Railways Act 1993

There shall be paid to a holder of the office of the Regulator . . . such remuneration, and such travelling and other allowances, as the Secretary of State may determine. In the case of any such holder of the office of the Regulator . . . as may be determined by the Secretary of State, there shall be paid such pension, allowance or gratuity to or in respect of him, or such contributions or payments towards provision for such a pension, allowance or gratuity, as may be so determined. If, when any person ceases to hold office as the Regulator . . ., the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him a sum by way of compensation of such amount as may be determined by the Secretary of State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Regulator . . . may . . ., with the approval of the Treasury as to numbers and terms and conditions of service, appoint such staff as the Regulator, . . ., may determine. Where a person who is, by reference to his employment as a member of the staff of the Regulator . . ., a participant in a scheme under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc) becomes a holder of the office of the Regulator . . ., the Treasury may determine that his term of office as such shall be treated for the purposes of the scheme as employment in the civil service of the State (whether or not any benefits are payable to or in respect of him by virtue of paragraph 1(2) above).

There shall be paid out of money provided by Parliament—

The Regulator . . . shall . . . have an official seal for the authentication of documents required for the purposes of his functions.

Anything authorised or required by or under this Act or any other enactment to be done by the Regulator . . . may be done by any member of the staff of the Regulator . . . who is authorised generally or specially in that behalf by the Regulator . . ..

The Documentary Evidence Act 1868 shall have effect as if—

In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation) the following entries shall be inserted at the appropriate places—

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975, the following entries shall be inserted at the appropriate places—

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There shall be paid to the chairman and other members of a Rail Passengers’ Committee such remuneration, and such travelling and other allowances, as the Authority may . . . determine.

If a person ceases to hold office as chairman or another member of a Rail Passengers’ Committee by reason of the abolition of the Committee before his term of office would otherwise have expired, the Authority may, if it determines that there are special circumstances which make it right that he should receive compensation, pay to him such compensation as may be determined by the Authority.

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The Authority shall make arrangements for a Rail Passengers’ Committee to be provided with office accommodation and with such services as he considers appropriate to enable them to carry out their functions.

Subject to the following provisions of this paragraph and paragraph 6 below, a Rail Passengers’ Committee may regulate their own procedure, including quorum. A Rail Passengers’ Committee shall meet when convened by the chairman, and in any case shall meet at least twice a year. Without prejudice to the discretion of the chairman to call a meeting whenever he thinks fit, he shall call a meeting when required to do so by any three members of a Rail Passengers’ Committee. Minutes shall be kept of the proceedings at every meeting of a Rail Passengers’ Committee; and copies of those minutes shall be sent to the Rail Passengers’ Council and the Authority. A Rail Passengers’ Committee shall have regard to any general recommendations which the Rail Passengers’ Council may from time to time make with respect to any matter affecting the procedure or functions of Rail Passengers’ Committees. The validity of any proceedings of a Rail Passengers’ Committee shall not be affected by any vacancy amongst the members or by any defect in the appointment of a member.

Subject to sub-paragraph (2) below, meetings of a Rail Passengers’ Committee shall be open to the public. The public shall be excluded during any item of business where— where public disclosure of that matter would or might, in the opinion of a Rail Passengers’ Committee, seriously and prejudicially affect the interests of that individual or body. A Rail Passengers’ Committee shall give such notice— as they consider appropriate for the purpose of bringing the meeting to the attention of interested members of the public.

A Rail Passengers’ Committee may, . . .— Persons appointed under sub-paragraph (1) above who are not members of a Rail Passengers’ Committee may be reimbursed for their travelling expenses and such of their out-of-pocket expenses as do not relate to loss of remuneration.

There shall be paid by the Authority— The Authority may determine the financial duties of Rail Passengers’ Committees; and different determinations may be made for different functions of Rail Passengers’ Committees. The Authority shall give a Rail Passengers’ Committee notice of every determination of their financial duties; and such a determination may—

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There shall be paid to the chairman and other members of the Rail Passengers’ Council such remuneration, and such travelling and other allowances, as the Authority may . . . determine.

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The Authority shall make arrangements for the Rail Passengers’ Council to be provided with office accommodation and with such services as he considers appropriate to enable them to carry out their functions.

Subject to the following provisions of this paragraph and paragraph 6 below, the Rail Passengers’ Council may regulate their own procedure, including quorum. The Rail Passengers’ Council shall meet when convened by the chairman, and in any case shall meet at least twice a year. Without prejudice to the discretion of the chairman to call a meeting whenever he thinks fit, he shall call a meeting when required to do so by any three members of the Rail Passengers’ Council. Minutes shall be kept of the proceedings at every meeting of the Rail Passengers’ Council; and copies of those minutes shall be sent to the Secretary of State and the Authority. A person who is a member of the Rail Passengers’ Council by virtue of being the chairman of a Rail Passengers’ Committee may appoint another member of that Rail Passengers’ Committee to attend any meeting of the committee in his stead. The validity of any proceedings of the committee shall not be affected by any vacancy amongst the members or by any defect in the appointment of a member.

Subject to sub-paragraph (2) below, meetings of the Rail Passengers’ Council shall be open to the public. The public shall be excluded during any item of business where— where public disclosure of that matter would or might, in the opinion of the Rail Passengers’ Council, seriously and prejudicially affect the interests of that individual or body. The Rail Passengers’ Council shall give such notice— as they consider appropriate for the purpose of bringing the meeting to the attention of interested members of the public.

The Rail Passengers’ Council may . . . — Persons appointed under sub-paragraph (1) above who are not members of the Rail Passengers’ Council may be reimbursed for their travelling expenses and such of their out-of-pocket expenses as do not relate to loss of remuneration.

There shall be paid by the Authority— The Authority may determine the financial duties of the Rail Passengers’ Council; and different determinations may be made for different functions of the Rail Passengers’ Council. The Authority shall give the Rail Passengers’ Council notice of every determination of its financial duties; and such a determination may—

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In this Schedule— and, subject to that, expressions used in this Schedule and in section 17 of this Act have the same meaning in this Schedule as they have in that section.

Any application for directions must be made in writing to the Office of Rail and Road and must— The applicant may, by giving notice in writing to the Office of Rail and Road, withdraw or suspend the application at any time. In this paragraph “the required rights” means the permission to use the railway facility in question which it is sought to obtain by virtue of the application for directions.

The Office of Rail and Road shall— The Office of Rail and Road shall send a copy of any such representations received by it to the applicant and invite him to make further written representations within such period (being not less than 10 days from the date of issue of the invitation) as may be specified in the invitation. The Office of Rail and Road may from time to time request or invite further information, clarification or representations from the applicant or the facility owner.

Where the Office of Rail and Road receives an application for directions, it shall issue a direction to the facility owner requiring him to furnish the name and address of every interested person to the Office of Rail and Road within such period (being not less than 14 days from the date of issue of that direction) as may be specified in that direction. Where the name and address of an interested person is furnished pursuant to sub-paragraph (1) above, the Office of Rail and Road shall invite the interested person to make written representations to it within such period (being not less than 14 days from the date of issue of the invitation) as may be specified in the invitation. The Office of Rail and Road shall send a copy of any such representations received by it to the applicant and to the facility owner and invite each of them to make written representations within such period (being not less than 10 days from the date of issue of the invitation) as may be specified in the invitation. The Office of Rail and Road may from time to time request or invite further information, clarification or representations from any interested person.

The Office of Rail and Road shall inform the applicant, the facility owner and any interested person of its decision on an application for directions. If the Office of Rail and Road decides to give directions to the facility owner requiring him to enter into an access contract— Any compensation directed to be paid by virtue of sub-paragraph (2)(b) above shall be recoverable as a debt due. The facility owner shall be released from his duty to comply with the directions if the applicant fails to enter into an access contract on the terms required by the directions by the date specified for that purpose in the directions.

Any directions given on an application for directions or under this Schedule shall be binding on the person to whom they are given, notwithstanding any obligation or duty he may owe to an interested person and whether or not the interested person has had an opportunity to make representations. No interested person, and no successor to an interested person, shall take any step for the purpose of enforcing or exercising any right he may have against the facility owner in respect of, or in consequence of, the facility owner’s— whether or not the interested person had, or has had, an opportunity to make representations. The duty of the facility owner to furnish the Office of Rail and Road with the name and address of every interested person pursuant to a direction under paragraph 4 above is a duty owed to each interested person and (subject to the defences and incidents applying in actions for breach of statutory duty) any contravention of that duty shall be actionable at the suit or instance of the interested person and the facility owner shall be liable for any loss or damage suffered by the interested person as a result of any access contract which is entered into in consequence of the application for directions. It shall be a defence in any proceedings brought by virtue of sub-paragraph (3) above for the facility owner to show that he took all reasonable steps, and exercised all due diligence, to avoid contravening the duty in question. In this paragraph “successor”, in relation to an interested person, means any person—

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This Schedule applies in relation to any railway passenger services, or railway passenger services of a class or description, or any part of any such service, for the time being designated in an order under section 49(3) of this Act as railway passenger services in relation to which this Schedule is to have effect. In this Schedule “qualifying services” means any services, or part of a service, falling within sub-paragraph (1) above.

Where a person (in this Schedule referred to as “the operator”) who provides qualifying services proposes to discontinue the provision of all such services from any station or on any line (in this Schedule referred to as a closure), he shall, not less than six weeks before carrying the proposal into effect, publish in two successive weeks in two local newspapers circulating in the area affected, and in such other manner as appears to him appropriate, a notice— The operator shall also—

Where a notice has been published under paragraph 2 above, any user of any service affected, and any body representing such users, may within the period specified in the notice lodge with the appropriate Rail Passengers’ Committee an objection in writing. Where such an objection is lodged with a Rail Passengers’ Committee—

The Secretary of State may give his consent under paragraph 3(2)(b) above subject to such conditions as he thinks fit. The Secretary of State may at any time vary or revoke any conditions which are for the time being required to be complied with pursuant to sub-paragraph (1) above.

A Rail Passengers’ Committee with whom an objection has been lodged under paragraph 3(1) above shall— and the report may contain proposals for alleviating that hardship. Where objections with respect to any proposed closure have been lodged with more than one Rail Passengers’ Committee, the Rail Passengers’ Committees in question— The Secretary of State may require a Rail Passengers’ Committee to make a further report; and if in any case the Secretary of State considers that a report or further report has been unreasonably delayed he may, after consulting the Rail Passengers’ Committee concerned and making such enquiries as he thinks fit, consent to the proposed closure without awaiting the report or further report. Copies of every report under this paragraph shall be sent to the Rail Passengers’ Council and to the operator. Where for the purposes of sub-paragraph (1) or (2) above a Rail Passengers’ Committee decide to hear an objector orally, or to hear oral representations made on behalf of the operator, they shall hear the objector or the representations, as the case may be, in public.

For the purposes of this Schedule, the appropriate Rail Passengers’ Committee, in relation to a proposed closure, is the Rail Passengers’ Committee for the area affected. In this Schedule “the area affected” means the area in which the station or line, or any part of the line, affected by the proposed closure is situated. For the purposes of this Schedule, “railway” has its wider meaning.

This Schedule shall apply in any case where— In this Schedule— Any reference in this Schedule to “assignment” shall be construed in Scotland as a reference to assignation.

The existing appointee, acting with the consent of the new appointee and, in relation to the matters affecting them, of any other appointees, may make a scheme under this Schedule for the transfer of property, rights and liabilities from the existing appointee to the new appointee. A scheme under this Schedule shall not take effect unless it is approved by the appropriate national authority . Where a scheme under this Schedule is submitted to “the appropriate national authority, it may, with the consent of the new appointee, of the existing appointee and, in relation to the matters affecting them, of any other appointees, modify the scheme before approving it. If at any time after a scheme under this Schedule has come into force in relation to the property, rights and liabilities of any company the appropriate national authority considers it appropriate to do so and the existing appointee, the new appointee and, in relation to the provisions of the order which affect them, any other appointees consent to the making of the order, the appropriate national authority may by order provide that that scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order. An order under sub-paragraph (4) above may make, with effect from the coming into force of the scheme to which it relates, any such provision as could have been made by the scheme and, in connection with giving effect to that provision from that time, may contain such supplemental, consequential and transitional provision as the appropriate national authority considers appropriate. In determining, in accordance with the appropriate national authority's duties under Part I of this Act, whether and in what manner to exercise any power conferred on him by this paragraph the appropriate national authority , shall have regard to the need to ensure that any provision for the transfer of property, rights and liabilities in accordance with a scheme under this Schedule allocates property, rights and liabilities to the different companies affected by the scheme in such proportions as appear to the appropriate national authority to be appropriate in the context of the different relevant activities of the existing appointee which will, by virtue of this Act, be carried out at different times on and after the relevant date by the new appointee, by the existing appointee and by any other appointees. It shall be the duty of the new appointee, of the existing appointee and of any other appointees to provide the appropriate national authority with all such information and other assistance as the appropriate national authority may reasonably require for the purposes of, or in connection with, the exercise of any power conferred . . . by this paragraph. Without prejudice to the other provisions of this Act relating to the special railway administrator of a company, anything which is required by this paragraph to be done by a company shall, where that company is a company in relation to which a railway administration order is in force, be effective only if it is done on the company’s behalf by its special railway administrator. A statutory instrument containing an order under this paragraph by the Scottish Ministers is subject to annulment in pursuance of a resolution of the Scottish Parliament. A statutory instrument containing an order under this paragraph made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

A scheme under this Schedule for the transfer of the existing appointee’s property, rights and liabilities shall come into force on the relevant date and, on coming into force, shall have effect, in accordance with its provisions and without further assurance, so as to transfer the property, rights and liabilities to which the scheme relates to the new appointee. For the purpose of making any division of property, rights or liabilities which it is considered appropriate to make in connection with the transfer of property, rights and liabilities in accordance with a scheme under this Schedule, the provisions of that scheme may— The property, rights and liabilities of the existing appointee that shall be capable of being transferred in accordance with a scheme under this Schedule shall include— The provision that may be made by virtue of sub-paragraph (2)(b) above includes— For the avoidance of doubt, it is hereby declared that the transfers authorised by paragraph (a) of sub-paragraph (3) above include transfers which, by virtue of that paragraph, are to take effect as if there were no such contravention, liability or interference with any interest or right as there would be, in the case of a transfer or assignment otherwise than in accordance with a scheme under this Schedule, by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the existing appointee is entitled or subject to the property, right or liability in question.

A scheme under this Schedule may provide for a licence held by the existing appointee to have effect as if it had been granted to the new appointee. Different schemes under this Schedule may provide for a licence held by the same existing appointee to have effect as if it had been granted as a separate licence to each of the new appointees under those schemes. Sub-paragraphs (1) and (2) have effect in relation to a railway undertaking licence as they have effect in relation to a licence.

A scheme under this Schedule may contain supplemental, consequential and transitional provision for the purposes of, or in connection with, the provision for the transfers or any other provision made by the scheme. Without prejudice to the generality of sub-paragraph (1) above, a scheme under this Schedule may provide—

A scheme under this Schedule may provide for the imposition of duties on the existing appointee and on the new appointee to take all such steps as may be requisite to secure that the vesting in the new appointee, by virtue of the scheme, of any foreign property, right or liability is effective under the relevant foreign law. The provisions of a scheme under this Schedule may require the existing appointee to comply with any directions of the new appointee in performing any duty imposed on the existing appointee by virtue of a provision included in the scheme under sub-paragraph (1) above. A scheme under this Schedule may provide that, until the vesting of any foreign property, right or liability of the existing appointee in the new appointee is effective under the relevant foreign law, it shall be the duty of the existing appointee to hold that property or right for the benefit of, or to discharge that liability on behalf of, the new appointee. Nothing in any provision included by virtue of this paragraph in a scheme under this Schedule shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting by virtue of the scheme in the new appointee of any foreign property, right or liability. A scheme under this Schedule may provide that, in specified cases, foreign property, rights or liabilities that are acquired or incurred by an existing appointee after the scheme comes into force are immediately to become property, rights or liabilities of the new appointee; and such a scheme may make the same provision in relation to any such property, rights or liabilities as can be made, by virtue of the preceding provisions of this paragraph, in relation to foreign property, rights and liabilities vested in the existing appointee when the scheme comes into force. References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have to be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom. Any expenses incurred by an existing appointee in consequence of any provision included by virtue of this paragraph in a scheme under this Schedule shall be met by the new appointee. Duties imposed on a company by virtue of this paragraph shall be enforceable in the same way as if they were imposed by a contract between the existing appointee and the new appointee.

A scheme under this Schedule may provide that any functions of the existing appointee under a statutory provision— and different schemes under this Schedule may provide for any such functions of the same existing appointee to have effect as mentioned in paragraphs (a) to (c) above in relation to each of the new appointees under those schemes or of all or any of the other appointees. Sub-paragraph (1) above applies in relation to any function under a statutory provision if and to the extent that the statutory provision— Sub-paragraph (1) above does not apply to any function of the Board or of any of the Board’s subsidiaries under any provision of this Act or of— A scheme under this Schedule may define any functions of the existing appointee to be transferred or made concurrently exercisable by the scheme in accordance with sub-paragraph (1) above— In this paragraph “statutory provision” means a provision whether of a general or of a special nature contained in, or in any document made or issued under, any Act, whether of a general or a special nature.

The provisions of this paragraph and paragraph 2 below shall have effect where a transfer to which this Schedule applies is a transfer of all (or of all but so much as may be excepted) of the property, rights and liabilities comprised in a specified part of the transferor’s undertaking, but shall not apply to any such rights or liabilities under a contract of employment. Any property, right or liability comprised partly in the part of the transferor’s undertaking which is transferred to the transferee and partly in the part of that undertaking which is retained by the transferor shall, where the nature of the property, right or liability permits, be divided or apportioned between the transferor and the transferee in such proportions as may be appropriate; and, where any estate or interest in land falls to be so divided— shall be correspondingly apportioned or divided so that the one part is payable in respect of, or charged on, only one part of the estate or interest and the other part is payable in respect of, or charged on, only the other part of the estate or interest. Sub-paragraph (2) above shall apply, with any necessary modifications, in relation to any feuduty payable in respect of an estate or interest in land in Scotland as it applies in relation to any rents charged on an estate or interest in land. Any property, right or liability comprised as mentioned in sub-paragraph (2) above the nature of which does not permit its division or apportionment as so mentioned shall be transferred to the transferee or retained by the transferor according to— subject (in either case) to such arrangements for the protection of the other of them as may be agreed between them.

It shall be the duty of the transferor and the transferee, whether before or after the transfer date, so far as practicable to arrive at such written agreements and to execute such other instruments as are necessary or expedient to identify or define the property, rights and liabilities transferred to the transferee or retained by the transferor and as will— Any such agreement shall provide so far as it is expedient— If the transferor or the transferee represents to the Secretary of State, or if it appears to the Secretary of State without such a representation, that it is unlikely in the case of any matter on which agreement is required under sub-paragraph (1) above that such agreement will be reached, the Secretary of State may, whether before or after the transfer date, give a direction determining that matter and may include in the direction any provision which might have been included in an agreement under sub-paragraph (1) above; and any property, rights or liabilities required by the direction to be transferred to the transferee shall accordingly be regarded as having been transferred to, and vested in, the transferee by virtue of the scheme.

The provisions of this paragraph shall have effect where a transfer to which this Schedule applies is a transfer by virtue of a transfer scheme made otherwise than under section 86 of this Act. At any time before the end of the period of twelve months beginning with the transfer date, the transferor and the transferee of the specified part may, with the approval of the Secretary of State, agree in writing that— there shall be transferred from the transferee to, and vested in, the transferor any property, rights and liabilities specified in the agreement; but no such agreement shall have effect in relation to rights and liabilities under a contract of employment unless the employee concerned is a party to the agreement. Subject to sub-paragraphs (4) and (5) below, in the case of an agreement under sub-paragraph (2) above, the property, rights and liabilities in question shall be transferred and vest in accordance with the agreement. Any transfer effected in pursuance of an agreement under sub-paragraph (2) above shall have effect subject to the provisions of any enactment which provides for such transactions to be registered in any statutory register. The following provisions of this Schedule shall have effect as if—

This paragraph applies where, on any transfer to which this Schedule applies, the transferor is entitled to retain possession of any document relating in part to the title to, or to the management of, any land or other property transferred to the transferee. Where the land or other property is situated in England and Wales— Where the land or other property is situated in Scotland, subsections (1) and (2) of section 16 of the Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) shall have effect in relation to the transfer as if the transfer had been effected by deed and as if from each of those subsections the words “unless specially qualified" were omitted. Where the land or other property is situated in Northern Ireland—

This paragraph applies in any case where a transfer scheme provides for the transfer of any foreign property, rights or liabilities. It shall be the duty of the transferor and the transferee to take, as and when the transferee considers appropriate, all such steps as may be requisite to secure that the vesting in the transferee by virtue of the transfer scheme of any foreign property, right or liability is effective under the relevant foreign law. Until the vesting in the transferee by virtue of the transfer scheme of any foreign property, right or liability is effective under the relevant foreign law, it shall be the duty of the transferor to hold that property or right for the benefit of, or to discharge that liability on behalf of, the transferee. Nothing in sub-paragraphs (2) and (3) above shall be taken as prejudicing the effect under the law of the United Kingdom or of any part of the United Kingdom of the vesting in the transferee by virtue of a transfer scheme of any foreign property, right or liability. The transferor shall have all such powers as may be requisite for the performance of his duty under this paragraph, but it shall be the duty of the transferee to act on behalf of the transferor (so far as possible) in performing the duty imposed on the transferor by this paragraph. References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom. Duties imposed on the transferor or the transferee by this paragraph shall be enforceable in the same way as if the duties were imposed by a contract between the transferor and the transferee. Any expenses incurred by the transferor under this paragraph shall be met by the transferee.

In the case of any transfer to which this Schedule applies, a joint certificate by or on behalf of the transferor and the transferee that— is property, or (as the case may be) an interest, right or liability which was intended to be, and was vested by virtue of the scheme in such one of them as may be so specified (and, if it is the transferee who is so specified, that the property, interest, right or liability has not been transferred back to the transferor by virtue of an agreement under paragraph 3(2) above) shall be conclusive evidence for all purposes of that fact. If on the expiration of one month after a request from either the transferor or the transferee for the preparation of such a joint certificate as respects any property, interest, right or liability they have failed to agree on the terms of the certificate, they shall refer the matter to the Secretary of State and issue the certificate in such terms as he may direct. This paragraph is without prejudice to paragraph 14(6) and (7) below.

If the Secretary of State is satisfied on the representation of the transferor or the transferee— the Secretary of State may direct that this paragraph shall apply to such of that land as may be specified in the direction. While the direction mentioned in sub-paragraph (1) above remains in force— A person other than the transferor and the transferee dealing with, or with a person claiming under, either the transferor or the transferee shall not be concerned— and no transaction between a person other than the transferor or the transferee on the one hand, and the transferor, the transferee or a person claiming under either of them on the other, shall be invalid by reason of any failure to comply with those provisions.

This paragraph applies where, in the case of any transfer to which this Schedule applies, any rights or liabilities transferred are rights or liabilities under an agreement to which the transferor was a party immediately before the transfer date, whether in writing or not, and whether or not of such nature that rights and liabilities under the agreement could be assigned by the transferor. So far as relating to property, rights or liabilities transferred to the transferee, the agreement shall have effect on and after the transfer date as if—

Except as otherwise provided in any provision of this Act (whether expressly or by necessary implication), paragraph 8 above shall, so far as applicable, apply in relation to— if and so far as the provision in question relates to any of the transferred property, rights and liabilities, as it applies in relation to an agreement to which the transferor was a party. In relation to any such statutory or other provision as is mentioned in sub-paragraph (1) above, references in sub-paragraph (2)(b), (c) and (d) of paragraph 8 above to the transferor and to any persons employed by, persons engaged in the business of, or agents of, the transferor include references made by means of a general reference to a class of persons of which the transferor is one, without the transferor himself being specifically referred to.

On and after the transfer date for any transfer to which this Schedule applies, any statutory provision to which paragraph 2(3) of Schedule 6 to the Transport Act 1962 applies if and so far as the provision in question relates to any of the transferred property, rights and liabilities, shall have effect as if—

The transferee under a transfer to which this Schedule applies and any other person shall, as from the transfer date, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability vested in the transferee by virtue of the scheme as he would have had if that right or liability had at all times been a right or liability of the transferee. Any legal proceedings or applications to any authority pending on the transfer date by or against the transferor, in so far as they relate— shall be continued by or against the transferee to the exclusion of the transferor. This paragraph is without prejudice to the generality of the provisions of paragraphs 8 to 10 above.

If, in the case of any transfer to which this Schedule applies, the effect of any agreement (and, in particular, any agreement under the Railway Road Transport Acts of 1928 mentioned in paragraph 1 of Part II of Schedule 2 to the Transport Act 1962)— depends on whether the transferee has power to carry on any activity, it shall be assumed for the purposes of the agreement that any activity which requires the consent of the Secretary of State under the Transport Act 1962 or the Transport Act 1968 has been authorised by such a consent.

References in paragraphs 8 to 12 above to agreements to which the transferor was a party and to statutory provisions include, in particular, references to agreements to which the transferor became a party by virtue of the Transport Act 1962 and statutory provisions which applied to the transferor by virtue of that Act. The provisions of paragraphs 8 to 12 above shall have effect for the interpretation of agreements, statutory provisions and other instruments subject to the context, and shall not apply where the context otherwise requires.

Without prejudice to the provisions of paragraphs 8 to 13 above, any transaction effected between the transferor and the transferee in pursuance of paragraph 2(1) above or of a direction under paragraph 2(3) above shall be binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any other person. It shall be the duty of the transferor and the transferee, if they effect any transaction in pursuance of paragraph 2(1) above or a direction under paragraph 2(3) above, to notify any person who has rights or liabilities which thereby become enforceable as to part by or against the transferor and as to part by or against the transferee; and if, within 28 days of being notified, such a person applies to the Secretary of State and satisfies him that the transaction operated unfairly against him, the Secretary of State may give such directions to the transferor and the transferee as appear to him appropriate for varying the transaction. If in consequence of a transfer to which this Schedule applies or of anything done in pursuance of the provisions of this Schedule— such compensation as may be just shall be paid to that person by the transferor, the transferee or both. If it appears to the transferor that a person is or may be entitled to compensation under sub-paragraph (3) above, he shall— or, if the transferor is not aware of the name and address of the person concerned, shall publish, in such manner as he considers appropriate, a notice containing information about the interest affected and inviting any person who thinks that he is or may be entitled to compensation to make such representations to the transferor within such period (being not less than 28 days from the date of publication of the notice) as may be specified in the notice. Any dispute as to whether any, and (if so) how much, compensation is payable under sub-paragraph (3) above, or as to the person to or by whom it shall be paid, shall be referred to and determined by— Where, in the case of a transfer to which this Schedule applies, the transferor or the transferee purports by any conveyance or transfer to transfer to some person other than the transferor or the transferee for consideration any land or any other property transferred— the conveyance or transfer shall be as effective as if both the transferor and the transferee had been parties to it and had thereby conveyed or transferred all their interests in the property conveyed or transferred. Sub-paragraph (6) above applies in relation to the grant of any lease of, or any other estate or interest in, or right over any such land or other property as is there mentioned as it applies in relation to a transfer of any such land or other property; and references in that sub-paragraph to a conveyance or transfer shall be construed accordingly. If, in the case of any transfer to which this Schedule applies, it appears to the court at any stage in any court proceedings to which the transferor or the transferee and a person other than the transferor or the transferee are parties that the issues in the proceedings— the court may, if it thinks fit on the application of a party to the proceedings other than the transferor and the transferee, hear and determine the proceedings on the footing that such one of the transferor and the transferee as is a party to the proceedings represents and is answerable for the other of them, and that the transferor and the transferee constitute a single person, and any judgment or order given by the court shall bind both the transferor and the transferee accordingly. In the case of any transfer to which this Schedule applies, it shall be the duty of the transferor and the transferee to keep one another informed of any case where either of them may be prejudiced by sub-paragraph (6), (7) or (8) above, and if either the transferor or the transferee claims that he has been so prejudiced and that the other of them ought to indemnify or make a repayment to him on that account and has unreasonably failed to meet that claim, he may refer the matter to the Secretary of State for determination by him.

In this Schedule “statutory provision” means a provision whether of a general or of a special nature contained in, or in any document made or issued under, any Act, whether of a general or a special nature.

In this Schedule— For the purposes of this Schedule a transfer, instrument or agreement shall be regarded as made in pursuance of Schedule 8 to this Act if the making of that transfer, instrument or agreement is required or authorised by or under paragraph 2 or 3 of that Schedule.

Stamp duty shall not be chargeable on any restructuring scheme which is certified to the Inland Revenue by the Secretary of State as made by him or as made pursuant to a direction given by him under this Act. Stamp duty shall not be chargeable on any instrument or agreement which is certified to the Inland Revenue by the Secretary of State as made in pursuance of Schedule 8 to this Act, in connection with a restructuring scheme made— Stamp duty shall not be chargeable on any instrument or agreement which is certified to the Inland Revenue by the Secretary of State— Stamp duty shall not be chargeable on any instrument or agreement which is certified to the Inland Revenue by the Secretary of State as being a transfer, or an agreement for the transfer, to the Board or any of the Board’s subsidiaries of property, rights or liabilities of the Board or any such subsidiary, made for the purpose of facilitating a disposal required to be made pursuant to a direction given by him under this Act. No restructuring scheme or other instrument or agreement which is certified as mentioned in any of sub-paragraphs (1) to (4) above shall be taken to be duly stamped unless— Section 12 of the Finance Act 1895 (collection of stamp duty in cases of property vested by Act or purchased under statutory power) shall not operate to require— and shall not apply in relation to any instrument on which, by virtue of the preceding provisions of this paragraph, stamp duty is not chargeable.

An agreement to transfer chargeable securities, as defined in section 99 of the Finance Act 1986, to a person falling within paragraphs (a) to (e) of section 85(1) of this Act shall not give rise to a charge to stamp duty reserve tax if the agreement is made for the purposes of, or for purposes connected with, a restructuring scheme made— An agreement shall not give rise to a charge to stamp duty reserve tax if the agreement is made in pursuance of Schedule 8 to this Act in connection with a restructuring scheme made as mentioned in paragraph (a), (b) or (c) of sub-paragraph (1) above.

Section 53 of the British Transport Commission Act 1949 (which makes provision in relation to transport police, including provision with respect to their appointment, dismissal and resignation) shall in its application to England and Wales be amended in accordance with the provisions of this paragraph. For subsection (1) of that section, other than the proviso, there shall be substituted—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The said section 53 shall in its application to Scotland be amended in accordance with the provisions of this paragraph. In subsection (1) of that section, for the definition of the approved scheme there shall be substituted—. In subsection (4)(a), for the words “by any of the Boards or their wholly owned subsidiaries" there shall be substituted the wordsby—

In the Transport Act 1962, sections 69 (organisation of transport police), 70 (adaptation of certain references to, and relating to, transport police constables) and 71 (terms and conditions of employment of transport police) shall cease to have effect. Unless and until the Secretary of State by order revokes the British Transport Police Force Scheme 1963, that Scheme shall continue in force and shall be treated as if it had been made under section 132 of this Act; but the Secretary of State may, after consultation with the Authority and with— by order make such amendments in that Scheme as he thinks fit. In sub-paragraph (2) above, “the British Transport Police Force Scheme 1963” means the scheme for the organisation of transport police which is set out in the Second Schedule to the British Transport Police Force Scheme 1963 (Amendment) Order 1992 (being an order amending that scheme as it was set out in the Schedule to the British Transport Police Force Scheme 1963 (Approval) Order 1964).

In this Schedule— Any reference in this Schedule to a pension scheme includes a reference to the scheme as amended under or by virtue of this Schedule. Any power to make an order under or by virtue of this Schedule in relation to an existing scheme, the joint industry scheme, a new scheme, the Transport Police scheme, or a designated scheme within the meaning of paragraph 10 below shall be exercisable notwithstanding that the occupational pension scheme in question only becomes such a scheme by virtue of its establishment or designation as such in the instrument which contains the order in question; and references to such schemes shall be construed accordingly. Subject to sub-paragraph (1) above, expressions used in this Schedule and in Part I . . . of this Act have the same meaning in this Schedule as they have in that Part.

The Secretary of State may by order provide for the establishment, administration and management of one or more occupational pension schemes for the provision of pensions and other benefits for or in respect of eligible persons. Without prejudice to the generality of sub-paragraph (1) above, an order under that sub-paragraph may make provision with respect to— Any occupational pension scheme established under this paragraph shall be treated for all purposes as if it were a pension scheme established under an irrevocable trust.

The Secretary of State may by order amend— and any reference in this Schedule to amending an existing scheme accordingly includes a reference to amending any such trust deed, rules or other instrument. Without prejudice to the generality of sub-paragraph (1) above, an order under this paragraph may, in particular, amend an existing scheme so as to alter any provision, or so as to make provision, with respect to any of the matters specified in paragraphs (a) to (f) of paragraph 2(2) above. An order under this paragraph shall not make any amendment to a scheme— The Secretary of State shall not make an order under this paragraph except with the consent of the trustees of the occupational pension scheme to which the order relates.

Where persons with pension rights under any existing or new scheme (“the transferor scheme") are eligible to be members of another scheme (“the transferee scheme") which is either— the Secretary of State may by order make provision for those persons to be members of the transferee scheme instead of the transferor scheme and for their pension rights under the transferor scheme to be transferred so as to become pension rights under the transferee scheme. Where any pension rights are transferred under sub-paragraph (1) above, the Secretary of State may by order make provision for— as he may consider appropriate in consequence of that transfer to be correspondingly transferred so as to become assets or, as the case may be, liabilities in relation to the transferee scheme. Where any pension rights are transferred under sub-paragraph (1) above, the Secretary of State may by order— The Secretary of State may by order make provision for the winding up of the transferor scheme, whether in whole or in part, in connection with, or in consequence of, any transfers under this paragraph. The Secretary of State shall not make an order under this paragraph except with the consent of the trustees of the occupational pension schemes which are, or are to be, the transferor scheme and the transferee scheme.

In this Schedule “protected person” means—

The Secretary of State may by order make provision for the purpose of protecting the interests of protected persons in respect of their pension rights. Without prejudice to the generality of sub-paragraph (1) above, an order under that sub-paragraph may make provision for the purpose of securing— and in paragraph (b) above “former scheme”, in relation to a protected person, means the existing scheme mentioned in paragraph (a) or (b), as the case may be, of paragraph 5 above. For the purposes of this paragraph, the “relevant pension rights" of a protected person are so much of his pension rights as consist of or otherwise represent— For the purposes of sub-paragraph (3) above, “the protected period” means— In determining a person’s relevant pension rights for the purposes of this paragraph, where the rules of a pension scheme make provision requiring pension rights which have accrued to a person to be enhanced in consequence of increases in remuneration after the accrual of the pension rights, that provision, and any enhancement resulting from it, shall be treated, so far as relating to any enhancement in consequence of increases in remuneration after the passing of this Act, as pension rights accruing at the time of the increase in remuneration in question. An order under this paragraph may make provision for and in connection with the making of elections in a prescribed manner by protected persons for orders under this paragraph (other than orders by virtue of this sub-paragraph) not to have effect with respect to them or their surviving dependants except to such extent (if any) as may be specified in the election or subject to such conditions (if any) as may be so specified. In sub-paragraph (6) above “surviving dependant”, in relation to a protected person, means any person who may acquire, in consequence of the death of the protected person, pension rights referable to relevant pension rights of the protected person. An order under this paragraph may make provision for such orders to cease to have effect in relation to a protected person if— except in such circumstances or to such extent as may be prescribed. Circumstances may be prescribed in which— shall be disregarded for prescribed purposes of this paragraph. Chapter I of Part XIV of the Employment Rights Act 1996, except section 218(6), shall apply for the purposes of this paragraph as it applies for the purposes of that Act.

Without prejudice to the generality of paragraph 6 above, an order under that paragraph may impose on any person falling within sub-paragraph (2) below duties with respect to— and may make provision requiring any person whose approval or consent is necessary in connection with the doing of anything required to be done by virtue of such an order, so far as relating to matters specified in paragraphs (a) to (h) above, to give that approval or consent. The persons mentioned in sub-paragraph (1) above are— An order under paragraph 5 or 6 above may include provision—

The Secretary of State may by order make provision conferring upon any person to whom this paragraph applies— the right to continue to participate in the joint industry scheme, in accordance with the rules of that scheme, unless and until the termination conditions become fulfilled in the case of that person. The persons to whom this paragraph applies are— For the purposes of this paragraph a person fulfils the “qualifying conditions” if— In sub-paragraph (3) above, the “intervening period” means the period which begins at the passing of this Act and ends— whichever is the later. The “termination conditions" become fulfilled for the purposes of this paragraph in the case of any person if— Circumstances may be prescribed in which— shall be disregarded for the purpose of determining whether the person fulfils the qualifying conditions or whether the termination conditions have become fulfilled in his case. The employers who are to be regarded for the purposes of this paragraph as “engaged in the railway industry” are those who carry on activities of a class or description specified for the purposes of this sub-paragraph by the Secretary of State in an order under this paragraph; and the Secretary of State may so specify any class or description of activity which, in his opinion, falls within, or is related to or connected with, the railway industry. An order under this paragraph may— An order under this paragraph may make provision for the purpose of preventing a person who would otherwise be entitled to the right conferred by virtue of sub-paragraph (1) above from continuing to participate in the joint industry scheme in circumstances where his continued participation in that scheme would in the opinion of a prescribed person— An order under this paragraph may include provision— An order under this paragraph may make provision for and in connection with the making of elections in a prescribed manner by persons who would otherwise be entitled by virtue of sub-paragraph (1) above to the right there mentioned for orders under this paragraph (other than orders by virtue of this sub-paragraph) not to have effect with respect to them. Sub-paragraph (10) of paragraph 6 above shall have effect for the purposes of this paragraph as it has effect for the purposes of that paragraph.

In section 52 of the Transport Act 1980, in subsection (1) (which requires the Secretary of State to make payments each year to B.R. pension schemes in respect of unfunded pension obligations owed by the Board), for the words “Subject to the provisions of this section and section 58," there shall be substituted the words “ Subject to the provisions of this section and sections 52A to 52D and 58, ”. After that section there shall be inserted—. After the section 52A inserted by sub-paragraph (2) above, there shall be inserted— In section 70 of that Act, in subsection (2) (interpretation), for the definition of “the Minister" there shall be substituted— “ “the Minister means the Secretary of State;” ”.

The Secretary of State may by order designate— as a pension scheme which is to be treated as included among those schemes for the purpose of requiring or enabling him to make to the persons administering the scheme payments under section 52(1), 52A, 52B or 52C of that Act in respect of qualifying pension rights transferred (whether under paragraph 4 above or otherwise) so as to become pension rights under that scheme. An order under sub-paragraph (1) above may make provision, in any case where qualifying pension rights of any persons are, or are to be, transferred as mentioned in that sub-paragraph, for treating those persons as constituting a section of the occupational pension scheme to which those qualifying pension rights are, or are to be, so transferred. No order shall be made under sub-paragraph (1) above except after consultation with the trustees of the occupational pension scheme to which the qualifying pension rights are, or are to be, transferred. Subject to the following provisions of this paragraph, Part III of the 1980 Act shall have effect as if any reference in that Part to a B.R. pension scheme included a reference to a designated scheme. Where qualifying pension rights are transferred to a designated scheme as mentioned in sub-paragraph (1) above, the proportion referred to in section 52(1)(a) of the 1980 Act in its application by virtue of this paragraph in relation to the designated scheme shall, instead of being determined under section 54 of that Act, be taken to be the proportion which has been determined under that section in relation to the B.R. pension scheme from which the qualifying pension rights are transferred; and references in Part III of that Act to that proportion shall be construed accordingly. In the application of Part III of the 1980 Act in relation to a designated scheme, references in that Part to “the relevant pension obligations" shall, in relation to the designated scheme, be construed— In the application of section 55 of the 1980 Act in relation to a designated scheme, paragraph (a) of subsection (1) (which requires the proportion of the scheme’s outgoings which corresponds to the relevant pension obligations to be determined before the beginning of each financial year or, in the case of the first financial year, as soon as practicable after the passing of that Act) shall be taken to require the proportion mentioned in that paragraph to be determined— and paragraph (b) of that subsection shall be construed accordingly. The power to give a direction under section 57 of the 1980 Act (which provides for certain determinations to be made as if no transfer had taken place and as if no payment representing the pension rights in question had been made) shall be exercisable in any case where the whole or any part of a person’s accrued pension rights under a B.R. pension scheme or a designated scheme are transferred (whether under paragraph 4 above or otherwise) to— as it is in the case of any such transfer as is mentioned in that section. Without prejudice to sub-paragraph (8) above, where in any financial year the whole or any part of a person’s accrued pension rights under a B.R. pension scheme are transferred to a designated scheme, it shall be assumed, for the purposes of any determination of the aggregate amount of the pensions, increases and expenses payable under or incurred in connection with the B.R. pension scheme in that financial year, that the payment of any sum representing those pension rights had not been made. Without prejudice to section 59(1) of the 1980 Act (which provides that the making of payments under section 52(1) does not discharge certain relevant pension obligations), the making of any payment under section 52(1) of the 1980 Act to the persons administering a designated scheme shall not discharge any relevant pension obligation, so far as it is an obligation to pay pensions or increases of pensions under that or any other designated scheme, or under a B.R. pension scheme, or is an obligation to secure the payment of those pensions or increases. Without prejudice to section 59(2) of the 1980 Act (power to amend pension scheme for certain purposes), if the persons administering an occupational pension scheme would not otherwise have power to do so, they may amend the scheme by instrument in writing for the purpose of enabling persons to be admitted as members of the scheme on the basis that payments will fall to be made under Part III of the 1980 Act in respect of qualifying pension rights of theirs which are transferred so as to become pension rights under the scheme. Where the persons administering an occupational pension scheme have power, apart from sub-paragraph (11) above, to amend the scheme for the purpose mentioned in that sub-paragraph, they may exercise that power for that purpose without regard to any limitations on the exercise of the power and without compliance with any procedural provisions applicable to its exercise. Any reference in Part III of the 1980 Act to a “financial year" shall, in relation to a designated scheme, be taken as a reference— Where any provision of Part III of the 1980 Act requires anything to be done in, or in relation to, the first financial year of a B.R. pension scheme, that provision shall (so far as so requiring) be disregarded in the application of that Part in relation to a designated scheme. In any case where— an order under sub-paragraph (1) above may provide for the benefit of that proportion of so much of those relevant pension obligations as are owed in respect of those pension rights to be transferred, so as to become relevant pension obligations owed by the Authority to the persons administering the pension scheme to which the pension rights are transferred. Where the benefit of any relevant pension obligations is transferred by virtue of sub-paragraph (15) above, the persons administering the pension scheme to which the benefit of those obligations is transferred shall have, in relation to the relevant pension obligations the benefit of which is so transferred, all the rights of the persons administering the pension scheme from which the benefit of those obligations is transferred. In this paragraph— and, subject to that, expressions used in this paragraph and in Part III of the 1980 Act have the same meaning in this paragraph as they have in that Part.

Subject to the following provisions of this paragraph, the Secretary of State— a guarantee in respect of their liabilities to make payments in respect of pension rights under the scheme. This paragraph applies in relation to a section of a new scheme as it applies in relation to a new scheme; and any reference in this paragraph to a new scheme, a closed scheme, a pension scheme or a member shall be construed accordingly. A new scheme satisfies the conditions in this sub-paragraph if— A new scheme satisfies the conditions in this sub-paragraph if— Classes or descriptions of person may be prescribed whose membership of, or participation in, a new scheme is to be disregarded for the purpose of determining whether the new scheme satisfies the conditions in sub-paragraph (3) or (4) above. The power to give a guarantee under sub-paragraph (1)(b) above becomes exercisable in the case of any new scheme if the Secretary of State is of the opinion that it is desirable to give such a guarantee for the purpose of ensuring that the trustees of the scheme are, or will be, able to meet their liabilities to make payments in respect of pension rights under the scheme as those liabilities fall to be met. The Secretary of State shall consider any representations made by the trustees of a new scheme which satisfies the conditions in sub-paragraph (4) above concerning their ability to meet their liabilities to make payments in respect of pension rights under the scheme. Any guarantee under this paragraph shall be given in such manner, and on such terms and conditions, as the Secretary of State may, after consultation with the trustees of, and the actuary to, the scheme in question, think fit; and, without prejudice to the generality of the foregoing provisions of this sub-paragraph, the terms and conditions on which a guarantee under this paragraph may be given include terms and conditions— and the sub-paragraphs of paragraphs (a) and (b) above are without prejudice to the generality of the preceding provisions of the paragraph in question. Any sums required by the Secretary of State to fulfil a guarantee given under this section shall be paid out of money provided by Parliament. In this paragraph—

If it appears to the Secretary of State necessary or expedient to do so, in consequence of any provision made by order under this Schedule, he may by provision made in the same manner—

A statutory instrument containing an order under this Schedule, other than an order under paragraph 11 above, shall not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament. At or before the time when a draft of a statutory instrument containing an order under paragraph 3 or 4 above is laid before each House of Parliament pursuant to sub-paragraph (1) above, the Secretary of State shall also lay before each House of Parliament a copy of any comments on the order in question— but this sub-paragraph is without prejudice to the validity of the order in question. If, apart from the provisions of this sub-paragraph, the draft of an instrument containing an order under this Schedule would be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.

In this Schedule, and in any amendment made by this Schedule to any other enactment,—

Section 6 of the Regulation of Railways Act 1889 (which provides that every passenger ticket issued by any railway company in the United Kingdom shall show on its face the fare chargeable for the journey for which it was issued) shall cease to have effect.

In section 1 of the Railway Fires Act 1905 (liability of railway companies to make good damage to crops caused by their engines), after subsection (2) there shall be inserted— The expressions “light maintenance depot”, “network”, “operator”, “railway asset”, “station” and “track” have the same meaning as they have in Part I of the Railways Act 1993.

In section 2 of the Railway Fires Act (1905) Amendment Act 1923 (conditions precedent to application of the Act of 1905) after the words “any railway company" there shall be inserted the words “ (as defined in section 4 of that Act) ”.

Section 43 of the British Transport Commission Act 1950 (power to supply railway equipment to the Ulster Transport Authority) shall cease to have effect.

The Transport Act 1962 shall be amended in accordance with this paragraph. The following provisions shall cease to have effect, that is to say— In section 12 (power of the Boards to construct and operate pipe-lines), in subsection (1), after the words “the Boards" there shall be inserted the words “ , other than the Railways Board, ”. In section 14(4), after the words “Each of the Boards" there shall be inserted the words “ , except the Railways Board, ”.

The Transport Act 1968 shall be amended in accordance with this paragraph. In section 42 of that Act, subsection (3) (which confers power to vary commencing capital debt of the Board to take account of transfers under section 7(5) or (6) or 8(4) of that Act and which is spent) shall be omitted. Section 45 of that Act (duty of the Board periodically to review its organisation) shall cease to have effect. Section 48 of that Act (which confers power on the Boards and the new authorities to undertake activities including manufacture for sale) shall cease to have effect in relation to the Board. In section 50 of that Act— In section 55 of that Act (amendments concerning Transport Consultative Committees under section 56 of the Transport Act 1962), in subsection (1) (services and facilities in relation to which Consultative Committees’ duties are to apply)— and subsections (2), (3) and (4) (duties of Consultative Committees in relation to certain services and facilities provided in Scotland, and provision as to office accommodation for, defrayment of expenditure incurred by, and certain payments to members of, Consultative Committees) shall cease to have effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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In the Railways Act 1974, section 9 (which provides for an alternative basis of remuneration for chairmen of Consultative Committees set up under section 56 of the Transport Act 1962) shall cease to have effect.

In section 41(1) of the Restrictive Trade Practices Act 1976 (exceptions from the general restriction on the disclosure of information obtained under or by virtue of that Act), in paragraph (a)—

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In section 11 of the Competition Act 1980, in subsection (3) (public bodies and other persons who may be the subject of a reference to the Monopolies Commission under that section), after paragraph (a) there shall be inserted—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In subsection (2) of section 101 of the Telecommunications Act 1984 (which provides that the general restriction, in subsection (1) of that section, on the disclosure of information obtained under or by virtue of that Act does not apply in relation to the performance by certain authorities of their functions under the provisions listed in subsection (3) of that section) in paragraph (b), after the words “the Director General of Electricity Supply for Northern Ireland" (which were inserted by paragraph 29(a) of Schedule 12 to the Electricity (Northern Ireland) Order 1992) there shall be inserted the words “ the Rail Regulator ”. In subsection (3) of that section (list of provisions referred to in subsection (2) of that section) after paragraph (l) (which was inserted by paragraph 29(b) of Schedule 12 to the Electricity (Northern Ireland) Order 1992) there shall be added—.

Section 2 of the London Regional Transport Act 1984 (provision of passenger transport services for Greater London) shall be amended in accordance with the following provisions of this paragraph. In subsection (1) (which requires London Regional Transport, in conjunction with the Board, to provide or secure the provision of public passenger transport services in Greater London), before the words “in conjunction with the Railways Board" there shall be inserted the words “ (if and to the extent that the Railways Board continues to be under a duty by virtue of section 3 of the Transport Act 1962 to provide railway services in Greater London) ”. At the beginning of subsection (3) (duty of London Regional Transport and the Board to co-operate for the purpose of co-ordinating services etc) there shall be inserted the words “ If and so long as the Railways Board continues to be under a duty by virtue of section 3 of the Transport Act 1962 to provide railway services in Greater London, ”. After that subsection there shall be inserted— In subsection (4) (power of London Regional Transport and the Board to enter into arrangements for the purposes of the co-operation required by the section)— After that subsection there shall be inserted—

In section 7 of that Act (planning of passenger transport services for Greater London) in subsection (4) (which specifies the persons with whom London Regional Transport are to consult in preparing statements under that section)—

In section 31 of that Act (duty of Board to consult London Regional Transport as to fares and services in London) for the words “The Railways Board shall" there shall be substituted the words “ If and so long as the Railways Board continues to be under a duty by virtue of section 3 of the Transport Act 1962 to provide railway services in Greater London, the Board shall ”.

After that section there shall be inserted—

Section 40 of that Act shall have effect with the following amendments. Without prejudice to the continuing validity of appointments made before the coming into force of this sub-paragraph, for subsection (2) (appointment of chairman and members by the Secretary of State) there shall be substituted— In subsection (4), there shall be omitted— In subsection (5)— Subsection (6) (which precludes the committee from considering charges for services and questions relating to the discontinuance or reduction of railway services) shall be omitted. In subsection (7), paragraph (b) (which requires copies of the committee’s minutes, requirements and recommendations in the case of certain matters affecting the Board to be sent to the Board) shall be omitted. In subsection (8) (power of the Secretary of State to give directions to certain bodies) the words “or (as the case may require) to the Railways Board” shall be omitted. In subsection (9) (requirement for certain bodies and persons to give notice of certain decisions to the committee) the words “the Railways Board” shall be omitted. In subsection (10) (committee to make annual report to the Secretary of State), after the words “Secretary of State” where first occurring there shall be inserted the words “ and the Rail Regulator ”. In subsection (11) (certain companies not to be treated as subsidiaries of certain bodies), the words “or the Railways Board” shall be omitted.

Section 41 of that Act (which provides for the committee to be treated as an Area Transport Users’ Consultative Committee for certain purposes and which makes other provision in connection therewith) shall cease to have effect.

In section 59 of that Act (which confers power on London Borough Councils and the Common Council to enter into certain agreements with the Board) for the words “the Railways Board" there shall be substituted—.

In section 68 of that Act (interpretation) the following definitions shall be inserted at the appropriate places—

The Committee shall prepare and send to the Secretary of State not less than two months, or such other period as the Secretary of State may specify, before the beginning of each financial year a statement of the expenses which they expect to incur in respect of that year for the purposes of, or in connection with, the carrying on of their functions. The Secretary of State shall consider any statement sent to him under sub-paragraph (3) above and shall either approve the statement or approve it with such modifications as he considers appropriate. In paragraph 9 of that Schedule, at the end of sub-paragraph (3) (which requires minutes to be kept of the proceedings of every meeting of the committee) there shall be added the words “ ; and copies of those minutes shall be sent to the Secretary of State, the Rail Regulator and the Central Rail Users’ Consultative Committee. ” In sub-paragraph (4) of that paragraph (power of committee to determine own procedure) after the words “Subject to the preceding provisions of this paragraph" there shall be inserted the words “ and the provisions of paragraph 11A below ” and after paragraph 11 of that Schedule there shall be inserted—.

In subsection (2) of section 74 of the Airports Act 1986 (which provides that the general restriction, in subsection (1) of that section, on the disclosure of information obtained under or by virtue of that Act does not apply in relation to the performance by certain authorities of their functions under the provisions listed in subsection (3) of that section) in paragraph (a), after the words “the Director General of Electricity Supply for Northern Ireland" (which were inserted by paragraph 30(a) of Schedule 12 to the Electricity (Northern Ireland) Order 1992) there shall be inserted the words “ the Rail Regulator ”. In subsection (3) of that section (list of provisions referred to in subsection (2) of that section) after paragraph (m) (which was inserted by paragraph 30(b) of Schedule 12 to the Electricity (Northern Ireland) Order 1992) there shall be added—.

In subsection (2) of section 42 of the Gas Act 1986 (which provides that the general restriction, in subsection (1) of that section, on the disclosure of information obtained under or by virtue of that Act does not apply in relation to the performance by certain authorities of their functions under the provisions listed in subsection (3) of that section) in paragraph (b), after the words “the Director General of Electricity Supply" there shall be inserted the words “ the Rail Regulator ”. In subsection (3) of that section (list of provisions referred to in subsection (2) of that section) after paragraph (m) there shall be added—.

In section 413 of the Insolvency Act 1986, at the end of subsection (2) (which imposes a requirement to consult with the Insolvency Rules Committee, except in the case of certain provisions there specified) there shall be added the words “ or by any of sections 59 to 65 of, or Schedule 6 or 7 to, the Railways Act 1993. ”

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In Schedule 6 to the Channel Tunnel Act 1987, in paragraph 2 (sections 4 and 6 of the Regulation of Railways Act 1889 not to apply to Concessionaires and through service operators, within the meaning of that Act), for the word “Sections" there shall be substituted the word “ Section ”.

In subsection (2) of section 57 of the Electricity Act 1989 (which provides that the general restriction, in subsection (1) of that section, on the disclosure of information obtained under or by virtue of that Act does not apply in relation to the performance by certain authorities of their functions under the provisions listed in subsection (3) of that section) in paragraph (b), after sub-paragraph (vii) there shall be inserted—. (nn) the Railways Act 1993

In section 10 of the New Roads and Street Works Act 1991 (application of the Fair Trading Act 1973 etc in relation to persons authorised by virtue of that Act to charge tolls for the use of roads), in subsection (2), paragraph (b) (which provides that, for certain purposes, section 51(3) of the Fair Trading Act 1973 is to have effect as if the Secretary of State for Transport were among the Ministers listed in that provision, and which is superseded by the amendment made by section 66(2) of this Act), and the word “and" immediately preceding it, shall cease to have effect.

In the Water Industry Act 1991 (subsection (3)(d) of section 206 of which provides that the general restriction contained in subsection (1) of that section on the disclosure of certain information obtained under or by virtue of that Act does not apply in relation to disclosures facilitating the performance by persons mentioned in Part I of Schedule 15 to that Act of their functions under the provisions listed in Part II of that Schedule), in Schedule 15—

In the Water Resources Act 1991 (subsection (2)(d) of section 204 of which provides that the general restriction contained in subsection (1) of that section on the disclosure of certain information obtained under or by virtue of that Act does not apply in relation to disclosures facilitating the performance by persons mentioned in Part I of Schedule 24 to that Act of their functions under the provisions listed in Part II of that Schedule), in Schedule 24—

The British Coal and British Rail (Transfer Proposals) Act 1993 (which provides for the Board and the British Coal Corporation to have certain powers to act to facilitate the implementation of proposals of the Secretary of State to transfer property, rights, liabilities or functions of the Board or that Corporation to other persons or bodies) shall cease to have effect, so far as relating to the Board.

Unless the Secretary of State otherwise directs, any person who, immediately before the coming into force of section 3 of this Act, is— shall, for the remainder of the period for which he was appointed as such, be the chairman or, as the case may be, one of the other members of the Central Committee. Any reference or representation— shall be treated as a reference or representation made to the Central Committee pursuant to paragraph (a) or (b) of subsection (2) of section 76 of this Act for the purposes of subsection (1) of that section. Any matter— shall be treated as a matter which ought to be considered by the Central Committee under subsection (1) of section 76 of this Act by virtue of subsection (2)(c) of that section. It shall be the duty of the former Central Committee to secure that all papers and other material relating to any representation, reference or matter falling within sub-paragraph (2) or (3) above are delivered up to the Central Committee as soon as reasonably practicable after the coming into force of section 3 of this Act. In any case where— he may, before the expiration of the period of twelve months beginning with the coming into force of that section, give a direction to any person providing a railway service whom he considers responsible for the matters dealt with in the recommendation. As respects the financial year at the beginning of which, or during which, section 3 of this Act comes into force— In this paragraph— For the purposes of this paragraph the matters which are within the competence of the Central Committee are any matters of a kind which, after the coming into force of section 3 of this Act, the Central Committee has power, or is under a duty, to investigate under section 76 of this Act.

Until such time as the Regulator otherwise directs— Unless the Regulator otherwise directs, any person who, immediately before the coming into force of section 2 of this Act, is the chairman or one of the other members of an Area Committee for any area shall, for the remainder of the period for which he was appointed as such, be the chairman or, as the case may be, one of the other members of the consultative committee for that area. Any reference or representation— shall be treated as a reference or representation made to the consultative committee pursuant to paragraph (a) or (b) of subsection (2) of section 77 of this Act for the purposes of subsection (1) of that section. Any matter— shall be treated as a matter which ought to be considered by the consultative committee under subsection (1) of section 77 of this Act by virtue of subsection (2)(c) of that section. It shall be the duty of the Area Committee for any area to secure that all papers and other material relating to any representation, reference or matter falling within sub-paragraph (3) or (4) above are delivered up to the consultative committee for that area as soon as reasonably practicable after the coming into force of section 2 of this Act. In any case where— he may, before the expiration of the period of twelve months beginning with the coming into force of that section, give a direction to any person providing a railway service whom he considers responsible for the matters dealt with in the recommendation. As respects the financial year at the beginning of which, or during which, section 2 of this Act comes into force— In this paragraph— For the purposes of this paragraph the matters which are within the competence of a consultative committee are any matters of a kind which, after the coming into force of section 2 of this Act, the committee has power, or is under a duty, to investigate under section 77 of this Act.

This paragraph applies in any case where— Where this paragraph applies, subsections (7) to (10) and (13) of section 56 of the 1962 Act (and, accordingly, section 54 of the 1968 Act) shall, notwithstanding anything in section 49(1) of this Act, continue to have effect in relation to the proposed closure in question, but with the substitution— and the closure provisions of this Act shall not have effect in relation to that proposed closure. In this paragraph—

Section 41 of the Channel Tunnel Act 1987 (which applies certain statutory functions of consumer committees to complaints about international railway passenger services as they apply in relation to services and facilities provided by the Board and its subsidiaries) shall continue to have effect as if section 78(1) of this Act and paragraphs 6(6)(b) and 18(3) to (8) and (10) of Schedule 12 to this Act had not been enacted. In the application of subsection (5) of section 40 of the London Regional Transport Act 1984 by virtue of section 41 of the Channel Tunnel Act 1987, for the words in that subsection from “those services or facilities are within the competence of the Committee" onwards there shall be substituted the words “ those services or facilities are provided within the area which is for the time being “the Greater London area” for the purposes of section 2 of the Railways Act 1993. ”