Transport Act 2000 (c. 38)

(The document as of February, 2008)

-- Back --

Page 26

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 | P.29 | P.30 | P.31 | P.32 | P.33 | P.34

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

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

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

(6) In subsection (7) and in the sidenote, for "Franchising Director" substitute "Authority".

28 (1) Section 43 (closures: notification to, and functions of, Regulator and consultative committees).

(2) In subsection (1)--

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

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

(3) In subsections (3), (12) and (13), for "Franchising Director" substitute "Authority".

29 In section 45(2) (closure conditions), for "Franchising Director" (in both places) substitute "Authority".

30 In subsections (2) and (4) of section 46 (variation of closure conditions), for "Franchising Director" substitute "Authority".

31 For section 47 (which transfers to the Franchising Director, so as to make them exercisable concurrently with the Board, the functions of the Board under sections 119 to 124 of the [1985 c. 67.] Transport Act 1985) substitute--

" 47 Withdrawal of bus substitution service

(1) Where the Authority proposes to seek--

(a) revocation of a condition requiring it to secure the provision of a bus substitution service, or

(b) variation of such a condition so as to permit the Authority to withdraw such a service from any locality or point,

it shall, not less than six weeks before the date proposed for the withdrawal of the service, publish in two successive weeks in two local newspapers circulating in the area affected, and in such other manner as appears to it appropriate, a notice complying with subsection (2) below.

(2) The notice shall--

(a) give particulars of the proposed withdrawal of service, of any alternative services which it appears to the Authority will be available and of any proposals of the Authority for securing or augmenting the provision of alternative services; and

(b) state that objections to the revocation or variation may be lodged with the appropriate Rail Passengers' Committee within six weeks of a date specified in the notice.

(3) The date so specified shall be the date on which the notice is last published in a local newspaper as required by subsection (1) above.

(4) Copies of the notice published under subsection (1) above shall be sent to--

(a) the Rail Passengers' Committee for the area in which any locality or point affected by the proposed withdrawal of service is situated; and

(b) the Passenger Transport Executive for any passenger transport area in which any such locality or point is situated.

(5) Where the proposed withdrawal of service relates to a service which is subsidised by the Passenger Transport Executive for any passenger transport area under any agreement made with the Authority, the Authority shall not publish a notice with respect to the proposed withdrawal under subsection (1) above without the consent of--

(a) the Executive; or

(b) the Secretary of State, who shall not give his consent before affording a reasonable opportunity to the Executive to make representations.

(6) References in this section and section 47A below to a Rail Passengers' Committee shall be construed, in relation to the Greater London area within the meaning of section 2 above, as references to the London Transport Users' Committee.

47A Objections to withdrawal of bus substitution service

(1) Where a notice has been published by the Authority under section 47 above, any user of any service affected (and any body representing users of any such service) may within the period specified in the notice lodge an objection in writing with the Rail Passengers' Committee for the area in a locality or point affected by the proposed withdrawal of service is situated.

(2) Where a Rail Passengers' Committee receives objections pursuant to a notice under section 47 above, it shall--

(a) immediately inform the Secretary of State and the Authority;

(b) consider the objection and any representations made by the Authority; and

(c) report to the Secretary of State as soon as possible on the hardship, if any, which they consider will be caused by the proposed withdrawal of service (and the report may contain proposals for alleviating that hardship).

(3) Where objections with respect to any proposed withdrawal of service have been lodged with two or more Rail Passengers' Committees, they may--

(a) report to the Secretary of State jointly under this section; or

(b) agree that their functions under this sections shall be delegated to one any of them.

(4) The Secretary of State may require a further report from any committee making a report to him under subsection (1) above.

(5) Copies of every report under subsection (1) or (2) above shall be sent to the Rail Passengers' Council and to the Authority.

(6) Where the proposed withdrawal of service--

(a) relates to a service which is subsidised by the Passenger Transport Executive for a passenger transport area, or

(b) would affect a locality or point in the passenger transport area of a Passenger Transport Executive,

the Executive may, within the period specified in the notice for objecting to the withdrawal, send the Secretary of State a statement in writing that they oppose the withdrawal and of their reasons for opposing it (even if they consented to the publication of the notice).

(7) Where the Passenger Transport Executive for any passenger transport area send such a statement to the Secretary of State they shall send a copy of it to the Authority.

47B Revocation or variation of bus substitution conditions

(1) Where an objection to a proposed withdrawal of service is lodged in accordance with subsection (1) of section 47A above, the Secretary of State may revoke or vary the condition in question--

(a) when he has received the report required by subsection (3) of that section and any further report required by him under subsection (4) of that section (unless he considers that any such report has been unreasonably delayed); and

(b) after considering any statement under subsection (4) of that section.

(2) Where the Secretary of State revokes or varies a condition under subsection (1), he may--

(a) impose such conditions as he thinks fit, including a condition requiring the Authority to secure the provision of another bus substitution service; and

(b) from time to time give such directions to the Authority as he thinks fit in connection with the withdrawal of the bus substitution service required by that condition;

and such a condition may be varied or revoked as if it had been made under section 43 above.

(3) Where no objections are lodged in accordance with section 47A above, the Secretary of State shall revoke or vary the condition in question in accordance with the Authority's proposals. "

32 (1) Section 48 (experimental services) is amended as follows.

(2) In subsection (2)--

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

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

(3) In subsection (4)--

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

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

(4) In subsection (6), for "Franchising Director" substitute "Authority".

(5) In subsection (7)--

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

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

33 In section 50(1) (exclusion of liability for breach of statutory duty), for "Franchising Director" substitute "Authority".

34 (1) Section 54 (exercise of functions for purpose of encouraging investment in railways) is amended as follows.

(2) In subsection (1)--

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

(b) for "his, or (as the case may be) their," substitute "their".

(3) In subsection (2)--

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

(b) for "franchising functions of his" substitute "any of its franchising functions".

(4) In subsection (3)--

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

(b) for "functions of his under" substitute "of the Authority's functions under",

(d) for "his which" substitute "the Authority which".

35 (1) Section 55 (orders for securing compliance) is amended as follows.

(2) In subsections (1) to (7)--

(a) for "officer" (in each place) substitute "authority", and

(b) for "he" and "him" (in each place) substitute "it".

(3) In subsection (10)--

(a) for "officer" substitute "authority", and

(b) for "Franchising Director" substitute "Authority".

(4) In subsection (11), for "Franchising Director" substitute "Authority".

(5) In the heading before section 55, for "Franchising Director" substitute "Authority".

36 In section 56 (procedural requirements)--

(a) for "officer" (in each place) substitute "authority",

(b) for "he" (in each place) substitute "it", and

37 In section 57(7) (validity and effect of orders), for "officer" substitute "authority".

38 (1) Section 58 (power to require information etc.) is amended as follows.

(2) In subsection (1)--

(a) for "officer" (in both places) substitute "authority", and

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

(3) In subsection (2) (in each place) and in subsection (6), for "officer" substitute "authority".

39 In section 60(1) (railway administration orders made on special petition), for "Franchising Director" substitute "Authority".

40 In section 61 (restriction on making winding-up order in respect of protected railway company), for "Franchising Director" (in both places) substitute "Authority".

41 In section 62 (restrictions on voluntary winding up and insolvency proceedings in case of protected railway companies), for "Franchising Director" (in each place) substitute "Authority".

42 In section 69(4) (power of Regulator to provide Franchising Director with information relating to Franchising Director's functions), for "Franchising Director" (in each place) substitute "Authority".

43 In subsection (9) of section 72 (keeping of register by Regulator)--

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

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

and in the heading preceding that section, for "Franchising Director" substitute "Authority".

44 (1) Section 73 (keeping of register by Franchising Director) is amended as follows.

(2) In subsection (1)--

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

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

(3) In subsection (2)--

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

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

(4) In subsection (3) (in both places), in subsection (4), in subsection (6) (in both places) and in subsection (7) (in both places), for "Franchising Director" substitute "Authority".

(5) In the sidenote, for "Franchising Director" substitute "Authority".

45 (1) Section 75 (annual reports of Franchising Director) is amended as follows.

(2) In subsection (1)--

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

(b) for "the first relevant financial year, and of each subsequent financial year," substitute "each financial year,", and

(3) In subsections (2) and (2A), in subsection (3) (in both places) and in the sidenote, for "Franchising Director" substitute "Authority".

(4) In subsection (4), omit the definition of "first relevant financial year".

46 In section 76 (general duties of Central Committee), in subsection (4)(b) (in both places) and in subsection (8), for "Franchising Director" substitute "Authority".

47 In section 77 (general duties of consultative committees), in subsection (3)(b) (in both places), in subsection (8) (in both places) and in subsection (10), for "Franchising Director" substitute "Authority".

48 (1) Section 80 (duty to furnish information to Franchising Director on request) is amended as follows.

(2) In subsection (1)--

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

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

(3) In subsection (3), in subsection (4) (in each place), in subsection (8) and in the sidenote, for "Franchising Director" substitute "Authority".

49 (1) Section 118 (control of railways in time of hostilities, severe international tension or great national emergency) is amended as follows.

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

(3) In subsection (3)--

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

(b) for "him to carry out his" substitute "the carrying out of".

(4) In subsection (5)--

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

(b) omit "given to him" and "relating to him".

(5) In subsection (9), for "Franchising Director" substitute "Authority".

50 (1) Section 135 (concessionary travel for railway staff etc.) is amended as follows.

(2) In subsections (2) and (3), for "Franchising Director" substitute "Authority".

(3) In subsection (6)--

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

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

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

51 (1) Section 136 (grants and subsidies) is amended as follows.

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

(3) In subsection (6), for "Franchising Director may each, in his capacity" substitute "Authority may each,".

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

(5) In subsection (10), for "Franchising Director" substitute "Authority".

52 In section 145 (restriction on disclosure of information not to apply to disclosure for facilitating carrying out of certain functions), for "Franchising Director" (in both places) substitute "Authority".

53 In section 151 (interpretation), in subsection (2) (in both places) and in subsection (3) (in each place), for "Franchising Director" substitute "Authority".

54 (1) Paragraph 2 of Schedule 7 (transfer schemes in connection with railway administration orders) is amended as follows.

(2) In sub-paragraph (2), for "Franchising Director" substitute "Authority".

(3) In sub-paragraph (3), for "Franchising Director, for his approval, he" substitute "Authority for approval, the Secretary of State or Authority".

(4) In sub-paragraph (6)--

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

(b) for "him" substitute "the Secretary of State or Authority".

(5) In sub-paragraph (7)--

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

(b) for "he" substitute "the Secretary of State or Authority", and

Railway Heritage Act 1996 (c. 42)

55 (1) Section 1 of the Railway Heritage Act 1996 (bodies to which Act applies) is amended as follows.

(2) For paragraph (f) substitute--

" (f) the Strategic Rail Authority ("the Authority"); " .

(3) In paragraph (g), for "that Director" substitute "the Authority".

Channel Tunnel Rail Link Act 1996 (c. 61)

56 (1) Section 19 of the Channel Tunnel Rail Link Act 1996 (railway administration orders) is amended as follows.

(2) In subsections (2) and (5), for "Director of Passenger Rail Franchising" substitute "Strategic Rail Authority".

(3) In subsection (6)--

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

(b) for ""Director"" substitute ""Authority"".

Competition Act 1998 (c. 41)

57 In paragraph 2 of Schedule 11 to the Competition Act 1998 (meaning of "designated person" in provisions about disclosure of information), for paragraph (k) substitute--

" (k) the Strategic Rail Authority; " .

Greater London Authority Act 1999 (c. 29)

58 The Greater London Authority Act 1999 has effect subject to the following amendments.

59 (1) Section 175 (co-operation between Transport for London and Franchising Director) is amended as follows.

(2) In subsection (1) (in both places), in subsection (2) and in the sidenote, for "Franchising Director" substitute "Strategic Rail Authority".

(3) In subsection (3)--

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

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

(4) Omit subsection (4).

60 In section 177 (provision of extra passenger transport services and facilities), for "Franchising Director" (in both places) substitute "Strategic Rail Authority".

61 For section 196 (power of Greater London Authority to give instructions or guidance to Franchising Director) and the heading before it substitute--

" The Authority and the Strategic Rail Authority

196 Power of Authority to give directions and guidance to Strategic Rail Authority

(1) The Authority may give directions and guidance to the Strategic Rail Authority in relation to the provision of railway services in Greater London.

(2) It is immaterial for the purpose of giving directions and guidance under subsection (1) above whether implementation of the directions and guidance affects railway services outside Greater London.

(3) The Strategic Rail Authority shall exercise its functions in the manner best calculated to implement any directions and guidance given to it by the Authority (but subject to subsections (4) and (5) below).

(4) The Strategic Rail Authority shall not implement any directions or guidance given to it by the Authority if or to the extent that to do so would prevent or seriously hinder the Strategic Rail Authority--

(a) from complying with any directions given to it by the Secretary of State under section 207(5) of the Transport Act 2000 or from having regard to any guidance so given; or

(b) from exercising any of its functions in a manner which is consistent with its financial framework.

(5) The Strategic Rail Authority need not implement any directions or guidance given to it by the Authority if or to the extent that to do so would--

(a) have an adverse effect on the provision of services for the carriage of passengers or goods by railway outside Greater London; or

(b) increase the amount of any expenditure of the Strategic Rail Authority under agreements or other arrangements entered into (in accordance with a franchise agreement) with the franchise operator, the franchisee or any servant, agent or independent contractor of the franchise operator or franchisee.

(6) If the Strategic Rail Authority decides not to implement any directions or guidance given to it by the Authority, whether generally or in a particular case, it shall give the Authority notification of the decision and its reasons for it.

(7) The directions and guidance which may be given under this section are--

(a) directions and guidance as to the manner in which the Strategic Rail Authority is to exercise its functions in order to comply with section 207(1) to (3) of the Transport Act 2000, and

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

in relation to the provision of services for the carriage of passengers by railway or the operation of additional railway assets under or by virtue of any franchise agreement or any provision of sections 30 and 37 to 49 of the [1993 c. 43.] Railways Act 1993.

(8) The functions of the Authority under this section shall be exercisable by the Mayor acting on behalf of the Authority.

(9) Expressions used in this section and in Part I of the Railways Act 1993 have the same meaning in this section as in that Part. "

62 In section 197 (Franchising Director to consult Mayor of London as to fares, services etc.), for "Franchising Director" (in each place, including the sidenote) substitute "Strategic Rail Authority".

63 In section 199(1) (licence exemptions and facility exemptions), for "Franchising Director" substitute "Strategic Rail Authority".

64 In section 201(3)(c) (agreements requiring passenger licence not to be made by Transport for London: excepted agreements), for "Franchising Director" substitute "Strategic Rail Authority".

65 In section 203 (closures: copy documents to Mayor of London), for "Franchising Director" (in both places, including the sidenote) substitute "Strategic Rail Authority".

66 (1) Section 235 (disclosure of information) is amended as follows.

(2) In subsection (2)(b), for "Franchising Director" substitute "Strategic Rail Authority".

(3) Omit subsection (6).

67 (1) Section 240 (travel concessions on journeys in and around Greater London) is amended as follows.

(2) In subsection (2) (in both places), and in subsection (7), for "Franchising Director" substitute "Strategic Rail Authority".

(3) In subsection (8), omit the definition of "the Franchising Director".

Section 216.

SCHEDULE 17 Transfers to SRA from Rail Regulator

Part I Functions relating to licences

Introductory

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

Exemptions

2 (1) Section 7 (exemptions from requirement for operator of railway asset to be authorised by licence) is amended as follows.

(2) In subsection (1) (power of Secretary of State to grant exemption after consultation with Regulator), after "Regulator" insert "and the Authority".

(3) In subsection (3) (power of Regulator to grant exemption after consultation with Secretary of State), after "Secretary of State" insert "and the Authority".

(4) After subsection (5) insert--

" (5A) The Regulator shall obtain the approval of the Authority to any condition of a licence exemption which relates to consumer protection; but a failure to comply with this subsection shall not affect the validity of the licence exemption. "

(5) After subsection (6) insert--

" (6A) If the broken condition relates to consumer protection, the Authority may require the Regulator to give to any relevant person specified by the Authority a direction declaring that the licence exemption is revoked, so far as relating to that person, to such extent and from such date as is specified by the Authority. "

(6) In subsection (7), for "subsection (6) above" substitute "this section".

(7) After subsection (8) insert--

" (8A) The Authority may require the Regulator, when he gives a direction to any person in compliance with a requirement under subsection (6A) above, also to direct that person to refrain from being the operator of any railway assets, any railway assets specified by the Authority or any railway assets of a class or description so specified. "

(8) In subsection (9), for "subsection (6)" substitute "subsections (6) and (6A)".

Consumer protection conditions

3 After section 7 insert--

" 7A Consumer protection conditions

(1) For the purposes of this Part conditions of a licence or licence exemption relate to consumer protection if they are--

(a) conditions about fares, other than conditions about predatory fare pricing;

(b) conditions about complaints against the operator by members of the public or liabilities of the operator to members of the public;

(d) conditions about policing or security;

(e) conditions for facilitating the use of railway services by members of the public (for instance, conditions about timetable information, enquiries, sale of tickets, through ticketing and conditions of carriage);

(f) conditions about liaison with the Rail Passengers' Council or Rail Passengers' Committees; or

(g) conditions for protecting the interests of persons who are disabled.

(2) The Secretary of State may make regulations providing that for the purposes of this Part--

(a) further prescribed descriptions of conditions of licences or licence exemptions are conditions which relate to consumer protection; or

(b) conditions of any description within subsection (1) above are not conditions which so relate.

(3) Only conditions for protecting the interests of the public may be prescribed under subsection (2)(a) above and conditions of the following descriptions may not be so prescribed--

(a) conditions about technical standards or procedures (including safety standards or procedures);

(b) conditions about the protection of the environment;

(c) conditions about responsibility for, or access to, the railway assets to which the licence or licence exemption relates;

(d) conditions relating to the development, improvement or maintenance of the network; and

(e) conditions about anti-competitive practices (including predatory fare pricing and cross-subsidy), investment, financial standards or auditing (including efficiency audits).

-- Back --

Stat