Railways Act 2005
Schedule 1 (which transfers consumer protection functions of the SRA to the ORR, transfers other functions of the SRA to the Secretary of State and to devolved authorities and also abolishes some functions of the SRA) has effect.
The Secretary of State may make a scheme for the transfer of property, rights and liabilities from— to a person specified in subsection (3) or to two or more of those persons.
the Strategic Rail Authority, or
a company which is wholly owned by that Authority,
Those persons are—
the Secretary of State;
the Scottish Ministers;
the Welsh Ministers;
the Office of Rail Regulation;
the Passengers’ Council established by section 19(1); and
a company which is wholly owned by a person falling within any of paragraphs (a) to (d) or is jointly owned by more than one of them.
But a transfer of— may be made by a transfer scheme under subsection (2) only to the Scottish Ministers.
rights and liabilities arising under a Scottish franchise agreement, or
property created or vested in any person by such an agreement,
Before making a scheme under subsection (2) the Secretary of State must consult every person to whom property, rights or liabilities would be transferred under the proposed scheme.
Schedule 2 (which contains supplemental provisions about transfer schemes) has effect in relation to schemes under subsection (2).
If the Secretary of State considers it appropriate to do so in connection with or in anticipation of the commencement of any provision of this Act, or of the abolition of the Strategic Rail Authority, he may—
terminate the appointment of any person as chairman or member of the Strategic Rail Authority; and
direct a reduction, pending its abolition, in the minimum membership of the Authority.
The Secretary of State may by order make such modifications of any provision of— as appear to him to be necessary or expedient in consequence of the provisions of this section or of any scheme made under this section.
Part 3 of the Transport Act 1980 (c. 34) (railway pensions),
Schedule 11 to the 1993 Act (pensions), or
section 244 of the 2000 Act (indexation of pensions),
The power under subsection (8) to make modifications by order is subject to the affirmative resolution procedure.
Where, after consulting the Strategic Rail Authority, the Secretary of State is satisfied— the Secretary of State may by order provide for it to cease to exist.
that all such transfers have been provided for as will secure that the dissolution of the Authority will not extinguish any of its liabilities, and
that it is no longer necessary, for any other reason, for that Authority to continue to exist,
Schedule 3 (which makes provision for and in connection with the transfer to the ORR of safety functions conferred by or under the Health and Safety at Work etc. Act 1974 (c. 37)) has effect.
Section 4 of the 1993 Act (general duties of the Secretary of State and the ORR) is amended as follows.
In subsections (1) to (3), after “this Part”, in each place, insert “ or the Railways Act 2005 that are not safety functions ”.
In subsection (1), for paragraphs (za) and (a) (duties to further the strategies of the SRA and to protect the interests of rail users) substitute—.
In subsection (3)(a)(duty of ORR to have regard to safety matters), the words from “taking into account” to “Executive” (which require the ORR to take into account advice from the HSE) shall cease to have effect.
In subsection (3A) (functions of Secretary of State excluded from duty), after paragraph (b) insertand
After that subsection insert—
In subsection (4), after “this Part” insert “ or the Railways Act 2005 ”.
In subsection (5) (supplementary duties)—
in the words before paragraph (a), after “this Part” insert “ or the Railways Act 2005 that are not safety functions ”;
after paragraph (a) (guidance from the Secretary of State) insert—
in paragraph (b), after “this Part” insert “ or that Act ”;
for paragraph (c) (duty to have regard to financial position of the SRA) substitute—.
After that subsection insert—
For subsection (7ZA) substitute—
In subsection (9)—
“notified strategies and policies”, in relation to the National Assembly for Wales, means the strategies and policies of that Assembly that have been notified by that Assembly for the purposes of this section to the Office of Rail Regulation;
“railway service performance” includes, in particular, performance in securing each of the following in relation to railway services— “safety functions” means functions assigned or transferred to the Office of Rail Regulation— so far as they are being exercised for the railway safety purposes (within the meaning of Schedule 3 to the Railways Act 2005) or for purposes connected with those purposes.
Schedule 4 (which amends Schedule 4A to the 1993 Act to broaden the scope of access charges reviews and to increase the influence of the Secretary of State and the Scottish Ministers over such reviews) has effect.
The Scottish Ministers may prepare a strategy for carrying out their functions in relation to railways and railway services.
The Scottish Ministers may from time to time revise that strategy.
Where the Scottish Ministers prepare or revise such a strategy, they must publish the strategy or revised strategy in such manner as they consider appropriate for bringing it to the attention of those likely to be affected by it.
The reference in subsection (1) to the functions of the Scottish Ministers in relation to railways and railway services includes, in particular, their functions under Part 1 of the 1993 Act and their functions under this Act.
The Secretary of State may provide, or agree to provide, financial assistance to any person—
for the purpose of securing the provision, improvement or development of railway services or railway assets; or
for any other purpose relating to a railway or to railway services.
For the purposes of this section the provision of financial assistance includes each of the following—
the making of grants or loans;
the giving of guarantees; and
investments in bodies corporate.
Agreements or other arrangements entered into by the Secretary of State under this section may be entered into on whatever terms, and subject to whatever conditions, he considers appropriate.
In exercising his powers under this section— the Secretary of State must have regard to the desirability of acting consistently with anything notified to him under section 9 or 11.
for any purpose mentioned in section 9(1) in relation to which powers are exercisable by the Scottish Ministers under section 8, or
for any purpose mentioned in section 11(1) in relation to which powers are exercisable by the Welsh Ministers under section 10,
A power of the Secretary of State under this section or otherwise to enter into agreements or other arrangements (other than franchise agreements) for a purpose set out in subsection (1) may be exercised by his entering into an agreement or other arrangement with a relevant person in respect of services provided under a franchise agreement only where the agreement or arrangement is entered into in accordance with that franchise agreement.
For the purposes of subsection (5) a person is a relevant person in relation to a franchise agreement if he is—
the franchise operator;
the franchisee; or
an employee, agent or independent contractor of the franchise operator or of the franchisee.
In this section “railway” has its wider meaning.
Paragraph (a) of subsection (1) of section 17 of the Ministry of Transport Act 1919 (c. 50) (grants or loans for the construction, improvement or maintenance of railways, light railways or tramways) shall cease to have effect.
This section applies if the Secretary of State makes or modifies a scheme setting out how he proposes to exercise his powers under section 6 for the purpose of securing the provision, improvement or development of—
services for the carriage of goods by railway; or
facilities for or in connection with—
the carriage of goods by railway; or
the loading or unloading of goods carried or intended to be carried by railway.
This section also applies if the Secretary of State makes or modifies a determination of the criteria that he will apply in exercising his functions under such a scheme.
The Secretary of State must send a copy of the scheme or determination, or (as the case may be) of the scheme or determination as modified—
to the Scottish Ministers; and
to the Welsh Ministers.
In this section—
the discontinuance of a railway passenger service or of railway passenger services;
“local service” has the meaning given by section 2 of the Transport Act 1985;
the Secretary of State;
In subsection (1) of section 16 of the 1974 Act (codes of practice with respect to the requirements of certain provisions), for “sections 2 to 7 or of health and safety regulations or of any of the existing statutory provisions” substitute “any of the enactments or instruments mentioned in subsection (1A) below”. After that subsection insert—
Section 43A of the 1974 Act (railway safety levy) is amended as follows. In subsection (2) (expenses in respect of which levy raised), for paragraphs (a) and (b) substitute— In subsections (5) and (6), for “Commission or the Executive” substitute “Office of Rail Regulation”. In subsection (9), for “to which section 117 of the Railways Act 1993 applies” substitute “falling within paragraph 1(3) of Schedule 3 to the Railways Act 2005”.
In this Schedule— In this Schedule a reference to the safety functions of the Office of Rail Regulation is a reference to— “railway safety purposes” has the same meaning as in Schedule 3 to the Railways Act 2005;
The RPC is not to be treated— The property of the RPC is not to be regarded as property of the Crown or as held on behalf of the Crown.
Meetings of the RPC must be open to the public; but the public must be excluded during any item of business that is confidential for the purposes of this paragraph. An item of business is confidential for the purposes of this paragraph where, if members of the public were to be present during that item, it is likely that information furnished in confidence to the RPC by— would be disclosed in breach of the obligation of confidence. An item of business is confidential for the purposes of this paragraph where the RPC has resolved that— it is desirable in the public interest that the public be excluded during that item. An item of business is confidential for the purposes of this paragraph where, if members of the public were to be present during that item, it is likely that— An item of business is confidential for the purposes of this paragraph where the circumstances— An order under sub-paragraph (5) is subject to the negative resolution procedure.
in relation to any other franchise agreement, the Secretary of State;
The RPC may employ such persons, on such terms and conditions (including terms and conditions as to remuneration), as it may determine.
In that Act, after the section 252D inserted by paragraph 3 of this Schedule insert— section 252E;
In this Part of this Schedule, “relevant transfer” means a transfer in accordance with a scheme made under section 12.
This paragraph applies for the purposes of Part 3 of the 2001 Act, and the other provisions of that Act which are relevant to that Part, in relation to a relevant transfer of the relevant interest in an industrial building or structure. The transfer is to be treated as a sale of that relevant interest. The net proceeds of that sale, in relation to the transferor, are to be treated— Sections 567 to 570 of the 2001 Act (sales treated as being for alternative amount) are not to have effect in relation to that sale. For the purposes of this paragraph a sum received by a person connected with the transferor is to be treated as received by the transferor.
This paragraph applies to a relevant transfer of a debt owed to the transferor if the transferor would (apart from this paragraph) be the original creditor in relation to that debt for the purposes of section 251 of the 1992 Act (disposal of debts). The 1992 Act is to have effect as if the transferee (and not the transferor) were the original creditor for those purposes.
No transfer in accordance with a scheme made under section 1(2) is to give rise to any liability to stamp duty land tax. Relief under this paragraph must be claimed in a land transaction return or in an amendment of a land transaction return. In sub-paragraph (2) “land transaction return” has the meaning given by section 76(1) of the Finance Act 2003 (c. 14).
In section 35(3)(d) of the 1992 Act (no gain no loss disposals), after sub-paragraph (xv) insert—
The Transport Act 1962 is amended as follows. In section 43 (general provisions about services and facilities provided and charges imposed by the British Waterways Board and the SRA)— In section 56 (transport consultative committees)—
In section 18 of the Fire Precautions Act 1971, for subsection (2) (power of fire and rescue authorities to make arrangements with the HSC) substitute—
In section 101 of the Telecommunications Act 1984 (general restrictions on disclosure of information), in subsection (3), at the end insert—
The Railways Act 2005.
The Railway Heritage Act 1996 is amended as follows. Section 1 (bodies to which the Act applies) is to become subsection (1) of that section and is amended as follows— In that section, after that subsection insert— In section 2 (establishment of statutory committee)— In section 4(6)(b) (exclusion of a disposal made in accordance with a transfer scheme under the 2000 Act from the application of sections 4 and 5), after “Transport Act 2000” insert “or the Railways Act 2005”.
In section 105 of the Utilities Act 2000 (general restrictions on disclosure of information), in subsection (6), at the end insert—
The RPC may— The pensions, allowances or gratuities referred to in sub-paragraph (1) include pensions, allowances or gratuities by way of compensation in respect of loss of employment or loss or diminution of emoluments.
The persons to whom section 1 of the Superannuation Act 1972 (c. 11) applies shall include employees of the RPC. If an employee of the RPC— the Minister for the Civil Service may determine that his service as a member of the RPC is to be treated for the purposes of the scheme as service as an employee of the RPC. The RPC must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) or (2) in the sums payable out of money provided by Parliament under the Superannuation Act 1972. The Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit, delegate to the RPC the function of administering a scheme under section 1 of the Superannuation Act 1972, so far as relating to employees of the RPC. If he does so, the RPC may authorise the carrying out of that function, to such extent and subject to such conditions as it may determine, by— Acts or omissions by or in relation to— must be treated for all purposes, so far as they are acts or omissions in or in connection with what he is authorised to carry out, as acts or omissions by or in relation to the RPC. Sub-paragraph (6) does not apply for the purposes of—
The RPC must give such notice— as it considers appropriate for the purpose of bringing the meeting to the attention of interested members of the public.
of any meeting of the RPC which is open to the public, and
of the business to be taken at that meeting (other than items during which the public is to be excluded),
For the purposes of being a party to a franchise agreement the Scottish Ministers shall have power to provide, or to agree to provide, financial assistance to the franchisee—
for the purpose of securing the provision, improvement or development of the Scottish services to which the agreement relates; or
for any other purpose relating to the provision of those services.
The Scottish Ministers shall also have power, where they do so wholly or primarily for Scottish purposes, to provide, or to agree to provide, financial assistance to persons otherwise than under franchise agreements—
for the purpose of securing the provision, improvement or development of railway services or railway assets; or
for any other purpose relating to a railway or to railway services.
In subsection (2) “Scottish purposes” means any of the following—
any purposes connected with a Scottish service or proposed Scottish service;
the provision, improvement or development of services for the carriage of goods by railway where the services are to be or are provided wholly or partly in Scotland;
the provision, improvement or development of facilities for use for or in connection with—
the carriage of goods by railway using services that are to be or are provided wholly or partly in Scotland; or
the loading or unloading of goods so carried or intended to be so carried.
For the purposes of this section the provision of financial assistance includes each of the following—
the making of grants or loans;
the giving of guarantees; and
investments in bodies corporate.
Agreements and other arrangements entered into by the Scottish Ministers under subsection (1) or (2) may be entered into on whatever terms, and subject to whatever conditions, they consider appropriate.
In exercising their powers under this section for any purpose mentioned in subsection (1) of section 7, the Scottish Ministers must have regard to the desirability of acting consistently with anything notified to them under that section.
The power of the Scottish Ministers under subsection (2) may be exercised by their entering into an agreement or other arrangement with a relevant person in respect of services provided under a franchise agreement only where the agreement or other arrangement is entered into in accordance with that franchise agreement.
For the purposes of subsection (7) a person is a relevant person in relation to a franchise agreement if he is—
the franchise operator;
the franchisee; or
an employee, agent or independent contractor of the franchise operator or of the franchisee.
In this section—
“transferee”, in relation to a scheme, means a person to whom property, rights or liabilities are transferred in accordance with the scheme; and
Paragraph 3 (which provides for consideration of when the next review should be undertaken) shall cease to have effect.
Paragraph 1H applies to the making of any determination by the Office of Rail Regulation of what should be included in a new review notice to be given under this paragraph as it applies to the conduct of an access charges review.
As soon as practicable after making relevant changes under this paragraph, the Competition Commission must send a copy of those relevant changes—
The Secretary of State— a document to be known as the RPC’s “financial framework”. The financial framework must specify rules and principles according to which the RPC is to exercise and perform its powers and duties in relation to— The RPC must not carry out any of its functions in a manner which is inconsistent with its financial framework. The fact that a transaction entered into by the RPC constitutes, or involves, a contravention of sub-paragraph (3) does not invalidate the transaction. Sub-paragraph (4) applies whether or not a person who entered into the transaction with the RPC inquired whether the transaction constituted or involved a contravention of sub-paragraph (3).
This paragraph applies to a relevant transfer of plant or machinery which is a disposal event for the purposes of Part 2 of the 2001 Act (capital allowances for plant and machinery). For the purposes of the application of section 61 of that Act in relation to the transferor, the disposal value of the plant or machinery is to be treated— For the purposes of this paragraph a sum received by a person connected with the transferor is to be treated as received by the transferor. Section 88 of the 2001 Act (sales at an undervalue) is to be disregarded. This paragraph is subject to sections 63(5) and 68 of the 2001 Act.
For the purposes of the 1992 Act, a relevant transfer of an asset is to be treated as a disposal of that asset to the transferee for a consideration of such amount as would secure that, on the disposal, neither a gain nor a loss accrues to the transferor.
This paragraph applies for the purposes of section 781 of the Taxes Act (assets leased to traders and others) where— Section 783(4) of that Act is to be disregarded and the transfer or grant is to be treated as made without any capital sum having been obtained in respect of the interest or lease by the transferor or grantor. Expressions used in this paragraph and in sections 781 to 785 of that Act have the same meanings in this paragraph as in those sections.
the Mayor of London;
This section applies if the Scottish Ministers make or modify a scheme setting out how they propose to exercise their powers under section 8 for the purpose of securing the provision, improvement or development of—
services for the carriage of goods by railway; or
facilities for or in connection with—
the carriage of goods by railway; or
the loading or unloading of goods carried or intended to be carried by railway.
This section also applies if the Scottish Ministers make or modify a determination of the criteria that they will apply in exercising their functions under such a scheme.
The Scottish Ministers must send a copy of the scheme or determination, or (as the case may be) of the scheme or determination as modified, to the Secretary of State.
In this section—
in relation to a proposal relating to one or more services each of which is— a Scotland-only service, or a cross-border service in relation to which no funding is provided by a railway funding authority other than the Scottish Ministers, means those Ministers; ...
In section 7 of the 1993 Act— In subsection (9) of that section, for “subsections (6) and (6A)” substitute “subsection (6)”.
In section 23 of the 1993 Act (passenger services to be subject to franchise agreements), in subsections (1) and (2), for “Authority”, wherever occurring, substitute “appropriate designating authority”. After subsection (2) of that section insert— Subsection (2B) of that section (publication of designations etc.) shall cease to have effect. In subsection (3) of that section— Every designation made by the Strategic Rail Authority under section 23 of the 1993 Act which is in force immediately before the commencement of sub-paragraph (1) shall have effect after the commencement of that sub-paragraph as a designation in accordance with that section—
The following provisions of the 1993 Act (which relate to applications by the SRA for railway administration orders and to notices to the SRA about insolvency proceedings against protected railway companies) shall cease to have effect— Where a railway administration order is in force immediately before the commencement of this paragraph in relation to a company, things done by or in relation to the Strategic Rail Authority for the purposes of or in connection with that order and by virtue of — are to have effect, so far as necessary for giving them continuing validity and effect, as if done by the appropriate national authority (within the meaning of Part 1 of the 1993 Act).
In section 73 of the 1993 Act (register maintained by the SRA), for “Authority”, wherever occurring, substitute “Secretary of State”. In subsection (1) of that section, for “it” substitute “he”. In subsection (2) of that section— For subsection (3) of that section substitute— In subsection (4) of that section, for the words from “or” to “Authority” substitute “he may decide”. Subsections (5) and (6) of that section shall cease to have effect. In subsection (7) of that section—
In section 130 of the 1993 Act—
for paragraph (p) of subsection (2) (power to allow Secretary of State or SRA to prohibit the charging of penalty fares by person suspected of contraventions) substitute—;
subsections (5), (6) and (10) (functions conferred on the SRA by penalty fare regulations) shall cease to have effect.
Section 7A of the 1993 Act (consumer protection conditions) shall cease to have effect.
Section 24 of the 1993 Act (franchise exemptions granted by the Secretary of State) is amended as follows. In subsections (1) to (5) and (9), for “Secretary of State”, wherever occurring, substitute “appropriate designating authority”. In subsection (3)(a) and (b), for “he” in each place substitute “the appropriate designating authority”. After subsection (3) insert— In subsection (4), for “he”, in both places, substitute “it”. In subsection (6), for “is not complied with, the Secretary of State” substitute “granted by the appropriate designating authority is not complied with, it”. In subsection (9), for “him”, in each place, substitute “it”. After subsection (12) insert—
After that section insert—
In section 8 of the 1993 Act (licences), in subsection (1)— In subsection (2) of that section, paragraph (a) shall cease to have effect. In subsection (6) of that section (consent required for surrender of licence), for “and the Authority consent” substitute “consents”. In subsection (7) of that section— In subsection (8) of that section, omit “and the Authority”.
Section 26 of the 1993 Act (invitation to tender for franchises) is amended as follows. In subsection (1), for the words from the beginning to “Authority” substitute “The appropriate franchising authority may select the person who is to be the franchisee in relation to a franchise agreement”. In subsections (2) and (3), for “Authority”, wherever occurring, substitute “appropriate franchising authority”. Subsection (4) shall cease to have effect. For subsections (5) to (10) (statement by the Secretary of State about his power to give directions) substitute— The fact that a statement of policy has not been published by any person under section 26(4A) of the 1993 Act does not affect the validity of any selection made as mentioned in section 26(1) of that Act.
In section 11 of the 1993 Act (assignment of licences)—
in subsection (2)(b), omit “and the Authority”;
in subsection (4), omit “or persons”.
For sections 26A, 26B and 26C of the 1993 Act (directions of the Secretary of State where no tenders or tenders appear unsatisfactory) substitute—
In section 12 of the 1993 Act, subsections (1A) to (1C) (modification of consumer protection conditions) shall cease to have effect. In subsection (2) of that section, for “of any conditions of a licence which do not relate to consumer protection” substitute “under this section”.
In section 27 of the 1993 Act (transfer of franchise assets or shares), for “Authority”, wherever occurring, substitute “appropriate franchising authority”. In subsection (8) and (9) of that section, for “Schedule 21 to the Transport Act 2000” substitute “section 12 of the Railways Act 2005”.
In section 13 of the 1993 Act (modification references to Competition Commission)—
for “the appropriate authority”, wherever occurring, substitute “the Office of Rail Regulation”; and
subsections (1A) to (1C) shall cease to have effect.
In section 28 of the 1993 Act (fares and approved discount fare schemes), in subsection (2), for “Authority”, substitute “appropriate franchising authority”. In subsection (4)— Discount fare schemes which immediately before the commencement of this paragraph are approved for the purposes of section 28 of the 1993 Act are to be treated after the commencement of this paragraph as approved for the purposes of that section by the appropriate franchising authority.
In section 13A of the 1993 Act (time limits under section 13), for “the appropriate authority”, wherever occurring, substitute “the Office of Rail Regulation”.
In section 29 of the 1993 Act (other terms and conditions of franchise agreements), for “Authority”, wherever occurring, substitute “appropriate franchising authority”.
In section 14 of the 1993 Act (reports on modification references)—
for “the appropriate authority”, wherever occurring, substitute “the Office of Rail Regulation”; and
subsection (5A) shall cease to have effect.
In section 15 of the 1993 Act (modification following report)—
subsections (1B) and (3A) (reports to the SRA) shall cease to have effect;
in subsections (2), (4A), (4B), (4C) and (4D), omit “or Authority”, wherever occurring; and
in subsection (4), omit “or (3A)” and “or the Authority”.
This paragraph applies to things done under or for the purposes of any provision of sections 13 to 15C of the 1993 Act (modification of licences) so far as they were done before the commencement of this paragraph by or in relation to the Strategic Rail Authority as the appropriate authority. In relation to times after the commencement of this paragraph, those things shall have effect, so far as necessary for giving them continuing validity or effect, as if done by or in relation to the Office of Rail Regulation.
section 26(9), 27(7) or 28(6) or (7) of this Act (networks);
Before— the Secretary of State must consult the Welsh Ministers.
issuing an invitation to tender for a franchise agreement in a case in which the services to be provided under the agreement are or include Welsh services, or
entering into a franchise agreement in respect of services that are or include Welsh services in a case in which no such invitation has been issued,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of being a party to a franchise agreement the Welsh Ministers shall have power to provide, or to agree to provide, financial assistance to the franchisee—
for the purpose of securing the provision, improvement or development of any Welsh services to which the agreement relates; or
for any other purpose relating to the provision of those services.
The Welsh Ministers shall also have power, where they do so wholly or primarily for Welsh purposes, to provide, or to agree to provide, financial assistance to persons otherwise than under franchise agreements—
for the purpose of securing the provision, improvement or development of railway services or railway assets; or
for any other purpose relating to a railway or to railway services.
In subsection (4) “Welsh purposes” means any of the following—
any purposes connected with a Welsh service or proposed Welsh service;
the provision, improvement or development of services for the carriage of goods by railway where the services are to be or are provided wholly or partly in Wales;
the provision, improvement or development of facilities for use for or in connection with—
the carriage of goods by railway using services that are to be or are provided wholly or partly in Wales; or
the loading or unloading of goods so carried or intended to be so carried.
The Welsh Ministers may make payments to the Secretary of State or the Scottish Ministers in respect of the performance of his or their duty under section 30 of the 1993 Act (provision of services by operator of last resort) in relation to a Welsh service.
For the purposes of this section the provision of financial assistance includes each of the following—
the making of grants or loans;
the giving of guarantees; and
investments in bodies corporate.
Agreements and other arrangements entered into by the Welsh Ministers under subsection (3) or (4) may be entered into on whatever terms, and subject to whatever conditions, the Welsh Ministers consider appropriate.
In exercising their powers under this section for any purpose mentioned in subsection (1) of section 7, the Welsh Ministers must have regard to the desirability of acting consistently with anything notified to them under that section.
The power of the Welsh Ministers under subsection (4) may be exercised by their entering into an agreement or other arrangement with a relevant person in respect of services provided under a franchise agreement only where the agreement or other arrangement is entered into in accordance with that franchise agreement.
For the purposes of subsection (10) a person is a relevant person in relation to a franchise agreement if he is—
the franchise operator;
the franchisee; or
an employee, agent or independent contractor of the franchise operator or of the franchisee.
In this section—
“contravention” includes a failure to comply and cognate expressions are to be construed accordingly;
A scheme may set out the property, rights and liabilities to be transferred in one or more of the following ways— A scheme comes into force on the date appointed by the scheme.
A scheme may contain provision for imposing on a transferee or a transferor an obligation— as may be specified or described in the scheme. An obligation imposed on a person by virtue of sub-paragraph (1) shall be enforceable by the relevant person in civil proceedings— The relevant person for the purposes of sub-paragraph (2) is the person with, or in favour of whom, the agreement or instrument is to be entered into or executed.
A scheme may— In particular, a scheme may make provision, in relation to transfers in accordance with the scheme— Sub-paragraph (2)(c) does not apply to references in an enactment or in subordinate legislation. In this paragraph references to a transfer in accordance with a scheme include references to the creation of an interest, right or liability in accordance with a scheme.
Where— the third party shall be entitled to compensation in respect of the extinguishment of his entitlement. The amount of compensation to which a third party is entitled under this paragraph is the amount necessary for securing, to the extent that it is just to do so, that he does not suffer financial loss from the extinguishment of his entitlement. A liability to pay compensation under this paragraph shall fall on the Secretary of State. In the preceding provisions of this paragraph “third party”, in relation to a scheme, means a person other than the transferor and the transferee. This paragraph shall have effect in relation to— as it has effect in relation to the scheme but as if, in the case of an agreement under paragraph 8, only persons who are not parties to the agreement were third parties.
In section 11 of the 1974 Act (which confers functions on the HSC for general purposes that are equivalent to those conferred on the ORR for railway safety purposes by paragraph 2)— The subsection to be inserted is—
The RPC must give the Secretary of State information, advice and assistance about any matter in respect of which it has any functions if—
the RPC considers it appropriate to do so; or
the Secretary of State asks the RPC to do so in connection with the carrying out of any function of his.
In section 9(3)(f) (conditions requiring the provision of information), after “this Part” insert “or Part 4 of the Railways Act 2005”.
In section 50(1) (exclusion of liability for breach of statutory duty), for “Authority,” substitute “Secretary of State and of the Scottish Ministers, so far as”.
This section applies if the Welsh Ministers make or modify a scheme setting out how they propose to exercise their powers under section 10 for the purpose of securing the provision, improvement or development of—
services for the carriage of goods by railway; or
facilities for or in connection with—
the carriage of goods by railway; or
the loading or unloading of goods carried or intended to be carried by railway.
This section also applies if the Welsh Ministers make or modify a determination of the criteria that they will apply in exercising their functions under such a scheme.
The Welsh Ministers must send a copy of the scheme or determination, or (as the case may be) of the scheme or determination as modified, to the Secretary of State.
In this section—
This section applies where a franchise agreement is or has been in force.
The appropriate national authority may make a scheme for the transfer, at or after the end of the franchise period, of relevant franchise assets from the franchise company to a person specified in subsection (3), or to two or more of those persons.
Those persons are—
the Secretary of State;
the Scottish Ministers;
the Welsh Ministers;
a company which is wholly owned by the Secretary of State, the Welsh Ministers or the Scottish Ministers;
a company which is jointly owned by the Secretary of State and the Scottish Ministers; ...
a franchise company.
a company which is jointly owned by the Secretary of State and the Welsh Ministers; and
Before making a scheme under this section, the appropriate national authority must consult every person to whom relevant franchise assets would be transferred under the proposed scheme.
On the day on which a scheme made under this section comes into force— such sums as may be specified in, or determined in accordance with, the franchise agreement.
the transferee or transferees must pay to the transferor, or
the transferor must pay to the transferee or transferees,
Subsection (5) is subject to any other agreement between the transferor and the transferee or transferees.
Schedule 2 (which contains supplemental provisions about transfer schemes) has effect in relation to schemes under this section.
In this section—
“railway funding authority” means—
Schedule 4A to the 1993 Act (review of access charges by ORR) is amended as follows.
Before giving a review notice specifying modifications of a linked licence that are proposed for purposes connected with securing— that Office must consult the Secretary of State or (as the case may be) those Ministers. In sub-paragraph (4) of that paragraph, before paragraph (a) insert—.
A reference to the Competition Commission under this paragraph must be accompanied by— In sub-paragraph (7) of that paragraph, after the words “Competition Commission”, in the second place where they occur, insert “(in addition to the information and revisions mentioned in sub-paragraph (6A))”. In sub-paragraph (8) of that paragraph, for “sub-paragraph” substitute “sub-paragraphs (6A) and”. In sub-paragraph (9) of that paragraph (matters to be taken into account in assessing public interest), at the end insert “and to the information, suggestions and revisions mentioned in sub-paragraph (6A)”.
In sub-paragraph (3) of paragraph 15 (information to be provided to Competition Commission for purpose of their functions under paragraphs 13 and 14), after the words “Competition Commission”, in the second place where they occur, insert “(in addition to the information provided in accordance with paragraph 12(5) and (6))”. In sub-paragraph (4) of that paragraph, for “any information” substitute—.
Before— the Secretary of State must consult the Executive for that area.
issuing an invitation to tender for a franchise agreement in a case in which the services to be provided under the agreement are or include services in which a Passenger Transport Executive for an area in England have an interest, or
entering into a franchise agreement in respect of such services in a case in which no such invitation has been issued,
For the purposes of subsection (1) the services in which a Passenger Transport Executive have an interest are—
services for the carriage of passengers by railway within the integrated transport area of that Executive; and
services which are not such services but are services for the carriage of passengers by railway to or from such an area.
A Passenger Transport Executive for an integrated transport area in England and the Secretary of State may enter into arrangements under which one or both of the following occurs—
sums become due from the Executive to the Secretary of State in respect of services for the carriage of passengers by railway within that area or in respect of station services or bus substitution services provided within that area; and
the Secretary of State undertakes to exercise or perform his powers and duties in relation to or in connection with such services in a particular way.
A Passenger Transport Executive for an integrated transport area in England may enter into agreements for purposes relating to or connected with the provision, by a person who is a franchisee or franchise operator in relation to a franchise agreement, of—
services for the carriage of passengers by railway within that area; and
station services provided for purposes connected with any such services.
A Passenger Transport Executive for an integrated transport area in England may not enter into an agreement (whether by virtue of subsection (4) or otherwise)— unless the agreement is approved by the Secretary of State.
with a person who is a franchisee or franchise operator in relation to a franchise agreement, or
with a person who is proposing to become such a franchisee or franchise operator,
The Secretary of State may—
give a general approval for the purposes of subsection (5) in relation to a description of agreements, as well as specific approvals for particular agreements; and
withdraw his approval in relation to any agreement at any time before the agreement is entered into.
The agreements to which a Passenger Transport Executive for an integrated transport area in England may become a party with the approval of the Secretary of State include franchise agreements under which services are provided which are or include services for the carriage of passengers by railway within that area.
The Secretary of State and the Passenger Transport Executive for an integrated transport area in England must each provide to the other any information which—
the other reasonably requires for purposes connected with his or their functions in relation to railways or railway services; and
is information which it would have been lawful for him or (as the case may be) them to disclose apart from this subsection.
In this section— and in this subsection “the permitted distance” , in relation to an integrated transport area, means the distance of 25 miles from the nearest point on the boundary of that area.
a reference to a service for the carriage of passengers by railway within an integrated transport area is a reference to a service for the carriage of passengers by railway between places in that area or between places in that area and places outside it which are within the permitted distance;
a reference to station services provided within such an area is a reference to station services provided in connection with any such service for the carriage of passengers by railway; and
a reference to a bus substitution service provided within such an area is a reference to a bus substitution service for the carriage of passengers between places in that area or between places in that area and places outside it which are within the permitted distance;
The following provisions shall cease to have effect—
in section 10(1) of the Transport Act 1968, paragraphs (vi) and (viza) (powers to enter into agreements with the SRA);
section 20(2)(b) and (3) of that Act (duty of PTE to enter into agreements to secure the provision of railway passenger services and to provide information for that purpose); and
sections 34 and 35 of the 1993 Act (role of PTAs and PTEs in relation to franchising and the termination and variation of agreements under section 20(2) of the 1968 Act).
Subject to subsection (3), a Passenger Transport Executive who are a party to a franchise agreement immediately before the commencement of subsection (1) may continue to be a party to that agreement after that time, notwithstanding anything in subsection (1) of this section or in section 13.
Where a Passenger Transport Executive are a party to a franchise agreement immediately before the commencement of subsection (1) of this section—
subsection (2) of this section and section 13(4) and (7) are to be disregarded for the purpose of giving effect to any provision of the agreement by virtue of which a person may cause the Executive to cease to be a party to it; and
the Executive must comply with all such directions as may be given to them by the Secretary of State to take steps for the purpose of ceasing to be a party to the agreement.
The provisions of this section and the repeals made by this Act do not affect the application of the following provisions in relation to a franchise agreement into which a Passenger Transport Executive entered before the commencement of subsection (1) of this section, that is to say—
subsection (17) of section 34 of the 1993 Act (disputes); and
any other enactment so far as it has effect for the purposes of or in relation to that subsection of that section.
In the operation of any enactment by virtue of subsection (4) of this section references in that enactment to the Strategic Rail Authority are to have effect as references to the Secretary of State.
Section 175 of the Greater London Authority Act 1999 (c. 29) (duty of Transport for London and the SRA to cooperate) is amended as follows.
In subsection (1) (duty of co-operation)—
for “Strategic Rail Authority”, where first occurring, substitute “ Secretary of State ”; and
omit the words after paragraph (b) (which relate to the exchange of information).
After that subsection insert—
In subsection (2) (power of Transport for London and SRA to enter into arrangements as to how they will exercise and perform their functions), for “Strategic Rail Authority” substitute “ Secretary of State ”.
After that subsection insert—
In subsection (3) (references to functions of the SRA), for “Strategic Rail Authority”, “its” and “it” substitute, respectively, “ Secretary of State ”, “ his ” and “ him ”.
After that subsection insert—
Section 201 of the Greater London Authority Act 1999 (c. 29) (restriction on Transport for London entering into agreements that involve the holding of a licence under the 1993 Act) shall cease to have effect.
Transport for London may not enter into an agreement— unless the agreement is approved by the Secretary of State.
with a person who is a franchisee or franchise operator in relation to a franchise agreement, or
with a person who is proposing to become such a franchisee or franchise operator,
An agreement that relates exclusively to the grant of permission by a facility owner for a person to use a railway facility of his does not require the approval of the Secretary of State under subsection (2) in any case in which Transport for London or a subsidiary of its is the facility owner or the person granted permission.
The Secretary of State may—
give a general approval for the purposes of subsection (2) in relation to a description of agreements, as well as specific approvals for particular agreements; and
withdraw his approval in relation to any agreement at any time before the agreement is entered into.
The agreements to which Transport for London may become a party with the approval of the Secretary of State include franchise agreements under which services are provided which are or include services for the carriage of passengers by railway between places in Greater London.
In this section “subsidiary” has the meaning given to it by section 1159 of the Companies Act 2006.
Paragraph 2 of Schedule 10 to the Greater London Authority Act 1999 (c. 29) (membership of Transport for London) is amended as follows.
In sub-paragraph (1) (which imposes a maximum of fifteen on the number of members appointed by the Mayor), for “fifteen” substitute “ seventeen ”.
In sub-paragraph (2) (which imposes a maximum of fourteen on the number so appointed where the Mayor is himself a member), for “fourteen” substitute “ sixteen ”.
After sub-paragraph (2) insert—
After sub-paragraph (3) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“railway passenger service” has the same meaning as in Part 1 of the Railways Act 1993; and “regional planning body” and “region” have the same meanings as in Part 1 of the Planning and Compulsory Purchase Act 2004.
It shall be the duty of the Mayor of London, within the period of six months beginning with the commencement of subsection (4)—
to review the existing membership of Transport for London; and
to decide whether it is necessary for the purposes of the sub-paragraph inserted by that subsection for him to exercise any of his powers under paragraph 2 of Schedule 10 to the Greater London Authority Act 1999.
Before making that decision the Mayor must consult the same regional planning bodies (within the meaning of that paragraph) as he is required to consult before making an appointment for the purposes of that sub-paragraph.
In subsection (3) of section 30 of the 1993 Act (restrictions on duty to provide service as provider of last resort) after paragraph (a) insert—.
“previous franchisee”, in relation to a railway passenger service, means the franchisee in relation to the franchise agreement under which the service was previously provided; and “Welsh service” has the same meaning as in the Railways Act 2005; and references in this section to a Passenger Transport Executive and to a service within the area of a Passenger Transport Executive are to be construed as they are to be construed for the purposes of section 13 of that Act.
There shall be a body corporate to be known as the Passengers’ Council.
That Council shall consist of—
a chairman appointed by the Secretary of State;
a member appointed by the Scottish Ministers;
a member appointed by the Welsh Ministers;
a member appointed by the London Assembly from the members of the London Transport Users' Committee; and
not more than fourteen other members appointed by the Secretary of State after consultation with the chairman.
The chairman and other members of that Council—
shall each hold and vacate office in accordance with the terms and conditions of his appointment; and
on ceasing to hold office, shall be eligible for re-appointment.
The consent of the Secretary of State is required for the terms and conditions of an appointment under subsection (2)(b) or (c).
The London Assembly must consult the Secretary of State before fixing the terms and conditions of an appointment under subsection (2)(d).
On the day appointed for the commencement of this subsection the council known as the Passengers’ Council that was established by section 3(2) of the 1993 Act shall cease to exist.
References in enactments, instruments and other documents to the Passengers’ Council established by section 3(2) of the 1993 Act shall have effect from the commencement of this subsection as references to the Council established by subsection (1).
If the Secretary of State considers it appropriate to do so in connection with or in anticipation of the establishment of the Passengers’ Council by subsection (1), he may terminate the appointment of any person as chairman or member of the Council established by section 3(2) of the 1993 Act.
If a person's appointment is terminated under subsection (8) before his term of office would have expired apart from this Act, the Secretary of State may, if he thinks it appropriate to do so, pay that person such sum by way of compensation as the Secretary of State determines.
Schedule 5 (which makes provision about the Council established by subsection (1)) has effect.
After section 76 of the 1993 Act (functions of Rail Passengers' Council)—
The Secretary of State may by order make provision conferring functions on the Passengers’ Council relating to—
prescribed local services, or local services of a prescribed description, so far as operating in England;
prescribed domestic coach services, or domestic coach services of a prescribed description, so far as operating in England;
prescribed tramway passenger services, or tramway passenger services of a prescribed description, so far as operating in England;
prescribed passenger transport facilities in England, or passenger transport facilities in England that are of a prescribed description.
The power conferred by subsection (1) includes power to amend any enactment (including this Act) for the purposes of making such provision.
An order under this section may make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, such an order, or for giving full effect to such an order.
The provision which may be included by virtue of subsection (3) in an order includes—
provision for the body established by section 19 to be known by a different name;
provision altering the number of persons that may be appointed as members of that body by the Secretary of State under section 19(1)(e);
provision amending, repealing or revoking any provision of this Act or any other enactment, whenever passed or made.
In a case where an order under this section confers on the Passengers’ Council power to make recommendations or representations to a body or person, the provision which may be included by virtue of subsection (3) in the order also includes provision conferring on the body or person functions in respect of such recommendations or representations.
An order under this section may confer a function on a body or person by virtue of subsection (5) only if the new function relates to—
services of a kind mentioned in paragraphs (a) to (c) of subsection (1), so far as operating in England, or
passenger transport facilities in England.
Nothing in this section provides power to alter the functions of the Passengers’ Council so far as relating to the provision of railway passenger services or station services.
An order under this section is subject to the affirmative resolution procedure.
In this section—
On the day appointed for the commencement of this subsection the Rail Passengers' Committees established under section 2(2) of the 1993 Act shall cease to exist.
In section 68(2) of the 1993 Act (power of ORR to require Rail Passengers' Committee to investigate a matter), for “a Rail Passengers' Committee” substitute “ the Rail Passengers' Council ”.
Schedule 6 (which provides for the London Transport Users' Committee to continue to have functions it previously had by virtue of being treated as a Rail Passengers' Committee) has effect.
If the Secretary of State considers it appropriate to do so in connection with or in anticipation of the abolition of a Rail Passengers' Committee, he may terminate the appointment of any person as chairman or member of the Committee.
If a person's appointment is terminated under subsection (4) before his term of office would have expired apart from this Act, the Secretary of State may, if he thinks it appropriate to do so, pay that person such sum by way of compensation as the Secretary of State determines.
This section applies where—
all the relevant railway passenger services on a particular line or from a particular station are provided otherwise than in satisfaction of requirements imposed by a franchise agreement;
a proposal for the discontinuance of all the relevant railway passenger services provided on that line, or from that station, is made by the person providing them (“the service operator”); and
the proposal is not a proposal for a minor modification.
The references in subsection (1) to relevant railway passenger services are references to railway passenger services that are not—
secured services;
experimental passenger services;
services involving travel through the Channel Tunnel;
services that are provided otherwise than as regular scheduled services for the line or station in question; or
services excluded from the application of this section by an order under section 38.
The service operator must give notice to the national authority setting out—
particulars of the proposal to discontinue those services; and
a summary of the results of the assessment carried out in accordance with subsection (5).
The particulars set out in the notice must include, in particular— and the proposal date must be a date not less than three months after the date of the notice.
the services to which the proposal relates; and
the proposal date;
Before giving the notice under subsection (3), the service operator must carry out an assessment of whether the proposal satisfies the criteria set out in the relevant part of the closures guidance; and that assessment must be carried out in accordance with that guidance.
The national authority to which a notice is given under subsection (3) must—
consider whether the closure in question should be allowed; and
before the proposal date, form an opinion on that matter in accordance with the criteria set out in the relevant part of the closures guidance.
If the national authority forms the opinion that the closure should be allowed, it must—
carry out a consultation under Schedule 7 about the proposal; and
after carrying out that consultation, either notify the service operator that it has changed its opinion or refer the proposal (with or without modifications) to the Office of Rail and Road.
The service operator must not discontinue the services in question before the end of the interim period.
If— the national authority must secure the provision of the services to which proposal relates after the end of the interim period.
the national authority forms the opinion under subsection (6)(b) that the closure should not be allowed,
the national authority changes its opinion following the consultation under subsection (7)(a), or
on a reference to the Office of Rail and Road under subsection (7)(b), that Office issues a closure non-ratification notice,
The duty imposed by subsection (9) in relation to any services ceases if the services begin to be provided under a franchise agreement.
In this section “the national authority”—
in relation to a proposal relating to services all of which are Scotland-only services, means the Scottish Ministers; ...
in any other case, means the Secretary of State.
in relation to a proposal relating to services all of which are Wales-only services, means the Welsh Ministers; and
This section applies where—
all the relevant railway passenger services on a particular line or from a particular station are provided otherwise than in satisfaction of requirements imposed by a franchise agreement;
a proposal for the discontinuance of all the relevant railway passenger services provided on that line, or from that station, is made, in accordance with section 41, by a railway funding authority; and
the proposal is not a proposal for a minor modification.
The references in subsection (1) to relevant railway passenger services are references to railway passenger services that are not—
secured services;
experimental passenger services;
services involving travel through the Channel Tunnel;
services that are provided otherwise than as regular scheduled services for the line or station in question; or
services excluded from the application of this section by an order under section 38.
The railway funding authority making the proposal must—
give notice of its proposal to the national authority, if it is not itself that authority;
carry out a consultation under Schedule 7 about the proposal; and
after carrying out that consultation, either withdraw the proposal or refer the proposal (with or without modifications) to the Office of Rail and Road.
A notice to the national authority under subsection (3)(a) must set out—
particulars of the proposal for the closure including, in particular—
the services to which the proposal relates; and
the proposal date; and
a summary of the results of the assessment carried out in accordance with subsection (5).
Before— the railway funding authority making the proposal must carry out an assessment of whether the proposal satisfies the criteria set out in the relevant part of the closures guidance; and that assessment must be carried out in accordance with that guidance.
giving a notice under subsection (3)(a), in a case where it is not itself the national authority, or
in any other case, carrying out the consultation under subsection (3)(b),
If arrangements under or in accordance with which the services are being provided do not require the services to be provided until the end of the interim period, the national authority must secure the provision of the services until the end of that period.
If on a reference under subsection (3)(c) the Office of Rail and Road issues a closure non-ratification notice, the national authority must secure the provision of the services to which the proposal relates after the end of the interim period.
The duty imposed by subsection (7) in relation to any services ceases if the services begin to be provided under a franchise agreement.
In this section “the national authority”—
in relation to a proposal relating to services all of which are Scotland-only services, means the Scottish Ministers; ...
in any other case, means the Secretary of State.
in relation to a proposal relating to services all of which are Wales-only services, means the Welsh Ministers; and
This section applies where—
all the relevant railway passenger services on a particular line or from a particular station fall within subsection (2);
a proposal for the discontinuance of all the relevant railway passenger services provided on that line, or from that station, is made, in accordance with section 41, by a railway funding authority; and
the proposal is not a proposal for a minor modification.
A service falls within this subsection if it is—
a franchised service; or
a secured service.
The references in subsection (1) to relevant railway passenger services are references to railway passenger services that are not—
experimental passenger services;
services involving travel through the Channel Tunnel;
services that are provided otherwise than as regular scheduled services for the line or station in question; or
services excluded from the application of this section by an order under section 38.
The railway funding authority making the proposal must—
give notice of its proposal to the national authority, if it is not itself that authority;
carry out a consultation under Schedule 7 about the proposal; and
after carrying out that consultation, either withdraw the proposal or refer the proposal (with or without modifications) to the Office of Rail and Road.
A notice to the national authority under subsection (4)(a) must set out—
particulars of the proposal for the closure including, in particular—
the services to which the proposal relates; and
the proposal date; and
a summary of the results of the assessment carried out in accordance with subsection (6).
Before— the railway funding authority making the proposal must carry out an assessment of whether the proposal satisfies the criteria set out in the relevant part of the closures guidance; and that assessment must be carried out in accordance with that guidance.
giving a notice under subsection (4)(a), in a case where it is not itself the national authority, or
in any other case, carrying out the consultation under subsection (4)(b),
If the franchise agreement or any other arrangement under or in accordance with which the services are being provided does not require the services to be provided until the end of the interim period, the national authority must secure the provision of the services until the end of that period.
If on a reference under subsection (4)(c) the Office of Rail and Road issues a closure non-ratification notice, the national authority must secure the provision of the services to which the proposal relates after the end of the interim period.
The duty of the national authority under subsection (8)—
is discharged without its taking further steps so long as the provisions of the franchise agreement or other arrangements, in force at the time of the proposal, so far as they require the provision of the services, continue in force without modification; and
ceases if the services begin to be provided under a franchise agreement.
Nothing in subsection (7) or (8) requires the Secretary of State to secure the provision of a Welsh service unless it appears to him that he will be receiving funds from the Welsh Ministers that are reasonably equivalent to those provided by the Welsh Ministers in respect of the service previously provided.
In this section “the national authority”—
in relation to a proposal relating to services all of which are— means the Scottish Ministers; ...
Scotland-only services, or
relevant cross-border services,
in any other case, means the Secretary of State.
in relation to a proposal relating to services all of which are Wales-only services, means the Welsh Ministers; and
For the purposes of subsection (11), a cross-border service is a “relevant cross-border service” if it—
does not begin or end or otherwise make a scheduled call in Wales; and
is a service in respect of which more funding is provided by the Scottish Ministers than the Secretary of State.
Where a proposal for the discontinuance of all the excluded services provided by a particular person (“the service operator”) on a particular line, or from a particular station, is made by the service operator—
the following provisions of this section apply to so much of the proposal as relates to special procedure excluded services which are not excluded London services; and
Schedule 8 applies to so much of it as relates to special procedure excluded services which are excluded London services.
The service operator must give notice to the national authority setting out—
particulars of the proposal to discontinue the services; and
a summary of the results of the assessment carried out in accordance with subsection (4).
The particulars set out in the notice must include, in particular— and the proposal date must be a date not less than three months after the date of the notice.
the services to which the proposal relates; and
the proposal date;
Before giving the notice under subsection (2), the service operator must carry out an assessment of whether the proposal satisfies the criteria set out in the relevant part of the closures guidance; and that assessment must be carried out in accordance with that guidance.
The national authority to which a notice is given under subsection (2) must—
consider whether the closure in question should be allowed; and
before the proposal date, form an opinion on that matter in accordance with the criteria set out in the relevant part of the closures guidance.
If the national authority is of the opinion that the closure should be allowed, it must— and the service operator must not discontinue the services in question before the Office of Rail and Road has issued a closure ratification notice.
carry out a consultation under Schedule 7 about the proposal; and
after carrying out that consultation, either notify the service operator that it has changed its opinion or refer the proposal (with or without modifications) to the Office of Rail and Road;
In this section—
the Welsh Ministers;
The property, rights and liabilities that may be transferred by a scheme include— The transfers to which effect may be given by a scheme include transfers that are to take effect in accordance with the scheme as if there were— as there would be, in the case of a transaction apart from this Act, by reason of a provision falling within sub-paragraph (3). A provision falls within this sub-paragraph to the extent that it has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled or subject to anything to which the transfer relates. Sub-paragraph (5) applies where (apart from that sub-paragraph) a person would be entitled, in consequence of anything done or likely to be done by or under this Act in connection with a scheme under section 1(2)— That entitlement shall be enforceable in relation to the interest or right— to the extent only that the scheme provides for it to be so enforceable. Sub-paragraphs (2) to (5) have effect where shares in a subsidiary of the transferor are or are to be transferred—
Where a scheme provides for the transfer of property, rights or liabilities, or for the creation of interests, rights or liabilities— Sub-paragraph (1) is subject to so much of a scheme as provides for— to be effected by or under an agreement or instrument entered into or executed in pursuance of an obligation imposed by virtue of paragraph 4(1). In its application to Scotland, sub-paragraph (1) has effect with the omission of the words “without further assurance”.
Where the transferor and transferee under a scheme that has come into force so agree, the scheme shall be treated for all purposes as having come into force with such modifications as may be agreed. An agreement under this paragraph which relates to rights and liabilities under a contract of employment may be entered into only if the employee is a party to the agreement. An agreement under this paragraph that adversely affects the property or rights of a person other than the transferor, the transferee or such an employee may be entered into only if that person is a party to the agreement. The provision that may be included in an agreement under this paragraph includes—
A person who proposes to make a scheme (“the scheme authority”) may direct— to provide him with such information as he considers necessary to enable him to make the scheme. Such a direction must specify the period within which the information is to be provided. The period specified in the direction must be not less than 28 days beginning with the day of the giving of the direction. If a person fails to comply with such a direction, the scheme authority may serve a notice on him requiring him— Documents or information to be produced or provided in accordance with such a notice must be produced or provided at the time and place, and in the form and manner, specified in the notice. No person may be required under this paragraph— A person who intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under sub-paragraph (4) is guilty of an offence and liable— If a person fails to comply with a notice under sub-paragraph (4), the court may, on the application of the scheme authority, make such order as the court thinks fit for requiring the failure to be made good. Any order under sub-paragraph (8) may include provision requiring all the costs or expenses of and incidental to the application to be borne by one or more of the following— In this paragraph— In this paragraph “the court” means—
It shall be the general duty of the Office of Rail Regulation— It shall be the duty of the Office of Rail Regulation— It shall be the duty of the Office of Rail Regulation— Those persons are— It shall be the duty of the Office of Rail Regulation from time to time to submit such proposals as it considers appropriate for the making of regulations for the railway safety purposes to the authorities having power to make regulations for those purposes under any of the relevant statutory provisions. Before submitting proposals under sub-paragraph (5), the Office of Rail Regulation must consult— as it considers appropriate. Before— the authority having the power to make the regulations must consult the Office of Rail Regulation. In this paragraph “employer”, “employee” and “the relevant statutory provisions” have the same meanings as in Part 1 of the 1974 Act (see section 53(1) of that Act).
Subject to this paragraph and paragraph 16, the RPC may regulate its own procedure. Sub-paragraph (1) includes power to make provision about quorums. The RPC must meet when convened by the chairman. The chairman may convene a meeting of the RPC whenever he thinks fit. The chairman must— The RPC must secure— The validity of proceedings of the RPC is not to be affected by—
The application of the seal of the RPC shall be authenticated by the signature of a member or employee of the RPC whom it has authorised for the purpose (whether generally or specifically). Any document which the RPC is authorised or required by or under any enactment to serve, make or issue may be signed on its behalf by a member or employee whom it has authorised for the purpose (whether generally or specifically). Every document purporting— shall be received in evidence and, unless the contrary is shown, treated without further proof as so made or issued. In this paragraph the reference to a signature includes a reference to a facsimile of a signature produced by any process and “signed” is to be construed accordingly. In this paragraph “enactment” includes an enactment comprised in an Act of the Scottish Parliament.
In section 76 of the 1993 Act (duties of Rail Passengers' Council), after subsection (2) insert—
This Schedule applies, where a proposal for the discontinuance of all the excluded London services provided on a particular line, or from a particular station, is made by the person providing them (“the service operator”), to so much of the proposal as relates to excluded London services which are special procedure excluded services. In this Schedule “excluded London service” and “special procedure excluded service” have the same meanings as in section 25.
This paragraph applies where any objection is made under paragraph 3. The London Transport Users' Committee must immediately inform— about the objection. The service operator may give effect to the proposed closure only if the Mayor of London consents to it. As soon as possible after the end of the period for the making of objections to the London Transport Users' Committee, the Committee must— If the London Transport Users' Committee decides— the hearing must be in public. The report to the Mayor of London under this paragraph may contain proposals for alleviating any hardship to which it refers. After receiving that report the Mayor of London may require further reports from the London Transport Users' Committee relating to the proposed closure. The London Transport Users' Committee must send to the service operator a copy of every report or further report it makes under this paragraph.
Bye-laws may provide that a person contravening them is guilty of an offence and liable, on summary conviction, to a fine not exceeding—
level 3 on the standard scale; or
such lower amount as is specified in the bye-laws.
The production of a printed copy of bye-laws which is indorsed with a certificate— is evidence of what is stated. Those matters are—
In this Part of this Schedule, “relevant transfer” means a transfer in accordance with a scheme made under section 1(2) to a person other than a national authority.
This paragraph applies where a person (“the predecessor”) is carrying on a trade and, in consequence of a scheme made under section 1(2)— For the purposes of the allowances and charges provided for by the 2001 Act, the trade is not to be treated as permanently discontinued, nor a new trade as set up; but sub-paragraphs (3) and (4) of this paragraph are to apply. There are to be made to or on the successor, in accordance with the 2001 Act, all such allowances and charges as would, if the predecessor had continued to carry on the trade, have fallen to be made to or on the predecessor. The amounts of those allowances and charges are to be computed as if— but so that transfers in accordance with the scheme, so far as they relate to assets in use for the purposes of the trade, shall not be treated as giving rise to an allowance or charge.
This paragraph applies for the purposes of Part 3 of the 2001 Act, and the other provisions of that Act which are relevant to that Part, to a relevant transfer of the relevant interest in an industrial building or structure. Section 573 of that Act is not to have effect in relation to that transfer.
For the purposes of the application of Chapter 2 of Part 4 of the Finance Act 1996 (c. 8) (loan relationships) in relation to a relevant transfer, the transferee and the transferor are to be treated as if, at the time of the transfer, they were members of the same group. In sub-paragraph (1), the reference to being members of the same group must be construed in accordance with paragraph 12(8) of Schedule 9 to that Act.
This paragraph applies to a relevant transfer if— For the purposes of the application of section 196 of that Act in relation to the transferor, the disposal value of the fixture is to be treated— For the purposes of this paragraph a sum received by a person connected with the transferor is to be treated as received by the transferor. This paragraph is subject to section 63(5) of the 2001 Act.
This paragraph applies if a company (“the degrouped company”)— Section 179 of the 1992 Act (company ceasing to be member of group) is not to treat the degrouped company as having by virtue of the transfer sold and immediately reacquired the asset. Where sub-paragraph (2) has applied to an asset, section 179 of the 1992 Act is to have effect on and after the first subsequent occasion on which the degrouped company ceases to be a member of a group of companies (“the new group”) otherwise than by virtue of a relevant transfer as if— had been members of the new group at the time of acquisition. If, disregarding any preparatory transactions, a company would be regarded for the purposes of section 179 of the 1992 Act (and, accordingly, of this paragraph) as ceasing to be a member of a group of companies by virtue of a relevant transfer, it is to be regarded for those purposes as so doing by virtue of the relevant transfer and not by virtue of any preparatory transactions. In this paragraph, “preparatory transactions” means anything done under or by virtue of the 1993 Act or this Act for the purpose of initiating, advancing or facilitating the relevant transfer in question. Expressions used in this paragraph and in section 179 of the 1992 Act have the same meanings in this paragraph as in that section.
No scheme made under section 1(2) or 12 is to be regarded as a scheme or arrangement for the purposes of section 30 of the 1992 Act.
“Welsh service” means a railway passenger service which starts in Wales, ends in Wales or otherwise makes at least one scheduled call in Wales.
If the Secretary of State so directs, the RPC must establish committees to advise it in relation to the carrying out of its functions in relation to particular areas. The members of a committee established under this paragraph are to be appointed by the RPC. The RPC may appoint such persons as it thinks fit and the membership of the committee may consist of or include persons who are not themselves members of the RPC. The RPC may regulate the procedure of a committee established under this paragraph. The RPC may reimburse a member of a committee established under this paragraph who is not a member of the RPC—
The person carrying out the consultation must publish a notice under this paragraph, in two successive weeks— The notice must set out— In the case of a consultation carried out about a proposal to which section 23, 24, 27, 28, 30 or 31 applies, the proposal date must be not less than six months after the notice is last published in a local newspaper for the purposes of sub-paragraph (1). The period specified under sub-paragraph (2)(e) must be a period ending no less than 12 weeks after the notice is last published in a local newspaper for the purposes of sub-paragraph (1).
This paragraph applies to a relevant transfer if— For the purposes of the application of section 196 of that Act in relation to the transferor, the disposal value of the fixture is to be treated— For the purposes of this paragraph a sum received by a person connected with the transferor is to be treated as received by the transferor. This paragraph is subject to section 63(5) of the 2001 Act.
For the purposes of Schedule 29 to the Finance Act 2002 (c. 23), a relevant transfer of a chargeable intangible asset of the transferor is to be treated as a tax-neutral transfer. Expressions used in this paragraph and in that Schedule have the same meanings in this paragraph as in that Schedule.
This paragraph applies to a relevant transfer of all the issued share capital of a company (the “transferred company”). For the purposes of sections 768 and 768D of the Taxes Act, the transfer is not to be taken to result in a change in the ownership of—
This paragraph applies where— For the purposes of the 2001 Act— The provision mentioned in sub-paragraph (1)(d) for the determination of an amount may include provision for a determination— The consent of the Treasury is required for the making or modification of a determination under the provision mentioned in sub-paragraph (1)(d). The consent of the transferee is required for the modification of a determination under the provision mentioned in sub-paragraph (1)(d). If there is a determination or a modification of a determination under the provision mentioned in sub-paragraph (1)(d), all necessary adjustments— Expressions used in this paragraph and in Part 2 of the 2001 Act have the same meanings in this paragraph as in that Part.
For the purposes of Schedule 29 to the Finance Act 2002 (c. 23)— Expressions used in this paragraph and in that Schedule have the same meanings in this paragraph as in that Schedule.
This paragraph applies for the purposes of section 781 of the Taxes Act (assets leased to traders and others) where— Section 783(4) of that Act is to be disregarded and the transfer or grant is to be treated as made without any capital sum having been obtained in respect of the interest or lease by the transferor or grantor. In the case of the transfer of an interest under a lease, payments made by the transferor under the lease before the transfer takes effect are to be treated as if they had been made under that lease by the transferee. Expressions used in this paragraph and in sections 781 to 785 of that Act have the same meanings in this paragraph as in those sections.
In section 63 (financial assistance for companies in railway administration), for subsection (1)(b) substitute— After subsection (2) of that section insert— After subsection (3) insert— After subsection (4) of that section insert—
In section 80(1) (duty of licence holders to provide information to the Secretary of State or the Scottish Ministers on request), for “or the Transport Act 2000” substitute “, the Transport Act 2000 or the Railways Act 2005 or any other function or activity of his, theirs or its in relation to railway services”.
In section 143 (powers to make statutory instruments)—
in subsection (1), for “under this Act to make orders” substitute “or the Scottish Ministers under this Act to make orders (except the power to make provisional or final orders under section 55)”;
in subsection (3), for “to make an order” substitute “or the Scottish Ministers to make an order (other than a provisional or final order under section 55)”; and
in subsection (4), for “under this Act to make an order” substitute “or the Scottish Ministers under this Act to make an order (other than a provisional or final order under section 55)”.
The Transport Act 1968 is amended as follows. In section 55 (transport consultative committees), for “Rail Passengers' Committees” substitute “London Transport Users' Committee”. In subsection (2A) of section 56 (financial assistance for capital expenditure incurred in connection with public passenger transport facilities), for the words from “the Strategic” to “franchising functions” substitute “a national authority under which the national authority undertakes to exercise any of its functions in relation to railways or railway services”. In subsection (2B) of that section—
The Rail Passengers' Council.
In section 6(1) of the Transport Act 1985 (local bus services), for the words from “with” onwards substitute “entered into, where a railway service has been temporarily interrupted, with the Secretary of State, the Scottish Ministers or the National Assembly for Wales under section 40 of the Railways Act 2005 (substitution services provided for interrupted or discontinued railway services)”.
The Railways Act 2005.
The Greater London Authority Act 1999 is amended as follows. In section 175 (co-operation between Transport for London and the Secretary of State)— In section 177(1)(b) and (2) (provision of extra passenger transport services and facilities), for “Strategic Rail Authority” substitute “Secretary of State”. In section 179(3) (London local bus services), for the words from “Strategic Rail Authority” to “railway service)” substitute “Secretary of State entered into under section 40 of the Railways Act 2005 (substitution services provided for interrupted or discontinued railway services)”. In section 235(2)(b) (exception to the restriction on disclosure of information for a disclosure made for the purpose of facilitating the carrying out of certain statutory functions)— In section 240(2) and (7) (arrangements with London authorities for travel concessions), for “Strategic Rail Authority”, wherever occurring, substitute “Secretary of State”. In section 247(2) (consultation with the SRA about appointments to the LTUC), for “Strategic Rail Authority” substitute “Secretary of State”. In section 250(2) (persons to whom LTUC annual report is to be made), for “Strategic Rail Authority” substitute “Secretary of State”. In paragraphs 9, 11 and 15 of Schedule 18 (consultation by LTUC with SRA and information provided to SRA by LTUC), for “Strategic Rail Authority”, in each place, substitute “Secretary of State”.
The 2000 Act is amended as follows. In section 137(4)(d) (required notice in connection with the making of a ticketing scheme), for “Strategic Rail Authority” substitute “Secretary of State”. In subsection (1) of section 228 (extension of functions of Rail Passengers' Council and Rail Passengers' Committees), for “Sections 76 and 77” substitute “Section 76” and for “are amended” substitute “is amended”. In subsection (1) of section 248 (substitute services to be suitable for disabled persons), for paragraph (b) substitute— In subsection (2) of that section, for “In doing so the person or Authority” substitute “In providing or securing the provision of the services, the person providing them, the Secretary of State, the Scottish Ministers or the National Assembly for Wales”. In subsection (3) of that section— In paragraph 3(3) of Schedule 9 (air traffic: information), after paragraph (rc) insert—. In Schedule 25 (transfer of BR’s property etc. to Secretary of State), after paragraph 12 insert— In paragraph 10 of Schedule 28 (transitional provision in relation to section 56 of the Transport Act 1962 (c. 46))—
is designated as a London service for the purposes of this section by an order made by the Secretary of State, or is of a description of services so designated;
“excluded service” means a railway passenger service other than one which is—
In sections 17 to 19 of the 1993 Act (access agreements) except in sections 17(4) and 19(7), for “the Authority”, wherever occurring, substitute “the Secretary of State”. In each of sections 17(4) and 19(7) (references to operating on behalf of SRA)— In section 18(6A)(b) of that Act, for “its” substitute “his”.
Section 55 of the 1993 Act (orders for securing compliance) is amended as follows. In subsections (1), (2) and (4), for “(5B)”, in each place, substitute “(5C)”. In subsection (5), omit “or, as the case may be, section 207 of the Transport Act 2000”. In subsection (5ZA)— After subsection (5B) insert— In subsection (6) (notice of decisions), for the words from the beginning to the end of paragraph (a) substitute—. such In subsection (10)—
In section 71B of the 1993 Act (code of practice for protection of disabled rail users), for “Authority”, in each place, substitute “Secretary of State”. The code of practice under section 71B of the 1993 Act that is in force immediately before the commencement of this paragraph is to have effect after the commencement of this paragraph as if prepared and published by the Secretary of State. The Strategic Rail Authority must provide the Secretary of State with particulars of any consultation under section 71B(2) of the 1993 Act which was undertaken before the commencement of this paragraph by that Authority in relation to future revisions of the code; and that consultation is to be treated for the purposes of any revision after the commencement of this paragraph as having been undertaken by the Secretary of State.
In section 80 of the 1993 Act (duty to provide information to the SRA on request), for “Authority”, wherever occurring, substitute “Secretary of State, the Scottish Ministers or the Office of Rail Regulation”. In subsection (1) of that section—
The following provisions of the 2000 Act shall cease to have effect—
section 213 (powers to provide railway services);
section 214 (substitute bus and taxi services); and
section 219 (power to make bye-laws).
Subject to sub-paragraph (4), in this Schedule “railway safety purposes” means so much of the general purposes of Part 1 of the 1974 Act (within the meaning of section 1 of that Act) as— The purposes mentioned in sub-paragraph (1) are— A transport system falls within this sub-paragraph if it is— The Secretary of State may, by regulations, modify the definition of “railway safety purposes”. Before making any regulations under sub-paragraph (4), the Secretary of State must consult— Regulations under sub-paragraph (4) are subject to the negative resolution procedure. In this paragraph—
The Office of Rail Regulation may authorise a person to investigate and make a special report on any accident, occurrence, situation or other matter of any sort which that Office thinks it necessary or expedient to investigate— The Office of Rail Regulation may cause— to be made public at such time, and in such manner, as it thinks fit. Where a person who is not a member, officer or employee of the Office of Rail Regulation carries out an investigation and makes a special report under this paragraph, that Office may pay him such remuneration and expenses as the Secretary of State determines. The Office of Rail Regulation may, to such extent as the Secretary of State may determine, defray the other costs (if any) of— In section 14(1) of the 1974 Act (matters about which investigations etc. may be required or authorised by the HSC), for “it is” substitute—.
It shall be the duty of the Office of Rail Regulation and the Health and Safety Commission— In sub-paragraph (1) “safety functions” means all the functions of the Health and Safety Commission and of the Health and Safety Executive and the safety functions of the Office of Rail Regulation. In section 18(5)(b) of the 1974 Act (duty of enforcing authority to act in accordance with guidance of HSC), at the beginning insert “except where that authority is the Office of Rail Regulation,”.
In section 50 of the 1974 Act (consultation with HSC), after subsection (1) insert—
The Secretary of State may make grants to the RPC of such amounts as he may determine. The terms of the grants shall be such as the Secretary of State may determine.
Where a notice has been published under paragraph 2 objections about the proposal may be made to the London Transport Users' Committee— Objections may only be made within the period specified in the notice.
Bye-laws do not come into force until they have been confirmed by the appropriate national authority.
The power to make bye-laws includes the power to make bye-laws amending or revoking bye-laws. The appropriate national authority may by order revoke bye-laws.
In section 56(2A) of the 1993 Act (procedural requirements for section 55 orders), for the words from “Authority”, where first occurring, to the end of the subsection substitute “Secretary of State and on the Scottish Ministers.”
This paragraph applies where, before the commencement of paragraph 4, the Health and Safety Commission directed or authorised a person to investigate and make a special report under section 14(2)(a) of the 1974 Act on any accident, occurrence, situation or other matter which the Commission thought it necessary or expedient to investigate— For the purposes of the carrying out or continuation of an investigation and the making of a report after the commencement of paragraph 4, the direction or authorisation shall be treated as an authorisation by the Office of Rail Regulation under paragraph 4. If — the report shall be treated as if it had been made to the Office of Rail Regulation under paragraph 4. If the person to whom the Health and Safety Commission gave the direction or authorisation has not yet made a special report to the Commission, the Office of Rail Regulation may direct that person— Where the Health and Safety Commission agreed before the commencement of paragraph 4 to exercise its power by virtue of section 14(6)(a) or (c) of the 1974 Act to pay remuneration or expenses to any person in respect of the investigation and special report or to defray costs of the investigation and report— and paragraph (b) does not affect the power of that Office under that paragraph, in relation to times after the commencement of that paragraph, to make other payments of remuneration or expenses or to defray costs.
A railway operator who proposes to make bye-laws must publish a notice stating— The publication of the notice must be in the manner approved by the appropriate national authority. The period specified for the purposes of sub-paragraph (1)(c) must be the period of 28 days beginning with the day after that on which the railway operator’s notice is published, or a longer period. At the end of the period so specified the appropriate national authority must forward any representations that have been made to it to the railway operator. The railway operator must not submit the bye-laws for confirmation unless he has considered the representations forwarded by the appropriate national authority.
Section 57A of the 1993 Act (penalties) is amended as follows. In subsection (2), for “to the Authority” substitute—. In subsection (5)—
This paragraph applies where, before the commencement of paragraph 4, the Health and Safety Commission directed an inquiry to be held under section 14(2)(b) of the 1974 Act into any accident, occurrence, situation or other matter which the Commission thought it necessary or expedient to investigate— Subject to sub-paragraph (3), section 14 of the 1974 Act shall continue to apply in relation to that inquiry after the commencement of paragraph 4 but as if all things done or required to be done by or in relation to the Health and Safety Commission under that section were done or required to be done by or in relation to the Office of Rail Regulation. Where the Health and Safety Commission agreed before the commencement of paragraph 4 to exercise its power by virtue of section 14(6)(b) or (c) of the 1974 Act to pay remuneration or expenses to any person in respect of the inquiry or to defray costs of the inquiry— and paragraph (b) does not affect the power of that Office, in relation to times after the commencement of paragraph 4, to make other payments of remuneration or expenses under section 14(6)(b), or to defray costs under section 14(6)(c).
The appropriate national authority may— The appropriate national authority may fix the date of the coming into force of any bye-laws confirmed by it. If the appropriate national authority confirms bye-laws without fixing the date on which they come into force, they come into force at the end of the period of 28 days beginning with the day after that on which they are confirmed.
In section 57B of the 1993 Act— The fact that a statement of policy has not been published by the Secretary of State, by the Scottish Ministers or by the Office of Rail Regulation under section 57B of the 1993 Act does not affect—
In section 57C(3) of the 1993 Act (service of penalty notices), for the words from “Authority”, where first occurring, to the end of the subsection substitute “Secretary of State and on the Scottish Ministers.”
This paragraph applies to things done under or for the purposes of any provision of sections 55 to 58 of the 1993 Act (enforcement) so far as they were done before the commencement of this paragraph by or in relation to the Strategic Rail Authority as the appropriate authority. In relation to times after the commencement of this paragraph, those things shall have effect, so far as necessary for giving them continuing validity or effect—
In section 76 of the 1993 Act (general duties of Rail Passengers' Council), for “Authority”, wherever occurring (except in subsection (6)(a)), substitute “Secretary of State”. In subsection (4) of that section, for “service” substitute “secured service (within the meaning of Part 4 of the Railways Act 2005) which is”. In subsection (5) of that section, in the words after paragraph (b)— In subsection (6)(a) of that section, omit “and the Authority”. Subsection (8) of that section shall cease to have effect.
Section 135 of the 1993 Act (concessionary travel) is amended as follows. In subsections (2) and (3), for “Authority may” substitute “Secretary of State and the Scottish Ministers may each”. In subsection (6), for “The Authority may perform any of its functions” substitute “The Secretary of State and the Scottish Ministers may exercise powers and perform duties conferred or imposed on him or them”. In subsection (7), for “Authority undertakes” substitute “Secretary of State undertakes, or the Scottish Ministers undertake,”.
For paragraph 1 (meaning of access charges review) substitute—
In paragraph 6(3) (service of termination notice), before paragraph (a) insert—.
Where (after considering any representations and objections which are duly made and not withdrawn) the Office of Rail Regulation proposes to make relevant changes under this paragraph, it must give a notice to the relevant authorities which— If in consequence of any revision of that information that is notified to the Office of Rail Regulation within the period specified in that notice, that Office decides to modify its proposals, it must— The relevant authorities for the purposes of sub-paragraph (4A) are each of the following— In sub-paragraph (5) of that paragraph, after “withdrawn” insert “and any revisions of information provided under paragraph 1D that were notified within the period specified under sub-paragraph (4A)”. A notice must not be given under sub-paragraph (5) before the end of the period specified in the most recent notice given in the case in question under sub-paragraph (4A) as the period during which the Secretary of State, the Scottish Ministers or each of them has the opportunity of revising information provided under paragraph 1D. In sub-paragraph (6) of that paragraph (information to accompany notice sent to Competition Commission), at the end insert “and a copy of any revisions of information provided under paragraph 1D that have been notified within the period specified in the notice under sub-paragraph (4A)”. In sub-paragraph (10) of that paragraph, for the words from “to the Authority” onwards substitute—
Subject to sub-paragraph (2), this Schedule does not apply in relation to any review in relation to which the Office of Rail Regulation has given a review notice under paragraph 4 of Schedule 4A to the 1993 Act before the commencement of this Schedule. Where— that Office, according to what it thinks fit, may either undertake a new access charges review in accordance with that Schedule as amended by this Schedule or proceed immediately to issue the new review notice or to make the reference to that Commission.
In this Schedule— In sub-paragraph (1) “Scottish asset” means— In the case of bye-laws in relation to which both the Secretary of State and the Scottish Ministers are the appropriate national authority —
“proposal date”, in relation to a proposal for the discontinuance of any service or services, or any network or station or part of a network or station, means the date after which, according to the proposal, the service or services will no longer be provided or, as the case may be, the operation or use of the network or station or part of a network or station will be discontinued;
In this Part of this Schedule, “relevant transfer” means a transfer in accordance with a scheme made under section 1(2) to a national authority.
This paragraph applies for the purposes of Part 3 of the 2001 Act, and the other provisions of that Act which are relevant to that Part, in relation to a relevant transfer of the relevant interest in an industrial building or structure. The transfer is to be treated as a sale of that relevant interest. The net proceeds of that sale are to be treated— Sections 567 to 570 of the 2001 Act (sales treated as being for alternative amount) are not to have effect in relation to that sale. For the purposes of this paragraph a sum received by a person connected with the transferor is to be treated as received by the transferor.
No credit or debit shall be required or allowed, in respect of a relevant transfer, to be brought into account in the transferor’s case—
for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 (c. 8) (loan relationships); or
for the purposes of Schedule 26 to the Finance Act 2002 (derivative contracts).
This paragraph applies where a person (“the predecessor”) is carrying on a trade or a part of a trade and, in consequence of a scheme made under section 1(2)— For the purpose of computing, in relation to the time when the scheme comes into force and subsequent times, the relevant trading profits or losses of the predecessor and the successor— Where a trade or a part of a trade falls to be treated under this paragraph as a separate trade, such apportionments of receipts, expenses, assets and liabilities shall be made for the purpose of computing relevant trading profits and losses as may be just and reasonable. This paragraph is subject to paragraphs 12 and 18. In this paragraph, “relevant trading profits and losses” means profits or losses under Case I of Schedule D in respect of the trade or part of a trade in question.
Where a person (“the predecessor”) is carrying on a trade and, in consequence of a scheme made under section 1(2)— then that part of the trade carried on by the successor shall be treated for the purposes of paragraph 12 as a separate trade. Where a person (“the predecessor”) is carrying on a trade and, in consequence of a scheme made under section 1(2)— then the predecessor shall be treated for the purposes of paragraph 12 and sub-paragraph (1) of this paragraph as having carried on that part of its trade as a separate trade. Where activities fall to be treated for the purposes of this paragraph as a separate trade, such apportionments of receipts, expenses, assets and liabilities shall be made for the purposes of the 2001 Act as may be just and reasonable.
For the purposes of the 1992 Act, a relevant transfer of an asset is to be treated as a disposal of that asset to the transferee for a consideration of such amount as would secure that, on the disposal, neither a gain nor a loss accrues to the transferor.
For the purposes of the application of Schedule 26 to the Finance Act 2002 (derivative contracts) in relation to a relevant transfer, the transferee and the transferor are to be treated as if, at the time of the transfer, they were members of the same group. In sub-paragraph (1), the reference to being members of the same group must be construed in accordance with paragraph 28(6) of that Schedule.
This paragraph applies to a relevant transfer of plant or machinery which is a disposal event for the purposes of Part 2 of the 2001 Act (capital allowances for plant and machinery). For the purposes of the application of section 61 of that Act in relation to the transferor, the disposal value of the plant or machinery is to be treated— For the purposes of this paragraph a sum received by a person connected with the transferor is to be treated as received by the transferor. Section 88 of the 2001 Act (sales at an undervalue) is to be disregarded. This paragraph is subject to sections 63(5) and 68 of the 2001 Act.
Section 17 of the 1992 Act (disposals and acquisitions treated as made at market value) is not to have effect in relation to— But sub-paragraph (1) does not apply— If sub-paragraph (1) applies to the disposal of an asset, the disposal is to be taken (in relation to the person making the acquisition as well as the person making the disposal) to be—
Paragraph 11 of Schedule 9 to the Finance Act 1996 (c. 8) is not to have effect where, as a result of a relevant transfer, the transferee replaces the transferor as a party to a loan relationship. Expressions used in this paragraph and in Chapter 2 of Part 4 of the Finance Act 1996 have the same meanings in this paragraph as in that Chapter.
A service may be designated by order made by the Secretary of State as a London service for the purposes of this section, or may fall within a description of services so designated, only if it is a service that begins and ends in Greater London and does not otherwise make any scheduled call outside Greater London.
An order under this section designating an excluded service, or a description of excluded service— is subject to the negative resolution procedure.
as a London service, or
as a special procedure service,
Where any order under section 49(3) of the 1993 Act (application of Schedule 5 to that Act) is in force immediately before the commencement of this section, that order shall have effect after commencement of this section as an order under this section designating any services, or descriptions of service, to which it applies as special procedure services; and any other service, or description of services, which immediately before the commencement of this section is treated as a service, or description of services, in relation to which Schedule 5 to that Act is to have effect is to be treated after commencement of this section as designated by an order under this section as a special procedure service, or description of special procedure services.
Where any order under paragraph 5A(1)(b)(ii) of Schedule 5 to that Act (application of that Schedule to London services) is in force immediately before the commencement of this section, that order shall have effect after commencement of this section as an order under this section designating any services, or descriptions of service, to which it applies as London services.
For the purposes of this section (apart from the reference, in the definition of “excluded service” in subsection (7), to “relevant railway passenger service”) “railway” has its wider meaning.
This section applies where—
the operator of a network proposes to discontinue the operation of the network or of some part of it;
the network or, as the case may be, that part of it has, at any time within the preceding five years, been used for or in connection with the provision of services for the carriage of passengers by railway;
the network or that part of it is not secured;
the network or that part of it is not excluded from the application of this section by an order under section 38; and
the proposal is not a proposal for a minor modification.
Use for or in connection with the provision of any of the following services is to be disregarded for the purposes of subsection (1)(b)—
an experimental passenger service;
a service involving travel through the Channel Tunnel;
a service that is provided otherwise than as a regular scheduled service.
The operator must give notice to the national authority setting out—
particulars of the proposal for the closure in question; and
a summary of the results of the assessment carried out in accordance with subsection (5).
The particulars set out in the notice must include, in particular— and the proposal date must be a date not less than three months after the date of the notice.
the network, or part of a network, to which the proposal relates; and
the proposal date;
Before giving the notice under subsection (3), the operator must carry out an assessment of whether the proposal satisfies the criteria set out in the relevant part of the closures guidance; and that assessment must be carried out in accordance with that guidance.
The national authority to which a notice is given under subsection (3) must—
consider whether the closure in question should be allowed; and
before the proposal date, form an opinion on that matter in accordance with the criteria set out in the relevant part of the closures guidance.
If the national authority forms the opinion that the closure should be allowed, it must—
carry out a consultation under Schedule 7 about the proposal; and
after carrying out that consultation, either notify the operator that it has changed its opinion or refer the proposal (with or without modifications) to the Office of Rail and Road.
The operator must not discontinue the operation of the network, or part of a network, in question before the end of the interim period.
If— the national authority must secure the continued operation of the network, or part of a network, in question after the end of the interim period.
the national authority forms the opinion under subsection (6)(b) that the closure should not be allowed,
the national authority changes its opinion following the consultation under subsection (7)(a), or
on a reference to the Office of Rail and Road under subsection (7)(b), that Office issues a closure non-ratification notice,
In this section “the national authority”— and a proposal that relates to a network or part of a network that is partly in England and Wales and partly in Scotland is to be treated for the purposes of this section as two separate proposals, one in relation to the part in England and Wales and one in relation to the part in Scotland.
in relation to a proposal relating to a network or part of a network that is wholly in Scotland, means the Scottish Ministers; and
in relation to a network or part of a network that is wholly in England and Wales, means the Secretary of State;
This section applies where—
a railway funding authority makes a proposal, in accordance with section 41, that the operation of a network or of some part of it should be discontinued;
the network or, as the case may be, that part of it has, at any time within the preceding five years, been used for or in connection with the provision of services for the carriage of passengers by railway;
the network or that part of it is not secured;
the network or that part of it is not excluded from the application of this section by an order under section 38; and
the proposal is not a proposal for a minor modification.
Use for or in connection with the provision of any of the following services is to be disregarded for the purposes of subsection (1)(b)—
an experimental passenger service;
a service involving travel through the Channel Tunnel;
a service that is provided otherwise than as a regular scheduled service.
The railway funding authority making the proposal must—
give notice of its proposal to the national authority, if it is not itself that authority;
carry out a consultation under Schedule 7 about the proposal; and
after carrying out that consultation, either withdraw the proposal or refer the proposal (with or without modifications) to the Office of Rail and Road.
A notice to the national authority under subsection (3)(a) must set out—
particulars of the proposal for the closure including, in particular—
the network, or part of a network, to which the proposal relates; and
the proposal date; and
a summary of the results of the assessment carried out in accordance with subsection (5).
Before— the railway funding authority making the proposal must carry out an assessment of whether the proposal satisfies the criteria set out in the relevant part of the closures guidance; and that assessment must be carried out in accordance with that guidance.
giving the notice under subsection (3)(a), in a case where it is not itself the national authority, or
in any other case, carrying out the consultation under subsection (3)(b),
If arrangements under or in accordance with which the network, or part of a network, is being operated do not require it to be operated until the end of the interim period, the national authority must secure the operation of the network, or that part of it, until the end of that period.
If on a reference under subsection (3)(c) the Office of Rail and Road issues a closure non-ratification notice, the national authority must secure the continued operation of the network, or part of a network, in question after the end of the interim period.
In this section “the national authority”— and a proposal that relates to a network or part of a network that is partly in England and Wales and partly in Scotland is to be treated for the purposes of this section as two separate proposals, one in relation to the part in England and Wales and one in relation to the part in Scotland.
in relation to a proposal relating to a network or part of a network that is wholly in Scotland, means the Scottish Ministers; and
in relation to a proposal relating to a network or part of a network that is wholly in England and Wales, means the Secretary of State;
This section applies where—
a railway funding authority makes a proposal, in accordance with section 41, that the operation of a secured network or of a secured part of a network should be discontinued;
the network or, as the case may be, that part of it has, at any time within the preceding five years, been used for or in connection with the provision of services for the carriage of passengers by railway;
the network or part of it is not excluded from the application of this section by an order under section 38; and
the proposal is not a proposal for a minor modification.
Use for or in connection with the provision of any of the following services is to be disregarded for the purposes of subsection (1)(b)—
an experimental passenger service;
a service involving travel through the Channel Tunnel;
a service that is provided otherwise than as a regular scheduled service.
The railway funding authority making the proposal must—
give notice of its proposal to the national authority, if it is not itself that authority;
carry out a consultation under Schedule 7 about the proposal; and
after carrying out that consultation, either withdraw the proposal or refer the proposal (with or without modifications) to the Office of Rail and Road.
A notice to the national authority under subsection (3)(a) must set out—
particulars of the proposal for the closure including, in particular—
the network, or part of a network, to which the proposal relates; and
the proposal date; and
a summary of the results of the assessment carried out in accordance with subsection (5).
Before— the railway funding authority making the proposal must carry out an assessment of whether the proposal satisfies the criteria set out in the relevant part of the closures guidance; and that assessment must be carried out in accordance with that guidance.
giving the notice under subsection (3)(a), in a case where it is not itself the national authority, or
in any other case, carrying out the consultation under subsection (3)(b),
If arrangements under or in accordance with which the network, or part of a network, is being operated do not require it to be operated until the end of the interim period, the national authority must secure the operation of the network, or that part of it, until the end of that period.
If on a reference under subsection (3)(c) the Office of Rail Regulation issues a closure non-ratification notice, the national authority must secure the continued operation of the network, or part of a network, in question after the end of the interim period.
The duty of the national authority under subsection (7) is discharged without its taking further steps so long as the provisions of the arrangements, in force at the time of the proposal, so far as they require the operation of the network or part of a network, continue in force without modification.
In this section “the national authority”— and a proposal that relates to a network or part of a network that is partly in England and Wales and partly in Scotland is to be treated for the purposes of this section as two separate proposals, one in relation to the part in England and Wales and one in relation to the part in Scotland.
in relation to a proposal relating to a network or part of a network that is wholly in Scotland, means the Scottish Ministers; and
in relation to a proposal relating to a network or part of a network that is wholly in England and Wales, means the Secretary of State;
This section applies where—
the operator of a station proposes to discontinue the use of a station or of some part of it;
the station or, as the case may be, that part of it has, at any time within the preceding five years, been used for or in connection with the provision of services for the carriage of passengers by railway;
the station or that part of it is not secured;
the station or that part of it is not excluded from the application of this section by an order under section 38; and
the proposal is not a proposal for a minor modification.
Use for or in connection with the provision of any of the following services is to be disregarded for the purposes of subsection (1)(b)—
an experimental passenger service;
a service involving travel through the Channel Tunnel;
a service that is provided otherwise than as a regular scheduled service.
The operator must give notice to the national authority setting out—
particulars of the proposal for the closure in question; and
a summary of the results of the assessment carried out in accordance with subsection (5).
The particulars set out in the notice must include, in particular— and the proposal date must be a date not less than three months after the date of the notice.
the station, or part of a station, to which the proposal relates; and
the proposal date;
Before giving the notice under subsection (3), the operator must carry out an assessment of whether the proposal satisfies the criteria set out in the relevant part of the closures guidance; and that assessment must be carried out in accordance with that guidance.
The national authority to which a notice is given under subsection (3) must—
consider whether the closure in question should be allowed; and
before the proposal date, form an opinion on that matter in accordance with the criteria set out in the relevant part of the closures guidance.
If the national authority forms the opinion that the closure should be allowed, it must—
carry out a consultation under Schedule 7 about the proposal; and
after carrying out that consultation, either notify the operator that it has changed its opinion or refer the proposal (with or without modifications) to the Office of Rail and Road.
The operator must not discontinue the use of the station, or part of a station, before the end of the interim period.
If— the national authority must secure the continued operation of the station, or part of a station, in question after the end of the interim period.
the national authority forms the opinion under subsection (6)(b) that the closure should not be allowed,
the national authority changes its opinion following the consultation under subsection (7)(a), or
on a reference to the Office of Rail and Road under subsection (7)(b), that Office issues a closure non-ratification notice,
In this section “the national authority”—
in relation to a proposal relating to a station or part of a station that is wholly in Scotland, means the Scottish Ministers; and
in relation to a station or part of a station that is wholly in England and Wales, means the Secretary of State, subject to subsection (11).
The Welsh Ministers, rather than the Secretary of State, are “the national authority” in relation to a proposal relating to a station, or part of a station, that—
is wholly in Wales, and
is, immediately before the notice under subsection (3) is given, a station to which subsection (12) applies or part of such a station.
This subsection applies to a station at which the only scheduled calls made by any railway passenger service are those made by a railway passenger service provided under a Welsh franchise agreement or secured to any extent by the Welsh Ministers.
This section applies where—
a railway funding authority makes a proposal, in accordance with section 41, that the operation of a station or of some part of it should be discontinued;
the station or, as the case may be, that part of it has at any time within the preceding five years, been used for or in connection with the provision of services for the carriage of passengers by railway;
the station or that part of it is not secured;
the station or that part of it is not excluded from the application of this section by an order under section 38; and
the proposal is not a proposal for a minor modification.
Use for or in connection with the provision of any of the following services is to be disregarded for the purposes of subsection (1)(b)—
an experimental passenger service;
a service involving travel through the Channel Tunnel;
a service that is provided otherwise than as a regular scheduled service.
The railway funding authority making the proposal must—
give notice of its proposal to the national authority, if it is not itself that authority;
carry out a consultation under Schedule 7 about the proposal; and
after carrying out that consultation, either withdraw the proposal or refer the proposal (with or without modifications) to the Office of Rail and Road.
A notice to the national authority under subsection (3)(a) must set out—
particulars of the proposal for the closure including, in particular—
the station, or part of a station, to which the proposal relates; and
the proposal date; and
a summary of the results of the assessment carried out in accordance with subsection (5).
Before— the railway funding authority making the proposal must carry out an assessment of whether the proposal satisfies the criteria set out in the relevant part of the closures guidance; and that assessment must be carried out in accordance with that guidance.
giving the notice under subsection (3)(a), in a case where it is not itself the national authority, or
in any other case, carrying out the consultation under subsection (3)(b),
If arrangements under or in accordance with which the station or part of a station is being operated do not require it to be operated until the end of the interim period, the national authority must secure the operation of the station, or that part of it, until the end of that period.
If on a reference under subsection (3)(c) the Office of Rail and Road issues a closure non-ratification notice, the national authority must secure the continued operation of the station, or part of a station, in question after the end of the interim period.
In this section “the national authority”—
in relation to a proposal relating to a station or part of a station that is wholly in Scotland, means the Scottish Ministers; and
in relation to a proposal relating to a station or part of a station that is wholly in England and Wales, means the Secretary of State, subject to subsection (9).
The Welsh Ministers, rather than the Secretary of State, are “the national authority” in relation to a proposal relating to a station, or part of a station, that—
is wholly in Wales, and
is, when the proposal is made, a station to which subsection (10) applies or part of such a station.
This subsection applies to a station at which the only scheduled calls made by any railway passenger service are those made by a railway passenger service provided under a Welsh franchise agreement or secured to any extent by the Welsh Ministers.
This section applies where—
a railway funding authority makes a proposal, in accordance with section 41, that the operation of a secured station or of a secured part of a station should be discontinued;
the station or, as the case may be, that part of it has, at any time within the preceding five years, been used for or in connection with the provision of services for the carriage of passengers by railway;
the station or that part of it is not excluded from the application of this section by an order under section 38; and
the proposal is not a proposal for a minor modification.
Use for or in connection with the provision of any of the following services is to be disregarded for the purposes of subsection (1)(b)—
an experimental passenger service;
a service involving travel through the Channel Tunnel;
a service that is provided otherwise than as a regular scheduled service.
The railway funding authority making the proposal must—
give notice of its proposal to the national authority, if it is not itself that authority;
carry out a consultation under Schedule 7 about the proposal; and
after carrying out that consultation, either withdraw the proposal or refer the proposal (with or without modifications) to the Office of Rail and Road.
A notice to the national authority under subsection (3)(a) must set out—
particulars of the proposal for the closure including, in particular—
the station, or part of a station, to which the proposal relates; and
the proposal date; and
a summary of the results of the assessment carried out in accordance with subsection (5).
Before— the railway funding authority making the proposal must carry out an assessment of whether the proposal satisfies the criteria set out in the relevant part of the closures guidance; and that assessment must be carried out in accordance with that guidance.
giving the notice under subsection(3)(a) , in a case where it is not itself the national authority, or
in any other case, carrying out the consultation under subsection (3)(b),
If arrangements under or in accordance with which the station, or part of a station, is being operated do not require it to be operated until the end of the interim period, the national authority must secure the operation of the station, or that part of it, until the end of that period.
If on a reference under subsection (3)(c) the Office of Rail and Road issues a closure non-ratification notice, the national authority must secure the continued operation of the station, or part of a station, in question after the end of the interim period.
The duty of the national authority under subsection (7) is discharged without its taking further steps so long as the provisions of the arrangements, in force at the time of the proposal, so far as they require the operation of the station or part of a station, continue in force without modification.
In this section “the national authority”—
in relation to a proposal relating to a station or part of a station that is wholly in Scotland, means the Scottish Ministers; and
in relation to a proposal relating to a station or part of a station that is wholly in England and Wales, means the Secretary of State, subject to subsection (10).
The Welsh Ministers, rather than the Secretary of State, are “the national authority” in relation to a proposal relating to a station, or part of a station, that—
is wholly in Wales, and
is, when the proposal is made, a station to which subsection (11) applies or part of such a station.
This subsection applies to a station at which the only scheduled calls made by any railway passenger service are those made by a railway passenger service provided under a Welsh franchise agreement or secured to any extent by the Welsh Ministers.
This section applies to a reference of a proposal to the Office of Rail and Road under any provision of this Part.
The reference may be made only if the person making it considers that the proposal, or (as the case may be) the proposal as modified, satisfies the criteria set out in the relevant part of the closures guidance.
The reference must set out particulars of the proposal including, in particular—
the services or the network or station, or part of a network or station, to which the proposal relates; and
the proposal date.
The reference must be accompanied by—
a report by the person making the reference on the outcome of the consultation carried out by that person;
a statement by that person as to whether the proposal that is referred is a modified proposal;
a statement, if it is a modified proposal, setting out what modifications have been made; and
a full assessment of whether the proposal, or (as the case may be) the proposal as modified, satisfies the criteria set out in the relevant part of the closures guidance.
The duty of the Office of Rail and Road on the reference is—
to consider whether the person making the reference properly carried out the consultation he was required to carry out in accordance with this Part; and
unless it is satisfied that— to determine whether the proposal, or (as the case may be) the proposal as modified, satisfies the criteria set out in the relevant part of the closures guidance.
there has been a failure or other defect in the carrying out of the consultation, and
the failure or defect makes it inappropriate for the Office to make the determination required by this paragraph,
The person making the reference must provide the Office of Rail and Road with all such information as it may require for the purpose of carrying out its functions under this section.
If the Office of Rail and Road is satisfied— it must issue a notice to that effect (a “closure non-ratification notice”).
that the proposal, or (as the case may be) the proposal as modified, fails to satisfy the criteria set out in the relevant part of the closures guidance, or
that there has been a failure or other defect in the carrying out of the consultation that makes it inappropriate for that Office to make a determination of whether the proposal, or (as the case may be) the proposal as modified, satisfies those criteria,
If, on completing its functions under subsection (5), the Office of Rail and Road is not so satisfied, it must issue a notice to that effect (a “closure ratification notice”).
Where, on a reference, the Office of Rail and Road issues a closure non-ratification notice or a closure ratification notice it must—
give a copy of that notice to every person mentioned in subsection (10); and
require every operator of a station in the area affected by the proposal, or (as the case may be) the proposal as modified, to whom it gives a copy of the notice to secure that a copy of the notice is published by being displayed at that station until the end of the interim period.
The persons to whom a copy of the closure ratification notice or closure non-ratification notice must be given under subsection (9) are—
the person who made the reference;
every person to whom a notice was required to be sent under paragraph 3 of Schedule 7 in the consultation relating to the proposal;
every person otherwise consulted under that paragraph in that consultation; and
such other persons as the Office of Rail and Road consider appropriate.
In subsection (9) “the area affected”, in relation to a proposal, means—
in the case of a proposal for the discontinuance of services on a particular line or from a particular station, the area in which the line or station is situated;
in the case of a proposal relating to a network, or part of a network, the area in which the network, or part of a network, is situated;
in the case of a proposal relating to a station, or part of a station, the area served by the station, or that part.
The issue of a closure ratification notice does not authorise anything which (but for that notice) would constitute a contravention of any franchise agreement or other arrangements under or in accordance with which— and in the carrying out of any functions conferred on that Office under or in relation to any such agreement or arrangements that Office may have regard to the issue of the closure ratification notice but is not required to secure that the closure takes place.
any franchised service or secured service or other railway passenger service is being provided or is being funded (whether in whole or in part); or
any network or station or part of a network or station is being operated or is being funded (whether in whole or in part);
This section applies where, following a reference under this Part, the Office of Rail and Road issues a closure ratification notice.
The Office of Rail and Road may, when it issues the closure ratification notice, impose such requirements relevant to the proposal as it considers appropriate on such one or more of the following as it thinks fit, namely—
the Secretary of State;
the Scottish Ministers;
the Welsh Ministers;
an Integrated Transport Authority or a Passenger Transport Authority;
a Passenger Transport Executive;
a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
the Mayor of London;
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
Transport for London;
a person designated as a railway funding authority by an order under section 45(4);
a relevant operator.
For the purposes of subsection (2), a requirement is relevant to a proposal if it relates to any matter which fell to be taken into account in making an assessment whether the proposal or (as the case may be) the proposal as modified satisfied the criteria set out in the relevant part of the closures guidance.
In subsection (2)(i) “relevant operator” means—
in the case of a proposal to which section 22 or 25 applies, the service operator within the meaning of the section in question;
in the case of a proposal to which section 26 or 29 applies, the operator of the network or station, or part of a network or station, in question; and
in the case of a proposal to which section 37(2) applies, the person providing the experimental passenger service in question.
A person on whom a requirement is imposed under this section must comply with it.
The Office of Rail and Road may from time to time vary or revoke a requirement imposed under this section.
Before exercising its power under this section to vary or revoke a requirement, the Office of Rail and Road must consult such persons as it thinks appropriate.
Where the Office of Rail and Road exercises its power under this section to impose, vary or revoke a requirement, it must—
give notice of that requirement, variation or revocation to every person to whom a copy of the closure ratification notice relating to the reference was given under section 32(9); and
require every operator of a station in the area affected by the requirement, variation or revocation to whom it gives notice of the requirement, variation or revocation to secure that a copy of the notice is published by being displayed at that station—
in the case of the imposition of a requirement, until the end of the interim period;
in the case of the variation or revocation of a requirement, for such period as the Office of Rail and Road may specify at the time of giving notice under paragraph (a).
In subsection (8) “the area affected”, in relation to a requirement imposed under this section in relation to a closure, means— and “the area affected”, in relation to the variation or revocation of such a requirement, is to be construed accordingly.
in the case of a closure consisting in the discontinuance of services on a particular line, or from a particular station, the area in which the line or station is situated;
in the case of a closure relating to a network, or part of a network, the area in which the network, or part of a network, is situated;
in the case of a closure relating to a station, or part of a station, the area served by the station, or that part;
A proposal is a proposal for a minor modification if—
it is a proposal for a closure which has been determined under the following provisions of this section to be a minor modification; or
it is a proposal for a closure of a description of closures in relation to which such a determination has been made.
It is the Scottish Ministers who may make a determination that a closure is a minor modification, or that closures of a particular description are minor modifications, where the only closures to which the determination relates consist in—
the discontinuance of one or more Scotland-only services;
the discontinuance of one or more cross-border services in relation to which no funding is provided by a railway funding authority other than the Scottish Ministers;
the discontinuance of two or more services none of which is a service not mentioned in paragraph (a) or (b);
the discontinuance of a network or part of a network that is wholly in Scotland; or
the discontinuance of a station or part of a station that is wholly in Scotland.
It is the Secretary of State who, in any other case, may make a determination that a closure is a minor modification, or that closures of a particular description are minor modifications.
It is the Welsh Ministers who may make a determination that a closure is a minor modification, or that closures of a particular description are minor modifications, where the only closures to which the determination relates consist in—
the discontinuance of one or more Wales-only services; or
the discontinuance of a station, or part of a station, that—
is wholly in Wales, and
is a station to which subsection (2B) applies or part of such a station.
A determination may be made under this section only if the person making it considers—
in the case of a determination relating to a particular closure, that the closure is eligible under section 35 to be regarded as a minor modification; or
in the case of a determination relating to a description of closures, that all the closures falling within that description are or will be so eligible.
This subsection applies to a station at which the only scheduled calls made by any railway passenger service are those made by a railway passenger service provided under a Welsh franchise agreement or secured to any extent by the Welsh Ministers.
A person who makes a determination under this section in relation to a particular closure for the purposes of section 22, 26 or 29 may make it subject to conditions; and, in such a case, the closure is not to be treated as a minor modification unless, as the case may be— has agreed to comply with those conditions.
the person providing the service or services to be discontinued, or
the person operating or using the network or station, or the part of a network or station, in question,
The person who makes a determination under this section in relation to a particular closure must notify the Office of Rail and Road about that determination.
A determination under this section in relation to a description of closures may be revoked at any time by the person who made it.
A person who makes or revokes a determination under this section in relation to a description of closures must—
send a copy of the determination or revocation to the Office of Rail and Road; and
publish it in such manner as he considers appropriate.
The revocation of such a determination shall not affect any closure if its status has been relied on before the revocation as grounds for—
a failure to give a notice under this Part; or
the carrying out of any closure.
Any general determination which— shall have effect after that time as a determination made under this section that closures of that class or description are minor modifications for the purposes of this Part.
has been made under section 46A of the 1993 Act,
is a determination that closures of a particular class or description are minor closures, and
is in force immediately before the coming into force of this section,
Any conditions agreed to under section 37(1), 39(1) or 41(1) of the 1993 Act in connection with any determination under the section in question that a closure is a minor closure shall have effect after the commencement of this section as if agreed to for the purposes of subsection (5).
The discontinuance of a railway passenger service is eligible to be treated as a minor modification so far as the service is a service on a stretch of line along which there is no station (or no station in use) and the circumstances are such that—
trains that would otherwise use that stretch of line in travelling between two stations will instead pass along an alternative route; and
passengers travelling on such a train will not be required to make additional changes and will not incur significant increases of journey times.
The discontinuance of the operation of a part of a network is eligible to be treated as a minor modification so far as that part of the network consists in a stretch of track along which there is no station (or no station in use) and the circumstances are such that—
trains that would otherwise use that stretch of line in travelling between two stations will instead pass along an alternative route; and
passengers travelling on such a train will not be required to make additional changes and will not incur significant increases of journey times.
The discontinuance of the operation of a part of a network is eligible to be treated as a minor modification so far as that part of the network consists of a stretch of track which does no more than serve a station or light maintenance depot, or some part of it, and the circumstances are such that—
that part of the network is not necessary for the operation or use of a station, or part of a station, for the purposes of or in connection with the provision of railway passenger services; or
the operation or use of such station or part of a station as is served by that part of the network is or has been the subject of a proposal which is a proposal for a minor modification.
The discontinuance of the operation of a part of a network is eligible to be treated as a minor modification so far as—
that part of the network consists of installations associated with any such stretch of track as is mentioned in subsection (2) or (3); and
the circumstances are as mentioned in that subsection.
The discontinuance of the operation or use of— is eligible to be treated as a minor modification so far as the operation or use of that part of the network or that part of the station is not necessary for the operation or use of the network or station for or in connection with the provision of railway passenger services.
a part of a network (other than track), or
a part of a station,
Where it appears to the national authority that closures of any description not specified in this section should, because of their temporary nature or limited effect on the provision of railway passenger services, be treated as minor modifications, the national authority may, by order, provide for closures of that description to be treated for the purposes of section 34 as eligible under this section to be so treated.
The Scottish Ministers are the national authority for the purposes of subsection (6) where the only closures to which the order relates consist in— ...
the discontinuance of one or more Scotland-only services;
the discontinuance of one or more cross-border services in relation to which no funding is provided by a railway funding authority other than the Scottish Ministers;
the discontinuance of two or more services none of which is a service not mentioned in paragraph (a) or (b);
the discontinuance of a network or part of a network that is wholly in Scotland; or
the discontinuance of a station or part of a station that is wholly in Scotland.
Except where subsection (6B) or (7) applies, the Secretary of State is the national authority for the purposes of subsection (6).
An order under subsection (6) is subject to the negative resolution procedure.
The Welsh Ministers are the national authority for the purposes of subsection (6) where the only closures to which the order relates consist in—
the discontinuance of one or more Wales-only services; or
the discontinuance of a station, or part of a station, that—
is wholly in Wales, and
is a station to which subsection (6C) applies or part of such a station.
This subsection applies to a station at which the only scheduled calls made by any railway passenger service are those made by a railway passenger service provided under a Welsh franchise agreement or secured to any extent by the Welsh Ministers.
The power to designate a railway passenger service as experimental for the purposes of this Part is exercisable—
if it is a Scotland-only service, by the Scottish Ministers;
if it is a cross-border service in respect of which more funding is provided by the Scottish Ministers than the Secretary of State, by those Ministers;
if it is any other Welsh service in respect of which more funding is provided by the Welsh Ministers than the Secretary of State, by the Welsh Ministers; and
if it is a Wales-only service, by the Welsh Ministers;
in the case of any other service, by the Secretary of State.
The designation must be in relation to a line or station on or from which the service will be provided.
A service may not be designated as experimental for a period exceeding five years.
Where a service is designated as experimental for a period of less than five years—
the designation may subsequently be extended (on one or more occasions) by the person who made it; but
the aggregate of the periods for which the service is designated as experimental must not exceed five years.
In determining for the purposes of this section the period or aggregate period for which a service is designated as experimental, any period before the service is introduced is to be disregarded.
The person who designates a service as experimental or extends such a designation must—
send a copy of the designation or extension to the Office of Rail and Road; and
publish notice of the designation or extension in two successive weeks—
in a local newspaper circulating in the area affected by the designation or extension; and
in two national newspapers.
Where— the person designating must give notice of the designation or extension to the person who is to provide the service.
a service is designated as experimental or its designation is extended, and
the service is to be provided otherwise than in satisfaction of requirements imposed by a franchise agreement,
For the purposes of subsection (6)(b)(i) the area affected by a designation, or by the extension of a designation, is the area in which is situated the line or station in relation to which the designation is or was made.
For the purposes of subsection (6)(b)(ii) as it applies in relation to— a newspaper which circulates generally in Scotland or, as the case may be, Wales is to be regarded as being a national newspaper.
a Scotland-only service, or
a Wales-only service,
Where any railway passenger service is treated immediately before the commencement of this section as an experimental passenger service for the purposes of Part 1 of the 1993 Act—
that service shall be treated as designated as experimental for the purposes of this Part; and
the period for which it is treated as having been designated at that time shall be taken into account in determining the period or aggregate period for which it may be designated under this section.
Where— that authority must give notice of the proposed discontinuance of the service.
a railway funding authority is a party to a franchise agreement under which an experimental passenger service is provided,
the person providing the service proposes to discontinue it after the requirement to provide it has come to an end, and
that authority does not propose to secure the continued provision of the service,
Where— that person must give notice of his proposal and must not discontinue the service before the end of the notice period.
an experimental passenger service is provided otherwise than in satisfaction of requirements imposed by a franchise agreement, and
the person providing the service proposes to discontinue it,
The notice required to be given under this section is a notice which—
sets out the details of the proposed discontinuance; and
is published in the required manner.
A notice is published in the required manner if it is published, in two successive weeks—
in a local newspaper circulating in the area affected by the proposal;
in two national newspapers; and
in such other manner as appears to the person giving the notice to be appropriate.
A person giving notice of a proposed discontinuance under subsection (2) must send to the Office of Rail and Road a copy of the notice published under subsection (3)(b).
In this section “the notice period”, in relation to a proposal to discontinue a service, means the period of six weeks after the notice of that proposal has been published in the required manner.
For the purposes of subsection (4)(a) the area affected by a proposal to discontinue an experimental passenger service is the area in which is situated the line or station in relation to which the service is designated as experimental.
For the purposes of subsection (4)(b) as it applies in relation to— a newspaper which circulates generally in Scotland or, as the case may be, Wales is to be regarded as being a national newspaper.
a Scotland-only service, or
a Wales-only service,
The national authority may by order—
exclude a railway passenger service, or all railway passenger services of a specified description, from the application of any one or more of sections 22 to 24;
exclude a network or part of a network, or all networks or parts of them of a specified description, from the application of any one or more of sections 26 to 28;
exclude a station or part of a station, or all stations or parts them of a specified description, from the application of any one or more of sections 29 to 31.
In subsection (1) “the national authority”—
as respects a railway passenger service which is— means those Ministers;
a Scotland-only service, or
a cross-border service in relation to which so much of the funding as is provided by a railway funding authority is funding provided by the Scottish Ministers,
as respects a network or station, or part of a network or station, that is wholly in Scotland, means the Scottish Ministers; ...
as respects any other railway passenger service, network or station, or part of a network or station, means the Secretary of State.
as respects a railway passenger service which is a Wales-only service, means the Welsh Ministers;
as respects a station, or part of a station, that— means the Welsh Ministers; and
is wholly in Wales, and
is a station to which subsection (2A) applies or part of such a station,
An order under this section is subject to the negative resolution procedure.
This subsection applies to a station at which the only scheduled calls made by any railway passenger service are those made by a railway passenger service provided under a Welsh franchise agreement or secured to any extent by the Welsh Ministers.
Where any order under section 49(2), (4) or (5) of the 1993 Act (exclusions from closure procedures under that Act) is in force immediately before the commencement of this section, that order shall have effect after the commencement of this section—
in the case of an order under section 49(2), as an order under this section excluding the services to which it applies from sections 22 to 24 of this Act;
in the case of an order under section 49(4), as an order under this section excluding the networks, or parts of networks, to which it applies from sections 26 to 28; and
in the case of an order under section 49(5), as an order under this section excluding any stations, or parts of stations, to which it applies from sections 29 to 31.
After subsection (1) of section 124 of the 2000 Act insert—
“potential users”, in relation to a relevant railway service, means persons who (but for the reduction or discontinuance of the service) would have made use of it; and “railway passenger service” has the same meaning as in the Railways Act 1993 (c. 43) (see section 83(1) of that Act).
In section 126(4) of that Act (approval of scheme), after “section 124(1)” insert “ or (as the case may be) paragraphs (a) to (d) of section 124(1A) ”.
In section 132 of that Act (variation of scheme)—
in subsection (2), for “paragraphs (a) and (b) of section 124(1)” substitute “ subsection (1)(a) and (b) of section 124 or those set out in subsection (1A)(a) to (d) of that section ”;
in subsection (3) and (4), for “those conditions”, in each place, substitute “ the relevant conditions ”; and
after subsection (4) insert the subsection set out in subsection (5) of this section.
The subsection inserted after section 132(4) of that Act is—
Where a railway passenger service— the appropriate national authority may secure the provision of a substitute service for the carriage of passengers by road by means of public service vehicles or private hire vehicles.
is temporarily interrupted, or
has been discontinued,
Where a railway passenger service has been temporarily interrupted, the route and stopping places of the substitute service need not correspond precisely to those of the interrupted service if it is not practicable for them to do so.
Where a railway passenger service has been discontinued, the route and stopping places of the substitute service need not correspond precisely to those of the discontinued service if—
it is not practicable for them to do so; or
the substitute service broadly corresponds to the discontinued service in terms of the localities served.
For the purposes of this section the appropriate national authority is— and where in any case there is more than one appropriate national authority they shall each have the powers conferred by this section.
in a case where the railway passenger service that is interrupted or discontinued is a service (other than a Welsh service provided under a Welsh franchise agreement or secured to any extent by the Welsh Ministers) beginning or ending in England or otherwise making at least one scheduled call in England, the Secretary of State;
in a case where that railway passenger service is a relevant Scottish passenger service, the Scottish Ministers;
in a case where that railway passenger service is a Welsh service provided under a Welsh franchise agreement (but is not a Wales-only service), the Secretary of State in relation to the service to the extent that it is not a Welsh component of a Welsh service;
in a case where that railway passenger service is a Wales-only service, the Welsh Ministers;
in the case of a railway passenger service that is a Welsh service secured to any extent by the Welsh Ministers (but is not a Wales-only service), the Secretary of State in relation to the service to the extent that it is not so secured;
in a case where that railway passenger service is a Welsh service provided under a Welsh franchise agreement (but is not a Wales-only service), the Welsh Ministers in relation to the service to the extent that it is a Welsh component of a Welsh service;
in a case where that railway passenger service is a Welsh service secured to any extent by the Welsh Ministers, the Welsh Ministers in relation to the service to the extent that it is so secured;
In this section a “relevant Scottish passenger service” is—
a railway passenger service provided under a Scottish franchise agreement; or
a railway passenger service not falling within paragraph (a) which is a Scotland-only service or (without being such a service) is a service the provision of which is secured by the Scottish Ministers.
In this section “private hire vehicles” means—
vehicles licensed under section 37 of the Town Police Clauses Act 1847 (c. 89), section 6 of the Metropolitan Public Carriage Act 1869 (c. 115), section 48 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) or section 7 of the Private Hire Vehicles (London) Act 1998 (c. 34) or under any similar enactment; or
taxis or private hire cars licensed under section 10 of the Civic Government (Scotland) Act 1982 (c. 45).
In this section—
A railway funding authority may make a proposal— if, and only if, the requirements of subsection (3), (4) or (5) are satisfied.
for the discontinuance of a railway passenger service,
for the discontinuance of the operation of a network or part of a network, or
for the discontinuance of the operation of a station or part of a station,
The requirements of subsection (3) apply to the making of such a proposal by a railway funding authority other than a Passenger Transport Executive, the Mayor of London or Transport for London.
The requirements of this subsection are—
that the proposal is made in association with another proposal by the authority;
that the other proposal relates to any agreement or other arrangements to which the authority is a party and which relate to the provision of financial assistance in connection with the service or the operation or use of the network or station; and
that it appears to the authority that the other proposal would have an effect which is reasonably likely to create or contribute to a need for the service to be discontinued or the operation or use of the network or station to be discontinued.
The requirements of this subsection apply in relation to the making of a proposal by a Passenger Transport Executive and are—
that no funding in relation to a service or, as the case may be, network or station, or part of a network or station, to which the proposal relates is provided by a railway funding authority other than the Passenger Transport Executive; or
that—
every service to which the proposal relates operates entirely within their area; and
every network or station, or part of a network or station, to which the proposal relates is wholly in their area.
The requirements of this subsection apply in relation to the making of a proposal by the Mayor of London or Transport for London and are—
that no funding in relation to a service or (as the case may be) network or station, or part of a network or station, to which the proposal relates is provided by a railway funding authority other than the Mayor of London or Transport for London; or
that—
every service to which the proposal relates operates entirely within Greater London; and
every network or station, or part of a network or station, to which the proposal relates is wholly in Greater London.
The arrangements referred to in subsection (3)(b) include arrangements between the railway funding authority in question and another such authority.
For the purposes of subsections (4) and (5) a service operates entirely within an area if it starts and ends in that area and does not make any other scheduled calls outside that area.
It shall be the duty of the Scottish Ministers to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to—
proposals to discontinue any Scotland-only service or services;
proposals to discontinue any cross-border service or services in relation to which no funding is provided by a railway funding authority other than the Scottish Ministers;
proposals to discontinue the operation of a network or part of a network that is wholly in Scotland; or
proposals to discontinue the use or operation of any station or part of a station that is wholly in Scotland.
It shall be the duty of the Scottish Ministers acting jointly with the Secretary of State or the Welsh Ministers (or the Secretary of State and the Welsh Ministers) to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to proposals to discontinue any cross-border services in relation to which, as the case may be—
the Secretary of State provides funding;
the Welsh Ministers provide funding; or
the Secretary of State and the Welsh Ministers provide funding.
It is the duty of the Welsh Ministers to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to—
proposals to discontinue any Wales-only service or services; or
proposals to discontinue the use or operation of any station, or part of a station, that—
is wholly in Wales, and
is a station to which subsection (1B) applies or part of such a station.
It shall be the duty of the Secretary of State acting jointly with the Welsh Ministers to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to—
proposals to discontinue any Welsh service or services (other than any Wales-only service or services);
proposals to discontinue the operation of a network or part of a network that is wholly in Wales; or
proposals to discontinue the use or operation of any station or part of a station that is wholly in Wales (other than a station to which subsection (1B) applies or part of such a station).
This subsection applies to a station at which the only scheduled calls made by any railway passenger service are those made by a railway passenger service provided under a Welsh franchise agreement or secured to any extent by the Welsh Ministers.
It shall be the duty of the Secretary of State to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to proposals as respects which none of the preceding subsections imposes any duty.
Guidance published under this section may include different provision for different descriptions of proposals and for different purposes.
A person who is under a duty to publish guidance under this section may from time to time—
modify the guidance; and
publish revised guidance.
Before publishing or modifying any guidance under this section the person with the duty of publishing the guidance must consult—
such persons operating railway passenger services, networks and stations that are affected by the proposed guidance as he thinks appropriate; and
such other persons as he thinks appropriate.
For the purposes of subsection (7) a railway passenger service, network or station is affected by proposed guidance if the proposed guidance would have effect in relation to a proposal relating to that service, network or station.
The Secretary of State must lay before each House of Parliament a copy of any guidance or revised guidance, or modifications of guidance, which he publishes or makes (whether or not jointly with any other person) under section 42.
The Scottish Ministers must lay before the Scottish Parliament a copy of any guidance or revised guidance, or modifications of guidance, which they publish or make (whether or not jointly with any other person) under that section.
Any guidance or revised guidance published under section 42 is to have effect, and any modifications of guidance made under that section are to have effect, in accordance with an order made—
if subsection (1) applies in relation to the guidance or modifications, by the Secretary of State;
if subsection (2) applies in relation to the guidance or modifications, by the Scottish Ministers; and
if both subsections (1) and (2) apply in relation to the guidance or modifications, jointly by the Secretary of State and the Scottish Ministers.
The Welsh Ministers must lay before the National Assembly for Wales a copy of any guidance or revised guidance, or modifications of guidance, which they publish or make under section 42(1A).
An order under subsection (3) which relates to guidance or revised guidance published, or modifications of guidance made, by the Welsh Ministers jointly with the Secretary of State or the Scottish Ministers, or both of them, may be made only with the consent of the Welsh Ministers .
An order under subsection (3) or (3A) is subject to the negative resolution procedure.
Guidance published by the Welsh Ministers under section 42(1A) (and any modifications of that guidance or any revised version of that guidance published by the Welsh Ministers under section 42(6)) are to have effect in accordance with an order made by the Welsh Ministers.
If a statutory instrument containing an order under subsection (3) or (3A) is annulled—
the guidance or revised guidance, or modifications of guidance, to which it relates is, or are, treated as having been withdrawn; and
where revised guidance or modifications is or are so withdrawn, any guidance published under section 42 which had effect before the publication of the revised guidance or the making of the modifications is to continue to have effect.
The withdrawal of guidance or revised guidance or modifications of guidance under subsection (6)—
does not affect anything done in consequence of the guidance before the withdrawal; and
does not preclude the publication of further guidance or revised guidance or the making of further modifications.
Subject to section 57 of the 1993 Act (validity and effect of final and provisional orders under section 55 of that Act), the obligations specified in subsection (2) shall not give rise to any form of duty or liability enforceable by civil proceedings for breach of statutory duty.
Those obligations are—
any obligation of a person under section 22(8) not to discontinue a railway passenger service;
any obligation of a person under section 26(8) not to discontinue the operation of a network or part of a network;
any obligation of a person under section 29(8) not to discontinue the use of a station or part of a station;
any obligation of a person to comply with a requirement imposed under section 33(2) ;
any obligation of a person to comply with conditions to which he has agreed under section 34(5) ;
any obligation of a person under section 37(2) not to discontinue an experimental passenger service;
any obligation of the Secretary of State, the Welsh Ministers or the Scottish Ministers under this Part to secure (to any extent) the provision of a railway passenger service, network or station or of a part of a network or station.
In this Part—
“stopping place”, in relation to a service, means a place at which a service makes a stop for the purposes of allowing passengers to join or leave the service.
A scheme may contain provision— A scheme may contain provision for the creation of rights and liabilities for the purpose of converting arrangements between different parts of a transferor’s undertaking which exist immediately before the coming into force of the scheme into a contract between different transferees, or between a transferee and a transferor. A scheme may contain provision— A scheme may contain provision for interests, rights or liabilities of third parties in relation to anything to which the scheme relates to be modified in the manner set out in the scheme. In sub-paragraph (4) “third party”, in relation to a scheme, means a person other than the transferor and the transferee. Paragraph 2(2) and (3) applies to the creation of interests and rights in accordance with a scheme as it applies to the transfer of interests and rights.
A scheme may make provision for some or all of the powers and duties to which this paragraph applies— The powers and duties to which this paragraph applies are the powers and duties conferred or imposed upon the transferor by or under a relevant enactment so far as they relate to— In this paragraph “relevant enactment” means any enactment other than— This paragraph does not require a restrictive construction to be given to what may be transferred by virtue of paragraph 2(1)(d).
Where in accordance with a scheme a person employed by a transferor becomes an employee of a transferee— References in this paragraph to becoming an employee of the transferee and to employment with the transferee include references, respectively, to becoming and to being employed in the civil service of the state.
In this Schedule— References in this Schedule to a right or to an entitlement to a right include references to an entitlement to exercise a right; and, accordingly, references to a right’s arising include references to its becoming exercisable.
In section 247(3)(b) of the Greater London Authority Act 1999 (c. 29) (members of LTUC appointed to represent railway users in particular area), for the words from “area for which” onwards substitute “area for which the Committee fell, immediately before the repeal of section 2 of the Railways Act 1993 (Rail Passengers' Committees), to be treated as the Rail Passengers' Committee for the purposes specified in subsection (4) of that section”.
“closure non-ratification notice” is to be construed in accordance with section 32(7);
In sections 16A, 16C(3), 16D, 16E(2)(a), 16F(3)(a) and 16G of the 1993 Act (directions by Office of Rail Regulation, on applications made by or with the consent of the SRA, to provide, improve or develop railway facilities), for “Authority”, wherever occurring, substitute “appropriate facilities authority”. In section 16A of that Act, in subsection (3), for “Authority’s consent” substitute “consent of the appropriate facilities authority”. In that section, after that subsection insert— In section 16B(1) and (4) of that Act (exemptions of facilities from section 16A), for “Secretary of State”, in each place, substitute, “appropriate facilities authority”. In section 16B of that Act, after subsection (6) insert— An exemption granted under subsection (1) of section 16B of that Act before the commencement of this paragraph— is to have effect after that time as if contained in an order made by those Ministers which is not subject to subsection (7) of that section.
The RPC must— Every statement of accounts prepared under sub-paragraph (1)(b) must— The requirements notified under sub-paragraph (2)(b) may include, in particular, requirements relating to—
Before section 253 of that Act insert—
In— after “this Part” insert “or Part 4 of the Railways Act 2005 (network modifications etc.)”.
section 17(4) (access agreements: directions requiring facility owners to enter into contracts for the use of their railway facilities), and
section 19(7) (access agreements: contracts for the use of installations comprised in a network),
In section 54 (purposes for which franchising functions may be exercised), in subsection (1)— For subsection (2) of that section substitute— In subsection (3) of that section, in the first definition of “franchising functions”— and omit the definition of “franchising functions” in relation to a Passenger Transport Authority or Passenger Transport Executive.
In section 72(2) (matters to be entered in register)— Nothing in this paragraph requires the removal of anything from the register maintained under section 72.
In section 83(1) (interpretation of Part 1)—
“appropriate designating authority” has the meaning given by section 23(3) above; “appropriate franchising authority” has the meaning given by section 23(3) above; “appropriate national authority” has the meaning given by section 59(6)(za) above;
“bus substitution service” means a service for the carriage of passengers by road that is provided as an alternative to the whole or a part of a railway passenger service that has been discontinued, reduced or modified (whether temporarily or permanently);
“closure” has the same meaning as in Part 4 of the Railways Act 2005 (see section 45 of that Act); “closure requirement” means a requirement imposed under section 33 of that Act;
In subsection (2) of section 145 (purposes for which information obtained under the 1993 Act may be disclosed)— In subsection (5) of that section, for “the Rail Passengers' Council or a Rail Passengers' Committee” substitute “or the Rail Passengers' Council”.
The statement of accounts and other accounts of the RPC relating to each financial year must be audited by the Comptroller and Auditor General. The Comptroller and Auditor General must send the RPC a copy of his report on the accounts audited under sub-paragraph (1). The RPC must send the Secretary of State— The Secretary of State must lay a copy of the documents sent to him under sub-paragraph (3) before Parliament.
In this Part “the relevant part of the closures guidance”—
in relation to a proposal to discontinue any railway passenger service or services, means the part of the closures guidance relating to the discontinuance of any such services that is applicable to that proposal;
in relation to a proposal to discontinue the operation of a network or part of a network, means the part of the closures guidance relating to the discontinuance of the operation of networks or parts of networks that is applicable to that proposal; and
in relation to a proposal to discontinue the use or operation of a station or part of a station, means the part of the closures guidance relating to the discontinuance of the use or operation of such stations or parts of such stations that is applicable to that proposal.
For the purposes of this Part the interim period, in relation to a proposal for the discontinuance of any service or services, or any network or station or part of a network or station, is a period ending—
in a case where the national authority forms the opinion in accordance with the criteria set out in the relevant part of the closures guidance that the proposal should not be allowed, with the proposal date; and
otherwise, as the case may be—
with the date on which notification is given to the person who made the proposal that the national authority has changed its opinion with respect to the proposal;
with the withdrawal of the proposal; or
four weeks after the date on which a closure ratification notice or closure non-ratification notice is issued by the Office of Rail and Road on any reference to it relating to the proposal.
The appropriate authority may by order designate a person as a railway funding authority if—
that person is a person on whom functions are conferred by or under any enactment; and
the appropriate authority is satisfied that that person, in the carrying out of those functions, provides financial assistance for purposes that are connected with railways or the provision of railway services.
“closure ratification notice” is to be construed in accordance with section 32(8);
In subsection (4), “appropriate authority”—
in relation to a person who provides no financial assistance for purposes mentioned in subsection (4)(b) other than— means the Scottish Ministers;
funding in relation to the provision of Scotland-only services,
Scottish majority funding in relation to cross-border services, or
funding in relation to the operation or use of a network or station, or part of a network or station, that is wholly in Scotland,
in any other case, means the Secretary of State.
in relation to a person who provides no financial assistance for purposes mentioned in subsection (4)(b) other than— means the Welsh Ministers;
funding in relation to the provision of Wales-only services, or
funding in relation to the operation or use of a station, or part of a station, that is wholly in Wales and is a station to which subsection (5A) applies or part of such a station,
For the purposes of subsection (5)(a)(ii), a person provides Scottish majority funding in relation to particular services if—
the person is—
a body established by or under an Act of the Scottish Parliament; or
a body which has its principal office in Scotland; and
in relation to those services, the person provides more funding than is provided in aggregate by railway funding authorities.
An order under subsection (4) is subject to the negative resolution procedure.
In subsection (4)(a), “enactment” includes an enactment contained in an Act of the Scottish Parliament.
In this Part references to financial assistance include references to each of the following—
the making of grants or loans;
the giving of guarantees; and
investments in bodies corporate.
This subsection applies to a station at which the only scheduled calls made by any railway passenger service are those made by a railway passenger service provided under a Welsh franchise agreement or secured to any extent by the Welsh Ministers.
A railway operator may make bye-laws regulating one or more of the following—
the use and working of a relevant asset;
travel on or by means of a relevant asset;
the maintenance of order on relevant assets;
the conduct of persons while on relevant assets.
Those bye-laws may include, in particular—
bye-laws with respect to tickets issued for entry on relevant assets or for travel by railway or with respect to evasion of the payment of fares or other charges;
bye-laws with respect to the obstruction of a railway;
bye-laws with respect to any other interference with the working of a railway, with a relevant asset or with the provision of a railway service;
bye-laws prohibiting or restricting smoking in railway carriages and elsewhere;
bye-laws for the prevention of nuisance;
bye-laws with respect to the receipt and delivery of goods; and
bye-laws for regulating the passage of bicycles and other vehicles on footways and other premises controlled by the railway operator in question and intended to be used by those on foot.
Schedule 9 (which makes provisions about bye-laws under this section) has effect.
Bye-laws which— shall continue to have effect after the coming into force of that repeal as if every reference in those bye-laws to that Authority were a reference to the Secretary of State.
were made by the Strategic Rail Authority under section 219 of the 2000 Act, and
are in force immediately before the repeal of that section by this Act,
The Secretary of State may by order revoke or amend—
any bye-laws having effect in accordance with subsection (4); or
any bye-laws saved by the 2000 Act.
In subsection (5), “bye-laws saved by the 2000 Act” means bye-laws which—
were made (or have effect as if they were made) under section 67 of the Transport Act 1962 (c. 46) or section 129 of the 1993 Act;
were continued in force by paragraph 5(2) of Schedule 28 to the 2000 Act; and
are in force immediately before the commencement of this section.
The Welsh Ministers may by order revoke or amend any bye-laws falling within subsection (5)(a) or (b) to the extent that they regulate—
the use and working of a relevant asset that is a Welsh asset;
travel on or by means of such an asset;
the maintenance of order on such an asset; or
the conduct of persons while on such an asset.
In this section “railway operator” means an operator of a railway asset who is—
authorised to be the operator of that asset by a licence granted under section 8 of the 1993 Act; ...
exempt by virtue of section 7 of that Act or any other enactment from the requirement to be so authorised or
authorised to provide train services by a railway undertaking licence or a relevant European licence.
In this section “relevant asset”, in relation to a railway operator, means—
a railway asset of which he is the operator; or
any rolling stock not falling within paragraph (a) of which he has the management for the time being.
In this section “Welsh asset” means an asset (other than an asset that is part of a network) that is—
permanently situated in Wales; or
used only in Wales.
In section 130 of the 1993 Act (penalty fare regulations), in subsection (1), for “The Secretary of State may by regulations” substitute “ The Secretary of State and the Scottish Ministers shall each have power by regulations to ”.
After subsection (1) insert—
After subsection (11) insert—
The Scottish Ministers shall have power to prepare, and from time to time to revise, a code of practice for protecting the interests of users of relevant Scottish services who are disabled.
The Scottish Ministers must publish a code prepared by them under this section, and every revision of it, in such manner as they consider appropriate.
Before preparing or revising a code under this section the Scottish Ministers must consult the Disabled Persons Transport Advisory Committee established under section 125 of the Transport Act 1985 (c. 67).
In this section “relevant Scottish service” means—
a railway passenger service provided under a Scottish franchise agreement;
a railway passenger service not falling within paragraph (a) which is a Scotland-only service or (without being such a service) is a service the provision of which is secured by the Scottish Ministers; or
a station service provided in relation to a station in Scotland at which a service falling within paragraph (a) or (b) makes a scheduled call.
The Welsh Ministers may prepare, and from time to time to revise, a code of practice for protecting the interests of users of relevant Welsh services who are disabled.
The Welsh Ministers must publish a code prepared by them under this section, and every revision of it, in such manner as they consider appropriate.
Before preparing or revising a code under this section the Welsh Ministers must consult the Disabled Persons Transport Advisory Committee established under section 125 of the Transport Act 1985.
In this section “relevant Welsh service” means—
a Wales-only service which is provided under a Welsh franchise agreement or secured by the Welsh Ministers;
a Welsh component of a Welsh service which is provided under a Welsh franchise agreement or secured by the Welsh Ministers;
a station service provided in relation to a station at which scheduled calls are made only by—
a Wales-only service which is provided under a Welsh franchise agreement or secured by the Welsh Ministers, or
a Welsh component of a Welsh service which is provided under a Welsh franchise agreement or secured by the Welsh Ministers.
In subsection (6) of section 59 of the 1993 Act (interpretation of expressions used in connection with railway administration)—
after “Part—” insert—
after paragraph (b) insert—
In subsection (1) of section 60 (petition for railway administration order), for the words from the beginning to the end of paragraph (b) substitute—.
After that subsection insert—
In each of the following provisions of the 1993 Act, for “Secretary of State”, wherever occurring, substitute “ appropriate national authority ”, namely—
section 61(1)(a)(i) and (2)(a) (notice and power to petition for railway administration order in the case of a winding-up petition);
section 62(2)(a)(i), (3)(a), (5)(a)(i), (6)(a) and (7)(a) (notice and power to petition for railway administration order in the case of voluntary winding-up and other insolvency proceedings); and
paragraphs 3, 7, 9 and 10 of Schedule 6 (modifications of the Insolvency Act 1986 (c. 45)).
In paragraph 1 of Schedule 6 to the 1993 Act, before the “and” at the end of paragraph (a) insert—.
In paragraphs 7(4), 8, and 10(5) of Schedule 6 to the 1993 Act, for “the Strategic Rail Authority” substitute “ the appropriate national authority ”.
In paragraph 2 of Schedule 7 to the 1993 Act (making and modification of transfer schemes in connection with railway administration orders), for each of the following substitute “ the appropriate national authority ”, namely—
in sub-paragraph (2), the words from “the Secretary of State” onwards;
in sub-paragraphs (4) and (5), “the Secretary of State”, wherever occurring;
in sub-paragraph (6), “the Secretary of State or Authority”, in each place, and “the Secretary of State or the Authority”; and
in sub-paragraph (7), the words from “the Secretary of State or, in” to “the Authority” and “the Secretary of State or Authority”.
In that paragraph—
in sub-paragraph (3), for the words from “the Secretary of State”, where first occurring, to “or Authority” substitute “ “the appropriate national authority, it ”; and
in sub-paragraph (6), for “his” substitute “ the appropriate national authority's ”.
After sub-paragraph (8) of that paragraph insert—
Where a railway administration order is in force immediately before the commencement of this section in relation to a Scottish protected railway company, things done by or in relation to the Secretary of State for the purposes of or in connection with that order and by virtue of — are to have effect, so far as necessary for giving them continuing validity and effect, as if done by the Scottish Ministers.
any provision of sections 59 to 62 of the 1993 Act, or
any provision of Schedule 6 or 7 to that Act, or of the Insolvency Act 1986 (c. 45) as modified by Schedule 6 to the 1993 Act,
The power to amend Schedule 6 to the 1993 Act under section 249 of the Enterprise Act 2002 (c. 40) applies to the modifications of that Schedule by this Act, as it applies to that Schedule.
In section 63 of the 1993 Act (financial assistance by the Secretary of State where railway administration orders made)—
in subsection (1), after “a company” insert “ other than a Scottish protected railway company ”; and
in subsection (2), for the words from “in relation to which” onwards substitutewhere that company—
After section 64 of that Act insert—
It shall be the duty of the Office of Rail and Road to comply with every reasonable requirement of the Secretary of State—
to provide him with information or advice about a matter connected with a function or other activity of his in relation to railways or railway services;
to provide him with information or advice about a matter relevant to the railway safety purposes; or
otherwise to provide him with assistance in relation to a matter that is connected with such a function or activity or is relevant to those purposes.
It shall be the duty of the Office of Rail and Road to comply with every reasonable requirement of the Scottish Ministers—
to provide them with information or advice about a matter connected with a function or other activity of theirs in relation to railways or railway services; or
otherwise to provide them with assistance in relation to a matter that is connected with such a function or activity.
It shall be the duty of the Office of Rail and Road to comply with every reasonable requirement of the Welsh Ministers—
to provide them with information or advice about a matter connected with a function or other activity of theirs in relation to railways or railway services; or
otherwise to provide them with assistance in relation to a matter that is connected with such a function or activity.
References in this section to the functions of a person in relation to railways or railway services include references, in particular, to all that person's functions under Part 1 of the 1993 Act, Part 4 of the 2000 Act or this Act.
In this section “railway safety purposes” has the same meaning as in Schedule 3.
It shall be the duty of a Passenger Transport Executive to comply with every requirement of the Secretary of State to provide him with advice about a matter connected with a function or other activity of his in relation to railways or railway services.
A Passenger Transport Executive are not required to do anything under this section to the extent that it would involve an unreasonable administrative burden for the Executive.
In determining the extent to which anything would involve an unreasonable administrative burden regard must be had (where relevant) to so much of whatever else the Passenger Transport Executive are required to do under this section as they have accepted does not involve such a burden.
References in this section to the functions of the Secretary of State in relation to railways or railway services—
include references, in particular, to all his functions under Part 1 of the 1993 Act, Part 4 of the 2000 Act or this Act; but
do not include references to any functions of his so far as they are exercisable, or fall to be performed, for or in connection with the railway safety purposes (within the meaning of Schedule 3).
Schedule 10 (which makes taxation provision in relation to transfer schemes under sections 1(2) and 12) has effect.
In sections 118 and 119 of the 1993 Act (powers in emergency and security powers etc.), at the end of subsection (11), in each case, insert “ with “railway” having its wider meaning for the purposes of this section. ”
After section 119(5) of that Act insert—
“terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11) (see section 1 of that Act);
Schedule 11 (which makes further miscellaneous minor and consequential amendments of the 1993 Act) has effect.
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State for or in connection with the carrying out of any of his functions under this Act; and
any increase attributable to this Act in the sums which are payable out of money so provided under any other Act.
Sums received by the Secretary of State by virtue of any of the following provisions of this Act must be paid into the Consolidated Fund—
section 6;
section 10(6);
section 13(3);
paragraph 7 of Schedule 5.
Every power conferred by this Act on the Secretary of State, the Welsh Ministers or the Scottish Ministers to make an order or regulations is a power exercisable by statutory instrument.
Where— the statutory instrument containing the order or regulations shall be subject to annulment in pursuance of a relevant resolution.
this Act provides for an order or regulations to be subject to the negative resolution procedure, and
a draft of the order or regulations is not required, in accordance with subsection (4) or any other enactment, to have been laid before Parliament and approved by a resolution of each House, or by a resolution of the House of Commons, or of the National Assembly for Wales or of the Scottish Parliament,
In subsection (2) “a relevant resolution”—
in relation to an order or regulations made by the Secretary of State, means a resolution of either House of Parliament;
in relation to an order or regulations made by the Scottish Ministers, means a resolution of the Scottish Parliament; ...
in relation to an order made by the Secretary of State and the Scottish Ministers jointly, means a resolution of either House of Parliament or of the Scottish Parliament.
in relation to an order or regulations made by the Welsh Ministers, means a resolution of the National Assembly for Wales; and
in relation to an order made by the Secretary of State and the Welsh Ministers jointly, means a resolution of either House of Parliament or of the National Assembly for Wales.
Where this Act specifies that a power to make provision of a particular description by order is subject to the affirmative resolution procedure, no order may be made containing provision of that description (with or without other provision) unless a draft of the order has been—
laid before Parliament; and
approved by a resolution of each House.
Subject to subsection (6), every power under this Act of the Secretary of State, the Welsh Ministers or the Scottish Ministers to make an order or regulations includes power—
to make different provision for different cases (including different provision in respect of different areas);
to make provision subject to such exemptions and exceptions as the person exercising the power thinks fit; and
to make such incidental, supplemental, consequential and transitional provision as that person thinks fit.
Subsection (5) does not apply to the power of the Secretary of State to make an order under section 60(2).
In this Act—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of the definition of “Welsh component of a Welsh service” in subsection (1) the following parts of a service are excluded—
any part of the service after the last scheduled call wholly in Wales before each occasion when the service leaves Wales;
any part of the service before the first scheduled call wholly in Wales after each occasion when the service enters Wales; and
any part of the service between two scheduled calls not wholly in Wales where there is no intervening scheduled call wholly in Wales.
In this Act—
“Welsh component of a Welsh service” means a Welsh service (other than a Wales-only service) so far as it involves the carriage of passengers by railway in Wales, but not any part of the service excluded by subsection (1A);
In section 30 of the 1993 Act (operator of last resort to provide or secure provision of service where no franchise agreement), for “Authority”, wherever occurring, substitute “relevant franchising authority”. Subsection (1)(a) shall cease to have effect. In subsection (2), for “begin (or again begin) to be provided” substitute “begin to be provided again”. After subsection (3) of that section, insert— Where immediately before the commencement of this paragraph any service is being provided or secured by the Strategic Rail Authority by virtue of section 30 of the 1993 Act, that section is to have effect after the commencement of this paragraph as if—
Section 71A of the 1993 Act (duty to investigate contraventions of consumer protection conditions) shall cease to have effect.
An expression which is given a meaning by any provision of the 1993 Act for the purpose either of that Act or of Part 1 of it has the same meaning in this Act as in that Act or (as the case may be) that Part.
In this Act a reference to an Integrated Transport Authority or a Passenger Transport Authority, to a Passenger Transport Executive or to an integrated transport area or a passenger transport area is a reference to the authority, executive or area which is such an Authority, Executive or area for the purposes of Part 2 of the Transport Act 1968 (c. 73).
For the purposes of this Act a company is wholly owned by a person at any time when it has no members other than one or more persons falling within the following paragraphs—
that person;
a company which is wholly owned by that person;
a person acting on behalf of that person or of such a company.
For the purposes of this Act a company is jointly owned by two or more persons (“the relevant persons”) at any time when (without being wholly owned by a person) it has no members other than two or more persons falling within the following paragraphs—
the relevant persons;
a company which is jointly owned by two or more of the relevant persons or which is wholly owned by one of them;
a person acting on behalf of one or more of the relevant persons or of such a company.
Schedule 12 (which contains consequential and minor amendments) has effect.
The Secretary of State may make a scheme making such modifications of the provisions of any licence or licence exemption granted under section 7(3) of the 1993 Act as appear to him to be necessary or expedient in consequence of any provision falling within subsection (3) by virtue of which—
functions are transferred (with or without modifications) from one person to another; or
functions corresponding (with or without modifications) to functions previously conferred on one person become functions of another.
Those provisions are—
section 1 and Schedule 1;
section 2 and Schedule 3;
section 21 and Schedule 6; and
section 48.
A scheme under subsection (2) may include provision for things done by or in relation to a person who previously had a function to be treated as done by or in relation to the person on whom that function, or the corresponding function, is conferred by virtue of this Act.
Where a scheme under subsection (2) makes a modification of the provisions of a licence or licence exemption, the Secretary of State must—
in the case of a modification of the provisions of a licence, notify the licence holder; and
in the case of a modification of the provisions of a licence exemption granted under section 7(3) of the 1993 Act, give such notice as he considers appropriate for bringing the modification to the attention of persons likely to be affected by it.
The provisions in Part 1 of Schedule 13 (which include some that are spent) are repealed to the extent shown in the second column of that Part.
Subsections (2) to (5) have effect in relation to a railway undertaking licence and a holder of a railway undertaking licence as they have effect in relation to a licence and a licence holder respectively.
Those repeals have effect subject to the savings in Part 2 of that Schedule.
This Act may be cited as the Railways Act 2005.
This Act (apart from this section and section 56(1)) shall come into force on such day as the Secretary of State by order appoints; and different days may be appointed for different purposes.
The Secretary of State may by order make such transitional provisions and savings in connection with the bringing into force of— as he thinks fit.
section 21,
Part 4 of this Act, or
the repeal of sections 37 to 49 of the 1993 Act or of Schedule 5 to that Act (closures),
An order containing provision made by virtue of subsection (3) is subject to the negative resolution procedure.
The following provisions of this Act extend to England and Wales only—
section 13;
section 39; and
section 52.
This Act does not extend to Northern Ireland.
Section 1
Section 83(1) of the 1993 Act (expressions defined for the purposes of that Act, Part 4 of the 2000 Act and this Act) is amended as follows. “cross-border service” means a railway passenger service starting either in England and Wales or in Scotland and ending, or otherwise making at least one scheduled call, in the other; “scheduled call”, in relation to a service or journey, means a scheduled stop at a station for the purpose of allowing passengers to join or leave the service or train (including the stops where the service or journey starts and ends); “Scotland-only service” means a railway passenger service which starts and ends in Scotland and is not a cross-border service; “Scottish franchise agreement” means a franchise agreement the franchised services under which—
Sections 1 and 12
Section 2
starts and ends in Wales and does not make any other scheduled calls outside Wales; ...
Where the Secretary of State considers that any of his statutory or other functions can appropriately be carried out by the Office of Rail Regulation in connection with the carrying out of its safety functions, he and that Office may enter into an agreement for that Office to carry out those functions on his behalf. Where the Secretary of State considers that any of the statutory or other functions of— can appropriately be carried out by the Office of Rail Regulation in connection with the carrying out of its safety functions, he may authorise the Office and that department or authority to enter into an agreement for that Office to carry out those functions on behalf of that department or authority. An agreement under this paragraph—
A consultation under this Schedule about a proposal—
must be initiated as follows; and
thereafter must be carried out in accordance with the closures guidance.
In this Schedule “the initial assessment” means the assessment relating to the proposal that has been carried out under section 22(5), 23(5), 24(6), 25(4), 26(5), 27(5), 28(5), 29(5), 30(5) or 31(5).
The 1993 Act is amended as follows.
In paragraph (b) of section 30(3) (duty of Authority in absence of franchise)—
for “giving notice under subsection (5) of section 38 below” substitute “making a proposal to which section 24 of the Railways Act 2005 (proposals to discontinue franchised or secured services) applies”; and
for the words from “subsections (5) and (6)” to the end of the paragraph substitute “subsections (7) and (8) of that section) terminate on the proposal date specified for the purposes of subsection (5)(a)(ii) of that section; or”.
In subsection (9) of section 55 (interpretation of provision relating to orders for securing compliance), for “section 50 above” substitute “section 44 of the Railways Act 2005 (exclusion of liability for breach of statutory duty)”. In subsection (10) of that section, in the definition of “final order”, after “provisional order” insert “or an order under subsection (7B)”. In that subsection, in the definition of “relevant condition or requirement”, for paragraphs (c) and (d) substitute—. “relevant operator” means— In subsection (11) of that section, for paragraphs (a) and (b) substitutewho is under— After that subsection insert—
In section 73(2) (matters to be entered in the register)— Neither this paragraph nor any repeal made by this Act requires the removal of anything from the register maintained under section 73.
In subsection (1) of section 136 (competent authorities in relation to railways financial status regulations), for “shall continue to” substitute “and the Scottish Ministers shall each”. In subsection (2) of that section (competent authority in respect of freight services for the purposes of the public service obligation regulations), for “shall be” substitute “, the Scottish Ministers and, to the extent specified in subsection (2A) below, the National Assembly for Wales shall each be”. After that subsection insert— In subsection (3) of that section (competent authority in respect of passenger services for the purposes of the public service obligation regulations), after paragraph (a) insert—. After that subsection insert— In subsection (4) of that subsection (extent to which a PTE are a competent authority), for paragraphs (a) and (b) substitute “which the Executive provide, or secure are provided, in exercise of their powers under section 10(1) of the Transport Act 1968 or section 13 of the Railways Act 2005”. Sub-paragraph (6) shall not affect the extent to which the competent authorities for the purposes of the public service obligations regulations include a Passenger Transport Executive in relation to railway passenger services provided under a franchise agreement to which the Executive continues to be a party by virtue of section 14(2) of this Act.
In section 14(1) of the Chronically Sick and Disabled Persons Act 1970 (miscellaneous advisory committees), for “Rail Passengers' Committees,” substitute “or”.
Section 1 of the Level Crossings Act 1983 is amended as follows. In subsection (6A) of that section (duty of the operator of a level crossing to make a request to the Secretary of State for an order where the HSE gives written notice to the operator that a request should be made), for “Health and Safety Executive” substitute “Office of Rail Regulation”. In subsection (10B) of that section (duty of the Secretary of State to take account of advice given by or on behalf of the HSC), for “Health and Safety Commission” substitute “Office of Rail Regulation”.
In section 74 of the Airports Act 1986 (restriction on disclosure of information), in subsection (3), at the end insert—
Section 37 of the Deregulation and Contracting Out Act 1994 (power to repeal certain health and safety provisions) is amended as follows. In subsection (2) of that section— In subsections (3) and (4) of that section, for the words from “the Health”, in the first place where they occur in each subsection, to “Ireland” substitute “the required consultee”. After subsection (4) of that section, insert—
In paragraph 3 of Schedule 7 to the Postal Services Act 2000 (disclosure of information), in sub-paragraph (3), after paragraph (gj) insert—.
The Enterprise Act 2002 is amended as follows. In subsection (4) of section 168 (duty of Competition Commission and the Secretary of State in relation to regulated markets)— In subsection (5) of that section, for paragraph (j) substitute— Railways Act 2005 (c. 14)
In this Schedule “the area affected”, in relation to a proposal, means—
in the case of a proposal for the discontinuance of railway passenger services on a particular line or from a particular station, the area in which the line or station is situated;
in the case of a proposal relating to a network, or part of a network, the area in which the network, or part of a network, is situated;
in the case of a proposal relating to a station, or part of a station, the area served by the station, or that part.
In section 57F(1) (validity and effect of penalties), for “penalty order” substitute “penalty notice”.
A newspaper is to be regarded as a national newspaper for the purposes of paragraph 2(1)(b) as it applies in relation to a proposal if— For the purposes of this paragraph, a service operates entirely in England, entirely in Wales or entirely in Scotland if it begins and ends in, and does not make any other scheduled call outside, England, Wales or (as the case may be) Scotland.
“the 1993 Act” means the Railways Act 1993 (c. 43);
Where the Office of Rail Regulation considers that any of its safety functions can appropriately be carried out— that Office and the department or authority may enter into an agreement for the department or authority to carry out those functions on that Office’s behalf. An agreement under this paragraph may include provision for payments to be made by the Office of Rail Regulation to a government department or public authority for the carrying out of the functions that it is authorised or required to carry out under the agreement.
The Office of Rail Regulation may serve a notice under this paragraph on any person for the purpose of obtaining information which that Office needs for the carrying out of its safety functions. A notice under this paragraph is one requiring the person on whom it is served— The consent of the Secretary of State is required for the service of a notice under this paragraph. The consents that may be given for the purposes of sub-paragraph (3) include a general consent relating to notices of a specified description. Nothing in the Statistics of Trade Act 1947 (c. 39) is to be construed as preventing or penalising the disclosure by a Minister of the Crown or government department to— of information falling within sub-paragraph (6) about an undertaking (within the meaning of that Act). Information about an undertaking falls within this sub-paragraph if it consists of— A person to whom a disclosure that is authorised by sub-paragraph (5) is made must not use the information except for the purposes of the safety functions of the Office of Rail Regulation. It is an offence for a person— A person guilty of an offence under sub-paragraph (8) shall be liable— Section 52 of the 1974 Act (meaning of “work” and related expressions) applies for the purposes of this paragraph as it applies for the purposes of Part 1 of that Act.
The effect of the preceding provisions of this Schedule is to be disregarded in determining for the purposes of section 1 of the Regulatory Reform Act 2001 (power by order to make provision reforming law which imposes burdens) whether any provision of the 1974 Act falls within subsection (4)(a) of that section (provision amended by Act within previous two years).
The RPC must pay to every member, other than the one appointed by the London Assembly, the remuneration and allowances that are provided for by the terms and conditions of his appointment. The London Transport Users' Committee must pay to the member appointed by the London Assembly the remuneration and allowances that are provided for by the terms and conditions of his appointment. The RPC must pay, or make provision for paying, to or in respect of every member, other than the member appointed by the London Assembly, such sums by way of pensions or allowances as are payable in accordance with his terms and conditions of appointment. The London Transport Users' Committee must pay, or make provision for paying, to or in respect of the member appointed by the London Assembly such sums by way of pensions or allowances as are payable in accordance with his terms and conditions of appointment. If— the RPC must make a payment to that person of such amount as the Secretary of State determines.
The Secretary of State may give a direction to the RPC requiring it to pay him a sum specified in the direction. Before giving a direction under sub-paragraph (1), the Secretary of State must consult—
As soon as practicable after the end of each financial year, the RPC must make a report on its activities during that year. In preparing its annual report the RPC must have regard to the desirability of excluding from the report, so far as practicable— The RPC must send a copy of every annual report under this paragraph to each of the following— The RPC may also arrange for a copy of its annual report for a financial year to be published in such manner as it considers appropriate. The Secretary of State must lay before Parliament a copy of every annual report a copy of which has been sent to him under this paragraph. The Scottish Ministers must lay before the Scottish Parliament a copy of every annual report a copy of which has been sent to them under this paragraph.
The RPC may do anything that appears to it to be likely to facilitate the carrying out of its functions, or to be conducive or incidental to the carrying out of those functions. The RPC may make charges for services or facilities that it provides or makes available at a person’s request and otherwise than in performance of a duty to do so.
The person carrying out the consultation must— Those persons are— The person carrying out the consultation must require every operator of a station in the area affected by the proposal to whom he sends a copy of a notice under sub-paragraph (1) to secure that a copy of it is published by being displayed at that station until the end of the interim period. An order under sub-paragraph (2)(i) is subject to the negative resolution procedure. In the case of a consultation carried out for the purposes of section 25, sub-paragraph (2) has effect with the omission of paragraph (j). In this paragraph “local authority”—
The service operator— The notice must set out— The proposal date must be not less than six weeks after the notice is last published in a local newspaper for the purposes of sub-paragraph (4). A notice under this paragraph is published in the required manner if it is published, in two successive weeks— The service operator must send a copy of every notice published under this paragraph— and must require every such operator to publish the notice by displaying it at the stations he operates in that area. In this paragraph a reference to the area affected by the proposal is a reference to the area in which is situated the line or station referred to in paragraph 1(1).
After— the Mayor of London must decide whether or not to consent to the proposed closure. If any of the services to which the proposed closure relates operates in any area outside Greater London, the Mayor of London must, before deciding whether to consent to the proposed closure, consult the local authority for each such area. At any time after the period for making objections the Mayor of London may make that decision without receiving a report or further report if— The Mayor of London may give his consent subject to such conditions as he thinks fit. The Mayor of London may at any time vary or revoke conditions that are for the time being required to be complied with. Where the Mayor of London gives his consent to a proposed closure, he must— In this paragraph a reference to the area affected by the closure is a reference to the area in which is situated the line or station referred to in paragraph 1(1). In this paragraph “local authority” means a county council, a community council or council for a district in an area for which there is no county council.
Section 4
Section 19
In this Schedule—
Section 21
carries passengers at separate fares, and
In that Act, after the section 252A inserted by paragraph 2 of this Schedule, insert—
If the appropriate national authority has confirmed bye-laws—
copies of the bye-laws must be printed;
at least one copy must be kept at the principal offices of the railway operator who made them;
the railway operator must send one copy to the appropriate national authority; and
the railway operator must supply one copy (free of charge) to every person who applies for a copy or for more than one copy.
Stamp duty is not to be chargeable— But where, by virtue of sub-paragraph (1), stamp duty is not chargeable on a scheme or instrument, the scheme or instrument is to be treated as duly stamped only if— In this paragraph, “instrument” has the same meaning as in the Stamp Act 1891.
Neither the power of the Secretary of State to make a scheme under section 1(2) nor the power of the Secretary of State or the Scottish Ministers to make a scheme under section 12 is to be regarded as constituting—
arrangements falling within section 410(1) or (2) of the Taxes Act (arrangements for transfer of company to another group or consortium); or
option arrangements for the purposes of paragraph 5B of Schedule 18 to that Act.
in relation to a franchise agreement the franchised services under which consist of Wales-only services, the Welsh Ministers;
Sections 22 to 31
Section 25
Section 46
Section 53
In this Schedule— So far as it relates to corporation tax this Schedule is to be construed as one with the Corporation Tax Acts. So far as it relates to capital allowances this Schedule is to be construed as one with the 2001 Act.
Section 54
Section 59
Section 59
Short title and chapter Extent of repeal Ministry of Transport Act 1919 (c. 50) Section 17(1)(a). Transport Act 1962 (c. 46) In section 43— in subsections (1), (2) and (5), the words “or the Strategic Rail Authority”; in subsection (3), the words “and the Strategic Rail Authority”. In section 56— in subsection (4), the words from “and copies” to the end; subsection (5); in subsection (6ZA), the words “in the case of any Rail Passengers' Committee” and the words “that Rail Passengers' Committee and”; subsection (20). Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2, the entries relating to Rail Passengers' Committees and to the Strategic Rail Authority. Transport Act 1968 (c. 73) In section 10(1), paragraphs (vi) and (viza). In section 15(1)(d), the words from “otherwise” onwards. In section 20— in subsection (2), the words from the beginning to “9A(3) of this Act” and paragraph (b) and the word “and” immediately preceding it; subsections (3) to (7). In section 56(2B), the definition of “franchising functions”. Superannuation Act 1972 (c. 11) In Schedule 1, in the list of “Other Bodies”, the entry relating to the Strategic Rail Authority. Health and Safety at Work etc. Act 1974 (c. 37) In section 18(5), the words “or by regulations under subsection (2) above”. Section 78(7)(c). House of Commons Disqualification Act 1975 (c. 24) In Schedule 1— in Part 2, the entry relating to the Strategic Rail Authority; in Part 3, the entry relating to a member of a Rail Passengers' Committee in receipt of remuneration. Northern Ireland Assembly Disqualification Act 1975 (c. 25) In Part 2 of Schedule 1, the entry relating to the Strategic Rail Authority. Race Relations Act 1976 (c. 74) In Part 2 of Schedule 1A, the entry relating to the Strategic Rail Authority. Transport Act 1985 (c. 67) In Schedule 3, paragraph 13. Channel Tunnel Act 1987 (c. 53) In section 41(1)(a), the words “and each of the Rail Passengers' Committees”. Railways Act 1993 (c. 43) Section 2. Section 3. In section 4— in subsection (3)(a), the words from “taking into account” to “Executive”; in subsection (3A), paragraph (a) and, in paragraph (b), the words “and 37 to 50”; in subsection (5)(d), the words “London Regional Transport”. In section 7— in subsections (1) and (3), the words “and the Authority”, in each place; subsections (5A), (6A) and (8A). Section 7A. In section 8— in subsection (1)(a), the words “and the Authority”; in subsection (1)(b), the words “given after consultation with the Authority”; in subsection (2), paragraph (a); in subsection (7)(a), the words “, to the Authority and to the Health and Safety Executive”; in subsection (7)(b), the words “and to the Health and Safety Executive; in subsection (8), the words “and the Authority”. In section 10(4), the definition of “call”. In section 11— in subsection (2)(b), the words “and the Authority”; in subsection (4), the words “or persons”. In section 12— subsections (1A) to (1C); in subsection (3), the words “(1B) or” and “the Authority or”; subsection (4). Section 13(1A) to (1C). Section 14(5A). In section 15— subsections (1B) and (3A); in subsections (2), (4A), (4B), (4C) and (4D), the words “or Authority”, wherever occurring; in subsection (4) the words “or (3A)” and “or the Authority”; subsection (5). In section 15A(1), the words “or Authority”. In section 15B— in subsection (1)(b), the words “or required to be made by the Authority”; in subsection (5), the words “the Authority and the Health and Safety Executive”. In section 15C(3), the words “and the Authority”, and “each”. In section 16(3), the words “to the Authority and to the Health and Safety Executive”. Section 23(2B). In section 24(3), the words “and the Authority”. Section 26(4). In section 30(1)— paragraph (a); and in paragraph (b), the words “(otherwise than because of such a direction)”. Sections 34 and 35. Sections 37 to 49. Section 50(1)(a) and (2). In section 54(3), the definition of “franchising functions” in relation to a Passenger Transport Authority or Passenger Transport Executive. In section 55— in subsection (5), the words “or, as the case may be, section 207 of the Transport Act 2000”; in subsection (10), in paragraph (a) of the definition of “the appropriate authority”, the words “apart from a condition which relates to consumer protection,”; in that subsection, in paragraph (d) of the definition of “relevant condition or requirement”, the words “(other than the Authority)”. In section 59(6)(a), the “and” at the end of sub-paragraph (ii). In section 61— in subsection (1), sub-paragraph (ii) of paragraph (a); in subsection (2), paragraph (b) and the word “or” immediately preceding it. In section 62— in subsection (2), sub-paragraph (ii) of paragraph (a); in subsection (3), paragraph (b) and the word “or” immediately preceding it; in subsection (5), sub-paragraph (ii) of paragraph (a); in subsection (6), paragraph (b) and the word “or” immediately preceding it; in subsection (7), paragraph (b) and the word “and” immediately preceding it. In section 63(2), the words “in such manner and on such conditions as he may think fit”. In section 67(6), sub-paragraph (i) of paragraph (b). In section 68(1)(a), the words “which does not relate to consumer protection”. Section 69(4). Section 71A. In section 72(1), the words “for the purposes of this Part”. In section 73— in subsection (1), the words “for the purposes of this Part”; in subsection (2), in paragraph (e), the words “a licence or”, and paragraphs (h) to (m); subsections (5) and (6). Section 75. In section 76— subsection (3); in subsection (6)(a), the words “and the Authority”; subsection (8). Section 77. Section 79. In section 83— in subsection (1), the definitions of “closure consent” and “notice period”; subsection (3). In section 118— subsection (1) (b); in subsection (3), the words “or the Authority”; in subsection (5), the words “and the Authority” and “each”; in subsection (9), the words “and the Authority”. Section 130(5), (6) and (10). In section 136— subsection (3)(b); in subsection (6), the words “and the Authority” and “each”; in subsections (7) and (10), the words “or the Authority”, wherever occurring. In section 144(1), the words from “and a Passenger Transport Executive” onwards. In section 145— the words “the Authority”, wherever occurring; subsection (7). In section 151— the definition of “the Authority”; the words “the Authority”, wherever occurring; subsection (3). Schedule 2. Schedule 3. In Schedule 4A— paragraph 3; in paragraph 7(4)(b), the words “the Authority and the Health and Safety Executive”; paragraph 10. Schedule 5. In Schedule 6— in paragraph 3, in the substituted section 13(3), paragraph (b); in paragraph 7(2), in the substituted section 18(1)(b), the words from “or, if” to “consent of the Secretary of State”; in paragraph 9, in each of subsections (1) and (2A) of the substituted section 23, paragraph (c); in paragraph 10(2), in the substituted section 27(1A), the words from “or, if” to “consent of the Secretary of State”. In Schedule 11, in paragraph 1(1), in the definition of “eligible persons”, paragraph (a)(ia). Railway Heritage Act 1996 (c. 42) Section 1(a) and (b). In section 2(2)(a), the words “the Authority with the approval of”. Channel Tunnel Rail Link Act 1996 (c. 61) Section 19(2), (5) and (6). Section 42A. Greater London Authority Act 1999 (c. 29) In section 175(1), the words after paragraph (b). Sections 196 and 197. In section 199(1), the words “and the Strategic Rail Authority”. Section 201. Sections 203 and 204. In section 235(2)(b), the words “the Strategic Rail Authority,”. Section 252(1). In Schedule 19, paragraph 5. Freedom of Information Act 2000 (c. 36) In Part 6 of Schedule 1, the entries relating to any Rail Passengers' Committee established under section 2(2) of the Railways Act 1993 and to the Strategic Rail Authority. Transport Act 2000 (c. 38) Sections 201 to 211. Section 212(4). Sections 213 and 214. Section 217(2). Sections 218 to 222. Section 224(2)(b). Section 226(1)(c) and the word “and” immediately preceding it. In section 227— subsection (1); in subsection (3), the words from “and such references” to the end. In section 228— in subsection (2), the words “of each of those sections”; in subsection (3), paragraph (b) and the word “and” immediately preceding it; subsection (5). Sections 234 to 239. Section 246. In section 248(3), the words “or it”. Section 249. Section 251. In section 278— in subsection (2), paragraph (b) and the word “or” immediately preceding it; in subsection (3), paragraph (b) and the word “or” immediately preceding it. Schedules 14 and 15. In Schedule 16— paragraphs 2 to 7; paragraphs 9 to 13; paragraph 14(2), (3)(a) and (4); paragraph 15; paragraph 16(2) and (3)(a); paragraph 17(2)(a), (3), (4)(a) and (5)(a); paragraph 18(2)(a) and (3); paragraphs 19 to 33; paragraph 34(2)(a), (3) and (4)(a), (b) and (c); paragraph 35(3)(b), (4) and (5); paragraphs 39 to 42; paragraphs 44 to 48; paragraph 49(2), (3)(a), (4) and (5); paragraph 50; paragraph 51(2), (4) and (5); paragraphs 52 and 53; paragraph 59; paragraphs 61 and 62. paragraph 64; paragraph 66. In Schedule 17— paragraph 2(2) to (5), (7) and (8); paragraph 3; paragraph 4(2)(a) and (5)(a); paragraph 6(2), (3)(a), (4) and (5); paragraph 7(2) to (4), (5)(a), (6)(a), (7) and (8)(a); paragraph 8(2), (3)(a), (4) and (5); paragraph 9(4)(b) and (6) to (8); paragraph 10; paragraph 11(3); paragraphs 13 and 14; paragraph 16(b) and the word “and” immediately preceding it; paragraphs 18 and 19; paragraph 20(2) and (5); paragraphs 21 to 27; paragraphs 29 and 30; Part 3. In Schedule 18— paragraphs 1 to 3; paragraph 6(2) and (3)(a); Part 2. Schedules 19 to 21. In Schedule 22— paragraphs 2 to 7; in paragraph 8, sub-paragraph (4)(b) and, in sub-paragraph (10), the words “and Rail Passengers' Committees”; paragraphs 9 to 14; paragraph 15(2)(c) to (e), (3), (4)(a), (5) and (6); paragraph 18; paragraph 22; paragraph 23(a). In Schedule 23, paragraphs 1 to 9. In Schedule 25, in paragraph 15, the words “and the Authority”. In Schedule 27— paragraph 1(4) to (6); paragraphs 2 to 5; paragraph 14; paragraph 24(3); paragraphs 25 to 29; paragraph 30(2); paragraph 35; paragraph 39(3) and (5); paragraph 41(2); paragraph 43; paragraphs 46 and 47; paragraph 55; paragraph 58; paragraphs 60 and 61; paragraph 62(5) and (6). In Schedule 28— paragraph 1; paragraph 4; in paragraph 5(2), the words from “; but the Authority” to the end. paragraph 6; in paragraph 7, in sub-paragraph (1), the words “, as inserted by section 225(1),”, and in sub-paragraph (2), the words “, as inserted by section 225(2),”; paragraphs 8 and 9; paragraphs 11 to 16. In Schedule 31, the entry relating to the Railway Heritage Act 1996. Enterprise Act 2002 (c. 40) In section 168— in subsection (4), in paragraph (h), the words “where none of the conditions of the licence relate to consumer protection”, and paragraph (i); in subsection (5), the word “or” at the end of paragraph (i). Scottish Public Services Ombudsman Act 2002 (asp 11) In Part 2 of Schedule 2, paragraph 82. Railways and Transport Safety Act 2003 (c. 20) Section 62(1)(j), (m) and (n). In section 73(3)— paragraph (a); in paragraph (b), the words “(whether by the Strategic Rail Authority or by another person)”. Section 104. In Schedule 2— in the table in paragraph 3, the entries relating to sections 7A, 43, 46, 46A, 46B, 75, 77 and 79 and Schedules 2 and 3; paragraph 11; paragraph 16. In Schedule 4— paragraph 2(1)(d); paragraph 6(b) and the word “or” immediately preceding it.
The repeal of the entry relating to the Strategic Rail Authority in the list of “Other Bodies” in Schedule 1 to the Superannuation Act 1972 (c. 11) does not affect—
any pension, allowance or gratuity granted before the coming into force of the repeal to or in respect of a person by virtue of his employment with the Strategic Rail Authority; or
any right or entitlement to the grant of a pension, allowance or gratuity accruing before that coming into force to or in respect of a person by virtue of that employment.
The repeal of section 219 of the 2000 Act has effect subject to section 46(4).
The repeal of Part 3 of Schedule 17 to that Act does not affect the provisions of that Part in their application in relation to any transfer scheme made before the coming into force of the repeal.
The repeal of Schedule 19 to that Act does not affect the provisions of that Schedule in their application in relation to any transfer scheme made before the coming into force of the repeal.