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Railways and Transport Safety Bill


56

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

 

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

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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

    57

 

              (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

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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—

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              (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)

    58

 

  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

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  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”,

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              (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)

    59

 
 

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

 

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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

 

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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

 

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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

 
 

 

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

    60

 
 

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

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              (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

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              (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

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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”.

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  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

    61

 

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—

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              (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

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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),

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              (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),

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              (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.

    62

 

                    (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—

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                                      “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—

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              (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

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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)

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  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

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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

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