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Railways Act 2005 (c. 14)

(The document as of February, 2008)

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Railways Act 2005

2005 CHAPTER 14

CONTENTS

Content
  1. Part 1

    Transfer of functions and railway strategy

    1. Transfer of functions

      1. 1. Transfer etc. of SRA functions and abolition

      2. 2. Transfer of safety functions to ORR

    2. Railway strategy

      1. 3. General duties under s. 4 of the 1993 Act

      2. 4. Use of access charges reviews for application of strategy

      3. 5. Railway strategy for Scotland

  2. Part 2

    Public sector funding authorities for railways

    1. Assisting and securing the provision of services

      1. 6. Financial assistance etc. from the Secretary of State

      2. 7. Notification of assistance from Secretary of State for freight services

      3. 8. Franchising and financial assistance in relation to Scotland

      4. 9. Notification of assistance from Scottish Ministers for freight services

      5. 10. Franchising and financial assistance in relation to Wales

      6. 11. Notification of assistance from Welsh Assembly for freight services

      7. 12. Transfer schemes at end of franchising agreements

    2. Passenger Transport Executives

      1. 13. Railway functions of Passenger Transport Executives

      2. 14. Repeals and savings relating to Passenger Transport Executives

    3. London

      1. 15. Duty of Secretary of State and Transport for London to co-operate

      2. 16. Relaxation of contractual restrictions on Transport for London

      3. 17. Membership of Transport for London

    4. Provision of service by provider of last resort

      1. 18. Qualification of duty in respect of services funded by others

  3. Part 3

    Rail Passengers' Council and Rail Passengers' Committees

    1. 19. The Rail Passengers' Council

    2. 20. Delegation of functions by Council

    3. 21. Rail Passengers' Committees

  4. Part 4

    Network modifications etc.

    1. Discontinuance of railway passenger services

      1. 22. Proposal by service operator to discontinue non-franchised services

      2. 23. Proposal by funding authority to discontinue non-franchised services

      3. 24. Proposals to discontinue franchised or secured services

      4. 25. Proposal to discontinue excluded services

    2. Discontinuance of operation of passenger networks

      1. 26. Proposal by operator to close passenger network

      2. 27. Proposal by funding authority to close passenger network

      3. 28. Proposal to discontinue operation of secured network

    3. Discontinuance of use or operation of stations

      1. 29. Proposal by operator to close station

      2. 30. Proposal by funding authority to close station

      3. 31. Proposal to discontinue operation of secured station

    4. References to the ORR

      1. 32. References to the ORR

      2. 33. Closure requirements

    5. Excluded proposals

      1. 34. Minor modifications

      2. 35. Closures eligible to be treated as minor modifications

      3. 36. Designation of experimental passenger services

      4. 37. Discontinuance of experimental passenger services

      5. 38. Services, networks and stations excluded by order

    6. Substitution services

      1. 39. Quality contracts schemes in connection with service modifications

      2. 40. Substitute road services

    7. Supplemental provisions of Part

      1. 41. Proposals by funding authorities

      2. 42. Closures guidance

      3. 43. Procedure relating to publication and modification of closures guidance

      4. 44. Exclusion of liability for breach of statutory duty

      5. 45. Interpretation of Part 4

  5. Part 5

    Further miscellaneous provisions

    1. Conduct and accessibility on railways

      1. 46. Bye-laws

      2. 47. Power of Scottish Ministers to make penalty fare regulations

      3. 48. Code of practice for disabled rail users in Scotland

    2. Railway administration orders for companies providing Scottish services

      1. 49. Functions of Scottish Ministers in relation to railway administration

      2. 50. Assistance by Scottish Ministers for companies in railway administration

    3. Duties of co-operation

      1. 51. ORR to assist and advise national authorities

      2. 52. Duty of Passenger Transport Executives to advise Secretary of State

  6. Part 6

    General and supplemental

    1. General

      1. 53. Taxation

      2. 54. Further amendments of the 1993 Act

    2. Supplemental

      1. 55. Expenses etc.

      2. 56. Powers exercisable by statutory instrument

      3. 57. Meaning of "Wales-only service" and "Welsh service"

      4. 58. General interpretation

      5. 59. Consequential amendments, transitional provisions and repeals

      6. 60. Short title, commencement and extent

    1. Schedule 1

      Transfer etc. of functions of the Strategic Rail Authority

      1. Part 1

        Transfer and abolition of functions

      2. Part 2

        Definitions for purposes of transfers to Scottish Ministers

    2. Schedule 2

      Transfer schemes

    3. Schedule 3

      Transfer of safety functions

    4. Schedule 4

      Reviews by ORR of access charges and licence conditions

    5. Schedule 5

      Rail Passengers' Council established by s. 19(1)

      1. Part 1

        Introductory

      2. Part 2

        Members and staff

      3. Part 3

        Finance

      4. Part 4

        Financial framework and information

      5. Part 5

        Status and supplementary powers

      6. Part 6

        Procedure

    6. Schedule 6

      Functions retained by London Transport Users' Committee

    7. Schedule 7

      Consultations under Part 4

    8. Schedule 8

      Proposals to discontinue excluded London services

    9. Schedule 9

      Bye-laws by railway operators

    10. Schedule 10

      Taxation provisions relating to transfer schemes

      1. Part 1

        Transfers to a national authority under section 1(2) schemes

      2. Part 2

        Other transfers under section 1(2) schemes

      3. Part 3

        Transfers under section 12 schemes

      4. Part 4

        Other provisions concerning transfers

      5. Part 5

        Interpretation of Schedule

    11. Schedule 11

      Miscellaneous amendments of 1993 Act

    12. Schedule 12

      Other minor and consequential amendments

    13. Schedule 13

      Repeals

      1. Part 1

        Repealed enactments

      2. Part 2

        Savings

An Act to amend the law relating to the provision and regulation of railway services; and for connected purposes.

[7th April 2005]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part 1 Transfer of functions and railway strategy

Transfer of functions

1 Transfer etc. of SRA functions and abolition

(1) 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.

(2) The Secretary of State may make a scheme for the transfer of property, rights and liabilities from--

(a) the Strategic Rail Authority, or

(b) a company which is wholly owned by that Authority,

to a person specified in subsection (3) or to two or more of those persons.

(3) Those persons are--

(a) the Secretary of State;

(b) the Scottish Ministers;

(c) the National Assembly for Wales;

(d) the Office of Rail Regulation;

(e) the Rail Passengers' Council established by section 19(1); and

(f) 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.

(4) But a transfer of--

(a) rights and liabilities arising under a Scottish franchise agreement, or

(b) property created or vested in any person by such an agreement,

may be made by a transfer scheme under subsection (2) only to the Scottish Ministers.

(5) 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.

(6) Schedule 2 (which contains supplemental provisions about transfer schemes) has effect in relation to schemes under subsection (2).

(7) 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--

(a) terminate the appointment of any person as chairman or member of the Strategic Rail Authority; and

(b) direct a reduction, pending its abolition, in the minimum membership of the Authority.

(8) The Secretary of State may by order make such modifications of any provision of--

(a) Part 3 of the Transport Act 1980 (c. 34) (railway pensions),

(b) Schedule 11 to the 1993 Act (pensions), or

(c) section 244 of the 2000 Act (indexation of pensions),

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.

(9) The power under subsection (8) to make modifications by order is subject to the affirmative resolution procedure.

(10) Where, after consulting the Strategic Rail Authority, the Secretary of State is satisfied--

(a) 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

(b) that it is no longer necessary, for any other reason, for that Authority to continue to exist,

the Secretary of State may by order provide for it to cease to exist.

2 Transfer of safety functions to ORR

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.



Railway strategy

3 General duties under s. 4 of the 1993 Act

(1) Section 4 of the 1993 Act (general duties of the Secretary of State and the ORR) is amended as follows.

(2) In subsections (1) to (3), after "this Part", in each place, insert "or the Railways Act 2005 that are not safety functions".

(3) 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--

" (zb) to promote improvements in railway service performance;

(a) otherwise to protect the interests of users of railway services; " .

(4) 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.

(5) In subsection (3A) (functions of Secretary of State excluded from duty), after paragraph (b) insert " and

(c) the references in each of the subsections to the functions transferred or assigned under or by virtue of the Railways Act 2005 include only the functions transferred or assigned to the Secretary of State under or by virtue of the provisions of Part 4 of that Act other than section 39. "

(6) After that subsection insert--

" (3B) Subsections (1) to (3) above shall have effect in relation to the Scottish Ministers as in relation to the Office of Rail Regulation except that, in relation to those Ministers--

(a) the references in each of the subsections to functions transferred or assigned to those Ministers under or by virtue of Part 1 of this Act include only the functions transferred or assigned under or by virtue of sections 16A to 16G of this Act; and

(b) the references in each of the subsections to the functions transferred or assigned under or by virtue of the Railways Act 2005 include only the functions transferred or assigned to those Ministers under or by virtue of Part 4 of that Act.

(3C) Subsections (1) to (3) above shall have effect in relation to the National Assembly for Wales as in relation to the Office of Rail Regulation except that, in relation to that Assembly, the references in each of the subsections to functions transferred or assigned under or by virtue of Part 1 of this Act or the Railways Act 2005 include only the functions transferred or assigned to the Assembly under or by virtue of the provisions of Part 4 of that Act of 2005 other than section 39. "

(7) In subsection (4), after "this Part" insert "or the Railways Act 2005".

(8) In subsection (5) (supplementary duties)--

(a) in the words before paragraph (a), after "this Part" insert "or the Railways Act 2005 that are not safety functions";

(b) after paragraph (a) (guidance from the Secretary of State) insert--

" (aa) to have regard to any general guidance given to it by the Scottish Ministers about railway services wholly or partly in Scotland or about other matters in or as regards Scotland that relate to railways;

(ab) in having regard to any guidance falling within paragraph (aa), to give what appears to it to be appropriate weight to the extent (if any) to which the guidance relates to matters in respect of which expenditure is to be or has been incurred by the Scottish Ministers; "

(c) in paragraph (b), after "this Part" insert "or that Act";

(d) for paragraph (c) (duty to have regard to financial position of the SRA) substitute--

" (c) to have regard to the funds available to the Secretary of State for the purposes of his functions in relation to railways and railway services;

(ca) to have regard to any notified strategies and policies of the National Assembly for Wales, so far as they relate to Welsh services or to any other matter in or as regards Wales that concerns railways or railway services;

(cb) to have regard to the ability of the National Assembly for Wales to carry out the functions conferred or imposed on it by or under any enactment; " .

(9) After that subsection insert--

" (5A) Before giving any guidance for the purposes of subsection (5)(a) above the Secretary of State must consult the National Assembly for Wales.

(5B) In exercising its safety functions, other than its functions as an enforcing authority for the purposes of the Health and Safety at Work etc. Act 1974, the Office of Rail Regulation shall be under a duty to have regard to any general guidance given to it by the Secretary of State.

(5C) In performing its duties under subsections (1) to (5A) above in relation to--

(a) any matter affecting the interests of users or potential users of railway services,

(b) any matter affecting the interests of persons providing railway services, or

(c) any matter not falling within paragraph (a) or (b) but falling within subsection (5D),

the Office of Rail Regulation must have regard, in particular, to the interests, in securing value for money, of the persons mentioned in paragraphs (a) and (b) above, of the persons who make available the resources and other funds mentioned in that subsection and of the general public.

(5D) A matter falls within this subsection if the Office of Rail Regulation has been informed that--

(a) public financial resources (within the meaning of paragraph 1D of Schedule 4A to this Act), or

(b) funds that do not comprise such resources but are provided in whole or in part by Transport for London, the National Assembly for Wales, a Passenger Transport Executive or any other body in receipt of such resources,

are or are likely to become available to be applied for purposes connected with that matter. "

(10) For subsection (7ZA) substitute--

" (7ZA) Where any general guidance is given to the Office of Rail Regulation for the purposes of subsection (5)(a) or (aa) or (5B)--

(a) it may be varied or revoked by the person giving it at any time; and

(b) the guidance, and any variation or revocation of the guidance, must be published by that person in such manner as he considers appropriate. "

(11) In subsection (9)--

(a) after the definition of "the environment" insert--

" "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; "

(b) after the definition of "the passenger transport market" insert--

" "railway service performance" includes, in particular, performance in securing each of the following in relation to railway services--

(a) reliability (including punctuality);

(b) the avoidance or mitigation of passenger overcrowding; and

(c) that journey times are as short as possible;

"safety functions" means functions assigned or transferred to the Office of Rail Regulation--

(a) under this Part,

(b) under or by virtue of the Railways Act 2005, or

(c) under or by virtue of the Health and Safety at Work etc. Act 1974,

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. "

4 Use of access charges reviews for application of strategy

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.

5 Railway strategy for Scotland

(1) The Scottish Ministers may prepare a strategy for carrying out their functions in relation to railways and railway services.

(2) The Scottish Ministers may from time to time revise that strategy.

(3) 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.

(4) 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.



Part 2 Public sector funding authorities for railways

Assisting and securing the provision of services

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6 Financial assistance etc. from the Secretary of State

(1) The Secretary of State may provide, or agree to provide, financial assistance to any person--

(a) for the purpose of securing the provision, improvement or development of railway services or railway assets; or

(b) for any other purpose relating to a railway or to railway services.

(2) For the purposes of this section the provision of financial assistance includes each of the following--

(a) the making of grants or loans;

(b) the giving of guarantees; and

(c) investments in bodies corporate.

(3) 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.

(4) In exercising his powers under this section--

(a) for any purpose mentioned in section 9(1) in relation to which powers are exercisable by the Scottish Ministers under section 8, or

(b) for any purpose mentioned in section 11(1) in relation to which powers are exercisable by the National Assembly for Wales under section 10,

the Secretary of State must have regard to the desirability of acting consistently with anything notified to him under section 9 or 11.

(5) 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.

(6) For the purposes of subsection (5) a person is a relevant person in relation to a franchise agreement if he is--

(a) the franchise operator;

(b) the franchisee; or

(c) an employee, agent or independent contractor of the franchise operator or of the franchisee.

(7) In this section "railway" has its wider meaning.

(8) 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.

7 Notification of assistance from Secretary of State for freight services

(1) 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--

(a) services for the carriage of goods by railway; or

(b) facilities for or in connection with--

(i) the carriage of goods by railway; or

(ii) the loading or unloading of goods carried or intended to be carried by railway.

(2) 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.

(3) 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--

(a) to the Scottish Ministers; and

(b) to the National Assembly for Wales.

(4) In this section--

  • "facilities" includes track, rolling stock, depots, access roads and equipment; and

  • "railway" has its wider meaning.

8 Franchising and financial assistance in relation to Scotland

(1) 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--

(a) for the purpose of securing the provision, improvement or development of the Scottish services to which the agreement relates; or

(b) for any other purpose relating to the provision of those services.

(2) 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--

(a) for the purpose of securing the provision, improvement or development of railway services or railway assets; or

(b) for any other purpose relating to a railway or to railway services.

(3) In subsection (2) "Scottish purposes" means any of the following--

(a) any purposes connected with a Scottish service or proposed Scottish service;

(b) 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;

(c) the provision, improvement or development of facilities for use for or in connection with--

(i) the carriage of goods by railway using services that are to be or are provided wholly or partly in Scotland; or

(ii) the loading or unloading of goods so carried or intended to be so carried.

(4) For the purposes of this section the provision of financial assistance includes each of the following--

(a) the making of grants or loans;

(b) the giving of guarantees; and

(c) investments in bodies corporate.

(5) 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.

(6) 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.

(7) 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.

(8) For the purposes of subsection (7) a person is a relevant person in relation to a franchise agreement if he is--

(a) the franchise operator;

(b) the franchisee; or

(c) an employee, agent or independent contractor of the franchise operator or of the franchisee.

(9) In this section--

  • "facilities" includes track, rolling stock, depots, access roads and equipment;

  • "railway" has its wider meaning;

  • "Scottish service" means any service which is a Scotland-only service or a cross-border service.

9 Notification of assistance from Scottish Ministers for freight services

(1) 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--

(a) services for the carriage of goods by railway; or

(b) facilities for or in connection with--

(i) the carriage of goods by railway; or

(ii) the loading or unloading of goods carried or intended to be carried by railway.

(2) 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.

(3) 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.

(4) In this section--

  • "facilities" includes track, rolling stock, depots, access roads and equipment; and

  • "railway" has its wider meaning.

10 Franchising and financial assistance in relation to Wales

(1) Before--

(a) 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

(b) 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,

the Secretary of State must consult the National Assembly for Wales.

(2) The Secretary of State may not enter into a franchise agreement relating to services that are or include Wales-only services unless the National Assembly for Wales joins with him as a party to the agreement.

(3) For the purposes of being a party to a franchise agreement (whether or not in a case falling within subsection (2)) the National Assembly for Wales shall have power to provide, or to agree to provide, financial assistance to the franchisee--

(a) for the purpose of securing the provision, improvement or development of any Welsh services to which the agreement relates; or

(b) for any other purpose relating to the provision of those services.

(4) The National Assembly for Wales shall also have power, where it does so wholly or primarily for Welsh purposes, to provide, or to agree to provide, financial assistance to persons otherwise than under franchise agreements--

(a) for the purpose of securing the provision, improvement or development of railway services or railway assets; or

(b) for any other purpose relating to a railway or to railway services.

(5) In subsection (4) "Welsh purposes" means any of the following--

(a) any purposes connected with a Welsh service or proposed Welsh service;

(b) 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;

(c) the provision, improvement or development of facilities for use for or in connection with--

(i) the carriage of goods by railway using services that are to be or are provided wholly or partly in Wales; or

(ii) the loading or unloading of goods so carried or intended to be so carried.

(6) The National Assembly for Wales 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.

(7) For the purposes of this section the provision of financial assistance includes each of the following--

(a) the making of grants or loans;

(b) the giving of guarantees; and

(c) investments in bodies corporate.

(8) Agreements and other arrangements entered into by the National Assembly for Wales under subsection (3) or (4) may be entered into on whatever terms, and subject to whatever conditions, the Assembly considers appropriate.

(9) In exercising its powers under this section for any purpose mentioned in subsection (1) of section 7, the National Assembly for Wales must have regard to the desirability of acting consistently with anything notified to it under that section.

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