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

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Pensions
Authority's duty to continue Board's practice of indexation.     242. - (1) The Authority shall make provision for increases in pensions and capital sums to which this section applies broadly corresponding to each increase in official pensions under the Pensions (Increase) Act 1971 and section 59 of the Social Security Pensions Act 1975 ("an official pensions increase").
 
      (2) This section applies to a pension or capital sum at any time if-
 
 
    (a) at that time it is a pension in payment, a deferred pension or capital sum or a pension or capital sum to which a person's future entitlement is contingent on the death of another person, and
 
    (b) the Board either made provision for an increase in it broadly corresponding to an official pensions increase or would have done so if it had been within paragraph (a) at a time when the Board made provision for increases broadly corresponding to an official pensions increase.
      (3) But where it was the practice of the Board, when making increases broadly corresponding to an official pensions increase, in any circumstances-
 
 
    (a) not to make provision for an increase, or
 
    (b) to make provision for an increase of a reduced amount,
       subsection (1) does not require the Authority to make in similar circumstances provision for an increase in excess of any for which the Board would have made provision.
 
Amendments of pension protection provisions.     243. - (1) In paragraph 6(2)(a)(ii) of Schedule 11 to the Railways Act 1993 (power to make order providing for pension rights of protected persons to be no less favourable as a result of a transfer of pension rights), after "rights" insert "(whether made between occupational pension schemes or sections of an occupational pension scheme or otherwise)".
 
      (2) The Railway Pensions (Protection and Designation of Schemes) Order 1994 is amended as follows.
 
      (3) In article 6 (transfers etc.), insert at the end-
 
 
    "(9) In paragraphs (2), (3), (5), (7)(a) and (b)(i) and (8) references to an occupational pension scheme include a section of such a scheme."
 
      (4) In article 7(4) (payments on transfers), insert at the end (but not as part of sub-paragraph (b))-
 
 
" and in this paragraph references to an occupational pension scheme include a section of such a scheme."
 
      (5) In article 9 (circumstances in which breaks in continuity of employment are disregarded)-
 
 
    (a) in paragraph (2), omit ", except to the extent specified in paragraph (3)," and "relevant" (in both places), and
 
    (b) in paragraph (3), for "this article" substitute "paragraph (1)".
      (6) In article 11(4) (activities to be regarded as the railway industry)-
 
 
    (a) after "of Schedule 11 are" insert "the activities of the Authority or any subsidiary of the Authority and activities consisting of", and
 
    (b) for "in each case" substitute "in each of the cases in sub-paragraphs (a) to (d)".
      (7) Omit paragraphs 13 and 14 (arbitration).
 
      (8) The amendments made by subsections (3) to (7) shall be treated as if made by an order made under Schedule 11 to the Railways Act 1993 (and, accordingly, may be varied or revoked by an order so made).
 
 
Miscellaneous
Passenger Transport Executives.     244. - (1) Section 34 of the Railways Act 1993 (Passenger Transport Authorities and Executives: franchising) is amended as follows.
 
      (2) After subsection (8) insert-
 
 
    "(8A) The Authority shall not do anything under subsection (8) above if or to the extent that to do it would prevent or seriously hinder the Authority-
 
 
    (a) from complying with any directions given to it by the Secretary of State under section 206(5) of the Transport Act 2000 or from having regard to any guidance so given;
 
    (b) from complying with any directions given to it by the Scottish Ministers under section 207 of that Act with which it must comply or from having regard to any guidance so given to which it must have regard; or
 
    (c) from exercising any of its functions in a manner which is consistent with its financial framework.
      (8B) The Authority need not do anything under subsection (8) above if or to the extent that to do it would have an adverse effect on the provision of services for the carriage of passengers or goods by railway (whether inside or outside the Passenger Transport Executive's passenger transport area).
 
      (8C) The Authority need not do anything under subsection (8) above if or to the extent that to do it would increase the amount of any expenditure of the Authority under agreements or other arrangements entered into (in accordance with a franchise agreement) with-
 
 
    (a) the franchise operator,
 
    (b) the franchisee, or
 
    (c) any servant, agent or independent contractor of the franchise operator or franchisee."
      (3) In subsection (17) (disputes between Authority and Passenger Transport Executives: directions by Secretary of State), for "with respect to the dispute" substitute "with respect to the proposal or franchise agreement".
 
Standards.     245. - (1) The Secretary of State may by regulations make provision for the setting of standards to be complied with in relation to railway assets, railway vehicles or railway services.
 
      (2) The regulations may provide-
 
 
    (a) for standards to be set (and from time to time varied), or
 
    (b) for compliance with standards to be monitored,
       by persons specified in, or designated in accordance with, the regulations.
 
      (3) The regulations may authorise the setting of standards which involve obtaining the approval of any person.
 
      (4) The regulations may authorise the charging of fees in respect of-
 
 
    (a) the monitoring of compliance with standards, or
 
    (b) the seeking of approvals in connection with standards.
      (5) The regulations may impose requirements to provide information on persons who-
 
 
    (a) are required to comply with standards, or
 
    (b) set, or monitor compliance with, standards,
       and prohibit the giving of false information.
 
      (6) The regulations may create criminal offences in respect of failures to comply with requirements imposed by the regulations.
 
      (7) The regulations may provide for such offences to be triable-
 
 
    (a) only summarily, or
 
    (b) either summarily or on indictment.
      (8) The regulations may provide for an offence triable only summarily to be punishable on conviction with a fine not exceeding-
 
 
    (a) level 5 on the standard scale, or
 
    (b) such lower amount as may be prescribed.
      (9) The regulations may provide for an offence triable either summarily or on indictment to be punishable-
 
 
    (a) on summary conviction, with a fine not exceeding the statutory maximum or such lower amount as may be prescribed, or
 
    (b) on conviction on indictment, with a fine.
      (10) The regulations may make different provision for different cases and may (in particular) include provision-
 
 
    (a) authorising conditional or unconditional dispensation from requirements imposed by the regulations which would otherwise apply, or
 
    (b) requiring compliance with requirements so imposed which would not otherwise apply,
       in particular cases or descriptions of case.
 
      (11) The regulations may include such incidental, consequential, supplementary or transitional provisions or savings as the Secretary of State may consider appropriate, including (in particular) provision modifying any provision made by or under any other enactment.
 
      (12) The regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
Substitute services to be suitable for disabled passengers.     246. - (1) This section applies where-
 
 
    (a) a person who provides services for the carriage of passengers by railway provides or secures the provision of substitute road services, or
 
    (b) the Authority secures the provision of such services (under an agreement entered into in pursuance of section 213).
      (2) In doing so the person or Authority shall ensure, so far as is reasonably practicable, that the substitute road services allow disabled passengers to undertake their journeys safely and in reasonable comfort.
 
      (3) In the event of any failure by the person or Authority to comply with subsection (2), he or it shall be liable to pay damages in respect of any expenditure reasonably incurred, or other loss sustained, by a disabled passenger in consequence of the failure.
 
      (4) The Secretary of State may by order grant exemption from subsection (2) to-
 
 
    (a) any class or description of persons who provide services for the carriage of passengers by railway, or
 
    (b) any particular person who provides such services,
       in respect of all substitute road services or any class or description of such services.
 
      (5) Before making an order under subsection (4) the Secretary of State shall consult-
 
 
    (a) the Disabled Persons Transport Advisory Committee, and
 
    (b) such other representative organisations as he thinks fit.
      (6) An order under subsection (4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (7) In this section "substitute road services" means services for the carriage of passengers by road which are provided where railway services have been temporarily interrupted or discontinued.
 
      (8) For the purposes of this section a passenger is disabled if he has a disability, or has suffered an injury, which seriously impairs his ability to walk.
 
Freight assistance by Scottish Ministers and Welsh Assembly.     247. - (1) The Authority shall notify the Scottish Ministers and the National Assembly for Wales about any scheme in accordance with which it exercises its functions under section 210 for the purpose of securing the provision, improvement or development of-
 
 
    (a) services for the carriage of goods by railway, or
 
    (b) facilities for or in connection with the carriage of goods by railway or the loading or unloading of goods carried or intended to be carried by railway,
       and the criteria applied by it in exercising those functions for that purpose in accordance with the scheme.
 
      (2) The Scottish Ministers and the National Assembly for Wales may enter into agreements or other arrangements for the purpose of securing the provision, improvement or development in Scotland and Wales (respectively) of-
 
 
    (a) services for the carriage of goods by railway, and
 
    (b) facilities for or in connection with the carriage of goods by railway or the loading or unloading of goods carried or intended to be carried by railway,
       in accordance with any scheme notified to them under subsection (1) and applying the criteria so notified.
 
      (3) In this section-
 
 
    "facilities" includes track, rolling stock, depots, access roads and equipment for use in connection with the carriage, loading or unloading of goods, and
 
    "railway" has its wider meaning.
Taxation of transfers.     248. Schedule 26 contains provisions about tax.
 
Abolition of requirements for Treasury approval.     249. - (1) The Railways Act 1993 has effect subject to the following amendments.
 
      (2) In Schedule 1 (Regulator), in paragraph 1 (remuneration, pensions etc.), omit sub-paragraph (4) (Treasury approval of Secretary of State's determinations).
 
      (3) In Schedule 2 (rail users' consultative committees), in paragraph 2 (remuneration etc. of chairman), omit ", with the approval of the Treasury,".
 
      (4) In Schedule 3 (Central Rail Users' Consultative Committee), in paragraph 2 (remuneration etc. of chairman), omit ", with the approval of the Treasury,".
 
 
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