These notes relate to the Railways Act 2005 (chapter 14, ISBN 0105414050) which contains a number of measures to implement the proposals set out in the Government's White Paper ('The future of rail', Cm 6233; ISBN 0101623321) published in July 2004. These measures seek to address structural problems within Britain's railways system in order to establish a more simplified structure, and include: the winding up of the Strategic Rail Authority, with its strategic and financial functions being passed to the Department for Transport and the devolved administrations, and consumer protection activities taken over by the Office of Rail Regulation; and the transfer of rail safety functions from the Health and Safety Commission/Executive to the Office of Rail Regulation.
The White Paper, 'Delivering a sustainable railway' (Cm. 7176, ISBN 9780101717625) published on July 2007 and set the Government's general vision for the railways for the next thirty years. Network Rail's engineering overruns at New Year 2008 caused tremendous inconvenience to passengers across the country and inevitably shaped the Committee's oral evidence sessions. The Committee's investigation, along with analyses from the Office of Rail Regulation (ORR) have led them to believe that the engineering overruns are symptonatic of crucial system flaws which have to be resolved if there is to be any hope of getting a sustainable railway, as promised in the White Paper. This report covers both subjects
This is the fourth edition of what is the leading practitioner's text on freedom of information law. Providing in-depth legal analysis and practical guidance, it offers complete, authoritative coverage for anyone either making, handling or adjudicating upon requests for official information. The three years since the previous edition have seen numerous important decisions from the courts and tribunals in the area. These and earlier authorities supply the basis for clear statements of principle, which the work supports by reference to all relevant cases. The book is logically organised so that the practitioner can quickly locate the relevant text. It commences with an historical analysis that sets out the object of the legislation and its relationship with other aspects of public law. Full references to Hansard and other Parliamentary materials are provided. This is followed by a summary of the regime in five other jurisdictions, providing comparative jurisprudence which can assist in resolving undecided points. The potential of the Human Rights Act 1998 to support rights of access is dealt with in some detail, with reference to all ECHR cases. Next follows a series of chapters dealing with rights of access under other legislative regimes, covering information held by EU bodies, requests under the Data Protection Act and the Environmental Information Regulations, public records, as well as type-specific rights of access. These introduce the practitioner to useful rights of access that might otherwise be overlooked. They are arranged thematically to ensure ready identification of potentially relevant ones. The book then considers practical aspects of information requests: the persons who may make them; the bodies to whom they may be made; the time allowed for responding; the modes of response; fees and vexatious requests; the duty to advise and assist; the codes of practice; government guidance and its status; transferring of requests; third party consultation. The next 13 chapters, comprising over half the book, are devoted to exemptions. These start with two important chapters dealing with general exemption principles, including the notions of 'prejudice' and the 'public interest'. The arrangement of these chapters reflects the arrangement of the FOI Act, but the text is careful to include analogous references to the Environmental Information Regulations and the Data Protection Act 1998. With each chapter, the exemption is carefully analysed, starting with its Parliamentary history (giving full references to Hansard and other Parliamentary material) and the treatment given in the comparative jurisdictions. The analysis then turns to consider all court judgments and tribunal decisions dealing with the exemption. The principles are stated in the text, with footnotes giving all available references. Whether to prepare a case or to prepare a response to a request, these chapters allow the practitioner to get on top of the exemption rapidly and authoritatively. The book concludes with three chapters setting out the role of the Information Commissioner and the Tribunal, appeals and enforcement. The chapter on appeals allows the practitioner to be familiar with the processes followed in the tribunal, picking up on the jurisprudence as it has emerged in the last eight or so years. Appendices include: precedent requests for information; a step-by-step guide to responding to a request; comparative tables; and a table of the FOI Act's Parliamentary history. Finally, the book includes an annotated copy of the FOIA Act, the Data Protection Act 1998, the Environmental Information Regulations 2004, all subordinate legislation made under them, EU legislation, Tribunal rules and practice directions, and the Codes of Practice.ContributorsProf John Angel, former President of the Information TribunalRichard Clayton QC, 4-5 Gray's Inn SquareJoanne Clement, 11 KBWGerry Facena, Monkton ChambersEleanor Gray QC
Retaining the position it has held since first publication, the fifth edition of this leading practitioner text on information law has been thoroughly re-worked to provide comprehensive coverage of the Data Protection Act 2018 and the GDPR. Information Rights has been cited by the Supreme Court, Court of Appeal and others, and is used by practitioners, judges and all those who practise in the field. The new edition maintains its style of succinct statements of principle, supported by case law, legislative provisions and statutory guidance. Reflecting its enlarged scope and to maintain easy referencing, the work has been arranged into two volumes. The first volume is a 1,250-page commentary, divided into six parts. The first part is an overview and introduction to overarching principles. The second part provides an authoritative treatment of the data protection regime. This covers all four forms of processing (general, applied, law enforcement and security services) under the GDPR and DPA 2018. Each obligation and each right is comprehensively treated, with reference to all known case-law, both domestic and EU, including those dealing with analogous provisions in the previous data protection regime. The third part provides a detailed treatment of the environmental information regime. This recognises the treaty provenance of the regime and its distinct requirements. The fourth part continues to provide the most thorough analysis available of the Freedom of Information Act and its Scottish counterpart. As with earlier editions, every tribunal and court decision has been reviewed and, where required, referenced. The fifth part considers other sources of information rights, including common law rights, local government rights and subject-specific statutory information access regimes (eg health records, court records, audit information etc). The final part deals with practice and procedure, examining appeal and regulatory processes, criminal sanctions and so forth. The second volume comprises extensive annotated statutory material, including the DPA 2018, the GDPR, FOIA, subordinate legislation, international conventions and statutory guidance. The law is stated as at 1st February 2020.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in India. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport. Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; marine pollution; collision; and carriage of passengers. Other topics discussed include liability and limitation of liability, charter parties, and transport under bill of lading. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are also covered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling transport contracts or cases affecting India. It will also be welcomed by researchers and academics for its contribution to a field that continues to gain significance in the study of comparative law.
Network Rail owns most of Britain's 2507 stations and is responsible for their structural repair and renewal. It also operates and manages 17 large stations, known as managed stations. It leases the remainder, known as franchised stations, to 22 Train Operating Companies (TOCs) responsible for station maintenance, cleaning and operations. The Strategic Rail Authority (SRA) sets minimum standards, including facilities and services required at franchised stations, monitors TOCs' compliance with requirements and helps fund stations' operation and improvement. In this report, NAO examines whether passengers are satisfied with station facilities and services and whether station requirements are being met, the barriers to station improvement and what is being done to overcome them. There has been a little improvement in passengers' satisfaction over recent years. National Passenger Survey data show that satisfaction increased from 59 per cent to 63 per cent between 1999 and 2005, but the greatest levels of dissatisfaction are with the more than 2000 small and medium-sized stations which are unstaffed, or staffed for only part of the day, and which have few facilities. But there is a gap between rising passenger expectations on the one hand, and value for money and what the government and the industry can afford to spend on the other. Funding constraints constitute the biggest barrier to further improvement. Having originally envisaged spending £225 million on new facilities at 980 stations in its Modern Facilities at Stations programme, the SRA shrank the programme to £25 million and 68 stations to match the amount of money the Department for Transport made available.
Royal assent, 22nd July 2008. An Act to to make provision for a railway transport system running from Maidenhead, in the County of Berkshire, and Heathrow Airport, in the London Borough of Hillingdon, through central London to Shenfield, in the County of Essex, and Abbey Wood, in the London Borough of Greenwich. Explanatory notes to assist in the understanding of this Act are available separately (ISBN 9780105618089). With correction slip dated November 2009
