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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 7 — General

    52

 

           (c)           section 222 of that Act (restriction on winding-up Public-Private

Partnership company) shall have effect as if a reference to the Mayor

were a reference to London Regional Transport, and

           (d)           Schedules 14 and 15 to that Act (Public-Private Partnership

administration order) shall have effect (including in so far as they

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modify another enactment) as if a reference to the Mayor were a

reference to London Regional Transport.

     (6)    Section 425(3) of that Act (restriction on commencement of sections 220 to 224)

shall cease to have effect.

 112   Railways in London: information

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     (1)    The enactments listed in subsection (2) shall not prevent or restrict the

provision of information to the Public-Private Partnership Agreement Arbiter

appointed under section 225(1) of the Greater London Authority Act 1999

(c. 29).

     (2)    Those enactments are—

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           (a)           section 133 of the Fair Trading Act 1973 (c. 41),

           (b)           section 174 of the Consumer Credit Act 1974 (c. 39),

           (c)           section 10 of the Estate Agents Act 1979 (c. 38),

           (d)           section 19 of the Competition Act 1980 (c. 21),

           (e)           section 101 of the Telecommunications Act 1984 (c. 12),

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           (f)           section 74 of the Airports Act 1986 (c. 31),

           (g)           section 38 of the Consumer Protection Act 1987 (c. 43),

           (h)           section 206 of the Water Industry Act 1991 (c. 56),

           (i)           section 204 of the Water Resources Act 1991 (c. 57),

           (j)           section 145 of the Railways Act 1993 (c. 43),

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           (k)           section 55 of the Competition Act 1998 (c. 41),

           (l)           section 105 of the Utilities Act 2000 (c. 27), and

           (m)           section 237 of the Enterprise Act 2002 (c. 40).

Part 7

General

30

 113   Schedules 1 and 4: sequestration, &c. in Scotland

Where a person becomes, under paragraph 2(d) of Schedule 1, liable to

dismissal or, under paragraph 7(4) of Schedule 4, ineligible for appointment—

           (a)           by reason that his estate has been sequestrated, he shall cease to be so

liable or ineligible—

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                  (i)                 in the case of the sequestration of his estate being recalled or

reduced, on the date of that event; and

                  (ii)                in any other case, on his obtaining a discharge;

           (b)           by reason of his having made a composition or arrangement with, or

granted a trust deed for, his creditors, he shall cease to be so liable or

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ineligible—

                  (i)                 in the case of his paying his debts in full, on the date on which

the payment is completed; and

 

 

Railways and Transport Safety Bill
Part 7 — General

    53

 

                  (ii)                in any other case, at the end of the period of five years beginning

with the date on which the terms of the deed of composition or

arrangement or trust deed are fulfilled.

 114   Interpretation: enactment

In this Act “enactment” includes—

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           (a)           an Act of the Scottish Parliament,

           (b)           an instrument made under an Act of the Scottish Parliament, and

           (c)           Northern Ireland legislation.

 115   Repeals

The enactments listed in Schedule 7 are hereby repealed to the extent specified.

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 116   Money

Expenditure of the Secretary of State in consequence of this Act shall be paid

out of money provided by Parliament.

 117   Commencement

     (1)    Subject to subsections (5) to (8), the preceding provisions of this Act shall come

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into force in accordance with provision made by the Secretary of State by order.

     (2)    An order under this section—

           (a)           may make provision which applies only for a specified purpose;

           (b)           may make different provision for different purposes;

           (c)           may make transitional, consequential or incidental provision.

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     (3)    An order under this section in respect of Schedule 1 may, in particular, make

provision to have effect in place of the provision relating to bankruptcy

restrictions orders while the enactment conferring power to make those orders

has not come into force.

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

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     (5)    Section 103 (and the relevant entry in Schedule 7) shall come into force on the

passing of this Act.

     (6)    Section 104 shall come into force at the end of the period of two months

beginning with the date on which this Act is passed.

     (7)    Section 109 (and the relevant entry in Schedule 7) shall come into force at the

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end of the period of two months beginning with the date on which this Act is

passed.

     (8)    Section 111 (and the relevant entry in Schedule 7) shall come into force on the

passing of this Act.

 118   Extent

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     (1)    The following provisions of this Act make provision about extent or territorial

application—

           (a)           section 14 (in relation to Part 1),

 

 

Railways and Transport Safety Bill
Part 7 — General

    54

 

           (b)           section 17 (in relation to Part 2),

           (c)           section 76 (in relation to Part 3),

           (d)           section 90 (in relation to Part 4),

           (e)           section 101 (in relation to Part 5), and

           (f)           sections 102(6), 106(2) and 109(9) (in Part 6).

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     (2)    An amendment or repeal of an enactment effected by this Act shall have the

same extent as the enactment (or the relevant part of the enactment) amended

or repealed.

     (3)    Subsection (2)—

           (a)           has effect despite any of the provisions listed in subsection (1), but

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           (b)           does not apply to section 106.

 119   Short title

This Act may be cited as the Railways and Transport Safety Act 2003.

 

 

Railways and Transport Safety Bill
Schedule 1 — Office of Rail Regulation

 55

 

Schedules

Schedule 1

Section 15

 

Office of Rail Regulation

Constitution

  1       (1)      The Office of Rail Regulation shall consist of a chairman and at least four

5

other members appointed by the Secretary of State.

          (2)      The chairman or another member—

              (a)             may not be appointed for a term of more than five years (but may be

reappointed),

              (b)             may resign by notice in writing to the Secretary of State, and

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              (c)             shall hold and vacate office in accordance with the terms of his

appointment.

          (3)      Before appointing a member other than the chairman the Secretary of State

shall consult the chairman.

  2        The Secretary of State may dismiss a member of the Office by notice in

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writing on the grounds that the member—

              (a)             has been absent from meetings of the Office without permission of

the Office during a period of more than three months,

              (b)             has a financial or other personal interest which is likely to influence

the performance of his functions as a member,

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              (c)             is the subject of a bankruptcy restrictions order (or interim order),

              (d)             has had his estate sequestrated in Scotland or, under Scots law, has

made a composition or arrangement with, or granted a trust deed

for, his creditors,

              (e)             has misbehaved, or

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              (f)             is unable, unfit or unwilling to perform his functions as a member.

Staff

  3       (1)      The Office shall appoint a Chief Executive.

          (2)      Before appointing a Chief Executive the Office shall—

              (a)             consult the Secretary of State, and

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              (b)             obtain the Treasury’s approval of the terms and conditions of

appointment.

  4       (1)      The Office may appoint other employees.

          (2)      The power under sub-paragraph (1) may be exercised only if the Office has

the approval of the Treasury as to—

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              (a)             numbers, and

 

 

Railways and Transport Safety Bill
Schedule 1 — Office of Rail Regulation

    56

 

              (b)             terms and conditions of employment.

  5        Service as an employee of the Office is employment in the civil service of the

State.

Proceedings

  6        The Office may establish one or more committees (which may include

5

persons who are neither members of nor employed by the Office).

  7        The Office may delegate a function to—

              (a)             the Chief Executive or another employee, or

              (b)             a committee.

  8        The Office shall—

10

              (a)             determine arrangements for the conduct of its proceedings (which

may, in particular, include arrangements for a quorum), and

              (b)             publish those arrangements.

  9       (1)      The Office may do anything which it thinks necessary or expedient for the

purpose of or in connection with the performance of its functions.

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          (2)      Sub-paragraph (1) is subject to paragraph 16.

  10       The validity of any proceedings of the Office shall not be affected by—

              (a)             a vacancy, or

              (b)             a defective appointment.

Money

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  11       The Office may with the approval of the Secretary of State make to or in

respect of members of the Office, employees or committee-members

payments by way of or in respect of—

              (a)             remuneration;

              (b)             pension;

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              (c)             allowances;

              (d)             expenses.

  12      (1)      This paragraph applies where an employee of the Office becomes a member

of the Office.

          (2)      The Secretary of State may determine that the person’s term as a member

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shall be treated for the purposes of a scheme under section 1 of the

Superannuation Act 1972 (c. 11) (civil service pension scheme) as

employment in the civil service of the State.

  13       If the Secretary of State thinks that special circumstances of a person’s

ceasing to be a member of the Office make it appropriate to pay him

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compensation, the Office may pay him compensation of an amount

approved by the Secretary of State (whether or not he receives other benefits

by way of pension).

  14       The Office may incur expenditure in connection with advisory or other

services provided to the Office.

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Railways and Transport Safety Bill
Schedule 2 — Abolition of Rail Regulator: Consequential Amendments
Part 1 — Railways Act 1993 (c. 43)

    57

 

  15       Expenditure incurred by the Office in connection with the performance of its

functions shall (to the extent not met by other income of the Office) be paid

out of money provided by Parliament.

  16       The Office may not borrow money.

Conflict of interest

5

  17      (1)      Before appointing a person as a member of the Office the Secretary of State

shall satisfy himself that the person neither has nor is expected to acquire a

financial or other personal interest which is likely to influence the

performance of his functions as a member.

          (2)      From time to time the Secretary of State shall satisfy himself that no member

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of the Office has a financial or other personal interest which is likely to

influence the performance of his functions as a member.

  18      (1)      Procedural arrangements made by the Office under paragraph 8 shall

include arrangements under which a member, employee or committee-

member who has a financial or other personal interest which is likely to

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influence his performance of a particular function is obliged—

              (a)             to declare the interest, and

              (b)             to withdraw from the performance of the function to the relevant

extent.

          (2)      Procedural arrangements made by the Office under paragraph 8 shall

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include arrangements under which a member, employee or committee-

member who has a financial or other personal interest which is relevant to a

particular function but does not fall under sub-paragraph (1) is obliged—

              (a)             to declare the interest, and

              (b)             unless the members of the Office direct otherwise, to withdraw from

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the performance of the function to the relevant extent.

Schedule 2

Section 16

 

Abolition of Rail Regulator: Consequential Amendments

Part 1

Railways Act 1993 (c. 43)

30

  1        The Railways Act 1993 shall be amended as follows.

  2        Section 1 and Schedule 1 (the Rail Regulator) shall cease to have effect.

  3        Subject to the following paragraphs of this Schedule, in the provisions

specified in the following table—

              (a)             for “the Regulator” substitute “the Office of Rail Regulation”,

35

              (b)             for “he” and “him”, where they refer only to the Regulator, substitute

“it”, and

              (c)             for “his”, where it refers to the Regulator, substitute “its”.

 

 

Railways and Transport Safety Bill
Schedule 2 — Abolition of Rail Regulator: Consequential Amendments
Part 1 — Railways Act 1993 (c. 43)

    58

 
 

Section

Description

Section

Description

 
 

Section 4

General duties

Section 22B

Applications for directions

 
 

Section 6

Unauthorised operators

Section 22C

Amendment: supplementary

 
 

Section 7

Exemptions

Section 24

Exemption of passenger services

 
 

Section 7A

Consumer protection conditions

Section 26

Invitations to tender

 

5

 

Section 8

Licences

Section 43

Closures: notification &c.

 
 

Section 9

Conditions of licences

Section 46

Variation of closure conditions

 
 

Section 11

Assignment of licences

Section 46A

General determinations

 
 

Section 12

Modification by agreement

Section 46B

Notification of minor closures

 
 

Section 13

Modification references

Section 55

Orders for ensuring compliance

 

10

 

Section 14

Reports on references

Section 56

Procedural requirements

 
 

Section 15

Modification following report

Section 57A

Penalties

 
 

Section 15A

Power to veto modification

Section 57B

Statement of policy

 
 

Section 15B

Modification by Commission

Section 57C

Procedural requirements for

 
    

penalties

 

15

 

Section 15C

Supplementary

Section 67

Respective functions

 
 

Section 16

Modification by order

Section 68

Investigatory functions

 
 

Section 16A

Provision &c. of facilities

Section 69

General functions

 
 

Section 16B

Exemption

Section 71

Publication of information

 
 

Section 16C

Applications for directions

Section 72

Keeping of register: Regulator

 

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Section 16D

Procedure

Section 73

Keeping of register: Authority

 
 

Section 16E

Decisions: adequate reward

Section 74

Reports: Regulator

 
 

Section 16F

Decisions: other provisions

Section 75

Reports: Authority

 
 

Section 16G

Directions

Section 76

Rail Passengers’ Council

 
 

Section 16H

Code of Practice

Section 77

Rail Passengers’ Committees

 

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Section 16I

Supplementary

Section 79

Annual reports

 
 

Section 17

Access agreements: directions

Section 95

Transfer schemes: power to

 
    

require information

 
 

Section 18

Access agreements: approval

Section 118

National emergency

 
 

Section 19

Access agreements: use of

Section 145

Disclosure of information

 

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installations

   
 

Section 19A

Review of access charges

Schedule 2

Rail Passengers’ Committees

 
 

Section 20

Exemption

Schedule 3

Rail Passengers’ Council

 
 

Section 21

Model clauses

Schedule 4

Access agreements

 
 

 

 
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