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Part 2 Members and staff



Railways Act 2005, CONTENTS

Transfer etc. of SRA functions and abolition

Financial assistance etc. from the Secretary of State

The Rail Passengers' Council

Proposal by service operator to discontinue non-franchised services

Bye-laws

Taxation

Transfer etc. of functions of the Strategic Rail Authority

Part 2

Transfer schemes

Transfer of safety functions

Reviews by ORR of access charges and licence conditions

Rail Passengers' Council established by s. 19(1)

Part 3

Part 4

Part 5

Part 6

Functions retained by London Transport Users' Committee

Consultations under Part 4

Proposals to discontinue excluded London services

Bye-laws by railway operators

Taxation provisions relating to transfer schemes

Part 2

Part 3

Part 4

Part 5

Miscellaneous amendments of 1993 Act

Other minor and consequential amendments

Repeals

Part 2



Railways Act 2005
2005 Chapter 14 - continued
SCHEDULE 5, RAIL PASSENGERS' COUNCIL ESTABLISHED BYS. 19(1) - continued

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 PART 2
 MEMBERS AND STAFF
 Remuneration etc. of members
 
2    (1) The RPC must pay to every member, other than the one appointed by the London Assembly, the remuneration and allowances that are provided for by the terms and conditions of his appointment.
 
     (2) The London Transport Users' Committee must pay to the member appointed by the London Assembly the remuneration and allowances that are provided for by the terms and conditions of his appointment.
 
     (3) The RPC must pay, or make provision for paying, to or in respect of every member, other than the member appointed by the London Assembly, such sums by way of pensions or allowances as are payable in accordance with his terms and conditions of appointment.
 
     (4) The London Transport Users' Committee must pay, or make provision for paying, to or in respect of the member appointed by the London Assembly such sums by way of pensions or allowances as are payable in accordance with his terms and conditions of appointment.
 
     (5) If-
 
 
    (a) a person ceases to be a member of the RPC, and
 
    (b) it appears to the Secretary of State that there are special circumstances that make it right for the person to receive compensation,
 the RPC must make a payment to that person of such amount as the Secretary of State determines.
 
 Staff
 
3    The RPC may employ such persons, on such terms and conditions (including terms and conditions as to remuneration), as it may determine.
 
4    (1) The RPC may-
 
 
    (a) pay such pensions, allowances or gratuities as it may determine to or in respect of persons who are or have been employees of the RPC;
 
    (b) make such payments as it may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of such persons; or
 
    (c) provide and maintain such schemes (whether contributory or not) as it may determine for the payment of pensions, allowance or gratuities to or in respect of such persons.
     (2) The pensions, allowances or gratuities referred to in sub-paragraph (1) include pensions, allowances or gratuities by way of compensation in respect of loss of employment or loss or diminution of emoluments.
 
5    (1) The persons to whom section 1 of the Superannuation Act 1972 (c. 11) applies shall include employees of the RPC.
 
     (2) If an employee of the RPC-
 
 
    (a) is a participant in a scheme under section 1 of the Superannuation Act 1972 by reference to his employment by the RPC, and
 
    (b) becomes a member of the RPC,
 the Minister for the Civil Service may determine that his service as a member of the RPC is to be treated for the purposes of the scheme as service as an employee of the RPC.
 
     (3) The RPC must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) or (2) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
 
     (4) The Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit, delegate to the RPC the function of administering a scheme under section 1 of the Superannuation Act 1972, so far as relating to employees of the RPC.
 
     (5) If he does so, the RPC may authorise the carrying out of that function, to such extent and subject to such conditions as it may determine, by-
 
 
    (a) a person nominated by it; or
 
    (b) the employees of a person so nominated.
     (6) Acts or omissions by or in relation to-
 
 
    (a) a person nominated for the purposes of sub-paragraph (5), or
 
    (b) an employee of a person so nominated,
 must be treated for all purposes, so far as they are acts or omissions in or in connection with what he is authorised to carry out, as acts or omissions by or in relation to the RPC.
 
     (7) Sub-paragraph (6) does not apply for the purposes of-
 
 
    (a) criminal proceedings against the nominated person (or an employee of his); or
 
    (b) a contract between him and the RPC so far as relating to the function.
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© Crown copyright 2005
Prepared 18 April 2005

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