 | |
|
SCHEDULE 9
|
| |
TRANSITIONAL PROVISIONS AND SAVINGS |
| |
General |
| | 1. - (1) The Secretary of State may by order made by statutory instrument make such transitional provisions and savings he considers appropriate in connection with the coming into force of any provision of this Act.
|
| |
(2) Nothing in the following provisions of this Schedule limits sub-paragraph (1).
|
| |
(3) Nothing in this Schedule limits the operation of sections 16 and 17 of the Interpretation Act 1978 (effect of repeals).
|
| |
First appointments to Authority |
| | 2. - (1) The Secretary of State shall offer to the person who immediately before the coming into force of section 1 of this Act is the chairman of the Board appointment under sections 2(1) and 3(1)(a) of this Act as the member of the Authority who is to chair it from the time when the Authority is established.
|
| |
(2) The Secretary of State shall offer to the other persons who immediately before the coming into force of section 1 of this Act are members of the Board appointment under section 2(1) of this Act as members of the Authority from the time when the Authority is established.
|
| |
(3) The Secretary of State shall (in spite of section 3(3) of this Act) offer to the person who immediately before the coming into force of section 1 of this Act is the Franchising Director appointment as the chief executive of the Authority from the time when the Authority is established; and, if appointed, the terms of his appointment shall (in spite of paragraph 4(2) of Schedule 1) be such as may be determined by the Secretary of State.
|
| |
(4) Unless any person to whom an appointment is offered under sub-paragraph (1), (2) or (3) refuses to accept it, he shall be appointed pursuant to the offer.
|
| |
(5) A person may be both a member of the Board and a member of the Authority.
|
| |
Consumer protection conditions |
| | 3. - (1) The Secretary of State may make in relation to-
|
| |
(a) a licence authorising a person to be the operator of railway assets which has been granted before the coming into force of Part I of Schedule 4, or |
| |
(b) a licence exemption which has been so granted, |
| |
a scheme making such provision as appears to him to be appropriate in consequence of the amendments made by paragraphs 5 to 16 of that Schedule.
|
| |
(2) The scheme may include modifications of the licence or licence exemption and of any agreement entered into by the operator (in particular so that references to the Regulator have effect as references to the Authority).
|
| |
(3) Before making a scheme under this paragraph the Secretary of State must consult-
|
| |
|
| |
|
| |
|
| |
(d) any such other persons as he considers appropriate. |
| |
(4) The amendments made by paragraphs 5 to 16 of Schedule 4 apply in relation to any licence authorising a person to be the operator of railway assets which has been granted before the coming into force only from the coming into force of a scheme made under this paragraph in relation to the licence.
|
| |
Penalties |
| | 4. The amendment made by section 19 does not permit the imposition of a penalty in respect of a contravention occurring before that section comes into force.
|
| |
Compliance orders |
| | 5. The amendments made by section 20 do not apply in a case in which-
|
| |
(a) a provisional order has been made, or |
| |
(b) any steps towards the making of a final order have been taken, |
| |
before that section comes into force.
|
| |
Register |
| | 6. - (1) The Regulator shall give to the Authority details of the provision which he has caused to be entered in the register maintained by him under section 72 of the Railways Act 1993 by virtue of paragraph (c) of subsection (2) of that section before the coming into force of the repeal of that paragraph by this Act.
|
| |
(2) The Authority shall cause to be entered in the Register maintained by it under section 73 of that Act any details given to it under sub-paragraph (1).
|
