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

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Substitute services to be suitable for disabled passengers.     248. - (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 214).
      (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.     249. - (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 211 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.     250. Schedule 26 contains provisions about tax.
 
Abolition of requirements for Treasury approval.     251. - (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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