Office of Public Sector Information
PART III continued
(4) For the purposes of subsection (3) above, a Passenger Transport Executive shall only be the competent authority in relation to those railway passenger services—
(a) which the Executive provides, or secures are provided, by virtue of section 10(1) or 20(2)(b) of the [1968 c. 73.] Transport Act 1968; or
(b) which, in consequence of their being specified in a statement submitted to the Franchising Director under subsection (5) of section 34 above, are provided under a franchise agreement to which the Executive is a party.
(5) For the purposes of subsection (3) above—
(a) a council falling within paragraph (d)(i) of that subsection shall only be the competent authority in relation to those railway passenger services whose provision the council secures under section 63 of the [1985 c. 67.] Transport Act 1985 (passenger transport in areas other than passenger transport areas); and
(b) a council falling within paragraph (d)(ii) of that subsection shall only be the competent authority in relation to those railway passenger services in respect of which the council enters into and carries out agreements under section 59 of the [1984 c. 32.] London Regional Transport Act 1984 (provision of extra transport services in London).
(6) The Secretary of State and the Franchising Director may each, in his capacity as competent authority by virtue of subsection (3) above, give directions to any passenger service operator imposing on him obligations with respect to the provision or operation of railway passenger services.
(7) It shall fall to the Secretary of State or the Franchising Director to make any payments of compensation which are required to be made to a passenger service operator by any provision of the public service obligations regulations in respect of any obligations imposed on that operator by directions under subsection (6) above, and the Secretary of State or the Franchising Director may, subject to and in accordance with the provisions of those regulations, determine the manner of calculating, and the conditions applicable to, those payments.
(8) The power of giving directions under subsection (6) above shall be so exercised that the aggregate amount of any compensation payable under the public service obligations regulations, for periods ending after 1st April 1992, in respect of all obligations imposed by directions under that subsection shall not exceed £3,000 million or such greater sum not exceeding £5,000 million as the Secretary of State may by order specify.
(9) A statutory instrument containing an order under subsection (8) above shall not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.
(10) Without prejudice to any right which the Secretary of State or the Franchising Director may have under this Act to bring civil proceedings in respect of any contravention or apprehended contravention of any directions under subsection (6) above, the obligations imposed by any such directions shall not give rise to any form of duty or liability enforceable against a passenger service operator by proceedings before any court to which the passenger service operator would not otherwise be subject.
(11) In this section—
“the public service obligations regulations” means Council Regulation (EEC) No. 1191/69 on public service obligations in transport, as amended by Council Regulation (EEC) No. 1893/91;
“the railways financial status regulations” means Council Regulation (EEC) No. 1192/69 on common rules with respect to the financial status of railway undertakings.
(12) Expressions used in this section and in Part I above have the same meaning in this section as they have in that Part.
(13) Section 3 of the [1974 c. 48.] Railways Act 1974 (which is superseded by this section) shall cease to have effect.
(1) The Secretary of State may, for the purpose of securing the provision of adequate services for the carriage of goods by railway, enter into agreements with goods service operators under which he undertakes to make payments to the goods service operator in question in respect of all or any part of the track access charges which may be incurred by the goods service operator in connection with the provision of the services to which the agreement relates.
(2) The Secretary of State shall not enter into an agreement by virtue of subsection (1) above unless he is satisfied that benefits of a social or environmental nature are likely to result from the provision of those services for the carriage of goods by railway to which the agreement relates.
(3) Any sums required by the Secretary of State for making payments under agreements entered into by virtue of this section shall be paid out of money provided by Parliament.
(4) In this section—
“goods service operator” means a person who operates services for the carriage of goods by railway;
“track access charge” means any payment required to be made under an access agreement conferring any permission or right to use track;
and expressions used in this section and in Part I above have the same meaning in this section as they have in that Part.
(1) Section 56 of the [1968 c. 73.] Transport Act 1968 (Ministerial grants and local authority payments towards capital expenditure incurred in the provision, improvement or development of facilities for public passenger transport) shall be amended in accordance with the following provisions of this section.
(2) After subsection (2) there shall be inserted—
“(2A) Where a relevant local authority proposes to make payments under subsection (2) of this section in respect of any facilities, that authority may enter into an agreement with the Franchising Director under which the Franchising Director undertakes to exercise franchising functions of his, to refrain from exercising such functions, or to exercise such functions in a particular manner, in relation to the use of the facilities in question.
(2B) In subsection (2A) of this section, the following expressions have the following meanings respectively, that is to say—
“the Franchising Director” means the Director of Passenger Rail Franchising;
“franchising functions”, in relation to the Franchising Director, has the same meaning as it has in relation to him in section 54 of the Railways Act 1993;
“relevant local authority” means—
a non-metropolitan county or district council in England or in Wales;
a London borough council or the Common Council of the City of London; or
a regional or islands council in Scotland;
and any reference to a relevant local authority shall be taken to include a reference to any two or more such authorities acting jointly.”
(3) That section shall have effect, and be taken always to have had effect, with the insertion after subsection (3) (which prevents the making of any such grants or payments for the purposes of the provision, improvement or development of an airfield, harbour, dock, pier or jetty) of the following subsection—
“(3A) Nothing in subsection (3) of this section precludes the making of grants under subsection (1) or payments under subsection (2) thereof for the purposes of the provision, improvement or development of facilities for or in connection with public passenger transport by land to or from an airfield, harbour, dock, pier or jetty.”
(1) The Secretary of State may, out of money provided by Parliament, make grants in accordance with this section towards the provision of any facilities which are to be provided for or in connection with the carriage of goods by railway or the loading or unloading of goods carried or intended to be carried by railway.
(2) The Secretary of State shall not make a grant under this section unless he is satisfied—
(a) that, if the facilities in question are provided, they will be used for or in connection with the carriage, or the loading or unloading, of goods of particular classes or descriptions;
(b) that if the facilities are not provided, those goods will be carried by road; and
(c) that it is in the public interest for those goods to be carried by railway.
(3) Grants under this section shall only be made towards expenditure which appears to the Secretary of State to be expenditure of a capital nature which is to be incurred in providing the facilities in question.
(4) Without prejudice to the generality of subsection (1) above, the facilities towards the provision of which grants under this section may be made include track, rolling stock, depots, access roads and equipment for use in connection with the carriage, loading or unloading of goods.
(5) No grant under this section shall be made except in pursuance of an application made to the Secretary of State by the person who intends to provide the facilities; and any such application shall be supported by such evidence as the Secretary of State may require with respect to—
(a) the use which is to be made of the facilities for or in connection with the carriage of goods by railway or the loading or unloading of goods carried or intended to be carried by railway;
(b) the amount and destination of the goods in connection with which the facilities are to be used; and
(c) the matters as to which he is required by subsection (2)(b) and (c) above to be satisfied if he is to make a grant under this section.
(6) The Secretary of State may, in making a grant under this section, impose such terms and conditions as he thinks fit.
(7) Expressions used in this section and in Part I above have the same meaning in this section as they have in that Part.
(8) Section 8 of the [1974 c. 48.] Railways Act 1974 (freight facilities grants) shall cease to have effect.
(1) The Secretary of State may, out of money provided by Parliament, make grants in accordance with this section towards the provision of any facilities which are to be provided for or in connection with the carriage of goods by inland waterway or the loading or unloading of goods carried or intended to be carried by inland waterway.
(2) The Secretary of State shall not make a grant under this section unless he is satisfied—
(a) that, if the facilities in question are provided, they will be used for or in connection with the carriage, or the loading or unloading, of goods of particular classes or descriptions;
(b) that if the facilities are not provided, those goods will be carried by road; and
(c) that it is in the public interest for those goods to be carried by inland waterway.
(3) Grants under this section shall only be made towards expenditure which appears to the Secretary of State to be expenditure of a capital nature which is to be incurred in providing the facilities in question.
(4) Without prejudice to the generality of subsection (1) above, the facilities towards the provision of which grants under this section may be made include cargo-carrying craft, inland waterway terminals, wharves, access roads and equipment for use in connection with the carriage, loading or unloading of goods.
(5) No grant under this section shall be made except in pursuance of an application made to the Secretary of State by the person who intends to provide the facilities; and any such application shall be supported by such evidence as the Secretary of State may require with respect to—
(a) the use which is to be made of the facilities for or in connection with the carriage of goods by inland waterway or the loading or unloading of goods carried or intended to be carried by inland waterway;
(b) the amount and destination of the goods in connection with which the facilities are to be used; and
(c) the matters as to which he is required by subsection (2)(b) and (c) above to be satisfied if he is to make a grant under this section.
(6) The Secretary of State may, in making a grant under this section, impose such terms and conditions as he thinks fit.
(7) In this section—
“goods” has the same meaning as in Part I above;
“inland waterway” includes every such waterway, whether natural or artificial.
(8) Section 36 of the [1981 c. 56.] Transport Act 1981 (grants to assist the provision of facilities for freight haulage by inland waterway) shall cease to have effect.
(1) If it appears to the Board that any persons employed by the Board, or by any subsidiary of the Board, are taking steps towards—
(a) the submission of such a tender as is mentioned in section 26 above, or
(b) the making of an offer for any part of the Board’s undertaking or for any shares of any subsidiary of the Board,
the Board may provide financial assistance to those persons for the purpose of defraying, in whole or in part, any expenses incurred or to be incurred by them for the purposes of the submission of the tender or the making of the offer.
(2) Without prejudice to the generality of the expression, “steps” includes, for the purposes of subsection (1) above, the formation of, or the acquisition of interests in, a company (in this subsection referred to as an “employees' company”); and accordingly—
(a) any reference in that subsection to the submission of a tender or to the making of an offer includes a reference to the submission of a tender or, as the case may be, to the making of an offer by an employees' company; and
(b) the reference to expenses incurred or to be incurred by those persons includes a reference to expenses incurred or to be incurred by an employees' company.
(3) The Secretary of State may give the Board directions with respect to the provision of financial assistance under this section.
(4) Without prejudice to the generality of subsection (3) above, any such direction may, in particular—
(a) specify a limit on the total amount of the financial assistance which may be provided under this section or on the amount, or the total amount, which may be so provided—
(i) in cases of any particular class or description specified in the direction; or
(ii) during any period or periods so specified; or
(b) require the provision of any such financial assistance by the Board to be subject to conditions, including conditions as to repayment.
(5) Expressions used in this section and in Part I or II above have the same meaning in this section as they have in that Part.
There shall be paid out of money provided by Parliament—
(a) any administrative expenses incurred by the Secretary of State or the Treasury in consequence of the provisions of this Act; and
(b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.
(1) Any power under this Act to make regulations, and any power of the Secretary of State under this Act to make orders, shall be exercisable by statutory instrument.
(2) Any statutory instrument—
(a) which contains (whether alone or with other provisions) regulations or an order under this Act made by the Secretary of State, other than an order under section 136(8) above or section 154(2) below, and
(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Any power conferred by this Act to make regulations, and any power conferred by this Act on the Secretary of State to make an order, includes power, exercisable in the same manner, to make such incidental, supplemental, consequential or transitional provision as may appear necessary or expedient to the authority by whom the power to make the regulations or order is exercisable.
(4) Any power under this Act to make regulations, and any power of the Secretary of State under this Act to make an order, may be exercised—
(a) in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes or descriptions of case;
(b) so as to make, as respects the cases in relation to which it is exercised, different provision for different cases or for different classes or descriptions of case.
(1) It shall be the duty of any person to whom a direction is given under this Act to comply with and give effect to that direction; and, without prejudice to the generality of the foregoing, the Board shall, in particular, comply with and give effect to any direction given under section 84, 85, 89, 90 or 113 above—
(a) notwithstanding any duty imposed upon the Board by section 3(1) of the [1962 c. 46.] Transport Act 1962 or section 41(2) of the [1968 c. 73.] Transport Act 1968; and
(b) in the case of a direction under section 89 or 90 above which relates to a subsidiary of the Board, notwithstanding the interests of the subsidiary or any other member of the subsidiary;
and a Passenger Transport Executive shall, in particular, comply with and give effect to any direction under section 33 or 34(17) above, notwithstanding any duty imposed upon the Executive by section 9A or 20 of the [1968 c. 73.] Transport Act 1968.
(2) Without prejudice to any right which any person may have to bring civil proceedings in respect of any contravention or apprehended contravention of any direction given under this Act, compliance with any such direction shall be enforceable by civil proceedings, by the person by whom the direction was given, for an injunction or interdict or for any other appropriate relief.
(3) Any power conferred by this Act to give a direction shall, unless the context otherwise requires, include power to vary or revoke the direction.
(4) Any direction given under this Act shall be in writing.
(1) Subject to the following provisions of this section, no information with respect to any particular business which—
(a) has been obtained under or by virtue of any of the provisions of this Act; and
(b) relates to the affairs of any individual or to any particular business,
shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.
(2) Subsection (1) above does not apply to any disclosure of information which is made—
(a) for the purpose of facilitating the carrying out by the Secretary of State, the Regulator, the Franchising Director or the Monopolies Commission of any of his or, as the case may be, their functions under this Act;
(b) for the purpose of facilitating the carrying out by—
(i) any Minister of the Crown,
(ii) the Director General of Fair Trading,
(iii) the Monopolies Commission,
(iv) the Director General of Telecommunications,
(v) the Director General of Gas Supply,
(vi) the Director General of Water Supply,
(vii) the Director General of Electricity Supply,
(viii) the Civil Aviation Authority,
(ix) the Insolvency Practitioners Tribunal, or
(x) a local weights and measures authority in Great Britain,
of any of his or, as the case may be, their functions under any of the enactments or instruments specified in subsection (3) below;
(c) for the purpose of enabling or assisting the Secretary of State or the Treasury to exercise any powers conferred by the [1986 c. 60.] Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency or for the purpose of enabling or assisting any inspector appointed under the enactments relating to companies to carry out his functions;
(d) for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the [1986 c. 45.] Insolvency Act 1986 to carry out its functions as such;
(e) for the purpose of facilitating the carrying out by the Health and Safety Commission or the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the [1974 c. 37.] Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;
(f) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;
(g) for the purpose of facilitating the carrying out by the International Rail Regulator of any of his functions under any subordinate legislation made for the purpose of implementing the Directive 91/440/EEC of the Council of the European Communities dated 29th July 1991 on the development of the Community’s railways;
(h) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
(j) for the purposes of any civil proceedings brought under or by virtue of this Act or any of the enactments or instruments specified in subsection (3) below; or
(k) in pursuance of a Community obligation.
(3) The enactments and instruments referred to in subsection (2) above are—
(a) the [1968 c. 29.] Trade Descriptions Act 1968;
(b) the [1973 c. 41.] Fair Trading Act 1973;
(c) the [1974 c. 39.] Consumer Credit Act 1974;
(d) the [1976 c. 34.] Restrictive Trade Practices Act 1976;
(e) the [1976 c. 53.] Resale Prices Act 1976;
(f) the [1979 c. 38.] Estate Agents Act 1979;
(g) the [1980 c. 21.] Competition Act 1980;
(h) the [1984 c. 12.] Telecommunications Act 1984;
(j) the [1986 c. 31.] Airports Act 1986;
(k) the [1986 c. 44.] Gas Act 1986;
(l) the [1986 c. 45.] Insolvency Act 1986;
(m) the [1987 c. 43.] Consumer Protection Act 1987;
(n) the [1989 c. 29.] Electricity Act 1989;
(o) the [1991 c. 29.] Property Misdescriptions Act 1991;
(p) the [1991 c. 56.] Water Industry Act 1991;
(q) the [1991 c. 57.] Water Resources Act 1991;
(r) any subordinate legislation made for the purpose of securing compliance with the Directive 84/450/EEC. of the Council of the European Communities dated 10th September 1984 on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising.
(4) The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such modifications as are specified in the order.
(5) Nothing in subsection (1) above shall be construed—
(a) as limiting the matters which may be published under section 71 above or may be included in, or made public as part of, a report of the Regulator, the Franchising Director, the Monopolies Commission, the Central Committee or a consultative committee under any provision of Part I above;
(b) as applying to any information—
(i) which has been so published or has been made public as part of such a report; or
(ii) which has otherwise been made available to the public by virtue of being disclosed in any circumstances in which, or for any purpose for which, disclosure is not precluded by this section.
(6) Any person who discloses any information in contravention of this section is guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(7) In this section—
“the Central Committee” has the same meaning as in Part I above;
“consultative committee” has the same meaning as in Part I above and includes a reference to the London Regional Passengers' Committee.
(1) If any person, in giving any information or making any application under or for the purposes of any provision of this Act, or of any regulations made under this Act, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he is guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(2) No proceedings shall be instituted in England and Wales in respect of an offence under this section except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
(1) Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Where a Scottish partnership is guilty of an offence under this Act in Scotland and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(1) Subject to subsection (2) below, summary proceedings for an offence under this Act which is triable either on indictment or summarily may be commenced within a period of six months from the date on which evidence sufficient in the opinion of the procurator fiscal to warrant proceedings came to his knowledge.
(2) No such proceedings shall be commenced by virtue of this section more than three years after the commission of the offence.
(3) For the purposes of this section, a certificate signed by or on behalf of the procurator fiscal and stating the date on which evidence sufficient in his opinion to warrant proceedings came to his knowledge shall be conclusive evidence of that fact.
(4) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
(5) Subsection (3) of section 331 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (which relates to the date of commencement of proceedings) shall apply for the purposes of this section as it applies for the purposes of that section.
(6) This section extends to Scotland only.
(1) Any document required or authorised by virtue of this Act to be served (whether the expression “serve” or the expression “give” or “send” or any other expression is used) on any person may be served—
(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or
(b) if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary of that body; or
(c) if the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having the control or management of the partnership business.
(2) For the purposes of this section and section 7 of the [1978 c. 30.] Interpretation Act 1978 (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—
(a) in the case of service on a body corporate or its secretary, it shall be the address of the registered or principal office of the body;
(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership;
and for the purposes of this subsection the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
(3) If a person to be served by virtue of this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined in pursuance of subsection (2) above) as the one at which he or someone on his behalf will accept documents of the same description as that document, then, in relation to that document, that address shall be treated as his proper address for the purposes of this section and for the purposes of the said section 7 in its application to this section, instead of that determined in accordance with subsection (2) above.
(4) This section shall not apply to any document in relation to the service of which provision is made by rules of court.
(5) In this section—
“local authority” includes a metropolitan county passenger transport authority;
“secretary”, in relation to a local authority, means the proper officer within the meaning of the [1972 c. 70.] Local Government Act 1972 or (in relation to a local authority in Scotland) the [1973 c. 65.] Local Government (Scotland) Act 1973;
“serve” shall be construed in accordance with subsection (1) above.
(1) The following provisions of this Act bind the Crown—
(a) sections 17 to 22;
(b) sections 55 to 58, except sections 55(8) and 58(4) and (5);
(c) sections 59 to 62;
(d) sections 85 to 88, 91 to 94, 96 and 97;
(e) subject to, and in accordance with, section 48 of the [1974 c. 37.] Health and Safety at Work etc. Act 1974, section 117 (other than subsection (5)) so far as affecting or relating to provisions of, or regulations under, Part I of that Act which bind the Crown;
(f) section 118, except subsections (7) and (8);
(g) sections 119 to 121, except sections 120(4) and (5) and 121(4) to (6);
(h) section 122;
(j) section 144, so far as relating to other provisions of this Act which bind the Crown;
(k) Schedule 4;
(l) Schedule 6, to the extent that it applies, amends or modifies the operation of provisions of the [1986 c. 45.] Insolvency Act 1986 which bind the Crown so far as affecting or relating to the matters specified in paragraphs (a) to (e) of section 434 of that Act;
(m) Schedule 7;
(n) Schedule 8;
(o) the amendments and repeals made by Schedules 12 and 14, to the extent that the enactments to which they relate bind the Crown.
(2) Nothing in subsection (1) above so far as relating—
(a) to sections 55 to 58 above, or
(b) to section 144 above, so far as relating to those sections,
shall authorise proceedings to be brought against Her Majesty in her private capacity.
(3) Subsection (2) above shall be construed as if section 38(3) of the [1947 c. 44.] Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
(4) No person with whom the Franchising Director enters into an agreement or arrangement pursuant to section 51 above shall be regarded, by virtue of that agreement or arrangement, as a servant or agent of the Crown, or as having any status, immunity or privilege of the Crown.
Railways Act 1993