Transport Act 2000

(7A) Any reference in this section to obtaining permission to use a railway facility includes, where the facility is track, permission to connect other track to it.

22

In section 18(9) (access contracts requiring approval of Regulator), after paragraph (a) insert—

(aa) subsection (7A),

.

23

• (1) Section 20 (exemption of railway facilities from sections 17 and 18) is amended as follows.

• (2) In subsections (1), (3) and (13), after “above” insert “ and section 22A below ”.

• (3) In subsection (2), omit the words following paragraph (b).

• (4) In the sidenote, for “and 18” substitute “ , 18 and 22A ”.

24

• (1) Section 27 (transfer of franchise assets and shares) is amended as follows.

• (2) In subsection (8), for “transfer scheme” substitute “ a scheme under Schedule 21 to the Transport Act 2000 ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

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

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In subsections (2) and (4), for “subsection (5)” substitute “ subsections (5) to (5B) ”.

• (4) In subsection (5)(a), for “or, as the case may be, section 5 above” substitute “ above or, as the case may be, section 207 of the Transport Act 2000 ”.

• (5) Omit subsection (12).

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) After subsection (5) insert—

(5A) Subsection (1) above does not prevent the transfer of records in accordance with section 3(4) of the 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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59

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

60

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Omit paragraph 17.

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

63

In article 3(1) of the Railways Act 1993 (Consequential Modifications) (No.2) Order 1999 (amendment of British Transport Commission Act 1949), for “include” substitute “ have effect as ”.

SCHEDULE 28

First appointments to Authority

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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,

• (c) the person or persons to whom the licence or licence exemption was granted, and

• (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 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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bye-laws

5

• (1) The repeal of section 67 of the 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 Transport Act 1962, or

• (b) section 129 of the Railways Act 1993,

which are in force immediately before the coming into force of the repeals of those sections shall continue in force... .

Penalties

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

• (1) The fact that no order has been made under section 57A(3) of the Railways Act 1993 ... 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 Railways Act 1993 ... does not affect the validity of any determination of the amount of any sum payable in accordance with a final or provisional order.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compliance orders

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 56 of the Transport Act 1962

10

Where provision is made for subsections (4) to (6) of section 56 of the Transport Act 1962 (functions of Passengers’ Council and London Transport Users' Committee) to apply in relation to any services or any facilities connected with any services—

• (a) section 76 of the Railways Act 1993 shall not apply in relation to them unless the services are being provided under a franchise agreement, but

• (b) that subsection shall not apply in relation to them if the services are being so provided.

Review of access charges

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closures

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code for protection of disabled rail users

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalty fares

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 Interpretation Act 1978 (effect of repeals).

SCHEDULE 29

Introductory

1

The 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

• (c) in paragraph (c) (particulars), after “examination” insert “ , or is required to submit himself for such a test ”.

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.

• (2) In subsection (1) (application to magistrates’ court)—

• (a) for “submitted himself for any part of an examination of ability to give instruction in the driving of motor cars” substitute “ undergone a relevant examination, or a part of such an examination ”, and

• (b) for “that part of the examination was properly conducted in accordance with regulations” substitute “ the examination or part was properly conducted ”.

• (3) In subsection (2) (order for repayment of fees etc.)—

• (a) for “that part of the examination was not so” substitute “ the examination or part was not properly ”, and

• (b) for “that part” substitute “ the examination or part ”.

• (4) After subsection (3) insert—

(4) In this section “a relevant examination” means— (a) an examination of ability to give instruction in the driving of motor cars, (b) a test of continued ability and fitness to give instruction in the driving of motor cars (or appropriate motor cars), or (c) an emergency control assessment.

Respondent in appeals about instructors

12

In section 131 (appeals against decisions of registrar), insert at the end—

(4G) On an appeal under this section the respondent is the Registrar.

SCHEDULE 30

The Schedule to be inserted after Schedule 1 to the Goods Vehicles (Licensing of Operators) Act 1995 is as follows—

SCHEDULE 31

Part I — Air traffic

Part II — Local transport

Part III — Road user charging and workplace parking levy

Part IV — Railways

Part V — Miscellaneous

CAA’s general duty.

12A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Government financial help.

Directions.

Reports on references.

Exemption from s.132 for specific variations directed by Tribunal

Advanced ticketing schemes

Guarantees under section 31.

Variation or revocation of scheme.

Modification by order under other enactments.

Variation or revocation of scheme.

Penalties.

Renaming of committees.

Securing provision of substitute bus and taxi services.

Financial and procedural changes.

General determinations of minor closures.

Prospective facility owners, proposed facilities etc.

Transfer of Regulator’s functions to Secretary of State.

Training and instructors: minor and consequential amendments.

Detention of vehicle used without operator’s licence.

Quiet lanes and home zones.

Stands etc. for bicycles or motor cycles.

Authority’s duty to continue Board’s practice of indexation.

Financial assistance for inland waterway and sea freight.

Type approval: individual exemptions.

Compulsory driver training courses.

Vehicles subject to regulation as private hire vehicles.

Addition of specified vehicles to operator’s licence.

Stands etc. for bicycles or motor cycles.

House of Commons Disqualification Act 1975 (c.24)

Northern Ireland Assembly Disqualification Act 1975 (c.25)

Civil Aviation Act 1982 (c.16)

Civil Aviation Act 1982 (c.16)

Airports Act 1986 (c.31)

Fair Trading Act 1973 (c.41)

Competition Act 1980 (c.21)

Civil Aviation Act 1982 (c.16)

Competition Act 1998 (c.41)

Civil Aviation Act 1982 (c.16)

Airports Act 1986 (c.31)

Finance Act 1965 (c.25)

Transport Act 1968 (c.73)

Local Government Act 1972 (c.70)

Road Traffic Regulation Act 1984 (c.27)

Transport Act 1985 (c.67)

Greater London Authority Act 1999 (c.29)

Documentary Evidence Act 1868 (c.37)

Public Records Act 1958 (c.51)

Parliamentary Commissioner Act 1967 (c.13)

House of Commons Disqualification Act 1975 (c.24)

Northern Ireland Assembly Disqualification Act 1975 (c.25)

Freedom of Information Act 2000 (c.36)

Transport Act 1968 (c.73)

Insolvency Act 1986 (c.45)

Railways Act 1993 (c.43)

Railway Heritage Act 1996 (c.42)

Channel Tunnel Rail Link Act 1996 (c.61)

Competition Act 1998 (c.41)

Greater London Authority Act 1999 (c.29)

Police and Criminal Evidence Act 1984 (c.60)

Railways Act 1993 (c.43)

Transport Act 1962 (c.46)

Parliamentary Commissioner Act 1967 (c.13)

Transport Act 1968 (c.73)

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

House of Commons Disqualification Act 1975 (c.24)

Channel Tunnel Act 1987 (c.53)

Greater London Authority Act 1999 (c.29)

The Schedule to be inserted after Schedule 4 to the Railways Act 1993 is as follows—

Transport Act 1962 (c.46)

Transport Act 1968 (c.73)

House of Commons Disqualification Act 1975 (c.24)

Transport Act 1980 (c.34)

Transport Act 1985 (c.67)

Channel Tunnel Act 1987 (c.53)

Railways Act 1993 (c.43)

Finance Act 1994 (c.9)

Railway Heritage Act 1996 (c.42)

Channel Tunnel Rail Link Act 1996 (c.61)

Greater London Authority Act 1999 (c.29)

The repeal of section 3(2) of the Civil Aviation (Eurocontrol) Act 1983 does not affect the operation of the words in it from “and that subsection” onwards in relation to any time before the coming into force of the repeal.

Editorial notes