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Railways Act 2005 (c. 14)

(The document as of February, 2008)

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(b) make a reference under this section to the Secretary of State by reason only of the failure of a person to take any steps,

unless the test in subsection (7) is satisfied.

(7) That test is satisfied if, on the basis of the information available to the Committee, it considers that, balancing each of the following against the other--

(a) the costs of taking the steps, and

(b) the benefits that will be enjoyed by persons in consequence of the taking of those steps,

the expenditure involved represents good value for money.

(8) In this section "franchise agreement" and "franchisee" have the same meanings as in Part 1 of the Railways Act 1993.

252D Reports on investigation etc.

(1) Where the Committee investigates a matter under section 252B--

(a) it may prepare a report of its findings; and

(b) it must do so if required to do so by the Secretary of State in relation to any matter falling within section 252B(3) that was referred to it by him for the purposes of that requirement.

(2) The Committee must not include a proposal for the taking of any steps in a report prepared by it under this section unless, on the basis of the information available to it, it considers that, balancing each of the following against the other--

(a) the costs of taking those steps, and

(b) the benefits that will be enjoyed by persons in consequence of the taking of those steps,

the expenditure involved represents good value for money.

(3) The Committee--

(a) must send a copy of every report prepared under this section to the Rail Passengers' Council; and

(b) may publish the report;

but the Committee may publish a report relating to findings on a matter referred to the Committee by the Secretary of State only if required to do so by him under this section.

(4) Where--

(a) the Committee prepares a report relating to a matter referred to it by the Secretary of State, but

(b) the report is not a report that the Secretary of State has required under subsection (1)(b),

the Committee must publish the report if it is required to do so by him.

(5) The Secretary of State may arrange for the publication of any report by the Committee the preparation of which he has required under subsection (1)(b).

(6) The publication of a report by the Committee or the Secretary of State may be in any manner that the Committee or (as the case may be) the Secretary of State thinks appropriate.

(7) References in this section to a matter referred to the Committee by the Secretary of State include references to a matter in relation to which he has required the Committee's assistance under section 252B(4). "

Power of Secretary of State to exclude matters from duties of LTUC

4 (1) In that Act, after the section 252D inserted by paragraph 3 of this Schedule insert--

" 252E Power to make exclusions from duties under sections 252A to 252D

(1) The Secretary of State may by order--

(a) exclude services from one or more of the duties imposed by sections 252A to 252D;

(b) provide that one or more of those duties applies to services of a particular class or description, particular services or services provided by a particular person only to such extent as is specified in the order; or

(c) provide that one or more of those duties applies with specified modifications in the case of services of a particular class or description, particular services or services provided by a particular person.

(2) Before making an order under this section the Secretary of State must consult the Committee and the Rail Passengers' Council.

(3) The power to make exclusions by an order under this section includes--

(a) power to exclude services of a particular class or description, particular services or services provided by a particular person; and

(b) power to provide that services are excluded subject to compliance with specified conditions.

(4) An order under this section may not revoke an exclusion except--

(a) for breach of a condition; or

(b) in accordance with the order that made it. "

(2) In section 420(8) of that Act (orders subject to negative resolution procedure), after "section 242(10)" insert--

" section 252E; " .

Duty of Rail Passengers' Council to refer matters to the LTUC

5 In section 76 of the 1993 Act (duties of Rail Passengers' Council), after subsection (2) insert--

" (2A) If any matter falling within subsection (2)(a) appears to the Rail Passengers' Council to relate only to--

(a) the provision of railway passenger services wholly within the London railway area (within the meaning of section 252A of the Greater London Authority Act 1999), or

(b) the provision of station services within that area,

that Council must refer the matter to the London Transport Users' Committee. "



Sections 22 to 31

SCHEDULE 7 Consultations under Part 4

Introductory

1 A consultation under this Schedule about a proposal--

(a) must be initiated as follows; and

(b) thereafter must be carried out in accordance with the closures guidance.

Newspaper notification

2 (1) The person carrying out the consultation must publish a notice under this paragraph, in two successive weeks--

(a) in a local newspaper circulating in the area affected by the proposal; and

(b) in two national newspapers.

(2) The notice must set out--

(a) the proposal date;

(b) the other particulars of the proposal;

(c) the address at which--

(i) the initial assessment, and

(ii) a summary of the results of that assessment,

are available for inspection, or from which a copy of that assessment and summary may be obtained;

(d) the fees payable for a copy of the assessment and summary;

(e) a statement that any representations about the proposal may be sent to the person carrying out the consultation within such period as may be specified in the notice.

(3) 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).

(4) 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).

Specific notification to particular persons

3 (1) The person carrying out the consultation must--

(a) send to every person specified in sub-paragraph (2) (apart from himself) both a copy of every notice published under paragraph 2 and a summary of the results of the initial assessment; and

(b) in such manner as he considers appropriate, consult such other persons (if any) as he thinks fit.

(2) Those persons are--

(a) in the case of a consultation for the purposes of section 22(7)(a), 25(6)(a), 26(7)(a) or 29(7)(a), the person making the proposal in question;

(b) in the case of a consultation for the purposes of--

(i) subsection (4)(b) of section 24,

(ii) subsection (3)(b) of section 27,

(iii) subsection (3)(b) of section 28,

(iv) subsection (3)(b) of section 30, or

(v) subsection (3)(b) of section 31,

the national authority for the purposes of that section;

(c) if the proposal affects Wales, the National Assembly for Wales;

(d) if the proposal affects Greater London, the Mayor of London;

(e) every Passenger Transport Executive whose area is affected by the proposal;

(f) every local authority in whose area there are persons living, working or studying who appear to the person carrying out the consultation to be persons affected by the proposal;

(g) the Rail Passengers' Council;

(h) if the proposal affects its area, the London Transport Users' Committee;

(i) every person designated by order made by the Secretary of State for the purposes of this Schedule as a body representing interests of railway passengers;

(j) every railway funding authority appearing to the person carrying out the consultation to be a party to financial arrangements that are or may be affected by the proposal;

(k) every person providing railway services who appears to the person carrying out the consultation to be affected by the proposal;

(l) every person providing station services in relation to a station affected by the proposal.

(3) 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.

(4) An order under sub-paragraph (2)(i) is subject to the negative resolution procedure.

(5) 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).

(6) In this paragraph "local authority"--

(a) in relation to England and Wales, means a county council or county borough council, a community council or a council for a district in an area for which there is no county council; and

(b) in relation to Scotland, has the same meaning as in the Local Government (Scotland) Act 1973 (c. 65).

Interpretation of Schedule

4 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).

5 In this Schedule "the area affected", in relation to a proposal, means--

(a) 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;

(b) 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;

(c) in the case of a proposal relating to a station, or part of a station, the area served by the station, or that part.

6 (1) 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--

(a) it is a newspaper circulating generally in the United Kingdom; or

(b) the proposal relates to services operating, or a network or station, or part of a network or station that is--

(i) entirely in England,

(ii) entirely in Wales, or

(iii) entirely in Scotland,

and it is a newspaper circulating generally in England, Wales or (as the case may be) Scotland.

(2) 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.



Section 25

SCHEDULE 8 Proposals to discontinue excluded London services

Introductory

1 (1) 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.

(2) In this Schedule "excluded London service" and "special procedure excluded service" have the same meanings as in section 25.

Notice of proposal

2 (1) The service operator--

(a) must give notice in the required manner of his proposal; and

(b) must not give effect to the closure before the end of the period specified in the notice for the making of objections to the London Transport Users' Committee.

(2) The notice must set out--

(a) the proposal date;

(b) the other particulars of the proposal;

(c) particulars of alternative services which it appears to the service operator will be available;

(d) any proposal of the service operator for providing or augmenting the alternative services;

(e) a statement that any objections about the proposal may be sent to the London Transport Users' Committee on or before the proposal date.

(3) 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).

(4) A notice under this paragraph is published in the required manner if it is published, in two successive weeks--

(a) in a local newspaper circulating in the area affected by the proposal;

(b) in two newspapers circulating generally in England (or in England and any other part of the United Kingdom); and

(c) in such other manner as appears to the person giving the notice to be appropriate.

(5) The service operator must send a copy of every notice published under this paragraph--

(a) to the London Transport Users' Committee; and

(b) to every person who is the operator of a station within the area affected by the proposal;

and must require every such operator to publish the notice by displaying it at the stations he operates in that area.

(6) 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).

Objections etc.

3 (1) Where a notice has been published under paragraph 2 objections about the proposal may be made to the London Transport Users' Committee--

(a) by any user of a service to which the proposal relates; or

(b) by any person representing such users.

(2) Objections may only be made within the period specified in the notice.

Consideration of objections and report to Mayor of London

4 (1) This paragraph applies where any objection is made under paragraph 3.

(2) The London Transport Users' Committee must immediately inform--

(a) the Mayor of London, and

(b) the service operator,

about the objection.

(3) The service operator may give effect to the proposed closure only if the Mayor of London consents to it.

(4) As soon as possible after the end of the period for the making of objections to the London Transport Users' Committee, the Committee must--

(a) consider the objections made during that period;

(b) consider any representations made by the service operator; and

(c) report to the Mayor of London on the hardship the Committee considers will be caused by the proposed closure.

(5) If the London Transport Users' Committee decides--

(a) to hear an objector orally, or

(b) to hear oral representations from the service operator,

the hearing must be in public.

(6) The report to the Mayor of London under this paragraph may contain proposals for alleviating any hardship to which it refers.

(7) After receiving that report the Mayor of London may require further reports from the London Transport Users' Committee relating to the proposed closure.

(8) The London Transport Users' Committee must send to the service operator a copy of every report or further report it makes under this paragraph.

Consent of Mayor to closure

5 (1) After--

(a) receiving--

(i) the report from the London Transport Users' Committee required by sub-paragraph (4) of paragraph 4, and

(ii) any further reports required by him under that paragraph, and

(b) carrying out any consultation required by sub-paragraph (2),

the Mayor of London must decide whether or not to consent to the proposed closure.

(2) 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.

(3) 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--

(a) he has made such enquiries as he thinks fit, and

(b) he considers that the report or further report has been unreasonably delayed.

(4) The Mayor of London may give his consent subject to such conditions as he thinks fit.

(5) The Mayor of London may at any time vary or revoke conditions that are for the time being required to be complied with.

(6) Where the Mayor of London gives his consent to a proposed closure, he must--

(a) send a copy of his decision to every person who is the operator of a station in the area affected by the closure; and

(b) require that person to publish it by displaying it at the station.

(7) 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).

(8) 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 46

SCHEDULE 9 Bye-laws by railway operators

Introductory

1 (1) In this Schedule--

  • "appropriate national authority", in relation to any bye-laws, means--

    (a)

    where the relevant assets by reference to which the bye-laws are or were made are all Scottish assets, the Scottish Ministers;

    (b)

    where some but not all of those assets are Scottish assets or include assets that are used partly in Scotland and partly elsewhere, the Secretary of State and the Scottish Ministers; and

    (c)

    in any other case, the Secretary of State;

  • "bye-laws" means bye-laws under section 46; and

  • "railway operator" has the same meaning as in that section.

(2) In sub-paragraph (1) "Scottish asset" means--

(a) an asset that is permanently situated in Scotland; or

(b) an asset that is used only in Scotland.

(3) In the case of bye-laws in relation to which both the Secretary of State and the Scottish Ministers are the appropriate national authority --

(a) anything that must be done under this Schedule in relation to those bye-laws by the appropriate national authority must be done by them both, acting jointly;

(b) anything that may be done under this Schedule in relation to those bye-laws by the appropriate national authority may be done only by them both, acting jointly; and

(c) any requirement of this Schedule in relation to those bye-laws to send something to the appropriate national authority is complied with only if that thing is sent both to the Secretary of State and to the Scottish Ministers.

Penalties

2 Bye-laws may provide that a person contravening them is guilty of an offence and liable, on summary conviction, to a fine not exceeding--

(a) level 3 on the standard scale; or

(b) such lower amount as is specified in the bye-laws.

Confirmation

3 Bye-laws do not come into force until they have been confirmed by the appropriate national authority.

4 (1) A railway operator who proposes to make bye-laws must publish a notice stating--

(a) that he proposes to make bye-laws;

(b) the manner in which a copy of the proposed bye-laws will be open to public inspection; and

(c) that any person affected by the proposed bye-laws may make representations about them to the appropriate national authority within the period specified in the notice.

(2) The publication of the notice must be in the manner approved by the appropriate national authority.

(3) 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.

(4) 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.

(5) The railway operator must not submit the bye-laws for confirmation unless he has considered the representations forwarded by the appropriate national authority.

5 (1) The appropriate national authority may--

(a) confirm (with or without modifications) any bye-laws submitted to it for confirmation; or

(b) refuse to confirm them.

(2) The appropriate national authority may fix the date of the coming into force of any bye-laws confirmed by it.

(3) 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.

Publicity for confirmed bye-laws

6 If the appropriate national authority has confirmed bye-laws--

(a) copies of the bye-laws must be printed;

(b) at least one copy must be kept at the principal offices of the railway operator who made them;

(c) the railway operator must send one copy to the appropriate national authority; and

(d) the railway operator must supply one copy (free of charge) to every person who applies for a copy or for more than one copy.

Evidence

7 (1) The production of a printed copy of bye-laws which is indorsed with a certificate--

(a) stating one or more matters specified in sub-paragraph (2), and

(b) purporting to be signed by an officer of the railway operator by whom the bye-laws purport to have been made,

is evidence of what is stated.

(2) Those matters are--

(a) that the bye-laws were made by the railway operator in question;

(b) that the copy is a true copy of the bye-laws;

(c) that the bye-laws were confirmed by the appropriate national authority on the date specified in the certificate;

(d) the date of the coming into force of the bye-laws.

Power to amend or vary

8 (1) The power to make bye-laws includes the power to make bye-laws amending or revoking bye-laws.

(2) The appropriate national authority may by order revoke bye-laws.



Section 53

SCHEDULE 10 Taxation provisions relating to transfer schemes



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

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Meaning of "relevant transfer" in Part 1 of Schedule

1 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.

Capital allowances: determination of disposal value of plant or machinery

2 (1) 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).

(2) 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--

(a) if a capital sum is received by the transferor by way of consideration or compensation in respect of the transfer, as an amount equal to that sum; or

(b) if no such sum is received, as nil.

(3) 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.

(4) Section 88 of the 2001 Act (sales at an undervalue) is to be disregarded.

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