§ John Barrett
To ask the Secretary of State for Scotland, pursuant to the answer from the Secretary of State for Culture, Media and Sport to the hon. Member for Linlithgow (Mr. Dalyell), of 21 January 2002,Official Report, columns 627–28W, on the Forth Rail Bridge, if she will make a statement on which Scottish transport issues are reserved matters.
§ Mr. Foulkes
Schedule 5, Part II, Head E to the Scotland Act 1998 as amended by subsequent secondary legislation, sets out the matters of transport policy and direction within Scotland that are reserved to this Parliament. These responsibilities include the provision and regulation of rail services and rail transport security, with the exceptions set out.
Scottish Ministers have responsibility for issuing Directions and Guidance to the Strategic Rail Authority (SRA) in relation to passenger rail services that both start and end in Scotland, within a national framework for franchising of the railways. Funding powers and public expenditure responsibility have been transferred to the Scottish Executive in respect of the ScotRail franchise.
The Scottish Executive has the power to issue Directions and Guidance to the SRA in respect of ScotRail sleeper services, subject to the Directions and Guidance not impacting adversely on the SRA's costs outside Scotland or the operation of passenger or freight services generally. The Scottish Executive is able to issue non-binding guidance in respect of other cross border services (currently operated by GNER and Virgin).
The Scottish Parliament has legislative competence to determine the rail responsibilities of Strathclyde Passenger Transport Authority and Executive and of any new such bodies which might be established in Scotland, subject to these falling within the overall framework of the new railway regulatory structure.
The Scottish Parliament has legislative competence over grants for passenger rail services and the Scottish Executive has responsibility, under executive devolution, 1014W for the payment and administration of freight facilities grants and track access grants in Scotland, working within the rules of the schemes agreed at GB level for these subsidies.
Scottish Ministers have responsibility for appointing the Chairman of the Rail Users' Consultative Committee for Scotland (RUCCS). The reports of the Rail Users' Consultative Committee for Scotland and a copy of the Central Rail Users Consultative Committee (CRUCC) are laid before the Scottish Parliament.