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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 6 — Miscellaneous

    45

 

           (a)           to a function or activity performed or carried out in any of the Channel

Islands or a British overseas territory;

           (b)           to a function performed or activity carried out on an aircraft which is

registered, in accordance with an enactment about aircraft, in any of the

Channel Islands or a British overseas territory.

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     (4)    Section 97 shall not extend to Scotland.

     (5)    Subsection (4) does not affect any rule of law or enactment concerning the right

of a constable in Scotland to board an aircraft or enter any place for any

purpose.

Part 6

10

Miscellaneous

 102   Convention on International Carriage by Rail

     (1)    The Secretary of State may make regulations for the purpose of giving effect to

the Convention concerning International Carriage by Rail signed at Berne on

9th May 1980 as set out in the Annex to the modifying Protocol signed at

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Vilnius on 3rd June 1999.

     (2)    Schedule 6 shall have effect (provision which may be made by regulations in

connection with that Convention made under subsection (1) above or under

section 2 of the European Communities Act 1972 (c. 68) (implementation of

Community obligations)).

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     (3)    Regulations made under or by virtue of this section shall bind the Crown

except in so far as they provide to the contrary.

     (4)    Regulations made under this section shall be made by statutory instrument.

     (5)    Regulations made under or by virtue of this section may not be made unless a

draft has been laid before and approved by resolution of each House of

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Parliament.

     (6)    This section extends to the whole of the United Kingdom.

 103   Office of Rail Regulation: general duties

In section 4(5)(c) of the Railways Act 1993 (c. 43) (duty of the Office of Rail

Regulation (formerly the Regulator): duty to have regard to position of

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Strategic Rail Authority) the words “under this Part” shall cease to have effect.

 104   Railways safety levy

     (1)    The following shall be inserted after section 43 of the Health and Safety at

Work etc. Act 1974 (c. 37) (financial provision)—

       “43A                 Railway safety levy

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           (1)           The Secretary of State may make regulations requiring persons who

provide railway services to pay railway safety levy.

           (2)           Railway safety levy shall be applied only for the purpose of meeting

expenses incurred—

 

 

Railways and Transport Safety Bill
Part 6 — Miscellaneous

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                  (a)                 in respect of activity undertaken by the Executive in reliance on

section 117 of the Railways Act 1993 (safety of railways, &c.), or

                  (b)                 in respect of activity undertaken by the Executive, under or by

virtue of any other enactment, in relation to a transport system

to which that section applies.

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           (3)           The railway safety levy shall not be used to meet—

                  (a)                 an expense in respect of which a fee is payable under

regulations made under section 43, or

                  (b)                 an expense in respect of a matter specified by the regulations for

the purpose of this paragraph.

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           (4)           Where an expense is incurred partly in respect of activity within

subsection (2)(a) or (b) and partly in respect of other activity, the

railway safety levy may be used to meet a part of that expense which is

reasonably referable to activity within subsection (2)(a) or (b).

           (5)           Regulations under subsection (1) may, in particular, determine or

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enable the Commission or the Executive to determine—

                  (a)                 the total amount of the railway safety levy to be imposed in

respect of a specified period;

                  (b)                 the persons by whom the levy is to be paid;

                  (c)                 the criteria for assessing the proportion of the levy to be paid by

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a particular person (which may, in particular, refer to the size of

a person’s income or provide for an amount to be reduced or

waived in specified circumstances);

                  (d)                 the periods in respect of which the levy is to be paid;

                  (e)                 the manner in which the levy is to be paid;

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                  (f)                 the person to whom the levy is to be paid;

                  (g)                 when the levy is to be paid.

           (6)           Regulations under subsection (1) may, in particular, enable the

Commission or the Executive—

                  (a)                 to require a person who provides railway services to supply

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information for the purposes of the consideration of a matter

specified in subsection (5);

                  (b)                 where information requested is not supplied, to make

assumptions;

                  (c)                 to revise a determination of a matter specified in subsection (5)

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(whether before, during or after the period to which it relates);

                  (d)                 to make refunds.

           (7)           Regulations by virtue of subsection (6)(a) may, in particular, make

provision—

                  (a)                 about the manner and timing of the supply of information;

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                  (b)                 about certification of the accuracy of information supplied;

                  (c)                 creating a criminal offence in connection with the supply of

inaccurate or misleading information (but not an offence

punishable with imprisonment).

           (8)           Regulations under subsection (1) may enable payment to be enforced

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by civil proceeding.

           (9)           For the purposes of this section a person provides railway services if he

manages or controls, or participates in managing or controlling, a

 

 

Railways and Transport Safety Bill
Part 6 — Miscellaneous

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transport system to which section 117 of the Railways Act 1993

applies.”

     (2)    In section 28(1)(a) of that Act (restriction on disclosure of information) after

“27A above” insert “, by virtue of section 43A(6) below”.

 105   Railway security services

5

The following shall be inserted after section 121 of the Railways Act 1993 (c. 43)

(security: inspection)—

       “121A               Railway security services: approved providers

           (1)           In this section “railway security service” means a process or activity

carried out for the purpose of—

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                  (a)                 complying with a requirement of an instruction under section

119, or

                  (b)                 facilitating a person’s compliance with a requirement of an

instruction under section 119.

           (2)           Regulations may provide for the Secretary of State to maintain a list of

15

persons who are approved by him for the provision of a particular

railway security service.

           (3)           The regulations may—

                  (a)                 prohibit the provision of a railway security service by a person

who is not listed in respect of that service;

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                  (b)                 prohibit the use or engagement for the provision of a railway

security service of a person who is not listed in respect of that

service;

                  (c)                 create a criminal offence;

                  (d)                 make provision about application for inclusion in the list

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(including provision about fees);

                  (e)                 make provision about the duration and renewal of entries on

the list (including provision about fees);

                  (f)                 make provision about training or qualifications which persons

who apply to be listed or who are listed are required to undergo

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or possess;

                  (g)                 make provision about removal from the list which shall include

provision for appeal;

                  (h)                 make provision about the inspection of activities carried out by

listed persons;

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                  (i)                 confer functions on the Secretary of State or on a specified

person;

                  (j)                 confer jurisdiction on a court.

           (4)           Regulations under subsection (3)(c)—

                  (a)                 may not provide for a penalty on summary conviction greater

40

than a fine not exceeding the statutory maximum,

                  (b)                 may not provide for a penalty of imprisonment on conviction

on indictment greater than imprisonment for a term not

exceeding two years (whether or not accompanied by a fine),

and

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Railways and Transport Safety Bill
Part 6 — Miscellaneous

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                  (c)                 may create a criminal offence of purporting, with intent to

deceive, to do something as a listed person or of doing

something, with intent to deceive, which purports to be done by

a listed person.

           (5)           An instruction under section 119 may—

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                  (a)                 include a requirement to use a listed person for the provision of

a railway security service;

                  (b)                 provide for all or part of the instruction not to apply or to apply

with modified effect where a listed person provides a railway

security service.

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           (6)           Regulations under this section—

                  (a)                 may make different provision for different cases,

                  (b)                 may include incidental, supplemental or transitional provision,

                  (c)                 shall be made by the Secretary of State by statutory instrument,

                  (d)                 shall not be made unless the Secretary of State has consulted

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organisations appearing to him to represent persons affected by

the regulations, and

                  (e)                 shall be subject to annulment in pursuance of resolution of

either House of Parliament.”

 106   Road traffic: fixed penalty

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     (1)    In section 76(2)(a) of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty)

the words “of police” shall cease to have effect.

     (2)    This section shall extend only to England and Wales.

 107   Seat belts: delivery drivers

The following shall be substituted for section 14(2)(b)(i) of the Road Traffic Act

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1988 (c. 52) (seat belts: exceptions: delivery drivers)—

                           “(i)                             the driver of or a passenger in a motor vehicle

constructed or adapted for carrying goods, while on a

journey which does not exceed the prescribed

distance and which is undertaken for the purpose of

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delivering or collecting any thing,”.

 108   Highways: snow and ice

After section 41(1) of the Highways Act 1980 (c. 66) (duty of highway authority

to maintain highway) insert—

           “(1A)              In particular, a highway authority are under a duty to ensure, so far as

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is reasonably practicable, that safe passage along a highway is not

endangered by snow or ice.”

 109   Shipping legislation: application to structures, craft, &c.

     (1)    The Secretary of State may by order—

           (a)           provide for a shipping provision to apply (with or without

40

modification) in relation to specified things which are used, navigated

or situated wholly or partly in or on water;

 

 

Railways and Transport Safety Bill
Part 6 — Miscellaneous

    49

 

           (b)           provide for a shipping provision not to apply in relation to specified

things which are used, navigated or situated wholly or partly in or on

water;

           (c)           modify a shipping provision in its application in relation to specified

things which are used, navigated or situated wholly or partly in or on

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water.

     (2)    In this section “shipping provision” means a provision which—

           (a)           is made by or by virtue of an Act (including this Act), and

           (b)           is expressed to apply in relation to ships, vessels or boats (or a specified

class or description of ship, vessel or boat).

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     (3)    An order under subsection (1) may, in particular, be made in respect of a

provision which—

           (a)           confers power to legislate, or

           (b)           creates an offence.

     (4)    An order under subsection (1) shall have effect despite (and may amend) any

15

provision which—

           (a)           forms part of or relates to the shipping provision concerned, and

           (b)           defines “ship”, “vessel” or “boat” or in any other way limits or

determines the application of the shipping provision concerned.

     (5)    An order under subsection (1) may—

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           (a)           make different provision for different purposes;

           (b)           make provision for an individual case;

           (c)           make provision which applies only in specified circumstances;

           (d)           make transitional provision.

     (6)    An order under subsection (1)(a) or (c) may provide for the shipping provision

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not to apply, or to apply with specified modifications, where it would conflict

with a specified provision or class of provision made by or by virtue of an

enactment.

     (7)    An order under subsection (1)—

           (a)           shall be made by statutory instrument,

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           (b)           shall be subject to annulment in pursuance of a resolution of either

House of Parliament, and

           (c)           shall not be made unless the Secretary of State has consulted with

organisations in the United Kingdom which appear to him to be

representative of persons who will be affected by the order.

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     (8)    Section 311 of the Merchant Shipping Act 1995 (c. 21) (application of Act to

structures, &c.) shall cease to have effect.

     (9)    This section extends to the whole of the United Kingdom.

 110   Maritime security services

The following shall be inserted after section 36 of the Aviation and Maritime

40

Security Act 1990 (c. 31) (security directions: inspection)—

       “36A               Maritime security services: approved providers

           (1)           In this section “maritime security service” means a process or activity

carried out for the purpose of—

 

 

Railways and Transport Safety Bill
Part 6 — Miscellaneous

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                  (a)                 complying with a requirement of a direction under any of

sections 21 to 24, or

                  (b)                 facilitating a person’s compliance with a requirement of a

direction under any of those sections.

           (2)           Regulations may provide for the Secretary of State to maintain a list of

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persons who are approved by him for the provision of a particular

maritime security service.

           (3)           The regulations may—

                  (a)                 prohibit the provision of a maritime security service by a person

who is not listed in respect of that service;

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                  (b)                 prohibit the use or engagement for the provision of a maritime

security service of a person who is not listed in respect of that

service;

                  (c)                 create a criminal offence;

                  (d)                 make provision about application for inclusion in the list

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(including provision about fees);

                  (e)                 make provision about the duration and renewal of entries on

the list (including provision about fees);

                  (f)                 make provision about training or qualifications which persons

who apply to be listed or who are listed are required to undergo

20

or possess;

                  (g)                 make provision about removal from the list which shall include

provision for appeal;

                  (h)                 make provision about the inspection of activities carried out by

listed persons;

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                  (i)                 confer functions on the Secretary of State or on a specified

person;

                  (j)                 confer jurisdiction on a court.

           (4)           Regulations under subsection (3)(c)—

                  (a)                 may not provide for a penalty on summary conviction greater

30

than a fine not exceeding the statutory maximum,

                  (b)                 may not provide for a penalty of imprisonment on conviction

on indictment greater than imprisonment for a term not

exceeding two years (whether or not accompanied by a fine),

and

35

                  (c)                 may create a criminal offence of purporting, with intent to

deceive, to do something as a listed person or of doing

something, with intent to deceive, which purports to be done by

a listed person.

           (5)           A direction under any of sections 21 to 24 may—

40

                  (a)                 include a requirement to use a listed person for the provision of

a maritime security service;

                  (b)                 provide for all or part of the direction not to apply or to apply

with modified effect where a listed person provides a maritime

security service.

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           (6)           Regulations under this section—

                  (a)                 may make different provision for different cases,

                  (b)                 may include incidental, supplemental or transitional provision,

                  (c)                 shall be made by the Secretary of State by statutory instrument,

 

 

Railways and Transport Safety Bill
Part 6 — Miscellaneous

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                  (d)                 shall not be made unless the Secretary of State has consulted

organisations appearing to him to represent persons affected by

the regulations, and

                  (e)                 shall be subject to annulment in pursuance of resolution of

either House of Parliament.”

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 111   Railways in London: transfers

     (1)    A scheme under section 409(1) or (2) of the Greater London Authority Act 1999

(c. 29) (transfer schemes) which transfers property, rights or liabilities—

           (a)           from London Regional Transport or a subsidiary of London Regional

Transport, and

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           (b)           to Transport for London or a subsidiary of Transport for London,

            may provide that section 412(3) of that Act (transfer not to trigger or breach

contractual provision) shall not apply in relation to the transfer.

     (2)    A transfer scheme within the meaning of paragraph 1 of Schedule 12 to that Act

(schemes made by Transport for London) which transfers property, rights or

15

liabilities may provide that paragraph 2(3) of that Schedule (transfer not to

trigger or breach contractual provision) shall not apply in relation to the

transfer.

     (3)    Provision included in a scheme by virtue of subsection (1) or (2) may disapply

section 412(3) of, or paragraph 2(3) of Schedule 12 to, that Act—

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           (a)           generally,

           (b)           only in relation to a specified contract or instrument, or class of contract

or instrument,

           (c)           only in relation to a specified right, class of right, provision or class of

provision,

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           (d)           only in relation to a specified transfer, or

           (e)           by reference to a combination of matters mentioned in paragraphs (b)

to (d).

     (4)    Paragraph 2(3) of Schedule 12 to that Act shall not apply in respect of the

transfer of property, rights or liabilities which—

30

           (a)           have been transferred under a scheme which provided for section

412(3) not to apply in relation to the transfer in reliance on subsection

(1) above, or

           (b)           arise out of property, rights or liabilities transferred as described in

paragraph (a).

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     (5)    Before the date on which London Underground Limited becomes a subsidiary

of Transport for London—

           (a)           section 217 of that Act (transfer of key system assets) shall have effect

as if—

                  (i)                 the reference to Transport for London in subsection (1) included

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a reference to London Regional Transport, and

                  (ii)                the list of bodies in subsection (2) included London

Underground Limited and any subsidiary,

           (b)           section 221 of that Act (Public-Private Partnership administration

order) shall have effect as if a reference to the Mayor were a reference

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to London Regional Transport,

 

 

 
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