Office of Public Sector Information

151 General interpretation

(1) In this Act, unless the context otherwise requires—

• “the Board” means the British Railways Board;

• “body corporate” has the meaning given by section 740 of the [1985 c. 6.] Companies Act 1985;

• “company” means any body corporate;

• “contravention”, in relation to any direction, condition, requirement, regulation or order, includes any failure to comply with it and cognate expressions shall be construed accordingly;

• “debentures” includes debenture stock;

• “the Franchising Director” means the Director of Passenger Rail Franchising;

• “functions” includes powers, duties and obligations;

• “local authority” means any county council, district council, regional council, islands council or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

• “modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly;

• “the Monopolies Commission” means the Monopolies and Mergers Commission;

• “notice” means notice in writing;

• “publicly owned railway company” means a company which is wholly owned by the Crown and which carries on, or is to carry on,—

  (a)

  an undertaking derived, or to be derived, (whether wholly or partly and whether directly or indirectly) from, or from some part of, an undertaking carried on by the Board or a wholly owned subsidiary of the Board; or

  (b)

  an undertaking in the course of which the company uses, or will use, any property, rights or liabilities acquired, or to be acquired, (whether directly or indirectly) from the Board or a wholly owned subsidiary of the Board;

• “the Regulator” means the Rail Regulator;

• “securities” has the meaning given by section 142 of the [1986 c. 60.] Financial Services Act 1986;

• “shares” includes stock;

• “subsidiary” has the meaning given by section 736 of the [1985 c. 6.] Companies Act 1985;

• “transfer scheme” means a scheme made under or by virtue of section 85 or 86 above;

• “wholly owned subsidiary” has the meaning given by section 736 of the [1985 c. 6.] Companies Act 1985.

(2) For the purposes of this Act, a company shall be regarded as “wholly owned by the Crown” at any time when it has no members other than—

(a) the Secretary of State, the Franchising Director or a Government department,

(b) a company which is itself wholly owned by the Crown, or

(c) a person acting on behalf of the Secretary of State, the Franchising Director, a Government department or such a company.

(3) For the purposes of this Act, a company shall be regarded as “wholly owned by the Franchising Director” at any time when it has no members other than—

(a) the Franchising Director,

(b) a company which is itself wholly owned by the Franchising Director, or

(c) a person acting on behalf of the Franchising Director or such a company.

(4) Any consent or approval under or by virtue of this Act shall be given in writing.

(5) For the purposes of this Act any class or description may be framed by reference to any matters or circumstances whatever.

(6) Nothing in this Act affects the operation of the [S.I. 1981/1794.] Transfer of Undertakings (Protection of Employment) Regulations 1981, in their application in relation to the transfer of an undertaking, or part of an undertaking, within the meaning of those Regulations.

(7) Nothing in this Act, and nothing done under it, shall prejudice or affect the operation of any of the relevant statutory provisions (whenever made) as defined in Part I of the [1974 c. 37.] Health and Safety at Work etc. Act 1974.

(8) Subsection (7) above is without prejudice to section 117 above.

(9) The provisions of section 3 of the [1972 c. 59.] Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) shall not apply in relation to any determination under this Act made by an arbiter.

152 Minor and consequential amendments, transitional provisions and repeals

(1) The enactments mentioned in Schedule 12 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on provisions of this Act).

(2) The transitional provisions contained in Schedule 13 to this Act shall have effect; but those provisions are without prejudice to sections 16 and 17 of the [1978 c. 30.] Interpretation Act 1978 (effect of repeals).

(3) The enactments mentioned in Schedule 14 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

153 Power to make consequential modifications in other Acts etc

(1) The Secretary of State may by order make such modifications of existing provisions as appear to him to be necessary or expedient in consequence of the provisions of this Act, or of any instrument made under or by virtue of this Act, being modifications in respect of—

(a) any reference in an existing provision to the Board or any subsidiary of the Board;

(b) any reference (in whatever terms) in an existing provision to any railway, railway service or railway undertaking;

(c) any reference (in whatever terms) in an existing provision to any person who—

(i) provides a railway service, or

(ii) carries on a railway undertaking,

or who is authorised to do so under or by virtue of any enactment;

(d) any reference in an existing provision to any enactment amended or repealed by or under this Act;

(e) any existing provision, so far as appearing to the Secretary of State to be of no further practical utility, having regard to the provisions of this Act;

(f) any other inconsistency between an existing provision and this Act.

(2) In this section—

• “existing provision” means a provision contained in any Act (whether public general or local) passed, or in subordinate legislation made, before the relevant date;

• “railway” has its wider meaning, within the meaning of Part I above;

• “railway service” has the same meaning as in Part I above;

• “the relevant date”, in relation to any modification, means the date of the coming into force of the provision of this Act on which the modification is consequential;

• “subordinate legislation” has the same meaning as in the [1978 c. 30.] Interpretation Act 1978.

154 Short title, commencement and extent

(1) This Act may be cited as the Railways Act 1993.

(2) Except for section 1 and Schedule 1 (which come into force on the passing of this Act), this Act shall come into force on such day as may be specified in an order made by the Secretary of State; and different days may be so specified—

(a) for different provisions;

(b) for different purposes of the same provision; and

(c) for different areas within the United Kingdom.

(3) The following provisions of this Act extend to Northern Ireland—

(a) sections 32(2) and (3) and 36(1), (4) and (5);

(b) subsections (1), (2), (4) and (5) of section 66;

(c) sections 84, 85, 87 to 97, 107, 109 to 116, 124, 126, 128 and 129(3);

(d) section 131;

(e) section 134;

(f) sections 143, 144, 146, 147(1) and (2) and 149 to 152, so far as relating to provisions of this Act which so extend;

(g) section 153;

(h) this section;

(j) paragraphs 6, 7 and 8 of Schedule 1, paragraph 10 of Schedule 2 and paragraph 9 of Schedule 3;

(k) Schedules 8 and 9;

(l) Schedule 11;

(m) the amendments and repeals made by Schedules 12 and 14, other than those relating to—

(i) section 6 of the [1889 c. 57.] Regulation of Railways Act 1889,

(ii) the [1905 c. 11.] Railway Fires Act 1905, and

(iii) the [1923 c. 27.] Railway Fires Act (1905) Amendment Act 1923,

to the extent that the enactments to which they relate so extend.

(4) Except as provided in subsection (3) above, this Act does not extend to Northern Ireland.