Transport Act 2000 (c. 38)

(The document as of February, 2008)

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31 In the sidenote for section 56 insert at the end "for section 55 orders".

32 (1) In section 57 (validity and effect of orders) is amended as follows.

(2) In subsection (2), omit paragraph (b).

(3) After that subsection insert--

" (2A) If such an application is made in relation to a provision of an order requiring the payment of a sum in the event of a contravention and the sum would be payable before the time when the application is determined, it need not be paid until that time.

(2B) Where such an application is so made the court, if satisfied as mentioned in subsection (2) above, may (instead of quashing the order or the provision of the order) make provision under either or both of paragraphs (a) and (b) of subsection (2C) below.

(2C) The provision referred to in subsection (2B) above is--

(a) provision substituting for the sum, or provision for determining a sum, specified in the order such lesser sum, or such other provision for determining a sum, as the court considers appropriate in all the circumstances of the case; and

(b) provision substituting for the date by which the sum is to be paid specified in or determined in accordance with the order such later date as the court considers appropriate in all the circumstances of the case.

(2D) Where the court substitutes a lesser sum, or different provision for determining a sum, it may require the payment of interest on the new sum at such rate, and from such date, as it determines; and where it specifies as the date by which the sum is to be paid a date before the determination of the application it may require the payment of interest on the sum from that date at such rate as it determines. "

(4) In subsection (9), for "section 58" substitute "sections 57F and 58".

(5) In the sidenote, after "of" insert "section 55".

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

(2) In subsection (1)--

(a) for the words from "may be" to "requirement, the" substitute " may have contravened or be contravening--

(a) a relevant condition or requirement, or

(b) a final or provisional order made by the appropriate authority,

the " , and

(b) after "55" insert "or 57A".

(3) In the sidenote insert at the end "for purposes of sections 55 and 57A".

34 In section 60(5)(c) (effect of petition for railway administration order), after "55" insert "or 57A".

35 In section 67(6)(b) (references made to the Competition Commission), for "Board" (in both places) substitute "Authority".

36 (1) Section 72(2) (matters to be entered in register maintained by Regulator) is amended as follows.

(2) In paragraph (a) (provisions about licences), after sub-paragraph (viii) (inserted by Schedule 17) insert--

" (ix) every penalty imposed by the Regulator under section 57A above;

(x) every statement of policy published by the Regulator under that section; " .

(3) In paragraph (b) (provisions about access agreements), after sub-paragraph (v) insert--

" (va) every direction under section 22A above;

(vb) every notice given by or to the Regulator or the Competition Commission under Schedule 4A to this Act; " .

37 (1) Section 73(2) (matters to be entered in register by Authority) is amended as follows.

(2) In paragraph (d) (amendments of franchise agreements), insert at the end "other than any which are not likely to have a material effect on the provision of services under the agreement or on any sums payable under the agreement."

(3) After paragraph (e) insert--

" (f) every penalty imposed by the Authority under section 57A above;

(g) every statement of policy published by the Authority under that section; " .

38 In section 80 (furnishing of information to Authority)--

(a) in subsection (1), for the words from the beginning to the end of paragraph (c) substitute "Licence holders" and insert at the end "or the Transport Act 2000", and

(b) omit subsection (6).

39 (1) Section 83 (interpretation) is amended as follows.

(2) For the definition of "appropriate officer" in subsection (1) substitute--

" "appropriate authority" has the meaning given by section 55(10) above; " .

(3) After that definition insert--

" "bus substitution service" has the meaning given by section 45(2)(b) above; " .

(4) After the definition of "station services" in that subsection insert--

" "through ticket" means--

(a) a ticket which is valid for a journey which involves use of the services of more than one passenger service operator; or

(b) a combination of two or more tickets issued at the same time which are between them valid for such a journey;

and "through ticketing" shall be construed accordingly; " .

(5) After subsection (2) insert--

" (3) For the purposes of this Part, references to a condition of a licence or licence exemption which relates, or does not relate, to consumer protection shall be construed in accordance with section 7A above. "

40 (1) Section 135 (concessionary travel) is amended as follows.

(2) In subsection (6)(a), for "(5)" substitute "(4)".

(3) In subsection (9), for "subsections (4) and (5) above are" substitute "subsection (4) above is".

41 (1) Section 145 (restrictions on disclosure of information) is amended as follows.

(2) In subsection (2)(a), insert at the end "or the Transport Act 2000".

(3) After subsection (5) insert--

" (5A) Subsection (1) above does not prevent the transfer of records in accordance with section 3(4) of the [1958 c. 51.] Public Records Act 1958. "

42 (1) Section 150(1) (Crown application) is amended as follows.

(2) In paragraph (a), for "22" substitute "22C".

(3) In paragraph (b), for "55 to 58, except sections 55(8) and 58(4) and (5);" substitute "55(1) to (7) and (9) to (11), sections 56 and 57 and section 58(1) to (3), (6) and (7);".

43 In section 151(1) (interpretation), insert at the appropriate place--

" "the Authority" means the Strategic Rail Authority; " .

44 (1) Section 154(3) (extent) is amended as follows.

(2) For paragraph (a) substitute--

" (a) section 36(1), (4) and (5); " .

(3) For paragraph (c) substitute--

" (c) sections 124 and 129(3); " .

45 In paragraph 4 of Schedule 1 (official seal), for "their respective" substitute "his".

46 In paragraph 6(2)(a) of Schedule 2 (information disclosed in confidence by Franchising Director to rail users' consultative committee), for "Franchising Director" substitute "Authority".

47 In paragraph 6(2)(a) of Schedule 3 (information disclosed in confidence by Franchising Director to Central Rail Users' Consultative Committee), for "Franchising Director" substitute "Authority".

48 In paragraph 2 of Schedule 6 (effect of administration order), after "55" insert "or 57A".

49 (1) Schedule 11 (pensions) is amended as follows.

(2) In paragraph 1(1) (interpretation), in paragraph (a) of the definition of "eligible persons"--

(a) after "of the Board," insert--

" (ia) the Authority or any subsidiary of the Authority, " , and

(b) for "franchise company" substitute "body corporate which is, or is to be, the franchisee or the franchise operator under a franchise agreement".

(3) In paragraphs 3(4) and 4(5), for "after consultation with" substitute "with the consent of".

(4) In paragraph 10(15), for "Board" (in both places) substitute "Authority".

(5) In paragraph 11(10), in the definition of "relevant employer" insert at the end--

" (d) the Authority; or

(e) a wholly owned subsidiary of the Authority. "

Finance Act 1994 (c. 9)

50 (1) Schedule 24 to the Finance Act 1994 is amended as follows.

(2) In paragraph 15(11) (trading losses), after paragraph (b) insert--

" (ba) a wholly owned subsidiary of the Strategic Rail Authority; " .

(3) In paragraph 19(5) (leased assets: special cases), after paragraph (b) insert--

" (ba) the Strategic Rail Authority,

(bb) a wholly owned subsidiary of the Strategic Rail Authority, " .

Railway Heritage Act 1996 (c. 42)

51 The Railway Heritage Act 1996 has effect subject to the following amendments.

52 In section 2 (establishment of committee), for "Board" (in each place) substitute "Authority".

53 In section 4(6)(b) (notice of proposed disposal), for "Part II of the Railways Act 1993" substitute "the Transport Act 2000".

Channel Tunnel Rail Link Act 1996 (c. 61)

54 The Channel Tunnel Rail Link Act 1996 has effect subject to the following amendments.

55 After section 42 insert--

" 42A Strategic Rail Authority as agent of Secretary of State

(1) The Strategic Rail Authority may do anything which it arranges with the Secretary of State to do on his behalf in connection with any agreement or other arrangement made by him for the purpose of securing the design, construction, financing, maintenance or operation of the rail link or any of the other works authorised by this Part of this Act.

(2) Subsection (1) above--

(a) does not authorise the Strategic Rail Authority to exercise any function conferred or imposed by or by virtue of any enactment, and

(b) is subject to the terms of the agreement or other arrangement.

(3) Sections 207 and 208 of the Transport Act 2000 do not apply to the power conferred by this section. "

56 (1) Paragraph 7 of Schedule 9 (application of offence provisions) is amended as follows.

(2) In sub-paragraphs (2) and (3), for "the British Railways Board" substitute "a successor of the British Railways Board".

(3) At the end insert--

" (4) In this paragraph "successor of the British Railways Board" has the same meaning as in the [S.I. 1999/1998.] Railways Act 1993 (Consequential Modifications) (No.2) Order 1999. "

Greater London Authority Act 1999 (c. 29)

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

58 In section 179(3) (service provided in pursuance of agreement under section 4A of the [1962 c. 46.] Transport Act 1962 not a London local service), for the words from "Railways Board" to "1962" substitute "Strategic Rail Authority, entered into under section 214 of the Transport Act 2000".

59 In section 209(1) (amendments about the Croydon Tramlink), for "(9)" substitute "(10)".

60 In section 247(2) (consultation with Regulator about appointments to London Transport Users' Committee), for "Rail Regulator" substitute "Strategic Rail Authority".

61 In section 250(2) (annual report of London Transport Users' Committee to Assembly and Rail Regulator), for "Rail Regulator" substitute "Strategic Rail Authority"

62 (1) Schedule 18 (London Transport Users' Committee) is amended as follows.

(2) In paragraph 1, after "chairman" insert "and other members" and, in the heading preceding that paragraph, after "Chairman" insert "and other members".

(3) In paragraph 2, for "above," substitute "above as chairman,".

(4) In paragraph 3, after "chairman" insert "or another member".

(5) In paragraphs 9 and 11(3), for "Rail Regulator" substitute "Strategic Rail Authority".

(6) In paragraph 15(2)(a), for "Franchising Director" substitute "Strategic Rail Authority".

(7) Omit paragraph 17.

Railways Act 1993 (Consequential Modifications) (No.2) Order 1999 (S.I.1999/1998)

63 In article 3(1) of the [S.I. 1999/1998.] Railways Act 1993 (Consequential Modifications) (No.2) Order 1999 (amendment of British Transport Commission Act 1949), for "include" substitute "have effect as".

Section 253.

SCHEDULE 28 Transitionals and savings about railways

First appointments to Authority

1 (1) The Secretary of State shall offer to the person who immediately before the coming into force of section 201 is the chairman of the Board appointment under section 202 as the member of the Authority who is to chair it from the time when the Authority is established.

(2) The Secretary of State shall offer to the other persons who immediately before the coming into force of section 201 are members of the Board appointment under section 202 as members of the Authority from the time when the Authority is established.

(3) The Secretary of State shall (in spite of section 203(2)) offer to the person who immediately before the coming into force of section 201 is the Franchising Director appointment as the chief executive of the Authority from the time when the Authority is established; and, if appointed, the terms of his appointment shall (in spite of paragraph 4(2) of Schedule 14) be such as may be determined by the Secretary of State.

(4) Unless any person to whom an appointment is offered under sub-paragraph (1), (2) or (3) refuses to accept it, he shall be appointed pursuant to the offer.

(5) A person may be both a member of the Board and a member of the Authority.

(6) For so long as there is a member of the Authority who was appointed to the Board after consultation with the Scottish Ministers, or the National Assembly for Wales, paragraph (a), or paragraph (b), of section 202(3) shall be deemed to be complied with.

Consumer protection conditions

2 (1) The Secretary of State may make in relation to a licence or licence exemption granted before the coming into force of Part I of Schedule 17 a scheme making such provision as appears to him to be appropriate in consequence of the amendments made by that Part of that Schedule.

(2) The scheme may include modifications of--

(a) the licence or licence exemption, and

(b) any agreements or other arrangements or other documents relating to the person (or any of the persons) to whom it was granted,

(in particular so that references to the Regulator have effect as references to the Authority).

(3) The scheme may include provision for things done by the Regulator before the time when the scheme comes into force to be treated after that time as if done by the Authority.

(4) Before making a scheme under this paragraph the Secretary of State must consult--

(a) the Authority,

(b) the Regulator,

(d) any such other persons as the Secretary of State considers appropriate.

(5) The amendments made by Part I of Schedule 17 apply in relation to any licence or licence exemption granted before the coming into force of that Part of that Schedule only from the coming into force of a scheme made under this paragraph in relation to the licence or licence exemption.

Franchising

3 (1) Any services which, immediately before the coming into force of section 212, are being provided under a franchise agreement shall be treated as having been designated under subsection (1) of section 23 of the [1993 c. 43.] Railways Act 1993 (as amended by subsection (1) of section 212) on the coming into force of section 212.

(2) The designation treated as made by sub-paragraph (1) may be varied or revoked as provided by subsection (2A) of section 23 (as inserted by subsection (2) of section 212) but is not required to be published by subsection (2B) of section 23 (as so inserted).

4 The fact that a statement of policy has not been published by the Secretary of State under section 26(5) of the Railways Act 1993, as inserted by section 212, does not affect the validity of any direction given under section 26(1) of that Act.

Bye-laws

5 (1) The repeal of section 67 of the [1962 c. 46.] Transport Act 1962 does not affect that section, or any provision of that section, as applied by any other enactment.

(2) Any bye-laws made (or having effect as if made) under--

(a) section 67 of the [1962 c. 46.] Transport Act 1962, or

(b) section 129 of the [1993 c. 43.] Railways Act 1993,

which are in force immediately before the coming into force of the repeals of those sections shall continue in force; but the Authority may vary or revoke any bye-laws continued in force by this sub-paragraph.

Penalties

6 (1) The amendments made by section 225 do not have effect in relation to contraventions occurring before the coming into force of that section.

(2) In its continued application (in relation to such contraventions) after that section comes into force, section 55(8) of the [1993 c. 43.] Railways Act 1993 shall have effect to authorise the imposition of a requirement to pay a monetary penalty to the Authority (rather than to the appropriate authority).

(3) Any requirement to pay a monetary penalty imposed by a final order made before the date on which section 225 comes into force shall, so far as not complied with before that date, have effect on and after that date as a requirement to pay the penalty to the Authority (rather than to the appropriate authority).

7 (1) The fact that no order has been made under section 57A(3) of the [1993 c. 43.] Railways Act 1993, as inserted by section 225(1), does not affect the validity of any determination of the amount of a penalty under section 57A.

(2) The fact that no order has been made under section 55(7B) of the [1993 c. 43.] Railways Act 1993, as inserted by section 225(2), does not affect the validity of any determination of the amount of any sum payable in accordance with a final or provisional order.

8 The fact that a statement of policy has not been published by the Authority or Regulator under section 57B of the Railways Act 1993, as inserted by section 225, does not affect--

(a) the validity of any decision to impose a penalty, or any determination of the amount of a penalty, under section 57A, or

(b) the inclusion in a final or provisional order of any requirement to pay a sum or any determination of the amount of any sum payable in accordance with such an order.

Compliance orders

9 The amendments made by section 226 do not apply in a case in which--

(a) a provisional order has been made, or

(b) any steps towards the making of a final order have been taken,

before the coming into force of that section.

Section 56 of the Transport Act 1962

10 Where provision is made for subsections (4) to (6) of section 56 of the [1962 c. 46.] Transport Act 1962 (functions of Rail Passengers' Council and Rail Passengers' Committees) to apply in relation to any services or any facilities connected with any services--

(a) sections 76 and 77 of the [1993 c. 43.] Railways Act 1993 shall not apply in relation to them unless the services are being provided under a franchise agreement, but

(b) those subsections shall not apply in relation to them if the services are being so provided.

Review of access charges

11 (1) This paragraph applies if, before this Act is passed, notice has been given by the Regulator of his conclusions on an access charges review (within the meaning of Schedule 4A to the Railways Act 1993, as inserted by Schedule 24 to this Act) but the conclusions have not been implemented.

(2) The conclusions may be implemented after the time by which they are to be implemented in accordance with the access agreement.

(3) The procedure for the implementation of the conclusions shall be as provided for by paragraphs 4 to 16 of Schedule 4A to the Railways Act 1993 (and not as provided for by the access agreement).

Closures

12 Where the Regulator has not made his decision with respect to a proposed closure before the time when section 234 comes into force, anything done by or in relation to him before that time in connection with any of the functions transferred from him to the Secretary of State by that section shall be treated after that time as if done by or in relation to the Secretary of State.

13 Section 239 does not apply in the case of a proposed closure of which notice has been given before that section comes into force.

Register

14 (1) The Regulator shall give to the Authority details of the provision which he has caused to be entered in the register maintained by him under section 72 of the [1993 c. 43.] Railways Act 1993 by virtue of paragraph (c) of subsection (2) of that section before the coming into force of the repeal of that paragraph by this Act.

(2) The Authority shall cause to be entered in the Register maintained by it under section 73 of that Act any details given to it under sub-paragraph (1).

Code for protection of disabled rail users

15 (1) The code of practice under section 70 of the Railways Act 1993 which is current at the time when the repeal by this Act of that section comes into force shall be taken to have been prepared and published by the Authority under section 71B of that Act.

(2) The Regulator shall give to the Authority details of any consultation undertaken by him under section 70(2) of that Act before that time in relation to future revisions of that code; and that consultation shall be taken to have been undertaken by the Authority under section 71B(2) of that Act.

Penalty fares

16 (1) Any functions conferred on the Regulator by regulations under section 130 of the Railways Act 1993 which are in force immediately before the coming into force of paragraph 30 of Schedule 17 shall be treated after that paragraph comes into force as if conferred on the Authority.

(2) Any rules made by the Regulator under or by virtue of that section which have effect immediately before the coming into force of that paragraph have effect after that paragraph comes into force as if made by the Authority.

Supplementary

17 (1) Nothing in this Schedule limits section 276.

(2) Nothing in this Schedule limits the operation of sections 16 and 17 of the [1978 c. 30.] Interpretation Act 1978 (effect of repeals).

Section 260.

SCHEDULE 29 Driver training and driving instructors: minor and consequential amendments

Introductory

1 The [1988 c. 52.] Road Traffic Act 1988 has effect subject to the following amendments.

Consequential amendments about driver training

2 In section 89(6) (vehicles which may be driven by virtue of licence authorised by passing of test), for "For" substitute "Subject to regulations under section 99ZA of this Act, for".

3 In section 97(1) (grant of licences), for "the following provisions of this section and section 92 of this Act" substitute "subsection (2) below, section 92 of this Act and regulations under section 99ZA of this Act".

4 In section 98(2) (effect of full licence), after "below" insert "and to regulations under section 99ZA of this Act".

5 (1) Section 164 (power of constables to require production of evidence) is amended as follows.

(2) For subsection (4A) substitute--

" (4A) If regulations make provision for the evidencing of the successful completion of driver training courses or of a person's being within the exemption specified in subsection (2), or any exemption provided by virtue of subsection (3), of section 99ZA of this Act, a person driving on a road a motor vehicle which he--

(a) is not authorised so to drive without having successfully completed such a course, or

(b) would not be authorised so to drive apart from the exemption,

may be required by a constable to produce prescribed evidence of the successful completion by him of such a course or of his being within the exemption. "

(3) In subsection (6), for "his certificate of completion of a training course for motor cyclists" substitute "prescribed evidence of the successful completion by him of a driver training course or of his being within an exemption".

(4) In subsection (8A), for "a certificate of completion of a training course for motor cyclists" substitute "prescribed evidence of the successful completion of a driver training course or of being within an exemption".

(5) In subsection (11), for the words from ""counterpart," to "completion"" substitute ""counterpart" and "provisional licence"".

6 In section 194 (index of expressions) insert at the appropriate place--

" Driver training course

Section 99ZA " .

Tests of continued ability and fitness to give driving instruction

7 In section 125(5) (continuing registration conditional on undergoing tests of continued ability and fitness to give instruction), for the words from "undergo" to the end substitute "submit himself for such test of continued ability and fitness to give instruction in the driving of motor cars (which may consist of practical and other means of assessment) as may be prescribed by regulations."

8 In section 125B(6)(b) (similar provision in relation to disabled instructors), after "cars" insert "(which may consist of practical and other means of assessment)".

9 (1) Section 132 (regulations about examinations and tests) is amended as follows.

(2) In subsection (1), for "such instruction" substitute "instruction in the driving of motor cars (or appropriate motor cars)".

(3) In subsection (2)--

(a) in paragraph (a) (obligation to provide vehicle)--

(i) for "to any" substitute "for any",

(ii) for "such a test of continued ability and fitness" substitute "any part of such a test of continued ability and fitness which consists of practical assessment", and

(iii) for "the test" substitute "the practical test or assessment",

(b) in paragraph (b) (fees)--

(i) after "examination" insert ", or required to submit himself for such a test,", and

(ii) after "that part" insert "or such tests,", and

Disabled instructors: emergency control assessments

10 In section 133A (assessments of disabled person's ability to control a motor car in an emergency), after subsection (4) insert--

" (4A) Regulations may require a person who applies to undergo an emergency control assessment (or a part of such an assessment), or is required to submit himself for such an assessment, to pay a fee to the Secretary of State. "

Review by magistrates' court of examinations of instructors

11 (1) Section 133 (review of examinations) is amended as follows.

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