SCHEDULE 3Consequential amendments and revocations
PART 1Consequential amendments
CHAPTER 1Primary legislation
Amendment of the Railways Act 1993
1.
(1)
(2)
““the public service obligations regulations” means the Public Service Obligations in Transport Regulations 2023;”.
Amendment of the Government of Wales Act 2006
2.
(1)
(2)
In Schedule 7A (reserved matters), in paragraph (c) of the exception relating to Section E2 (rail transport), for “Regulation (EC) No. 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road” substitute “the Public Service Obligations in Transport Regulations 2023”
.
Amendment of the Subsidy Control Act 2022
3.
(1)
(2)
“(b)
a subsidy given in accordance with—
(i)
Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road,
(ii)
that Regulation as it has effect by virtue of regulation 28(2) of the Public Service Obligations in Transport Regulations 2023, or
(iii)
the Public Service Obligations in Transport Regulations 2023,
(and any such subsidy is to be treated for the purposes of this Act as if it were given in accordance with a subsidy scheme).”.
CHAPTER 2Secondary legislation
Amendment of the Cleaner Road Transport Vehicles (Scotland) Regulations 2010
4.
(1)
(2)
In regulation 2, in the definition of “operator” for “Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road, as amended from time to time” substitute “regulation 2 of the Public Service Obligations in Transport Regulations 2023”
.
Amendment of the Cleaner Road Transport Vehicles Regulations 2011
5.
(1)
(2)
In regulation 2, in the definition of ““public service contract” and “public service obligation”” for “Regulation (EC) No 1370” to the end of the definition substitute “the Public Service Obligations in Transport Regulations 2023”
.
Amendment of the Concession Contracts (Scotland) Regulations 2016
6.
(1)
(2)
In regulation 12(1)(l) (exclusions: specific service contracts) for “Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road” substitute “the Public Service Obligations in Transport Regulations 2023, except where such services are provided by means of a motor vehicle, other than a tram, which is adapted to carry not more than sixteen passengers”
.
Amendment of the Railways (Access, Management and Licensing of Railways Undertakings) Regulations 2016
7.
(1)
(2)
In regulation 3 (interpretation)—
(a)
in the definition of “applicant” for “Regulation (EC) No 1370/2007” substitute “the Public Service Obligations in Transport Regulations 2023”
;
(b)
in the definition of “competent authority” for “Article 2 of Regulation (EC) No 1370/2007” substitute “regulation 2 of the Public Service Obligations in Transport Regulations 2023”
;
(c)
in the definition of ““public passenger transport”, “public service contract” and “public service operator””, for “public passenger transport” substitute “public passenger transport services”
and for “Article 2 of Regulation (EC) No 1370/2007” substitute “regulation 2 of the Public Service Obligations in Transport Regulations 2023”
;
(d)
omit the definition of “Regulation (EC) No 1370/2007”;
(e)
in the definition of “relevant public service contract” after “transport” insert “services”
;
(f)
in the definition of “relevant public service operator” after “transport” insert “services”
.
(3)
In regulation 9 (separation of accounts), in paragraph (2)(b) omit “in accordance with article 7 of Regulation (EC) No 1370/2007”.
CHAPTER 3Retained EU law
Amendment of Commission Implementing Regulation (EU) 2018/1795
8.
(1)
(2)
In Article 3 (definitions)—
(a)
in the definition of “public service contract” for “point (i) of Article 2 of Regulation (EC) No 1370/2007” substitute “regulation 2 of the Public Service Obligations in Transport Regulations 2023”
;
(b)
in the definition of “competent authority” for “point (b) of Article 2 of Regulation (EC) No 1370/2007” substitute “regulation 2 of the Public Service Obligations in Transport Regulations 2023”
;
(c)
in the definition of “exclusive right” for “point (f) of Article 2 of Regulation (EC) No 1370/2007” substitute “regulation 2 of the Public Service Obligations in Transport Regulations 2023”
.
(3)
In Article 6 (public service contracts with exclusive rights), for “Article 3 of Regulation (EC) No 1370/2007” substitute “regulation 7 of the Public Service Obligations in Transport Regulations 2023”
.
(4)
In Article 7 (information requirements for economic equilibrium test), in paragraph 2 at point (a)(2), for “Article 6(1) of Regulation (EC) No 1370/2007 and the Annex to that Regulation” substitute “regulation 5 of the Public Service Obligations in Transport Regulations 2023”
.
(5)
PART 2Revocations
Revocations
9.
The following are revoked—