Railways and Transport Safety Act 2003 (c. 20)

(The document as of February, 2008)

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" (i) the driver of or a passenger in a motor vehicle constructed or adapted for carrying goods, while on a journey which does not exceed the prescribed distance and which is undertaken for the purpose of delivering or collecting any thing, " .

111 Highways: snow and ice

After section 41(1) of the Highways Act 1980 (c. 66) (duty of highway authority to maintain highway) insert--

" (1A) In particular, a highway authority are under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice. "

112 Shipping legislation: application to structures, craft, &c.

(1) The Secretary of State may by order--

(a) provide for a shipping provision to apply (with or without modification) in relation to specified things which are used, navigated or situated wholly or partly in or on water;

(b) provide for a shipping provision not to apply in relation to specified things which are used, navigated or situated wholly or partly in or on water;

(c) modify a shipping provision in its application in relation to specified things which are used, navigated or situated wholly or partly in or on water.

(2) In this section "shipping provision" means a provision which--

(a) is made by or by virtue of an Act (including this Act), and

(b) is expressed to apply in relation to ships, vessels or boats (or a specified class or description of ship, vessel or boat).

(3) An order under subsection (1) may, in particular, be made in respect of a provision which--

(a) confers power to legislate, or

(b) creates an offence.

(4) An order under subsection (1) shall have effect despite (and may amend) any provision which--

(a) forms part of or relates to the shipping provision concerned, and

(b) defines "ship", "vessel" or "boat" or in any other way limits or determines the application of the shipping provision concerned.

(5) An order under subsection (1) may--

(a) make different provision for different purposes;

(b) make provision for an individual case;

(d) make transitional provision.

(6) An order under subsection (1)(a) or (c) may provide for the shipping provision not to apply, or to apply with specified modifications, where it would conflict with a specified provision or class of provision made by or by virtue of an enactment.

(7) An order under subsection (1)--

(a) shall be made by statutory instrument,

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

(c) shall not be made unless the Secretary of State has consulted with organisations in the United Kingdom which appear to him to be representative of persons who will be affected by the order.

(8) Section 311 of the Merchant Shipping Act 1995 (c. 21) (application of Act to structures, &c.) shall cease to have effect.

(9) This section extends to the whole of the United Kingdom.

113 Maritime security services

The following shall be inserted after section 36 of the Aviation and Maritime Security Act 1990 (c. 31) (security directions: inspection)--

" 36A Maritime security services: approved providers

(1) In this section "maritime security service" means a process or activity carried out for the purpose of--

(a) complying with a requirement of a direction under any of sections 21 to 24, or

(b) facilitating a person's compliance with a requirement of a direction under any of those sections.

(2) Regulations may provide for the Secretary of State to maintain a list of persons who are approved by him for the provision of a particular maritime security service.

(3) The regulations may--

(a) prohibit the provision of a maritime security service by a person who is not listed in respect of that service;

(b) prohibit the use or engagement for the provision of a maritime security service of a person who is not listed in respect of that service;

(d) make provision about application for inclusion in the list (including provision about fees);

(e) make provision about the duration and renewal of entries on the list (including provision about fees);

(f) make provision about training or qualifications which persons who apply to be listed or who are listed are required to undergo or possess;

(g) make provision about removal from the list which shall include provision for appeal;

(h) make provision about the inspection of activities carried out by listed persons;

(i) confer functions on the Secretary of State or on a specified person;

(j) confer jurisdiction on a court.

(4) Regulations under subsection (3)(c)--

(a) may not provide for a penalty on summary conviction greater than a fine not exceeding the statutory maximum,

(b) may not provide for a penalty of imprisonment on conviction on indictment greater than imprisonment for a term not exceeding two years (whether or not accompanied by a fine), and

(c) may create a criminal offence of purporting, with intent to deceive, to do something as a listed person or of doing something, with intent to deceive, which purports to be done by a listed person.

(5) A direction under any of sections 21 to 24 may--

(a) include a requirement to use a listed person for the provision of a maritime security service;

(b) provide for all or part of the direction not to apply or to apply with modified effect where a listed person provides a maritime security service.

(6) Regulations under this section--

(a) may make different provision for different cases,

(b) may include incidental, supplemental or transitional provision,

(d) shall not be made unless the Secretary of State has consulted organisations appearing to him to represent persons affected by the regulations, and

(e) shall be subject to annulment in pursuance of resolution of either House of Parliament. "

114 Railways in London: transfers

(1) A scheme under section 409(1) or (2) of the Greater London Authority Act 1999 (c. 29) (transfer schemes) which transfers property, rights or liabilities--

(a) from London Regional Transport or a subsidiary of London Regional Transport, and

(b) to Transport for London or a subsidiary of Transport for London,

may provide that section 412(3) of that Act (transfer not to trigger or breach contractual provision) shall not apply in relation to the transfer.

(2) A transfer scheme within the meaning of paragraph 1 of Schedule 12 to that Act (schemes made by Transport for London) which transfers property, rights or liabilities may provide that paragraph 2(3) of that Schedule (transfer not to trigger or breach contractual provision) shall not apply in relation to the transfer.

(3) Provision included in a scheme by virtue of subsection (1) or (2) may disapply section 412(3) of, or paragraph 2(3) of Schedule 12 to, that Act--

(a) generally,

(b) only in relation to a specified contract or instrument, or class of contract or instrument,

(d) only in relation to a specified transfer, or

(e) by reference to a combination of matters mentioned in paragraphs (b) to (d).

(4) Paragraph 2(3) of Schedule 12 to that Act shall not apply in respect of the transfer of property, rights or liabilities which--

(a) have been transferred under a scheme which provided for section 412(3) not to apply in relation to the transfer in reliance on subsection (1) above, or

(b) arise out of property, rights or liabilities transferred as described in paragraph (a).

(5) Before the date on which London Underground Limited becomes a subsidiary of Transport for London--

(a) section 217 of that Act (transfer of key system assets) shall have effect as if--

(i) the reference to Transport for London in subsection (1) included a reference to London Regional Transport, and

(ii) the list of bodies in subsection (2) included London Underground Limited and any subsidiary,

(b) section 221 of that Act (Public-Private Partnership administration order) shall have effect as if a reference to the Mayor were a reference to London Regional Transport,

(c) section 222 of that Act (restriction on winding-up Public-Private Partnership company) shall have effect as if a reference to the Mayor were a reference to London Regional Transport, and

(d) Schedules 14 and 15 to that Act (Public-Private Partnership administration order) shall have effect (including in so far as they modify another enactment) as if a reference to the Mayor were a reference to London Regional Transport.

(6) Section 425(3) of that Act (restriction on commencement of sections 220 to 224) shall cease to have effect.

115 Railways in London: information

(1) The enactments listed in subsection (2) shall not prevent or restrict the provision of information to the Public-Private Partnership Agreement Arbiter appointed under section 225(1) of the Greater London Authority Act 1999 (c. 29).

(2) Those enactments are--

(a) section 133 of the Fair Trading Act 1973 (c. 41),

(b) section 174 of the Consumer Credit Act 1974 (c. 39),

(d) section 19 of the Competition Act 1980 (c. 21),

(e) section 101 of the Telecommunications Act 1984 (c. 12),

(f) section 74 of the Airports Act 1986 (c. 31),

(g) section 38 of the Consumer Protection Act 1987 (c. 43),

(h) section 206 of the Water Industry Act 1991 (c. 56),

(i) section 204 of the Water Resources Act 1991 (c. 57),

(j) section 145 of the Railways Act 1993 (c. 43),

(k) section 55 of the Competition Act 1998 (c. 41),

(l) section 105 of the Utilities Act 2000 (c. 27), and

(m) section 237 of the Enterprise Act 2002 (c. 40).

Part 7 General

116 Schedules 1 and 4: sequestration, &c. in Scotland

Where a person becomes, under paragraph 2(d) of Schedule 1, liable to dismissal or, under paragraph 7(4) of Schedule 4, ineligible for appointment--

(a) by reason that his estate has been sequestrated, he shall cease to be so liable or ineligible--

(i) in the case of the sequestration of his estate being recalled or reduced, on the date of that event; and

(ii) in any other case, on his obtaining a discharge;

(b) by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors, he shall cease to be so liable or ineligible--

(i) in the case of his paying his debts in full, on the date on which the payment is completed; and

(ii) in any other case, at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled.

117 Interpretation: enactment

In this Act "enactment" includes--

(a) an Act of the Scottish Parliament,

(b) an instrument made under an Act of the Scottish Parliament, and

118 Repeals

The enactments listed in Schedule 8 are hereby repealed to the extent specified.

119 Money

Expenditure of the Secretary of State in consequence of this Act shall be paid out of money provided by Parliament.

120 Commencement

(1) Subject to subsections (5) to (8), the preceding provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order.

(2) An order under this section--

(a) may make provision which applies only for a specified purpose;

(b) may make different provision for different purposes;

(3) An order under this section in respect of Schedule 1 may, in particular, make provision to have effect in place of the provision relating to bankruptcy restrictions orders while the enactment conferring power to make those orders has not come into force.

(4) An order under this section shall be made by statutory instrument.

(5) Section 104 (and the relevant entry in Schedule 8) shall come into force on the passing of this Act.

(6) Section 105 shall come into force at the end of the period of two months beginning with the date on which this Act is passed.

(7) Section 112 (and the relevant entry in Schedule 8) shall come into force at the end of the period of two months beginning with the date on which this Act is passed.

(8) Section 114 (and the relevant entry in Schedule 8) shall come into force on the passing of this Act.

121 Extent

(1) The following provisions of this Act make provision about extent or territorial application--

(a) section 14 (in relation to Part 1),

(b) section 17 (in relation to Part 2),

(d) section 91 (in relation to Part 4),

(e) section 102 (in relation to Part 5), and

(f) sections 103(6), 109(2) and 112(9) (in Part 6).

(2) An amendment or repeal of an enactment effected by this Act shall have the same extent as the enactment (or the relevant part of the enactment) amended or repealed.

(3) Subsection (2)--

(a) has effect despite any of the provisions listed in subsection (1), but

(b) does not apply to section 109.

122 Short title

This Act may be cited as the Railways and Transport Safety Act 2003.

SCHEDULES

Section 15

SCHEDULE 1 Office of Rail Regulation

Constitution

1 (1) The Office of Rail Regulation shall consist of a chairman and at least four other members appointed by the Secretary of State.

(2) The chairman or another member--

(a) may not be appointed for a term of more than five years (but may be reappointed),

(b) may resign by notice in writing to the Secretary of State, and

(3) Before appointing a member other than the chairman the Secretary of State shall consult the chairman.

2 The Secretary of State may dismiss a member of the Office by notice in writing on the grounds that the member--

(a) has been absent from meetings of the Office without permission of the Office during a period of more than three months,

(b) has a financial or other personal interest which is likely to influence the performance of his functions as a member,

(d) has had his estate sequestrated in Scotland or, under Scots law, has made a composition or arrangement with, or granted a trust deed for, his creditors,

(e) has misbehaved, or

(f) is unable, unfit or unwilling to perform his functions as a member.

Staff

3 (1) The Office shall appoint a Chief Executive.

(2) Before appointing a Chief Executive the Office shall--

(a) consult the Secretary of State, and

(b) obtain the Treasury's approval of the terms and conditions of appointment.

4 (1) The Office may appoint other employees.

(2) The power under sub-paragraph (1) may be exercised only if the Office has the approval of the Treasury as to--

(a) numbers, and

(b) terms and conditions of employment.

5 Service as an employee of the Office is employment in the civil service of the State.

Proceedings

6 The Office may establish one or more committees (which may include persons who are neither members of nor employed by the Office).

7 The Office may delegate a function to--

(a) the Chief Executive or another employee, or

(b) a committee.

8 The Office shall--

(a) determine arrangements for the conduct of its proceedings (which may, in particular, include arrangements for a quorum), and

(b) publish those arrangements.

9 (1) The Office may do anything which it thinks necessary or expedient for the purpose of or in connection with the performance of its functions.

(2) Sub-paragraph (1) is subject to paragraph 16.

10 The validity of any proceedings of the Office shall not be affected by--

(a) a vacancy, or

(b) a defective appointment.

Money

11 The Office may with the approval of the Secretary of State make to or in respect of members of the Office, employees or committee-members payments by way of or in respect of--

(a) remuneration;

(b) pension;

(d) expenses.

12 (1) This paragraph applies where an employee of the Office becomes a member of the Office.

(2) The Secretary of State may determine that the person's term as a member shall be treated for the purposes of a scheme under section 1 of the Superannuation Act 1972 (c. 11) (civil service pension scheme) as employment in the civil service of the State.

13 If the Secretary of State thinks that special circumstances of a person's ceasing to be a member of the Office make it appropriate to pay him compensation, the Office may pay him compensation of an amount approved by the Secretary of State (whether or not he receives other benefits by way of pension).

14 The Office may incur expenditure in connection with advisory or other services provided to the Office.

15 Expenditure incurred by the Office in connection with the performance of its functions shall (to the extent not met by other income of the Office) be paid out of money provided by Parliament.

16 The Office may not borrow money.

Conflict of interest

17 (1) Before appointing a person as a member of the Office the Secretary of State shall satisfy himself that the person neither has nor is expected to acquire a financial or other personal interest which is likely to influence the performance of his functions as a member.

(2) From time to time the Secretary of State shall satisfy himself that no member of the Office has a financial or other personal interest which is likely to influence the performance of his functions as a member.

18 (1) Procedural arrangements made by the Office under paragraph 8 shall include arrangements under which a member, employee or committee-member who has a financial or other personal interest which is likely to influence his performance of a particular function is obliged--

(a) to declare the interest, and

(b) to withdraw from the performance of the function to the relevant extent.

(2) Procedural arrangements made by the Office under paragraph 8 shall include arrangements under which a member, employee or committee-member who has a financial or other personal interest which is relevant to a particular function but does not fall under sub-paragraph (1) is obliged--

(a) to declare the interest, and

(b) unless the members of the Office direct otherwise, to withdraw from the performance of the function to the relevant extent.

Section 16

SCHEDULE 2 Abolition of Rail Regulator: Consequential Amendments

Part 1 Railways Act 1993 (c. 43)

1 The Railways Act 1993 shall be amended as follows.

2 Section 1 and Schedule 1 (the Rail Regulator) shall cease to have effect.

3 Subject to the following paragraphs of this Schedule, in the provisions specified in the following table--

(a) for "the Regulator" substitute "the Office of Rail Regulation",

(b) for "he" and "him", where they refer only to the Regulator, substitute "it", and

Section	Description	Section	Description
Section 4	General duties	Section 22B	Applications for directions
Section 6	Unauthorised operators	Section 22C	Amendment: supplementary
Section 7	Exemptions	Section 24	Exemption of passenger services
Section 7A	Consumer protection conditions	Section 26	Invitations to tender
Section 8	Licences	Section 43	Closures: notification &c.
Section 9	Conditions of licences	Section 46	Variation of closure conditions
Section 11	Assignment of licences	Section 46A	General determinations
Section 12	Modification by agreement	Section 46B	Notification of minor closures
Section 13	Modification references	Section 55	Orders for ensuring compliance
Section 14	Reports on references	Section 56	Procedural requirements
Section 15	Modification following report	Section 57A	Penalties
Section 15A	Power to veto modification	Section 57B	Statement of policy
Section 15B	Modification by Commission	Section 57C	Procedural requirements for penalties
Section 15C	Supplementary	Section 67	Respective functions
Section 16	Modification by order	Section 68	Investigatory functions
Section 16A	Provision &c. of facilities	Section 69	General functions
Section 16B	Exemption	Section 71	Publication of information
Section 16C	Applications for directions	Section 72	Keeping of register: Regulator
Section 16D	Procedure	Section 73	Keeping of register: Authority
Section 16E	Decisions: adequate reward	Section 74	Reports: Regulator
Section 16F	Decisions: other provisions	Section 75	Reports: Authority
Section 16G	Directions	Section 76	Rail Passengers' Council
Section 16H	Code of Practice	Section 77	Rail Passengers' Committees
Section 16I	Supplementary	Section 79	Annual reports
Section 17	Access agreements: directions	Section 95	Transfer schemes: power to require information
Section 18	Access agreements: approval	Section 118	National emergency
Section 19	Access agreements: use of installations	Section 145	Disclosure of information
Section 19A	Review of access charges	Schedule 2	Rail Passengers' Committees
Section 20	Exemption	Schedule 3	Rail Passengers' Council
Section 21	Model clauses	Schedule 4	Access agreements
Section 22	Amendment	Schedule 4A	Review of access charges
Section 22A	Directions to amend

4 In section 7 (exemptions from section 6)--

(a) in subsection (3)(b) for "it" substitute "the exemption", and

(b) in subsection (8) after "he" insert "or it".

5 In section 8(4)(a) and (b) (licences) after "he" insert "or it".

6 In section 9(3)(f) (conditions of licences) after "he" and "him" insert "or it".

7 In section 15(4A) (modification following report)--

(a) omit "he or", and

(b) in paragraphs (a) and (b) omit "it proposes to".

8 In section 15C(3) (sections 15A and 15B: supplementary)--

(a) after "shall" insert "each", and

(b) in each place, omit "his or".

9 In section 20(3)(b) (exemption of railway facilities from sections 17, 18 and 22A) for "it" substitute "the exemption".

10 In section 21(5) (model clauses for access contracts)--

(a) after "any" insert "of its", and

(b) omit "of his".

11 In section 55(5ZA)(a) (orders for securing compliance) for the second "it" substitute "the Authority".

12 In section 57A(5)(a) (penalties) for the second "it" substitute "the Authority".

13 In section 57B (statement of policy)--

(a) in subsection (3) omit "or his", and

(b) in subsection (4)(a) omit "his or".

14 In section 74 (reports)--

(a) in subsection (1) for "after the end of the first relevant financial year and of each subsequent financial year," substitute "after the end of each financial year,", and

(b) in subsection (8) omit the definition of "first relevant financial year".

15 In section 76(5A) (matters referred to the Authority by the Rail Passengers' Council) for "him" substitute "the Office of Rail Regulation".

16 In section 77(4A) (matters referred to the Authority by a Rail Passengers' Committee) for "him" substitute "the Office of Rail Regulation".

17 In section 151(1) (general interpretation) omit the definition of "the Regulator".

18 In Part I of Schedule 6 (railway administration orders) for "the Rail Regulator" substitute "the Office of Rail Regulation".

Part 2 Other Acts

General

19 In the following enactments for a reference to the Rail Regulator there shall be substituted a reference to the Office of Rail Regulation--

(a) section 13 of the Transport Act 1962 (c. 46) (Boards' powers of manufacture),

(b) Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments subject to jurisdiction),

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