Legalize / United Kingdom / Public General Act

Transport Act 2000

Type Public General Act

Publication 2000-11-30

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(d) where a body whose affairs are controlled by its members is a relevant person, by a member of the body engaged in the carrying on of any business of the body,

22

(1) Paragraph 7 (making of licensing scheme) is amended as follows.

(2) After paragraph (a) of sub-paragraph (3) insert—

(aa) require such an authority to publish its proposals for the scheme and to consider objections to the proposals;

(3) After paragraph (d) of that sub-paragraph insert—

(da) require the authority by whom any such order is made to publish notice of the order and of its effect.

(4) Omit paragraph (e) of that sub-paragraph.

(5) After that sub-paragraph insert—

(4) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (witnesses at local inquiries) apply in relation to any inquiry held by virtue of sub-paragraph (3)(b) above. (5) Where an inquiry is held by virtue of sub-paragraph (3)(b) above for the purposes of any order containing a licensing scheme— (a) the costs of the inquiry shall be paid by the licensing authority; and (b) the parties at the inquiry shall bear their own costs.

23

For paragraph 15 substitute—

(15) A licence may not be granted for a period of more than one year.

24

Renumber paragraph 16 (licensing: procedure) as sub-paragraph (1) of that paragraph and after that sub-paragraph insert—

(2) A person who intentionally provides false or misleading information in or in connection with an application for a licence is guilty of an offence and liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; or (b) on conviction on indictment, to a fine.

25

In paragraph 17(3) and (4) (exemptions, reduced rates etc.), after “(2) above” insert “ and to paragraphs 7 and 9 above ”.

26

(1) Paragraph 18 (penalty charges) is amended as follows.

(2) In sub-paragraph (1), for “, notification, payment, adjudication or enforcement” substitute “ and payment ”.

(3) After sub-paragraph (2) insert—

(3) The Lord Chancellor may make regulations about the notification, adjudication and enforcement of penalty charges.

27

For paragraph 19 substitute—

(19) Charges imposed in respect of any premises by a licensing scheme (including penalty charges imposed in respect of any premises) shall be paid— (a) by the occupier of the premises; or (b) in prescribed circumstances, by such person as is prescribed.

28

In paragraph 20 (determination of disputes and appeals), for “Regulations may” substitute “ The Lord Chancellor may by regulations ”.

29

(1) Paragraph 21 (accounts and funds) is amended as follows.

(2) In sub-paragraphs (1) and (2), for “of their income and expenditure in respect of” substitute “ relating to ”.

(3) In sub-paragraph (3)—

(a) for the words from the beginning to “year, each” substitute “ Each ”, and

(b) for “that year” substitute “ each financial year ”.

(4) After sub-paragraph (4) insert—

(4A) Regulations may make further provision relating to— (a) accounts required to be kept under sub-paragraph (1) or (2) above (including provision requiring or allowing the keeping of consolidated accounts relating to more than one licensing scheme); and (b) the preparation and publication of statements of such accounts.

(5) In sub-paragraph (5)(b), after “account” insert “ (after the application of any of the net proceeds in accordance with the following provisions) ”.

30

In paragraph 31 (rights of entry)—

(a) in sub-paragraph (4), for “wilfully” substitute “ intentionally ” and for “level 5 on the standard scale” substitute “ the statutory maximum ”, and

(b) in sub-paragraph (6), for “(7)” substitute “ (5) ”.

31

In paragraph 32 (evidence), for “Regulations may” substitute “ The Lord Chancellor may by regulations ”.

32

In paragraph 35 (guidance), insert at the end—

(3) Guidance issued under this paragraph shall be published in such manner as the Authority consider appropriate; and the Authority may at any time vary or revoke such guidance.

33

After that paragraph insert—

(35A) (1) Information obtained by— (a) any Minister of the Crown or government department, or (b) any local authority or other statutory body, may be disclosed to a licensing authority for or in connection with the exercise of any of their functions with respect to a licensing scheme. (2) Information obtained by a licensing authority for or in connection with any of their functions other than their functions with respect to a licensing scheme may be used by the authority for or in connection with the exercise of any of their functions with respect to a licensing scheme. (3) Any information— (a) which has been or could be disclosed to a licensing authority under sub-paragraph (1) above for or in connection with the exercise of any of their functions with respect to a licensing scheme, or (b) which has been or could be used by an authority by virtue of sub-paragraph (2) above for or in connection with the exercise of any of those functions, may be disclosed to any person with whom the authority has entered into arrangements under paragraph 33(b) above. (4) Information disclosed to a person under sub-paragraph (3) above— (a) may be disclosed to any other person for or in connection with the licensing scheme; but (b) may not be used (by him or any other person to whom it is disclosed under paragraph (a) above) otherwise than for or in connection with the licensing scheme.

34

In paragraph 39 (variation and revocation of licensing schemes)—

(a) omit “, exercisable in the same manner, and subject to the same conditions and limitations,”, and

(b) insert at the end “ ; and paragraph 7 above applies in relation to the variation or revocation of a licensing scheme as to the making of a licensing scheme. ”

SCHEDULE 14

Part I — Members and staff

Tenure of members

1

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Member appointed to chair Authority and deputy

2

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Remuneration, pensions et ceteralaetc. for members

3

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Staff

4

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5

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6

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Part II — Funding

Government grants

7

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Borrowing

8

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Terms of government loans

9

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Government guarantees

10

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Accounts and audit

11

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12

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Direction requiring payment to Secretary of State

13

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Taxation

14

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Interpretation

15

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Part III — Financial framework and information

Financial framework

16

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Information

17

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Part IV — Procedure

Introductory

18

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Committees and sub-committees

19

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Delegation of functions

20

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Members’ interests

21

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Vacancies and defective appointments

22

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Minutes

23

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Execution and proof of instruments

24

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Part V — Consequential amendments

Documentary Evidence Act 1868 (c. 37)

25

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Public Records Act 1958 (c. 51)

26

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Parliamentary Commissioner Act 1967 (c. 13)

27

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House of Commons Disqualification Act 1975 (c. 24)

28

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Northern Ireland Assembly Disqualification Act 1975 (c. 25)

29

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Freedom of Information Act 2000 (c. 36)

30

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SCHEDULE 15

Transfer schemes

1

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Contents of transfer scheme

2

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3

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4

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5

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Effect of transfer scheme

6

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7

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8

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9

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10

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Transfer of employees

11

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Modification of transfer scheme

12

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Consultation

13

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SCHEDULE 16

Transport Act 1968 (c. 73)

1

(1) Section 56 of the Transport Act 1968 (Ministerial grants and local authority payments towards capital expenditure incurred in provision, improvement or development of facilities for public passenger transport) is amended as follows.

(2) In subsection (2A), for “Franchising Director under which the Franchising Director undertakes to exercise franchising functions of his” substitute “ Strategic Rail Authority under which the Authority undertakes to exercise any of its franchising functions ”.

(3) In subsection (2B)—

(a) omit the definition of “the Franchising Director”, and

(b) in the definition of “franchising functions”, for “Franchising Director” substitute “ Strategic Rail Authority ” and for “him” substitute “ it ”.

Insolvency Act 1986 (c. 45)

2

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3

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4

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5

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6

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7

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Railways Act 1993 (c. 43)

8

The Railways Act 1993 has effect subject to the following amendments.

9

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10

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11

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12

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13

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14

(1) Section 23 (passenger services to be subject to franchise agreements) is amended as follows.

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

(3) In subsection (2)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “his” substitute “ its ”.

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

15

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16

(1) Section 26 (invitations to tender for franchises) is amended as follows.

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

(3) In subsections (2) and (3)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “he” substitute “ it ”.

17

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

(2) In subsections (1) and (2)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “himself” substitute “ itself ”.

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

(4) In subsection (9)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “his” substitute “ its ”, and

(5) In subsection (10)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “he” substitute “ it ”.

18

(1) Section 28 (fares and approved discount fare schemes) is amended as follows.

(2) In subsection (2)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “he” (in both places) substitute “ it ”, and

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

19

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20

(1) Section 34 (Passenger Transport Authorities and Executives: franchising) is amended as follows.

(2) In subsection (4)—

(a) for “Franchising Director” substitute “ Authority ”, and

(b) for “him” substitute “ the Authority ”.

(3) In subsection (5)—

(a) for “Franchising Director” substitute “ Authority ”,

(b) for “his” (in both places) substitute “the Authority’s,” and

(4) In subsection (6) and in subsection (7) (in both places), for “Franchising Director” substitute “ Authority ”.

(5) In subsection (8)—

(a) for “Franchising Director” (in both places) substitute “ Authority ”, and

(b) for “he” substitute “ the Authority ”.

(6) In subsections (10) and (12) and in subsection (13) (in both places), for “Franchising Director” substitute “ Authority ”.

(7) In subsection (14)—

(a) for “Franchising Director” (in each place) substitute “ Authority ”,

(b) for “him” substitute “ the Authority ”, and

(8) In subsection (15), for “Franchising Director” substitute “ Authority ”.

(9) In subsection (16)—

(a) for “Franchising Director” (in both places) substitute “ Authority ”, and

(b) for “his” substitute “ its ”.

(10) In subsection (17), for “Franchising Director” (in each place) substitute “ Authority ”.

(11) In subsection (18)—

(a) for “Franchising Director” (in both places) substitute “ Authority ”, and

(b) for “he may apply” substitute “ the Authority may apply ”.

(12) In subsection (19), for “Franchising Director” substitute “ Authority ”.

21

In section 35 (termination and variation of section 20(2) agreements by Franchising Director), for “Franchising Director” (in each place, including the sidenote) substitute “ Authority ”.

22

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23

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24

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25

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26

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27

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28

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29

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30

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31

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32

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33

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34

(1) Section 54 (exercise of functions for purpose of encouraging investment in railways) is amended as follows.

(2) In subsection (1)—

(a) for “Franchising Director” substitute “ Authority ”, and

(b) for “his, or (as the case may be) their,” substitute “ their ”.

(3) In subsection (2)—

(a) for “Franchising Director” (in both places) substitute “ Authority ”, and

(b) for “franchising functions of his” substitute “ any of its franchising functions ”.

(4) In subsection (3)—

(a) for “Franchising Director” substitute “ Authority ”,

(b) for “functions of his under” substitute “ of the Authority’s functions under ”,

(d) for “his which” substitute “ the Authority which ”.

35

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

(2) In subsections (1) to (7)—

(a) for “officer” (in each place) substitute “ authority ”, and

(b) for “he” and “him” (in each place) substitute “ it ”.

(3) In subsection (10)—

(a) for “officer” substitute “ authority ”, and

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

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

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

36

In section 56 (procedural requirements)—

(a) for “officer” (in each place) substitute “ authority ”,

(b) for “he” (in each place) substitute “ it ”, and

37

In section 57(7) (validity and effect of orders), for “officer” substitute “ authority ”.

38

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

(2) In subsection (1)—

(a) for “officer” (in both places) substitute “ authority ”, and

(b) for “his” substitute “ its ”.

(3) In subsection (2) (in each place) and in subsection (6), for “officer” substitute “ authority ”.

39

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40

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41

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42

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43

In subsection (9) of section 72 (keeping of register by Regulator)—

(a) for “Franchising Director” (in both places) substitute “ Authority ”, and

(b) for “him” substitute “ it ”,

and in the heading preceding that section, for “Franchising Director” substitute “ Authority ”.

44

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45

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46

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47

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48

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49

(1) Section 118 (control of railways in time of hostilities, severe international tension or great national emergency) is amended as follows.

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

(3) In subsection (3)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “him to carry out his” substitute “ the carrying out of ”.

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

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

50

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51

(1) Section 136 (grants and subsidies) is amended as follows.

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

(3) In subsection (6), for “Franchising Director may each, in his capacity” substitute “ Authority may each, ”.

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

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

52

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53

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54

(1) Paragraph 2 of Schedule 7 (transfer schemes in connection with railway administration orders) is amended as follows.

(2) In sub-paragraph (2), for “Franchising Director” substitute “ Authority ”.

(3) In sub-paragraph (3), for “Franchising Director, for his approval, he” substitute “ Authority for approval, the Secretary of State or Authority ”.

(4) In sub-paragraph (6)—

(a) for “Franchising Director” substitute “ Authority ”, and

(b) for “him” substitute “ the Secretary of State or Authority ”.

(5) In sub-paragraph (7)—

(a) for “Franchising Director” substitute “ Authority ”,

(b) for “he” substitute “ the Secretary of State or Authority ”, and

Railway Heritage Act 1996 (c. 42)

55

(1) Section 1 of the Railway Heritage Act 1996 (bodies to which Act applies) is amended as follows.

(2) For paragraph (f) substitute—

(f) the Strategic Rail Authority (“the Authority”);

(3) In paragraph (g), for “that Director” substitute “ the Authority ”.

Channel Tunnel Rail Link Act 1996 (c. 61)

56

(1) Section 19 of the Channel Tunnel Rail Link Act 1996 (railway administration orders) is amended as follows.

(2) In subsections (2) and (5), for “Director of Passenger Rail Franchising” substitute “ Strategic Rail Authority ”.

(3) In subsection (6)—

(a) for “Franchising Director” (in both places) substitute “ Authority ”, and

(b) for “Director” substitute “ Authority ”.

Competition Act 1998 (c. 41)

57

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Greater London Authority Act 1999 (c. 29)

58

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

59

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60

In section 177 (provision of extra passenger transport services and facilities), for “Franchising Director” (in both places) substitute “ Strategic Rail Authority ”.

61

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62

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63

In section 199(1) (licence exemptions and facility exemptions), for “Franchising Director” substitute “ Strategic Rail Authority ”.

64

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65

In section 203 (closures: copy documents to Mayor of London), for “Franchising Director” (in both places, including the sidenote) substitute “ Strategic Rail Authority ”.

66

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67

(1) Section 240 (travel concessions on journeys in and around Greater London) is amended as follows.

(2) In subsection (2) (in both places), and in subsection (7), for “Franchising Director” substitute “ Strategic Rail Authority ”.

(3) In subsection (8), omit the definition of “the Franchising Director”.

SCHEDULE 17

Part I — Functions relating to licences

Introductory

1

The Railways Act 1993 has effect subject to the following amendments.

Exemptions

2

(1) Section 7 (exemptions from requirement for operator of railway asset to be authorised by licence) is amended as follows.

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

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

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

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

(6) In subsection (7), for “subsection (6) above” substitute “ this section ”.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consumer protection conditions

3

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

Grant

4

(1) Section 8 (licences) is amended as follows.

(2) In subsection (1)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (b) (grant by Regulator with consent of, or in accordance with general authority given by, Secretary of State), for the words after “consent” substitute “ , or in accordance with a general authority, of the Secretary of State given after consultation with the Authority, ”.

(3) In subsection (2) (general authority may require Regulator to consult, or obtain approval of, Secretary of State), for the words after “above” substitute—

(a) shall include a requirement for the Regulator before granting a licence to consult the Authority about, or a requirement for him before doing so to obtain the approval of the Authority to, any conditions to be included in the licence which relate to consumer protection; and (b) may include a requirement for the Regulator either to consult the Secretary of State, or a requirement to obtain his approval before granting a licence; but a failure to comply with such a requirement shall not affect the validity of the licence.

(4) In subsection (6) (certain licences not capable of being surrendered without consent of Regulator), for “without the consent of the Regulator” substitute “ unless the Regulator and the Authority consent to the surrender ”.

(5) In subsection (7) (grantor of licence to give copies)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (b), after “Regulator,” insert “ to the Authority and ”.

Assignment

5

(1) Section 11 (assignment of licences) is amended as follows.

(2) In subsection (2) (requirement of consent of whichever of the relevant authorities is specified), for the words after “consent of” substitute—

(a) the Secretary of State, if he is specified for the purpose in the licence; or (b) the Regulator and the Authority, in any other case.

(3) Omit subsection (3) (definition of “relevant authorities”).

(4) In subsection (4) (consent may be given subject to conditions imposed by person giving consent), for “the person giving the consent thinks fit to impose” substitute “ are imposed by the person or persons giving the consent ”.

Modification

6

(1) Section 12 (modification by agreement) is amended as follows.

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

(3) In subsection (2) (notice by Regulator)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) after “and shall” insert “ , before making the modifications, ”.

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

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

7

(1) Section 13 (modification references to Competition Commission) is amended as follows.

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

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

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

(5) In subsection (3) (matters which may be specified in reference or variation)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “his” (in both places) substitute “ its ”.

(6) In subsection (4) (notice of reference or variation)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “he” substitute “ it ”.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In subsection (6) (assistance to Commission)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “his possession” substitute “ the possession of the appropriate authority ”,

(d) for “his power” substitute “ the power of the appropriate authority ”.

8

(1) Section 14 (reports on modification references) is amended as follows.

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

(3) In subsection (5) (publication by Regulator)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “he” substitute “ it ”.

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

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

9

(1) Section 15 (modification following report) is amended as follows.

(2) In subsection (1) (duty of Regulator to modify)—

(a) for “Where” substitute “ This section applies where ”, and

(b) omit the words following paragraph (d).

(3) After that subsection insert—

(1A) Where the report is made to the Regulator he shall, subject to the following provisions of this section and to section 15A below, make such modifications of the conditions of the licence as appear to him requisite for the purpose of remedying or preventing the adverse effects specified in the report. (1B) Where the report is made to the Authority it shall, subject to the following provisions of this section and to section 15A below, require the Regulator to make such modifications of the conditions of the licence as appear to it requisite for the purpose of remedying or preventing the adverse effects specified in the report.

(4) In subsection (2) (Regulator to have regard to modifications specified in report)—

(a) after “making” insert “ , or requiring the making of, ”, and

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

(5) In subsection (3) (notice by Regulator), for “this section” substitute “ subsection (1A) above ”.

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

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

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Enforcement

11

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

(2) After subsection (5) insert—

(5ZA) The Authority shall not make a final order, or make or confirm a provisional order, in relation to 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).

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

(4) In subsection (11), for “(5A)” substitute “ (5ZA) ”.

12

In section 56 (procedural requirements), after subsection (2) insert—

(2A) 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.

Investigation

13

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14

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

Registers

15

In section 72(2)(a) (matters about licences to be entered in register maintained by Regulator)—

(a) in sub-paragraph (iii) (modifications and revocations of licences), insert at the end “ and every requirement to modify conditions of a licence imposed on the Regulator by the Authority ”,

(b) in sub-paragraph (iv) (revocation of licence exemptions), insert at the end “ and every requirement to revoke a licence exemption imposed on the Regulator by the Authority ”,

(c) in sub-paragraph (vii) (enforcement orders etc.), for “which relates” substitute “ made by the Regulator in relation ”, and

(d) after that sub-paragraph insert—

(viii) every scheme made by the Secretary of State under section 7A(4) above or paragraph 2 of Schedule 28 to the Transport Act 2000;

16

In section 73(2) (matters which Authority is to enter in register maintained by it)—

(a) in paragraph (e) (provisions of enforcement orders etc.), for “which relates to” substitute “ made by the Authority in relation to a licence or ”, ...

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

Part II — Other functions

Introductory

17

The Railways Act 1993 has effect subject to the following further amendments.

Rail users’ consultative committees

18

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

19

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

20

(1) Section 76 (general duties of Central Committee) is amended as follows.

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

(3) In subsection (5), for the words from “refer the matter” to the end substitute “ , unless representations about the matter have been made to the Authority by the Rail Passengers’ Council, refer it to the Authority with a view to the Authority exercising such of its powers as it considers appropriate in the circumstances of the case. ”

(4) After that subsection insert—

(5A) But if the Authority considers that it would be more appropriate for a matter referred to it by the Rail Passengers’ Council to be considered by the Regulator, the Authority shall refer it to him, with a view to his exercising such of his powers as he considers appropriate in the circumstances of the case.

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

21

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22

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23

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24

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Closures

25

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26

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27

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Code for protection of disabled rail users

28

(1) After section 71A insert—

(71B) (1) The Authority shall— (a) prepare and from time to time revise, and (b) publish and otherwise promote the adoption and implementation of, a code of practice for protecting the interests of users of railway passenger services or station services who are disabled (2) In preparing or revising the code of practice, the Authority shall consult the Disabled Persons Transport Advisory Committee established under section 125 of the Transport Act 1985.

(2) Omit section 70 (existing obligation of Regulator in relation to code).

Annual reports

29

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

Penalty fares

30

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

Part III — Associated property, rights and liabilities

Transfer schemes

31

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

Contents of transfer scheme

32

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33

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34

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35

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Effect of transfer scheme

36

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37

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38

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39

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40

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Transfer of employees

41

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Modification of transfer scheme

42

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

Provision of information to Secretary of State

43

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Consultation

44

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SCHEDULE 18

Part I — Functions

British Transport Commission Act 1949 (c.xxix)

1

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2

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

3

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

British Transport Commission Act 1962 (c.xlii)

4

(1) Section 43 of the British Transport Commission Act 1962 (constables) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2), for “the said section 53” substitute “ section 53 (constables) of the Act of 1949 ”.

Police and Criminal Evidence Act 1984 (c. 60)

5

In section 6 of the Police and Criminal Evidence Act 1984 (stop and search powers: statutory undertakers etc.), in subsection (1A) (transport police), for “by the British Railways Board” substitute “ by the Strategic Rail Authority ”.

Channel Tunnel Act 1987 (c. 53)

6

(1) Section 14 of the Channel Tunnel Act 1987 (arrangements for policing of tunnel system) is amended as follows.

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

(3) In subsection (5) (payments by Kent police authority)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “Board” substitute “ Authority ”.

Railways Act 1993 (c. 43)

7

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

8

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9

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10

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Part II — Associated property, rights and liabilities

11

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12

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13

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14

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15

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16

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17

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SCHEDULE 19

Transfer schemes

1

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Contents of transfer scheme

2

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3

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4

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5

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Functions under legislation

6

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Effect of transfer scheme

7

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8

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9

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10

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11

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Transfer of employees

12

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Foreign property, rights and liabilities

13

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Modification of transfer scheme

14

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Provision of information to Secretary of State

15

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Consultation

16

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SCHEDULE 20

Introductory

1

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Penalties

2

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Confirmation

3

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4

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5

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6

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Evidence

7

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Varying and revoking

8

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Stations

9

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10

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SCHEDULE 21

Transfers from Authority and its subsidiaries

1

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

Transfers of franchise assets

2

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

Contents of transfer scheme

3

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4

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5

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6

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Functions under legislation

7

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Effect of transfer scheme

8

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9

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10

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11

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12

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Transfer of employees

13

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Provision of information to Authority

14

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Modification of transfer scheme

15

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Interpretation

16

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SCHEDULE 22

Part I — Amendments of Railways Act 1993

1

The Railways Act 1993 has effect subject to the following amendments.

2

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3

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4

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5

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6

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7

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8

(1) Section 76 (general duties of Central Committee) is amended as follows.

(2) In subsection (1), for “Central Committee” substitute “ Rail Passengers’ Council ”.

(3) In subsection (2), for “Committee” (in each place) substitute “ Rail Passengers’ Council ”.

(4) In subsection (3)—

(a) for “Central Committee” substitute “ Rail Passengers’ Council ”,

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

(5) In subsection (4)—

(a) for “Central Committee” substitute “ Rail Passengers’ Council ”, and

(b) for “the Committee” (in both places) substitute “ the Rail Passengers’ Council ”.

(6) In subsection (5), for—

(a) “the Central Committee” and

(b) “the Committee”,

substitute “ the Rail Passengers’ Council ”.

(7) In subsection (6), for “Central Committee” (in both places) substitute “ Rail Passengers’ Council ”.

(8) In subsection (7)—

(a) for “Central Committee” substitute “ Rail Passengers’ Council ”, and

(b) for “the Committee” (in both places) substitute “ the Rail Passengers’ Council ”.

(9) In the sidenote, for “Central Committee” substitute “ Rail Passengers’ Council ”.

(10) In the heading before section 76, for “Central Committee and the consultative committees” substitute “ Rail Passengers’ Council ... ”.

9

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10

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11

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12

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13

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14

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Part II — Amendments of other enactments

Transport Act 1962 (c. 46)

15

(1) Section 56 of the Transport Act 1962 (functions of Central Committee and consultative committees) is amended as follows.

(2) In subsection (4)—

(a) for the words from “duty” to “consider” substitute “ duty of the Rail Passengers’ Council and each Rail Passengers’ Committee to consider ”,

(b) for “the committee” (in each place) substitute “ the Rail Passengers’ Council or Rail Passengers’ Committee ”,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(4) In subsection (6ZA)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “that committee and the Central Committee” substitute “ that Rail Passengers’ Committee and the Rail Passengers’ Council ”.

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

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

Parliamentary Commissioner Act 1967 (c. 13)

16

In Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), insert (at the appropriate places in alphabetical order)—

Rail Passengers’ Committees. Rail Passengers’ Council.

Transport Act 1968 (c. 73)

17

In section 55(1) of the Transport Act 1968 (exclusion of Waterways Board), for “the Central Committee and the consultative committees, within the meaning of that section,” substitute “ the Rail Passengers’ Council and the Rail Passengers’ Committees ”.

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

18

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

House of Commons Disqualification Act 1975 (c. 24)

19

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), insert (at the appropriate places in alphabetical order)—

Member of a Rail Passengers’ Committee in receipt of remuneration. Member of the Rail Passengers’ Council in receipt of remuneration.

Channel Tunnel Act 1987 (c. 53)

20

In section 41(1) of the Channel Tunnel Act 1987 (consultative committees), for the words from “Central” to “Users Consultative” substitute “ Rail Passengers’ Council and each of the Rail Passengers’ ”.

Greater London Authority Act 1999 (c. 29)

21

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

22

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

23

In section 252 (London Transport Users’ Committee as Rail Users’ Consultative Committee)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the sidenote, for “rail users’ consultative committee” substitute “ Rail Passengers’ Committee ”.

24

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

SCHEDULE 23

Introductory

1

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

Remuneration of members

2

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

3

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

Financial duties

4

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

5

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

Procedures

6

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

7

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

Sub-committees and committees

8

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

9

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

Public records

10

In the First Schedule to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3, insert (at the appropriate place in alphabetical order)—

	Rail Passengers’ Committees.
	Rail Passengers’ Council.

SCHEDULE 24

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

SCHEDULE 25

Transfer schemes

1

(1) The Secretary of State may make one or more schemes for the transfer to him of any property, rights and liabilities of the Board, other than the property, rights and liabilities relating to the transport police transferred under Schedule 18.

(2) In this Schedule “transfer scheme” means a scheme under this paragraph.

Contents of transfer scheme

2

(1) The property, rights and liabilities which may be transferred by a transfer scheme include property, rights and liabilities that would not otherwise be capable of being transferred or assigned.

(2) The transfers authorised by sub-paragraph (1) include transfers which are to take effect as if there were no such contravention, liability or interference with any interest or right as there would otherwise be by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled to the property or right, or subject to the liability, in question.

3

A transfer scheme may define the property, rights and liabilities to be transferred to the Secretary of State by specifying them or describing them or by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the Board (or partly in one way and partly in the other).

4

A transfer scheme may contain provision—

(a) for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the Board,

(b) for the creation in favour of the Secretary of State of an interest in or right over, property retained by the Board,

(d) for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against the Secretary of State.

5

A transfer scheme may make such supplementary, incidental and consequential provision as the Secretary of State considers appropriate.

Functions under legislation

6

(1) A transfer scheme may provide that any functions of the Board under a statutory provision shall be transferred to the Secretary of State.

(2) Sub-paragraph (1) applies in relation to any function under a statutory provision if and to the extent that the statutory provision—

(a) relates to any property which is to be transferred by the scheme, or

(b) authorises the carrying out of works designed to be used in connection with any such property or the acquisition of land for the purpose of carrying out any such works.

(3) In this paragraph “statutory provision” means a provision whether of a general or of a special nature contained in, or in any document made or issued under, any Act (whether of a general or a special nature) other than the Railways Act 1993 or this Part.

Effect of transfer scheme

7

On the date appointed by a transfer scheme, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this paragraph, be transferred in accordance with the provisions of the scheme.

8

Nothing in this Act affects the validity of anything done by or in relation to the Board in connection with anything transferred by a transfer scheme.

9

There may be continued by or in relation to the Secretary of State anything (including legal proceedings) relating to anything transferred by a transfer scheme which is in the process of being done by or in relation to the Board immediately before it is transferred.

10

Anything done by the Board for the purpose of or in connection with anything transferred by a transfer scheme which is in effect immediately before it is transferred shall be treated as if done by the Secretary of State.

11

The Secretary of State shall be substituted for the Board in documents and legal proceedings relating to anything transferred by a transfer scheme.

Transfer of employees

12

Where a person employed by the Board becomes employed in the civil service of the state by virtue of a transfer scheme—

(a) for the purposes of Part XI of the Employment Rights Act 1996, he shall not be regarded as having been dismissed by virtue of the transfer, and

(b) for the purposes of that Act, his period of employment with the Board counts as a period of employment in the civil service of the state and the change of employment does not break the continuity of the period of employment.

Modification of transfer scheme

13

(1) If at any time after a transfer scheme has come into force the Secretary of State considers it appropriate to do so, he may by order provide that the scheme shall for all purposes be deemed to have come into force with such modifications, other than modifications relating to the transfer of rights and liabilities under a contract of employment, as may be specified in the order.

(2) An order under sub-paragraph (1) may make, with effect from the coming into force of the scheme, such provision as could have been made by the scheme, and in connection with giving effect to that provision from that time may contain such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

(3) An order under sub-paragraph (1) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Provision of information to Secretary of State

14

The Board shall provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of or in connection with the exercise of any of the powers conferred on him by this Part of this Schedule.

Consultation

15

Before making a transfer scheme, or an order modifying such a scheme, the Secretary of State shall consult the Board ... .

SCHEDULE 26

Part I — Interpretation

1

(1) In this Schedule—

“the 1988 Act” means the Income and Corporation Taxes Act 1988,

....

“the 1992 Act” means the Taxation of Chargeable Gains Act 1992,

“the Capital Allowances Act” means the Capital Allowances Act 2001 and includes, where the context admits, enactments which under the 1988 Act are to be treated as contained in the Capital Allowances Act 2001,

“fixture” has the same meaning as in Chapter 14 of Part 2 of the Capital Allowances Act,

“franchise company” means any body corporate which is, or is to be, the franchisee or the franchise operator under a franchise agreement, and

“qualifying transfer” means a transfer which is a relevant transfer for the purposes of any of Parts II to VI of this Schedule.

(2) So far as it relates to corporation tax, this Schedule is to be construed as one with the Corporation Tax Acts.

(3) So far as it relates to capital allowances, this Schedule is to be construed as one with the Capital Allowances Act.

Part II — Transfers to SRA from Franchising Director, Secretary of State and the Office of Rail and Road

Interpretation

2

In this Part of this Schedule—

“relevant transfer” means a transfer of property, rights or liabilities by virtue of—section 215,a scheme under paragraph 1 of Schedule 15, ora scheme under paragraph 31 of Schedule 17,

“transferee”, in relation to a relevant transfer, means the Authority, and

“transferor”, in relation to a relevant transfer, means the person from whom the property, rights or liabilities are transferred.

Chargeable gains: no gain no loss

3

For the purposes of the 1992 Act a disposal by virtue of provision made under paragraph 34(a) of Schedule 17 is to be taken to be for a consideration such that no gain or loss accrues to the person making the disposal.

Chargeable gains: disposal of debts

4

(1) Sub-paragraph (2) applies if in the case of a relevant transfer—

(a) a debt owed to the transferor is transferred to the transferee, and

(b) the transferor would, apart from this paragraph, be the original creditor in relation to that debt for the purposes of section 251 of the 1992 Act (disposal of debts).

(2) The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.

Capital allowances for plant and machinery

5

(1) This paragraph applies in relation to property if—

(a) the property is plant or machinery to which a relevant transfer relates,

(b) the property would have been treated for the purposes of the Capital Allowances Act (had the transferor incurred expenditure qualifying for allowances under Part 2 of that Acton the provision of the property) as disposed of by the transferor to the transferee on the transfer taking effect, and

(c) the relevant order or scheme contains provision for the transferee to be taken for the purposes of that Act to have incurred capital expenditure of an amount specified in or determined in accordance with the order or scheme on the provision of the property.

(2) For the purposes of the Capital Allowances Act—

(a) the transferee is to be taken to have incurred capital expenditure of that amount on the provision of the property for the purposes for which it is used by the transferee on and after the taking effect of the transfer,

(b) the property is to be taken as belonging to the transferee in consequence of the transferee having incurred that expenditure, and

(c) in the case of a fixture, the expenditure which falls to be treated as incurred by the transferee is to be taken for the purposes of sections 181(1) and 182(1) of that Act to be incurred by the giving of a consideration consisting in a capital sum of that amount.

(3) In sub-paragraph (1)(c) “the relevant order or scheme” means—

(a) in the case of a transfer by virtue of section 215, an order made by the Secretary of State by statutory instrument, or

(b) in the case of a transfer by virtue of a scheme under paragraph 1 of Schedule 15 or paragraph 31 of Schedule 17, the scheme concerned.

(4) A provision mentioned in sub-paragraph (1)(c) for the determination of an amount may include provision—

(a) for a determination to be made by the Secretary of State in a manner described in the order or scheme,

(b) for a determination to be made by reference to factors so described or to the opinion of a person so described, and

(c) for a determination to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.

(5) The Treasury’s consent is required for the making or modification of a determination under a provision mentioned in sub-paragraph (1)(c).

(6) The transferee’s consent is also required for such a modification after the relevant transfer takes effect.

(7) If there is a determination or a modification of a determination under a provision mentioned in sub-paragraph (1)(c) all necessary adjustments—

(a) must be made by making assessments or by repayment or discharge of tax, and

(b) must be made despite any limitation on the time within which assessments may be made.

Capital allowances for plant and machinery: connected persons

6

For the purposes of Part 2 of the Capital Allowances Act references in that Part to a transaction (however described) between connected persons (see section 575 of that Act) are not to include references to a relevant transfer.

Loan relationships

7

(1) Sub-paragraph (2) applies if as a result of a relevant transfer the transferee replaces, or (if the transferor had been a company) would have replaced, the transferor as a party to a loan relationship.

(2) Part 5 of the Corporation Tax Act 2009 is to have effect in relation to the time when the relevant transfer takes effect and any later time as if—

(a) the transferee had been a party to the loan relationship at the time the transferor became, or (if the transferor had been a company) would have become, a party to the loan relationship and at all times since that time, and

(b) the loan relationship to which the transferee is a party after the time the transfer takes effect is the same loan relationship as that to which, by virtue of paragraph (a), it is treated as having been a party before that time.

(3) For the purposes of sub-paragraph (2) the transferor (and accordingly the transferee) is to be taken to have accounted for the loan relationship in accordance with a basis of accounting corresponding to that in accordance with which the transferee accounts for the loan relationship in the accounting period in which the transfer takes effect.

(4) Expressions used in this paragraph and in Part 5 of the Corporation Tax Act 2009 have the same meanings in this paragraph as in that Part.

Part III — Transfers from BR to SRA

Interpretation

8

In this Part of this Schedule—

“relevant transfer” means a transfer of property, rights or liabilities by virtue of—paragraph 11 of Schedule 18, ora scheme under paragraph 1 of Schedule 19,

“transferee”, in relation to a relevant transfer, means the Authority, and

“transferor”, in relation to a relevant transfer, means the Board.

Chargeable gains: general

9

For the purposes of the 1992 Act a disposal—

(a) constituted by a relevant transfer, or

(b) by virtue of provision made under paragraph 4 of Schedule 19,

is to be taken (in relation to the person to whom the disposal is made as well as the person making the disposal) to be for a consideration such that no gain or loss accrues to the person making the disposal.

Chargeable gains: restriction of losses

10

(1) If there has been a disposal of an asset—

(a) constituted by a relevant transfer, or

(b) by virtue of provision made under paragraph 4 of Schedule 19,

subsection (8) of section 41 of the 1992 Act (which applies that section to cases where assets have been acquired without gain or loss) is to have effect as if the asset had been disposed of and acquired in circumstances mentioned in that subsection.

(2) This paragraph is not to prejudice paragraph 9.

Chargeable gains: groups

11

(1) Sub-paragraph (2) applies if a company (“the degrouped company”)—

(a) acquired an asset from another company at any time when both were members of the same group of companies (“the old group”), and

(b) ceases by virtue of a relevant transfer to be a member of the old group.

(2) Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.

(3) If sub-paragraph (2) applies to an asset, that section is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of a group of companies (“the new group”), otherwise than by virtue of a qualifying transfer, as if the degrouped company and the company from which it acquired the asset had been members of the new group at the time of acquisition.

(4) If, disregarding any preparatory transactions, a company would be regarded for the purposes of section 179 of the 1992 Act (and, accordingly, of this paragraph) as ceasing to be a member of a group of companies by virtue of a qualifying transfer, it is to be regarded for those purposes as so doing by virtue of the qualifying transfer and not by virtue of any preparatory transactions.

(5) In this paragraph “preparatory transaction” means anything done under or by virtue of this Part of this Act for the purpose of initiating, advancing or facilitating the qualifying transfer in question.

(6) Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Chargeable gains: disposal of debts

12

(1) Sub-paragraph (2) applies if in the case of a relevant transfer—

(a) a debt owed to the transferor is transferred to the transferee, and

(b) the transferor would, apart from this paragraph, be the original creditor in relation to that debt for the purposes of section 251 of the 1992 Act (disposal of debts).

(2) The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.

Continuity in relation to capital allowances etc. where trade transferred

13

(1) Sub-paragraphs (2) to (4) apply if—

(a) the transferor ceased to carry on a trade by virtue of a relevant transfer taking effect, and

(b) on the taking effect of that transfer, the transferee began to carry on the trade.

This sub-paragraph is to be read with sub-paragraph (8).

(2) Subject to sub-paragraphs (3) and (4), in a case falling within sub-paragraph (1)—

(a) there are to be made to or on the transferee in accordance with the Capital Allowances Act all such allowances and charges as would, if the transferor had continued to carry on the trade, have fallen to be made to or on the transferor, and

(b) the amount of any such allowance or charge is to be computed as if—

(i) the transferee had been carrying on the trade since the transferor began to do so, and

(ii) everything done to or by the transferor had been done to or by the transferee (but so that the relevant transfer itself, so far as it relates to any assets in use for the purpose of the trade, shall not be treated as giving rise to any such allowance or charge).

(3) For the purposes of the Corporation Tax Acts, only such amounts (if any) as may be specified in or determined in accordance with an order made by the Secretary of State by statutory instrument are to be allocated to the transferee in respect of expenditure by reference to which capital allowances may be made by virtue of sub-paragraph (2) in relation to anything to which the transfer relates.

(4) Sub-paragraph (2) is to affect the amounts falling to be taken into account in relation to the transferor as expenditure by reference to which capital allowances may be made only so far as necessary to give effect to a reduction of any such amount by a sum equal to so much of that amount as is allocated to the transferee as mentioned in sub-paragraph (3).

(5) An order under sub-paragraph (3) may include provision—

(a) for a determination to be made by the Secretary of State in a manner described in the order,

(b) for a determination to be made by reference to factors so described or to the opinion of a person so described, and

(c) for a determination to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.

(6) The Treasury’s consent is required for the making or modification of a determination of any such amount as is mentioned in sub-paragraph (3).

(7) The transferee’s consent is also required for such a modification after the relevant transfer takes effect.

(8) In determining whether sub-paragraph (1) has effect in relation to a relevant transfer in a case where—

(a) the transferor continues to carry on any trade or part of a trade after the transfer takes effect, or

(b) the transferee was carrying on any trade before the transfer takes effect,

the trade or part of a trade which is continued, or was being carried on, shall for the purposes of that sub-paragraph be treated in relation to any trade or part of a trade which is transferred by virtue of the transfer as a separate trade and shall accordingly be disregarded.

(9) If there is a determination or a modification of a determination for any purposes of this paragraph, all necessary adjustments—

(a) must be made by making assessments or by repayment or discharge of tax, and

(b) must be made despite any limitation on the time within which assessments may be made.

Capital allowances for plant and machinery

14

(1) This paragraph applies in relation to property if—

(a) the property is plant or machinery to which a relevant transfer relates,

(b) paragraph 13 does not apply in relation to the transfer of the property to the transferee,

(c) the property would be treated for the purposes of the Capital Allowances Act as disposed of by the transferor to the transferee on the transfer taking effect, and

(d) the scheme concerned contains provision for the disposal value of the property to be taken for the purposes of that Act to be of an amount specified in or determined in accordance with the scheme.

(2) For the purposes of the Capital Allowances Act—

(a) the provision mentioned in sub-paragraph (1)(d) is to have effect (instead of section 61(2) to (4), 72(3) to (5), 171, 196 or 423 of that Act) for determining an amount as the disposal value of the property or the price at which a fixture is to be treated as sold,

(b) the transferee is to be taken to have incurred capital expenditure of that amount on the provision of the property for the purposes for which it is used by the transferee on and after the taking effect of the transfer,

(c) the property is to be taken as belonging to the transferee in consequence of the transferee having incurred that expenditure, and

(d) in the case of a fixture, the expenditure which falls to be treated as incurred by the transferee is to be taken for the purposes of sections 181(1) and 182(1) of that Act to be incurred by the giving of a consideration consisting in a capital sum of that amount.

(3) A provision mentioned in sub-paragraph (1)(d) for the determination of an amount may include provision—

(a) for a determination to be made by the Secretary of State in a manner described in the scheme,

(b) for a determination to be made by reference to factors so described or to the opinion of a person so described, and

(c) for a determination to be capable of being modified (on one or more occasions) in a manner and in circumstances so described.

(4) The Treasury’s consent is required for the making or modification of a determination under a provision mentioned in sub-paragraph (1)(d).

(5) The transferee’s consent is also required for such a modification after the relevant transfer takes effect.

(6) If there is a determination or a modification of a determination under a provision mentioned in sub-paragraph (1)(d) all necessary adjustments—

(a) must be made by making assessments or by repayment or discharge of tax, and

(b) must be made despite any limitation on the time within which assessments may be made.

Capital allowances for plant and machinery: connected persons

15

For the purposes of Part 2 of the Capital Allowances Actreferences in that Part to a transaction (however described) between connected persons (see section 575 of that Act) are not to include references to a relevant transfer.

Leased assets

16

(1) Sub-paragraphs (2) and (3) apply for the purposes of section 781 of the 1988 Act (assets leased to traders and others) if the interest of the lessor or the lessee under a lease, or any other interest in an asset, is transferred to a person under a relevant transfer.

(2) The transfer is to be treated as made without any capital sum having been obtained in respect of the interest by the transferor; and this is so despite section 783(4) of that Act.

(3) If the interest is an interest under a lease, payments made by the transferor under the lease before the transfer takes effect are to be treated as if they had been made under that lease by the transferee.

(4) Sub-paragraph (5) applies for the purposes of section 781 of the 1988 Act if a lease, or any other interest in an asset, is granted by virtue of provision made under paragraph 4 of Schedule 19.

(5) The grant is to be treated as made without any capital sum having been obtained in respect of the lease, or interest, by the grantor; and this is so despite section 783(4) of that Act.

(6) No charge is to arise under section 781(1) of the 1988 Act by virtue of section 783(2) of that Act in a case where the capital sum mentioned in section 781(1)(b)(i) or (ii) of that Act is or forms part of the consideration obtained (or treated by section 783(4) of that Act as obtained) by the transferor on a disposal by virtue of a relevant transfer of securities of a subsidiary of the transferor.

(7) Expressions used in this paragraph and in sections 781 to 785 of the 1988 Act have the same meanings in this paragraph as in those sections.

Loan relationships

17

(1) Sub-paragraph (2) applies if, as a result of a relevant transfer, the transferee replaces the transferor as a party to a loan relationship.

(2) Part 5 of the Corporation Tax Act 2009 is to have effect in relation to the time when the relevant transfer takes effect and any later time as if—

(a) the transferee had been a party to the loan relationship at the time the transferor became a party to the loan relationship and at all times since that time, and

(b) the loan relationship to which the transferee is a party after the time the transfer takes effect is the same loan relationship as that to which, by virtue of paragraph (a), it is treated as having been a party before that time.

(3) Expressions used in this paragraph and in Part 5 of the Corporation Tax Act 2009 have the same meanings in this paragraph as in that Part.

Charge to tax under Case I of Schedule D

18

(1) This paragraph applies for the purpose of computing the profits or losses of the transferor and the transferee under Case I of Schedule D in respect of any trade or part of a trade transferred by a relevant transfer in relation to the time when the transfer takes effect and any later time.

(2) The trade or part of a trade transferred is to be treated as having been, at the time of its commencement and at all times since that time, a separate trade carried on by the transferee.

(3) The trade carried on by the transferee after the time the transfer takes effect is to be treated as the same trade as that which, by virtue of sub-paragraph (2), it is treated as having carried on before that time.

(4) This paragraph is subject to paragraphs 13 and 17.

Part IV — Transfers to Secretary of State from SRA and BR

Interpretation

19

In this Part of this Schedule—

“relevant transfer” means a transfer of property, rights or liabilities by virtue of—a scheme under paragraph 1 of Schedule 21 under which the property, rights or liabilities are transferred to the Secretary of State, ora scheme under paragraph 1 of Schedule 25,

“transferee”, in relation to a relevant transfer, means the Secretary of State, and

“transferor”, in relation to a relevant transfer, means the person from whom the property, rights or liabilities are transferred.

Chargeable gains: groups

20

(1) Sub-paragraph (2) applies if a company (“the degrouped company”)—

(a) acquired an asset from another company at any time when both were members of the same group of companies (“the old group”), and

(b) ceases by virtue of a relevant transfer to be a member of the old group.

(2) Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset.

(3) If, disregarding any preparatory transactions, a company would be regarded for the purposes of section 179 of the 1992 Act (and, accordingly, of this paragraph) as ceasing to be a member of a group of companies by virtue of a relevant transfer, it is to be regarded for those purposes as so doing by virtue of the relevant transfer and not by virtue of any preparatory transactions.

(4) In this paragraph “preparatory transaction” means anything done under or by virtue of this Part of this Act for the purpose of initiating, advancing or facilitating the relevant transfer in question.

(5) Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.

Capital allowances: actual consideration to be the disposal value

21

(1) Sub-paragraphs (2) to (4) apply for the purposes of Part 3 of the Capital Allowances Act, and the other provisions of that Act which are relevant to that Part, if there is a disposal by virtue of a relevant transfer of the relevant interest in—

(a) an industrial building or structure, or

(b) a qualifying hotel or a commercial building or structure.

(2) The disposal is to be treated as a sale of that relevant interest.

(3) The sale moneys in respect of that sale are to be taken—

(a) if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or

(b) if no such capital sum is received, to be nil.

(4) Sections 567 to 570 of that Act (sales treated as being for alternative amount) (sales between connected persons or without change of control) are not to have effect in relation to that sale.

(5) Sub-paragraph (6) applies for determining, in the case of plant or machinery which is treated for the purposes of the Capital Allowances Act as disposed of by virtue of a relevant transfer, the amount which (in consequence of that disposal) is to be brought into account as the disposal value of that plant or machinery for the purposes of section 60 of that Act (meaning of “disposal value” and “disposal event”) (balancing adjustments).

(6) The amount is, subject to section 62 of that Act (general limit on amount of disposal value) to be taken—

(a) if a capital sum is received by the transferor or a person connected with the transferor by way of consideration or compensation in respect of the disposal, to be an amount equal to that capital sum, or

(b) if no such capital sum is received, to be nil.

(7) Sub-paragraph (8) applies if, in consequence of a disposal by virtue of a relevant transfer, a person is treated by section 188 of the Capital Allowances Act as ceasing to own a fixtureat any time.

(8) The amount which, in consequence of that disposal, is to be brought into account as the disposal value of the fixture for the purposes of section 60 of the Capital Allowances Act is, subject to section 62 of that Act, to be taken—

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