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Lords amendment: No. 18, after clause 32, to insert the following new clause—Transfer of functions relating to works—
(".—(1) If the Secretary of State acquires any land for the purposes of this Part of this Act from a railway operator and there are situated on the land works authorised by statute, he may by order provide for the transfer of any statutory power or duty relating to the works previously exercisable by the railway operator—
(2) The Secretary of State may by order provide for the further transfer—
of a power or duty transferred under subsection (1) above or this subsection.(3) If a railway operator acquires from the Secretary of State any land on which there are situated works authorised by this Part of this Act, the Secretary of State may, with the consent of the railway operator, by order provide for the transfer to the railway operator of any duty under this Part of this Act relating to the works.
(4) An order under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.
(5) In subsections (1) and (3) above, references to a railway operator are to a person who has the management for the time being of any network, station or light maintenance depot.
(6) In this section, "light maintenance depot", "network" and "station" have the same meanings as in Part I of the Railways Act 1993.")
§ Sir John StanleyThis appears to be a substantive amendment. Will my hon. Friend the Minister give a brief explanation of its effect?
§ Mr. WattsThe new clause is inserted in the Bill following discussions with Railtrack during last year. It is intended to deal with the situation in which the Secretary of State acquires from a railway operator such as Railtrack land on which there are works that have been authorised by statute and, where it is appropriate, transfers to the Secretary of State the statutory powers and duties. It also covers the situation in which the Secretary of State disposes of land on which there are works that have been authorised by the Bill. Subject to the operator's agreement, the Secretary of State may provide for the transfer to that operator of any duty under part I of the Bill in relation to those works.
§ Sir John StanleyWill my hon. Friend clarify whether London and Continental Railways is a railway operator for the purposes of the new clause?