Schedule 1 - Office of Rail Regulation
Railways and Transport Safety Bill
8:55 am
Mr Alan Hurst (Braintree, Labour)
With this it will be convenient to discuss the following:
Government amendments Nos. 44, 41 and 42.
Government new clause 3—Schedules 1 and 4: sequestration, &c. in Scotland. Mr. Spellar: The amendments reflect the different law on bankruptcy in Scotland as it relates, first, to the Secretary of State's power to dismiss a member of the Office of Rail Regulation and, secondly, to eligibility for appointment to the British Transport Police Authority.
The Enterprise Act 2002 includes new provisions on bankruptcy for England and Wales and introduces bankruptcy restrictions orders. The Bill provides that someone who is subject to a bankruptcy restrictions order may be dismissed from the Office of Rail Regulation. It also provides that someone who is subject to such an order is ineligible for appointment to the British Transport Police Authority. The relevant provisions of the 2002 Act have yet to be commenced, and clauses 70(3)(l) and 108(3)(a) allow transitional provisions on bankruptcy to be made by order, should the provisions relating to the BTPA and the ORR come into force first.
The provisions on bankruptcy restrictions orders in the 2002 Act do not apply to Scotland, and it is for the Scottish Parliament to decide whether to legislate for equivalent provision. For the present, however, the Bill must reflect existing bankruptcy arrangements in Scotland, and it is better to do that in the Bill than through secondary legislation, as currently provided for by clauses 70(2)(m) and 108(3)(b).
Amendment No. 43 sets out the bankruptcy grounds in Scotland on which the Secretary of State may dismiss a member of the Office of Rail Regulation. Amendment No. 44 sets out the bankruptcy grounds in Scotland on which a person would be ineligible for appointment to the British Transport Police Authority. Amendment No. 41 deletes the order-making power to make transitional arrangements on bankruptcy in Scotland in connection with the British Transport Police Authority. In the light of amendment No. 44, that power will no longer be needed. Amendment No. 42
deletes the order-making power to make transitional arrangements on bankruptcy in Scotland in connection with the Office of Rail Regulation. In the light of amendment No. 43, that power will also no longer be needed. New clause 3 sets out how and when ineligibility or liability to removal on the grounds of bankruptcy in Scotland shall cease.