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Railways and Transport Safety Bill


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

    59

 
 

Section

Description

Section

Description

 
 

Section 22

Amendment

Schedule 4A

Review of access charges

 
 

Section 22A

Directions to amend

   
 

  4        In section 7 (exemptions from section 6)—

              (a)             in subsection (3)(b) for “it” substitute “the exemption”, and

5

              (b)             in subsection (8) after “he” insert “or it”.

  5        In section 8(4)(a) and (b) (licences) after “he” insert “or it”.

  6        In section 9(3)(f) (conditions of licences) after “he” and “him” insert “or it”.

  7        In section 15(4A) (modification following report)—

              (a)             omit “he or”, and

10

              (b)             in paragraphs (a) and (b) omit “it proposes to”.

  8        In section 15C(3) (sections 15A and 15B: supplementary)—

              (a)             after “shall” insert “each”, and

              (b)             in each place, omit “his or”.

  9        In section 20(3)(b) (exemption of railway facilities from sections 17, 18 and

15

22A) for “it” substitute “the exemption”.

  10       In section 21(5) (model clauses for access contracts)—

              (a)             after “any” insert “of its”, and

              (b)              omit “of his”.

  11       In section 55(5ZA)(a) (orders for securing compliance) for the second “it”

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substitute “the Authority”.

  12       In section 57A(5)(a) (penalties) for the second “it” substitute “the Authority”.

  13       In section 57B (statement of policy)—

              (a)             in subsection (3) omit “or his”, and

              (b)             in subsection (4)(a) omit “his or”.

25

  14       In section 74 (reports)—

              (a)             in subsection (1) for “after the end of the first relevant financial year

and of each subsequent financial year,” substitute “after the end of

each financial year,”, and

              (b)             in subsection (8) omit the definition of “first relevant financial year”.

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  15       In section 76(5A) (matters referred to the Authority by the Rail Passengers’

Council) for “him” substitute “the Office of Rail Regulation”.

  16       In section 77(4A) (matters referred to the Authority by a Rail Passengers’

Committee) for “him” substitute “the Office of Rail Regulation”.

  17       In section 151(1) (general interpretation) omit the definition of “the

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Regulator”.

  18       In Part I of Schedule 6 (railway administration orders) for “the Rail

Regulator” substitute “the Office of Rail Regulation”.

 

 

Railways and Transport Safety Bill
Schedule 2 — Abolition of Rail Regulator: Consequential Amendments
Part 2 — Other Acts

    60

 

Part 2

Other Acts

General

  19       In the following enactments for a reference to the Rail Regulator there shall

be substituted a reference to the Office of Rail Regulation—

5

              (a)             section 13 of the Transport Act 1962 (c. 46) (Boards’ powers of

manufacture),

              (b)             Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)

(departments subject to jurisdiction),

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

10

information),

              (d)             section 174 of the Consumer Credit Act 1974 (c. 39) (disclosure of

information),

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

information),

15

              (f)             section 19 of the Competition Act 1980 (c. 21) (disclosure of

information),

              (g)             section 101 of the Telecommunications Act 1984 (c. 12) (disclosure of

information),

              (h)             section 41A of the London Regional Transport Act 1984 (c. 32) (access

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contracts),

              (i)             section 74 of the Airports Act 1986 (c. 31) (disclosure of information),

              (j)             section 9E of the Company Directors Disqualification Act 1986 (c. 46)

(disqualification for competition infringement),

              (k)             section 38 of the Consumer Protection Act 1987 (c. 43) (disclosure of

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information),

              (l)             Schedule 15 to the Water Industry Act 1991 (c. 56) (disclosure of

information),

              (m)             Schedule 24 to the Water Resources Act 1991 (c. 57) (disclosure of

information),

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              (n)             Schedules 2 and 4 to the Deregulation and Contracting Out Act 1994

(c. 40) (sectoral regulators),

              (o)             sections 17, 21 and 22 of the Channel Tunnel Rail Link Act 1996 (c. 61)

(rail legislation and regulator),

              (p)             section 54 of, Part I of Schedule 10 to and Schedule 11 to the

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Competition Act 1998 (c. 41) (regulators),

              (q)             sections 199, 200, 228(2) and (3) and 235 of, and paragraph 15 of

Schedule 18 to, the Greater London Authority Act 1999 (c. 29),

              (r)             Schedule 7 to the Postal Services Act 2000 (c. 26) (disclosure of

information),

40

              (s)             section 105 of the Utilities Act 2000 (c. 27) (disclosure of information),

              (t)             the following provisions of the Transport Act 2000 (c. 38)—

                    (i)                   section 206 (strategies),

                    (ii)                  section 216 (assumption of certain functions of Regulator),

                    (iii)                 paragraph 3 of Schedule 9 (disclosure of information),

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                    (iv)                  paragraph 13 of Schedule 10 (disclosure of information),

                    (v)                   Part III of Schedule 17 (transfers to SRA from Regulator), and

 

 

Railways and Transport Safety Bill
Schedule 3 — Abolition of Rail Regulator: Savings, &c.

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                    (vi)                  Part II of Schedule 26 (transfers to SRA: tax), and

              (u)             sections 136 and 168 of the Enterprise Act 2002 (c. 40) (investigations

and regulated markets).

  20       In addition to the amendments effected by paragraph 19, the following

enactments shall be amended as specified.

5

House of Commons Disqualification Act 1975 (c. 24)

  21       In Schedule 1 to the House of Commons Disqualification Act 1975 (offices

disqualifying for membership)—

              (a)             in Part II (bodies of which all members are disqualified) at the

appropriate place insert—

10

                                      “The Office of Rail Regulation.”, and

              (b)             in Part III (other disqualifying offices) omit the entry relating to the

Rail Regulator.

Channel Tunnel Rail Link Act 1996 (c. 61)

  22       In sections 21 and 22 of the Channel Tunnel Rail Link Act 1996—

15

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

“it”, and

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

Greater London Authority Act 1999 (c. 29)

  23       For section 228(1) of the Greater London Authority Act 1999 (the heading to

20

which becomes “PPP arbiter also Member of Office of Rail Regulation: duties

of staff”) substitute—

              “(1)                Subsections (2) and (3) shall apply while a member of the Office of

Rail Regulation holds the office of PPP arbiter.”

Financial Services and Markets Act 2000 (c. 8)

25

  24       In the table in Part I of Schedule 19 to the Financial Services and Markets Act

2000 (competition information) for the entry numbered 11 substitute—

 

“11

The Office of Rail Regulation.

Any function of that office under a

 
   

specified enactment.”

 

Schedule 3

30

Section 16

 

Abolition of Rail Regulator: Savings, &c.

  1        Section 16 shall not affect the validity of anything done by or in relation to

the Rail Regulator before commencement.

  2        Anything done by or in relation to the Rail Regulator which has effect at

commencement shall, so far as necessary for continuing its effect after

35

 

 

Railways and Transport Safety Bill
Schedule 4 — British Transport Police Authority
Part 1 — Membership

    62

 

commencement, have effect as if done by or in relation to the Office of Rail

Regulation.

  3        Anything (including any legal proceedings) which at commencement is in

the process of being done by or in relation to the Rail Regulator may be

continued by or in relation to the Office of Rail Regulation.

5

  4        A reference in any enactment, instrument or other document to the Rail

Regulator shall, so far as necessary or appropriate in consequence of section

16, be treated after commencement as a reference to the Office of Rail

Regulation.

  5       (1)      Section 16 is without prejudice to any personal right or liability of any

10

person who held the office of the Rail Regulator.

          (2)      In particular, the Secretary of State may continue to make payments in

accordance with arrangements made before commencement for or in respect

of a pension for a person who held the office of the Rail Regulator.

          (3)      The Secretary of State may pay compensation to the last person who held the

15

office of the Rail Regulator.

  6        Section 16 is without prejudice to any function, property, right or liability of

the International Rail Regulator.

  7        In this Schedule “commencement” means the coming into force of section 16.

Schedule 4

20

Section 18

 

British Transport Police Authority

Part 1

Membership

Appointment

  1       (1)      The Secretary of State—

25

              (a)             shall appoint the members of the Authority, and

              (b)             shall ensure that the number of members is an odd number neither

lower than 11 nor higher than 17.

          (2)      The Secretary of State may by order amend sub-paragraph (1)(b) so as to

substitute a different number for a number specified.

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          (3)      An order under sub-paragraph (2) may not be made unless the Secretary of

State has consulted the Authority.

  2       (1)      The Secretary of State shall so far as is reasonably practicable ensure that the

membership of the Authority includes—

              (a)             at least four persons who have knowledge of and experience in

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relation to the interests of persons travelling by railway,

              (b)             at least four persons who have knowledge of and experience in

relation to the interests of persons providing railway services,

              (c)             a person who has knowledge of and experience in relation to the

interests of employees of persons providing railways services,

40

 

 

Railways and Transport Safety Bill
Schedule 4 — British Transport Police Authority
Part 1 — Membership

    63

 

              (d)             a person nominated by the Strategic Rail Authority,

              (e)             a person who has knowledge of the interests of persons in Scotland

and who is appointed following consultation with the Scottish

Ministers,

              (f)             a person who has knowledge of the interests of persons in Wales and

5

who is appointed following consultation with the National

Assembly for Wales, and

              (g)             a person who has knowledge of the interests of persons in England.

          (2)      A person may be appointed so as to satisfy, or to contribute to satisfying,

more than one paragraph of sub-paragraph (1).

10

          (3)      But a person may not be appointed so as to—

              (a)             contribute to satisfying sub-paragraph (1)(b), and

              (b)             satisfy sub-paragraph (1)(c).

          (4)      In appointing members of the Authority the Secretary of State shall have

regard to the desirability of appointing persons who have experience of and

15

have shown capacity in relation to matters relevant to the policing of the

railways.

Tenure

  3       (1)      A member of the Authority shall hold and vacate office in accordance with

the terms of his appointment (subject to the provisions of this Schedule).

20

          (2)      A member of the Authority may resign by notice to the Secretary of State,

which must be—

              (a)             in writing, and

              (b)             copied to the Authority.

          (3)      The Secretary of State may dismiss a member of the Authority if—

25

              (a)             he is absent from meetings of the Authority during a period of more

than three months without permission of the Authority,

              (b)             he is convicted of an offence, or

              (c)             the Secretary of State thinks that the member is unable, unfit or

unwilling to perform his functions as a member (whether because of

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illness or otherwise).

Chairman and deputy chairman

  4       (1)      The Secretary of State shall appoint a member of the Authority as its

chairman.

          (2)      The chairman shall perform such functions as may be assigned to him by the

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Secretary of State.

  5       (1)      The Secretary of State may appoint a member of the Authority as its deputy

chairman.

          (2)      The deputy chairman—

              (a)             may act for the chairman when he is unable to act or unavailable, and

40

              (b)             shall perform such other functions as may be assigned or delegated

to him by the chairman.

  6        The Secretary of State may not appoint as chairman or deputy chairman of

the Authority a member who—

 

 

Railways and Transport Safety Bill
Schedule 4 — British Transport Police Authority
Part 2 — Proceedings

    64

 

              (a)             is an officer or employee of a body which is required to enter into a

police services agreement, or

              (b)             was nominated for membership by the Strategic Rail Authority.

Disqualification

  7       (1)      A person under the age of 21 shall not be eligible for appointment as a

5

member of the Authority.

          (2)      A person shall not be eligible for appointment as a member of the Authority

while he—

              (a)             is an officer or employee of the Authority,

              (b)             is a constable,

10

              (c)             is an officer or employee of a police authority within the meaning of

section 101 of the Police Act 1996 (c. 16) (interpretation), or

              (d)             is an officer or employee of a police authority within the meaning of

section 50 of the Police (Scotland) Act 1967 (c. 77) (interpretation).

          (3)      A person shall not be eligible for appointment as a member of the Authority

15

if he is the subject of—

              (a)             a bankruptcy restrictions order (or interim order),

              (b)             a disqualification order under the Company Directors

Disqualification Act 1986 (c. 46) or under Part II of the Companies

(Northern Ireland) Order 1989 (S.I. 1989/2404 (N.I. 18)), or

20

              (c)             an order under section 429(2)(b) of the Insolvency Act 1986 (c. 45)

(disability imposed on revoking administration order under County

Courts Act 1984).

          (4)      A person shall not be eligible for appointment as a member of the Authority

if his estate has been sequestrated in Scotland or if, under Scots law, he has

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

creditors.

          (5)      If a person is convicted of an offence for which he is sentenced to

imprisonment for a term of at least three months, he shall not be eligible for

appointment as a member of the Authority during the period of five years

30

beginning with the date of the conviction.

  8        If a member of the Authority becomes ineligible for appointment his

membership shall lapse.

Part 2

Proceedings

35

Standards of conduct

  9       (1)      The Authority shall make a code of practice establishing standards for the

conduct of members.

          (2)      The code of practice must make provision similar to that of the model code

issued by the Secretary of State under section 50 of the Local Government

40

Act 2000 (c. 22) (local government: conduct).

          (3)      Before making the code of practice the Authority shall—

              (a)             submit a draft to the Secretary of State, and

 

 

Railways and Transport Safety Bill
Schedule 4 — British Transport Police Authority
Part 3 — Money and property

    65

 

              (b)             obtain his approval of it.

Staff

  10       The Authority may—

              (a)             appoint staff;

              (b)             delegate a function to staff.

5

  11       In particular, the Authority shall appoint—

              (a)             a Treasurer with responsibility for ensuring the proper management

of the Authority’s finances, and

              (b)             a clerk with responsibilities, assigned by the Authority, similar to

those of the head of a local authority’s paid service under section 4 of

10

the Local Government and Housing Act 1989 (c. 42).

Committees

  12       The Authority may—

              (a)             establish a committee (which may include persons who are not

members of the Authority);

15

              (b)             delegate a function to a committee established under paragraph (a).

Procedure

  13       The Authority shall determine its practice and procedure (subject to the

provisions of this Schedule).

  14      (1)      The Authority shall conduct its proceedings in public.

20

          (2)      The Authority—

              (a)             may disapply sub-paragraph (1) in respect of proceedings which the

Authority thinks should be conducted in private, and

              (b)             may exclude a specified person from proceedings.

Validity of proceedings

25

  15       The validity of proceedings of the Authority shall not be affected by—

              (a)             a vacancy in the membership,

              (b)             a vacancy in the office of chairman,

              (c)             a defect in the appointment of a member, of the chairman or of the

deputy chairman, or

30

              (d)             the participation of a person whose membership has lapsed.

Part 3

Money and property

The British Transport Police Fund

  16       The Authority shall establish a fund to be known as the British Transport

35

Police Fund.

  17       The Authority shall—

              (a)             maintain accounts of the British Transport Police Fund, and

 

 

 
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