Railways Act 1993 (c. 43)

(The document as of February, 2008)

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(d) the amount, or the greatest amount, which a person may be charged by way of penalty fare, whether a specified amount or one determined in a prescribed manner;

(e) the authorising of persons to be collectors;

(f) the manner in which charges to penalty fares may be imposed by collectors, including any requirements to be complied with by or in relation to collectors;

(g) the authorising of collectors in prescribed circumstances to require persons on trains or stations to furnish prescribed information;

(h) the display of prescribed notices in places of a prescribed description;

(j) the manner in which, and the period within which, any penalty fare charged to a person is to be paid;

(k) the issue of prescribed documents to persons who are charged, or who have paid, penalty fares;

(l) the recovery of any unpaid penalty fare as a civil debt, including provision--

(i) for or with respect to defences that are to be available in proceedings for the recovery of an unpaid penalty fare; or

(ii) for presumptions of fact to operate, in such proceedings, in favour of the person charged with the penalty fare, but subject to compliance with prescribed procedural requirements;

(m) the retention, by persons by or on behalf of whom charges to penalty fares are imposed, of sums paid by way of penalty fare;

(n) the remission of liability to pay penalty fares and the repayment of sums paid by way of penalty fare;

(o) the prevention of a person's being liable both to payment of a penalty fare and to prosecution for a prescribed offence;

(p) the imposition of prohibitions on the charging of penalty fares by or on behalf of persons who are suspected by the Secretary of State or the Regulator, on reasonable grounds, of failing to comply with such requirements imposed by or under the regulations as may be prescribed.

(3) The documents mentioned in subsection (2)(k) above include any document which consists of or includes--

(a) notice of the imposition of a charge to a penalty fare;

(b) a receipt for the payment of a penalty fare; or

(4) Regulations may impose, or make provision for and in connection with the imposition or enforcement of, prescribed requirements in prescribed circumstances on or against a holder of a passenger licence or station licence or a passenger service operator (whether or not one by or on behalf of whom penalty fares are or are to be charged); and, without prejudice to the generality of the foregoing, any such regulations may make provision with respect to--

(a) the display of notices relating to penalty fares;

(b) the provision of facilities for the issue of tickets or other authorities to travel by, be present on, or leave trains or stations;

(5) The functions which may be conferred on the Regulator by regulations include--

(a) functions which involve the exercise by him of judgement or a discretion; and

(b) functions which empower him in prescribed circumstances to impose such conditions or requirements as he may think fit on prescribed persons or on persons of a prescribed class or description.

(6) Regulations may confer power on the Regulator to make by rules any provision which could be made by the Secretary of State by regulations, other than provision for or with respect to any matter specified in--

(a) paragraph (d), (l) or (o) of subsection (2) above; or

(b) subsection (7) below;

and any such rules shall have effect, to such extent as may be prescribed, as if they were regulations.

(7) Regulations may provide that where information is required to be furnished pursuant to the regulations--

(a) a refusal to furnish any such information, or

(b) the furnishing of information which is false in a material particular,

shall, in prescribed circumstances, be an offence punishable on summary conviction by a fine not exceeding level 2 on the standard scale.

(8) Apart from subsection (7) above, nothing in this section creates, or authorises the creation of, any offence.

(9) Regulations may make provision for any area within Great Britain and may make different provision for or in relation to different areas.

(10) Any power of the Regulator to make rules under or by virtue of this section includes power to revoke, amend or re-enact any rules so made; and--

(a) any such rules may make different provision for different cases; and

(b) without prejudice to paragraph (a) above, subsection (9) above shall apply in relation to any such rules as it applies in relation to regulations.

(11) Subsections (2) to (5) above are without prejudice to the generality of subsection (1) above.

(12) In this section--

"collectors" means the individuals who perform the function (whether as servants or agents or otherwise) of imposing the charge of a penalty fare on the person liable to pay it under the regulations in each particular case;
"document", without prejudice to the generality of the expression, includes any badge, token, or photograph or any other form of identification, certification or authentication;
"prescribed" means specified in, or determined in accordance with, regulations;
"regulations" means regulations under subsection (1) above;
"station" includes a reference to a part of a station;
"ticket or other authority" shall be construed in accordance with subsection (1) above;
"train" includes a reference to a part of a train;

and, subject to that, expressions used in Part I above and in this section have the same meaning in this section as they have in that Part.

131 Modification of Restrictive Trade Practices Act 1976

(1) The [1976 c. 34.] Restrictive Trade Practices Act 1976 (the "1976 Act") shall not apply to an agreement relating to the provision of railway services if the making of the agreement, and the inclusion in it of each provision by virtue of which the 1976 Act would (apart from this subsection) apply to the agreement, is required or approved--

(a) by the Secretary of State or the Regulator, in pursuance of any function assigned or transferred to him under or by virtue of any provision of this Act (other than this section);

(b) by or under any agreement the making of which is required or approved by the Secretary of State or the Regulator in pursuance of any such function; or

(2) In subsection (3) below, "relevant agreement" means an agreement--

(a) which relates to the provision of railway services; and

(b) to which (notwithstanding the provisions of subsection (1) above) the 1976 Act applies.

(3) If it appears to the Secretary of State--

(a) that those provisions of a relevant agreement, or of relevant agreements of some particular class or description, by virtue of which the 1976 Act applies to that agreement or those agreements do not have, and are not intended or likely to have, to any significant extent the effect of restricting, distorting or preventing competition, or

(b) that all or any of those provisions have, or are intended or likely to have, that effect to a significant extent, but that the effect is not greater than is necessary for--

(i) the protection of the interests of users of railway services,

(ii) the promotion of the use of any railway network in Great Britain or elsewhere for the carriage of passengers and goods or the development of any such railway network,

(iii) the promotion of efficiency and economy on the part of persons providing railway services, or

(iv) the promotion of measures designed to facilitate the making by passengers of journeys which involve use of the services of more than one passenger service operator,

he may give a direction to the Director requiring him not to make an application to the Restrictive Practices Court under Part I of the 1976 Act in respect of that relevant agreement or, as the case may be, any relevant agreement of that class or description.

(4) The Secretary of State may vary or revoke any direction given under subsection (3) above if he is satisfied that there has been a material change of circumstances such that--

(a) the grounds for the direction have ceased to exist; or

(b) there are grounds for giving a different direction;

and where the Secretary of State so varies or revokes any direction, he shall give notice of the variation or revocation to the Director.

(5) In this section "agreement" has the same meaning as in the 1976 Act; and, subject to that, expressions which are used in this section and in Part I above have the same meaning in this section as they have in that Part.

Transport police

132 Schemes for the organisation etc. of transport police

(1) The Secretary of State may make a scheme for the organisation, control and administration of the transport police employed by the Board.

(2) A scheme may only be made after consultation with the Board and with--

(a) persons to whom the Board is for the time being making available the services of transport police, or

(b) such bodies or persons appearing to the Secretary of State to be representative of those persons as he may consider appropriate.

(3) A scheme may make provision enabling the Board to make an agreement--

(a) with any such person as may be specified in the scheme, or

(b) with any person falling within any such class or description of person as may be so specified,

for making the services of transport police available to that person for such period, to such extent, and on such terms, as may be specified in the agreement.

(4) A scheme which makes such provision as is mentioned in subsection (3) above shall also make provision for the method of settling any dispute in relation to transport police which may arise between the Board and the person with whom any such agreement as is mentioned in that subsection is made.

(5) Where the Board makes any such agreement as is mentioned in subsection (3) above, transport police may act, in accordance with the terms of the agreement, as constables in, on and in the vicinity of any premises owned by the person with whom the agreement is made, notwithstanding the provisions of section 53(1) of the [1949 c. xxix.] British Transport Commission Act 1949 or section 53(4) of that Act as it applies to Scotland (which restrict the places in which they may so act).

(6) A scheme may contain such supplemental, incidental, consequential or transitional provision as the Secretary of State may consider appropriate.

(7) A scheme may make modifications consequential on its provisions in section 53 of the [1949 c. xxix.] British Transport Commission Act 1949.

(8) Schedule 10 to this Act shall have effect for the purpose of making provision consequential upon the provisions of this section.

(9) The power to make a scheme shall be exercisable by statutory instrument, and a statutory instrument containing a scheme shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) In this section--

(a) "transport police" means constables appointed under section 53 of the British Transport Commission Act 1949; and

(b) "scheme" means a scheme made under subsection (1) above.

133 Terms and conditions of employment of transport police

(1) There shall continue to be a conference consisting of an equal number of representatives of the Board and of transport police to which all questions relating to rates of pay, hours of duty and conditions of service of transport police shall be referred.

(2) In the event of disagreement between the two sides of the conference, an independent chairman shall be appointed with power to give decisions which shall have effect as decisions of the conference.

(3) The independent chairman shall be chosen by agreement between the two sides of the conference or, failing such agreement, shall be nominated by the Secretary of State.

(4) In this section "transport police" has the meaning given in section 132(10) above.

Pensions and other benefits

134 Pensions

(1) Schedule 11 to this Act shall have effect.

(2) Section 74 of the [1962 c. 46.] Transport Act 1962 (power of Secretary of State to make orders about pensions) shall cease to have effect, so far as relating to the Board and (within the meaning of that section) its subsidiaries, on the coming into force of subsection (1) above.

(3) Subsection (2) above is without prejudice to the continuing validity of any orders made under that section.

135 Concessionary travel for railway staff etc

(1) The conditions that may be included in a passenger licence include conditions in respect of arrangements for the provision of staff concessionary travel.

(2) The Franchising Director may promote the provision of staff concessionary travel.

(3) The Franchising Director may enter into agreements or other arrangements concerning the provision of staff concessionary travel.

(4) Franchise agreements may include conditions with respect to the provision of staff concessionary travel.

(5) Agreements or arrangements under section 51 or 52 above may include provisions with respect to the provision of staff concessionary travel.

(6) The Franchising Director may perform any of his functions--

(a) under or by virtue of subsections (2) to (5) above, or

(b) under any agreements or arrangements entered into, or conditions or provisions included, by virtue of those subsections,

by entering into agreements or arrangements under which other persons (in this subsection referred to as "sub-contractors") are to perform the function in question; and subsections (2) and (3) of section 51 above shall apply in relation to agreements or arrangements under this subsection as they apply in relation to agreements or arrangements under subsection (1) of that section, but taking references to sub-contractors, within the meaning of that subsection, as references to sub-contractors, within the meaning of this subsection.

(7) Without prejudice to the generality of subsection (3) above, the agreements or arrangements that may be made under that subsection include agreements or arrangements under which the Franchising Director undertakes to secure the provision of staff concessionary travel (as well as agreements or arrangements under which some other person undertakes to provide, or to secure the provision of, staff concessionary travel).

(8) Subsection (7) above applies, with the necessary modifications, in relation to--

(a) the conditions mentioned in subsection (4) above, and

(b) the provisions mentioned in subsection (5) above,

as it applies in relation to the agreements and arrangements mentioned in subsection (3) above.

(9) This section is without prejudice to the generality of--

(a) the conditions which may be included in licences, or

(b) the provision which may be made in franchise agreements or in agreements or other arrangements under section 51 or 52 above,

whether or not with respect to free or concessionary travel; and subsections (4) and (5) above are without prejudice to the generality of subsection (3) above.

(10) Any sums required by the Franchising Director for making payments under or by virtue of this section shall be paid by the Secretary of State out of money provided by Parliament.

(11) Any sums received by the Franchising Director under or by virtue of this section shall be paid into the Consolidated Fund.

(12) Any reference in this section to the provision of "staff concessionary travel" is a reference to the provision of free travel, or travel at concessionary rates, for, or for some class or description of, persons, or dependants of persons, who are or have at any time been employed by--

(a) a person carrying on a business of providing railway services; or

(b) a person providing welfare or health care services to persons employed by a person falling within paragraph (a) above.

(13) In the application of subsection (12) above in relation to any such agreement, arrangements, conditions or provisions as are mentioned in this section, it is immaterial whether or not the provision of free travel, or travel at concessionary rates, mentioned in that subsection extends, in the case of the agreement, arrangements, conditions or provisions in question, only to persons falling within that subsection or to such persons and others; and the reference in subsection (2) above to promoting the provision of staff concessionary travel shall be construed accordingly.

(14) Expressions used in this section and in Part I above have the same meaning in this section as they have in that Part.

Financial provisions

136 Grants and subsidies

(1) The Secretary of State shall continue to be the competent authority of Great Britain in relation to the railways financial status regulations.

(2) The Secretary of State shall be the competent authority of Great Britain, in relation to persons who operate services for the carriage of goods by railway, for the purposes of the public service obligations regulations.

(3) The following persons, that is to say--

(a) the Secretary of State,

(b) the Franchising Director,

(d) to the extent specified in subsection (5) below--

(i) every non-metropolitan county or district council in England or in Wales and every regional or islands council in Scotland, and

(ii) every London borough council and the Common Council of the City of London,

shall each be the competent authority of Great Britain in relation to passenger service operators for the purposes of the public service obligations regulations.

(4) For the purposes of subsection (3) above, a Passenger Transport Executive shall only be the competent authority in relation to those railway passenger services--

(a) which the Executive provides, or secures are provided, by virtue of section 10(1) or 20(2)(b) of the [1968 c. 73.] Transport Act 1968; or

(b) which, in consequence of their being specified in a statement submitted to the Franchising Director under subsection (5) of section 34 above, are provided under a franchise agreement to which the Executive is a party.

(5) For the purposes of subsection (3) above--

(a) a council falling within paragraph (d)(i) of that subsection shall only be the competent authority in relation to those railway passenger services whose provision the council secures under section 63 of the [1985 c. 67.] Transport Act 1985 (passenger transport in areas other than passenger transport areas); and

(b) a council falling within paragraph (d)(ii) of that subsection shall only be the competent authority in relation to those railway passenger services in respect of which the council enters into and carries out agreements under section 59 of the [1984 c. 32.] London Regional Transport Act 1984 (provision of extra transport services in London).

(6) The Secretary of State and the Franchising Director may each, in his capacity as competent authority by virtue of subsection (3) above, give directions to any passenger service operator imposing on him obligations with respect to the provision or operation of railway passenger services.

(7) It shall fall to the Secretary of State or the Franchising Director to make any payments of compensation which are required to be made to a passenger service operator by any provision of the public service obligations regulations in respect of any obligations imposed on that operator by directions under subsection (6) above, and the Secretary of State or the Franchising Director may, subject to and in accordance with the provisions of those regulations, determine the manner of calculating, and the conditions applicable to, those payments.

(8) The power of giving directions under subsection (6) above shall be so exercised that the aggregate amount of any compensation payable under the public service obligations regulations, for periods ending after 1st April 1992, in respect of all obligations imposed by directions under that subsection shall not exceed £3,000 million or such greater sum not exceeding £5,000 million as the Secretary of State may by order specify.

(9) A statutory instrument containing an order under subsection (8) above shall not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.

(10) Without prejudice to any right which the Secretary of State or the Franchising Director may have under this Act to bring civil proceedings in respect of any contravention or apprehended contravention of any directions under subsection (6) above, the obligations imposed by any such directions shall not give rise to any form of duty or liability enforceable against a passenger service operator by proceedings before any court to which the passenger service operator would not otherwise be subject.

(11) In this section--

"the public service obligations regulations" means Council Regulation (EEC) No. 1191/69 on public service obligations in transport, as amended by Council Regulation (EEC) No. 1893/91;
"the railways financial status regulations" means Council Regulation (EEC) No. 1192/69 on common rules with respect to the financial status of railway undertakings.

(12) Expressions used in this section and in Part I above have the same meaning in this section as they have in that Part.

(13) Section 3 of the [1974 c. 48.] Railways Act 1974 (which is superseded by this section) shall cease to have effect.

137 Payments by the Secretary of State in respect of track access charges in connection with railway goods services

(1) The Secretary of State may, for the purpose of securing the provision of adequate services for the carriage of goods by railway, enter into agreements with goods service operators under which he undertakes to make payments to the goods service operator in question in respect of all or any part of the track access charges which may be incurred by the goods service operator in connection with the provision of the services to which the agreement relates.

(2) The Secretary of State shall not enter into an agreement by virtue of subsection (1) above unless he is satisfied that benefits of a social or environmental nature are likely to result from the provision of those services for the carriage of goods by railway to which the agreement relates.

(3) Any sums required by the Secretary of State for making payments under agreements entered into by virtue of this section shall be paid out of money provided by Parliament.

(4) In this section--

"goods service operator" means a person who operates services for the carriage of goods by railway;
"track access charge" means any payment required to be made under an access agreement conferring any permission or right to use track;

and expressions used in this section and in Part I above have the same meaning in this section as they have in that Part.

138 Grants and other payments towards facilities for public passenger transport to and from airports, harbours etc

(1) Section 56 of the [1968 c. 73.] Transport Act 1968 (Ministerial grants and local authority payments towards capital expenditure incurred in the provision, improvement or development of facilities for public passenger transport) shall be amended in accordance with the following provisions of this section.

(2) After subsection (2) there shall be inserted--

" (2A) Where a relevant local authority proposes to make payments under subsection (2) of this section in respect of any facilities, that authority may enter into an agreement with the Franchising Director under which the Franchising Director undertakes to exercise franchising functions of his, to refrain from exercising such functions, or to exercise such functions in a particular manner, in relation to the use of the facilities in question.

(2B) In subsection (2A) of this section, the following expressions have the following meanings respectively, that is to say--

"the Franchising Director" means the Director of Passenger Rail Franchising;
"franchising functions", in relation to the Franchising Director, has the same meaning as it has in relation to him in section 54 of the Railways Act 1993;
"relevant local authority" means--
(a)
a non-metropolitan county or district council in England or in Wales;
(b)
a London borough council or the Common Council of the City of London; or
(c)
a regional or islands council in Scotland;

and any reference to a relevant local authority shall be taken to include a reference to any two or more such authorities acting jointly. "

(3) That section shall have effect, and be taken always to have had effect, with the insertion after subsection (3) (which prevents the making of any such grants or payments for the purposes of the provision, improvement or development of an airfield, harbour, dock, pier or jetty) of the following subsection--

" (3A) Nothing in subsection (3) of this section precludes the making of grants under subsection (1) or payments under subsection (2) thereof for the purposes of the provision, improvement or development of facilities for or in connection with public passenger transport by land to or from an airfield, harbour, dock, pier or jetty. "

139 Grants to assist the provision of facilities for freight haulage by railway

(1) The Secretary of State may, out of money provided by Parliament, make grants in accordance with this section towards the provision of any facilities which are to be provided for or in connection with the carriage of goods by railway or the loading or unloading of goods carried or intended to be carried by railway.

(2) The Secretary of State shall not make a grant under this section unless he is satisfied--

(a) that, if the facilities in question are provided, they will be used for or in connection with the carriage, or the loading or unloading, of goods of particular classes or descriptions;

(b) that if the facilities are not provided, those goods will be carried by road; and

(3) Grants under this section shall only be made towards expenditure which appears to the Secretary of State to be expenditure of a capital nature which is to be incurred in providing the facilities in question.

(4) Without prejudice to the generality of subsection (1) above, the facilities towards the provision of which grants under this section may be made include track, rolling stock, depots, access roads and equipment for use in connection with the carriage, loading or unloading of goods.

(5) No grant under this section shall be made except in pursuance of an application made to the Secretary of State by the person who intends to provide the facilities; and any such application shall be supported by such evidence as the Secretary of State may require with respect to--

(a) the use which is to be made of the facilities for or in connection with the carriage of goods by railway or the loading or unloading of goods carried or intended to be carried by railway;

(b) the amount and destination of the goods in connection with which the facilities are to be used; and

(c) the matters as to which he is required by subsection (2)(b) and (c) above to be satisfied if he is to make a grant under this section.

(6) The Secretary of State may, in making a grant under this section, impose such terms and conditions as he thinks fit.

(7) Expressions used in this section and in Part I above have the same meaning in this section as they have in that Part.

(8) Section 8 of the [1974 c. 48.] Railways Act 1974 (freight facilities grants) shall cease to have effect.

140 Grants to assist the provision of facilities for freight haulage by inland waterway

(1) The Secretary of State may, out of money provided by Parliament, make grants in accordance with this section towards the provision of any facilities which are to be provided for or in connection with the carriage of goods by inland waterway or the loading or unloading of goods carried or intended to be carried by inland waterway.

(2) The Secretary of State shall not make a grant under this section unless he is satisfied--

(a) that, if the facilities in question are provided, they will be used for or in connection with the carriage, or the loading or unloading, of goods of particular classes or descriptions;

(b) that if the facilities are not provided, those goods will be carried by road; and

(4) Without prejudice to the generality of subsection (1) above, the facilities towards the provision of which grants under this section may be made include cargo-carrying craft, inland waterway terminals, wharves, access roads and equipment for use in connection with the carriage, loading or unloading of goods.

(a) the use which is to be made of the facilities for or in connection with the carriage of goods by inland waterway or the loading or unloading of goods carried or intended to be carried by inland waterway;

(b) the amount and destination of the goods in connection with which the facilities are to be used; and

(c) the matters as to which he is required by subsection (2)(b) and (c) above to be satisfied if he is to make a grant under this section.

(6) The Secretary of State may, in making a grant under this section, impose such terms and conditions as he thinks fit.

(7) In this section--

"goods" has the same meaning as in Part I above;
"inland waterway" includes every such waterway, whether natural or artificial.

(8) Section 36 of the [1981 c. 56.] Transport Act 1981 (grants to assist the provision of facilities for freight haulage by inland waterway) shall cease to have effect.

141 Financial assistance for employees seeking to acquire franchises or parts of the Board's undertaking etc

(1) If it appears to the Board that any persons employed by the Board, or by any subsidiary of the Board, are taking steps towards--

(a) the submission of such a tender as is mentioned in section 26 above, or

(b) the making of an offer for any part of the Board's undertaking or for any shares of any subsidiary of the Board,

the Board may provide financial assistance to those persons for the purpose of defraying, in whole or in part, any expenses incurred or to be incurred by them for the purposes of the submission of the tender or the making of the offer.

(2) Without prejudice to the generality of the expression, "steps" includes, for the purposes of subsection (1) above, the formation of, or the acquisition of interests in, a company (in this subsection referred to as an "employees' company"); and accordingly--

(a) any reference in that subsection to the submission of a tender or to the making of an offer includes a reference to the submission of a tender or, as the case may be, to the making of an offer by an employees' company; and

(b) the reference to expenses incurred or to be incurred by those persons includes a reference to expenses incurred or to be incurred by an employees' company.

(3) The Secretary of State may give the Board directions with respect to the provision of financial assistance under this section.

(4) Without prejudice to the generality of subsection (3) above, any such direction may, in particular--

(a) specify a limit on the total amount of the financial assistance which may be provided under this section or on the amount, or the total amount, which may be so provided--

(i) in cases of any particular class or description specified in the direction; or

(ii) during any period or periods so specified; or

(b) require the provision of any such financial assistance by the Board to be subject to conditions, including conditions as to repayment.

(5) Expressions used in this section and in Part I or II above have the same meaning in this section as they have in that Part.

142 General financial provisions

There shall be paid out of money provided by Parliament--

(a) any administrative expenses incurred by the Secretary of State or the Treasury in consequence of the provisions of this Act; and

(b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

Supplemental

143 Regulations and orders

(1) Any power under this Act to make regulations, and any power of the Secretary of State under this Act to make orders, shall be exercisable by statutory instrument.

(2) Any statutory instrument--

(a) which contains (whether alone or with other provisions) regulations or an order under this Act made by the Secretary of State, other than an order under section 136(8) above or section 154(2) below, and

(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Any power conferred by this Act to make regulations, and any power conferred by this Act on the Secretary of State to make an order, includes power, exercisable in the same manner, to make such incidental, supplemental, consequential or transitional provision as may appear necessary or expedient to the authority by whom the power to make the regulations or order is exercisable.

(4) Any power under this Act to make regulations, and any power of the Secretary of State under this Act to make an order, may be exercised--

(a) in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes or descriptions of case;

(b) so as to make, as respects the cases in relation to which it is exercised, different provision for different cases or for different classes or descriptions of case.

144 Directions

(1) It shall be the duty of any person to whom a direction is given under this Act to comply with and give effect to that direction; and, without prejudice to the generality of the foregoing, the Board shall, in particular, comply with and give effect to any direction given under section 84, 85, 89, 90 or 113 above--

(a) notwithstanding any duty imposed upon the Board by section 3(1) of the [1962 c. 46.] Transport Act 1962 or section 41(2) of the [1968 c. 73.] Transport Act 1968; and

(b) in the case of a direction under section 89 or 90 above which relates to a subsidiary of the Board, notwithstanding the interests of the subsidiary or any other member of the subsidiary;

and a Passenger Transport Executive shall, in particular, comply with and give effect to any direction under section 33 or 34(17) above, notwithstanding any duty imposed upon the Executive by section 9A or 20 of the [1968 c. 73.] Transport Act 1968.

(2) Without prejudice to any right which any person may have to bring civil proceedings in respect of any contravention or apprehended contravention of any direction given under this Act, compliance with any such direction shall be enforceable by civil proceedings, by the person by whom the direction was given, for an injunction or interdict or for any other appropriate relief.

(3) Any power conferred by this Act to give a direction shall, unless the context otherwise requires, include power to vary or revoke the direction.

(4) Any direction given under this Act shall be in writing.

145 General restrictions on disclosure of information

(1) Subject to the following provisions of this section, no information with respect to any particular business which--

(a) has been obtained under or by virtue of any of the provisions of this Act; and

(b) relates to the affairs of any individual or to any particular business,

shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.

(2) Subsection (1) above does not apply to any disclosure of information which is made--

(a) for the purpose of facilitating the carrying out by the Secretary of State, the Regulator, the Franchising Director or the Monopolies Commission of any of his or, as the case may be, their functions under this Act;

(b) for the purpose of facilitating the carrying out by--

(i) any Minister of the Crown,

(ii) the Director General of Fair Trading,

(iii) the Monopolies Commission,

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