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Railways and Transport Safety Bill


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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 112   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

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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—

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           (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,

 

 

Railways and Transport Safety Bill
Part 7 — General

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           (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.

 113   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

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 114   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

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                  (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.

 115   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.

 116   Repeals

The enactments listed in Schedule 7 are hereby repealed to the extent specified.

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 117   Money

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

out of money provided by Parliament.

 118   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 104 (and the relevant entry in Schedule 7) shall come into force on the

passing of this Act.

     (6)    Section 105 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 110 (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 112 (and the relevant entry in Schedule 7) shall come into force on the

passing of this Act.

 119   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

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

           (c)           section 77 (in relation to Part 3),

           (d)           section 91 (in relation to Part 4),

           (e)           section 102 (in relation to Part 5), and

           (f)           sections 103(6), 107(2) and 110(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 107.

 120   Short title

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

 

 

 
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