) to enter into agreements with the Strategic Rail Authority under which the Executive make payments to the Strategic Rail Authority in respect of the cost incurred by it in securing the provision of a bus substitution service (within the meaning of the Railways Act 1993) between places in that area or between such places and places outside that area but within the permitted distance for the purposes of paragraph (ii) of this subsection;".
     4. In section 15(1)(d) (approval of agreements) for the words from "the Railways Board" to "the wholly-owned subsidiary" substitute "the Strategic Rail Authority or a wholly-owned subsidiary of the Strategic Rail Authority for the provision".
 
     5. - (1) Section 20 (securing provision of railway services for passenger transport area) is amended as follows.
 
      (2) In subsection (2), for the words from "and subject" to "services as the Authority" substitute ", to enter into such agreements with the Strategic Rail Authority or any wholly-owned subsidiary of the Strategic Rail Authority as the Passenger Transport Authority for that area may approve for securing the provision of such railway passenger services as the Passenger Transport Authority".
 
      (3) In subsection (3), for "the Railways Board" substitute "the Strategic Rail Authority".
 
      (4) In subsection (4), for the words from "the Railways Board" to "the subsidiary" substitute "the Strategic Rail Authority or a wholly-owned subsidiary of the Strategic Rail Authority in respect of the railway passenger services provided".
 
      (5) In subsection (6)-
 
 
    (a) for the words from "the Railways Board" to "that Board" substitute "the Strategic Rail Authority or any wholly-owned subsidiary of the Strategic Rail Authority", and
 
    (b) for "the Board or the subsidiary" substitute "the Strategic Rail Authority or the subsidiary".
 
House of Commons Disqualification Act 1975 (c.24)
     6. In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), insert (at the appropriate place in alphabetical order)-
 
 
 
    " Member of the London Transport Users' Committee in receipt of remuneration."
 
Transport Act 1980 (c.34)
     7. Part III of the Transport Act 1980 (railway pensions) has effect subject to the following amendments.
 
     8. In section 52A(13) (provisions for final discharge of Secretary of State not to affect liability of Board in respect of relevant pension obligations), for "Board" substitute "Authority".
 
     9. In section 52B(10) (provisions for substitution order not to affect liability of Board in respect of relevant pension obligations), for "Board" substitute "Authority".
 
     10. - (1) Section 53 (meaning of "relevant pension obligations") is amended as follows.
 
      (2) In subsection (1)-
 
 
    (a) for "Board which were owed" substitute "Authority which were owed by the Board", and
 
    (b) for "Board arising after the operative date" (in both places) substitute "Authority which arose as an obligation of the Board after the operative date or was never an obligation of the Board".
      (3) In subsection (4), for "Board" (in each place) substitute "Authority".
 
     11. In section 59(2) (supplementary), for "they" substitute "the Authority (in the case of a scheme established by the Board) or the Corporation".
 
     12. In section 60(1) (interpretation), before the definition of "the Board" insert-
 
 
    ""the Authority" means the Strategic Rail Authority;".
 
Transport Act 1985 (c.67)
     13. In section 6(1) of the Transport Act 1985 (registration of local services), for "Railways Board or the Director of Passenger Rail Franchising (under section 4A of the 1962 Act)" substitute "by the Strategic Rail Authority (under section 201 of the Transport Act 2000)".
 
 
Channel Tunnel Act 1987 (c.53)
     14. In paragraph 5 of Schedule 6 to the Channel Tunnel Act 1987 (application of offence provisions), for "the Railways Board" substitute "a successor of the British Railways Board within the meaning of the Railways Act 1993 (Consequential Modifications) (No.2) Order 1999".
 
 
Railways Act 1993 (c.43)
     15. The Railways Act 1993 has effect subject to the following amendments.
 
     16. In section 7 (licence exemptions), omit subsection (10) (limit on grant of licence exemption by Secretary of State).
 
     17. In section 9 (licence conditions), after subsection (3) insert-
 
 
    "(3A) Conditions included in a licence by virtue of subsection (1)(a) above may include provision about any matter which is dealt with (whether in the same or a different manner) by an access agreement."
 
     18. - (1) Section 13 (modification references to Competition Commission) is amended as follows.
 
      (2) In subsection (8)(c)(i), for "Director" substitute "Regulator".
 
      (3) In subsection (8A)(a)-
 
 
    (a) for "and 85" substitute ", 85", and
 
    (b) after "documents)" insert "and 93B (false or misleading information)".
     19. - (1) Section 20 (exemption of railway facilities from sections 17 and 18) is amended as follows.
 
      (2) In subsections (1), (3) and (13), after "above" insert "and section 22A below".
 
      (3) In subsection (2), omit the words following paragraph (b).
 
      (4) In the sidenote, for "and 18" substitute ", 18 and 22A".
 
     20. - (1) Section 27 (transfer of franchise assets and shares) is amended as follows.
 
      (2) In subsection (8), for "transfer scheme" substitute "a scheme under Schedule 21 to the Transport Act 2000".
 
      (3) In subsection (9), for "Part II below" substitute "Schedule 21 to the Transport Act 2000".
 
     21. - (1) Section 34 (Passenger Transport Authorities and Executives: franchising) is amended as follows.
 
      (2) In subsections (1) and (3), for "Board" (in both places) substitute "Authority".
 
      (3) In subsection (22), in the definition of "section 20(2) agreement", for the words from "has" to the end substitute "means an agreement made between the Authority and a Passenger Transport Executive pursuant to section 20(2)(b) of the Transport Act 1968;".
 
     22. - (1) Section 35 (termination and variation of section 20(2) agreements) is amended as follows.
 
      (2) In subsection (1), for "Board" (in both places) substitute "Authority".
 
      (3) In subsection (10), for "section 33" substitute "section 34".
 
     23. In section 45(2)(b) (closure conditions: general), for the words from "a bus substitution service" to the end substitute "an alternative service for the carriage of passengers by road (in this Part referred to as a "bus substitution service")".
 
     24. - (1) Section 46 (variation of closure conditions) is amended as follows.
 
      (2) In subsection (1)-
 
 
    (a) after "may" insert ", subject to subsection (1A),", and
 
    (b) omit the words from "other than" to "1985)".
      (3) After that subsection insert-
 
 
    "(1A) The Secretary of State may not vary or revoke a condition imposed under Schedule 5 to this Act.
 
      (1B) The Secretary of State may only-
 
 
    (a) revoke a condition requiring the Authority to secure the provision of a bus substitution service, or
 
    (b) vary such a condition so as to permit the Authority to withdraw the service from any locality or point,
       in accordance with section 47B below."
 
     25. In section 54(3) (exercise of franchising functions for encouraging investment), in paragraph (b) of the definition of "franchising functions", for the words from "Part II" to "those sections" substitute "Schedule 21 to the Transport Act 2000".
 
     26. - (1) Section 55 (orders for securing compliance) is amended as follows.
 
      (2) In subsection (5)(a), for "section 5 above" substitute "section 195 of the Transport Act 2000".
 
      (3) Omit subsection (12).
 
     27. In the sidenote for section 56 insert at the end "for section 55 orders".
 
     28. - (1) In section 57 (validity and effect of orders) is amended as follows.
 
      (2) Omit subsection (2)(b).
 
      (3) In subsection (9), for "section 58" substitute "sections 57F and 58".
 
      (4) In the sidenote, after "of" insert "section 55".
 
     29. - (1) Section 58 (power to require information) is amended as follows.
 
      (2) In subsection (1)-
 
 
    (a) for the words from "may be" to "requirement, the" substitute"may have contravened or be contravening-
 
    (a) a relevant condition or requirement, or
 
    (b) a final or provisional order made by the appropriate authority,
       the", and
 
 
    (b) after "55" insert "or 57A".
      (3) In the sidenote insert at the end "for purposes of sections 55 and 57A".
 
     30. In section 60(5)(c) (effect of petition for railway administration order), after "55" insert "or 57A".
 
     31. In section 67(6)(b) (references made to the Competition Commission), for "Board", in both places, substitute "Authority".
 
     32. - (1) Section 72(2) (matters to be entered in register maintained by Regulator) is amended as follows.
 
      (2) In paragraph (a) (provisions about licences), after sub-paragraph (viii) (inserted by Schedule 17) insert-
 
 
      "(ix) every penalty imposed by the Regulator under section 57A above;
 
      (x) every statement of policy published by the Regulator under that section;".
      (3) In paragraph (b) (provisions about access agreements), after sub-paragraph (v) insert-
 
 
      "(va) every direction under section 22A above;
 
      (vb) every notice given by or to the Regulator or the Competition Commission under Schedule 4A to this Act;".
     33. - (1) Section 73(2) (matters to be entered in register by Authority) is amended as follows.
 
      (2) In paragraph (d) (amendments of franchise agreements), insert at the end "other than any which are not likely to have a material effect on the provision of services under the agreement or on any sums payable under the agreement."
 
      (3) After paragraph (e) insert-
 
 
    "(f) every penalty imposed by the Authority under section 57A above;
 
    (g) every statement of policy published by the Authority under that section;".
     34. In section 80 (furnishing of information to Authority)-
 
 
    (a) in subsection (1), for the words from the beginning to the end of paragraph (c) substitute "Licence holders" and insert at the end "or the Transport Act 2000", and
 
    (b) omit subsection (6).
     35. - (1) Section 83 (interpretation) is amended as follows.
 
      (2) For the definition of "appropriate officer" in subsection (1) substitute-
 
 
    ""appropriate authority" has the meaning given by section 55(10) above;".
      (3) After that definition insert-
 
 
 
    " "bus substitution service" has the meaning given by section 45(2)(b) above;".
      (4) After the definition of "station services" in that subsection insert-
 
 
    ""through ticket" means-
 
      (a) a ticket which is valid for a journey which involves use of the services of more than one passenger service operator; or
 
      (b) a combination of two or more tickets issued at the same time which are between them valid for such a journey;
 
    and "through ticketing" shall be construed accordingly;".
      (5) After subsection (2) insert-
 
 
    "(3) For the purposes of this Part, references to a condition of a licence or licence exemption which relates, or does not relate, to consumer protection shall be construed in accordance with section 7A above."
 
     36. - (1) Section 135 (concessionary travel) is amended as follows.
 
      (2) In subsection (6)(a), for "(5)" substitute "(4)".
 
      (3) In subsection (9), for "subsections (4) and (5) above are" substitute "subsection (4) is".
 
     37. - (1) Section 145 (restrictions on disclosure of information) is amended as follows.
 
      (2) In subsection (2)(a), insert at the end "or the Transport Act 2000".
 
      (3) After subsection (5) insert-
 
 
    "(5A) Subsection (1) above does not prevent the transfer of records in accordance with section 3(4) of the Public Records Act 1958."
 
     38. - (1) Section 150(1) (Crown application) is amended as follows.
 
      (2) In paragraph (a), for "22" substitute "22C".
 
      (3) In paragraph (b), for "55 to 58, except sections 55(8) and 58(4) and (5);" substitute "55(1) to (7) and (9) to (11), sections 56 and 57 and section 58(1) to (3), (6) and (7);".
 
     39. In section 151(1) (interpretation) insert at the appropriate place-
 
 
    ""the Authority" means the Strategic Rail Authority;".
     40. - (1) Section 154(3) (extent) is amended as follows.
 
      (2) For paragraph (a) substitute-
 
 
    "(a) section 36(1), (4) and (5);".
      (3) For paragraph (c) substitute-
 
 
    "(c) sections 124 and 129(3);".
     41. In paragraph 4 of Schedule 1 (official seal), for "their respective" substitute "his".
 
     42. In paragraph 6(2)(a) of Schedule 2 (information disclosed in confidence by Franchising Director to rail users' consultative committee), for "Franchising Director" substitute "Authority".
 
     43. In paragraph 6(2)(a) of Schedule 3 (information disclosed in confidence by Franchising Director to Central Rail Users' Consultative Committee), for "Franchising Director" substitute "Authority".
 
     44. In paragraph 2 of Schedule 6 (effect of administration order), after "55" insert "or 57A".
 
     45. - (1) Schedule 11 (pensions) is amended as follows.
 
      (2) In paragraph 1(1) (interpretation), in paragraph (a) of the definition of "eligible person"-
 
 
    (a) after "of the Board," insert-
 
      "(ia) the Authority or any subsidiary of the Authority,", and
 
    (b) for "franchise company" substitute "body corporate which is, or is to be, the franchisee or the franchise operator under a franchise agreement".
      (3) In paragraphs 3(4) and 4(5), for "after consultation with" substitute "with the consent of".
 
      (4) In paragraph 10(15)(b), for "Board" (in both places) substitute "Authority".
 
      (5) In paragraph 11(10), in the definition of "relevant employer" insert at the end-
 
 
    "(d) the Authority; or
 
    (e) a wholly owned subsidiary of the Authority."
 
Railway Heritage Act 1996 (c.42)
     46. The Railway Heritage Act 1996 has effect subject to the following amendments.
 
     47. In section 2 (establishment of committee), for "Board" (in each place) substitute "Authority".
 
     48. In section 4(6)(b) (notice of proposed disposal), for "Part II of the Railways Act 1993" substitute "the Transport Act 2000".
 
 
Channel Tunnel Rail Link Act 1996 (c.61)
     49. The Channel Tunnel Rail Link Act 1996 has effect subject to the following amendments.
 
     50. After section 42 insert-
 
 
"Strategic Rail Authority as agent of Secretary of State.     42A. - (1) The Strategic Rail Authority may do anything which it arranges with the Secretary of State to do on his behalf in connection with any agreement or other arrangement made by him for the purpose of securing the design, construction, financing, maintenance or operation of the rail link or any of the other works authorised by this Part of this Act.
 
    (2) Subsection (1) above-
 
 
    (a) does not authorise the Strategic Rail Authority to exercise any function conferred or imposed by or by virtue of any enactment, and
 
    (b) is subject to the terms of the agreement or other arrangement.
      (3) Sections 195 and 196 of the Transport Act 2000 do not apply to the power conferred by this section."
 
     51. - (1) Paragraph 7 of Schedule 9 (application of offence provisions) is amended as follows.
 
      (2) In sub-paragraphs (2) and (3), for "the British Railways Board" substitute "a successor of the British Railways Board".
 
      (3) At the end insert-
 
 
    "(4) In this paragraph "successor of the British Railways Board" has the same meaning as in the Railways Act 1993 (Consequential Modifications) (No.2) Order 1999."
 
 
Greater London Authority Act 1999 (c.29)
     52. The Greater London Authority Act 1999 has effect subject to the following amendments.
 
     53. In section 179(3) (service provided in pursuance of agreement under section 4A of the Transport Act 1962 not a London local service), for the words from "Railways Board" to "1962" substitute "Strategic Rail Authority, entered into under section 201 of the Transport Act 2000".
 
     54. In section 209(1) (amendments about the Croydon Tramlink), for "(9)" substitute "(10)".
 
     55. In section 247(2) (consultation with Regulator about appointments to London Transport Users' Committee), for "Rail Regulator" substitute "Strategic Rail Authority".
 
     56. In section 250(2) (annual report of London Transport Users' Committee to Assembly and Rail Regulator), for "Rail Regulator" substitute "Strategic Rail Authority"
 
     57. - (1) Schedule 18 (London Transport Users' Committee) is amended as follows.
 
      (2) In paragraph 1, after "chairman" insert "and other members" and, in the heading preceding that paragraph, after "Chairman" insert "and other members".
 
      (3) In paragraph 2, for "above," substitute "above as chairman,".
 
      (4) In paragraph 3, after "chairman" insert "or another member".
 
      (5) In paragraphs 9 and 11(3), for "Rail Regulator" substitute "Strategic Rail Authority".
 
      (6) In paragraph 15(2)(a), for "Franchising Director" substitute "Strategic Rail Authority".
 
      (7) Omit paragraph 17.
 
 
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