Transport Act 2000 (c. 38)

(The document as of February, 2008)

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(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine.

(5) If a person fails to comply with a notice under sub-paragraph (2), the court may, on the application of the Authority, make such order as the court thinks fit for requiring the failure to be made good; and any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.

(6) Any reference in this paragraph to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

(7) In this paragraph "the court" means the High Court, in relation to England and Wales, and the Court of Session, in relation to Scotland.

Modification of transfer scheme

15 (1) If at any time after a transfer scheme has come into force the transferor and transferee so agree in writing, the scheme shall for all purposes be deemed to have come into force with such modifications as may be agreed.

(2) Sub-paragraph (1) does not apply in relation to modifications relating to the transfer of rights and liabilities under a contract of employment, unless the employee concerned is a party to the agreement.

(3) An agreement 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 incidental, supplemental, consequential and transitional provision.

Interpretation

16 In this Schedule--

"franchise company" means any body corporate which is, or is to be, the franchisee or the franchise operator under a franchise agreement,
"transfer scheme" means a scheme under paragraph 1 or 2,
"transferor" means the person from whom property, rights or liabilities are transferred by a transfer scheme, and
"transferee" means the person to whom any such property, rights or liabilities are so transferred.

Section 227.

SCHEDULE 22 Renaming of rail users' consultative committees

Part I Amendments of Railways Act 1993

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

2 (1) Section 2 (Rail Users' Consultative Committees) is amended as follows.

(2) In subsection (2), for "Users' Consultative Committees (in this Part referred to as "consultative committees")" substitute "Passengers' Committees".

(3) In subsection (3), for "consultative committee" substitute "Rail Passengers' Committee".

(4) In subsection (4)--

(a) for "consultative committees" substitute "Rail Passengers' Committees", and

(b) for "consultative committee" (in both places) substitute "Rail Passengers' Committee".

(5) In subsection (5)--

(a) for "consultative committee" (in both places) substitute "Rail Passengers' Committee", and

(b) for "consultative committees" (in both places) substitute "Rail Passengers' Committees".

(6) In subsection (6)--

(a) for "consultative committee" substitute "Rail Passengers' Committee", and

(b) for "the committee" substitute "the Rail Passengers' Committee".

(7) In subsections (6A) and (7), for "consultative committee" substitute "Rail Passengers' Committee".

(8) In subsection (8), for "consultative committees" substitute "Rail Passengers' Committees".

(9) In the sidenote, for "users' consultative committees" substitute "Passengers' Committees".

3 (1) Section 3 (Central Rail Users' Consultative Committee) is amended as follows.

(2) For subsection (2) substitute--

" (2) There shall be a council to be known as the Rail Passengers' Council. "

(3) In subsection (3)--

(a) for "Central Committee" substitute "Rail Passengers' Council", and

(b) for "consultative committee" substitute "Rail Passengers' Committee".

(4) In subsections (4) and (5), for "Central Committee" substitute "Rail Passengers' Council".

(5) In the sidenote, for "Central Rail Users' Consultative Committee" substitute "Rail Passengers' Council".

4 (1) Section 43 (closures: notification to and functions of consultative committees) is amended as follows.

(2) In subsections (1) and (2), for "consultative committee" substitute "Rail Passengers' Committee".

(3) In subsection (3), for--

(a) "consultative committee" (in both places), and

(b) "committee",

substitute "Rail Passengers' Committee".

(4) In subsection (4)--

(a) for "consultative committee" substitute "Rail Passengers' Committee", and

(b) for "Central Committee" substitute "Rail Passengers' Council".

(5) In subsections (5), (6), (8), (10) and (12), for "consultative committee" substitute "Rail Passengers' Committee".

(6) In the sidenote, for "consultative committees" substitute "Rail Passengers' Committees".

5 In section 46(2) (variation of closure conditions), for "consultative committee" substitute "Rail Passengers' Committee".

6 In section 48 (experimental railway passenger services)--

(a) in subsection (4) (in both places), and

(b) in subsection (7),

for "consultative committee" substitute "Rail Passengers' Committee".

7 In section 68(2) (requirement by Regulator to investigate and report), for "consultative committee" substitute "Rail Passengers' Committee".

8 (1) Section 76 (general duties of Central Committee) is amended as follows.

(2) In subsection (1), for "Central Committee" substitute "Rail Passengers' Council".

(3) In subsection (2), for "Committee" (in each place) substitute "Rail Passengers' Council".

(4) In subsection (3)--

(a) for "Central Committee" substitute "Rail Passengers' Council",

(b) for "consultative committee" (in both places) substitute "Rail Passengers' Committee", and

(5) In subsection (4)--

(a) for "Central Committee" substitute "Rail Passengers' Council", and

(b) for "the Committee" (in both places) substitute "the Rail Passengers' Council".

(6) In subsection (5), for--

(a) "the Central Committee" and

(b) "the Committee",

substitute "the Rail Passengers' Council".

(7) In subsection (6), for "Central Committee" (in both places) substitute "Rail Passengers' Council".

(8) In subsection (7)--

(a) for "Central Committee" substitute "Rail Passengers' Council", and

(b) for "the Committee" (in both places) substitute "the Rail Passengers' Council".

(9) In the sidenote, for "Central Committee" substitute "Rail Passengers' Council".

(10) In the heading before section 76, for "Central Committee and the consultative committees" substitute "Rail Passengers' Council and Rail Passengers' Committees".

9 (1) Section 77 (general duties of consultative committees) is amended as follows.

(2) In subsection (1), for "consultative committee" substitute "Rail Passengers' Committee".

(3) In subsection (2)--

(a) for "the committee" (in each place) substitute "the Rail Passengers' Committee", and

(b) for "Central Committee" substitute "Rail Passengers' Council".

(4) In subsection (3)--

(a) for "consultative committee" substitute "Rail Passengers' Committee", and

(b) for "the committee" (in both places) substitute "the Rail Passengers' Committee".

(5) In subsection (4)--

(a) for "consultative committee" substitute "Rail Passengers' Committee", and

(b) for "the committee" substitute "the Rail Passengers' Committee".

(6) In subsection (5)--

(a) for "consultative committee" (in both places) substitute "Rail Passengers' Committee", and

(b) for "Central Committee" substitute "Rail Passengers' Council".

(7) In subsection (6)--

(a) for "consultative committee" substitute "Rail Passengers' Committee", and

(b) for "committee's" substitute "Rail Passengers' Committee's".

(8) In subsection (8), for "consultative committee" substitute "Rail Passengers' Committee".

(9) In subsection (9)--

(a) for "consultative committee" substitute "Rail Passengers' Committee", and

(b) for "the committee" (in both places) substitute "the Rail Passengers' Committee".

(10) In the sidenote, for "consultative committees" substitute "Rail Passengers' Committees".

10 (1) Section 79 (annual report by Central Committee and each consultative committee) is amended as follows.

(2) In subsection (1)--

(a) for "Each committee" substitute "The Rail Passengers' Council and each of the Rail Passengers' Committees",

(b) for "the committee's" substitute "its", and

(c) for "Central Committee and the consultative committees" substitute "Rail Passengers' Council and the Rail Passengers' Committees".

(3) In subsection (1A), for "consultative committee" substitute "Rail Passengers' Committee".

(4) In subsection (2)--

(a) for "Each committee" substitute "The Rail Passengers' Council and each of the Rail Passengers' Committees", and

(b) for "the committee" substitute "it".

(5) In subsection (3)--

(a) for "under this section, a committee" substitute "made by it under this section, the Rail Passengers' Council or a Rail Passengers' Committee", and

(b) for "the committee" substitute "the Rail Passengers' Council or the Rail Passengers' Committee".

(6) In subsection (4)--

(a) omit the definition of "committee", and

(b) in the definition of "first relevant financial year", for the words after "to" substitute "the Rail Passengers' Council or any Rail Passengers' Committee, means the financial year in which it is established."

(7) In the sidenote, for "Central Committee and the consultative committees" substitute "Rail Passengers' Council and the Rail Passengers' Committees".

11 (1) Section 145 (restriction on disclosure of information not to apply to disclosure for facilitating carrying out of certain functions) is amended as follows.

(2) In subsection (5), for "Central Committee or a consultative committee" substitute "Rail Passengers' Council or a Rail Passengers' Committee".

(3) For subsection (7) substitute--

" (7) The references in subsection (5) above to a Rail Passengers' Committee includes the London Transport Users' Committee. "

12 (1) Schedule 2 (Rail Users' Consultative Committees) is amended as follows.

(2) Omit paragraph 1.

(3) In paragraphs 2 and 4, for "the committee" substitute "a Rail Passengers' Committee".

(4) In paragraph 5--

(a) for "the committee" (in each place) substitute "a Rail Passengers' Committee",

(b) for "The committee" (in both places) substitute "A Rail Passengers' Committee",

(d) for "consultative committees" substitute "Rail Passengers' Committees".

(5) In paragraph 6--

(a) for "the committee" (in each place) substitute "a Rail Passengers' Committee", and

(b) for "The committee" substitute "A Rail Passengers' Committee".

(6) In paragraph 7--

(a) for "The committee" substitute "A Rail Passengers' Committee", and

(b) for "the committee" (in each place) substitute "a Rail Passengers' Committee".

(7) Omit paragraphs 9 and 10.

(8) In the heading, for "USERS' CONSULTATIVE" substitute "PASSENGERS'".

13 (1) Schedule 3 (Central Rail Users' Consultative Committee) is amended as follows.

(2) Omit paragraph 1.

(3) In paragraphs 2 and 4, for "committee" substitute "Rail Passengers' Council".

(4) In paragraph 5--

(a) for "consultative committee" (in both places) substitute "Rail Passengers' Committee", and

(b) for "committee" (in each other place) substitute "Rail Passengers' Council".

(5) In paragraph 6, for "committee" (in each place) substitute "Rail Passengers' Council".

(6) In paragraph 7, for "committee" (in each place) substitute "Rail Passengers' Council".

(7) Omit paragraph 9.

(8) In the heading, for "CENTRAL RAIL USERS' CONSULTATIVE COMMITTEE" substitute "RAIL PASSENGERS' COUNCIL".

14 In Schedule 5 (alternative closure procedure)--

(a) for "consultative committee" (in each place) substitute "Rail Passengers' Committee",

(b) for "the committee" (in each place) substitute "the Rail Passengers' Committee",

(d) for "Central Committee" substitute "Rail Passengers' Council".

Part II Amendments of other enactments

Transport Act 1962 (c. 46)

15 (1) Section 56 of the Transport Act 1962 (functions of Central Committee and consultative committees) is amended as follows.

(2) In subsection (4)--

(a) for the words from "duty" to "consider" substitute "duty of the Rail Passengers' Council and each Rail Passengers' Committee to consider",

(b) for "the committee" (in each place) substitute "the Rail Passengers' Council or Rail Passengers' Committee",

(d) for "any consultative committee, to the Central Committee" substitute "any Rail Passengers' Committee, to the Rail Passengers' Council", and

(e) for "Central Committee and the consultative committees for Scotland and for Wales and Monmouthshire" substitute "Rail Passengers' Council and the Rail Passengers' Committees for Scotland and for Wales".

(3) In subsection (5)--

(a) for "Central Committee" substitute "Rail Passengers' Council", and

(b) for the words after "consideration by" substitute "a Rail Passengers' Committee or which has been previously considered by a Rail Passengers' Committee."

(4) In subsection (6ZA)--

(a) for "consultative committee" substitute "Rail Passengers' Committee", and

(b) for "that committee and the Central Committee" substitute "that Rail Passengers' Committee and the Rail Passengers' Council".

(5) In subsection (6A), for "A consultative committee" substitute "A Rail Passengers' Committee".

(6) For subsection (20) substitute--

" (20) References in this section to a Rail Passengers' Committee shall be construed, in relation to the Greater London area within the meaning of section 2 of the [1993 c. 43.] Railways Act 1993, as references to the London Transport Users' Committee. "

Parliamentary Commissioner Act 1967 (c. 13)

16 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 places in alphabetical order)--

" Rail Passengers' Committees.

Rail Passengers' Council. "

Transport Act 1968 (c. 73)

17 In section 55(1) of the Transport Act 1968 (exclusion of Waterways Board), for "the Central Committee and the consultative committees, within the meaning of that section," substitute "the Rail Passengers' Council and the Rail Passengers' Committees".

Chronically Sick and Disabled Persons Act 1970 (c. 44)

18 In section 14(1) of the Chronically Sick and Disabled Persons Act 1970 (appointments to advisory committees), for "the Rail Users' Consultative Committees," substitute "Rail Passengers' Committees,".

House of Commons Disqualification Act 1975 (c. 24)

19 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), insert (at the appropriate places in alphabetical order)--

" Member of a Rail Passengers' Committee in receipt of remuneration.

Member of the Rail Passengers' Council in receipt of remuneration. "

Channel Tunnel Act 1987 (c. 53)

20 In section 41(1) of the Channel Tunnel Act 1987 (consultative committees), for the words from "Central" to "Users Consultative" substitute "Rail Passengers' Council and each of the Rail Passengers' ".

Greater London Authority Act 1999 (c. 29)

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

22 In section 247(3)(b) (London Transport Users' Committee), for "Rail Users' Consultative Committee" substitute "Rail Passengers' Committee".

23 In section 252 (London Transport Users' Committee as Rail Users' Consultative Committee)--

(a) in subsection (1), for "Rail Users' Consultative Committee" substitute "Rail Passengers' Committee", and

(b) in the sidenote, for "rail users' consultative committee" substitute "Rail Passengers' Committee".

24 In paragraph 11(3) of Schedule 18 (minutes of London Transport Users' Committee meetings), for "Central Rail Users' Consultative Committee" substitute "Rail Passengers' Council".

Section 229.

SCHEDULE 23 Finances and procedures of rail users' consultative committees

Introductory

1 Schedules 2 and 3 to the [1993 c. 43.] Railways Act 1993 (consultative committees and Central Committee) have effect subject to the following amendments.

Remuneration of members

2 (1) In paragraph 2 of Schedule 2 (remuneration of, and allowances for, chairman of consultative committees), after "chairman" insert "and other members".

(2) In the heading before that paragraph for "the chairman" substitute "members".

(3) After that paragraph insert--

" 2A If a person ceases to hold office as chairman or another member of a Rail Passengers' Committee by reason of the abolition of the Committee before his term of office would otherwise have expired, the Authority may, if it determines that there are special circumstances which make it right that he should receive compensation, pay to him such compensation as may be determined by the Authority. "

(4) Omit paragraph 3 of that Schedule (allowances for other members).

3 (1) In paragraph 2 of Schedule 3 (remuneration of, and allowances for, chairman of Central Committee), after "chairman" insert "and other members".

(2) In the heading before that paragraph for "the chairman" substitute "members".

(3) Omit paragraph 3 of that Schedule (allowances for other members).

Financial duties

4 (1) Paragraph 8 of Schedule 2 (financial provisions relating to consultative committees) is amended as follows.

(2) In sub-paragraph (1)(b), for "the committee in accordance with any statement approved under sub-paragraph (3) below" substitute "a Rail Passengers' Committee (provided that the Rail Passengers' Committee complied with their financial duties in incurring them)".

(3) For sub-paragraphs (2) and (3) substitute--

" (2) The Authority may determine the financial duties of Rail Passengers' Committees; and different determinations may be made for different functions of Rail Passengers' Committees.

(3) The Authority shall give a Rail Passengers' Committee notice of every determination of their financial duties; and such a determination may--

(a) relate to a period beginning before, on or after the date on which it is made;

(b) contain supplementary provisions; and

5 (1) Paragraph 8 of Schedule 3 (financial provisions relating to Central Committee) is amended as follows.

(2) In sub-paragraph (1)(b), for "committee in accordance with any statement approved under sub-paragraph (3) below" substitute "Rail Passengers' Council (provided that the Rail Passengers' Council complied with their financial duties in incurring them)".

(3) For sub-paragraphs (2) and (3) substitute--

" (2) The Authority may determine the financial duties of the Rail Passengers' Council; and different determinations may be made for different functions of the Rail Passengers' Council.

(3) The Authority shall give the Rail Passengers' Council notice of every determination of its financial duties; and such a determination may--

(a) relate to a period beginning before, on or after the date on which it is made;

(b) contain supplementary provisions; and

Procedures

6 In paragraph 6(2) of Schedule 2 (admission of public to meetings: items of business from which public are excluded), insert at the end " or

(d) the circumstances are such as are specified in, or determined by resolution of a Rail Passengers' Committee in accordance with, an order made by the Secretary of State. "

7 In paragraph 6(2) of Schedule 3 (admission of public to meetings: items of business from which public are excluded), insert at the end " or

(d) the circumstances are such as are specified in, or determined by a resolution of the Rail Passengers' Council in accordance with, an order made by the Secretary of State. "

Sub-committees and committees

8 In paragraph 7(1) of Schedule 2 (sub-committees of consultative committees), omit ", with the approval of the Regulator".

9 In paragraph 7(1) of Schedule 3 (sub-committees of Central Committee)--

(a) omit ", with the approval of the Regulator",

(b) for "sub-committees" substitute "committees", and

Public records

10 In the First Schedule to the [1958 c. 51.] Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3, insert (at the appropriate place in alphabetical order)--

	" Rail Passengers' Committees.
	Rail Passengers' Council. "

Section 231.

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