Legalize / United Kingdom / Public General Act

Railways and Transport Safety Act 2003

Type Public General Act

Publication 2003-07-10

Last updated 2024-03-21

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(1) Part III of Road Traffic Offenders Act 1988 (fixed penalties) shall be amended as follows.

(2) In section 75 (conditional offers in Scotland) after subsection (3) insert—

(3A) Where a constable is a constable of the British Transport Police Force subsection (3) shall have effect as if the reference to the chief constable were a reference to the chief constable of that force.

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

International assistance

70

(1) The Authority may provide advice or assistance, or arrange for the Police Force to provide advice or assistance, to a body which has responsibilities in relation to the policing of a railway outside Great Britain.

(2) Advice or assistance under subsection (1)—

(a) may, in particular, involve the secondment of an employee,

(b) may be provided on terms or conditions (whether as to payment or otherwise), and

(3) The power under subsection (1) may be exercised only with the consent of the Secretary of State (which may be general or specific and conditional or unconditional).

Exercise of functions by Secretary of State

71

The Secretary of State shall exercise his functions in relation to the Authority under this Part for the purpose of promoting the efficiency and effectiveness of the Police Force.

General

Crown application

72

This Part applies in relation to property irrespective of whether it belongs to or is used for the purposes of the Crown or a Duchy.

Consequential, transitional and incidental provision

73

(1) Schedule 5 (amendments consequential on this Part) shall have effect.

(2) The Secretary of State may by order make consequential, transitional or incidental provision, or savings, for the purpose of or in connection with a provision of this Part.

(3) Transitional provision under subsection (2) may, in particular, make provision in connection with the abolition of the police force comprising constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix) (“the old transport police”); and that provision may include, in particular, provision—

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

(b) for the transfer to the Authority of property held ... for the purpose of or in connection with the old transport police;

(d) for employment to be treated as continuous in the case of staff transferred;

(e) for or in relation to the continuity (with or without modifications) of a scheme in respect of pensions, which may include a scheme having effect under an instrument;

(f) for provision under paragraph (c) or (e) to be treated as having a specified effect for the purposes of an enactment about pension schemes;

(g) for a pension scheme to have effect with specified modifications (which may include the conferring of a discretionary function on the Secretary of State) for the purpose of ensuring or enhancing consistency of treatment in relation to—

(i) different classes of employee of the Authority, or

(ii) schemes appertaining to different classes of employee of the Authority;

(h) treating persons appointed to the old transport police as having been appointed under this Part;

(i) for dealing with—

(i) the termination of agreements made in respect of the old transport police;

(ii) the treatment of rights and liabilities under agreements made in respect of the old transport police by persons who enter into police services agreements with the Authority (whether or not they are required to do so);

(j) for the assignment or transfer (under paragraphs (a) to (c)) of property, rights or liabilities that would not otherwise be capable of being assigned or transferred;

(k) about the continuity of legal proceedings;

(l) to have effect in place of the provision relating to bankruptcy restrictions orders while the enactment conferring power to make those orders has not come into force;

(m) in respect of the period (if any) between the coming into force of section 18 and the beginning of the first financial year of the Authority.

(4) An order under subsection (2) may amend an enactment or instrument.

Regulations and orders

74

(1) An order or regulations under this Part—

(a) may make provision which applies generally or only in specified cases or circumstances,

(b) may make different provision for different cases or circumstances, and

(2) An order or regulations made by the Secretary of State under this Part shall be made by statutory instrument.

(3) The following shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament—

(a) an order under section 73(2) which amends an enactment or instrument,

(b) an order under section 73(2) which is made by virtue of section 73(3), and

(4) Any other order or regulations made by the Secretary of State under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

75

(1) For the purposes of this Part (including, except where the context requires otherwise, subsections (2) to (5) below) “railway” means—

(a) a railway within the meaning given by section 67(1) of the Transport and Works Act 1992 (c. 42) (interpretation), and

(b) a tramway within the meaning given by that section.

(2) For the purposes of this Part “railway services” means the management or control, or participation in the management or control, of all or any part or aspect of a railway or railway property.

(3) For the purposes of this Part “railway property” means—

(a) a track,

(b) a network,

(d) a light maintenance depot,

(e) a railway vehicle on a network or tramway,

(f) rolling stock on a network or tramway,

(g) a train used on a network, and

(h) a vehicle used on a tramway.

(4) For the purposes of this Part (including subsections (1)(b) and (3) above) “tramway” has the meaning given by section 67(1) of the Transport and Works Act 1992 (c. 42).

(5) For the purposes of this Part the following expressions have the meaning given by section 82 or 83 of the Railways Act 1993 (c. 43) (interpretation) (or, where appropriate, an equivalent meaning in relation to a tramway)—

(a) light maintenance depot,

(b) network,

(d) rolling stock,

(e) station,

(f) track, and

(g) train.

(6) In this Part unless the context requires otherwise a reference to a constable of the Police Force includes a reference to a constable of any rank.

(7) In this Part a reference to the National Policing Plan is a reference to the plan provided for in section 36A of the Police Act 1996 (c. 16).

(8) This section is subject to section 77(2).

Index of defined expressions

76

The following expressions are defined for the purposes of this Part by the provisions specified.

Extent

77

(1) This Part shall extend only to—

(a) England and Wales, and

(b) Scotland.

(2) In the application of this Part in relation to Scotland any reference to a tramway shall be disregarded.

(3) The powers exercisable by virtue of section 28 shall not be exercisable in relation to Scotland.

Part 4 — Shipping: Alcohol and Drugs

Offences

Professional staff on duty

78

(1) This section applies to—

(a) a professional master of a ship,

(b) a professional pilot of a ship, and

(2) A person to whom this section applies commits an offence if his ability to carry out his duties is impaired because of drink or drugs.

(3) A person to whom this section applies commits an offence if the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.

(4) For the purposes of this section a master, pilot or seaman is professional if (and only if) he acts as master, pilot or seaman in the course of a business or employment.

(5) Where a person is charged with an offence under this section in respect of the effect of a drug on his ability to carry out duties on a fishing vessel, it is a defence for him to show that—

(a) he took the drug for a medicinal purpose on, and in accordance with, medical advice, or

(b) he took the drug for a medicinal purpose and had no reason to believe that it would impair his ability to carry out his duties.

Professional staff off duty

79

(1) This section applies to a professional seaman in a ship at a time when—

(a) he is not on duty, but

(b) in the event of an emergency he would or might be required by the nature or terms of his engagement or employment to take action to protect the safety of passengers.

(2) A person to whom this section applies commits an offence if his ability to take the action mentioned in subsection (1)(b) is impaired because of drink or drugs.

(3) A person to whom this section applies commits an offence if the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.

(4) For the purposes of this section a seaman is professional if (and only if) he acts as seaman in the course of a business or employment.

(5) Where a person is charged with an offence under this section in respect of the effect of a drug on his ability to take action it is a defence for him to show that—

(a) he took the drug for a medicinal purpose on, and in accordance with, medical advice, or

(b) he took the drug for a medicinal purpose and had no reason to believe that it would impair his ability to take the action.

Non-professionals

80

(1) This section applies to a person who—

(a) is on board a ship which is under way,

(b) is exercising, or purporting or attempting to exercise, a function in connection with the navigation of the ship, and

(2) A person to whom this section applies commits an offence if his ability to exercise the function mentioned in subsection (1)(b) is impaired because of drink or drugs.

(3) A person to whom this section applies commits an offence if the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.

(4) The Secretary of State may make regulations providing for subsection (3) not to apply in specified circumstances.

(5) Regulations under subsection (4) may make provision by reference, in particular—

(a) to the power of a motor;

(b) to the size of a ship;

Prescribed limit

81

(1) The prescribed limit of alcohol for the purposes of this Part is—

(a) in the case of breath, 25 microgrammes of alcohol in 100 millilitres,

(b) in the case of blood, 50 milligrammes of alcohol in 100 millilitres, and

(2) The Secretary of State may make regulations amending subsection (1).

Enforcement

Penalty

82

A person guilty of an offence under this Part shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b) on summary conviction, to a fine not exceeding the statutory maximum.

Specimens, &c.

83

(1) The provisions specified in the first column of the table below, with the modifications specified in the third column and any other necessary modifications, shall have effect in relation to an offence under this Part.

(1A) The references in the table to provisions of the Road Traffic Act 1988 or the Road Traffic Offenders Act 1988 are, subject to any contrary intention expressed in this Part or in any other enactment, references to those provisions as amended from time to time.

Provision	Description	Modification
Road Traffic Act1988 (c. 52)	Road Traffic Act1988 (c. 52)	Road Traffic Act1988 (c. 52)
Section 6	Power to administer preliminary tests	In place of subsections (2) to (5) the power to require a person to co-operate with a preliminary test shall apply where—a constable in uniform reasonably suspects that the person is committing an offence under section 78, 79 or 80,a constable in uniform reasonably suspects that the person has committed an offence under section 78, 79 or 80 and still has alcohol or a drug in his body or is still under the influence of a drug, oran accident occurs owing to the presence of a ship in a public place and a constable reasonably suspects that the person was at the time of the accident a person to whom section 78, 79 or 80 applied.
Sections 6A to 6E	Preliminary breath test, impairment test, and drug test	In place of sections 6A(2) and (3), 6B(4) and 6C(2), a preliminary breath test, preliminary impairment test or preliminary drug test may be administered by a constable—at or near the place where the requirement to co-operate with the test is imposed, orat a police station specified by the constable. In section 6B(3) a reference to unfitness to drive shall be treated as a reference to having an impaired ability, because of drink or drugs, to do anything specified in section 78(2), 79(2) or 80(2). In section 6C, the following shall be disregarded—in subsection (1)(b), the words following “in his body”;subsection (3).In section 6D, subsection (1)(b) shall be disregarded.
Section 7	Provision of specimen	In subsection (1) the reference to an offence under section 3A, 4 or 5 of the 1988 Act shall be treated as a reference to an offence under section 78, 79 or 80 of this Act.Subsection (1A) shall be disregarded. In subsection (2)(b), the reference to the circumstances in which section 6(5) of the 1988 Act applies shall be treated as a reference to the circumstances in which the following provision of this table applies: paragraph (c) of the modifications specified for section 6 of the 1988 Act. In subsection (3)(c) the reference to an offence under section 3A , 4 or 5A of the 1988 Act shall be treated as a reference to an offence under section 78(2), 79(2) or 80(2) of this Act.
Section 7A	Specimen of blood taken from person incapable of consenting
Section 8	Breath specimen showing higher alcohol level to be disregarded
Section 9	Protection for hospital patient
Section 10	Detention of person affected by alcohol or drug	In subsection (1)—the reference to driving or attempting to drive a mechanically propelled vehicle on a road shall be treated as a reference to exercising a function in connection with the navigation of a ship, andthe reference to an offence under section 4 , 5 or 5A of the 1988 Act shall be treated as a reference to an offence under section 78, 79 or 80 of this Act.In subsection (2) the reference to driving a mechanically propelled vehicle shall be treated as a reference to exercising a function in connection with the navigation of a ship. In subsection (2), paragraph (c) shall be disregarded. In subsection (3) the reference to driving properly shall be treated as a reference to exercising a function in connection with the navigation of a ship.
Section 11	Interpretation	For the definition of “the prescribed limit” there shall be substituted the definition given in this Part.
Road Traffic Offenders Act1988 (c. 53)	Road Traffic Offenders Act1988 (c. 53)	Road Traffic Offenders Act1988 (c. 53)
Section 15	Use of specimens	In subsection (1), the reference to an offence under any of sections 3A to 5A of the Road Traffic Act 1988 shall be treated as a reference to an offence under section 78, 79 or 80 of this Act. Subsection (2)(b) shall be disregarded. The relevant time for the consumption of alcohol for the purpose of subsection (3)(a) shall be before providing the specimen and after the time of the alleged offence.In subsection (3)(b) the reference to driving shall be treated as a reference to exercising a function in connection with the navigation of a ship. Subsection (3A) shall be disregarded.
Section 16	Documentary evidence

(2) The Secretary of State may by regulations amend the table in subsection (1) so as—

(a) to add a provision relating to an offence which concerns alcohol or drugs in relation to road traffic;

(b) to add, remove or amend a modification (whether or not in connection with an amendment of a provision specified in the table).

(3) For the purpose of the application by subsection (1) of a provision listed in the table in that subsection—

(a) the provision shall extend to the whole of the United Kingdom, and

(b) a reference to the provision shall be treated, unless the context otherwise requires, as including a reference to the provision as applied.

Detention pending arrival of police

84

(1) A marine official may detain a ship if he reasonably suspects that a person who is or may be on board the ship—

(a) is committing an offence under section 78, 79 or 80, or

(b) has committed an offence under section 78, 79 or 80.

(2) The power of detention under subsection (1)—

(a) is conditional upon the marine official making a request, either before the detention or as soon as possible after its commencement, for a constable in uniform to attend, and

(b) lapses when a constable in uniform has decided whether or not to exercise a power by virtue of section 83 and has informed the marine official of his decision.

(3) In this section “marine official” means—

(a) a harbour master, or an assistant of a harbour master, appointed by a harbour authority,

(b) a person listed in section 284(1)(a) to (d) of the Merchant Shipping Act 1995 (c. 21)(detention of ship), and

(4) In construing section 284(1)(b) of the Merchant Shipping Act 1995 (detention by person authorised by Secretary of State) for the purpose of subsection (3)(b) above, the reference to authorisation to exercise powers under that section shall be taken as a reference—

(a) to general authorisation to exercise powers under that section, and

(b) to general or particular authorisation to exercise powers under this section.

Arrest without warrant

85

(1) A constable may arrest a person without a warrant if the constable reasonably suspects that the person—

(a) is committing an offence under section 78(2), 79(2) or 80(2), or

(b) has committed one of those offences and is still under the influence of drink or drugs.

(2) But a person may not be arrested under this section while he is at a hospital as a patient.

(3) In subsection (2) “hospital” means an institution which—

(a) provides medical or surgical treatment for in-patients or out-patients, and

(b) is not on a ship.

(4) Arrest under this section shall be treated as arrest for an offence for the purposes of—

(a) Part IV of the Police and Criminal Evidence Act 1984 (c. 60) (detention), and

(b) Part V of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (detention).

Right of entry

86

(1) A constable in uniform may board a ship if he reasonably suspects that he may wish to exercise a power by virtue of section 83 or under section 85 in respect of a person who is or may be on the ship.

(2) A constable in uniform may enter any place if he reasonably suspects that he may wish to exercise a power by virtue of section 83 or under section 85 in respect of a person who is or may be in that place.

(3) For the purposes of boarding a ship or entering a place under this section a constable—

(a) may use reasonable force;

(b) may be accompanied by one or more persons.

General

Consequential repeal

87

Section 117 of the Merchant Shipping Act 1995 (c. 21) (drunkenness on duty) shall cease to have effect.

Orders and regulations

88

(1) An order or regulations under this Part may—

(a) make transitional, supplemental and incidental provision;

(b) make provision generally or for specified purposes only;

(2) The power under section 84(3)(c) for the Secretary of State to designate a class of person includes a power for him to designate—

(a) himself, or

(b) one or more persons employed in his Department.

(3) An order or regulations under this Part shall be made by statutory instrument.

(4) Regulations under this Part shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(5) An order under section 84(3)(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Before making regulations under section 81(2) the Secretary of State shall consult such organisations as he thinks fit.

Interpretation

89

(1) In this Part—

(a) “ship” includes every description of vessel used in navigation, and

(b) a reference to the navigation of a vessel includes a reference to the control or direction, or participation in the control or direction, of the course of a vessel.

(2) Section 313 of the Merchant Shipping Act 1995 (c. 21) (interpretation) shall apply to the following expressions used in this Part—

(a) fishing vessel,

(b) foreign ship,

(d) master,

(e) registered,

(f) seaman,

(g) United Kingdom ship, and

(h) United Kingdom waters.

(3) In this Part “pilot” has the meaning given by section 31(1) of the Pilotage Act 1987 (c. 21) (interpretation).

(4) Regulations under section 267(4)(a) of the Merchant Shipping Act 1995 (power to define “accident” for the purposes of provisions about marine accident investigations) shall, so far as is practicable, apply to the word “accident” as used in relation to this Part.

(5) In this Part “drug” includes any intoxicant other than alcohol.

Crown application, &c.

90

(1) This Part shall not apply to a member of any of Her Majesty's forces (within the meaning of the Armed Forces Act 2006) while acting in the course of his duties.

(2) Subject to subsection (1), this Part shall apply to a person in the service of the Crown.

(3) But section 84 shall not have effect in relation to a ship which—

(a) is being used for a purpose of Her Majesty’s forces, or

(b) forms part of the Royal Fleet Auxiliary Service.

(4) This Part shall not apply to—

(a) a member of a visiting force, within the meaning which that expression has in section 3 of the Visiting Forces Act 1952 (c. 67) by virtue of section 12(1) of that Act, while acting in the course of his duties, or

(b) a member of a civilian component of a visiting force, within that meaning, while acting in the course of his duties.

Territorial application

91

(1) This Part shall have effect in relation to—

(a) United Kingdom ships,

(b) foreign ships in United Kingdom waters, and

(2) Section 86 shall not extend to Scotland.

(3) Subsection (2) does not affect any rule of law or enactment concerning the right of a constable in Scotland to board a ship or enter any place for any purpose.

Part 5 — Aviation: Alcohol and Drugs

Offences

Being unfit for duty

92

(1) A person commits an offence if—

(a) he performs an aviation function at a time when his ability to perform the function is impaired because of drink or drugs, or

(b) he carries out an activity which is ancillary to an aviation function at a time when his ability to perform the function is impaired because of drink or drugs.

(2) In this section “drug” includes any intoxicant other than alcohol.

(3) Section 94 defines “aviation function” and “ancillary activity” for the purposes of this Part.

Prescribed limit

93

(1) A person commits an offence if—

(a) he performs an aviation function at a time when the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit, or

(b) he carries out an activity which is ancillary to an aviation function at a time when the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.

(2) The prescribed limit of alcohol is (subject to subsection (3))—

(a) in the case of breath, 9 microgrammes of alcohol in 100 millilitres,

(b) in the case of blood, 20 milligrammes of alcohol in 100 millilitres, and

(3) In relation to the aviation function specified in section 94(1)(h) the prescribed limit is—

(a) in the case of breath, 35 microgrammes of alcohol in 100 millilitres,

(b) in the case of blood, 80 milligrammes of alcohol in 100 millilitres, and

(4) The Secretary of State may make regulations amending subsection (2) or (3).

(5) Section 94 defines “aviation function” and “ancillary activity” for the purposes of this Part.

Aviation functions

94

(1) For the purposes of this Part the following (and only the following) are aviation functions—

(a) acting as a pilot of an aircraft during flight,

(b) acting as flight navigator of an aircraft during flight,

(d) acting as flight radio-telephony operator of an aircraft during flight,

(e) acting as a member of the cabin crew of an aircraft during flight,

(f) attending the flight deck of an aircraft during flight to give or supervise training, to administer a test, to observe a period of practice or to monitor or record the gaining of experience,

(g) acting as an air traffic controller in pursuance of a licence granted under or by virtue of an enactment (other than a licence granted to a student), and

(h) acting as a licensed aircraft maintenance engineer.

(2) For the purposes of subsection (1)(h) a person acts as a licensed aircraft maintenance engineer if—

(a) he issues a document relating to the maintenance, condition or use of an aircraft or equipment in reliance on a licence granted under or by virtue of an enactment relating to aviation, or

(b) he carries out or supervises work on an aircraft or equipment with a view to, or in connection with, the issue by him of a document of the kind specified in paragraph (a).

(3) For the purposes of this Part a reference to an activity which is ancillary to an aviation function is a reference to anything which falls to be treated as such by virtue of subsections (4) to (6).

(4) An activity shall be treated as ancillary to an aviation function if it is undertaken—

(a) by a person who has reported for a period of duty in respect of the function, and

(b) as a requirement of, for the purpose of or in connection with the performance of the function during that period of duty.

(5) A person who in accordance with the terms of an employment or undertaking holds himself ready to perform an aviation function if called upon shall be treated as carrying out an activity ancillary to the function.

(6) Where a person sets out to perform an aviation function, anything which he does by way of preparing to perform the function shall be treated as an activity ancillary to it.

(7) For the purposes of this Part it is immaterial whether a person performs a function or carries out an activity in the course of an employment or trade or otherwise.

(8) The Secretary of State may by regulations—

(a) amend this section;

(b) make an amendment of this Part which is consequential on an amendment under paragraph (a).

Enforcement

Penalty

95

A person guilty of an offence under this Part shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b) on summary conviction, to a fine not exceeding the statutory maximum.

Specimens, &c.

96

(1) The provisions specified in the first column of the table below, with the modifications specified in the third column and any other necessary modifications, shall have effect in relation to an offence under this Part.

(1A) The references in the table to provisions of the Road Traffic Act 1988 or the Road Traffic Offenders Act 1988 are, subject to any contrary intention expressed in this Part or in any other enactment, references to those provisions as amended from time to time.

Provision	Description	Modification
Road Traffic Act1988 (c. 52)	Road Traffic Act1988 (c. 52)	Road Traffic Act1988 (c. 52)
Section 6	Power to administer preliminary tests	In place of subsections (2) to (5) the power to require a person to co-operate with a preliminary test shall apply where—a constable in uniform reasonably suspects that the person is committing an offence under section 92 or 93,a constable in uniform reasonably suspects that the person has committed an offence under section 92 or 93 and still has alcohol or a drug in his body or is still under the influence of a drug,an aircraft is involved in an accident and a constable reasonably suspects that the person was undertaking an aviation function, or an activity ancillary to an aviation function, in relation to the aircraft at the time of the accident, oran aircraft is involved in an accident and a constable reasonably suspects that the person has undertaken an aviation function, or an activity ancillary to an aviation function, in relation to the aircraft.
Sections 6A to 6E	Preliminary breath test, impairment test, and drug test	In place of sections 6A(2) and (3), 6B(4) and 6C(2), a preliminary breath test, preliminary impairment test or preliminary drug test may be administered by a constable—at or near the place where the requirement to co-operate with the test is imposed, orat a police station specified by the constable.In section 6B(3) a reference to unfitness to drive shall be treated as a reference to having an impaired ability, because of drink or drugs, to perform an aviation function or to carry out an activity which is ancillary to an aviation function.In section 6C, the following shall be disregarded—in subsection (1)(b), the words following “in his body”;subsection (3). In section 6D, subsection (1)(b) shall be disregarded.
Section 7	Provision of specimen	In subsection (1) the reference to an offence under section 3A, 4 or 5 of the 1988 Act shall be treated as a reference to an offence under section 92 or 93 of this Act. Subsection (1A) shall be disregarded. In subsection (2)(b), the reference to the circumstances in which section 6(5) of the 1988 Act applies shall be treated as a reference to the circumstances in which the following provisions of this table apply: paragraphs (c) and (d) of the modifications specified for section 6 of the 1988 Act.In subsection (3)(c) the reference to an offence under section 3A, 4 or 5A of the 1988 Act shall be treated as a reference to an offence under section 92 of this Act.
Section 7A	Specimen of blood taken from person incapable of consenting
Section 8	Breath specimen showing higher alcohol level to be disregarded	. . .
Section 9	Protection for hospital patient
Section 10	Detention of person affected by alcohol or drug	In subsection (1)—the reference to driving or attempting to drive a mechanically propelled vehicle on a road shall be treated as a reference to performing an aviation function of the kind in respect of which the requirement to provide a specimen was imposed, andthe reference to an offence under section 4, 5 or 5A of the 1988 Act shall be treated as a reference to an offence under section 92 or 93 of this Act.In subsection (2) the reference to driving a mechanically propelled vehicle shall be treated as a reference to performing an aviation function. In subsection (2), paragraph (c) shall be disregarded. In subsection (3) the reference to driving properly shall be treated as a reference to performing an aviation function.
Section 11	Interpretation	For the definition of “the prescribed limit” there shall be substituted the definition given in this Part.
Road Traffic Offenders Act1988 (c. 53)	Road Traffic Offenders Act1988 (c. 53)	Road Traffic Offenders Act1988 (c. 53)
Section 15	Use of specimens	In subsection (1), the reference to an offence under any of sections 3A to 5A of the Road Traffic Act 1988 shall be treated as a reference to an offence under section 92 or 93 of this Act. Subsection (2)(b) shall be disregarded. The relevant time for the consumption of alcohol for the purpose of subsection (3)(a) shall be before providing the specimen and after the time of the alleged offence.In subsection (3)(b) the reference to driving shall be treated as a reference to undertaking an aviation function or an activity ancillary to an aviation function. Subsection (3A) shall be disregarded.
Section 16	Documentary evidence

(2) The Secretary of State may by regulations amend the table in subsection (1) so as—

(a) to add a provision relating to an offence which concerns alcohol or drugs in relation to road traffic;

(b) to add, remove or amend a modification (whether or not in connection with an amendment of a provision specified in the table).

(3) For the purpose of the application by subsection (1) of a provision listed in the table in that subsection—

(a) the provision shall extend to the whole of the United Kingdom, and

(b) a reference to the provision shall be treated, unless the context otherwise requires, as including a reference to the provision as applied.

Arrest without warrant

97

(1) A constable may arrest a person without a warrant if the constable reasonably suspects that the person—

(a) is committing an offence under section 92, or

(b) has committed an offence under that section and is still under the influence of drink or drugs.

(2) But a person may not be arrested under this section while he is at a hospital as a patient.

(3) In subsection (2) “hospital” means an institution which provides medical or surgical treatment for in-patients or out-patients.

(4) Arrest under this section shall be treated as arrest for an offence for the purposes of—

(a) Part IV of the Police and Criminal Evidence Act 1984 (c. 60) (detention), and

(b) Part V of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (detention).

Right of entry

98

(1) A constable in uniform may board an aircraft if he reasonably suspects that he may wish to exercise a power by virtue of section 96 or under section 97 in respect of a person who is or may be on the aircraft.

(2) A constable in uniform may enter any place if he reasonably suspects that he may wish to exercise a power by virtue of section 96 or under section 97 in respect of a person who is or may be in that place.

(3) For the purposes of boarding an aircraft or entering a place under this section a constable—

(a) may use reasonable force;

(b) may be accompanied by one or more persons.

General

Regulations

99

(1) Regulations under this Part may—

(a) make transitional, supplemental and incidental provision;

(b) make provision generally or for a specified purpose only;

(2) Regulations under this Part—

(a) shall be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(3) Before making regulations under section 93 or 94 the Secretary of State shall consult such organisations as he thinks appropriate.

Crown application

100

(1) This Part shall apply to a function or activity performed or carried out in relation to an aircraft which belongs to or is employed in the service of the Crown.

(2) This section is subject to section 101.

Military application

101

(1) This Part shall not apply to a function or activity which is performed or carried out by a member of any of Her Majesty's forces (within the meaning of the Armed Forces Act 2006) , acting in the course of his duties.

(2) This Part shall not apply to a function or activity which is performed or carried out by—

(a) a member of a visiting force, within the meaning which that expression has in section 3 of the Visiting Forces Act 1952 (c. 67) by virtue of section 12(1) of that Act, acting in the course of his duties, or

(b) a member of a civilian component of a visiting force, within that meaning, acting in the course of his duties.

(3) This Part shall not apply to a function or activity which is performed or carried out by a military or civilian member of a headquarters, within the meaning given by paragraphs 1 and 2 of the Schedule to the International Headquarters and Defence Organisations Act 1964 (c. 5), acting in the course of his duties.

Territorial application

102

(1) This Part applies in relation to—

(a) a function or activity performed or carried out in the United Kingdom, and

(b) a flight function performed or flight activity carried out on a United Kingdom aircraft.

(2) In subsection (1)—

“flight function” means a function falling within section 94(1)(a) to (f),

“flight activity” means an activity which for the purposes of this Part is ancillary to a flight function, and

“United Kingdom aircraft” means an aircraft which is registered, in accordance with an enactment about aircraft, in the United Kingdom.

(3) Her Majesty may by Order in Council direct that a provision of this Part shall apply (with or without modification)—

(a) to a function or activity performed or carried out in any of the Channel Islands or a British overseas territory;

(b) to a function performed or activity carried out on an aircraft which is registered, in accordance with an enactment about aircraft, in any of the Channel Islands or a British overseas territory.

(4) Section 98 shall not extend to Scotland.

(5) Subsection (4) does not affect any rule of law or enactment concerning the right of a constable in Scotland to board an aircraft or enter any place for any purpose.

Part 6 — Miscellaneous

Convention on International Carriage by Rail

103

(1) The Secretary of State may make regulations for the purpose of giving effect to the Convention concerning International Carriage by Rail signed at Berne on 9th May 1980 as set out in the Annex to the modifying Protocol signed at Vilnius on 3rd June 1999.

(2) Schedule 6 shall have effect (provision which may be made by regulations in connection with that Convention made under subsection (1) above ...).

(3) Regulations made under or by virtue of this section shall bind the Crown except in so far as they provide to the contrary.

(4) Regulations made under this section shall be made by statutory instrument.

(5) Regulations made under or by virtue of this section may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(6) This section extends to the whole of the United Kingdom.

Office of Rail Regulation: general duties

104

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

Railways safety levy

105

(1) The following shall be inserted after section 43 of the Health and Safety at Work etc. Act 1974 (c. 37) (financial provision)—

(43A) (1) The Secretary of State may make regulations requiring persons who provide railway services to pay railway safety levy. (2) Railway safety levy shall be applied only for the purpose of meeting expenses incurred— (a) in respect of activity undertaken by the Executive in reliance on section 117 of the Railways Act 1993 (safety of railways, &c.), or (b) in respect of activity undertaken by the Executive, under or by virtue of any other enactment, in relation to a transport system to which that section applies. (3) The railway safety levy shall not be used to meet— (a) an expense in respect of which a fee is payable under regulations made under section 43, or (b) an expense in respect of a matter specified by the regulations for the purpose of this paragraph. (4) Where an expense is incurred partly in respect of activity within subsection (2)(a) or (b) and partly in respect of other activity, the railway safety levy may be used to meet a part of that expense which is reasonably referable to activity within subsection (2)(a) or (b). (5) Regulations under subsection (1) may, in particular, determine or enable the Commission or the Executive to determine— (a) the total amount of the railway safety levy to be imposed in respect of a specified period; (b) the persons by whom the levy is to be paid; (c) the criteria for assessing the proportion of the levy to be paid by a particular person (which may, in particular, refer to the size of a person’s income or provide for an amount to be reduced or waived in specified circumstances); (d) the periods in respect of which the levy is to be paid; (e) the manner in which the levy is to be paid; (f) the person to whom the levy is to be paid; (g) when the levy is to be paid. (6) Regulations under subsection (1) may, in particular, enable the Commission or the Executive— (a) to require a person who provides railway services to supply information for the purposes of the consideration of a matter specified in subsection (5); (b) where information requested is not supplied, to make assumptions; (c) to revise a determination of a matter specified in subsection (5) (whether before, during or after the period to which it relates); (d) to make refunds. (7) Regulations by virtue of subsection (6)(a) may, in particular, make provision— (a) about the manner and timing of the supply of information; (b) about certification of the accuracy of information supplied; (c) creating a criminal offence in connection with the supply of inaccurate or misleading information (but not an offence punishable with imprisonment). (8) Regulations under subsection (1) may enable payment to be enforced by civil proceeding. (9) For the purposes of this section a person provides railway services if he manages or controls, or participates in managing or controlling, a transport system to which section 117 of the Railways Act 1993 applies.

(2) In section 28(1)(a) of that Act (restriction on disclosure of information) after “27A above” insert “ , by virtue of section 43A(6) below ”.

(3) In section 82 of that Act (general provisions)—

(a) in subsection (3)(b) after “which” insert “ (unless subsection (4) applies) ”, and

(b) after subsection (3) insert—

(4) The first regulations under section 43A(1) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

Railway security services

106

The following shall be inserted after section 121 of the Railways Act 1993 (c. 43) (security: inspection)—

(121A) (1) In this section “railway security service” means a process or activity carried out for the purpose of— (a) complying with a requirement of an instruction under section 119, or (b) facilitating a person’s compliance with a requirement of an instruction under section 119. (2) Regulations may provide for the Secretary of State to maintain a list of persons who are approved by him for the provision of a particular railway security service. (3) The regulations may— (a) prohibit the provision of a railway security service by a person who is not listed in respect of that service; (b) prohibit the use or engagement for the provision of a railway security service of a person who is not listed in respect of that service; (c) create a criminal offence; (d) make provision about application for inclusion in the list (including provision about fees); (e) make provision about the duration and renewal of entries on the list (including provision about fees); (f) make provision about training or qualifications which persons who apply to be listed or who are listed are required to undergo or possess; (g) make provision about removal from the list which shall include provision for appeal; (h) make provision about the inspection of activities carried out by listed persons; (i) confer functions on the Secretary of State or on a specified person; (j) confer jurisdiction on a court. (4) Regulations under subsection (3)(c)— (a) may not provide for a penalty on summary conviction greater than a fine not exceeding the statutory maximum, (b) may not provide for a penalty of imprisonment on conviction on indictment greater than imprisonment for a term not exceeding two years (whether or not accompanied by a fine), and (c) may create a criminal offence of purporting, with intent to deceive, to do something as a listed person or of doing something, with intent to deceive, which purports to be done by a listed person. (5) An instruction under section 119 may— (a) include a requirement to use a listed person for the provision of a railway security service; (b) provide for all or part of the instruction not to apply or to apply with modified effect where a listed person provides a railway security service. (6) Regulations under this section— (a) may make different provision for different cases, (b) may include incidental, supplemental or transitional provision, (c) shall be made by the Secretary of State by statutory instrument, (d) shall not be made unless the Secretary of State has consulted organisations appearing to him to represent persons affected by the regulations, and (e) shall be subject to annulment in pursuance of resolution of either House of Parliament.

Road traffic: testing for drink and drugs

107

Schedule 7 shall have effect.

Traffic regulation on long distance routes

108

The following shall be inserted after section 22A of the Road Traffic Regulation Act 1984 (c. 27) (traffic regulation for purpose of conserving natural beauty)—

(22B) (1) This section applies where the Secretary of State thinks that, because of the use of a long distance route by vehicular traffic, members of the public cannot safely and conveniently— (a) enjoy the amenities of any part of the route or of the area through which the route runs; (b) take advantage of opportunities for recreation in any part of that area; (c) study nature in any part of that area. (2) The Secretary of State may make an order preventing the use of the route or a specified part of the route— (a) by vehicular traffic, or (b) by vehicular traffic of a specified kind. (3) An order under this section may have effect only in relation to a long distance route which is, or in so far as it is, in England. (4) An order under this section shall be treated for all purposes as if it were a traffic regulation order made by the Secretary of State in relation to a road for which he is the traffic authority (and, in particular, any provision of this Act about the making or effect of such an order shall apply).

Road traffic: fixed penalty

109

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

Seat belts: delivery drivers

110

The following shall be substituted for section 14(2)(b)(i) of the Road Traffic Act 1988 (c. 52) (seat belts: exceptions: delivery drivers)—

(i) the driver of or a passenger in a motor vehicle constructed or adapted for carrying goods, while on a journey which does not exceed the prescribed distance and which is undertaken for the purpose of delivering or collecting any thing,

Highways: snow and ice

111

After section 41(1) of the Highways Act 1980 (c. 66) (duty of highway authority to maintain highway) insert—

(1A) In particular, a highway authority are under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice.

Shipping legislation: application to structures, craft, &c.

112

(1) The Secretary of State may by order—

(a) provide for a shipping provision to apply (with or without modification) in relation to specified things which are used, navigated or situated wholly or partly in or on water;

(b) provide for a shipping provision not to apply in relation to specified things which are used, navigated or situated wholly or partly in or on water;

(c) modify a shipping provision in its application in relation to specified things which are used, navigated or situated wholly or partly in or on water.

(2) In this section “shipping provision” means a provision which—

(a) is made by or by virtue of an Act (including this Act), and

(b) is expressed to apply in relation to ships, vessels or boats (or a specified class or description of ship, vessel or boat).

(3) An order under subsection (1) may, in particular, be made in respect of a provision which—

(a) confers power to legislate, or

(b) creates an offence.

(4) An order under subsection (1) shall have effect despite (and may amend) any provision which—

(a) forms part of or relates to the shipping provision concerned, and

(b) defines “ship”, “vessel” or “boat” or in any other way limits or determines the application of the shipping provision concerned.

(5) An order under subsection (1) may—

(a) make different provision for different purposes;

(b) make provision for an individual case;

(d) make transitional provision.

(6) An order under subsection (1)(a) or (c) may provide for the shipping provision not to apply, or to apply with specified modifications, where it would conflict with a specified provision or class of provision made by or by virtue of an enactment.

(7) An order under subsection (1)—

(a) shall be made by statutory instrument,

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

(c) shall not be made unless the Secretary of State has consulted with organisations in the United Kingdom which appear to him to be representative of persons who will be affected by the order.

(8) Section 311 of the Merchant Shipping Act 1995 (c. 21) (application of Act to structures, &c.) shall cease to have effect.

(9) This section extends to the whole of the United Kingdom.

Maritime security services

113

The following shall be inserted after section 36 of the Aviation and Maritime Security Act 1990 (c. 31) (security directions: inspection)—

(36A) (1) In this section “maritime security service” means a process or activity carried out for the purpose of— (a) complying with a requirement of a direction under any of sections 21 to 24, or (b) facilitating a person’s compliance with a requirement of a direction under any of those sections. (2) Regulations may provide for the Secretary of State to maintain a list of persons who are approved by him for the provision of a particular maritime security service. (3) The regulations may— (a) prohibit the provision of a maritime security service by a person who is not listed in respect of that service; (b) prohibit the use or engagement for the provision of a maritime security service of a person who is not listed in respect of that service; (c) create a criminal offence; (d) make provision about application for inclusion in the list (including provision about fees); (e) make provision about the duration and renewal of entries on the list (including provision about fees); (f) make provision about training or qualifications which persons who apply to be listed or who are listed are required to undergo or possess; (g) make provision about removal from the list which shall include provision for appeal; (h) make provision about the inspection of activities carried out by listed persons; (i) confer functions on the Secretary of State or on a specified person; (j) confer jurisdiction on a court. (4) Regulations under subsection (3)(c)— (a) may not provide for a penalty on summary conviction greater than a fine not exceeding the statutory maximum, (b) may not provide for a penalty of imprisonment on conviction on indictment greater than imprisonment for a term not exceeding two years (whether or not accompanied by a fine), and (c) may create a criminal offence of purporting, with intent to deceive, to do something as a listed person or of doing something, with intent to deceive, which purports to be done by a listed person. (5) A direction under any of sections 21 to 24 may— (a) include a requirement to use a listed person for the provision of a maritime security service; (b) provide for all or part of the direction not to apply or to apply with modified effect where a listed person provides a maritime security service. (6) Regulations under this section— (a) may make different provision for different cases, (b) may include incidental, supplemental or transitional provision, (c) shall be made by the Secretary of State by statutory instrument, (d) shall not be made unless the Secretary of State has consulted organisations appearing to him to represent persons affected by the regulations, and (e) shall be subject to annulment in pursuance of resolution of either House of Parliament.

Railways in London: transfers

114

(1) A scheme under section 409(1) or (2) of the Greater London Authority Act 1999 (c. 29) (transfer schemes) which transfers property, rights or liabilities—

(a) from London Regional Transport or a subsidiary of London Regional Transport, and

(b) to Transport for London or a subsidiary of Transport for London,

may provide that section 412(3) of that Act (transfer not to trigger or breach contractual provision) shall not apply in relation to the transfer.

(2) A transfer scheme within the meaning of paragraph 1 of Schedule 12 to that Act (schemes made by Transport for London) which transfers property, rights or liabilities may provide that paragraph 2(3) of that Schedule (transfer not to trigger or breach contractual provision) shall not apply in relation to the transfer.

(3) Provision included in a scheme by virtue of subsection (1) or (2) may disapply section 412(3) of, or paragraph 2(3) of Schedule 12 to, that Act—

(a) generally,

(b) only in relation to a specified contract or instrument, or class of contract or instrument,

(d) only in relation to a specified transfer, or

(e) by reference to a combination of matters mentioned in paragraphs (b) to (d).

(4) Paragraph 2(3) of Schedule 12 to that Act shall not apply in respect of the transfer of property, rights or liabilities which—

(a) have been transferred under a scheme which provided for section 412(3) not to apply in relation to the transfer in reliance on subsection (1) above, or

(b) arise out of property, rights or liabilities transferred as described in paragraph (a).

(5) Before the date on which London Underground Limited becomes a subsidiary of Transport for London—

(a) section 217 of that Act (transfer of key system assets) shall have effect as if—

(i) the reference to Transport for London in subsection (1) included a reference to London Regional Transport, and

(ii) the list of bodies in subsection (2) included London Underground Limited and any subsidiary,

(b) section 221 of that Act (Public-Private Partnership administration order) shall have effect as if a reference to the Mayor were a reference to London Regional Transport,

(c) section 222 of that Act (restriction on winding-up Public-Private Partnership company) shall have effect as if a reference to the Mayor were a reference to London Regional Transport, and

(d) Schedules 14 and 15 to that Act (Public-Private Partnership administration order) shall have effect (including in so far as they modify another enactment) as if a reference to the Mayor were a reference to London Regional Transport.

(6) Section 425(3) of that Act (restriction on commencement of sections 220 to 224) shall cease to have effect.

Railways in London: information

115

(1) The enactments listed in subsection (2) shall not prevent or restrict the provision of information to the Public-Private Partnership Agreement Arbiter appointed under section 225(1) of the Greater London Authority Act 1999 (c. 29).

(2) Those enactments are—

(a) section 133 of the Fair Trading Act 1973 (c. 41),

(b) section 174 of the Consumer Credit Act 1974 (c. 39),

(d) section 19 of the Competition Act 1980 (c. 21),

(e) section 101 of the Telecommunications Act 1984 (c. 12),

(f) section 74 of the Airports Act 1986 (c. 31),

(g) section 38 of the Consumer Protection Act 1987 (c. 43),

(h) section 206 of the Water Industry Act 1991 (c. 56),

(i) section 204 of the Water Resources Act 1991 (c. 57),

(j) section 145 of the Railways Act 1993 (c. 43),

(k) section 55 of the Competition Act 1998 (c. 41),

(l) section 105 of the Utilities Act 2000 (c. 27), and

(m) section 237 of the Enterprise Act 2002 (c. 40).

Part 7 — General

Schedules 1 and 4: sequestration, &c. in Scotland

116

Where a person becomes, under paragraph 2(d) of Schedule 1, liable to dismissal or, under paragraph 7(4) of Schedule 4, ineligible for appointment—

(a) by reason that his estate has been sequestrated, he shall cease to be so liable or ineligible—

(i) in the case of the sequestration of his estate being recalled or reduced, on the date of that event; and

(ii) in any other case, on his obtaining a discharge;

(b) by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors, he shall cease to be so liable or ineligible—

(i) in the case of his paying his debts in full, on the date on which the payment is completed; and

(ii) in any other case, at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled.

Interpretation: enactment

117

In this Act “enactment” includes—

(a) an Act of the Scottish Parliament,

(b) an instrument made under an Act of the Scottish Parliament, and

Repeals

118

The enactments listed in Schedule 8 are hereby repealed to the extent specified.

Money

119

Expenditure of the Secretary of State in consequence of this Act shall be paid out of money provided by Parliament.

Commencement

120

(1) Subject to subsections (5) to (8), the preceding provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order.

(2) An order under this section—

(a) may make provision which applies only for a specified purpose;

(b) may make different provision for different purposes;

(3) An order under this section in respect of Schedule 1 may, in particular, make provision to have effect in place of the provision relating to bankruptcy restrictions orders while the enactment conferring power to make those orders has not come into force.

(4) An order under this section shall be made by statutory instrument.

(5) Section 104 (and the relevant entry in Schedule 8) shall come into force on the passing of this Act.

(6) Section 105 shall come into force at the end of the period of two months beginning with the date on which this Act is passed.

(7) Section 112 (and the relevant entry in Schedule 8) shall come into force at the end of the period of two months beginning with the date on which this Act is passed.

(8) Section 114 (and the relevant entry in Schedule 8) shall come into force on the passing of this Act.

Extent

121

(1) The following provisions of this Act make provision about extent or territorial application—

(a) section 14 (in relation to Part 1),

(b) section 17 (in relation to Part 2),

(d) section 91 (in relation to Part 4),

(e) section 102 (in relation to Part 5), and

(f) sections 103(6), 109(2) and 112(9) (in Part 6).

(2) An amendment or repeal of an enactment effected by this Act shall have the same extent as the enactment (or the relevant part of the enactment) amended or repealed.

(3) Subsection (2)—

(a) has effect despite any of the provisions listed in subsection (1), but

(b) does not apply to section 109.

Short title

122

This Act may be cited as the Railways and Transport Safety Act 2003.

SCHEDULE 1

Constitution

1

(1) The Office of Rail and Road shall consist of a chairman and at least four other members appointed by the Secretary of State.

(2) The chairman or another member—

(a) may not be appointed for a term of more than five years (but may be reappointed),

(b) may resign by notice in writing to the Secretary of State, and

(3) Before appointing a member other than the chairman the Secretary of State shall consult the chairman.

2

The Secretary of State may dismiss a member of the Office by notice in writing on the grounds that the member—

(a) has been absent from meetings of the Office without permission of the Office during a period of more than three months,

(b) has a financial or other personal interest which is likely to influence the performance of his functions as a member,

(c) is the subject of a bankruptcy restrictions orderor an interim bankruptcy restrictions order, or a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB of the Insolvency Act 1986,

(d) has had his estate sequestrated in Scotland or, under Scots law, has made a composition or arrangement with, or granted a trust deed for, his creditors,

(e) has misbehaved, or

(f) is unable, unfit or unwilling to perform his functions as a member.

Staff

3

(1) The Office shall appoint a Chief Executive.

(2) Before appointing a Chief Executive the Office shall—

(a) consult the Secretary of State, and

(b) obtain the Treasury’s approval of the terms and conditions of appointment.

4

(1) The Office may appoint other employees.

(2) The power under sub-paragraph (1) may be exercised only if the Office has the approval of the Treasury as to—

(a) numbers, and

(b) terms and conditions of employment.

5

Service as an employee of the Office is employment in the civil service of the State.

Proceedings

6

The Office may establish one or more committees (which may include persons who are neither members of nor employed by the Office).

7(1)

The Office may delegate a function to—

(a) the Chief Executive or another employee, or

(b) a committee.

(2) Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.

8

The Office shall—

(a) determine arrangements for the conduct of its proceedings (which may, in particular, include arrangements for a quorum), and

(b) publish those arrangements.

9

(1) The Office may do anything which it thinks necessary or expedient for the purpose of or in connection with the performance of its functions.

(2) Sub-paragraph (1) is subject to paragraph 16.

10

The validity of any proceedings of the Office shall not be affected by—

(a) a vacancy, or

(b) a defective appointment.

Money

11

The Office may with the approval of the Secretary of State make to or in respect of members of the Office, employees or committee-members payments by way of or in respect of—

(a) remuneration;

(b) pension;

(d) expenses.

12

(1) This paragraph applies where an employee of the Office becomes a member of the Office.

(2) The Secretary of State may determine that the person’s term as a member shall be treated for the purposes of a scheme under section 1 of the Superannuation Act 1972 (c. 11) (civil service pension scheme) as employment in the civil service of the State.

13

If the Secretary of State thinks that special circumstances of a person’s ceasing to be a member of the Office make it appropriate to pay him compensation, the Office may pay him compensation of an amount approved by the Secretary of State (whether or not he receives other benefits by way of pension).

14

The Office may incur expenditure in connection with advisory or other services provided to the Office.

15

Expenditure incurred by the Office in connection with the performance of its functions shall (to the extent not met by other income of the Office) be paid out of money provided by Parliament.

16

The Office may not borrow money.

Conflict of interest

17

(1) Before appointing a person as a member of the Office the Secretary of State shall satisfy himself that the person neither has nor is expected to acquire a financial or other personal interest which is likely to influence the performance of his functions as a member.

(2) From time to time the Secretary of State shall satisfy himself that no member of the Office has a financial or other personal interest which is likely to influence the performance of his functions as a member.

18

(1) Procedural arrangements made by the Office under paragraph 8 shall include arrangements under which a member, employee or committee-member who has a financial or other personal interest which is likely to influence his performance of a particular function is obliged—

(a) to declare the interest, and

(b) to withdraw from the performance of the function to the relevant extent.

(2) Procedural arrangements made by the Office under paragraph 8 shall include arrangements under which a member, employee or committee-member who has a financial or other personal interest which is relevant to a particular function but does not fall under sub-paragraph (1) is obliged—

(a) to declare the interest, and

(b) unless the members of the Office direct otherwise, to withdraw from the performance of the function to the relevant extent.

SCHEDULE 2

Part 1 — Railways Act 1993 (c. 43)

1

The Railways Act 1993 shall be amended as follows.

2

Section 1 and Schedule 1 (the Rail Regulator) shall cease to have effect.

3

Subject to the following paragraphs of this Schedule, in the provisions specified in the following table—

(a) for “the Regulator” substitute “ the Office of Rail Regulation ”,

(b) for “he” and “him”, where they refer only to the Regulator, substitute “ it ”, and

Section	Description	Section	Description
Section 4	General duties	Section 22B	Applications for directions
Section 6	Unauthorised operators	Section 22C	Amendment: supplementary
Section 7	Exemptions	Section 24	Exemption of passenger services
. . .	. . .	Section 26	Invitations to tender
Section 8	Licences	. . .	. . .
Section 9	Conditions of licences	. . .	. . .
Section 11	Assignment of licences	. . .	. . .
Section 12	Modification by agreement	. . .	. . .
Section 13	Modification references	Section 55	Orders for ensuring compliance
Section 14	Reports on references	Section 56	Procedural requirements
Section 15	Modification following report	Section 57A	Penalties
Section 15A	Power to veto modification	Section 57B	Statement of policy
Section 15B	Modification by Commission	Section 57C	Procedural requirements for penalties
Section 15C	Supplementary	Section 67	Respective functions
Section 16	Modification by order	Section 68	Investigatory functions
Section 16A	Provision &c. of facilities	Section 69	General functions
Section 16B	Exemption	Section 71	Publication of information
Section 16C	Applications for directions	Section 72	Keeping of register: Regulator
Section 16D	Procedure	Section 73	Keeping of register: Authority
Section 16E	Decisions: adequate reward	Section 74	Reports: Regulator
Section 16F	Decisions: other provisions	. . .	. . .
Section 16G	Directions	Section 76	Rail Passengers' Council
Section 16H	Code of Practice	. . .	. . .
Section 16I	Supplementary	. . .	. . .
Section 17	Access agreements: directions	Section 95	Transfer schemes: power to require information
Section 18	Access agreements: approval	Section 118	National emergency
Section 19	Access agreements: use of installations	Section 145	Disclosure of information
Section 19A	Review of access charges	. . .	. . .
Section 20	Exemption	. . .	. . .
Section 21	Model clauses	Schedule 4	Access agreements
Section 22	Amendment	Schedule 4A	Review of access charges
Section 22A	Directions to amend

4

In section 7 (exemptions from section 6)—

(a) in subsection (3)(b) for “it” substitute “ the exemption ”, and

(b) in subsection (8) after “he” insert “ or it ”.

5

In section 8(4)(a) and (b) (licences) after “he” insert “ or it ”.

6

In section 9(3)(f) (conditions of licences) after “he” and “him” insert “ or it ”.

7

In section 15(4A) (modification following report)—

(a) omit “he or”, and

(b) in paragraphs (a) and (b) omit “it proposes to”.

8

In section 15C(3) (sections 15A and 15B: supplementary)—

(a) after “shall” insert “ each ”, and

(b) in each place, omit “his or”.

9

In section 20(3)(b) (exemption of railway facilities from sections 17, 18 and 22A) for “it” substitute “ the exemption ”.

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