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The Welsh Ministers (Transfer of Functions) (Railways) Order 2018

As Enacted Cited authorities 65 Cited in Amendments 64 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2018/631
Year2018

2018 No. 631

Constitutional Law

Devolution, Wales

The Welsh Ministers (Transfer of Functions) (Railways) Order 2018

Made 23th May 2018

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 23rd day of May 2018  

Present,

The Queen’s Most Excellent Majesty in Council

A draft of this Order has been laid before, and approved by a resolution of, each House of Parliament in accordance with section 58(4)(a) of the Government of Wales Act 20061and has been approved by the Welsh Ministers in accordance with section 58(4)(b) of that Act.

Her Majesty, in exercise of the powers conferred by section 58(1)(a), (b)(i) and (c) and (3) and section 157(2) of, and paragraph 2(1) of Schedule 4 to, that Act2, is pleased, by and with the advice of Her Privy Council, to order as follows:

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the Welsh Ministers (Transfer of Functions) (Railways) Order 2018.

(2) The following provisions of this Order come into force 21 days after the day on which this Order is made—

(a)

(a) this article and articles 2 to 4;

(b)

(b) the following provisions of the Schedule—

(i) paragraphs 1 and 2;

(ii) paragraph 5, except the amendment in sub-paragraph (3)(a) to the definition of “appropriate designating authority” in section 23(3) of the Railways Act 19933as it applies for the purposes of section 24 of that Act4;

(iii) paragraphs 8 and 9;

(iv) paragraph 10(1), (2)(c) and (d) and (4);

(v) paragraph 12;

(vi) paragraphs 24 to 26;

(vii) paragraph 27, except so far as it inserts the definition of “Welsh protected railway company”;

(viii) paragraphs 29 and 30;

(ix) paragraph 32;

(x) paragraphs 34 to 41;

(xi) paragraph 44(1) and (2);

(xii) paragraph 49;

(xiii) paragraph 52(b)(ii);

(xiv) paragraphs 55(1), (3) and (4)(a) and 56;

(xv) paragraph 58(1) and (2)(a);

(xvi) paragraphs 61 to 66;

(xvii) paragraph 68.

(3) Except as provided by paragraph (2), this Order comes into force at 2.00 a.m. on 14th October 2018.

(4) The amendments made by the Schedule extend to England and Wales and Scotland only.

S-2 Amendments to the Railways Acts 1993 and 2005: transfer of functions etc

Amendments to the Railways Acts 1993 and 2005: transfer of functions etc

2.—(1) The Schedule amends—

(a)

(a) the Railways Act 1993 (see Part 1), and

(b)

(b) the Railways Act 2005 (see Part 2).

(2) Functions under those Acts, so far as exercisable by the Secretary of State in relation to Wales, are—

(a)

(a) transferred to the Welsh Ministers, or

(b)

(b) as the case may be, exercisable by the Welsh Ministers concurrently with the Secretary of State,

as provided for by amendments made by the Schedule to the provisions of those Acts relating to the functions in question and in accordance with articles 3 and 4.

S-3 Effect of amendment to section 76 of the Railways Act 1993

Effect of amendment to section 76 of the Railways Act 1993

3. The amendment made by paragraph 25 of the Schedule to subsection (6)(a) of section 76 of the Railways Act 1993 has effect to provide for the Secretary of State’s function under that subsection to be exercisable concurrently with the Welsh Ministers only so far as it is exercisable in relation to Wales.

S-4 Transfer of property: exception for records

Transfer of property: exception for records

4.—(1) Paragraph 1(1) of Schedule 4 to the Government of Wales Act 2006 (transfer of property, rights and liabilities connected with transferred functions) does not apply to any documentary or electronic records to which the Secretary of State is entitled at the relevant time in connection with any function exercisable by the Secretary of State and transferred to the Welsh Ministers by this Order.

(2) In paragraph (1) the “relevant time” means the time when the provision of this Order providing for the transfer of the function in question comes into force.

Ceri King

Deputy Clerk of the Privy Council

SCHEDULE

Article 2

AMENDMENTS TO THE RAILWAYS ACTS 1993 AND 2005

1 PART 1

PART 1

AMENDMENTS TO THE RAILWAYS ACT 1993

SCH-1.1

1. The Railways Act 1993 is amended as follows.

SCH-1.2

2.—(1) Section 4 (general duties of the Secretary of State and the Office of Rail and Road)5is amended as follows.

(2) In subsection (3C)—

(a)

(a) for “the National Assembly for Wales” substitute “the Welsh Ministers”;

(b)

(b) for “that Assembly” substitute “the Welsh Ministers”;

(c)

(c) for “the Assembly” substitute “the Welsh Ministers”.

(3) After subsection (3C) insert—

SCH-1.3D

“3D The reference in subsection (3C) to functions transferred to the Welsh Ministers under or by virtue of Part 4 of the Railways Act 2005 includes a reference to functions which were transferred to the National Assembly for Wales under or by virtue of that Part and which became functions of the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006.”

(4) In subsection (5)—

(a)

(a) in paragraph (ca), for “the National Assembly for Wales” substitute “the Welsh Ministers”;

(b)

(b) in paragraph (cb)—

(i) for “the National Assembly for Wales” substitute “the Welsh Ministers”;

(ii) for “it” substitute “them”.

(5) In subsection (5A), for “the National Assembly for Wales” substitute “the Welsh Ministers”.

(6) In subsection (5D) in paragraph (b) for “the National Assembly for Wales” substitute “the Welsh Ministers”.

(7) In subsection (9) in the definition of “notified strategies and policies”—

(a)

(a) for “the National Assembly for Wales” substitute “the Welsh Ministers”;

(b)

(b) for the first “that Assembly” substitute “the Welsh Ministers”;

(c)

(c) for the second “that Assembly” substitute “them”.

SCH-1.3

3. In section 17 (access agreements: directions requiring facility owners to enter into contracts for the use of their railway facilities)6in subsection (4) after the second “Secretary of State” insert “, the Welsh Ministers”.

SCH-1.4

4. In section 19 (access agreements: contracts for the use, on behalf of the Secretary of State, of installations comprised in a network)7in subsection (7) after the second “Secretary of State” insert “, the Welsh Ministers”.

SCH-1.5

5.—(1) Section 23 (passenger services to be subject to franchise agreements)8is amended as follows.

(2) After subsection (2ZC) insert—

SCH-1.2ZD

“2ZD Where the Welsh Ministers designate Wales-only services, they may also designate Welsh components of Welsh services which—

(a) they consider should be provided under the same franchise agreement as particular Wales-only services or a particular class of Wales-only services; and

(b) are not exempt from designation under subsection (1) by virtue of section 24.

SCH-1.2ZE

2ZE Nothing in this section requires the Secretary of State to designate a Welsh service so far as already designated by the Welsh Ministers.”

(3) In subsection (3)—

(a)

(a) in the definition of “the appropriate designating authority”, after paragraph (a) omit “and” and insert—

“(aa)

“(aa) in relation to Wales-only services, means the Welsh Ministers; and”;

(b)

(b) in the definition of “the appropriate franchising authority”, after paragraph (a) omit “and” and insert—

“(aa)

“(aa) in relation to a Welsh franchise agreement to the extent that the franchised services under it are Wales-only services or Welsh components of Welsh services, means the Welsh Ministers;

(ab)

(ab) in relation to a Welsh franchise agreement to the extent that the franchised services under it are services other than Wales-only services or Welsh components of Welsh services, means the Secretary of State;”;

(c)

(c) in the definition of “franchise agreement” for the words “with the Secretary of State, with the Scottish Ministers or with the Secretary of State and the National Assembly for Wales jointly” substitute “to which the Secretary of State, the Scottish Ministers or the Welsh Ministers is or are party”.

SCH-1.6

6.—(1) Section 24 (exemption of passenger services from section 23(1))9is amended as follows.

(2) After subsection (3A) insert—

SCH-1.3B

“3B Before granting a franchise exemption in respect of a Welsh service, the Secretary of State must consult the Welsh Ministers.”

(3) After subsection (12A) insert—

SCH-1.12B

“12B A statutory instrument containing an order under this section made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.”

SCH-1.7

7.—(1) Section 24A (Secretary of State franchise exemptions: operator agreements)10is amended as follows.

(2) In the heading for “Secretary of State franchise exemptions” substitute “Franchise exemptions granted by Secretary of State or Welsh Ministers”.

(3) In subsection (1) after “the Secretary of State” insert “or the Welsh Ministers”.

(4) In subsection (2)—

(a)

(a) after the first “the Secretary of State” insert “or the Welsh Ministers”;

(b)

(b) after “that the Secretary of State considers appropriate” insert “or (as the case may be) that the Welsh Ministers consider appropriate”.

(5) In subsection (3) after “that the Secretary of State considers appropriate” insert “or (as the case may be) that the Welsh Ministers consider appropriate”.

SCH-1.8

8.—(1) Section 26 (invitations to tender for franchises)11is amended as follows.

(2) In subsections (4A), (4B) and (4D) after “the Secretary of State” insert “, the Welsh Ministers”.

(3) For subsection (4E) substitute—

SCH-1.4E

“4E Before preparing, altering or replacing a statement of policy the Secretary of State, the Welsh Ministers and the Scottish Ministers must undertake such consultation as they consider appropriate.”

(4) In subsection (4F) after paragraph (a) omit “and” and insert—

“(aa)

“(aa) in the case of a statement prepared, altered or replaced by the Welsh Ministers, before the National Assembly for Wales; and”.

SCH-1.9

9.—(1) Section 27 (transfer of franchise assets and shares)12is amended as follows.

(2) In subsections (1) to (4) and (8) to (10) for “appropriate franchising authority” in each place substitute “responsible authority”.

(3)...

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