UKDSI004 Scotland Act (Consequential Provision) Regulations

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MODEL DRAFT STATUTORY INSTRUMENTS

2018 No. 0000


CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND

The Scotland Act 2016 (Consequential Provisions)


Regulations 2018 [draft]

Made 2018

Coming into force 2018

The Secretary of State makes the following Regulations in exercise of the powers conferred by section
71(1)(a) of the Scotland Act 2016(a). In accordance with section 71(7) of that Act, a draft of this
Instrument has been laid before and approved by a resolution of each House of Parliament.

Citation, commencement and extent


1. These Regulations may be cited as the Scotland Act 2016 (Consequential Provisions)
Regulations 2018 and come into force on the day after the day on which they are made.

Rail franchising
2.—(1) In the Railways Reform Act 2014(b), the following enactments no longer apply in relation
to Scotland—
(a) section 1 (which provides for the transfer of franchises on termination);
(b) section 5 (which makes provision about increases to fares).
(2) All rights of the Secretary of State to the names “ScotRail” and “Caledonian Sleeper” are
transferred to and vested in the Scottish Ministers, or such other persons as the Scottish Ministers may
determine from time to time.

CTRLALTLAMA
Secretary of State for Scotland

(a) 2016 c. 11.


(b) 2014 c. 25.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision consequential on section 57 (rail: franchising of passenger services)
of the Scotland Act 2016.
The Railways Reform Act 2014 (“the 2014 Act”) provided in section 1 that a rail franchise would be
transferred to Directly-Operated Railways, a body established by that Act, on the termination of that
franchise. In section 5, the 2014 Act made provision about increases to fares in line with the Consumer
Price Index and in consultation with Passenger Transport Executives, and about the application of
money raised through fares.
Regulation 2 provides that sections 1 and 5 of the 2014 Act no longer apply in relation to Scotland,
the effect of which is to enable the Scottish Ministers to establish rail franchises in Scotland without
those franchises being transferred to Directly-Operated Railways on termination.

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