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

back to previous text
 
 
Competition
Licence modifications following Competition Commission report.     242. - (1) In section 15 of the Railways Act 1993 (modification of licence conditions following report of Competition Commission), after subsection (4) insert-
 
 
    "(4A) Where (after considering any representations or objections which are duly made and not withdrawn) the Regulator or Authority proposes to make or require the making of modifications under this section, he or it shall give notice to the Competition Commission-
 
 
    (a) setting out the modifications he proposes to make or it proposes to require to be made; and
 
    (b) stating the reasons why he proposes to make the modifications or it proposes to require the making of them.
      (4B) The Regulator or Authority shall include with the notice under subsection (4A) above a copy of any representations and objections which have been considered.
 
      (4C) If the period within which a direction may be given by the Competition Commission under section 15A below expires without such a direction being given, the Regulator or Authority shall make, or require the making of, the modifications set out in the notice given under subsection (4A) above.
 
      (4D) If a direction is given by the Competition Commission under section 15A(1)(b) below, the Regulator or Authority shall make, or require the making of, such of those modifications as are not specified in the direction."
 
      (2) After that section insert-
 
 
"Competition Commission's power to veto modifications following report.     15A. - (1) The Competition Commission may, within the period of four weeks beginning with the day on which they are given notice under section 15(4A) above, give a direction to the Regulator or Authority-
 
    (a) not to make, or require the making of, the modifications set out in the notice; or
 
    (b) not to make such of those modifications as are specified in the direction.
      (2) The Secretary of State may, if an application is made to him by the Competition Commission within that period of four weeks, extend the period within which a direction may be given under this section to one of six weeks beginning with the day on which the Competition Commission are given notice under section 15(4A) above.
 
      (3) The Competition Commission may give a direction under this section only if the modifications to which it relates do not appear to them requisite for the purpose of remedying or preventing the adverse effects specified in their report on the reference under section 13 above.
 
      (4) If the Competition Commission give a direction under this section, they shall give notice-
 
 
    (a) setting out the modifications contained in the notice given under section 15(4A) above;
 
    (b) setting out the direction; and
 
    (c) stating the reasons why they are giving the direction.
      (5) A notice under subsection (4) above shall be given-
 
 
    (a) by publishing the notice in such manner as the Competition Commission consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the direction; and
 
    (b) by serving a copy of the notice on the holder of the licence.
Making of modifications by Competition Commission.     15B. - (1) If the Competition Commission give a direction under section 15A above, they shall themselves make such modifications of the conditions of the licence as appear to them requisite for the purpose of remedying or preventing-
 
 
    (a) the adverse effects specified in their report on the reference under section 13 above; or
 
    (b) such of those adverse effects as would not be remedied or prevented by the modifications made by the Regulator, or required to be made by the Authority, under section 15(4D) above.
      (2) In exercising the function conferred by subsection (1) above, the Competition Commission shall have regard to the matters as respects which duties are imposed on the Regulator by section 4 above.
 
      (3) Before making modifications under this section, the Competition Commission shall give notice-
 
 
    (a) stating that they propose to make the modifications and setting out their effect,
 
    (b) stating the reasons why they propose to make the modifications, and
 
    (c) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made,
       and shall consider any representations or objections which are duly made and not withdrawn.
 
      (4) A notice under subsection (3) above shall be given-
 
 
    (a) by publishing the notice in such manner as the Competition Commission consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the modifications; and
 
    (b) by serving a copy of the notice on the holder of the licence.
      (5) As soon as practicable after making any modifications under this section, the Competition Commission shall send a copy of those modifications to the Regulator, the Authority and the Health and Safety Executive.
 
Sections 15A and 15B: supplementary.     15C. - (1) The provisions mentioned in subsection (2) below are to apply in relation to the exercise by the Competition Commission of their functions under sections 15A and 15B above as if-
 
 
    (a) in section 82(1) and (2) of the 1973 Act references to a report of the Competition Commission under that Act were references to a notice under section 15A(4) or 15B(3) above;
 
    (b) in section 85 of that Act references to an investigation on a reference made to the Competition Commission were references to an investigation by the Competition Commission for the purposes of the exercise of their functions under those sections; and
 
    (c) in section 93B of that Act references to the functions of the Competition Commission under that Act were references to their functions under those sections.
      (2) The provisions are-
 
 
    (a) sections 82(1) and (2) (general provisions as to reports), 85 (attendance of witnesses and production of documents) and 93B (false or misleading information) of the 1973 Act;
 
    (b) Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission's general functions); and
 
    (c) section 24 of the 1980 Act (modification of provisions about performance of such functions).
      (3) For the purpose of assisting the Competition Commission in exercising their functions under sections 15A and 15B above, the Regulator and the Authority shall give to the Competition Commission any information in his or its possession which relates to matters relevant to the exercise of those functions and-
 
 
    (a) is requested by the Competition Commission for that purpose; or
 
    (b) is information which, in his or its opinion, it would be appropriate for that purpose to give to the Competition Commission without any such request;
       and any other assistance which the Competition Commission may require, and which it is within his or its power to give, in relation to any such matters.
 
      (4) For the purpose of exercising those functions, the Competition Commission shall take account of any information given to them for that purpose under subsection (3) above."
 
Competition functions of Regulator.     243. - (1) Section 67 of the Railways Act 1993 (functions of Regulator and Director General of Fair Trading) is amended as follows.
 
      (2) In subsection (3) (concurrent exercise by Regulator and Director of functions under Part I of Competition Act 1998 so far as relating to agreements etc. which relate to supply of railway services), for "railway services" substitute "services relating to railways".
 
      (3) After that subsection insert-
 
 
    "(3ZA) In subsection (3) above "services relating to railways" means-
 
 
    (a) railway services;
 
    (b) the provision or maintenance of rolling stock;
 
    (c) the development, maintenance or renewal of a network, station or light maintenance depot; and
 
    (d) the development, provision or maintenance of information systems designed wholly or mainly for facilitating the provision of railway services.
      (3ZB) The Secretary of State may by order amend subsection (3ZA) above; and an order under this subsection shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament."
 
 
Pensions
Authority's duty to continue Board's practice of indexation.     244. - (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.     245. - (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.     246. - (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 207(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 208 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.     247. - (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.
 
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 3 November 2000