Transport Act 2000

(57A) (1) If the appropriate authority is satisfied that a relevant operator has contravened or is contravening— (a) a relevant condition or requirement, or (b) a final or provisional order made by the appropriate authority, the appropriate authority may impose on the relevant operator a penalty of such amount as is reasonable. (2) A penalty is payable to the Authority. (3) The amount of a penalty imposed on a relevant operator may not exceed 10 per cent. of his turnover determined in accordance with an order made by the Secretary of State; and an order under this subsection shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament. (4) No penalty may be imposed in respect of any contravention of a final or provisional order if provision was made in the order by virtue of section 55(7A) above in relation to the contravention. (5) The Authority shall not impose a penalty on a licence holder or person under closure restrictions unless— (a) it has given notice to the Regulator specifying a period within which he may give notice to it if he considers that the most appropriate way of proceeding is under the Competition Act 1998; (b) that period has expired; and (c) the Regulator has not given notice to the Authority within that period that he so considers (or, if he has, he has withdrawn it). (6) The Regulator shall not impose a penalty if he is satisfied that the most appropriate way of proceeding is under the Competition Act 1998. (57B) (1) The Authority and the Regulator shall each prepare and publish a statement of policy with respect to the imposition of penalties and the determination of their amount. (2) A statement of policy may include provision for a decision whether to impose a penalty, or the determination of the amount of any penalty, in respect of the contravention of any relevant condition or requirement or order to be influenced by— (a) the desirability of securing compliance with that relevant condition or requirement or order; (b) the consequences or likely consequences of anything which has been or is being done or omitted to be done in contravention of that relevant condition or requirement or order; and (c) the desirability of deterring contraventions of relevant conditions and requirements and final and provisional orders. (3) In deciding whether to impose a penalty, and in determining the amount of any penalty, in respect of a contravention the Authority and Regulator shall have regard to any statement of its or his policy published at the time when the contravention occurred. (4) The Authority and Regulator— (a) may at any time alter or replace a statement of his or its policy; and (b) shall publish the altered or replacement statement. (5) The Authority and Regulator shall undertake appropriate consultation when preparing, altering or replacing a statement of policy. (6) The Authority and Regulator shall publish a statement of policy in the manner that appears most suitable for bringing it to the attention of those likely to be affected by it. (7) This section applies in relation to sums required to be paid by virtue of section 55(7A) above as to penalties, but as if— (a) references to the imposition of penalties were to the inclusion in an order of a requirement to pay a sum; (b) references to relevant conditions or requirements were omitted; and (c) the reference in subsection (2)(b) above to anything which has been or is being done or omitted to be done included a reference to anything which is likely to be done or omitted to be done. (57C) (1) Before it imposes a penalty on a relevant operator, the appropriate authority shall give notice— (a) stating that it proposes to impose a penalty on the relevant operator and the amount of the penalty proposed, (b) setting out the relevant condition or requirement or order in question, (c) specifying the acts or omissions which, in its opinion, constitute contraventions of that condition or requirement or order and the other facts which, in its opinion, justify the imposition of a penalty and the amount of the penalty proposed, (d) specifying the manner in which, and place at which, it is proposed to require the penalty to be paid, and (e) specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed penalty may be made, and shall consider any representations or objections which are duly made and not withdrawn. (2) A notice under subsection (1) above shall be given— (a) by publishing the notice in such manner as the appropriate authority considers appropriate; and (b) by serving a copy of the notice on the relevant operator. (3) Where the Regulator serves a copy of a notice under subsection (1) above on a licence holder, he shall also serve a copy on the Authority; and where the Authority so serves a copy of such a notice, it shall also serve a copy on the Regulator. (4) The appropriate authority shall not modify a proposal to impose a penalty except— (a) with the consent of the relevant operator; (b) where the modifications consist of a reduction of the amount of the penalty or a deferral of the date by which it is to be paid; or (c) after complying with the requirements of subsection (5) below. (5) The requirements mentioned in subsection (4)(c) above are that the appropriate authority shall— (a) give to the relevant operator such notice as appears to it requisite of its modified proposal; (b) unless the proposed modifications are trivial, in that notice specify a period (not being less than seven days from the date of service of the notice) within which representations or objections with respect to the proposed modifications may be made; and (c) consider any representations or objections which are duly made and not withdrawn. (6) As soon as practicable after imposing a penalty, the appropriate authority shall give notice— (a) stating that it has imposed a penalty on the relevant operator and its amount; (b) setting out the relevant condition or requirement or order in question; (c) specifying the acts or omissions which, in its opinion, constitute contraventions of that condition or requirement or order and the other facts which, in its opinion, justify the imposition of the penalty and its amount; (d) specifying the manner in which, and place at which, the penalty is to be paid; and (e) specifying the date (not being less than fourteen days from the date of publication of the notice) by which the penalty is to be paid. (7) A notice under subsection (6) above shall be given— (a) by publishing the notice in such manner as the appropriate authority considers appropriate; and (b) by serving a copy of the notice on the relevant operator. (8) The relevant operator may, within 21 days of the date of service on him of the notice under subsection (6) above, make an application to the appropriate authority for it to specify different dates by which different portions of the penalty are to be paid. (57D) (1) No penalty may be imposed in respect of a contravention by a relevant operator— (a) by virtue of paragraph (a) of subsection (1) of section 57A above in a case where no final or provisional order has been made in relation to the contravention, or (b) by virtue of paragraph (b) of that subsection, unless a copy of the notice relating to the penalty under section 57C(1) above is served on the relevant operator within two years of the time of the contravention. (2) No penalty may be imposed in respect of a contravention by a relevant operator by virtue of section 57A(1)(a) above in a case where a final or provisional order has been made in relation to the contravention unless a copy of the notice relating to the penalty under section 57C(1) above is served on the relevant operator— (a) within three months of the confirmation of the provisional order or the making of the final order; or (b) where the provisional order is not confirmed, within six months of the making of the provisional order. (57E) (1) If the whole or any part of a penalty is not paid by the date by which it is to be paid, the unpaid balance from time to time shall carry interest at the rate for the time being specified in section 17 of the Judgments Act 1838. (2) If an application is made under subsection (8) of section 57C above in relation to a penalty, the penalty need not be paid until the application has been determined. (3) If the appropriate authority grants an application under that subsection in relation to a penalty but any portion of the penalty is not paid by the date specified in relation to it by the appropriate authority under that subsection, so much of the penalty as has not already been paid is to be paid immediately. (57F) (1) If the relevant operator to whom a penalty order relates is aggrieved by a penalty and desires to question its validity on the ground— (a) that it was not within the powers of section 57A above, (b) that any of the requirements of section 57C above have not been complied with in relation to it and his interests have been substantially prejudiced by the non-compliance, or (c) that it was unreasonable of the appropriate authority not to grant an application under section 57C(8) above; he may make an application to the court under this section. (2) An application under this section by a person shall be made— (a) where it is on the ground mentioned in subsection (1)(c) above, within 42 days from the date on which he is notified of the decision not to grant the application under section 57C(8) above, and (b) in any other case, within 42 days from the date of service on him of the notice under section 57C(6) above. (3) If an application is made under this section in relation to a penalty, the penalty need not be paid until the application has been determined. (4) On an application under this section on the ground mentioned in subsection (1)(a) or (b) above the court, if satisfied that the ground is established, may quash the penalty or (instead of quashing it) make provision under either or both of paragraphs (a) and (b) of subsection (5) below. (5) The provision referred to in subsection (4) above is— (a) provision substituting a penalty of such lesser amount as the court considers appropriate in all the circumstances of the case; and (b) provision substituting as the date by which the penalty, or any portion of the penalty, is to be paid a date later than that specified in the notice under section 57C(6) above. (6) On an application under this section on the ground mentioned in subsection (1)(c) above the court, if satisfied that the ground is established, may specify different dates by which different portions of the penalty are to be paid. (7) Where the court substitutes a penalty of a lesser amount it may require the payment of interest on the substituted penalty at such rate, and from such date, as it determines; and where it specifies as the date by which the penalty, or a portion of the penalty, is to be paid a date before the determination of the application it may require the payment of interest on the penalty, or portion, from that date at such rate as it determines. (8) Except as provided by this section, the validity of a penalty shall not be questioned by any legal proceedings whatever.

• (2) In section 55 of that Act (orders for securing compliance), for subsection (8) substitute—

(7A) The provision that may be made in a final or provisional order includes, in particular, provision requiring the relevant operator to pay to the Authority in the event of any specified contravention of the order such reasonable sum in respect of the contravention as is specified in, or determined in accordance with, the order in such manner, at such place and by such date as is so specified or determined. (7B) The amount of the sum may not exceed 10 per cent. of the turnover of the relevant operator determined in accordance with an order made by the Secretary of State; and an order under this subsection shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament. (7C) If the whole or any part of the sum is not paid by the date by which it is to be paid, the unpaid balance from time to time shall carry interest at the rate for the time being specified in section 17 of the Judgments Act 1838.

Orders for securing compliance

226

• (1) In section 55 of the Railways Act 1993 (orders for securing compliance)—

• (a) in subsection (5) (cases where order shall not be made or confirmed) omit paragraphs (b) and (c),

• (b) after subsection (5A) insert—

(5B) If the appropriate authority is satisfied— (a) that the relevant operator has agreed to take, and is taking, all such steps as it appears to the appropriate authority for the time being to be appropriate for the relevant operator to take for the purpose of securing or facilitating compliance with the condition or requirement in question, or (b) that the contravention or apprehended contravention will not adversely affect the interests of users of railway services or lead to any increase in public expenditure, it shall only make a final order, or make or confirm a provisional order, if it considers it appropriate to do so.

,

...

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

• (2) In section 56 of that Act (procedural requirements about orders)—

• (a) in subsection (1)(c) (requirement of at least 28 days’ notice for making representations or objections to proposed final order or proposed confirmation of provisional order), for “28” substitute “ 21 ”,

• (b) in subsection (4)(b) (requirement of at least 28 days’ notice for making representations or objections to proposed modifications), for “in that notice specify the period (not being less than 28” substitute “ unless the proposed modifications are trivial, in that notice specify a period (not being less than seven ”, and

• (c) in subsection (6)(b) (requirement of at least 28 days’ notice for making representations or objections to proposal to revoke order), for “28” substitute “ 21 ”.

Consultative committees

Renaming of committees

227

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Schedule 22 makes amendments in consequence of subsection (1).

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

Extension of functions

228

• (1) Section 76 of the Railways Act 1993 (duties of Central Committee and consultative committees) is amended as follows.

• (2) In subsection (1) ..., for paragraph (a) (duty to investigate any matter which relates to the provision of railway passenger services by the Board or a subsidiary, under a franchise agreement or on behalf of the Franchising Director) substitute—

(a) to the provision of railway passenger services, or

.

• (3) In—

• (a) subsection (5)(b) of section 76, ...

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

(matters to be referred), after “that” insert “ a franchisee is contravening, or is likely to contravene, any term of the franchise agreement or that ”.

• (4) After subsection (7) of section 76 insert—

(7A) It shall also be the duty of the Rail Passengers’ Council, so far as it appears expedient from time to time to do so— (a) to keep under review matters affecting the interests of the public in relation to railway passenger services and station services; (b) to make representations to, and consult, such persons as they think appropriate about those matters; and (c) to co-operate with other bodies representing the interests of users of public passenger transport services. (7B) The Secretary of State may, after consultation with the Rail Passengers’ Council, make an order excluding services from the duties imposed by this section; and an order under this subsection— (a) may exclude services of a particular class or description, particular services or services provided by a particular person; (b) may provide that services are excluded subject to compliance with specified conditions; and (c) may not revoke an exclusion except for breach of condition or in accordance with the order which made it. (7C) The Secretary of State may, after consultation with the Rail Passengers’ Council, make an order providing that the duties imposed by this section apply to services of a particular class or description, particular services or services provided by a particular person— (a) only to such extent as is specified by the order; or (b) with such modifications as are so specified.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial and procedural changes

229

Schedule 23 makes amendments of the provisions about the finances and procedures of consultative committees.

Access agreements

Regulator’s general approvals of access agreements etc

230

• (1) In subsection (1) of section 18 of the Railways Act 1993 (access contracts requiring approval of Regulator), after paragraph (b) insert

or (c) the access contract is of a class or description specified in a general approval given by the Regulator;

;

and for the words from “which is” to the end substitute “ shall be void unless one of the conditions in paragraphs (a) to (c) above is satisfied. ”

• (2) After subsection (7) of that section insert—

(7A) Where the Regulator gives or revokes a general approval under subsection (1)(c) above, he shall publish the approval or revocation in such manner as he considers appropriate. (7B) The revocation of a general approval given under subsection (1)(c) above shall not affect the continuing validity of any access contract to which it applied.

• (3) In subsection (3) of section 19 of that Act (installation access contracts requiring approval of Regulator), after paragraph (b) insert

or (c) the installation access contract is of a class or description specified in a general approval given by the Regulator;

;

and for the words from “which is” to the end substitute “ shall be void unless one of the conditions in paragraphs (a) to (c) above is satisfied. ”

• (4) After subsection (5) of that section insert—

(5A) Where the Regulator gives or revokes a general approval under subsection (3)(c) above, he shall publish the approval or revocation in such manner as he considers appropriate. (5B) The revocation of a general approval given under subsection (3)(c) above shall not affect the continuing validity of any installation access contract to which it applied.

• (5) In section 72(2)(b)(v) of that Act (provisions of general approvals under section 22(3) to be entered in register kept by Regulator), after “section” insert “ 18(1)(c), 19(3)(c) or ”.

• (6) In section 83(1) of that Act (interpretation), in the definition of “access agreement”—

• (a) in paragraph (a), for “entered into pursuant to directions under section 17 or 18” substitute “ which satisfies one of the conditions in paragraphs (a) to (c) of section 18(1) ”, and

• (b) in paragraph (b), for “entered into pursuant to directions under section 19” substitute “ which satisfies one of the conditions in paragraphs (a) to (c) of section 19(3) ”.

Review of access charges by Regulator

231

• (1) In the Railways Act 1993, after section 19 insert—

(19A) Schedule 4A to this Act (which contains provision about the review of access charges by the Regulator) shall have effect.

• (2) After Schedule 4 to that Act insert, as Schedule 4A, the Schedule set out in Schedule 24 to this Act.

Amendment of access agreements

232

• (1) In subsection (1) of section 22 of the Railways Act 1993 (amendment of access agreement void unless approved by Regulator), insert at the end “ or is made pursuant to directions under section 22A or 22C below or Schedule 4A to this Act. ”

• (2) After that section insert—

(22A) (1) The Regulator may, on the application of the person permitted by an access agreement to use the whole or part of a railway facility or network installation, give directions requiring the parties to the access agreement to make to the agreement— (a) amendments permitting more extensive use of the railway facility or network installation by the applicant; and (b) any amendments which the Regulator considers necessary or desirable in consequence of those amendments. (2) In subsection (1)(a) above “more extensive use” means— (a) increased use for the purpose for which the applicant is permitted by the access agreement to use the railway facility or network installation, or (b) (in the case of a railway facility) use for any other permitted purpose, and if the applicant is permitted to use only part of the railway facility or network installation, includes use for the purpose for which he is permitted to use it, or (in the case of a railway facility) for any other permitted purpose, of any other part of the railway facility or network installation. (3) In subsection (2) above “permitted purpose”, in relation to a railway facility, means a purpose for which directions may be given in relation to the railway facility under section 17 above. (4) No directions shall be given under this section in relation to a railway facility if and to the extent that— (a) the railway facility is, by virtue of section 20 above, an exempt facility; or (b) performance of the access agreement as amended would necessarily involve the facility owner in being in breach of another access agreement or an international railway access contract. (5) No directions shall be given under this section in relation to a railway facility or network installation if and to the extent that, as a result of an obligation or duty owed by the facility owner or installation owner which arose before the coming into force of section 17 or 19 above, the consent of some other person is required by him before he may make the amendments. (6) Nothing in this section authorises the Regulator to give directions to any person requiring him to grant a lease of the whole or any part of a railway facility or network installation. (7) In this section and section 22B below— (a) “international railway access contract” and “lease” have the same meaning as in section 17 above; and (b) “network installation” has the same meaning as in section 19 above. (22B) (1) Schedule 4 to this Act shall have effect with respect to applications for directions under section 22A above as it has effect with respect to applications for directions under section 17 above (but subject as follows). (2) In its application by virtue of this section Schedule 4 to this Act has effect with the following modifications— (a) in paragraph 1, in the definition of “the facility owner”, for “17(1)” there shall be substituted “22A” and, in the definition of “interested person”, for “enter into the required access contract” there shall be substituted “make the amendments”; (b) in paragraph 2(1), for “which the applicant proposes should be contained in the required access contract” and “to be contained in the required access contract” there shall be substituted “of the proposed amendments”; (c) in paragraph 5(2), for “to the facility owner requiring him to enter into an access contract” there shall be substituted “under section 22A of this Act”; (d) for paragraph 5(2)(a)(i) and (ii) there shall be substituted “the amendments to be made and the date by which they are to be made; and”; (e) in paragraph 6(2), for the words from “facility owner’s” to the end of paragraph (c) there shall be substituted “making of the amendments, the performance of the access agreement as amended or failing to take any step to protect the interests of the interested person in connection with the application for directions or the making of the amendments,”; and (f) in paragraph 6(3), for “any access contract which is entered into” there shall be substituted “the amendments made”; and the definition of “the required access contract”, and the words following that definition, in paragraph 1 and paragraph 5(4) shall be omitted. (3) In its application by virtue of this section in relation to an application relating to an installation access contract Schedule 4 to this Act has effect with the following further modifications— (a) references to the railway facility shall have effect as references to the network installation; (b) references to the facility owner shall have effect as references to the installation owner; and (c) in the definition of “interested person” in paragraph 1, for “17” there shall be substituted “19”. (4) The Regulator may determine that, in their application by virtue of this section in relation to any particular application, paragraphs 3 and 4 of Schedule 4 to this Act shall have effect as if for any of the numbers of days specified in them there were substituted the lower number specified by the Regulator. (22C) (1) The Regulator may give directions requiring the parties to an access agreement to make to the access agreement amendments which are, in his opinion, necessary to give effect to the conditions of a licence or otherwise required in consequence of the conditions of a licence. (2) The Regulator shall not have power to direct or otherwise require amendments to be made to an access agreement except in accordance with section 22A above, subsection (1) above or Schedule 4A to this Act. (3) If an access agreement includes provision for any of its terms to be varied— (a) by agreement of the parties, or (b) by direction or other requirement of the Regulator, a variation made pursuant to that provision shall not be regarded for the purposes of section 22 above or subsection (2) above as an amendment of the agreement.

Prospective facility owners, proposed facilities etc

233

• (1) In section 17(6) of the Railways Act 1993 (directions requiring facility owners to enter into contracts for use of their railway facilities), in the definition of “facility owner”, after paragraph (b) insert “ but also includes a person before he becomes a facility owner; ”.

• (2) In section 19 of that Act (contracts for use of installations comprised in a network)—

• (a) in subsection (9), in the definition of “installation owner”, after paragraph (b) insert “ but also includes a person before he becomes an installation owner; ”, and

• (b) in subsection (11), insert at the end “ and to one which is proposed to be constructed or is in the course of construction. ”

• (3) In section 83 of that Act (interpretation of Part I), after subsection (1) insert—

(1A) In sections 17 to 22C above (and Schedule 4 to this Act) references to a railway facility (including references to any track, station or light maintenance depot) or a network include references to a railway facility (or any track, station or light maintenance depot) or a network which is proposed to be constructed or is in the course of construction.

Closures

Transfer of Regulator’s functions to Secretary of State

234

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

Publication of proposed closures at stations

235

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

Conditions

236

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

Closure of unnecessary track to be minor closure

237

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

General determinations of minor closures

238

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

Operator’s duty to continue

239

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The Board

Transfer of Board’s property etc. to Secretary of State

240

Schedule 25 makes provision for the transfer to the Secretary of State of property, rights and liabilities of the Board.

Winding down and abolition of Board

241

• (1) Section 84 of the Railways Act 1993 (power of Board to form companies) shall apply as if facilitating the carrying into effect of, or of any provision made under, sections 217, 218 and 240 and Schedules 18, 19 and 25 were a purpose specified by the Secretary of State under subsection (1)(d) of that section; and section 85 of that Act (power of Board to make transfer schemes) shall apply as if that were a purpose specified in subsection (3)(b) of that section.

• (2) The Board shall give to the Authority any information, prepare any document and do any other thing which appears to the Authority appropriate for facilitating the carrying into effect of, or of any provision made under, sections 217, 218 and 240 and Schedules 18, 19 and 25.

• (3) The Secretary of State may—

• (a) by order made by statutory instrument reduce the membership of the Board to a chairman and one or more other persons appointed by the Secretary of State, and

• (b) by notice in writing remove from office any member of the Board or vary the terms of his appointment.

• (4) When, after consulting the Board, the Secretary of State considers that it is no longer necessary for the Board to continue to exist, he shall by order made by statutory instrument provide for its dissolution.

• (5) If a person ceases to hold office as chairman or a member of the Board by virtue of subsection (3)(b) or (4) before his term of office would otherwise have expired and the Secretary of State determines that there are special circumstances which make it right that the person should receive compensation—

• (a) if the person ceases to hold office by virtue of subsection (3)(b), the Board, and

• (b) if the person ceases to hold office by virtue of subsection (4), the Secretary of State,

shall pay to the person such compensation as may be determined by the Secretary of State.

• (6) Where an order under subsection (4) provides for the Board to be dissolved with effect from a time which would not, apart from this subsection, be the end of its financial year, the financial year of the Board which is current at that time shall be deemed to end with its dissolution.

• (7) An order under subsection (4) which so provides may contain such provision as the Secretary of State considers appropriate (including provision modifying the effect of any enactment) for the Board or the Authority—

• (a) to prepare accounts for the final financial year of the Board, and

• (b) to make and lay before Parliament a report relating to the carrying out of the Board’s functions during that financial year.

Competition

Licence modifications following Competition Commission report

242

• (1) In section 15 of the Railways Act 1993 (modification of licence conditions following report of Competition Commission), after subsection (4) insert—

(4A) Where (after considering any representations or objections which are duly made and not withdrawn) the Regulator or Authority proposes to make or require the making of modifications under this section, he or it shall give notice to the Competition Commission— (a) setting out the modifications he proposes to make or it proposes to require to be made; and (b) stating the reasons why he proposes to make the modifications or it proposes to require the making of them. (4B) The Regulator or Authority shall include with the notice under subsection (4A) above a copy of any representations and objections which have been considered. (4C) If the period within which a direction may be given by the Competition Commission under section 15A below expires without such a direction being given, the Regulator or Authority shall make, or require the making of, the modifications set out in the notice given under subsection (4A) above. (4D) If a direction is given by the Competition Commission under section 15A(1)(b) below, the Regulator or Authority shall make, or require the making of, such of those modifications as are not specified in the direction.

• (2) After that section insert—

(15A) (1) The Competition Commission may, within the period of four weeks beginning with the day on which they are given notice under section 15(4A) above, give a direction to the Regulator or Authority— (a) not to make, or require the making of, the modifications set out in the notice; or (b) not to make such of those modifications as are specified in the direction. (2) The Secretary of State may, if an application is made to him by the Competition Commission within that period of four weeks, extend the period within which a direction may be given under this section to one of six weeks beginning with the day on which the Competition Commission are given notice under section 15(4A) above. (3) The Competition Commission may give a direction under this section only if the modifications to which it relates do not appear to them requisite for the purpose of remedying or preventing the adverse effects specified in their report on the reference under section 13 above. (4) If the Competition Commission give a direction under this section, they shall give notice— (a) setting out the modifications contained in the notice given under section 15(4A) above; (b) setting out the direction; and (c) stating the reasons why they are giving the direction. (5) A notice under subsection (4) above shall be given— (a) by publishing the notice in such manner as the Competition Commission consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the direction; and (b) by serving a copy of the notice on the holder of the licence. (15B) (1) If the Competition Commission give a direction under section 15A above, they shall themselves make such modifications of the conditions of the licence as appear to them requisite for the purpose of remedying or preventing— (a) the adverse effects specified in their report on the reference under section 13 above; or (b) such of those adverse effects as would not be remedied or prevented by the modifications made by the Regulator, or required to be made by the Authority, under section 15(4D) above. (2) In exercising the function conferred by subsection (1) above, the Competition Commission shall have regard to the matters as respects which duties are imposed on the Regulator by section 4 above. (3) Before making modifications under this section, the Competition Commission shall give notice— (a) stating that they propose to make the modifications and setting out their effect, (b) stating the reasons why they propose to make the modifications, and (c) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made, and shall consider any representations or objections which are duly made and not withdrawn. (4) A notice under subsection (3) above shall be given— (a) by publishing the notice in such manner as the Competition Commission consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the modifications; and (b) by serving a copy of the notice on the holder of the licence. (5) As soon as practicable after making any modifications under this section, the Competition Commission shall send a copy of those modifications to the Regulator, the Authority and the Health and Safety Executive. (15C) (1) The provisions mentioned in subsection (2) below are to apply in relation to the exercise by the Competition Commission of their functions under sections 15A and 15B above as if— (a) in section 82(1) and (2) of the 1973 Act references to a report of the Competition Commission under that Act were references to a notice under section 15A(4) or 15B(3) above; (b) in section 85 of that Act references to an investigation on a reference made to the Competition Commission were references to an investigation by the Competition Commission for the purposes of the exercise of their functions under those sections; and (c) in section 93B of that Act references to the functions of the Competition Commission under that Act were references to their functions under those sections. (2) The provisions are— (a) sections 82(1) and (2) (general provisions as to reports), 85 (attendance of witnesses and production of documents) and 93B (false or misleading information) of the 1973 Act; (b) Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission’s general functions); and (c) section 24 of the 1980 Act (modification of provisions about performance of such functions). (3) For the purpose of assisting the Competition Commission in exercising their functions under sections 15A and 15B above, the Regulator and the Authority shall give to the Competition Commission any information in his or its possession which relates to matters relevant to the exercise of those functions and— (a) is requested by the Competition Commission for that purpose; or (b) is information which, in his or its opinion, it would be appropriate for that purpose to give to the Competition Commission without any such request; and any other assistance which the Competition Commission may require, and which it is within his or its power to give, in relation to any such matters. (4) For the purpose of exercising those functions, the Competition Commission shall take account of any information given to them for that purpose under subsection (3) above.

Competition functions of Regulator

243

• (1) Section 67 of the Railways Act 1993 (functions of Regulator and Director General of Fair Trading) is amended as follows.

• (2) In subsection (3) (concurrent exercise by Regulator and Director of functions under Part I of Competition Act 1998 so far as relating to agreements etc. which relate to supply of railway services), for “railway services” substitute “ services relating to railways ”.

• (3) After that subsection insert—

(3ZA) In subsection (3) above “services relating to railways” means— (a) railway services; (b) the provision or maintenance of rolling stock; (c) the development, maintenance or renewal of a network, station or light maintenance depot; and (d) the development, provision or maintenance of information systems designed wholly or mainly for facilitating the provision of railway services. (3ZB) The Secretary of State may by order amend subsection (3ZA) above; and an order under this subsection shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament.

Pensions

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

244

• (1) The Authority shall make provision for increases in pensions and capital sums to which this section applies broadly corresponding to each increase in official pensions under the Pensions (Increase) Act 1971 and section 59 of the Social Security Pensions Act 1975 (“an official pensions increase”).

• (2) This section applies to a pension or capital sum at any time if—

• (a) at that time it is a pension in payment, a deferred pension or capital sum or a pension or capital sum to which a person’s future entitlement is contingent on the death of another person, and

• (b) the Board either made provision for an increase in it broadly corresponding to an official pensions increase or would have done so if it had been within paragraph (a) at a time when the Board made provision for increases broadly corresponding to an official pensions increase.

• (3) But where it was the practice of the Board, when making increases broadly corresponding to an official pensions increase, in any circumstances—

• (a) not to make provision for an increase, or

• (b) to make provision for an increase of a reduced amount,

subsection (1) does not require the Authority to make in similar circumstances provision for an increase in excess of any for which the Board would have made provision.

Amendments of pension protection provisions

245

• (1) In paragraph 6(2)(a)(ii) of Schedule 11 to the Railways Act 1993 (power to make order providing for pension rights of protected persons to be no less favourable as a result of a transfer of pension rights), after “rights” insert “ (whether made between occupational pension schemes or sections of an occupational pension scheme or otherwise) ”.

• (2) The Railway Pensions (Protection and Designation of Schemes) Order 1994 is amended as follows.

• (3) In article 6 (transfers etc.), insert at the end—

(9) In paragraphs (2), (3), (5), (7)(a) and (b)(i) and (8) references to an occupational pension scheme include a section of such a scheme.

• (4) In article 7(4) (payments on transfers), insert at the end (but not as part of sub-paragraph (b))—

and in this paragraph references to an occupational pension scheme include a section of such a scheme.

• (5) In article 9 (circumstances in which breaks in continuity of employment are disregarded)—

• (a) in paragraph (2), omit “, except to the extent specified in paragraph (3),” and “relevant” (in both places), and

• (b) in paragraph (3), for “this article” substitute “ paragraph (1) ”.

• (6) In article 11(4) (activities to be regarded as the railway industry)—

• (a) after “of Schedule 11 are” insert “ the activities of the Authority or any subsidiary of the Authority and activities consisting of ”, and

• (b) for “in each case” substitute “ in each of the cases in sub-paragraphs (a) to (d) ”.

• (7) Omit paragraphs 13 and 14 (arbitration).

• (8) The amendments made by subsections (3) to (7) shall be treated as if made by an order made under Schedule 11 to the Railways Act 1993 (and, accordingly, may be varied or revoked by an order so made).

Miscellaneous

Passenger Transport Executives

246

• (1) Section 34 of the Railways Act 1993 (Passenger Transport Authorities and Executives: franchising) is amended as follows.

• (2) After subsection (8) insert—

(8A) The Authority shall not do anything under subsection (8) above if or to the extent that to do it would prevent or seriously hinder the Authority— (a) from complying with any directions given to it by the Secretary of State under section 207(5) of the Transport Act 2000 or from having regard to any guidance so given; (b) from complying with any directions given to it by the Scottish Ministers under section 208 of that Act with which it must comply or from having regard to any guidance so given to which it must have regard; or (c) from exercising any of its functions in a manner which is consistent with its financial framework. (8B) The Authority need not do anything under subsection (8) above if or to the extent that to do it would have an adverse effect on the provision of services for the carriage of passengers or goods by railway (whether inside or outside the Passenger Transport Executive’s passenger transport area). (8C) The Authority need not do anything under subsection (8) above if or to the extent that to do it would increase the amount of any expenditure of the Authority under agreements or other arrangements entered into (in accordance with a franchise agreement) with— (a) the franchise operator; (b) the franchisee; or (c) any servant, agent or independent contractor of the franchise operator or franchisee.

• (3) In subsection (17) (disputes between Authority and Passenger Transport Executives: directions by Secretary of State), for “with respect to the dispute” substitute “ with respect to the proposal or franchise agreement ”.

Standards

247

• (1) The Secretary of State may by regulations make provision for the setting of standards to be complied with in relation to railway assets, railway vehicles or railway services.

• (2) The regulations may provide—

• (a) for standards to be set (and from time to time varied), or

• (b) for compliance with standards to be monitored,

by persons specified in, or designated in accordance with, the regulations.

• (3) The regulations may authorise the setting of standards which involve obtaining the approval of any person.

• (4) The regulations may authorise the charging of fees in respect of—

• (a) the monitoring of compliance with standards, or

• (b) the seeking of approvals in connection with standards.

• (5) The regulations may impose requirements to provide information on persons who—

• (a) are required to comply with standards, or

• (b) set, or monitor compliance with, standards,

and prohibit the giving of false information.

• (6) The regulations may create criminal offences in respect of failures to comply with requirements imposed by the regulations.

• (7) The regulations may provide for such offences to be triable—

• (a) only summarily, or

• (b) either summarily or on indictment.

• (8) The regulations may provide for an offence triable only summarily to be punishable on conviction with a fine not exceeding—

• (a) level 5 on the standard scale, or

• (b) such lower amount as may be prescribed.

• (9) The regulations may provide for an offence triable either summarily or on indictment to be punishable—

• (a) on summary conviction, with a fine not exceeding the statutory maximum or such lower amount as may be prescribed, or

• (b) on conviction on indictment, with a fine.

• (10) The regulations may make different provision for different cases and may (in particular) include provision—

• (a) authorising conditional or unconditional dispensation from requirements imposed by the regulations which would otherwise apply, or

• (b) requiring compliance with requirements so imposed which would not otherwise apply,

in particular cases or descriptions of case.

• (11) The regulations may include such incidental, consequential, supplementary or transitional provisions or savings as the Secretary of State may consider appropriate, including (in particular) provision modifying any provision made by or under any other enactment.

• (12) The regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Substitute services to be suitable for disabled passengers

248

• (1) This section applies where—

• (a) a person who provides services for the carriage of passengers by railway provides or secures the provision of substitute road services, or

• (b) the provision of such services is secured by the Secretary of State, the Scottish Ministers or the National Assembly for Wales.

• (2) In providing or securing the provision of the services, the person providing them, the Secretary of State, the Scottish Ministers or the National Assembly for Wales shall ensure, so far as is reasonably practicable, that the substitute road services allow disabled passengers to undertake their journeys safely and in reasonable comfort.

• (3) In the event of any failure by a person to comply with subsection (2), he ... shall be liable to pay damages in respect of any expenditure reasonably incurred, or other loss sustained, by a disabled passenger in consequence of the failure.

• (4) The Secretary of State may by order grant exemption from subsection (2) to—

• (a) any class or description of persons who provide services for the carriage of passengers by railway, or

• (b) any particular person who provides such services,

in respect of all substitute road services or any class or description of such services.

• (5) Before making an order under subsection (4) the Secretary of State shall consult—

• (a) the Disabled Persons Transport Advisory Committee, and

• (b) such other representative organisations as he thinks fit.

• (6) An order under subsection (4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) In this section “substitute road services” means services for the carriage of passengers by road which are provided where railway services have been temporarily interrupted or discontinued.

• (8) For the purposes of this section a passenger is disabled if he has a disability, or has suffered an injury, which seriously impairs his ability to walk.

Freight assistance by Scottish Ministers and Welsh Assembly

249

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

Taxation of transfers

250

Schedule 26 contains provisions about tax.

Abolition of requirements for Treasury approval

251

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

Chapter III — Supplementary

Part IV: minor and consequential amendments

252

Schedule 27 makes minor and consequential amendments relating to railways.

Part IV: transitionals and savings

253

Schedule 28 makes transitional provisions and savings relating to this Part.

Interpretation of Part IV

254

Expressions which are used both in this Part and in the Railways Act 1993 and are given a meaning for the purposes of that Act, or Part I of that Act, have the same meaning in this Part.

Part V — Miscellaneous and supplementary

Charges for street works on highway

Charge for whole duration of works

255

• (1) In the New Roads and Street Works Act 1991, after section 74 insert—

(74A) (1) The Secretary of State may make provision by regulations requiring an undertaker executing street works in a maintainable highway to pay to the highway authority a charge determined, in the prescribed manner, by reference to the duration of the works. (2) The regulations shall not require charges to be paid to a local highway authority unless the Secretary of State has approved it for the purposes of the regulations by order made by statutory instrument. (3) The regulations may prescribe exemptions from the requirement to pay charges. (4) The regulations may prescribe different rates of charge according to— (a) the extent to which the surface of the highway is affected by the works, (b) the place and time at which the works are executed, and (c) such other factors as appear to the Secretary of State to be relevant. (5) The regulations may— (a) prescribe more than one rate of charge in respect of the same description of works, and (b) provide that charges are to be paid in respect of any works of that description at the rate which appears to the highway authority to be appropriate in relation to those works. (6) The regulations may make provision for the determination of the duration of works for the purposes of the regulations. (7) And they may, in particular, make provision for works to be treated as beginning or ending on the giving of, or as stated in, a notice given by the undertaker to the highway authority, in the prescribed manner, in accordance with a requirement imposed by the regulations. (8) The regulations may make provision as to the time and manner of making payment of charges. (9) The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge— (a) in any particular case, (b) in such classes of case as they may decide or as may be prescribed, or (c) in all cases or in all cases other than a particular case or such class of case as they may decide or as may be prescribed. (10) The regulations may make provision as to— (a) the application by local highway authorities of sums paid by way of charges, and (b) the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges. (11) The regulations may create in respect of any failure to give a notice required by the regulations a criminal offence triable summarily and punishable with a fine not exceeding level 3 on the standard scale. (12) The regulations may require disputes of any prescribed description to be referred to an arbitrator appointed in accordance with the regulations. (13) The first regulations under this section shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament; subsequent regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament. (74B) Nothing shall be taken to prevent the imposition of charges by both regulations under sections 74 and regulations under section 74A in respect of the execution of the same works at the same time.

• (2) The reference to the New Roads and Street Works Act 1991 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 is to be treated as referring to that Act as amended by this section and section 256.

Charges where works unreasonably prolonged

256

• (1) Section 74 of the New Roads and Street Works Act 1991 (charges where works unreasonably prolonged) is amended as follows.

• (2) After subsection (2) insert—

(2A) The regulations may prescribe exemptions from the requirement to pay charges.

• (3) In subsection (3)—

• (a) for “may submit to the authority” substitute “ shall give to the authority, in such manner as may be prescribed, notice containing ”, and

• (b) for “so submitted” substitute “ contained in a notice given to an authority in such manner ”.

• (4) In subsection (4), for “may submit” substitute “ shall give to the authority, in such manner as may be prescribed, notice containing ”.

• (5) After subsection (5) insert—

(5A) The regulations may— (a) prescribe more than one rate of charge in respect of the same description of works, and (b) provide that charges are to be paid in respect of any works of that description at the rate which appears to the highway authority to be appropriate in relation to those works. (5B) The regulations may make provision for the determination of the duration of works for the purposes of the regulations. (5C) And they may, in particular, make provision for works to be treated as beginning or ending on the giving of, or as stated in, a notice given by the undertaker to the highway authority, in the prescribed manner, in accordance with a requirement imposed by the regulations.

• (6) In subsection (7), for the words from “charge” to the end substitute

charges (a) in any particular case, (b) in such classes of case as they may decide or as may be prescribed, or (c) in all cases or in all cases other than a particular case or such class of case as they may decide or as may be prescribed.

• (7) After that subsection insert—

(7A) The regulations may make provision as to— (a) the application by local highway authorities of sums paid by way of charges, and (b) the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges. (7B) The regulations may create in respect of any failure to give a notice required by the regulations a criminal offence triable summarily and punishable with a fine not exceeding level 3 on the standard scale.

Driver training and driving instructors

Compulsory driver training courses

257

In the Road Traffic Act 1988, after section 99 insert—

(99ZA) Regulations may make provision about training in the driving of motor vehicles by means of courses provided in accordance with the regulations (“driver training courses”). (99ZB) (1) Regulations under section 99ZA of this Act may provide that persons who have not successfully completed a driver training course— (a) may not take a test of competence to drive motor vehicles of a prescribed class (or a prescribed part of such a test), (b) are not authorised to drive motor vehicles of a prescribed class (before having passed a test of competence to drive them) by a provisional licence (or by section 98(2) or 99A(5) of this Act), (c) are not granted a licence authorising the driving of motor vehicles of a prescribed class by virtue of regulations under section 89(6)(b) or (c) of this Act, or (d) are not authorised to drive motor vehicles of a prescribed class in prescribed circumstances (despite having passed a test of competence to drive them). (2) But a person is exempt from provision made by virtue of subsection (1)(b), (c) or (d) above if he is undergoing training on a driver training course and is driving a motor vehicle as part of the training. (3) And regulations under section 99ZA of this Act may include provision exempting persons from any provision made by virtue of subsection (1) above in other circumstances; and regulations including such provision may (in particular)— (a) limit an exemption to persons in prescribed circumstances, (b) limit an exemption to a prescribed period or in respect of driving in a prescribed area, (c) attach conditions to an exemption, and (d) regulate applications for an exemption. (4) Regulations under section 99ZA of this Act may include provision for the evidencing by a person of his being within— (a) the exemption specified in subsection (2) above, or (b) any exemption provided by virtue of subsection (3) above. (5) Regulations under section 99ZA of this Act may provide that a driver training course is not to be taken into account for the purposes of the regulations if it was completed before such time as is prescribed. (99ZC) (1) Regulations under section 99ZA of this Act may include— (a) provision about the nature of driver training courses, (b) provision for the approval by the Secretary of State of persons providing such courses and the withdrawal of approvals (including provision for appeals against refusal and withdrawal of approvals) and provision for exemptions from any requirement of approval, (c) provision for the training or assessment, or the supervision of the training or assessment, of persons providing driver training courses, (d) provision setting the maximum amount of any charges payable by persons undergoing such courses, and (e) provision for the evidencing of the successful completion of such courses. (2) Such regulations may include provision for the charging of reasonable fees in respect of the exercise of any function conferred or imposed on the Secretary of State by such regulations. (3) Such regulations may make different provision— (a) for different classes of motor vehicles, (b) for different descriptions of persons, or (c) otherwise for different circumstances.

Register of approved instructors: destination of appeals

258

• (1) Section 131 of the Road Traffic Act 1988 (appeals to Secretary of State by persons aggrieved by decision of registrar of approved driving instructors) is amended as follows.

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

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

• (4) After subsection (4) insert—

(4A) If the Tribunal consider that any evidence adduced on an appeal had not been adduced to the Registrar before he gave the decision to which the appeal relates, they may (instead of making an order under subsection (3) above) remit the matter to the Registrar for him to reconsider the decision.

Taking effect of decisions about instructors

259

• (1) In section 127 of the Road Traffic Act 1988 (application to retain name in register of approved instructors), after subsection (7) insert—

(7A) A decision to refuse an application shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).

,

and, in subsection (8), for “A decision to refuse an application shall” substitute “ But the Registrar may, when giving notice of his decision to refuse the application, direct that the decision shall instead ”.

• (2) In section 128 of that Act (removal of name from register), after subsection (6) insert—

(6A) A decision to remove a name from the register shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).

,

and, in subsection (7), for “A decision to remove a name from the register shall” substitute “ But the Registrar may, when giving notice of his decision to remove the name from the register, direct that the decision shall instead ”.

• (3) In section 130 of that Act (revocation of licence for giving instruction in order to obtain practical experience), for subsection (6) substitute—

(5A) A decision to revoke a licence shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed). (6) But the Registrar may, when giving notice of his decision to revoke a licence, direct that (if an appeal under the following provisions of this Part of this Act is brought against the decision) it shall instead take effect— (a) if the appeal is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal, or (b) if and when the appeal is dismissed, and not otherwise.

• (4) In section 131 of that Act (appeals against decisions of registrar), after subsection (4A) (inserted by section 258) insert—

(4B) A person who is aggrieved by a decision of the Registrar not to give a direction under section 127(8), 128(7) or 130(6) of this Act may by notice in writing appeal to the Transport Tribunal within the period of ten days beginning with the day on which notice of the decision is given. (4C) The Transport Tribunal shall determine the appeal by either— (a) giving the direction concerned, or (b) dismissing the appeal, within the period of fourteen days beginning with the day on which notice of the decision is given. (4D) Where the Registrar has decided to refuse an application for the retention of a name in the register, to remove a name from the register or to revoke a licence granted under section 129 of this Act but either— (a) he gave a direction under section 127(8), 128(7) or 130(6) of this Act, or (b) the Transport Tribunal have given such a direction on appeal, he may by notice in writing apply to the Transport Tribunal for an order that the decision is to take effect immediately. (4E) The Transport Tribunal shall determine the Registrar’s application by either granting or refusing the application, within the period of fourteen days beginning with the day on which it is made. (4F) The Transport Tribunal may only grant the application if they consider that a failure to do so might prejudicially affect— (a) the well-being of any person to whom the person concerned may give instruction in the driving of a motor car, or (b) the safety of road users.

Training and instructors: minor and consequential amendments

260

Schedule 29 makes minor and consequential amendments about driver training and driving instructors.

Licensing of operators of goods vehicles

Increase of fine for breach of obligation to hold operator’s licence

261

• (1) In section 2(5) of the Goods Vehicles (Licensing of Operators) Act 1995 (obligation to hold operator’s licence: penalty for offence), for “level 4” substitute “ level 5 ”.

• (2) Subsection (1) does not apply to any offence committed before this section comes into force.

Detention of vehicle used without operator’s licence

262

• (1) In the Goods Vehicles (Licensing of Operators) Act 1995, after section 2 insert—

(2A) Schedule 1A (which relates to the detention, removal and disposal of goods vehicles in respect of which it appears that section 2 is contravened) shall have effect.

• (2) After Schedule 1 to that Act insert, as Schedule 1A, the Schedule set out in Schedule 30 to this Act.

Addition of specified vehicles to operator’s licence

263

In section 5 of the Goods Vehicles (Licensing of Operators) Act 1995 (vehicles authorised to be used under operator’s licence), for subsection (6) substitute—

(6) A motor vehicle which is not specified in an operator’s licence is not authorised to be used under that licence by virtue of subsection (1) on or after the relevant day unless the licence-holder— (a) has given to a traffic commissioner a notice in such form and containing such information about the vehicle as is required by a traffic commissioner, and (b) has paid the prescribed fee (if any) to a traffic commissioner. (6A) For the purposes of subsection (6) “the relevant day” is the latest of the following days— (a) the day on which the vehicle was first in the lawful possession of the licence holder, (b) the day on which the licence came into force, (c) if a day not more than one month after the later of those days is prescribed for the purpose, the day so prescribed.

Type approvals: exemptions

Type approval: individual exemptions

264

In section 63 of the Road Traffic Act 1988 (obligatory type approval certificates, certificates of conformity and Minister’s approval certificates), for subsection (5) (power to make exemptions by regulations) substitute—

(5) The Secretary of State may make provision for securing that, subject to such restrictions and conditions as may be specified by or under the instrument by which the provision is made— (a) the use of vehicles is exempted from all or any of the preceding provisions of this section for purposes specified in the instrument or in such an area as is so specified, (b) goods vehicles are exempted from the provisions of subsection (2) above, and (c) there are issued in respect of vehicles or vehicle parts, in such circumstances as may be specified in the instrument, certificates of temporary exemption exempting the vehicles or vehicle parts from the provisions of subsection (1) above for such period as may be provided in the certificate. (6) Subject to subsection (7) below, the power conferred by subsection (5) above is exercisable by regulations. (7) That power is exercisable by order in relation to— (a) specified vehicles, or (b) vehicles of specified persons; and an order under this subsection may be varied or revoked by a subsequent order of the Secretary of State.

Licensing of private hire vehicles

Vehicles subject to regulation as private hire vehicles

265

• (1) In section 79 of the Public Passenger Vehicles Act 1981 (which provides that a vehicle which is not a public service vehicle because of section 1(3) or (4) of that Act is to be treated as one for the purpose of excluding it from regulation as a private hire vehicle), for “1(3) or (4)” substitute “ 1(4) ”.

• (2) After that section insert—

(79A) (1) If a small bus is being provided for hire with the services of a driver for the purpose of carrying passengers otherwise than at separate fares, it is not to be regarded as a public service vehicle for the purpose of— (a) Part II of the Local Government (Miscellaneous Provisions) Act 1976, or (b) any local Act applying in any area in England and Wales which regulates the use of private hire vehicles provided for hire with the services of a driver for the purpose of carrying passengers and excludes public service vehicles from the scope of that regulation. (2) If a small bus is being made available with a driver to the public for hire for the purpose of carrying passengers otherwise than at separate fares, it is not to be regarded as a public service vehicle for the purpose of the Private Hire Vehicles (London) Act 1998. (3) But subsection (1) or (2) does not apply where the vehicle is being so provided or made available in the course of a business of carrying passengers by motor vehicles all but a small part of which involves the operation of large buses. (4) In this section— - “small bus” means a public service vehicle within paragraph (b) of subsection (1) of section 1 of this Act; and - “large buses” means public service vehicles within paragraph (a) of that subsection.

• (3) In section 167(4) of the Criminal Justice and Public Order Act 1994 (touting for hire car services: defence in case of public service vehicles), for “passengers for public service vehicles” substitute “ passengers to be carried at separate fares by public service vehicles ”.

Enforcement of requirements relating to drivers’ hours

Power to prohibit driving of vehicle

266

After section 99 of the Transport Act 1968 insert—

(99A) (1) If— (a) the driver of a UK vehicle obstructs an authorised person in the exercise of his powers under subsection (2) or (3) of section 99 of this Act or fails to comply with any requirement made by an authorised person under subsection (1) of that section, (b) it appears to an authorised person that, in relation to a UK vehicle or its driver, there has been a contravention of any of the provisions of— (i) sections 96 to 98 of this Act and any orders or regulations under those sections, or (ii) the applicable Community rules, or that there will be such a contravention if the vehicle is driven on a road, or (c) it appears to an authorised person that an offence under section 99(5) of this Act has been committed in respect of a UK vehicle or its driver, the authorised person may prohibit the driving of the vehicle on a road either for a specified period or without limitation of time. (2) Where an authorised person prohibits the driving of a vehicle under this section, he may also direct the driver to remove the vehicle (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle in accordance with that direction. (3) On imposing a prohibition under subsection (1) of this section, the authorised person shall give notice in writing of the prohibition to the driver of the vehicle, specifying the circumstances (as mentioned in paragraph (a), (b) or (c) of that subsection) in consequence of which the prohibition is imposed and stating whether it is imposed only for a specified period (and if so specifying the period) or without limitation of time. (4) Any direction under subsection (2) of this section may be given— (a) in the notice under subsection (3) of this section, or (b) in a separate notice in writing given to the driver of the vehicle. (5) In this section— - “authorised person” means— 1. an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988, or 2. a constable authorised to act for the purposes of this section by or on behalf of a chief officer of police; - “UK vehicle” means a vehicle registered under the Vehicle Excise and Registration Act 1994. (99B) (1) Subject to any exemption granted under subsection (2) of this section, a prohibition under subsection (1) of section 99A of this Act shall come into force as soon as notice of it has been given in accordance with subsection (3) of that section and shall continue in force— (a) until it is removed under subsection (3) of this section, or (b) in the case of a prohibition imposed for a specified period, until it is removed under that subsection or that period expires, whichever first occurs. (2) Where notice of a prohibition has been given under section 99A(3) of this Act in respect of a vehicle, an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purposes as may be specified in the exemption may be granted by any authorised person. (3) A prohibition under section 99A(1) of this Act may be removed by any authorised person, if he is satisfied that appropriate action has been taken to remove or remedy the circumstances (as mentioned in paragraph (a), (b) or (c) of section 99A(1) of this Act) in consequence of which the prohibition was imposed; and on doing so the authorised person shall give notice in writing of the removal of the prohibition to the driver of the vehicle. (4) In this section, “authorised person” has the same meaning as in section 99A of this Act. (99C) Any person who— (a) drives a vehicle on a road in contravention of a prohibition imposed under section 99A(1) of this Act, (b) causes or permits a vehicle to be driven on a road in contravention of such a prohibition, or (c) refuses or fails to comply within a reasonable time with a direction given under section 99A(2) of this Act, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Appeals relating to London service permits

London service permits: appeals

267

• (1) Section 189 of the Greater London Authority Act 1999 (appeals against decisions of Transport for London about London service permits) is amended as follows.

• (2) In subsections (2) and (4) (appeals to be made to Mayor), for “appeal to the Mayor” substitute “ make an appeal ”.

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

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (7) For subsections (11) to (13) (power of panel to report to Mayor who may issue appropriate guidance or directions to Transport for London) substitute—

(11) An appeal panel which has heard an appeal against a decision may— (a) uphold the decision, (b) quash the decision, or (c) substitute for the decision such other decision which Transport for London had power to make as appears to the appeal panel to be appropriate. (12) An appeal panel which has heard an appeal may make an order about payment of the costs of the appeal; and such an order may require that Transport for London pay to the person who made the appeal a sum equal to the whole or part of any fee paid in accordance with regulations under subsection (7) above.

• (8) In section 420(7) of that Act (regulations subject to negative Parliamentary procedure), after the entry relating to any provision contained in Chapters I to IV or VI of Part III, insert—

section 189;

.

Quiet lanes and home zones and rural road speed limits

Quiet lanes and home zones

268

• (1) A local traffic authority may designate any road for which they are the traffic authority as a quiet lane or a home zone.

• (2) The appropriate national authority may make regulations authorising local traffic authorities who have designated roads as quiet lanes or home zones to make use orders and speed orders of such descriptions as are prescribed by the regulations in relation to any roads designated by them as quiet lanes or home zones.

• (3) A use order is an order permitting the use of a road for purposes other than passage.

• (4) But a use order may not permit any person—

• (a) wilfully to obstruct the lawful use of a road by others, or

• (b) to use a road in a way which would deny reasonable access to premises situated on or adjacent to the road.

• (5) A speed order is an order authorising the local traffic authority by whom it is made to take measures with a view to reducing the speed of motor vehicles or cycles (or both) on a road to below that specified in the order.

• (6) The appropriate national authority may make regulations specifying procedures for the making, variation and revocation of—

• (a) designations, and

• (b) use orders and speed orders,

including procedures for confirmation (whether by the appropriate national authority or any other body).

• (7) The appropriate national authority may give guidance to local traffic authorities about matters to which they must have regard in determining whether or not to designate a road as a quiet lane or home zone.

• (8) In this section—

• “the appropriate national authority” means—the Secretary of State as respects England, andthe National Assembly for Wales as respects Wales,

• “cycle” has the same meaning as in the Road Traffic Act 1988,

• “local traffic authority” has the same meaning as in the Road Traffic Regulation Act 1984,

• “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and

• “road” has the same meaning as in the Road Traffic Regulation Act 1984.

• (9) Regulations under this section shall be made by statutory instrument and may make different provision for different cases or areas.

• (10) A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Report on rural road speed limits

269

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

School crossing patrols

School crossing patrols

270

• (1) The Road Traffic Regulation Act 1984 is amended as follows.

• (2) In section 26 (arrangements for patrolling places where children cross roads during certain periods)—

• (a) in subsection (1), omit “during periods between the hours of eight in the morning and half-past five in the afternoon when children are so on their way,”, and

• (b) after that subsection insert—

(1A) Arrangements under subsection (1) above may be made for patrolling places at such times as the authority thinks fit.

• (3) In section 28 (power to stop vehicles at school crossings)—

• (a) in subsection (1)—

• (i) omit “between the hours of eight in the morning and half-past five in the afternoon”, and

• (ii) for “children on their way to or from school, or from one part of a school to another, are” substitute “ a person is ”,

• (b) in subsection (2)—

• (i) for “children are” substitute “ person is ”, and

• (ii) for “their” substitute “ his ”, and

• (c) in subsection (5)—

• (i) insert “ and ” at the end of paragraph (a), and

• (ii) omit paragraph (c) and the word “and” before it.

Stands etc. for bicycles or motor cycles

Stands etc. for bicycles or motor cycles

271

• (1) The Road Traffic Regulation Act 1984 is amended as follows.

• (2) In section 63 (power of authorities to provide stands and racks for bicycles), for “and racks for bicycles” substitute “ or racks for, or devices for securing, bicycles or motor cycles ”.

• (3) In section 136(4) (meaning of “motor cycle”), for “section 57” substitue “ sections 57 and 63 ”.

Financial assistance: inland waterway and sea freight

Financial assistance for inland waterway and sea freight

272

• (1) The Secretary of State may make grants or other payments for the purpose of securing or encouraging the carriage of goods by inland waterway or by sea rather than by road where he is satisfied that that is in the public interest.

• (2) Grants or payments under this section may in particular be made in respect of facilities for or in connection with the carriage of goods by inland waterway or by sea (including facilities for loading or unloading goods).

• (3) Grants or payments under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Secretary of State may determine.

• (4) So far as it relates to inland waterways that are wholly in Wales, the power conferred by this section is a power of the Welsh Ministers.

• (4A) So far as it relates to—

• (a) the carriage of goods by an inland waterway that is partly in Wales, or

• (b) the carriage of goods by sea where the carriage concerned is wholly or partly by sea adjacent to Wales,

the power conferred by this section may be exercised concurrently or jointly by the Secretary of State and the Welsh Ministers.

• (5) The power conferred by this section may only be exercised in or as regards Scotland if its exercise relates to reserved matters within the meaning of the Scotland Act 1998.

• (6) In this section—

• "inland waterway” includes both a natural and an artificial inland waterway;

• "sea adjacent to Wales” means the sea adjacent to Wales out as far as the seaward boundary of the territorial sea.

• (7) An order under section 158(3) of the Government of Wales Act 2006 determining, or making provision for determining, any boundary between waters which are to be treated as parts of the sea adjacent to Wales and those which are not applies for the purposes of the definition of ““sea adjacent to Wales”” in this section as it applies for the purposes of the definition of ““Wales”” in that Act.

Supplementary

Offences: general

273

• (1) If an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of—

• (a) a director, manager, secretary or other similar officer of the body, or

• (b) a person who was purporting to act in such a capacity,

he (as well as the body) commits the offence.

• (2) In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.

• (3) If an offence under this Act is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he (as well as the partnership) commits the offence.

Repeals and revocations

274

Schedule 31 contains repeals and revocations.

Commencement

275

• (1) Subject as follows, the preceding provisions of this Act come into force in accordance with provision made by the Secretary of State by order made by statutory instrument; and different provision may be made for different purposes.

• (2) The power conferred by subsection (1) is exercisable as respects Wales by the National Assembly for Wales (and not the Secretary of State) in relation to Parts II and III (and the repeals relating to Part II).

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

• (4) Section 231 (and Schedule 24), section 253 (and Schedule 28) and section 269 come into force on the day on which this Act is passed.

• (5) In section 245, subsections (1) and (3) to (5), and subsections (2) and (8) so far as relating to subsections (3) to (5), shall be treated as having come into force on 10th May 2000.

Transitionals and savings

276

• (1) The Secretary of State may by order made by statutory instrument make any transitional provisions or savings which he considers appropriate in connection with the coming into force of any provision of this Act.

• (2) The power conferred by subsection (1) is exercisable as respects Wales by the National Assembly for Wales (and not the Secretary of State) in relation to Parts II and III (and the repeals relating to Part II).

Power to make amendments

277

• (1) The Secretary of State may, in consequence of any provision of this Act or of any instrument made under it, by order made by statutory instrument make such amendments (including repeals or revocations) as appear to him to be appropriate in—

• (a) any Act (whether public general or local) passed, or

• (b) any subordinate legislation (within the meaning of the Interpretation Act 1978) made,

before that provision comes into force.

• (2) The power conferred by subsection (1) is exercisable as respects Wales by the National Assembly for Wales (and not the Secretary of State) in relation to Parts II and III and any instruments made under them.

• (3) No order shall be made under subsection (1) by the Secretary of State unless a draft of the order containing it has been laid before, and approved by resolution of, each House of Parliament.

Financial provision

278

• (1) There shall be paid out of money provided by Parliament—

• (a) any expenditure incurred by any Minister of the Crown or government department under or by virtue of this Act (apart from any expenditure to be met from the National Loans Fund), and

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

• (2) There shall be issued to the Secretary of State by the Treasury out of the National Loans Fund any sums required by him for—

• (a) making loans under section 52 to a transferee, ...

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

• (3) There shall be paid into the National Loans Fund any repayment of, or payment of interest on, loans—

• (a) made under section 52 by the Secretary of State to a transferee, ...

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

• (4) The assets of the National Loans Fund shall be reduced by an amount corresponding to such liability as the Secretary of State extinguishes by order under section 57.

• (5) There shall be paid into the Consolidated Fund any sums received by any Minister of the Crown or government department under or by virtue of this Act (apart from any sums required to be paid into the National Loans Fund).

Extent

279

• (1) Parts II and III, and the repeals relating to those Parts, and sections 255 and 256, 265, 267 and 268 and 270 and 271, and the repeals in Part V(2) of Schedule 31, extend only to England and Wales.

• (2) Subject as follows, Part IV, sections 257 to 260 (and Schedule 29), sections 261 to 263 (and Schedule 30) and sections 264, 266 and 269, and Part V(1) of Schedule 31, extend only to England and Wales and Scotland.

• (3) The amendments made by Parts I and IV, and the repeals and revocations relating to those Parts, have the same extent as the enactments to which they relate (except where it is otherwise provided).

• (4) Sections 247 and 250, paragraph 14 of Schedule 14 and Schedule 26 extend to England and Wales, Scotland and Northern Ireland.

Short title

280

This Act may be cited as the Transport Act 2000.

SCHEDULE 1

Part I — Modifications of 1986 Act

Introduction

1

This Part of this Schedule applies if an air traffic administration order is made.

General application of provisions of 1986 Act

2

Sections 11 to 23 and 27 of the 1986 Act (which relate to administration orders under Part II of that Act) apply with the modifications specified in this Part of this Schedule.

General modifications

3

In those sections as applied by this Part of this Schedule—

• (a) references to an administration order are to an air traffic administration order, and

• (b) references to an administrator are to an air traffic administrator.

Effect of order

4

In section 11 of the 1986 Act (effect of order) as applied by this Part of this Schedule—

• (a) the requirement in subsection (1)(a) that any petition for the winding up of the company shall be dismissed does not prejudice the air traffic administration order if it is made by virtue of section 27 above,

• (b) the reference in subsection (3)(d) to proceedings includes a reference to any proceedings under or for the purposes of section 20 above, and

• (c) subsection (3)(d) has effect as if after “its property” there were inserted “ , and no right of re-entry or forfeiture may be enforced against the company in respect of any land, ”.

Appointment of air traffic administrator

5

In section 13 of the 1986 Act (appointment of administrator) as applied by this Part of this Schedule for subsection (3) substitute—

(3) An application for an order under subsection (2) may be made— (a) by the Secretary of State, (b) by the CAA with the Secretary of State’s consent, (c) by any continuing air traffic administrator of the company, or (d) where there is no such air traffic administrator, by the company, the directors or any creditor or creditors of the company.

General powers of air traffic administrator

6

• (1) Section 14 of the 1986 Act (general powers of administrator) as applied by this Part of this Schedule has effect as follows.

• (2) In subsection (1)(b) the reference to the powers specified in Schedule 1 to the 1986 Act includes a reference to a power to act on behalf of the company—

• (a) for the purposes of this Part, or

• (b) for the purposes of the exercise or performance of any power or duty which is conferred or imposed on the company by virtue of its holding a licence.