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Railways Act 2005 (c. 14)

(The document as of February, 2008)

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" "relevant operator" means--

(a) a licence holder;

(b) a franchisee;

(c) a franchise operator who is a party to the franchise agreement;

(d) a person under closure restrictions. "

(5) In subsection (11) of that section, for paragraphs (a) and (b) substitute " who is under--

(a) a duty under section 22(8), 26(8), 29(8) or 37(2) of the Railways Act 2005 not to discontinue a railway passenger service or an experimental passenger service or not to discontinue the operation or use of a network or station, or part of a network or station;

(b) a duty to comply with any requirement imposed under section 33(2)(i) of that Act (closure requirements imposed on operators); or

(c) a duty to comply with conditions to which he has agreed under section 34(5) of that Act (conditions of minor modification determination). "

(6) After that subsection insert--

" (11A) In the definition of "the appropriate authority" in subsection (10) above the reference to a relevant condition or requirement in the case of a person under Scottish closure restrictions is a reference to a relevant condition or requirement which--

(a) falls within paragraph (c) of the definition in that subsection;

(b) is imposed or arises in the case of a closure; and

(c) is so imposed or so arises in a Scottish case;

and the reference to a relevant condition or requirement in the case of a person under closure restrictions that are not Scottish closure restrictions is a reference to any relevant condition or requirement in relation to which paragraphs (a) and (b) are satisfied, but not paragraph (c).

(11B) In subsection (11A), "a Scottish case", in relation to a closure, means--

(a) a case in which the Scottish Ministers are the national authority for the purposes of provisions of Part 4 of the Railways Act 2005 relating to the proposal for the closure;

(b) a case in which it is the Scottish Ministers who make a determination under section 34 of that Act (minor modifications) in relation to the closure; or

(c) a case in which the closure is a closure notice of which is given under section 37 of that Act (experimental passenger services) and the proposal relates to a Scotland-only service. "

8 In section 57F(1) (validity and effect of penalties), for "penalty order" substitute "penalty notice".

Financial assistance from the Secretary of State to companies in railway administration

9 (1) In section 63 (financial assistance for companies in railway administration), for subsection (1)(b) substitute--

" (b) agree to indemnify a relevant person in respect of--

(i) liabilities incurred by that person in connection with the carrying out by the railway administrator of his functions under the order; and

(ii) loss or damage incurred by that person in that connection. "

(2) After subsection (2) of that section insert--

" (2A) A grant, loan, indemnity or guarantee under this section may be made or given in whatever manner, and on whatever terms and subject to whatever conditions, the Secretary of State considers appropriate. "

(3) After subsection (3) insert--

" (3A) The power of the Secretary of State under this section to agree to indemnify a relevant person--

(a) is confined to a power to agree to indemnify that person in respect of liabilities, loss and damage incurred or sustained by him as a relevant person; but

(b) includes power to agree to indemnify persons (whether or not they are identified or identifiable at the time of the agreement) who subsequently become relevant persons.

(3B) A person is a relevant person for the purposes of this section if he is--

(a) the railway administrator;

(b) an employee of the railway administrator;

(c) a member or employee of a firm of which the railway administrator is a member;

(d) a member or employee of a firm of which the railway administrator is an employee;

(e) a member of a firm of which the railway administrator was an employee or member at a time when the order was in force;

(f) a body corporate which is the employer of the railway administrator; or

(g) an officer, employee or member of such a body corporate.

(3C) For the purposes of this section--

(a) the references in this section to the railway administrator, in relation to a railway administration order, are references to the person appointed to achieve the purposes of the order and, where two or more persons are so appointed, are to be construed as references to any one or more of them; and

(b) the references to a firm of which a person was a member or employee at a particular time include references to a firm which holds itself out to be the successor of a firm of which he was a member or employee at that time. "

(4) After subsection (4) of that section insert--

" (4A) If sums are paid by the Secretary of State in consequence of an indemnity agreed to under this section in the case of a company in relation to which a railway administration order is in force, the company must pay him--

(a) such amounts in or towards the repayment to him of those sums as he may direct; and

(b) interest, at such rates as he may direct, on amounts outstanding under this subsection.

(4B) Payments to the Secretary of State under subsection (4A) must be made at such times and in such manner as he may determine.

(4C) Subsection (4A) does not apply in the case of a sum paid by the Secretary of State for indemnifying a person in respect of a liability to the company in relation to which the railway administration order in question was made.

(4D) The consent of the Treasury is required for the giving of a direction under subsection (4A) and for the making of a determination under subsection (4B). "

Register kept by ORR

10 (1) In section 72(2) (matters to be entered in register)--

(a) in paragraph (d) (notices with respect to experimental passenger services), for "section 48 above" substitute "Part 4 of the Railways Act 2005";

(b) for sub-paragraphs (i) to (iii) of that paragraph substitute--

" (i) every designation under section 36 of that Act of a service as experimental;

(ii) every notice under section 37(1) or (2) of that Act of the proposed discontinuance of a service designated as experimental; "

(c) after that paragraph insert--

" (da) in relation to closures, the provisions of--

(i) every closure ratification notice or closure non-ratification notice (within the meaning of Part 4 of the Railways Act 2005) issued by it;

(ii) every closure requirement imposed by it; " .

(2) Nothing in this paragraph requires the removal of anything from the register maintained under section 72.

Register kept by Secretary of State

11 (1) In section 73(2) (matters to be entered in the register)--

(a) for paragraph (da) (closure notices etc.) substitute--

" (da) every determination made by him under section 34 of the Railways Act 2005 that a closure is a minor modification or that closures of a particular description are minor modifications;

(db) every revocation of a determination made by him under that section in relation to a description of closures;

(dc) every condition agreed to under subsection (5) of that section in connection with a determination made by him; "

(b) in paragraph (e) (final or provisional orders), for "or to any closure or proposed closure or to any closure consent or closure condition" substitute "or to any closure or proposed closure or to any closure requirement".

(2) Neither this paragraph nor any repeal made by this Act requires the removal of anything from the register maintained under section 73.

Purposes for which the Secretary of State may require information from licence holders

12 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".

General interpretation

13 In section 83(1) (interpretation of Part 1)--

(a) after the definition of "appropriate authority" insert--

" "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; "

(b) for the definition of "bus substitution service" substitute--

" "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); "

(c) for the definitions of "closure" and "closure conditions" substitute--

" "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; " .

Competent authority status for the purposes of grants and loans under EU regulations

14 (1) 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".

(2) 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".

(3) After that subsection insert--

" (2A) For the purposes of subsection (2) above the National Assembly for Wales shall only be the competent authority in relation to services for the carriage of goods by railway which are operated within Wales. "

(4) 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--

" (aa) the Scottish Ministers,

(ab) to the extent specified in subsection (3A) below, the National Assembly for Wales, " .

(5) After that subsection insert--

" (3A) For the purposes of subsection (3) above the National Assembly for Wales shall only be the competent authority in relation to services for the carriage of passengers by railway which--

(a) are Welsh services (within the meaning of the Railways Act 2005); or

(b) are provided under a franchise agreement to which the Assembly is a party. "

(6) 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".

(7) 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.

Powers to make statutory instruments

15 In section 143 (powers to make statutory instruments)--

(a) 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)";

(b) 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

(c) 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)".

Restrictions on disclosure of information

16 (1) In subsection (2) of section 145 (purposes for which information obtained under the 1993 Act may be disclosed)--

(a) in paragraph (a)--

(i) after "the Secretary of State," insert "the Scottish Ministers,"; and

(ii) for "or the Transport Act 2000" substitute ", the Transport Act 2000 or the Railways Act 2005";

(b) after that paragraph insert--

" (aa) for the purpose of facilitating the carrying out or carrying on by the Secretary of State or the Scottish Ministers of any other functions or activities of his or theirs in relation to railways or railway services; " .

(2) In subsection (5) of that section, for "the Rail Passengers' Council or a Rail Passengers' Committee" substitute "or the Rail Passengers' Council".



Section 59

SCHEDULE 12 Other minor and consequential amendments

Transport Act 1962 (c. 46)

1 (1) The Transport Act 1962 is amended as follows.

(2) In section 43 (general provisions about services and facilities provided and charges imposed by the British Waterways Board and the SRA)--

(a) in subsections (1), (2) and (5), omit "or the Strategic Rail Authority";

(b) in subsection (3), omit "and the Strategic Rail Authority"; and

(c) in subsections (4) and (6), for the words from "Neither" to "shall" substitute "The British Waterways Board shall not".

(3) In section 56 (transport consultative committees)--

(a) in subsection (4)--

(i) for "each Rail Passengers' Committee" substitute "the London Transport Users' Committee";

(ii) in paragraphs (a), (b) and (c), for "Rail Passengers' Committee", in each place, substitute "the London Transport Users' Committee";

(iii) omit the words from "and copies" to the end;

(b) subsection (5) shall cease to have effect;

(c) in subsection (6ZA)--

(i) omit "in the case of any Rail Passengers' Committee" and "that Rail Passengers' Committee and";

(ii) after "Rail Passengers' Council" insert "and the London Transport Users' Committee";

(d) in subsection (6A), for "A Rail Passengers' Committee" substitute "Each of the Rail Passengers' Council and the London Transport Users' Committee"; and

(e) subsection (20) shall cease to have effect.

Transport Act 1968 (c. 73)

2 (1) The Transport Act 1968 is amended as follows.

(2) In section 55 (transport consultative committees), for "Rail Passengers' Committees" substitute "London Transport Users' Committee".

(3) 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".

(4) In subsection (2B) of that section--

(a) omit the definition of "franchising functions";

(b) before the definition of "relevant local authority" insert--

" "national authority" means the Secretary of State, the Scottish Ministers or the National Assembly for Wales; " .

Chronically Sick and Disabled Persons Act 1970 (c. 44)

3 In section 14(1) of the Chronically Sick and Disabled Persons Act 1970 (miscellaneous advisory committees), for "Rail Passengers' Committees," substitute "or".

Fire Precautions Act 1971 (c. 40)

4 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--

" (2) A fire and rescue authority may arrange in relation to any work premises--

(a) where an appropriate enforcement body is the Office of Rail Regulation, with that Office, and

(b) where that Office is not an appropriate enforcement body or is not the only such body, with the Health and Safety Commission,

for such of the authority's functions under this Act as may be specified in the arrangements to be performed in relation to those premises, on behalf of the authority by that Office or (as the case may be) by the Health and Safety Executive.

(2A) Those arrangements may include arrangements for payments to be made by the fire and rescue authority in respect of the performance of the functions in question by the Office of Rail Regulation or by the Health and Safety Executive.

(2B) In subsection (2)--

  • "appropriate enforcement body", in relation to any premises, means a person responsible under Part 1 of the Health and Safety at Work etc. Act 1974 (c. 37) for the enforcement of relevant statutory provisions (within the meaning of Part 1 of that Act) in relation to those premises; and

  • "work premises" means premises which are used as a place of work (within the meaning of Part 1 of that Act). "

Superannuation Act 1972 (c. 11)

5 In Schedule 1 to the Superannuation Act 1972 (types of employment in relation to which schemes may be made), at the appropriate place in the list of "Other Bodies" insert--

" The Rail Passengers' Council. "

Level Crossings Act 1983 (c. 16)

6 (1) Section 1 of the Level Crossings Act 1983 is amended as follows.

(2) 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".

(3) 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".

Telecommunications Act 1984 (c. 12)

7 In section 101 of the Telecommunications Act 1984 (general restrictions on disclosure of information), in subsection (3), at the end insert--

" (r) the Railways Act 2005. "

Transport Act 1985 (c. 67)

8 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)".

Airports Act 1986 (c. 31)

9 In section 74 of the Airports Act 1986 (restriction on disclosure of information), in subsection (3), at the end insert--

" (s) the Railways Act 2005. "

Water Industry Act 1991 (c. 56)

10 In Schedule 15 to the Water Industry Act 1991 (disclosure of information), in Part 2 (enactments etc. in respect of which disclosure may be made), at the end insert--

" The Railways Act 2005. "

Water Resources Act 1991 (c. 57)

11 In Schedule 24 to the Water Resources Act 1991 (disclosure of information), in Part 2 (enactments etc. in respect of which disclosure may be made), at the end insert--

" The Railways Act 2005. "

Deregulation and Contracting Out Act 1994 (c. 40)

12 (1) Section 37 of the Deregulation and Contracting Out Act 1994 (power to repeal certain health and safety provisions) is amended as follows.

(2) In subsection (2) of that section--

(a) for paragraph (a) substitute--

" (a) in the case of regulations under paragraph (a) of that subsection repealing or revoking a provision specified in section 117(4) of the Railways Act 1993, the Office of Rail Regulation,

(aa) in the case of regulations under paragraph (a) of that subsection not falling within paragraph (a) of this subsection, the Health and Safety Commission,

(ab) in the case of regulations under paragraph (b) of that subsection revoking a provision of regulations which make provision exclusively in relation to transport systems falling within paragraph 1(3) of Schedule 3 to the Railways Act 2005, the Office of Rail Regulation,

(ac) in the case of regulations under paragraph (b) of that subsection not falling within paragraph (ab) of this subsection, the Health and Safety Commission, " ; and

(b) in the words after paragraph (b), for "either" substitute "any".

(3) 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".

(4) After subsection (4) of that section, insert--

" (4A) In subsections (3) and (4), "the required consultee" means the body which the appropriate authority is required to consult by virtue of subsection (2)(a) to (b). "

Railway Heritage Act 1996 (c. 42)

13 (1) The Railway Heritage Act 1996 is amended as follows.

(2) Section 1 (bodies to which the Act applies) is to become subsection (1) of that section and is amended as follows--

(a) in paragraph (f), for the words from "Strategic" to the end substitute "Secretary of State";

(b) in paragraph (g), for "Authority" substitute "Secretary of State".

(3) In that section, after that subsection insert--

" (2) The Secretary of State may, by order made by statutory instrument, modify subsection (1) by adding a body or a description of body to the list of bodies to which this Act applies.

(3) Before making an order under subsection (2), the Secretary of State must consult the bodies that appear to him to be the ones that will become bodies to which this Act applies on the coming into force of the order.

(4) A statutory instrument containing an order under subsection (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

(4) In section 2 (establishment of statutory committee)--

(a) in paragraph (a) of subsection (2), omit "the Authority with the approval of";

(b) in paragraph (c) of that subsection, for "requiring the Authority" substitute "for the Secretary of State";

(c) in subsection (3), for "the Authority and with such other" substitute "such".

(5) 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".

Greater London Authority Act 1999 (c. 29)

14 (1) The Greater London Authority Act 1999 is amended as follows.

(2) In section 175 (co-operation between Transport for London and the Secretary of State)--

(a) in subsection (1)(a)(ii), for the words from "whose provision" to "Railways Act 1993" substitute "are secured services (within the meaning of Part 4 of the Railways Act 2005) provided by or on behalf of the Secretary of State"; and

(b) in subsection (3)(b), for "sections 37 and 38 of that Act" substitute "sections 22 to 24 of the Railways Act 2005".

(3) In section 177(1)(b) and (2) (provision of extra passenger transport services and facilities), for "Strategic Rail Authority" substitute "Secretary of State".

(4) 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)".

(5) 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)--

(a) omit "the Strategic Rail Authority,"; and

(b) at the end insert "or the Railways Act 2005".

(6) In section 240(2) and (7) (arrangements with London authorities for travel concessions), for "Strategic Rail Authority", wherever occurring, substitute "Secretary of State".

(7) In section 247(2) (consultation with the SRA about appointments to the LTUC), for "Strategic Rail Authority" substitute "Secretary of State".

(8) In section 250(2) (persons to whom LTUC annual report is to be made), for "Strategic Rail Authority" substitute "Secretary of State".

(9) 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".

Postal Services Act 2000 (c. 26)

15 In paragraph 3 of Schedule 7 to the Postal Services Act 2000 (disclosure of information), in sub-paragraph (3), after paragraph (gj) insert--

" (gk) the Railways Act 2005, " .

Utilities Act 2000 (c. 27)

16 In section 105 of the Utilities Act 2000 (general restrictions on disclosure of information), in subsection (6), at the end insert--

" (u) the Railways Act 2005. "

Transport Act 2000 (c. 38)

17 (1) The 2000 Act is amended as follows.

(2) In section 137(4)(d) (required notice in connection with the making of a ticketing scheme), for "Strategic Rail Authority" substitute "Secretary of State".

(3) 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".

(4) In subsection (1) of section 248 (substitute services to be suitable for disabled persons), for paragraph (b) substitute--

" (b) the provision of such services is secured by the Secretary of State, the Scottish Ministers or the National Assembly for Wales. "

(5) 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".

(6) In subsection (3) of that section--

(a) for "the person or Authority" substitute "a person"; and

(b) omit the words "or it".

(7) In paragraph 3(3) of Schedule 9 (air traffic: information), after paragraph (rc) insert--

" (rd) the Railways Act 2005; " .

(8) In Schedule 25 (transfer of BR's property etc. to Secretary of State), after paragraph 12 insert--

" Duties in relation to foreign property

12A (1) Where there is a transfer in accordance with a transfer scheme of--

(a) foreign property, or

(b) a foreign right or liability,

the Board and the Secretary of State must take all requisite steps to secure that the vesting of the foreign property, right or liability in the Secretary of State by this Act is effective under the relevant foreign law.

(2) Until the vesting of the foreign property, right or liability in the Secretary of State in accordance with the transfer scheme is effective under the relevant foreign law, the Board must--

(a) hold the property or right for the benefit of the Secretary of State; or

(b) discharge the liability on behalf of the Secretary of State.

(3) Nothing in sub-paragraph (1) or (2) prejudices the effect under the law of a part of the United Kingdom of the vesting of any foreign property, right or liability in the Secretary of State in accordance with a transfer scheme.

(4) References in this paragraph to foreign property, or to a foreign right or liability, are references to any property, right or liability as respects which an issue arising in any proceedings would be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(5) An obligation imposed under this paragraph in relation to property, rights or liabilities shall be enforceable as if contained in a contract between the Board and the Secretary of State. "

(9) In paragraph 10 of Schedule 28 (transitional provision in relation to section 56 of the Transport Act 1962 (c. 46))--

(a) for "Rail Passengers' Committees" substitute "London Transport Users' Committee";

(b) in paragraph (a), for "sections 76 and 77" substitute "section 76";

(c) in paragraph (b), for "those subsections" substitute "that subsection".

Enterprise Act 2002 (c. 40)

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18 (1) The Enterprise Act 2002 is amended as follows.

(2) In subsection (4) of section 168 (duty of Competition Commission and the Secretary of State in relation to regulated markets)--

(a) in paragraph (h), omit "where none of the conditions of the licence relate to consumer protection";

(b) paragraph (i) shall cease to have effect; and

(c) in paragraph (k), for the words from "Strategic" to the end substitute "Secretary of State, the Scottish Ministers and the National Assembly for Wales under section 4 of the Act of 1993".

(3) In subsection (5) of that section, for paragraph (j) substitute--

" (j) the Secretary of State;

(k) the Scottish Ministers; or

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