Transport Act 2000 (c. 38)

(The document as of February, 2008)

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(1) Information obtained by--

(a) any Minister of the Crown or government department,

(b) the National Assembly for Wales, or

may be disclosed to the charging authority or licensing authority, or any of the charging authorities or licensing authorities, in relation to a charging scheme or licensing scheme under this Part for or in connection with the exercise of any of their functions with respect to the charging scheme or licensing scheme.

(2) Information obtained by the charging authority or licensing authority, or any of the charging authorities or licensing authorities, in relation to a charging scheme or licensing scheme under this Part for or in connection with any of their functions other than their functions with respect to the charging scheme or licensing scheme may be used by them for or in connection with the exercise of any of their functions with respect to the charging scheme or licensing scheme.

(3) Any information--

(a) which has been or could be disclosed to an authority under subsection (1) for or in connection with the exercise of any of their functions with respect to the charging scheme or licensing scheme, or

(b) which has been or could be used by an authority by virtue of subsection (2) for or in connection with the exercise of any of those functions,

may be disclosed to any person with whom the authority has entered into arrangements under section 192(b).

(4) Information disclosed to a person under subsection (3)--

(a) may be disclosed to any other person for or in connection with the charging scheme or licensing scheme, but

(b) may not be used (by him or any other person to whom it is disclosed under paragraph (a)) otherwise than for or in connection with the charging scheme or licensing scheme.

195 Determination of disputes, appeals and evidence

(1) The Lord Chancellor may by regulations make provision for or in connection with--

(a) appeals against decisions relating to licences under licensing schemes under this Part or any failure to make such a decision,

(b) the determination of disputes relating to charging schemes or licensing schemes under this Part,

(d) the appointment of persons to hear any such appeals.

(2) The Lord Chancellor may by regulations make provision for or in connection with permitting evidence of a fact relevant to proceedings for an offence under this Part, or proceedings in respect of a failure to comply with the provisions of a charging scheme or licensing scheme under this Part, to be given by the production of--

(a) a record produced by a device specified in, or determined in accordance with, the regulations, and

(b) a certificate (whether in the same or another document) as to the circumstances in which the record was produced signed by a person so specified or determined.

196 Crown application

(1) Chapter I applies in relation to Crown roads (within the meaning of section 131 of the [1984 c. 27.] Road Traffic Regulation Act 1984) as in relation to other roads.

(2) The provisions of this Part and of regulations and schemes under it bind the Crown.

(3) No contravention by the Crown of any of those provisions makes the Crown criminally liable; but--

(a) the High Court may, on the application of a charging authority, declare unlawful any act or omission of the Crown which constitutes such a contravention, and

(b) (subject to subsection (4)) those provisions apply to motor vehicles or persons in the public service of the Crown as they apply to other motor vehicles or persons.

(4) No power of entry conferred by--

(a) regulations made under section 174(2), or

(b) section 190(1) or (2),

is exercisable in relation to any motor vehicle in the public service of the Crown or any premises held or used by or on behalf of the Crown.

(5) Nothing in this section affects Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the [1947 c. 44.] Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

197 Part III: regulations and orders

(1) Any power to make regulations under this Part--

(a) is exercisable by statutory instrument,

(b) includes power to make different provision for different cases, and

(2) The power to make an order making, varying or revoking a trunk road charging scheme is exercisable by statutory instrument.

(3) Regulations under paragraph 9(1) or 13(2) or (5) of Schedule 12 shall not be made without the consent of the Treasury.

(4) Regulations shall not be made by the Secretary of State under--

(a) section 182(5), or

(b) paragraph 9(1) or 13(2) or (5) of Schedule 12,

unless a draft of the regulations has been laid before, and approved by a resolution of, the House of Commons.

(5) A statutory instrument containing regulations made by the Secretary of State or the Lord Chancellor under any other provision of this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) The references in subsections (4) and (5) to regulations made by the Secretary of State include regulations made by him jointly with the National Assembly for Wales.

198 Interpretation of Part III

(1) In this Part--

"the appropriate national authority" means--
(a)
the Secretary of State in relation to charging schemes and licensing schemes relating only to England,
(b)
the National Assembly for Wales in relation to charging schemes and licensing relating only to Wales, and
(c)
the Secretary of State and the National Assembly for Wales, acting jointly, in relation to charging schemes and licensing schemes relating to both England and Wales,
"bridge" means a bridge or viaduct and includes the abutments of a bridge,
"charging authority" and "charging authorities" have the meanings given by section 163(5),
"charging scheme" has the meaning given by section 163(1),
"charging scheme penalty charges" shall be construed in accordance with section 173(1),
"exempt vehicle", in relation to a licensing scheme, means a motor vehicle exempt from licensing under the scheme by virtue of regulations under subsection (1) of section 187 or provision included in the scheme by virtue of subsection (2) of that section,
"financial year" means a period of twelve months ending with 31st March,
"joint local charging scheme" shall be construed in accordance with section 163(3)(b),
"joint local licensing scheme" shall be construed in accordance with section 178(5)(b),
"joint local-London charging scheme" shall be construed in accordance with section 163(3)(c),
"joint local-London licensing scheme" shall be construed in accordance with section 178(5)(c),
"licence" shall be construed in accordance with section 178(3),
"licensed unit" has the meaning given by section 178(4),
"licensing area" shall be construed in accordance with section 186(1)(a),
"licensing authority" and "licensing authorities" have the meanings given by section 178(6),
"licensing scheme" has the meaning given by section 178(1),
"licensing scheme penalty charges" shall be construed in accordance with section 189(1),
"local charging scheme" shall be construed in accordance with section 163(3)(a),
"local licensing scheme" shall be construed in accordance with section 178(5)(a),
"local traffic authority" has the same meaning as in the [1984 c. 27.] Road Traffic Regulation Act 1984,
"London traffic authority" means Transport for London, a London borough council or the Common Council of the City of London,
"motor vehicle" has the meaning given in section 185(1) of the [1988 c. 52.] Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) shall apply as it applies for the purposes of the Road Traffic Acts,
"non-metropolitan local traffic authority" shall be construed in accordance with section 163(4),
"operation" includes enforcement (related expressions being construed accordingly),
"registered keeper", in relation to a charge imposed in respect of motor vehicle, means the person in whose name the vehicle was registered under the [1994 c. 22.] Vehicle Excise and Registration Act 1994 at the time of the act, omission, event or circumstances in respect of which the charge is imposed,
"road" has the same meaning as in the [1984 c. 27.] Road Traffic Regulation Act 1984,
"trunk road charging scheme" shall be construed in accordance with section 163(3)(d), and
"workplace parking place" shall be construed in accordance with section 182.

(2) Any reference in this Part to an authority's local transport plan shall, where the authority is the council of a metropolitan district, be construed as a reference to the local transport plan made jointly by the Passenger Transport Authority for the passenger transport area in which the district is included and the councils for the metropolitan districts comprised in that area.

(3) Any reference in this Part to a class of motor vehicles is a reference to a class defined or described, by reference to any characteristics of the motor vehicles or to any other circumstances whatsoever, in regulations made by the appropriate national authority.

199 Amendments of Greater London Authority Act

Schedule 13 contains amendments of Schedules 23 and 24 to the [1999 c. 29.] Greater London Authority Act 1999 in consequence of the provisions of this Part and minor amendments of those Schedules.

200 Exemption from local non-domestic rating

In Schedule 5 to the [1988 c. 41.] Local Government Finance Act 1988 (local non-domestic rating: exemptions), after paragraph 18A insert--

" Property used for road user charging schemes

18B (1) A hereditament which is occupied (as mentioned in section 65 of this Act) is exempt to the extent that--

(a) it consists of a road in respect of which charges are imposed by a charging scheme under Schedule 23 to the [1999 c. 29.] Greater London Authority Act 1999 or Part III of the Transport Act 2000, or

(b) it is used solely for or in connection with the operation of such a scheme.

(2) But office buildings are not exempt under sub-paragraph (1)(b) above. "

Part IV Railways

Chapter I The Strategic Rail Authority

The Authority

201 The Authority

(1) There shall be a body corporate known as the Strategic Rail Authority (but in this Part referred to as "the Authority").

(2) The Authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and its property shall not be regarded as property of, or held on behalf of, the Crown.

202 Membership and chairing

(1) The Authority shall consist of--

(a) a member who is to chair it, and

(b) not fewer than seven, nor more than fourteen, other members.

(2) But the Secretary of State may by order alter either or both of the numbers for the time being specified in subsection (1); and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Both the member who is to chair the Authority and the other members shall be appointed by the Secretary of State; but the other members shall include--

(a) one person appointed by him after consultation with the Scottish Ministers, and

(b) one person appointed by him after consultation with the National Assembly for Wales.

(4) In making any appointment to membership of the Authority the Secretary of State shall have regard to the desirability of appointing a person who has experience of, and has shown capacity in, some matter relevant to the functions of the Authority.

(5) In making an appointment to membership after consultation with the Scottish Ministers or the National Assembly for Wales the Secretary of State shall also have regard to the desirability of appointing a person who is familiar with the special requirements and circumstances of Scotland, or of Wales.

(6) The Secretary of State shall consult the member appointed to chair the Authority before appointing any other person to membership of the Authority.

203 Other senior appointments

(1) The Secretary of State may, after consulting the member appointed to chair the Authority, appoint another of its members to act as deputy to that member.

(2) The Authority shall, with the approval of the Secretary of State, appoint a chief executive of the Authority.

(3) A person appointed as chief executive of the Authority shall (if not already a member of the Authority) be appointed as a member.

204 Further provisions

Schedule 14 contains further provisions about the Authority.

Purposes, strategies and exercise of functions

205 Purposes

The purposes of the Authority are--

(a) to promote the use of the railway network for the carriage of passengers and goods,

(b) to secure the development of the railway network, and

206 Strategies

(1) The Authority shall formulate, and keep under review, strategies with respect to its purposes.

(2) The Authority shall consult--

(a) the Scottish Ministers,

(b) the National Assembly for Wales,

(d) such other persons as the Authority thinks fit,

before formulating a strategy and from time to time as part of keeping its strategies under review.

(3) The Secretary of State may give the Authority directions and guidance in relation to its strategies, in particular in relation to--

(a) the matters to be covered by them,

(b) the issues to be taken into account in formulating them,

(d) the updating of them.

(4) The strategies formulated by the Authority shall include one relating to services in various parts of Great Britain for facilitating the carriage of passengers or goods by rail by way of the Channel Tunnel.

(5) The Authority shall publish its strategies in such manner as it considers appropriate.

207 Manner of exercise of functions

(1) The Authority shall exercise its functions with a view to furthering its purposes and shall do so in accordance with any such strategies as it has formulated with respect to them (except when exercising the function of reviewing those strategies).

(2) In exercising its functions in accordance with subsection (1) the Authority shall act in the way best calculated--

(a) to protect the interests of users of railway services,

(b) to contribute to the achievement of sustainable development,

(d) to promote measures designed to facilitate the making by passengers of journeys which involve the use of the services of more than one passenger service operator (including, in particular, arrangements for the issue and use of through tickets),

(e) to impose on the operators of railway services the minimum restrictions which are consistent with the performance of the Authority's functions, and

(f) to enable persons providing railway services to plan the future of their businesses with a reasonable degree of assurance.

(3) In exercising its functions in accordance with subsections (1) and (2) the Authority shall have regard to--

(a) the need to protect all persons from dangers arising from the operation of railways (including, in particular, by taking into account any advice given by the Health and Safety Executive),

(b) the interests of persons who are disabled, and

(4) The Authority shall secure that any grants or other payments or loans made by it, any guarantees given by it and any investment in bodies corporate by it are such as it reasonably considers will further its purposes (in accordance with any strategies which it has formulated) efficiently and economically.

(5) Subject to subsection (4), the Secretary of State may give the Authority--

(a) directions and guidance as to the manner in which it is to exercise any of its functions in order to comply with subsections (1) to (3), and

(b) directions not to exercise any of its functions in a particular manner (or not to do so without consulting, or obtaining the consent of, the Secretary of State).

208 Directions, guidance and advice by Scottish Ministers

(1) The Scottish Ministers may give the Authority--

(a) directions and guidance in relation to services for the carriage of passengers by rail which start and end in Scotland and are provided under a franchise agreement,

(b) directions and guidance in relation to services for the carriage of passengers by rail which either start or end in Scotland, include sleeping facilities and are provided under a franchise agreement by a person who also provides services within paragraph (a), and

(c) advice in relation to services for the carriage of passengers by rail which either start or end in Scotland and are provided under a franchise agreement (other than services within paragraph (b)).

(2) The Authority shall not comply with any direction or have regard to any guidance given under subsection (1) to the extent that to do so would be inconsistent with any direction or guidance given under section 206(3) or 207(5) or with the Authority's financial framework.

(3) The Authority need not comply with any direction or have regard to any guidance given under paragraph (b) of subsection (1) to the extent that to do so--

(a) would require the expenditure by the Authority of any money not provided to it out of the Scottish Consolidated Fund, or

(b) would adversely affect any railway services other than those mentioned in that subsection.

209 Directions, guidance and advice: supplementary

(1) Any direction or guidance to the Authority under this Act, or any advice given under section 208(1)(c), shall be published by the person by whom it is given in such manner as he considers appropriate.

(2) The Authority shall comply with any direction given to it under this Act (but subject to section 208(2) and (3)).

(3) In exercising its functions the Authority shall have regard to any guidance given to it under this Act (but subject to section 208(2) and (3)).

(4) The Authority--

(a) shall take note of any advice given under section 208(1)(c), and

(b) in exercising its functions, may have regard to that advice (but subject to subsections (2) and (3)).

(5) Any power to give a direction or guidance to the Authority under this Act includes power to vary or revoke the direction or guidance.

210 Validity of transactions

(1) A transaction entered into by the Authority is not invalidated merely by reason of a contravention by the Authority of a requirement imposed by section 207(1), (2), (3) or (4) or 209(2), (3) or (4)(a).

(2) Subsection (1) applies whether or not any person who entered into the transaction with the Authority enquired whether the Authority was acting in contravention of such a requirement.

Securing provision of railway services and assets etc.

211 Financial assistance etc

(1) The Authority may enter into agreements or other arrangements--

(a) for the purpose of securing the provision, improvement or development by others of any railway services or railway assets, or

(b) for any other purpose relating to any railway or railway services.

(2) Agreements or other arrangements entered into under this section may provide for the Authority--

(a) to make grants or other payments or loans,

(b) to give guarantees, or

on such terms and subject to any such conditions as the Authority considers appropriate.

(3) The Authority shall not enter into agreements or other arrangements under this section with--

(a) the franchise operator,

(b) the franchisee, or

in respect of any services provided under a franchise agreement otherwise than in accordance with the provisions of the franchise agreement.

(4) The Authority shall not enter into agreements or other arrangements under this section for the purpose of securing the provision, improvement or development in Scotland of--

(a) services for the carriage of goods by railway, or

(b) facilities for or in connection with the carriage of goods by railway or the loading or unloading of goods carried or intended to be carried by railway,

if the Scottish Ministers have power to do so under section 249.

(5) Schedule 15 contains provision for the transfer to the Authority of certain property, rights and liabilities of the Secretary of State in consequence of sections 137 and 139 of the [1993 c. 43.] Railways Act 1993 being superseded by this section.

(6) In this section--

"facilities" includes track, rolling stock, depots, access roads and equipment for use in connection with the carriage, loading or unloading of goods, and
"railway" has its wider meaning.

212 Securing of services by franchising

(1) In section 23 of the [1993 c. 43.] Railways Act 1993, in subsection (1) (duty of Authority to designate passenger services as eligible for provision under franchise agreements), for the words after "designate" substitute "such services for the carriage of passengers by railway (other than services which are, by virtue of section 24 below, exempt from designation under this subsection) as it considers ought to be provided under franchise agreements."

(2) In that section, after subsection (2) insert--

" (2A) A designation may be varied or revoked; but a variation or revocation of the designation of particular services, or services of a class or description, shall not affect any franchise agreement previously entered into with respect to those services or services of that class or description.

(2B) The Authority shall publish designations, and any variations or revocations of designations, in such manner as it considers appropriate. "

(3) In section 26 of that Act (invitations to tender for franchise), after subsection (3) insert--

" (4) The directions which may be given under subsection (1) above (at any time when the Secretary of State considers it inappropriate that the person who is to be the franchisee under a franchise agreement should be selected after an invitation to tender) include--

(a) a direction that that person is to be the person specified in the direction, and

(b) a direction requiring the Authority to select that person in such manner as is so specified,

(as well as a direction authorising the Authority to select that person in such other manner as it may consider appropriate).

(5) The Secretary of State shall prepare and publish a statement of policy with respect to directions under subsection (1) above.

(6) The statement shall (in particular) contain the Secretary of State's policy about--

(a) when he will consider giving a direction (including, in particular, when he will consider doing so in relation to a franchise agreement which is to replace an earlier franchise agreement before the end of its franchise term); and

(b) the sorts of direction which he will consider giving in particular circumstances.

(7) In deciding whether to give a direction, and (if so) what direction to give, the Secretary of State shall have regard to the statement of policy.

(8) The Secretary of State--

(a) may at any time alter or replace a statement of policy; and

(b) shall publish the altered or replacement statement.

(9) The Secretary of State shall undertake appropriate consultation when preparing, altering or replacing a statement of policy.

(10) When a statement of policy is prepared, altered or replaced, a copy of the statement shall be laid before each House of Parliament. "

(4) After that section insert--

" 26A No tenders for franchise

(1) The Authority shall give notice to the Secretary of State if it has--

(a) issued an invitation to tender for the provision of any services under section 26 above (otherwise than in compliance with a direction under section 26B(3)(b) below); but

(b) received no tenders in response to the invitation.

(2) On receipt of the notice under subsection (1) above the Secretary of State shall (after considering the matter) give to the Authority--

(a) a direction to issue new invitations to tender for the provision of the services under section 26 above, or

(b) a direction not to seek to secure the provision of the services under a franchise agreement,

as he considers appropriate.

(3) The Secretary of State may at any time--

(a) revoke a direction under subsection (2)(b) above; and

(b) instead direct the Authority to issue new invitations to tender for the provision of the services under section 26 above.

26B No adequate tenders for franchise

(1) The Authority shall give notice under subsection (2) below if--

(a) it has issued an invitation to tender for the provision of any services under section 26 above (otherwise than in compliance with a direction under subsection (3)(b) below); but

(b) although it has received a tender or tenders in response to the invitation, it considers that the services would be provided more economically and efficiently than under a franchise agreement entered into pursuant to the tender or any of the tenders if the Authority provided them or secured their provision otherwise than under a franchise agreement.

(2) The notice shall be given to--

(a) the Secretary of State; and

(b) the person, or each of the persons, who submitted a tender.

(3) On receipt of the notice under paragraph (a) of subsection (2) above the Secretary of State shall (after considering the matter and any representations duly made in response to a notice under paragraph (b) of that subsection and not withdrawn) give to the Authority--

(a) a direction to reconsider the tender or tenders with a view to selecting a franchisee, or

(b) a direction to issue new invitations to tender for the provision of the services under section 26 above,

as he considers appropriate.

(4) The Authority shall give notice under subsection (5) below if it has issued an invitation to tender for the provision of any services under section 26 above in compliance with a direction under subsection (3)(b) above but either--

(a) it has received no tenders in response to the invitation; or

(5) The notice shall be given to--

(a) the Secretary of State; and

(b) if the Authority received a tender or tenders, the person, or each of the persons, who submitted a tender.

(6) In a case where the Authority has received no tenders, on receipt of the notice under subsection (5)(a) above the Secretary of State shall give to the Authority a direction not to seek to secure the provision of the services under a franchise agreement.

(7) In a case where the Authority has received a tender or tenders, on receipt of the notice under paragraph (a) of subsection (5) above the Secretary of State shall (after considering the matter and any representations duly made in response to a notice under paragraph (b) of that subsection and not withdrawn) give to the Authority--

(a) a direction to reconsider the tender or tenders with a view to selecting a franchisee, or

(b) a direction not to seek to secure the provision of the services under a franchise agreement,

as he considers appropriate.

(8) Any notice under subsection (2)(b) or (5)(b) above shall specify a period (not being less than 28 days from the date of the service of the notice) within which representations may be made to the Secretary of State.

(9) The Secretary of State may at any time--

(a) revoke a direction under subsection (6) or (7)(b) above; and

(b) instead direct the Authority to issue new invitations to tender for the provision of the services under section 26 above.

26C Review of directions

(1) If the Secretary of State gives a direction under section 26B(3) or (7) above, he shall give notice to the person or persons who submitted the tender or tenders that he has done so.

(2) An application for the review of a decision of the Secretary of State to give a direction under section 26B(3) or (7) above may be made to the court by any person who submitted a tender within 42 days from the date of service on him of the notice under subsection (1) above.

(3) Except as provided by subsection (2) above, a direction under section 26A or 26B above shall not be questioned by any legal proceedings whatever.

(4) In subsection (2) above "the court" means--

(a) the High Court in relation to England and Wales; and

(b) the Court of Session in relation to Scotland. "

(5) For section 30 of that Act substitute--

" 30 Duty of Authority in absence of franchise

(1) The Authority shall provide, or secure the provision of, services for the carriage of passengers by railway where--

(a) a direction not to seek to secure the provision of the services under a franchise agreement has been given to the Authority under section 26A or 26B above (and not revoked); or

(b) a franchise agreement in respect of the services is terminated or otherwise comes to an end but no further franchise agreement has been entered into in respect of the services (otherwise than because of such a direction).

(2) The duty in subsection (1) above in relation to any services ceases if the services begin (or again begin) to be provided under a franchise agreement.

(3) Subsection (1) above does not--

(a) require the Authority to provide or secure the provision of services if and to the extent that, in its opinion, adequate alternative railway passenger services are available;

(b) preclude it from giving notice under subsection (5) of section 38 below in relation to any of the services, in which case its duty under this section to secure the provision of the services to which the notice relates will (subject to subsections (5) and (6) of that section) terminate on the day specified in the notice in pursuance of paragraph (b) of that subsection; or

(c) preclude it from ceasing to provide or secure the provision of any of the services in any case falling within any of paragraphs (a) to (d) of subsection (2) of that section. "

(6) In section 18 of that Act (access agreements: contracts requiring approval of Regulator), after subsection (6) insert--

" (6A) The grounds on which the Regulator may reject, or approve subject to modifications, a proposed access contract submitted to him pursuant to subsection (5) above include that he considers that the use of the facility for which it provides might impede the provision of services--

(a) under a franchise agreement; or

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