Railways Act 1993

[^key-d5b4a7e11978eb4e4478036d478d1b0a]: Words in s. 13 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(h)

[^key-d69e677af300e282d06027119b4f2212]: Word in s. 67(3) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 12 para. 19(4); S.I. 2024/1226, regs. 1(2), 2(1)(16)

[^key-d71b2d1e371e76c1356a9884ad3f3c91]: Word in Sch. 4A para. 11(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 81(7)(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d7c3db3db295e9e20b14dfc50e040d67]: Words in Sch. 7 para. 4(3) substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 22(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d958bcb88f09aa9e670223a31dbf059d]: S. 13(10) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(8); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-dab8aabf8894c05bb720bb0d61e996e0]: Words in s. 94(6) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 193(a)(ii) (with arts. 6, 11, 12)

[^key-dad08a4ea46a811b34583e3e155097df]: Word in s. 55(5D)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 12(3); S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-dca5426b4d88524dc71b7c78c8f8cefa]: Words in s. 24A(5) substituted (28.11.2024) by Passenger Railway Services (Public Ownership) Act 2024 (c. 25), s. 5(2), Sch. para. 4(3)

[^key-dd0ccacfbd8b33b2331bc4a379eb3836]: Words in s. 67(8) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(12) (with art. 3)

[^key-dd4e37071165202798391d078f0bd629]: S. 4(1)-(6) excluded (25.6.2010) by The Rail Passengers Rights and Obligations Regulations 2010 (S.I. 2010/1504), regs. 1(2), 13(3)

[^key-de7458eb593b22b054497928e24928a8]: Words in s. 30(3)(b) substituted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 10(2)(b); S.I. 2015/994, art. 11(o)

[^key-de8f15f7920e272c180f19b5d3b2993b]: Words in s. 11(2)(b) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), Sch. para. 1(f)

[^key-e16d464e718177d42ff728efc1825b1c]: Words in s. 83(1) omitted (28.11.2024) by virtue of Passenger Railway Services (Public Ownership) Act 2024 (c. 25), s. 5(2), Sch. para. 9(a)

[^key-e264299a994ff58e97ac348a5c9b56dc]: Words in s. 30(3A) inserted (14.10.2018 at 2.00 a.m.) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 10(3)(b)

[^key-e2b496605b216137c876b956da597e44]: Words in s. 13B(1) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 18(2)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)

[^key-e353299d06238d3cf64b404e6fd52031]: Word in s. 14(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 73(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e41fe3c7471841cd5e7bfa3704d5fac0]: Words in s. 73A(3)(b) substituted (28.11.2024) by Passenger Railway Services (Public Ownership) Act 2024 (c. 25), s. 5(2), Sch. para. 7

[^key-e465f1ca959eba72069ab4e68708b771]: Words in s. 16B(1) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(q)

[^key-e49c018c877c7b8d2db1383c22576432]: Word in s. 67(3)(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(6) (with art. 3)

[^key-e5180829e6f5648f202fdd3c6c0d0bdc]: Word in s. 67(5) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(8)(b) (with art. 3)

[^key-e604576409daf36924b81cf7b34fb2da]: Word in s. 13(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e68b06cfb882e018c167d7780c016df5]: Words in s. 80(1A) substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 22(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e73fae5496a8cca8c8e9c6849408e5b7]: S. 74(7) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 79(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e77bb958ea3948e4095463667db88f0d]: Words in s. 67(2A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(3)(c) (with art. 3)

[^key-e86d74ff4403c75f9ef79192dea8dbf1]: Words in s. 57A(5)(c) substituted (14.10.2018 at 2.00 a.m.) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 15(3)(c)

[^key-e8965e51fd7828a5512936f87d1cf9df]: Words in s. 76(6)(a) inserted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(vi), Sch. para. 25 (with art. 3)

[^key-e8aa0c118393b0a431334aea5c43b0bc]: Words in s. 16(3) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(o)

[^key-e8f12ec346495ba7a014e953b104c89e]: Word in s. 24(6) omitted (28.11.2024) by virtue of Passenger Railway Services (Public Ownership) Act 2024 (c. 25), s. 5(2), Sch. para. 3(6)(b) (with Sch. para. 3(14))

[^key-e996e0977a9776fcf8d1fedd653754cb]: S. 24(13) omitted (28.11.2024) by virtue of Passenger Railway Services (Public Ownership) Act 2024 (c. 25), s. 5(2), Sch. para. 3(13) (with Sch. para. 3(14))

[^key-ea5ba13cf4e98fd22fd8e1b06b1e6a29]: Word in s. 24(3B) substituted (28.11.2024) by Passenger Railway Services (Public Ownership) Act 2024 (c. 25), s. 5(2), Sch. para. 3(3) (with Sch. para. 3(14))

[^key-eaae6510d1a6305be2dbeb4715c118d9]: S. 145(3)(o) omitted (1.10.2013) by virtue of The Property Misdescriptions Act 1991 (Repeal) Order 2013 (S.I. 2013/1575), art. 1, Sch. para. 1

[^key-eaf8c81bdd4c01247b3616ff882ea52d]: Words in ss. 57A(5)-(7) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(ll)

[^key-eb61f9e9774d6437ef0c773d5c46c390]: Words in s. 4(9) substituted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(i), Sch. para. 2(7)(b)

[^key-ebf4b4268540f01b9fefbaccaa4a2ea1]: Words in Sch. 4A para. 10A(4) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 22(3)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)

[^key-ecdb9ec54854439d6047a5c349196a11]: Words in s. 151(1) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 77(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

[^key-ed9a10ab85f730fe6a2366d72ba2a997]: S. 13B(1A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 101(3) (with art. 3, Sch. 2 para. 2)

[^key-edada035dbeb68b140930e9ae8bf8fea]: S. 67 heading substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(14) (with art. 3)

[^key-f0d03d0af7a270ee226f33fcebd66a22]: S. 23 heading substituted (28.11.2024) by Passenger Railway Services (Public Ownership) Act 2024 (c. 25), ss. 1(3)(e), 5(2) (with s. 1(4))

[^key-f12fd5bd755814eb47efecf4380ac3a3]: S. 145(3)(qu) omitted (6.4.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 20(a); S.I. 2025/272, reg. 2(1)(14)

[^key-f338765f65f79bdcda8a412a769b9980]: Word in s. 13(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 70(6)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f350d3b8e213074f4a3ac0618bcccc0c]: Words in s. 64A(2) inserted (14.10.2018 at 2.00 a.m.) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 20(4)(a)

[^key-f62fd1ada8da85848a34081fbaa033b8]: Words in s. 19(7) inserted (14.10.2018 at 2.00 a.m.) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 4

[^key-f7991a8c2bf0f1a5429a80ca887c2ea8]: Words in s. 64A(2)(a) inserted (14.10.2018 at 2.00 a.m.) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 20(4)(b)

[^key-f929cae19a4f91949add46a2701509f7]: Words in s. 23(3) inserted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(ii), Sch. para. 5(3)(b)

[^key-f9d4e1c9ea277b968d011bc97fdd35c4]: S. 4(1) modified (22.7.2008) by Crossrail Act 2008 (c. 18), s. 22

[^key-f9ee5ebf590192beb876d052474997cd]: Words in s. 69 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(qq)

[^key-fa0aa70c6da1e139eb135f46405f54c7]: Words in s. 22A substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(ff)

[^key-fa2e9738b4ced008cb07cba27cbaa08c]: Words in s. 74(1) inserted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(vi), Sch. para. 24(2)

[^key-fb10659d5f86d46c68b927e031136f08]: S. 65(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 143(4) (with art. 10)

[^key-fb392d95060518796c40cbe64ba2d682]: Words in Sch. 4A para. 10A(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 22(2)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)

[^key-fb7c0bc20bebe08741d61c956653e0f9]: Words in s. 57B(1) inserted (14.10.2018 at 2.00 a.m.) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 16

[^key-fb87f02190aec8b5993e78f7f645458b]: S. 57E modified (29.7.2016) by The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), regs. 1(1), 38(3)(4) (with reg. 4)

[^key-fbf42fa47d67c56b98d86cc5c3e0b7ef]: Words in s. 80(1)(3)(4) inserted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(vi), Sch. para. 26(3)

[^key-fdb3501a537febb1e63537cca78cd3ac]: Words in s. 4(5A) substituted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(i), Sch. para. 2(5)

[^key-ff51b3bb3f46d3ebf3c0f1a4930aa7db]: Words in s. 13A substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(i)

[^key-ff72e7c01b72378a5069cfe7c6fbb668]: Words in s. 24A(5) inserted (E.W.) (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 13(3)(c)

[^M_F_0794bbba-16fa-4184-8fc8-bc4bcc03ce24]: Ss. 13A, 13B inserted (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 30(4); S.I. 2003/1397, art. 2(1), Sch.

[^M_F_0de40b01-c777-4853-e25e-2b311b51e1ee]: Words in s. 30(1)(b) repealed (24.7.2005) by Railways Act 2005 (c. 14), Sch. 13 Pt. 1; S.I. 2005/1909, art. 2, Sch.

[^M_F_11dc0e76-fc66-4b98-cb73-460b3a595179]: S. 30(3)(aa)-(ac) inserted (24.7.2005) by Railways Act 2005 (c. 14), s. 18(1); S.I. 2005/1909 art. 2 Sch.

[^M_F_2afd8fec-14cd-47aa-e359-d4702538ee72]: Words in s. 30(3)(b) substituted (1.12.2006) by Railways Act 2005 (c. 14), Sch. 11 para. 4(a); S.I. 2006/2911, art. 2, Sch.

[^M_F_3efc2004-b0ea-4f9a-ecae-af52f16adbc0]: Words in s. 30(3)(b) substituted (1.12.2006) by Railways Act 2005 (c. 14), Sch. 11 para. 4(b); S.I. 2006/2911, art. 2, Sch.

[^M_F_43eb8f27-44f9-4406-9c06-b272990122a8]: Sch. 4A para. 15(2DA) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), Sch. 1 para. 112(3) (with art. 3, Sch. 2 para. 2)

[^M_F_44da91d6-d76c-45c1-9ffd-26955728c9c6]: Words in s. 55 cross-heading substituted (16.10.2015) by virtue of The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), Sch. para. 1

[^M_F_4f71a784-fcb6-4858-b7bc-0452db802d9e]: S. 30(3C) inserted (24.7.2005) by Railways Act 2005 (c. 14), s. 18(2); S.I. 2005/1909 art. 2 Sch.

[^M_F_5bccded8-6681-442e-d2b0-20f420a32cc3]: Words in s. 30 substituted (24.7.2005 for certain purposes, 16.10.2005 in so far as not already in force) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 20(1) (with Sch. 1 para. 20(5)); S.I. 2005/1909, art. 2, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1

[^M_F_64fce7ab-240c-43a5-a48d-47c23a81262f]: Word in s. 145(2)(k) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), art. 6(3) (with art. 3(2)art. 3(3) 4(2) 6(4)(5))

[^M_F_84fdab2a-c535-4a92-a75c-58d2ea835c6f]: S. 30(3A)(3B) inserted (24.7.2005 for certain purposes, 16.10.2005 in so far as not already in force) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 20(4) (with Sch. 1 para. 20(5)); S.I. 2005/1909, art. 2, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1

[^M_F_8530adb1-bc84-49fa-ea8c-32bee0af011d]: Word in Sch. 4A para. 10A(2)(a) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), Sch. 1 para. 111(4)(a) (with art. 3, Sch. 2 para. 2 Table)

[^M_F_ae2a39cc-962f-418d-eba9-1636f416aa01]: Sch. 4A para. 10A(1A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), Sch. 1 para. 111(3) (with art. 3, Sch. 2 para. 2 Table)

[^M_F_b0b128b0-f0d8-4233-9f55-77706566c8f7]: Words in s. 72 cross-heading substituted (16.10.2015) by virtue of The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), Sch. para. 1

[^M_F_d0797a19-c98c-4185-fdaf-fcbdcc06f1fe]: S. 30(1)(a) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 20(2), Sch. 13 Pt. 1 (with Sch. 1 para. 20(5)); S.I. 2005/1909, art. 2, Sch.

[^M_F_d341ee3d-0aa8-4183-c62f-1ad54a316193]: Words in s. 68 cross-heading substituted (16.10.2015) by virtue of The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), Sch. para. 1

[^M_F_d493425b-fda4-4809-9955-47be85303518]: Words in s. 145(2)(k) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), art. 6(1)(e) (with art. 3(2)art. 3(3) 4(2) 6(4)(5))

[^M_F_d7509d8c-201c-4474-d0c9-45e304372900]: Sch. 4A para. 10A(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), Sch. 1 para. 111(5) (with art. 3, Sch. 2 para. 2 Table)

[^M_F_d837ef28-e339-4ffd-81fa-a15061acb5e1]: Sch. 4A para. 15(2E)(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), Sch. 1 para. 112(4) (with art. 3, Sch. 2 para. 2)

[^M_F_e03d5a08-3c0b-4081-9e4f-f228372e2bc1]: S. 15C inserted (1.2.2001) by 2000 c. 38, s. 242(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

[^M_F_f043a294-bd1f-4a5c-e849-ef9ac0935362]: Sch. 4A para. 10A(2)(aa) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), Sch. 1 para. 111(4)(b) (with art. 3, Sch. 2 para. 2 Table)

[^M_F_f3259f15-5ed9-43d3-9abb-3336e0bd2bcf]: Words in s. 145(3)(w)(ii) omitted (6.4.2025 for specified purposes, 1.1.2026 for specified purposes) by virtue of The Digital Markets, Competition and Consumers Act 2024 (Consequential Amendments) Regulations 2025 (S.I. 2025/381), reg. 1(2)(4), Sch. para. 12; S.I. 2025/272, reg. 3

[^M_F_f4bdb5ff-592a-4952-8a07-87ea6551ae62]: Word in Sch. 4A para. 15(2D) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), Sch. 1 para. 112(2) (with art. 3, Sch. 2 para. 2)

[^M_F_fd955ef4-9aac-4f14-ccc4-ac8f07f0313f]: Word in Sch. 4A para. 10A(1) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), Sch. 1 para. 111(2) (with art. 3, Sch. 2 para. 2 Table)

26ZA

• (1) This section applies in the case of an invitation to tender under section 26 for the provision of services if—

• (a) the appropriate franchising authority receives no tender in response to the invitation; or

• (b) it receives a tender but considers that the services would be provided more economically and efficiently if they were provided otherwise than under a franchise agreement entered into in response to the tender.

• (2) The appropriate franchising authority may —

• (a) issue a new invitation to tender under section 26 for the provision of the services;

• (b) decide to secure the provision of the services under a franchise agreement with a person who did not submit a tender; or

• (c) decide not to seek to secure the provision of the services under a franchise agreement.

• (3) Nothing in this section prevents the appropriate franchising authority, where it has decided not to seek to secure the provision of services under a franchise agreement, from subsequently making a decision to issue a new invitation to tender for the provision of those services.

Sections 15A and 15B: supplementary.

Other terms and conditions of franchise agreements.

Proposals to discontinue franchised etc. passenger services.

Competition functions of the Office of Rail and Road

Keeping of register by the Office of Rail and Road.

Functions under local or private legislation etc.

Interpretation of Part II.

In section 40, in subsection (4), paragraph (c) and the word “or" immediately preceding it; in subsection (5), the words following paragraph (c); subsection (6); in subsection (7), paragraph (b); in subsection (8), the words “or (as the case may require) to the Railways Board"; in subsection (9), the words “the Railways Board"; in subsection (11), the words “or the Railways Board"

Reports on modification references.

Functions under section 56 of the Transport Act 1962.

Safety of railways and other guided transport systems.

Security: power of Secretary of State to give instructions.

“33 to 36, 38", paragraph (b) and the word “and" immediately preceding it.

Service of documents under sections 118 to 120: additional provisions

Minor and consequential amendments, transitional provisions and repeals.

“33 to 36, 38", paragraph (b) and the word “and" immediately preceding it.

“33 to 36, 38", paragraph (b) and the word “and" immediately preceding it.

Safety of railways and other guided transport systems.

Making of false statements etc.

Sections 15A and 15B: supplementary.

Code of practice for protection of interests of rail users who are disabled.

Service of documents under sections 118 to 120: additional provisions

Power to make consequential modifications in other Acts etc.

References under paragraph 9: time limits

“33 to 36, 38", paragraph (b) and the word “and" immediately preceding it.

Transfer schemes: general.

Power to make consequential modifications in other Acts etc.

References under paragraph 9: application of Enterprise Act 2002

In section 40, in subsection (4), paragraph (c) and the word “or" immediately preceding it; in subsection (5), the words following paragraph (c); subsection (6); in subsection (7), paragraph (b); in subsection (8), the words “or (as the case may require) to the Railways Board"; in subsection (9), the words “the Railways Board"; in subsection (11), the words “or the Railways Board"

24A

• (1) Conditions specified in an order under section 24 made by the Secretary of State or the Welsh Ministers may, in particular, include conditions which are to apply to any person providing services under an operator agreement.

• (2) An order under section 24 made by the Secretary of State or the Welsh Ministers may include provision which, subject to any modifications that the Secretary of State considers appropriate or (as the case may be) that the Welsh Ministers consider appropriate, has an effect in connection with operator agreements which corresponds or is similar to the effect of the following provisions in connection with franchise agreements—

• (a) section 27(3) of this Act (restrictions on transfer or creation of security over assets);

• (b) section 27(5) of this Act (transactions entered into in breach of restrictions to be void);

• (c) section 27(6) and (7) of this Act (no execution or other legal process etc in respect of assets);

• (d) section 31 of this Act (disapplication of legislation: security of tenure of business premises);

• (e) sections 55 to 58 of this Act (enforcement);

• (f) section 12 of, and Schedule 2 to, the Railways Act 2005 (transfer schemes), subject to subsection (4) below.

• (3) Provision included in an order by virtue of subsection (2) may be made by applying the provision in question, subject to any modifications that the Secretary of State considers appropriate or (as the case may be) that the Welsh Ministers consider appropriate.

• (4) The provision which may be included in an order by virtue of subsection (2)(f) is subject to the following restrictions—

• (a) it is to be provision which applies only where an operator agreement is or has been in force to which one of the following is or was party—

• (i) a Passenger Transport Executive,

• (ia) an STB,

• (ii) a local transport authority, or

• (iii) a relevant company;

• (b) the person entitled under the provision to make a transfer scheme is to be a Passenger Transport Executive, an STB or local transport authority which—

• (i) is or was party to the operator agreement, or

• (ii) is the owner, or one of the owners, of a relevant company which is or was party to the operator agreement;

• (c) the persons to whom assets may be transferred under a scheme made under the provision are to be—

• (i) the Passenger Transport Executive, STB or local transport authority which makes the scheme;

• (ii) any other Passenger Transport Executive, STB or local transport authority which—

• (a) is or was party to the operator agreement, or

• (b) is the owner, or one of the owners, of a relevant company which is or was party to the operator agreement;

• (iii) a relevant company;

• (iv) a person who is, or is to be, the operator under an operator agreement.

• (5) In this section—

• “local transport authority” has the same meaning as in Part 2 of the Transport Act 2000 (see section 108(4) of that Act);

• “operator agreement” means any agreement which a person who has the benefit of an exemption under section 24 may enter into for another person (“the operator”) to provide the services (or any part of the services) in respect of which the exemption is granted;

• “Passenger Transport Executive” means a body which is such an Executive for the purposes of Part 2 of the Transport Act 1968;

• “relevant company” means—a company that is wholly owned by a Passenger Transport Executive, an STB or a local transport authority, ora company of which each owner is a Passenger Transport Executive, an STB or a local transport authority.

• “STB” means a sub-national transport body established under section 102E of the Local Transport Act 2008.

References under paragraph 9: time limits

References under paragraph 9: application of Enterprise Act 2002

In section 40, in subsection (4), paragraph (c) and the word “or" immediately preceding it; in subsection (5), the words following paragraph (c); subsection (6); in subsection (7), paragraph (b); in subsection (8), the words “or (as the case may require) to the Railways Board"; in subsection (9), the words “the Railways Board"; in subsection (11), the words “or the Railways Board"

In section 40, in subsection (4), paragraph (c) and the word “or" immediately preceding it; in subsection (5), the words following paragraph (c); subsection (6); in subsection (7), paragraph (b); in subsection (8), the words “or (as the case may require) to the Railways Board"; in subsection (9), the words “the Railways Board"; in subsection (11), the words “or the Railways Board"

In section 40, in subsection (4), paragraph (c) and the word “or" immediately preceding it; in subsection (5), the words following paragraph (c); subsection (6); in subsection (7), paragraph (b); in subsection (8), the words “or (as the case may require) to the Railways Board"; in subsection (9), the words “the Railways Board"; in subsection (11), the words “or the Railways Board"

73B

• (1) The Welsh Ministers must maintain a register.

• (2) The register must be kept in such form and at such premises as the Welsh Ministers determine.

• (3) Subject to subsections (4) and (5), the Welsh Ministers must cause the provisions of each of the following to be entered in the register—

• (a) every designation made by them under section 23 and every variation or revocation of such a designation;

• (b) every exemption under section 24 granted by them;

• (c) every franchise agreement to which they are a party;

• (d) every amendment of such a franchise agreement as it relates to a Wales-only service or a Welsh component of a Welsh service, other than amendments which are unlikely to have a material effect on the provision of services under the agreement or on any sums payable under it;

• (e) every determination made by them 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;

• (f) every revocation of a determination made by them under that section in relation to a description of closures;

• (g) every condition agreed to under subsection (5) of that section in connection with a determination made by them;

• (h) every final or provisional order made by them;

• (i) every revocation by them of such an order;

• (j) every notice given by them under section 55(6) of a decision not to make such an order;

• (k) every penalty imposed by them under section 57A;

• (l) every statement of policy published by them under section 57B.

• (4) The Welsh Ministers may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as they consider it appropriate to exclude for the purpose of maintaining the confidentiality of—

• (a) matters relating to the affairs of an individual the publication of which would or might, in the Welsh Ministers’ opinion, seriously and prejudicially affect the interests of that individual; and

• (b) matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Welsh Ministers’ opinion, seriously and prejudicially affect the interests of that body.

• (5) If it appears to the Welsh Ministers that the entry of any provision in the register would be against the public interest they may decide not to enter it in the register.

• (6) The contents of the register must be available for inspection, at any time and free of charge, by the Secretary of State, the Scottish Ministers or the Office of Rail and Road.

• (7) The Secretary of State, the Scottish Ministers and the Office of Rail and Road may each require the Welsh Ministers to supply them with a certified copy of a part of the register, or with a certified extract from it, free of charge.

• (8) The references in subsection (7) to a certified copy or a certified extract are references to a copy or extract that has been certified by the Welsh Ministers to be a true copy or extract.

• (9) In subsection (3)(d) “amendment”, in relation to a franchise agreement, means any amendment however described, including variations (whether or not effected in accordance with the terms of the agreement or by a modification of it) of the property, rights and liabilities which from time to time constitute the franchise assets.

“33 to 36, 38", paragraph (b) and the word “and" immediately preceding it.

25A

• (1) The franchise term in relation to a franchise agreement may not be extended except in accordance with section 30A (temporary continuation of existing franchises).

• (2) The Secretary of State may not enter into a franchise agreement except in accordance with section 30A.

• (3) The Welsh Ministers and the Scottish Ministers may not enter into a franchise agreement.

30A

• (1) This section applies where—

• (a) the Secretary of State is the appropriate franchising authority in relation to a franchise agreement (“the existing agreement”), and

• (b) the Secretary of State is satisfied that it will not be reasonably practicable to provide, or secure the provision of, the franchised services under section 30(1) when the existing agreement comes to an end.

• (2) Where this section applies—

• (a) the Secretary of State may enter into a new franchise agreement (“the new agreement”) for the provision of the services, or

• (b) the franchise term in relation to the existing agreement may be extended.

• (3) The Secretary of State may enter into the new agreement only if—

• (a) the franchise term in relation to the new agreement is to begin immediately after the end of the franchise period in relation to the existing agreement, and

• (b) the franchisee in relation to the new agreement is to be the same person as the franchisee in relation to the existing agreement.

• (4) The Secretary of State may by regulations repeal this section and section 30B.

30B

• (1) A franchise agreement may be entered into under section 30A only by making a direct award of a public service contract in accordance with regulation 16 (emergency measures) of the 2023 Regulations.

• (2) A franchise term may be extended under section 30A only by means of a formal agreement to extend such a contract in accordance with regulation 16 of the 2023 Regulations.

• (3) For the purposes of this section the Secretary of State is to be treated as being entitled to take emergency measures under regulation 16 of the 2023 Regulations whether or not the requirements of paragraph (1) of that regulation are met.

30C

• (1) In sections 30 to 30B and this section—

• (a) “direct award” and “public service contract” have the same meanings as in the 2023 Regulations (see regulation 2(1));

• (b) “public sector company” means a company that is—

• (i) wholly owned by the Secretary of State, the Welsh Ministers or the Scottish Ministers,

• (ii) jointly owned by the Secretary of State and the Welsh Ministers, or

• (iii) jointly owned by the Secretary of State and the Scottish Ministers;

• (c) “the 2023 Regulations” means the Public Service Obligations in Transport Regulations 2023 (S.I. 2023/1369).

• (2) Subsections (4) and (5) of section 58 of the Railways Act 2005 (meaning of “wholly owned” and “jointly owned”) apply for the purposes of this section as they apply for the purposes of that Act.