SCHEDULES

SCHEDULE 2Abolition of Rail Regulator: Consequential Amendments

Section 16

Part 1Railways Act 1993 (c. 43)

I11

The Railways Act 1993 shall be amended as follows.

I22

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

I33

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

c

for “his”, where it refers to the Regulator, substitute “ its ”.

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

F2. . .

F2. . .

Section 26

Invitations to tender

Section 8

Licences

F2. . .

F2. . .

Section 9

Conditions of licences

F2. . .

F2. . .

Section 11

Assignment of licences

F2. . .

F2. . .

Section 12

Modification by agreement

F2. . .

F2. . .

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

F2. . .

F2. . .

Section 16G

Directions

Section 76

Rail Passengers' Council

Section 16H

Code of Practice

F2. . .

F2. . .

Section 16I

Supplementary

F2. . .

F2. . .

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

F2. . .

F2. . .

Section 20

Exemption

F2. . .

F2. . .

Section 21

Model clauses

Schedule 4

Access agreements

Section 22

Amendment

Schedule 4A

Review of access charges

Section 22A

Directions to amend

 

 

I44

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 ”.

I55

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

I66

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

I77

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

a

omit “he or”, and

b

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

I88

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

a

after “shall” insert “ each ”, and

b

in each place, omit “his or”.

I99

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

I1010

In section 21(5) (model clauses for access contracts)—

a

after “any” insert “ of its ”, and

b

omit “of his”.

F3I1111

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

I1212

In section 57A(5)(a) (penalties) for the second “it” substitute “ the Authority ”.

I1313

In section 57B (statement of policy)—

a

in subsection (3) omit “or his”, and

b

in subsection (4)(a) omit “his or”.

I1414

In section 74 (reports)—

a

in subsection (1) for “after the end of the first relevant financial year and of each subsequent financial year,” substitute “ after the end of each financial year, ”, and

b

in subsection (8) omit the definition of “first relevant financial year”.

I1515

In section 76(5A) (matters referred to the Authority by the Rail Passengers' Council) for “him” substitute “ the Office of Rail Regulation ”.

F1I1616

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

I1717

In section 151(1) (general interpretation) omit the definition of “the Regulator”.

I1818

In Part I of Schedule 6 (railway administration orders) for “the Rail Regulator” substitute “ the Office of Rail Regulation ”.

Part 2Other Acts

General

I1919

In the following enactments for a reference to the Rail Regulator there shall be substituted a reference to the

Office of Rail Regulation

a

section 13 of the Transport Act 1962 (c. 46) (Boards' powers of manufacture),

b

Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments subject to jurisdiction),

c

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

d

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

e

section 10 of the Estate Agents Act 1979 (c. 38) (disclosure of information),

f

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

g

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

h

section 41A of the London Regional Transport Act 1984 (c. 32) (access contracts),

i

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

j

section 9E of the Company Directors Disqualification Act 1986 (c. 46) (disqualification for competition infringement),

k

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

l

Schedule 15 to the Water Industry Act 1991 (c. 56) (disclosure of information),

m

Schedule 24 to the Water Resources Act 1991 (c. 57) (disclosure of information),

n

Schedules 2 and 4 to the Deregulation and Contracting Out Act 1994 (c. 40) (sectoral regulators),

o

sections 17, 21 and 22 of the Channel Tunnel Rail Link Act 1996 (c. 61) (rail legislation and regulator),

p

section 54 of, Part I of Schedule 10 to and Schedule 11 to the Competition Act 1998 (c. 41) (regulators),

q

sections 199, 200, 228(2) and (3) and 235 of, and paragraph 15 of Schedule 18 to, the Greater London Authority Act 1999 (c. 29),

F4r

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

s

section 105 of the Utilities Act 2000 (c. 27) (disclosure of information),

t

the following provisions of the Transport Act 2000 (c. 38)—

i

section 206 (strategies),

ii

section 216 (assumption of certain functions of Regulator),

iii

paragraph 3 of Schedule 9 (disclosure of information),

iv

paragraph 13 of Schedule 10 (disclosure of information),

v

Part III of Schedule 17 (transfers to SRA from Regulator), and

vi

Part II of Schedule 26 (transfers to SRA: tax), and

u

sections 136 and 168 of the Enterprise Act 2002 (c. 40) (investigations and regulated markets).

I2020

In addition to the amendments effected by paragraph 19, the following enactments shall be amended as specified.

House of Commons Disqualification Act 1975 (c. 24)

I2121

In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership)—

a

in Part II (bodies of which all members are disqualified) at the appropriate place insert— “ The Office of Rail Regulation. ”, and

b

in Part III (other disqualifying offices) omit the entry relating to the Rail Regulator.

Greater London Authority Act 1999 (c. 29)

I2323

For section 228(1) of the Greater London Authority Act 1999 (the heading to which becomes “PPP arbiter also Member of Office of Rail Regulation: duties of staff”) substitute—

1

Subsections (2) and (3) shall apply while a member of the Office of Rail Regulation holds the office of PPP arbiter.

Financial Services and Markets Act 2000 (c. 8)

I2424

In the table in Part I of Schedule 19 to the Financial Services and Markets Act 2000 (competition information) for the entry numbered 11 substitute—

11 The Office of Rail Regulation.

Any function of that office under a specified enactment.