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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 5 — Aviation: Alcohol and Drugs

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 100   Crown application

     (1)    This Part shall apply to a function or activity performed or carried out in

relation to an aircraft which belongs to or is employed in the service of the

Crown.

     (2)    This section is subject to section 101.

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 101   Military application

     (1)    This Part shall not apply to a function or activity which is performed or carried

out by a member of Her Majesty’s air forces, military forces or naval forces,

within the meaning given by section 225(1) of the Army Act 1955 (c. 18), acting

in the course of his duties.

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     (2)           This Part shall not apply to a function or activity which is performed or carried

out by—

           (a)           a member of a visiting force, within the meaning which that expression

has in section 3 of the Visiting Forces Act 1952 (c. 67) by virtue of section

12(1) of that Act, acting in the course of his duties, or

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           (b)           a member of a civilian component of a visiting force, within that

meaning, acting in the course of his duties.

     (3)           This Part shall not apply to a function or activity which is performed or carried

out by a military or civilian member of a headquarters, within the meaning

given by paragraphs 1 and 2 of the Schedule to the International Headquarters

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and Defence Organisations Act 1964 (c. 5), acting in the course of his duties.

 102   Territorial application

     (1)    This Part applies in relation to—

           (a)           a function or activity performed or carried out in the United Kingdom,

and

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           (b)           a flight function performed or flight activity carried out on a United

Kingdom aircraft.

     (2)    In subsection (1)—

                    “flight function” means a function falling within section 94(1)(a) to (f),

                    “flight activity” means an activity which for the purposes of this Part is

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ancillary to a flight function, and

                    “United Kingdom aircraft” means an aircraft which is registered, in

accordance with an enactment about aircraft, in the United Kingdom.

     (3)    Her Majesty may by Order in Council direct that a provision of this Part shall

apply (with or without modification)—

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           (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 98 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.

 

 

Railways and Transport Safety Bill
Part 6 — Miscellaneous

    46

 

Part 6

Miscellaneous

 103   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

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

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

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Community obligations)).

     (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

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

Parliament.

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

 104   Office of Rail Regulation: general duties

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

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

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

 105   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)—

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       “43A                 Railway safety levy

           (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—

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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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Railways and Transport Safety Bill
Part 6 — Miscellaneous

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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

transport system to which section 117 of the Railways Act 1993

applies.”

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     (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”.

     (3)    In section 82 of that Act (general provisions)—

           (a)           in subsection (3)(b) after “which” insert “(unless subsection (4)

applies)”, and

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Railways and Transport Safety Bill
Part 6 — Miscellaneous

    48

 

           (b)           after subsection (3) insert—

                  “(4)                    The first regulations under section 43A(1) shall not be made

unless a draft has been laid before and approved by resolution

of each House of Parliament.”

 106   Railway security services

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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

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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

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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

    49

 

                  (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.”

 107   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.

 108   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,”.

 109   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.”

 110   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

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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

    50

 

           (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

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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.

 111   Maritime security services

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

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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

    51

 

                  (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—

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                  (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,

 

 

 
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