Transport Act 2000 (c. 38)

(The document as of February, 2008)

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(2) Sub-paragraph (1) shall only apply to a person not present at a meeting if the person was aware that the matter would be brought up for consideration at the meeting.

(3) For the purposes of sub-paragraph (1), a general notification given at a meeting of the Authority to the effect that a person--

(a) has an interest in a specified company, firm or other organisation, and

(b) is to be regarded as interested in any matter involving that company, firm or other organisation,

shall be regarded as a sufficient disclosure of the interest in relation to any such matter.

(4) A person need not attend in person at a meeting in order to make a disclosure required under this paragraph if reasonable steps are taken to secure that the disclosure is made by a notice which is read and considered at the meeting.

(5) The Secretary of State may remove a disability under this paragraph subject to appropriate conditions.

(6) The power of the Secretary of State under sub-paragraph (5) includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any person, or persons of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Secretary of State.

(7) Nothing in this paragraph precludes any person from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the power conferred by sub-paragraph (5).

Vacancies and defective appointments

22 The validity of any proceedings of the Authority, or of a committee or sub-committee, shall not be affected by a vacancy amongst the members or by a defect in the appointment of a member.

Minutes

23 (1) Minutes shall be kept of proceedings of the Authority and of committees and sub-committees.

(2) Minutes of any such proceedings shall be evidence of those proceedings if they are signed by a person purporting to have chaired the proceedings to which the minutes relate or of any subsequent proceedings in the course of which the minutes were approved as a correct record.

(3) Where minutes of any such proceedings have been signed as mentioned in sub-paragraph (2), those proceedings shall, unless the contrary is shown, be deemed to have been validly convened and constituted.

Execution and proof of instruments

24 (1) The application of the seal of the Authority shall be authenticated by the signature of any member or employee of the Authority who has been authorised for the purpose, whether generally or specially, by the Authority.

(2) Any document which the Authority is authorised or required by or under any enactment to serve, make or issue may be signed on behalf of the Authority by any member or employee of the Authority who has been authorised for the purpose, whether generally or specially, by the Authority.

(3) Every document purporting to be an instrument made or issued by or on behalf of the Authority and to be duly executed under the seal of the Authority, or to be signed or executed by a person authorised by the Authority for the purpose, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

(4) In sub-paragraph (1) the reference to the signature of a person includes a reference to a facsimile of a signature reproduced by any process; and "signed" in sub-paragraphs (2) and (3) shall be construed accordingly.

Part V Consequential amendments

Documentary Evidence Act 1868 (c. 37)

25 The Documentary Evidence Act 1868 shall have effect as if--

(a) the Authority were mentioned in the first column of the Schedule to that Act,

(b) any member or employee of the Authority authorised to act on behalf of the Authority were specified in the second column of that Schedule in connection with the Authority, and

Public Records Act 1958 (c. 51)

26 In the First Schedule to the Public Records Act 1958 (definition of public records), in Part I of the Table at the end of paragraph 3, in the second column, after "Civil Aviation Authority." insert--

" Strategic Rail Authority.

Parliamentary Commissioner Act 1967 (c. 13)

In Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), insert (at the appropriate place in alphabetical order)--

" Strategic Rail Authority. "

House of Commons Disqualification Act 1975 (c. 24)

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)--

" The Strategic Rail Authority. "

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)--

" The Strategic Rail Authority. "

Freedom of Information Act 2000 (c. 36)

In Part VI of Schedule 1 to the Freedom of Information Act 2000 (public authorities), insert (at the appropriate place in alphabetical order)--

" The Strategic Rail Authority. "

Section 211.

SCHEDULE 15 Financial assistance: transfers to SRA

Transfer schemes

1 (1) The Secretary of State may make one or more schemes for the transfer to the Authority of such of the property, rights and liabilities of the Secretary of State (including any rights and liabilities relating to persons employed in the civil service of the state) as the Secretary of State considers appropriate in consequence of sections 137 and 139 of the [1993 c. 43.] Railways Act 1993 being superseded by section 211 of this Act.

(2) In this Schedule "transfer scheme" means a scheme under this paragraph.

Contents of transfer scheme

2 (1) The property, rights and liabilities which may be transferred by a transfer scheme include property, rights and liabilities that would not otherwise be capable of being transferred or assigned.

(2) The transfers authorised by sub-paragraph (1) include transfers which are to take effect as if there were no such contravention, liability or interference with any interest or right as there would otherwise be by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

3 A transfer scheme may define the property, rights and liabilities to be transferred to the Authority by specifying them or describing them or by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the Secretary of State (or partly in one way and partly in the other).

4 A transfer scheme may also contain provision--

(a) for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the Secretary of State,

(b) for the creation in favour of the Authority of an interest in or right over, property retained by the Secretary of State,

(d) for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against the Authority.

5 A transfer scheme may make such supplementary, incidental and consequential provision as the Secretary of State considers appropriate.

Effect of transfer scheme

6 On the date appointed by a transfer scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this paragraph, be transferred in accordance with the provisions of the scheme.

7 Nothing in this Schedule affects the validity of anything done by or in relation to the Secretary of State in connection with anything transferred by a transfer scheme.

8 There may be continued by or in relation to the Authority anything (including legal proceedings) relating to anything transferred by a transfer scheme which is in the process of being done by or in relation to the Secretary of State immediately before it is transferred.

9 Anything done by the Secretary of State for the purpose of or in connection with anything transferred by a transfer scheme which is in effect immediately before it is transferred shall be treated as if done by the Authority.

10 The Authority shall be substituted for the Secretary of State in documents and legal proceedings relating to anything transferred by a transfer scheme.

Transfer of employees

11 (1) This paragraph applies where a person employed in the civil service of the state becomes an employee of the Authority under a transfer scheme.

(2) For the purposes of the [1996 c. 18.] Employment Rights Act 1996--

(a) his period of employment in the civil service of the state counts as a period of employment with the Authority, and

(b) the change of employment does not break the continuity of the period of employment.

Modification of transfer scheme

12 (1) If at any time after a transfer scheme has come into force the Secretary of State considers it appropriate to do so, he may by order provide that the scheme shall for all purposes be deemed to have come into force with such modifications, other than modifications relating to the transfer of rights and liabilities under a contract of employment, as may be specified in the order.

(2) An order under sub-paragraph (1) may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme, and in connection with giving effect to that provision from that time may contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

(3) An order under sub-paragraph (1) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Consultation

13 Before making a transfer scheme, or an order modifying such a scheme, the Secretary of State shall consult the Authority.

Section 215.

SCHEDULE 16 Transfer to SRA of Franchising Director's functions

Transport Act 1968 (c. 73)

1 (1) Section 56 of the Transport Act 1968 (Ministerial grants and local authority payments towards capital expenditure incurred in provision, improvement or development of facilities for public passenger transport) is amended as follows.

(2) In subsection (2A), for "Franchising Director under which the Franchising Director undertakes to exercise franchising functions of his" substitute "Strategic Rail Authority under which the Authority undertakes to exercise any of its franchising functions".

(3) In subsection (2B)--

(a) omit the definition of "the Franchising Director", and

(b) in the definition of "franchising functions", for "Franchising Director" substitute "Strategic Rail Authority" and for "him" substitute "it".

Insolvency Act 1986 (c. 45)

2 Sections 11 to 23 and 27 of the Insolvency Act 1986, as they apply by virtue of Schedule 6 to the [1993 c. 43.] Railways Act 1993 (with the modifications specified in that Schedule) where a railway administration order has been made, have effect subject to the following amendments.

3 In section 13(3) (appointment of administrator), as it has effect as substituted by paragraph 3 of Schedule 6, for "Director of Passenger Rail Franchising" substitute "Strategic Rail Authority".

4 (1) Section 18 (discharge and variation of administration order), as it has effect as provided by paragraph 7 of Schedule 6, is amended as follows.

(2) In subsection (1), as substituted by sub-paragraph (2) of paragraph 7, for "Director of Passenger Rail Franchising" substitute "Strategic Rail Authority".

(3) In subsection (4), in the words substituted by paragraphs (a) and (b) of sub-paragraph (4) of paragraph 7, for "Director of Passenger Rail Franchising" substitute "Strategic Rail Authority".

5 In section 21(1) (notice of order to be given by administrator), as it has effect as provided by paragraph 8 of Schedule 6, in the words substituted by paragraphs (a) and (b) of that paragraph, for "Director of Passenger Rail Franchising" substitute "Strategic Rail Authority".

6 In section 23 (statement of proposals), as it has effect as provided by paragraph 9 of Schedule 6, in subsections (1) and (2A) as substituted by that paragraph, for "Director of Passenger Rail Franchising" substitute "Strategic Rail Authority".

7 In section 27 (protection of interests of creditors and members), as it has effect as provided by paragraph 10 of Schedule 6, in--

(a) subsection (1A), as inserted by sub-paragraph (2) of that paragraph, and

(b) subsection (6) as substituted by sub-paragraph (5) of that paragraph,

for "Director of Passenger Rail Franchising" substitute "Strategic Rail Authority".

Railways Act 1993 (c. 43)

8 The [1993 c. 43.] Railways Act 1993 has effect subject to the following amendments.

9 In section 4(5)(c) (Regulator to have regard to financial position of Franchising Director in discharging his functions), for "Franchising Director in discharging his" substitute "Authority in discharging its".

10 In section 8(8) (duty to consult Franchising Director before making regulations about licence applications), for "Franchising Director" substitute "Authority".

11 (1) Section 17 (access agreements: directions requiring facility owners to enter into contracts for use of their railway facilities) is amended as follows.

(2) In subsection (3), for "Franchising Director" (in each place) substitute "Authority".

(3) In subsection (4)--

(a) for "Franchising Director" (in both places) substitute "Authority", and

(b) for "him" (in both places) substitute "the Authority".

12 In section 18 (access agreements: contracts requiring approval of Regulator), in subsection (4), for "Franchising Director" (in each place) substitute "Authority".

13 (1) Section 19 (access agreements: contracts for use, on behalf of the Franchising Director, of installations comprised in network) is amended as follows.

(2) In subsections (1) and (4), and in the sidenote, for "Franchising Director" substitute "Authority".

(3) In subsection (7)--

(a) for "Franchising Director" (in both places) substitute "Authority", and

(b) for "him" (in both places) substitute "the Authority".

14 (1) Section 23 (passenger services to be subject to franchise agreements) is amended as follows.

(2) In subsection (1), for "Franchising Director" substitute "Authority".

(3) In subsection (2)--

(a) for "Franchising Director" substitute "Authority", and

(b) for "his" substitute "its".

(4) In subsection (3), in the definition of "franchise agreement", for "Franchising Director" substitute "Authority".

15 In section 24(3) (duty of Secretary of State to consult Franchising Director about exemptions from designation as franchise services), for "Franchising Director" substitute "Authority".

16 (1) Section 26 (invitations to tender for franchises) is amended as follows.

(2) In subsection (1), for "Franchising Director" substitute "Authority".

(3) In subsections (2) and (3)--

(a) for "Franchising Director" substitute "Authority", and

(b) for "he" substitute "it".

17 (1) Section 27 (transfer of franchise assets and shares) is amended as follows.

(2) In subsections (1) and (2)--

(a) for "Franchising Director" substitute "Authority", and

(b) for "himself" substitute "itself".

(3) In subsections (3), (4) and (8), for "Franchising Director" substitute "Authority".

(4) In subsection (9)--

(a) for "Franchising Director" substitute "Authority",

(b) for "his" substitute "its", and

(5) In subsection (10)--

(a) for "Franchising Director" (in each place) substitute "Authority", and

(b) for "he" substitute "it".

18 (1) Section 28 (fares and approved discount fare schemes) is amended as follows.

(2) In subsection (2)--

(a) for "Franchising Director" substitute "Authority",

(b) for "he" (in both places) substitute "it", and

(3) In subsection (4), for "Franchising Director" substitute "Authority".

19 In section 29 (other terms and conditions of franchise agreements), in subsection (1) (in both places) and in subsection (5), for "Franchising Director" substitute "Authority".

20 (1) Section 34 (Passenger Transport Authorities and Executives: franchising) is amended as follows.

(2) In subsection (4)--

(a) for "Franchising Director" substitute "Authority", and

(b) for "him" substitute "the Authority".

(3) In subsection (5)--

(a) for "Franchising Director" substitute "Authority",

(b) for "his" (in both places) substitute "the Authority's," and

(4) In subsection (6) and in subsection (7) (in both places), for "Franchising Director" substitute "Authority".

(5) In subsection (8)--

(a) for "Franchising Director" (in both places) substitute "Authority", and

(b) for "he" substitute "the Authority".

(6) In subsections (10) and (12) and in subsection (13) (in both places), for "Franchising Director" substitute "Authority".

(7) In subsection (14)--

(a) for "Franchising Director" (in each place) substitute "Authority",

(b) for "him" substitute "the Authority", and

(8) In subsection (15), for "Franchising Director" substitute "Authority".

(9) In subsection (16)--

(a) for "Franchising Director" (in both places) substitute "Authority", and

(b) for "his" substitute "its".

(10) In subsection (17), for "Franchising Director" (in each place) substitute "Authority".

(11) In subsection (18)--

(a) for "Franchising Director" (in both places) substitute "Authority", and

(b) for "he may apply" substitute "the Authority may apply".

(12) In subsection (19), for "Franchising Director" substitute "Authority".

21 In section 35 (termination and variation of section 20(2) agreements by Franchising Director), for "Franchising Director" (in each place, including the sidenote) substitute "Authority".

22 (1) Section 37 (proposals to discontinue non-franchised etc. passenger services) is amended as follows.

(2) In subsection (1), for "Franchising Director" (in both places) substitute "Authority".

(3) In subsections (4) and (5)--

(a) for "Franchising Director" substitute "Authority", and

(b) for "he" substitute "it".

(4) In subsection (6)--

(a) for "Franchising Director" substitute "Authority",

(b) for "he" substitute "it", and

(5) In subsection (7), for "Franchising Director's" substitute "Authority's".

(6) In subsection (8), for "Franchising Director" (in both places) substitute "Authority".

(7) In subsection (10)--

(a) for "Franchising Director" substitute "Authority", and

(b) for "he" substitute "it".

23 (1) Section 38 (proposals to discontinue franchised etc. passenger services) is amended as follows.

(2) In subsection (1)--

(a) for "Franchising Director" (in both places) substitute "Authority", and

(b) for "he" substitute "it".

(3) In subsection (2)--

(a) for "Franchising Director" substitute "Authority", and

(b) for "him" substitute "it".

(4) In subsection (3)--

(a) for "Franchising Director" (in both places) substitute "Authority", and

(b) for "he" substitute "it".

(5) In subsection (5)--

(a) for "Franchising Director" substitute "Authority", and

(b) for "him" (in both places) substitute "it".

(6) In subsection (6), for "Franchising Director" (in both places) substitute "Authority".

(7) In subsection (8), for "Franchising Director" substitute "Authority".

24 (1) Section 39 (notification of proposals to change operational passenger networks) is amended as follows.

(2) In subsection (1), for "Franchising Director" (in both places) substitute "Authority".

(3) In subsections (5) and (6)--

(a) for "Franchising Director" substitute "Authority", and

(b) for "he" substitute "it".

(4) In subsection (7)--

(a) for "Franchising Director" substitute "Authority",

(b) for "he" substitute "it", and

(5) In subsection (8), for "Franchising Director's" substitute "Authority's".

(6) In subsection (9), for "Franchising Director" (in both places) substitute "Authority".

(7) In subsection (11)--

(a) for "Franchising Director" substitute "Authority", and

(b) for "he" (in both places) substitute "it".

25 (1) Section 40 (proposals to close passenger networks operated on behalf of Franchising Director) is amended as follows.

(2) In subsection (1), for "Franchising Director" (in both places) substitute "Authority".

(3) In subsection (2)--

(a) for "Franchising Director" substitute "Authority", and

(b) for "him" substitute "the Authority".

(4) In subsection (5)--

(a) for "Franchising Director" substitute "Authority", and

(b) for "him" (in both places) substitute "it".

(5) In subsection (6), for "Franchising Director" (in both places) substitute "Authority".

(6) In subsection (8) and in the sidenote, for "Franchising Director" substitute "Authority".

26 (1) Section 41 (notification of proposals to close railway facilities used in connection with passenger services) is amended as follows.

(2) In subsection (1), for "Franchising Director" (in both places) substitute "Authority".

(3) In subsections (4) and (5)--

(a) for "Franchising Director" substitute "Authority", and

(b) for "he" substitute "it".

(4) In subsection (6)--

(a) for "Franchising Director" substitute "Authority",

(b) for "he" substitute "it", and

(5) In subsection (7), for "Franchising Director's" substitute "Authority's".

(6) In subsection (8), for "Franchising Director" (in both places) substitute "Authority".

(7) In subsection (10)--

(a) for "Franchising Director" substitute "Authority", and

(b) for "he" (in both places) substitute "it".

27 (1) Section 42 (proposals to close passenger railway facilities operated on behalf of Franchising Director) is amended as follows.

(2) In subsection (1), for "Franchising Director" (in both places) substitute "Authority".

(3) In subsection (2)--

(a) for "Franchising Director" substitute "Authority", and

(b) for "him" substitute "the Authority".

(4) In subsection (4)--

(a) for "Franchising Director" substitute "Authority", and

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