Office of Public Sector Information

(3) Subject to subsections (4) and (5) below, the Scottish Ministers must cause the provisions of each of the following to be entered in the register—

(a) every designation made by them under section 23 of this Act, and every variation or revocation of such a designation;

(b) every franchise exemption granted by them;

(c) every franchise agreement to which they are a party;

(d) every amendment of such a franchise agreement, other than those that are unlikely to have a material effect on the provision of services under the agreement or on the sums payable under it;

(e) every determination made by them under section 34 of the Railways Act 2005 that a closure is a minor modification or that closures of a particular description are minor modifications;

(f) every revocation of a determination made by them under that section in relation to a description of closures;

(g) every condition agreed to under subsection (5) of that section in connection with a determination made by them;

(h) every final or provisional order made by them;

(i) every revocation by them of such an order;

(j) every notice given by them under section 55(6) of this Act of a decision not to make such an order;

(k) every penalty imposed by them under section 57A of this Act;

(l) every statement of policy published by them under section 57B of this Act.

(4) The Scottish Ministers may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as they consider it appropriate to exclude for the purpose of maintaining the confidentiality of—

(a) matters relating to the affairs of an individual the publication of which would or might, in the Scottish Ministers' opinion, seriously and prejudicially affect the interests of that individual; and

(b) matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Scottish Ministers' opinion, seriously and prejudicially affect the interests of that body.

(5) If it appears to the Scottish Ministers that the entry of any provision in the register would be against the public interest, they may decide not to enter it in the register.

(6) The contents of the register must be available for inspection, at any time and free of charge, by the Secretary of State or the Office of Rail Regulation.

(7) The Secretary of State and the Office of Rail Regulation may each require the Scottish Ministers to supply him or (as the case may be) it free of charge with a certified copy of a part of the register or with a certified extract from it.

(8) The references in subsection (7) to a certified copy or a certified extract are references to a copy or extract that has been certified by the Scottish Ministers to be a true copy or extract.

(9) In subsection (3)(d) “amendment”, in relation to a franchise agreement, means any amendment however described, including variations (whether or not effected in accordance with the terms of the agreement or by a modification of it) of the property, rights and liabilities which from time to time constitute the franchise assets.”

Transfer of functions relating to the Rail Passengers' Council

32 (1) In section 76 of the 1993 Act (general duties of Rail Passengers' Council), for “Authority”, wherever occurring (except in subsection (6)(a)), substitute “Secretary of State”.

(2) In subsection (4) of that section, for “service” substitute “secured service (within the meaning of Part 4 of the Railways Act 2005) which is”.

(3) In subsection (5) of that section, in the words after paragraph (b)—

(a) for “its” substitute “his”; and

(b) for the word “it”, in the last place where it occurs, substitute “he”.

(4) In subsection (6)(a) of that section, omit “and the Authority”.

(5) Subsection (8) of that section shall cease to have effect.

Transfer of power to require information from licence holders

33 (1) In section 80 of the 1993 Act (duty to provide information to the SRA on request), for “Authority”, wherever occurring, substitute “Secretary of State, the Scottish Ministers or the Office of Rail Regulation”.

(2) In subsection (1) of that section—

(a) for “it”, in each place, substitute “he, they or it”; and

(b) for “of its functions” substitute “functions of the Secretary of State, the Scottish Ministers or (as the case may be) that Office”.

Abolition of functions relating to penalty fares

34 In section 130 of the 1993 Act—

(a) for paragraph (p) of subsection (2) (power to allow Secretary of State or SRA to prohibit the charging of penalty fares by person suspected of contraventions) substitute—

“(p) the imposition by the Secretary of State or the Scottish Ministers of prohibitions on the charging of penalty fares by prescribed persons and in prescribed circumstances.”;

(b) subsections (5), (6) and (10) (functions conferred on the SRA by penalty fare regulations) shall cease to have effect.

Transfer of functions relating to concessionary travel

35 (1) Section 135 of the 1993 Act (concessionary travel) is amended as follows.

(2) In subsections (2) and (3), for “Authority may” substitute “Secretary of State and the Scottish Ministers may each”.

(3) In subsection (6), for “The Authority may perform any of its functions” substitute “The Secretary of State and the Scottish Ministers may exercise powers and perform duties conferred or imposed on him or them”.

(4) In subsection (7), for “Authority undertakes” substitute “Secretary of State undertakes, or the Scottish Ministers undertake,”.

Abolition of certain functions under the 2000 Act

36 The following provisions of the 2000 Act shall cease to have effect—

(a) section 213 (powers to provide railway services);

(b) section 214 (substitute bus and taxi services); and

(c) section 219 (power to make bye-laws).

Part 2 Definitions for purposes of transfers to Scottish Ministers

37 (1) Section 83(1) of the 1993 Act (expressions defined for the purposes of that Act, Part 4 of the 2000 Act and this Act) is amended as follows.

(2) After the definition of “closure consent” insert—

““cross-border service” means a railway passenger service starting either in England and Wales or in Scotland and ending, or otherwise making at least one scheduled call, in the other;”.

(3) After the definition of “rolling stock” insert—

““scheduled call”, in relation to a service or journey, means a scheduled stop at a station for the purpose of allowing passengers to join or leave the service or train (including the stops where the service or journey starts and ends);

“Scotland-only service” means a railway passenger service which starts and ends in Scotland and is not a cross-border service;

“Scottish franchise agreement” means a franchise agreement the franchised services under which—

(a) consist of or include Scotland-only services; and

(b) so far as they include other services, include only cross-border services designated by the Scottish Ministers;”.