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Railways Act 2005 (c. 14)

(The document as of February, 2008)

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(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.

(10) The power of the National Assembly for Wales under subsection (4) may be exercised by its 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.

(11) For the purposes of subsection (10) 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.

(12) In this section--

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

  • "railway" has its wider meaning.

11 Notification of assistance from Welsh Assembly for freight services

(1) This section applies if the National Assembly for Wales makes or modifies a scheme setting out how it proposes to exercise its powers under section 10 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 National Assembly for Wales makes or modifies a determination of the criteria that it will apply in exercising its functions under such a scheme.

(3) The National Assembly for Wales 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.

12 Transfer schemes at end of franchising agreements

(1) This section applies where a franchise agreement is or has been in force.

(2) 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.

(3) Those persons are--

(a) the Secretary of State;

(b) the Scottish Ministers;

(c) a company which is wholly owned by the Secretary of State or the Scottish Ministers;

(d) a company which is jointly owned by the Secretary of State and the Scottish Ministers; and

(e) a franchise company.

(4) 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.

(5) On the day on which a scheme made under this section comes into force--

(a) the transferee or transferees must pay to the transferor, or

(b) the transferor must pay to the transferee or transferees,

such sums as may be specified in, or determined in accordance with, the franchise agreement.

(6) Subsection (5) is subject to any other agreement between the transferor and the transferee or transferees.

(7) Schedule 2 (which contains supplemental provisions about transfer schemes) has effect in relation to schemes under this section.

(8) In this section--

  • "the appropriate national authority" means--

    (a)

    in relation to a franchise agreement to which the Secretary of State is a party, the Secretary of State; and

    (b)

    in relation to a franchise agreement to which the Scottish Ministers are a party, the Scottish Ministers;

  • "franchise company" means a person who is, or is to be, the franchisee or the franchise operator under a franchise agreement;

  • "relevant franchise assets" means property, rights and liabilities which, immediately before the end of the franchise period which is ending or has ended, will be or were designated as franchise assets for the purposes of the agreement;

  • "transferee", in relation to a scheme, means a person to whom property, rights or liabilities are transferred in accordance with the scheme; and

  • "transferor", in relation to a scheme, means the person from whom property, rights or liabilities are transferred in accordance with the scheme.



Passenger Transport Executives

13 Railway functions of Passenger Transport Executives

(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 services in which a Passenger Transport Executive for an area in England have an interest, or

(b) entering into a franchise agreement in respect of such services in a case in which no such invitation has been issued,

the Secretary of State must consult the Executive for that area.

(2) For the purposes of subsection (1) the services in which a Passenger Transport Executive have an interest are--

(a) services for the carriage of passengers by railway within the passenger transport area of that Executive; and

(b) services which are not such services but are services for the carriage of passengers by railway to or from such an area.

(3) A Passenger Transport Executive for a passenger transport area in England and the Secretary of State may enter into arrangements under which one or both of the following occurs--

(a) 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

(b) 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.

(4) A Passenger Transport Executive for a passenger 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--

(a) services for the carriage of passengers by railway within that area; and

(b) station services provided for purposes connected with any such services.

(5) A Passenger Transport Executive for a passenger transport area in England may not enter into an agreement (whether by virtue of subsection (4) or otherwise)--

(a) with a person who is a franchisee or franchise operator in relation to a franchise agreement, or

(b) with a person who is proposing to become such a franchisee or franchise operator,

unless the agreement is approved by the Secretary of State.

(6) The Secretary of State may--

(a) 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

(b) withdraw his approval in relation to any agreement at any time before the agreement is entered into.

(7) The agreements to which a Passenger Transport Executive for a passenger 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.

(8) The Secretary of State and the Passenger Transport Executive for a passenger transport area in England must each provide to the other any information which--

(a) the other reasonably requires for purposes connected with his or their functions in relation to railways or railway services; and

(b) is information which it would have been lawful for him or (as the case may be) them to disclose apart from this subsection.

(9) In this section--

(a) a reference to a service for the carriage of passengers by railway within a passenger 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;

(b) 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

(c) 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;

and in this subsection "the permitted distance" has the same meaning as in section 10(1)(ii) of the Transport Act 1968 (c. 73) (25 miles).

14 Repeals and savings relating to Passenger Transport Executives

(1) The following provisions shall cease to have effect--

(a) in section 10(1) of the Transport Act 1968, paragraphs (vi) and (viza) (powers to enter into agreements with the SRA);

(b) 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

(c) 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).

(2) 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.

(3) Where a Passenger Transport Executive are a party to a franchise agreement immediately before the commencement of subsection (1) of this section--

(a) 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

(b) 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.

(4) 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--

(a) subsection (17) of section 34 of the 1993 Act (disputes); and

(b) any other enactment so far as it has effect for the purposes of or in relation to that subsection of that section.

(5) 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.



London

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

(1) 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.

(2) In subsection (1) (duty of co-operation)--

(a) for "Strategic Rail Authority", where first occurring, substitute "Secretary of State"; and

(b) omit the words after paragraph (b) (which relate to the exchange of information).

(3) After that subsection insert--

" (1A) 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 London railway passenger services, or

(b) entering into a franchise agreement in respect of such services in a case in which no such invitation has been issued,

the Secretary of State must consult Transport for London.

(1B) The Secretary of State and Transport for London must each provide to the other any information which--

(a) the other reasonably requires for a purpose mentioned in subsection (1)(a) or (b); and

(b) is information which it would have been lawful for him or (as the case may be) it to disclose apart from this subsection. "

(4) 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".

(5) After that subsection insert--

" (2A) Those arrangements may include arrangements under which sums become due from Transport for London to the Secretary of State--

(a) in respect of London railway passenger services;

(b) in respect of station services provided in connection with such services; or

(c) in respect of bus substitution services provided as alternatives for London railway passenger services. "

(6) In subsection (3) (references to functions of the SRA), for "Strategic Rail Authority", "its" and "it" substitute, respectively, "Secretary of State", "his" and "him".

(7) After that subsection insert--

" (3A) A reference in this section to a London railway passenger service is a reference to--

(a) a service for the carriage of passengers by railway between places in Greater London; or

(b) a service for the carriage of passengers by railway between places in Greater London and places outside Greater London.

(3B) Expressions used in this section and in Part 1 of the Railways Act 1993 have the same meanings in this section as in that Part. "

16 Relaxation of contractual restrictions on Transport for London

(1) 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.

(2) Transport for London may not enter into an agreement--

(a) with a person who is a franchisee or franchise operator in relation to a franchise agreement, or

(b) with a person who is proposing to become such a franchisee or franchise operator,

unless the agreement is approved by the Secretary of State.

(3) 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.

(4) The Secretary of State may--

(a) 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

(b) withdraw his approval in relation to any agreement at any time before the agreement is entered into.

(5) 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.

(6) In this section "subsidiary" has the meaning given to it by section 736 of the Companies Act 1985 (c. 6).

17 Membership of Transport for London

(1) Paragraph 2 of Schedule 10 to the Greater London Authority Act 1999 (c. 29) (membership of Transport for London) is amended as follows.

(2) In sub-paragraph (1) (which imposes a maximum of fifteen on the number of members appointed by the Mayor), for "fifteen" substitute "seventeen".

(3) 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".

(4) After sub-paragraph (2) insert--

" (2A) The Mayor must exercise his powers under this paragraph so as to secure that at least two members of Transport for London are able to represent the interests of the persons living, working and studying in areas outside Greater London that are served by railway passenger services in respect of which Transport for London carries out functions, or is likely to do so. "

(5) After sub-paragraph (3) insert--

" (3A) Before making an appointment for the purposes of sub-paragraph (2A) above, the Mayor must consult the regional planning body for each of the regions where the areas served by the services mentioned in that sub-paragraph are situated. "

(6) After sub-paragraph (5) insert--

" (5A) Notwithstanding sub-paragraphs (4) and (5)--

(a) a person who is a member of a principal council may be appointed to be, and remain, a member of Transport for London if his appointment is one in performance of the Mayor's duty under paragraph (2A); but

(b) no more than two such persons may be members of Transport for London at the same time. "

(7) After sub-paragraph (7) insert--

" (8) In this paragraph--

  • "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. "

(8) It shall be the duty of the Mayor of London, within the period of six months beginning with the commencement of subsection (4)--

(a) to review the existing membership of Transport for London; and

(b) 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.

(9) 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.



Provision of service by provider of last resort

18 Qualification of duty in respect of services funded by others

(1) 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--

" (aa) require the relevant franchising authority to provide or secure the provision of a Welsh service where it appears to the authority that it will not be receiving funds from the National Assembly for Wales that are reasonably equivalent to those provided by that Assembly (whether directly to the previous franchisee or otherwise) in respect of the service provided by the previous franchisee;

(ab) require the Secretary of State to provide or secure the provision of a service within the area of a Passenger Transport Executive where it appears to him that he will not be receiving funds from the Executive that are reasonably equivalent to those provided by that Executive (whether directly to the previous franchisee or otherwise) in respect of the service provided by the previous franchisee;

(ac) require the Secretary of State to provide or secure the provision of a service that makes scheduled calls in Greater London where it appears to him that he will not be receiving funds from Transport for London that are reasonably equivalent to those that were provided by Transport for London (whether directly to the previous franchisee or otherwise) in respect of the service provided by the previous franchisee; " .

(2) In that section, at the end, insert--

" (3C) In this section--

  • "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. "



Part 3 Rail Passengers' Council and Rail Passengers' Committees

19 The Rail Passengers' Council

(1) There shall be a body corporate to be known as the Rail Passengers' Council.

(2) That Council shall consist of--

(a) a chairman appointed by the Secretary of State;

(b) a member appointed by the Scottish Ministers;

(c) a member appointed by the National Assembly for Wales;

(d) a member appointed by the London Assembly from the members of the London Transport Users' Committee; and

(e) not more than twelve other members appointed by the Secretary of State after consultation with the chairman.

(3) The chairman and other members of that Council--

(a) shall each hold and vacate office in accordance with the terms and conditions of his appointment; and

(b) on ceasing to hold office, shall be eligible for re-appointment.

(4) The consent of the Secretary of State is required for the terms and conditions of an appointment under subsection (2)(b) or (c).

(5) The London Assembly must consult the Secretary of State before fixing the terms and conditions of an appointment under subsection (2)(d).

(6) On the day appointed for the commencement of this subsection the council known as the Rail Passengers' Council that was established by section 3(2) of the 1993 Act shall cease to exist.

(7) References in enactments, instruments and other documents to the Rail 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).

(8) If the Secretary of State considers it appropriate to do so in connection with or in anticipation of the establishment of the Rail 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.

(9) 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.

(10) Schedule 5 (which makes provision about the Council established by subsection (1)) has effect.

20 Delegation of functions by Council

After section 76 of the 1993 Act (functions of Rail Passengers' Council)--

" 76A Delegation of duties under section 76(7A)

(1) The Rail Passengers' Council and any other public body may enter into an agreement for that other body to be responsible, in accordance with the agreement, for --

(a) determining what is expedient for the purposes of subsection (7A) of section 76 above in relation to an area specified in the agreement; and

(b) otherwise performing that Council's duties under that subsection in relation to that area.

(2) So long as an agreement under this section is in force--

(a) the duties of the Rail Passengers' Council under subsection (7A) of section 76 above shall be deemed, in relation to the area specified in the agreement, to fall on the other party to it, instead of on that Council; but

(b) that Council is not to be prevented from doing anything mentioned in that subsection in relation to that area.

(3) An agreement under this section--

(a) may be entered into on such terms and conditions as the parties to it may agree; and

(b) may contain provision for determining for the purposes of this section in what circumstances things done under or for the purposes of section 76(7A) are to be treated as done in relation to the area specified in the agreement.

(4) The consent of the Secretary of State is required before the Rail Passengers' Council and another public body may enter into an agreement under this section.

(5) In this section "public body" means any authority or other body on which functions are conferred by or under an enactment.

(6) In subsection (5) "enactment" includes an enactment comprised in an Act of the Scottish Parliament. "

21 Rail Passengers' Committees

(1) 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.

(2) 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".

(3) 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.

(4) 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.

(5) 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.



Part 4 Network modifications etc.

Discontinuance of railway passenger services

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22 Proposal by service operator to discontinue non-franchised services

(1) This section applies where--

(a) 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;

(b) 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

(c) the proposal is not a proposal for a minor modification.

(2) The references in subsection (1) to relevant railway passenger services are references to railway passenger services that are not--

(a) secured services;

(b) experimental passenger services;

(c) services involving travel through the Channel Tunnel;

(d) services that are provided otherwise than as regular scheduled services for the line or station in question; or

(e) services excluded from the application of this section by an order under section 38.

(3) The service operator must give notice to the national authority setting out--

(a) particulars of the proposal to discontinue those services; and

(b) a summary of the results of the assessment carried out in accordance with subsection (5).

(4) The particulars set out in the notice must include, in particular--

(a) the services to which the proposal relates; and

(b) the proposal date;

and the proposal date must be a date not less than three months after the date of the notice.

(5) 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.

(6) The national authority to which a notice is given under subsection (3) must--

(a) consider whether the closure in question should be allowed; and

(b) 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.

(7) If the national authority forms the opinion that the closure should be allowed, it must--

(a) carry out a consultation under Schedule 7 about the proposal; and

(b) 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 Regulation.

(8) The service operator must not discontinue the services in question before the end of the interim period.

(9) If--

(a) the national authority forms the opinion under subsection (6)(b) that the closure should not be allowed,

(b) the national authority changes its opinion following the consultation under subsection (7)(a), or

(c) on a reference to the Office of Rail Regulation under subsection (7)(b), that Office issues a closure non-ratification notice,

the national authority must secure the provision of the services to which proposal relates after the end of the interim period.

(10) The duty imposed by subsection (9) in relation to any services ceases if the services begin to be provided under a franchise agreement.

(11) In this section "the national authority"--

(a) in relation to a proposal relating to services all of which are Scotland-only services, means the Scottish Ministers; and

(b) in any other case, means the Secretary of State.

23 Proposal by funding authority to discontinue non-franchised services

(1) This section applies where--

(a) 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;

(b) 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

(c) the proposal is not a proposal for a minor modification.

(2) The references in subsection (1) to relevant railway passenger services are references to railway passenger services that are not--

(a) secured services;

(b) experimental passenger services;

(c) services involving travel through the Channel Tunnel;

(d) services that are provided otherwise than as regular scheduled services for the line or station in question; or

(e) services excluded from the application of this section by an order under section 38.

(3) The railway funding authority making the proposal must--

(a) give notice of its proposal to the national authority, if it is not itself that authority;

(b) carry out a consultation under Schedule 7 about the proposal; and

(c) after carrying out that consultation, either withdraw the proposal or refer the proposal (with or without modifications) to the Office of Rail Regulation.

(4) A notice to the national authority under subsection (3)(a) must set out--

(a) particulars of the proposal for the closure including, in particular--

(i) the services to which the proposal relates; and

(ii) the proposal date; and

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