Transport Act 2000

• (1) Paragraph 27 of Schedule 9 (variation and revocation of orders) is amended as follows.

• (2) In sub-paragraph (1), for “sub-paragraph (2)” substitute “ sub-paragraphs (2) and (3) ”.

• (3) After sub-paragraph (2) insert—

(3) Where an order is required for the provision of facilities pursuant to a quality partnership scheme made under Part II of the Transport Act 2000 by more than one authority— (a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the National Assembly for Wales unless he or it has consulted the other authority or authorities who made the scheme, and (b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.

Transport Act 1985 (c. 67)

9

The Transport Act 1985 has effect subject to the following amendments.

10

• (1) Section 26(1) (conditions attached to PSV operator’s licence) is amended as follows.

• (2) In paragraph (b), after “section” insert “ or section 118(4) or 129(1)(b) of the Transport Act 2000 ”.

• (3) After that paragraph insert

; or (ba) the operator has failed to comply with section 138 or 140(3) of that Act;

.

11

• (1) Section 63 (functions of local councils with respect to passenger transport in areas other than passenger transport areas) is amended as follows.

• (2) In subsection (1), omit paragraph (b) and the word “and” before it.

• (3) In subsection (3)—

• (a) omit “(1)(b) or” and “(1)(a) or”,

• (b) in paragraph (a), omit “as a local education authority or (as the case may be)”, and

• (c) in paragraph (b), omit “social services or (as the case may be)”.

• (4) In subsection (7), for the words from “so to conduct” to the end substitute “ to have regard to a combination of economy, efficiency and effectiveness. ”

• (5) In subsection (8), at end insert “ and to the appropriate bus strategy. ”

• (6) After that subsection insert—

(8A) In subsection (8) “the appropriate bus strategy” means— (a) in the case of a council which is a local transport authority (within the meaning of section 108(4) of the Transport Act 2000), their bus strategy; (b) in the case of a district council which is not such an authority, the bus strategy of the council for the county in which the district is situated.

12

• (1) Section 64 (consultation and publicity with respect to policies as to services) is amended as follows.

• (2) In subsection (1)—

• (a) for “63(1)(b) or (2)(b)” substitute “ 63(2)(b) ”,

• (b) for “either of those provisions” substitute “ that provision ”, and

• (c) omit the words following paragraph (b).

• (3) In subsection (2), omit “under section 63(1)(a) or (as the case may be)”.

13

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

14

In section 82 (bus stations: restrictions on discriminatory practices), after subsection (4) insert—

(4A) Nothing done pursuant to a quality partnership scheme under Part II of the Transport Act 2000 by— (a) a Passenger Transport Executive, (b) a local authority, or (c) a person to whom subsection (3) above applies, shall be taken to be discrimination prohibited by subsection (1) or (3) above.

15

In section 93(7) (persons eligible to receive travel concessions under local scheme), for paragraphs (d) and (e) substitute—

(d) persons who are blind; (e) persons who are partially sighted; (ea) persons who are deaf; (eb) persons who are without speech; (ec) persons who have a disability, or have suffered an injury, which has a substantial and long-term adverse effect on their ability to walk; (ed) persons who do not have arms or have long-term loss of the use of both arms; (ee) persons who have a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning; (ef) persons who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, would have their applications refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol; (eg) any person travelling as the companion of a person who— (i) is eligible to receive travel concessions by virtue of any other paragraph of this subsection; and (ii) requires the assistance of a companion in order to travel on journeys on public passenger transport services;

.

16

In section 94(4) (definition of eligible service), for the words from “a service is” to the end substitute

“eligible service” means— (a) until section 92 of the Finance Act 1965 (grants towards duty charged on bus fuel) ceases to have effect as a result of section 154(6) of the Transport Act 2000, a service qualifying for fuel duty grant, and (b) after that time, a service using public service vehicles of a class specified in an order made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).

17

In section 103(3) (no subsidies for concessions available under a scheme), insert at the end “ or under section 145(1) of the Transport Act 2000. ”

18

• (1) Section 104 (travel concessions on services provided by Passenger Transport Executives) is amended as follows.

• (2) In subsection (1), for the words from “other than” to “that section” substitute “ otherwise than in accordance with a scheme established under section 93 of this Act or in accordance with section 145(1) of the Transport Act 2000 ”.

• (3) In subsection (2), after paragraph (a) insert—

(aa) in accordance with section 145(1) of the Transport Act 2000; or

.

19

In section 105(1) (travel concessions on services provided by local authorities), for the words “of any description” onwards substitute “ in accordance with a scheme established under section 93 of this Act or in accordance with section 145(1) of the Transport Act 2000. ”

20

• (1) Section 108 (grants for establishment of rural passenger services in Wales and Scotland) is amended as follows.

• (2) In subsection (1), omit “Wales or”.

• (3) In the sidenote, omit “Wales and”.

21

Omit section 109 (transitional rural bus grants).

22

• (1) Section 111 (unregistered and unreliable local services: requirement to repay twenty per cent. of bus fuel duty grants) is amended as follows (until it ceases to have effect as a result of section 154(6)).

• (2) For subsection (1) substitute—

(1) Where the traffic commissioner for any traffic area is satisfied that the operator of a local service has, without reasonable excuse— (a) failed to operate a local service registered under section 6 of this Act; (b) operated a local service in contravention of that section or section 118(4) or 129(1)(b) of the Transport Act 2000; or (c) failed to comply with section 138 or 140(3) of that Act; he may make a determination to that effect.

Greater London Authority Act 1999 (c. 29)

23

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

SCHEDULE 12

Introductory

1

• (1) In this Schedule “relevant scheme” means a charging scheme or licensing scheme under this Part.

• (2) In this Schedule—

• (a) “the relevant authority”, in relation to a relevant scheme made by one authority, means the authority by which the scheme is made, and

• (b) “the relevant authorities”, in relation to a relevant scheme made jointly by more than one authority, means the authorities by which the scheme is made.

Net proceeds

2

• (1) In this Schedule “net proceeds”, in relation to a relevant scheme and a financial year, means the amount (if any) by which—

• (a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed

• (b) the expenses incurred for or in connection with the scheme which are so attributable.

• (2) For the purposes of this Schedule—

• (a) the amounts received under or in connection with a relevant scheme, and

• (b) the expenses incurred for or in connection with a relevant scheme,

and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations made by the appropriate national authority.

• (3) Regulations under sub-paragraph (2) may, in particular, provide that—

• (a) any such costs of constructing, improving or maintaining roads in respect of which charges are imposed by trunk road charging schemes, and any such costs of managing traffic on those roads, as are specified by or determined in accordance with the regulations, or

• (b) any such payments made for or in respect of the construction, improvement or maintenance of those roads, or the management of traffic on them, as are so specified or determined,

are to be regarded, to the extent so specified or determined, as expenses incurred for or in connection with the trunk road charging schemes.

• (4) Where a trunk road charging scheme is made by virtue of section 167(2)(b) or (3)(c), the relevant authority and the local traffic authority, Integrated Transport Authority , combined authority or combined county authority which requested the making of the scheme (or Transport for London, if it did) may agree that—

• (a) the expenses incurred for or in connection with the trunk road charging scheme shall be taken to include specified expenses incurred for or in connection with the charging scheme in connection with which the trunk road charging scheme was requested, and

• (b) the expenses incurred for or in connection with that other charging scheme shall be taken to include specified expenses incurred for or in connection with the trunk road charging scheme.

Apportionment

3

• (1) A relevant scheme which is—

• (a) a joint local charging scheme or licensing scheme, ...

• (aa) a joint local-ITA charging scheme,

• (b) a joint local-London charging scheme or licensing scheme, or

• (c) a joint ITA-London charging scheme,

shall provide for the net proceeds of the scheme to be apportioned between the relevant authorities.

• (2) Where a trunk road charging scheme is made by virtue of section 167(2)(b) or (3)(c)—

• (a) the trunk road charging scheme, or

• (b) the charging scheme in connection with which the trunk road charging scheme was requested,

or both, may provide for the net proceeds of the scheme to be apportioned between the relevant authority and the local traffic authority , Integrated Transport Authority , combined authority or combined county authority which requested the making of the scheme (or Transport for London, if it did).

4

References in the following provisions of this Schedule to an authority’s share of the net proceeds of a relevant scheme are—

• (a) where the net proceeds of the scheme are apportioned as provided by paragraph 3, to so much of the net proceeds of the scheme as are apportioned to the authority, and

• (b) otherwise, to the net proceeds of the scheme.

Accounts and funds

5

Regulations made by the appropriate national authority may make provision for—

• (a) the keeping of accounts relating to trunk road charging schemes, and

• (b) the preparation and publication of statements of such accounts.

6

• (1) An account relating to a relevant scheme which is not a trunk road charging scheme shall be kept for each financial year by the relevant authority or jointly by the relevant authorities.

• (2) A statement of every such account shall be prepared for each financial year by the relevant authority or authorities and published in the annual accounts of the relevant authority, or of each of the relevant authorities, for the financial year.

• (3) Regulations made by the appropriate national authority may make—

• (a) further provision relating to accounts required to be kept under this paragraph (including provision requiring or allowing the keeping of consolidated accounts relating to more than one relevant scheme), and

• (b) further provision relating to the preparation and publication of statements of such accounts.

7

• (1) At the end of each financial year any deficit in an account required to be kept under paragraph 6 shall be made good by the relevant authority or authorities.

• (2) Any surplus in such an account may (so far as not made available for any purpose in accordance with this Schedule) be applied by the relevant authority or authorities towards making good any amount used to make good a deficit in respect of the account in the ten years immediately preceding the financial year.

• (3) So much of any surplus as remains after the application of sub-paragraph (2) shall be carried forward in the account to the next financial year.

• (4) A relevant scheme made by more than one authority must make provision specifying or for determining—

• (a) the proportion of any deficit which each authority shall make good, and

• (b) the proportion of any surplus which each authority may apply in accordance with sub-paragraph (2).

• (5) Any deficit required to be made good shall be made good—

• (a) in the case of a Welsh county council or county borough council, from its general account,

• (b) in the case of Transport for London, from its gross income, and

• (c) in the case of any other non-metropolitan local traffic authority or London traffic authority, or an Integrated Transport Authority , combined authority or combined county authority, from its general fund.

Application of proceeds by non-metropolitan local traffic authorities

8

• (1) This paragraph applies to a non-metropolitan local traffic authority’s share of the net proceeds of any relevant scheme.

• (2) The share of the net proceeds is available only—

• (a) for application by the authority for the purpose of directly or indirectly facilitating the achievement of local transport policies of the authority, or

• (b) for application by any authority falling within sub-paragraph (3) selected by the authority whose share it is in accordance with sub-paragraph (4).

• (3) The authorities which fall within this sub-paragraph are—

• (a) other non-metropolitan local traffic authorities

• (aa) Integrated Transport Authorities , combined authorities and combined county authorities;

• (b) London traffic authorities and the Greater London Authority.

• (4) A share of the net proceeds of a relevant scheme is applied in accordance with this sub-paragraph if it is applied—

• (a) by a non-metropolitan local traffic authority for the purpose of directly or indirectly facilitating the achievement of any of its local transport policies,

• (aa) by an Integrated Transport Authority , combined authority or combined county authority for the purpose of directly or indirectly facilitating the achievement of any of its local transport policies, or

• (b) by a London traffic authority or the Greater London Authority in accordance with the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999,

in a way which will benefit the whole or any part of the area of the non-metropolitan local traffic authority whose share it is.

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

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

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

9

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

10

• (1) A relevant scheme made by one or more non-metropolitan local traffic authorities must include—

• (a) a general plan relating to the application of their shares of the net proceeds of the relevant scheme during the opening ten year period, and

• (b) a detailed programme for the application of their shares of the net proceeds of the relevant scheme during the opening five year period.

• (2) In this Schedule—

• (a) “the opening ten year period” means the period which begins with the date on which the relevant scheme comes into force and ends with the tenth financial year that commences on or after that date, and

• (b) “the opening five year period” means the period which begins with that date and ends with the fifth financial year that commences on or after that date.

• (3) The order making a scheme which relates to an area in Wales shall not come into force unless and until the general plan and detailed programme required by sub-paragraph (1) have been approved by the Welsh Ministers.

11

• (1) If a relevant scheme made by one or more non-metropolitan local traffic authorities remains in force after the end of the opening five year period, the authority or each of the authorities shall, during every fifth financial year after the financial year in which the scheme comes into force, prepare a detailed programme for the application of its share of the net proceeds of the scheme during the next five years.

• (2) Any programme prepared in accordance with sub-paragraph (1) in relation to a relevant scheme prevails over any conflicting provisions in the general plan included in the scheme pursuant to paragraph 10(1)(a).

• (3) Except with the consent of the appropriate national authority in any particular case, a non-metropolitan local traffic authority may not apply its share of the net proceeds of a scheme for any purpose (other than making good any amount to the general fund or general account of the relevant authority which made the scheme) in any financial year beginning after the end of the opening five year period unless it is complying with sub-paragraph (1).

Application of proceeds by London traffic authorities

12

• (1) The share of the net proceeds of a relevant scheme of a London traffic authority is available.

• (a) in the case of a charging scheme under this Part, only for application for relevant transport purposes within the meaning of Schedule 23 to the Greater London Authority Act 1999;

• (b) in the case of a licensing scheme under this Part, only for application in accordance with regulations made by the Secretary of State.

• (1A) Paragraphs 19(1) and (2), 20(1) and (5), 23(1) and (3) and 24 of Schedule 23 to that Act apply in relation to a charging scheme under this Part as they apply in relation to a charging scheme under that Schedule.

• (2) Regulations under sub-paragraph (1) shall provide for—

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

• (b) paragraphs 22 to 30 of Schedule 24 to that Act,

to apply in relation to a licensing scheme with any such modifications as the Secretary of State considers appropriate.

• (3) Before making regulations under sub-paragraph (1) the Secretary of State shall consult the Greater London Authority.

Application of proceeds by Secretary of State ...

13

• (1) In the case of a trunk road charging scheme—

• (a) which is made by virtue of paragraph (a) of subsection (2) of section 167, or

• (b) which is made by virtue of paragraph (b) of that subsection ...,

the relevant authority’s Secretary of State’s share of the net proceeds is available only for application for the purpose of directly or indirectly facilitating the achievement of any policies or proposals relating to transport.

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

• (3) Sub-paragraph (1)(a) applies during the period of ten years beginning with the coming into force of a scheme made by virtue of section 167(2)(a).

• (4) The appropriate national authority Secretary of State may by regulations make provision as to circumstances in which—

• (a) the same scheme is to be regarded as continuing in force in spite of a variation of the scheme or the revocation and replacement (with or without modifications) of the scheme, or

• (b) a different scheme is, or is not, to be regarded as coming into force,

for the purposes of determining when the period specified in sub-paragraph (3) begins or expires in the case of a scheme.

• (5) Except where sub-paragraph (1)(a) applies, the relevant authority’s Secretary of State’s share of the net proceeds of a trunk road charging scheme made by virtue of section 167(2)(a) is available to be applied only as may be specified in, or determined in accordance with, regulations made by the appropriate national authority Secretary of State.

• (6) The provision that may be made by regulations under sub-paragraph (5) includes provision for sub-paragraph (3) to apply with the substitution for the number of years for the time being mentioned in it of a number of years greater than ten.

SCHEDULE 13

Road user charging

1

Schedule 23 to the Greater London Authority Act 1999 (road user charging in Greater London) has effect subject to the following amendments.

2

• (1) Paragraph 1 (interpretation) is amended as follows.

• (2) In sub-paragraph (1), in the definition of “net proceeds”, for the words from “, means” to the end substitute

and a financial year, means the amount (if any) by which— (a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed (b) the expenses incurred for or in connection with the scheme which are so attributable;

.

• (3) In that sub-paragraph, after the definition of “prescribed”, insert—

“registered keeper”, in relation to a charge imposed in respect of a motor vehicle, means the person in whose name the vehicle was registered under the Vehicle Excise and Registration Act 1994 at the time of the act, omission, event or circumstances in respect of which the charge is imposed;

.

• (4) In that sub-paragraph, in the definition of “regulations”, after “means” insert “ (except where otherwise provided) ”.

• (5) In that sub-paragraph, in the definition of “traffic sign”, for “same meaning as in the Road Traffic Regulation Act 1984 (see in particular section 64 of that Act)” substitute “ meaning given by section 64 of the Road Traffic Regulation Act 1984 but also includes signposts and other signs and notices included in that term by section 71(2) of that Act ”.

• (6) For sub-paragraph (2) substitute—

(2) For the purposes of this Schedule— (a) the amounts received under or in connection with a charging scheme, and (b) the expenses incurred for or in connection with such a scheme, and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.

3

• (1) Paragraph 4 (making of charging 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 charging scheme— (a) the costs of the inquiry shall be paid by the charging authority; and (b) the parties at the inquiry shall bear their own costs. (6) The charging authority may enter any land, and exercise any other powers which may be necessary, for placing and maintaining, or causing to be placed and maintained, traffic signs in connection with the charging scheme.

4

In sub-paragraph (2) of paragraph 11 (exemptions, reduced rates etc.), after “above” insert “ and to paragraphs 4 and 6 above ”.

5

After that paragraph insert—

(11A) A charging scheme may require— (a) documents to be displayed while a motor vehicle is on a road in respect of which charges are imposed; or (b) equipment to be carried in or fitted to a motor vehicle while it is on such a road.

6

• (1) Paragraph 12 (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.

7

For paragraph 13 substitute—

(13) Charges imposed in respect of any motor vehicle by a charging scheme (including penalty charges imposed in respect of any motor vehicle) shall be paid— (a) by the registered keeper of the motor vehicle; or (b) in prescribed circumstances, by such person as is prescribed.

8

In paragraph 14 (installation of equipment), for the words from “install” to “used or” substitute—

(a) install and maintain, or authorise the installation and maintenance of, any equipment; or (b) construct and maintain, or authorise the construction and maintenance of, buildings or other structures, used or

.

9

• (1) Paragraph 15 (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 charging 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) ”.

10

• (1) Paragraph 25 (offences) is amended as follows.

• (2) In sub-paragraph (1)—

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

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

• (3) After that sub-paragraph insert—

(1A) A person who makes or uses any false document with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by a charging scheme or a penalty charge is guilty of an offence.

• (4) In sub-paragraph (2), after “sub-paragraph (1)” insert “ or (1A) ”.

• (5) After that sub-paragraph insert—

(3) A person is guilty of an offence if he removes a penalty charge notice which has been fixed to a motor vehicle in accordance with regulations under paragraph 12 above unless— (a) he is the registered keeper of the vehicle or a person using the vehicle with his authority; or (b) he does so under the authority of the registered keeper or such a person or of the charging authority. (4) A person guilty of an offence under sub-paragraph (3) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

11

• (1) Paragraph 26 (examination of motor vehicles etc.) is amended as follows.

• (2) In sub-paragraph (1)(b)(iii), for “unlawfully” substitute “ with intent to avoid payment of, or being identified as having failed to pay, a charge ”.

• (3) For sub-paragraph (2) substitute—

(2) Regulations may make provision conferring power on any person authorised in writing by the charging authority to enter a motor vehicle where he has reasonable grounds for suspecting, in relation to a motor vehicle which is on a road, that— (a) any equipment required to be carried in or fitted to the motor vehicle while it is on a road in respect of which charges are imposed has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme; or (b) there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or being identified as having failed to pay, such a charge.

• (4) After that sub-paragraph insert—

(3) A person who intentionally obstructs a person exercising any power conferred on him by virtue of sub-paragraph (2) above is guilty of an offence. (4) A person guilty of an offence under sub-paragraph (3) above shall be liable on summary conviction to— (a) a fine not exceeding level 5 on the standard scale, or (b) imprisonment for a term not exceeding six months, or to both. (5) Regulations may make provision conferring power on any person authorised in writing by the charging authority to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under paragraph 25 above.

12

• (1) Paragraph 27 (removal or immobilisation of motor vehicles) shall be renumbered as sub-paragraph (1) of that paragraph and amended as follows.

• (2) After paragraph (a) insert—

(aa) the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted;

.

• (3) Insert at the end

; and (e) the sale or destruction of motor vehicles not released. (2) A person who removes or interferes with an immobilisation notice in contravention of provision made by virtue of sub-paragraph (1) above is guilty of an offence. (3) A person who removes or attempts to remove an immobilisation device fixed to a motor vehicle in accordance with provision made by virtue of sub-paragraph (1) above in contravention of such provision is guilty of an offence. (4) A person who intentionally obstructs a person exercising any power conferred on him by provision made by virtue of sub-paragraph (1) above is guilty of an offence. (5) A person guilty of an offence under sub-paragraph (2) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. (6) A person guilty of an offence under sub-paragraph (3) or (4) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

13

In paragraph 28 (determination of disputes and appeals), for “Regulations may” substitute “ The Lord Chancellor may by regulations ”.

14

In paragraph 29(6) (approval of equipment), for the words after “regulations” substitute “ under section 176(2) of the Transport Act 2000. ”

15

In paragraph 30 (evidence), for “Regulations may” substitute “ The Lord Chancellor may by regulations ”.

16

In paragraph 34 (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.

17

After that paragraph insert—

(34A) (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 charging authority for or in connection with the exercise of any of their functions with respect to a charging scheme. (2) Information obtained by a charging authority for or in connection with any of their functions other than their functions with respect to a charging scheme may be used by the authority for or in connection with the exercise of any of their functions with respect to a charging scheme. (3) Any information— (a) which has been or could be disclosed to a charging authority under sub-paragraph (1) above for or in connection with the exercise of any of their functions with respect to a charging 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 32(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 charging 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 charging scheme.

18

In paragraph 38 (variation and revocation of charging schemes)—

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

• (b) insert at the end “ ; and paragraph 4 above (apart from sub-paragraphs (3)(f) and (6)) applies in relation to the variation or revocation of a charging scheme as to the making of a charging scheme. ”

Workplace parking levy

19

Schedule 24 to the Greater London Authority Act 1999 (workplace parking levy in Greater London) has effect subject to the following amendments.

20

• (1) Paragraph 1 (interpretation) is amended as follows.

• (2) In sub-paragraph (1), in the definition of “licence”, omit “by the occupier of those premises”.

• (3) In that sub-paragraph, in the definition of “net proceeds”, for the words from “, means” to the end substitute

and a financial year, means the amount (if any) by which— (a) the amounts received under or in connection with the scheme which are attributable to the financial year, exceed (b) the expenses incurred for or in connection with the scheme which are so attributable;

.

• (4) In that sub-paragraph, omit the definition of “occupier”.

• (5) In that sub-paragraph, in the definition of “regulations”, after “means” insert “ (except where otherwise provided) ”.

• (6) For sub-paragraph (2) substitute—

(2) For the purposes of this Schedule— (a) the amounts received under or in connection with a licensing scheme, and (b) the expenses incurred for or in connection with such a scheme, and the extent to which they are attributable to any financial year, shall be determined in accordance with regulations under this sub-paragraph.

21

In paragraph 3(1) (provision of workplace parking places)—

• (a) for the words from “the cases” to “time being” substitute “ a workplace parking place is provided at any premises at any time if a parking place provided at the premises is at that time ”, and

• (b) for paragraph (d) substitute—

(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

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

Member appointed to chair Authority and deputy

2

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

Remuneration, pensions et ceteralaetc. for members

3

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

Staff

4

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

5

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

6

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

Part II — Funding

Government grants

7

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

Borrowing

8

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

Terms of government loans

9

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

Government guarantees

10

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

Accounts and audit

11

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

12

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

Direction requiring payment to Secretary of State

13

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

Taxation

14

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

Interpretation

15

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

Part III — Financial framework and information

Financial framework

16

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

Information

17

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

Part IV — Procedure

Introductory

18

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

Committees and sub-committees

19

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

Delegation of functions

20

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

Members’ interests

21

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

Vacancies and defective appointments

22

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

Minutes

23

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

Execution and proof of instruments

24

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

Part V — Consequential amendments

Documentary Evidence Act 1868 (c. 37)

25

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

Public Records Act 1958 (c. 51)

26

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

Parliamentary Commissioner Act 1967 (c. 13)

27

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

House of Commons Disqualification Act 1975 (c. 24)

28

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

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

29

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

Freedom of Information Act 2000 (c. 36)

30

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

SCHEDULE 15

Transfer schemes

1

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

Contents of transfer scheme

2

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

3

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

4

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

5

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

Effect of transfer scheme

6

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

7

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

8

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

9

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

10

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

Transfer of employees

11

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

Modification of transfer scheme

12

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

Consultation

13

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

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

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

3

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

4

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

5

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

6

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

7

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

Railways Act 1993 (c. 43)

8

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

9

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

10

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

11

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

12

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

13

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

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

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

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

• (c) for “himself” substitute “ itself ”.

• (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

• (c) for “his” substitute “ its ”.

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

19

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

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

• (c) for “him” substitute “ the Authority ”.

• (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

• (c) for “he” (in both places) substitute “ the Authority ”.

• (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

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

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 ”,

• (c) for “him” substitute “ the Authority ”, and

• (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

• (c) for “his” (in each place) substitute “ its ”.

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

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

40

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

41

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

42

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

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

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

45

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

46

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

47

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

48

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

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

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

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

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

53

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

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

• (c) omit “on him”.

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

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

Greater London Authority Act 1999 (c. 29)

58

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

59

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

60

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

61

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

62

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

63

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

64

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

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

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

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 ”,

• (c) for “his opinion” substitute “ the opinion of the appropriate authority ”, and

• (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

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

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

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

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

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

22

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

23

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

24

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

Closures

25

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

26

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

27

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

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

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

33

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34

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

35

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

Effect of transfer scheme

36

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

37

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

38

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

39

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

40

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

Transfer of employees

41

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

Modification of transfer scheme

42

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

Provision of information to Secretary of State

43

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

Consultation

44

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

SCHEDULE 18

Part I — Functions

British Transport Commission Act 1949 (c.xxix)

1

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

2

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

3

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

British Transport Commission Act 1962 (c.xlii)

4