Legalize / United Kingdom / Public General Act

Railways Act 1993

Type Public General Act

Publication 1993-11-05

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(d) section 53 (complaints by operators of coastal shipping about the Board’s railway charges).

(3) In section 12 (power of the Boards to construct and operate pipe-lines), in subsection (1), after the words “the Boards" there shall be inserted the words “ , other than the Railways Board, ”.

(4) In section 14(4), after the words “Each of the Boards" there shall be inserted the words “ , except the Railways Board, ”.

The Transport Act 1968

6

(1) The Transport Act 1968 shall be amended in accordance with this paragraph.

(2) In section 42 of that Act, subsection (3) (which confers power to vary commencing capital debt of the Board to take account of transfers under section 7(5) or (6) or 8(4) of that Act and which is spent) shall be omitted.

(3) Section 45 of that Act (duty of the Board periodically to review its organisation) shall cease to have effect.

(4) Section 48 of that Act (which confers power on the Boards and the new authorities to undertake activities including manufacture for sale) shall cease to have effect in relation to the Board.

(5) In section 50 of that Act—

(a) subsection (2) (power of the Board to provide and manage hotels) shall cease to have effect;

(b) in subsection (4), for the words “In subsections (2) and (3) of this section the references to hotels include references" there shall be substituted the words “ In subsection (3) of this section the reference to hotels includes a reference ”; and

(c) subsection (7) (which confers power on the Boards and the new authorities to provide technical advice and assistance and which is superseded, in the case of the Board, by section 127 of this Act) shall cease to have effect in relation to the Board.

(6) In section 55 of that Act (amendments concerning Transport Consultative Committees under section 56 of the Transport Act 1962), in subsection (1) (services and facilities in relation to which Consultative Committees’ duties are to apply)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the following shall be omitted, namely—

(i) in paragraph (a), the words from “or provided" onwards,

(ii) paragraph (b),

(iii) paragraphs (i) and (iii), and

(iv) the words from “and for the purposes" onwards,

and subsections (2), (3) and (4) (duties of Consultative Committees in relation to certain services and facilities provided in Scotland, and provision as to office accommodation for, defrayment of expenditure incurred by, and certain payments to members of, Consultative Committees) shall cease to have effect.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Fair Trading Act 1973

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Consumer Credit Act 1974

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Railways Act 1974

9

In the Railways Act 1974, section 9 (which provides for an alternative basis of remuneration for chairmen of Consultative Committees set up under section 56 of the Transport Act 1962) shall cease to have effect.

The Restrictive Trade Practices Act 1976

10

In section 41(1) of the Restrictive Trade Practices Act 1976 (exceptions from the general restriction on the disclosure of information obtained under or by virtue of that Act), in paragraph (a)—

(a) after the words “the Director General of Electricity Supply for Northern Ireland" (which were inserted by paragraph 16(a) of Schedule 12 to the Electricity (Northern Ireland) Order 1992) there shall be inserted the words “ the Rail Regulator ”; and

(b) after the words “Courts and Legal Services Act 1990" there shall be inserted the words “ or the Railways Act 1993 ”.

The Estate Agents Act 1979

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Competition Act 1980

12

(1) In section 11 of the Competition Act 1980, in subsection (3) (public bodies and other persons who may be the subject of a reference to the Monopolies Commission under that section), after paragraph (a) there shall be inserted—

(aa) any publicly owned railway company, within the meaning of the Railways Act 1993, which supplies network services or station services, within the meaning of Part I of that Act; or

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Telecommunications Act 1984

13

(1) In subsection (2) of section 101 of the Telecommunications Act 1984 (which provides that the general restriction, in subsection (1) of that section, on the disclosure of information obtained under or by virtue of that Act does not apply in relation to the performance by certain authorities of their functions under the provisions listed in subsection (3) of that section) in paragraph (b), after the words “the Director General of Electricity Supply for Northern Ireland" (which were inserted by paragraph 29(a) of Schedule 12 to the Electricity (Northern Ireland) Order 1992) there shall be inserted the words “ the Rail Regulator ”.

(2) In subsection (3) of that section (list of provisions referred to in subsection (2) of that section) after paragraph (l) (which was inserted by paragraph 29(b) of Schedule 12 to the Electricity (Northern Ireland) Order 1992) there shall be added—

(m) the Railways Act 1993

The London Regional Transport Act 1984

14

(1) Section 2 of the London Regional Transport Act 1984 (provision of passenger transport services for Greater London) shall be amended in accordance with the following provisions of this paragraph.

(2) In subsection (1) (which requires London Regional Transport, in conjunction with the Board, to provide or secure the provision of public passenger transport services in Greater London), before the words “in conjunction with the Railways Board" there shall be inserted the words “ (if and to the extent that the Railways Board continues to be under a duty by virtue of section 3 of the Transport Act 1962 to provide railway services in Greater London) ”.

(3) At the beginning of subsection (3) (duty of London Regional Transport and the Board to co-operate for the purpose of co-ordinating services etc) there shall be inserted the words “ If and so long as the Railways Board continues to be under a duty by virtue of section 3 of the Transport Act 1962 to provide railway services in Greater London, ”.

(4) After that subsection there shall be inserted—

(3A) It shall be the duty of London Regional Transport (either acting directly, or acting indirectly through subsidiaries of theirs) and the Franchising Director to co-operate with one another in the exercise and performance of their respective functions for the purpose— (a) of co-ordinating the passenger transport services for persons travelling within, to, or from Greater London— (i) which are provided by London Regional Transport or their subsidiaries; and (ii) which are provided under franchise agreements, or whose provision is secured by the Franchising Director pursuant to section 30, 37 or 38 of the Railways Act 1993; and (b) of securing or facilitating the proper discharge of London Regional Transport’s duty under subsection (1) above; and to afford to one another such information as to the services mentioned in paragraph (a) above as may reasonably be required for those purposes.

(5) In subsection (4) (power of London Regional Transport and the Board to enter into arrangements for the purposes of the co-operation required by the section)—

(a) for the words “subsection (3) above" there shall be substituted the words

subsection (3) or, as the case may be, subsection (3A) above— (a)

; and

(b) after the words “the Railways Board" there shall be inserted the words

or (b) London Regional Transport and the Franchising Director,

(6) After that subsection there shall be inserted—

(4A) The references in subsections (3A) and (4) above to the respective functions of London Regional Transport and the Franchising Director shall be taken, in the case of the functions of the Franchising Director, as a reference to— (a) his functions under sections 23 to 31 of the Railways Act 1993 (franchising of passenger services); and (b) the duties imposed upon him by sections 37 and 38 of that Act (discontinuance of railway passenger services) to secure the provision of services.

15

In section 7 of that Act (planning of passenger transport services for Greater London) in subsection (4) (which specifies the persons with whom London Regional Transport are to consult in preparing statements under that section)—

(a) after paragraph (a), there shall be inserted—

(aa) the Franchising Director;

; and

(b) for the word “and" at the end of paragraph (c) there shall be substituted—

(cc) such other persons as the Secretary of State may specify in a direction given to London Regional Transport; and

16

In section 31 of that Act (duty of Board to consult London Regional Transport as to fares and services in London) for the words “The Railways Board shall" there shall be substituted the words “ If and so long as the Railways Board continues to be under a duty by virtue of section 3 of the Transport Act 1962 to provide railway services in Greater London, the Board shall ”.

17

After that section there shall be inserted—

(31A) The Franchising Director shall from time to time consult with London Regional Transport as to— (a) the general level and structure of the fares to be charged for the carriage of passengers by railway on journeys wholly within Greater London on services— (i) which are, or are to be, provided under franchise agreements; or (ii) whose provision the Franchising Director is under a duty to secure, by virtue of section 30, 37 or 38 of the Railways Act 1993; and (b) the general level of the provision to be made for such journeys.

18

(1) Section 40 of that Act shall have effect with the following amendments.

(2) Without prejudice to the continuing validity of appointments made before the coming into force of this sub-paragraph, for subsection (2) (appointment of chairman and members by the Secretary of State) there shall be substituted—

(2) The Committee shall consist of— (a) a chairman, appointed by the Secretary of State after consultation with the Rail Regulator; and (b) such other members (not exceeding thirty) as the Secretary of State may appoint after consultation with the Rail Regulator and the chairman.

(3) In subsection (4), there shall be omitted—

(a) the words “ Subject to subsection (6) below, ”; and

(b) paragraph (c) (which confers functions with respect to matters affecting the services and facilities provided by the Board or any subsidiary of theirs) and the word “ or ” immediately preceding it.

(4) In subsection (5)—

(a) in paragraph (b) (which provides that a matter falls to be considered by the committee if it has been referred to it by certain persons or bodies), for the words “by London Regional Transport or by the Railways Board" there shall be substituted the words “ or by London Regional Transport ”; and

(b) the words following paragraph (c) (which relate to services provided by the Board or its subsidiaries) shall be omitted.

(5) Subsection (6) (which precludes the committee from considering charges for services and questions relating to the discontinuance or reduction of railway services) shall be omitted.

(6) In subsection (7), paragraph (b) (which requires copies of the committee’s minutes, requirements and recommendations in the case of certain matters affecting the Board to be sent to the Board) shall be omitted.

(7) In subsection (8) (power of the Secretary of State to give directions to certain bodies) the words “or (as the case may require) to the Railways Board” shall be omitted.

(8) In subsection (9) (requirement for certain bodies and persons to give notice of certain decisions to the committee) the words “the Railways Board” shall be omitted.

(9) In subsection (10) (committee to make annual report to the Secretary of State), after the words “Secretary of State” where first occurring there shall be inserted the words “ and the Rail Regulator ”.

(10) In subsection (11) (certain companies not to be treated as subsidiaries of certain bodies), the words “or the Railways Board” shall be omitted.

19

Section 41 of that Act (which provides for the committee to be treated as an Area Transport Users’ Consultative Committee for certain purposes and which makes other provision in connection therewith) shall cease to have effect.

20

In section 59 of that Act (which confers power on London Borough Councils and the Common Council to enter into certain agreements with the Board) for the words “the Railways Board" there shall be substituted—

(a) the Railways Board, (b) the Franchising Director, or (c) any person who is the holder of a passenger licence, a network licence or a station licence, within the meaning of Part I of the Railways Act 1993,

21

In section 68 of that Act (interpretation) the following definitions shall be inserted at the appropriate places—

(a) “ “franchise agreement” has the same meaning as in Part I of the Railways Act 1993; ”; and

(b) “ “the Franchising Director” means the Director of Passenger Rail Franchising; ”.

22

(1) In Schedule 3 to that Act, in paragraph 5 (Secretary of State to provide the committee with funds with which to meet certain expenses) after sub-paragraph (2) there shall be added—

(3) The Committee shall prepare and send to the Secretary of State not less than two months, or such other period as the Secretary of State may specify, before the beginning of each financial year a statement of the expenses which they expect to incur in respect of that year for the purposes of, or in connection with, the carrying on of their functions. (4) The Secretary of State shall consider any statement sent to him under sub-paragraph (3) above and shall either approve the statement or approve it with such modifications as he considers appropriate.

(2) In paragraph 9 of that Schedule, at the end of sub-paragraph (3) (which requires minutes to be kept of the proceedings of every meeting of the committee) there shall be added the words “ ; and copies of those minutes shall be sent to the Secretary of State, the Rail Regulator and the Central Rail Users’ Consultative Committee. ”

(3) In sub-paragraph (4) of that paragraph (power of committee to determine own procedure) after the words “Subject to the preceding provisions of this paragraph" there shall be inserted the words “ and the provisions of paragraph 11A below ” and after paragraph 11 of that Schedule there shall be inserted—

(11A) (1) Subject to sub-paragraph (2) below, meetings of the Committee shall be open to the public. (2) The public shall be excluded during any item of business where— (a) it is likely, were members of the public to be present during that item, that information furnished in confidence to the Committee by the Rail Regulator or the Franchising Director would be disclosed in breach of the obligation of confidence; (b) the Committee have resolved that, by reason of the confidential nature of the item or for other special reasons stated in the resolution, it is desirable in the public interest that the public be excluded; or (c) it is likely, were members of the public to be present during that item, that there would be disclosed to them— (i) any matter which relates to the affairs of an individual, or (ii) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where public disclosure of that matter would or might, in the opinion of the committee, seriously and prejudicially affect the interests of that individual or body. (3) The Committee shall give such notice— (a) of any meeting of the Committee which is open to the public, and (b) of the business to be taken at that meeting (other than items during which the public is to be excluded), as they consider appropriate for the purpose of bringing the meeting to the attention of interested members of the public.

The Airports Act 1986

23

(1) In subsection (2) of section 74 of the Airports Act 1986 (which provides that the general restriction, in subsection (1) of that section, on the disclosure of information obtained under or by virtue of that Act does not apply in relation to the performance by certain authorities of their functions under the provisions listed in subsection (3) of that section) in paragraph (a), after the words “the Director General of Electricity Supply for Northern Ireland" (which were inserted by paragraph 30(a) of Schedule 12 to the Electricity (Northern Ireland) Order 1992) there shall be inserted the words “ the Rail Regulator ”.

(2) In subsection (3) of that section (list of provisions referred to in subsection (2) of that section) after paragraph (m) (which was inserted by paragraph 30(b) of Schedule 12 to the Electricity (Northern Ireland) Order 1992) there shall be added—

(n) the Railways Act 1993

The Gas Act 1986

24

(1) In subsection (2) of section 42 of the Gas Act 1986 (which provides that the general restriction, in subsection (1) of that section, on the disclosure of information obtained under or by virtue of that Act does not apply in relation to the performance by certain authorities of their functions under the provisions listed in subsection (3) of that section) in paragraph (b), after the words “the Director General of Electricity Supply" there shall be inserted the words “ the Rail Regulator ”.

(2) In subsection (3) of that section (list of provisions referred to in subsection (2) of that section) after paragraph (m) there shall be added—

(n) the Railways Act 1993

The Insolvency Act 1986

25

In section 413 of the Insolvency Act 1986, at the end of subsection (2) (which imposes a requirement to consult with the Insolvency Rules Committee, except in the case of certain provisions there specified) there shall be added the words “ or by any of sections 59 to 65 of, or Schedule 6 or 7 to, the Railways Act 1993. ”

The Consumer Protection Act 1987

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Channel Tunnel Act 1987

27

In Schedule 6 to the Channel Tunnel Act 1987, in paragraph 2 (sections 4 and 6 of the Regulation of Railways Act 1889 not to apply to Concessionaires and through service operators, within the meaning of that Act), for the word “Sections" there shall be substituted the word “ Section ”.

The Electricity Act 1989

28

(1) In subsection (2) of section 57 of the Electricity Act 1989 (which provides that the general restriction, in subsection (1) of that section, on the disclosure of information obtained under or by virtue of that Act does not apply in relation to the performance by certain authorities of their functions under the provisions listed in subsection (3) of that section) in paragraph (b), after sub-paragraph (vii) there shall be inserted—

(viia) the Rail Regulator;

(2) In subsection (3) of that section (list of provisions referred to in subsection (2) of that section) after paragraph (n) there shall be added—

(nn) the Railways Act 1993

The New Roads and Street Works Act 1991

29

In section 10 of the New Roads and Street Works Act 1991 (application of the Fair Trading Act 1973 etc in relation to persons authorised by virtue of that Act to charge tolls for the use of roads), in subsection (2), paragraph (b) (which provides that, for certain purposes, section 51(3) of the Fair Trading Act 1973 is to have effect as if the Secretary of State for Transport were among the Ministers listed in that provision, and which is superseded by the amendment made by section 66(2) of this Act), and the word “and" immediately preceding it, shall cease to have effect.

The Water Industry Act 1991

30

In the Water Industry Act 1991 (subsection (3)(d) of section 206 of which provides that the general restriction contained in subsection (1) of that section on the disclosure of certain information obtained under or by virtue of that Act does not apply in relation to disclosures facilitating the performance by persons mentioned in Part I of Schedule 15 to that Act of their functions under the provisions listed in Part II of that Schedule), in Schedule 15—

(a) in Part I, after the entry relating to the Director General of Electricity Supply, there shall be inserted the entry—

The Rail Regulator

; and

(b) in Part II, after the entry relating to the Electricity Act 1989, there shall be inserted the entry—

The Railways Act 1993

The Water Resources Act 1991

31

In the Water Resources Act 1991 (subsection (2)(d) of section 204 of which provides that the general restriction contained in subsection (1) of that section on the disclosure of certain information obtained under or by virtue of that Act does not apply in relation to disclosures facilitating the performance by persons mentioned in Part I of Schedule 24 to that Act of their functions under the provisions listed in Part II of that Schedule), in Schedule 24—

(a) in Part I, after the entry relating to the Director General of Electricity Supply, there shall be inserted the entry—

The Rail Regulator

; and

(b) in Part II, after the entry relating to the Electricity Act 1989, there shall be inserted the entry—

The Railways Act 1993

The British Coal and British Rail (Transfer Proposals) Act 1993

32

The British Coal and British Rail (Transfer Proposals) Act 1993 (which provides for the Board and the British Coal Corporation to have certain powers to act to facilitate the implementation of proposals of the Secretary of State to transfer property, rights, liabilities or functions of the Board or that Corporation to other persons or bodies) shall cease to have effect, so far as relating to the Board.

SCHEDULE 13

The Central Committee

1

(1) Unless the Secretary of State otherwise directs, any person who, immediately before the coming into force of section 3 of this Act, is—

(a) the chairman of the former Central Committee, or

(b) one of the other members of that Committee appointed as such by the Secretary of State,

shall, for the remainder of the period for which he was appointed as such, be the chairman or, as the case may be, one of the other members of the Central Committee.

(2) Any reference or representation—

(a) which was made under section 56(4)(a) or (b) of the 1962 Act to the former Central Committee,

(b) which relates to a matter which is within the competence of the Central Committee, and

(c) which has not been disposed of by the former Central Committee before the coming into force of section 3 of this Act,

shall be treated as a reference or representation made to the Central Committee pursuant to paragraph (a) or (b) of subsection (2) of section 76 of this Act for the purposes of subsection (1) of that section.

(3) Any matter—

(a) which was under consideration by the former Central Committee pursuant to section 56(4)(c) of the 1962 Act,

(b) which is within the competence of the Central Committee, and

(c) which has not been disposed of by the former Central Committee before the coming into force of section 3 of this Act,

shall be treated as a matter which ought to be considered by the Central Committee under subsection (1) of section 76 of this Act by virtue of subsection (2)(c) of that section.

(4) It shall be the duty of the former Central Committee to secure that all papers and other material relating to any representation, reference or matter falling within sub-paragraph (2) or (3) above are delivered up to the Central Committee as soon as reasonably practicable after the coming into force of section 3 of this Act.

(5) In any case where—

(a) any recommendation made under section 56(4) of the 1962 Act by the former Central Committee has been received by the Secretary of State before the coming into force of section 3 of this Act, but

(b) the Secretary of State has not disposed of that recommendation before the coming into force of that section,

he may, before the expiration of the period of twelve months beginning with the coming into force of that section, give a direction to any person providing a railway service whom he considers responsible for the matters dealt with in the recommendation.

(6) As respects the financial year at the beginning of which, or during which, section 3 of this Act comes into force—

(a) the Central Committee shall as soon as practicable prepare and send to the Regulator a statement of the expenses which they expect to incur in respect of that financial year for the purposes of, or in connection with, the carrying out of their functions; and

(b) the Regulator shall consider any statement sent to him under paragraph (a) above and shall either approve the statement or approve it with such modifications as he considers appropriate.

(7) In this paragraph—

“the 1962 Act” means the Transport Act 1962;

“the Central Committee” has the same meaning as in Part I of this Act;

“the former Central Committee” means the Central Transport Consultative Committee for Great Britain, established under section 56 of the 1962 Act.

(8) For the purposes of this paragraph the matters which are within the competence of the Central Committee are any matters of a kind which, after the coming into force of section 3 of this Act, the Central Committee has power, or is under a duty, to investigate under section 76 of this Act.

Consultative committees

2

(1) Until such time as the Regulator otherwise directs—

(a) there shall be the same number of consultative committees as there are Area Committees immediately before the coming into force of section 2 of this Act; and

(b) there shall be a consultative committee for each area for which, immediately before the coming into force of that section, there is an Area Committee.

(2) Unless the Regulator otherwise directs, any person who, immediately before the coming into force of section 2 of this Act, is the chairman or one of the other members of an Area Committee for any area shall, for the remainder of the period for which he was appointed as such, be the chairman or, as the case may be, one of the other members of the consultative committee for that area.

(3) Any reference or representation—

(a) which was made under section 56(4)(a) or (b) of the 1962 Act to an Area Committee for any area,

(b) which relates to a matter which is within the competence of the consultative committee for that area, and

shall be treated as a reference or representation made to the consultative committee pursuant to paragraph (a) or (b) of subsection (2) of section 77 of this Act for the purposes of subsection (1) of that section.

(4) Any matter—

(a) which was under consideration by an Area Committee for any area pursuant to section 56(4)(c) of the 1962 Act,

(b) which is within the competence of the consultative committee for that area, and

shall be treated as a matter which ought to be considered by the consultative committee under subsection (1) of section 77 of this Act by virtue of subsection (2)(c) of that section.

(5) It shall be the duty of the Area Committee for any area to secure that all papers and other material relating to any representation, reference or matter falling within sub-paragraph (3) or (4) above are delivered up to the consultative committee for that area as soon as reasonably practicable after the coming into force of section 2 of this Act.

(6) In any case where—

(a) any recommendation made under section 56(4) of the 1962 Act by an Area Committee has been received by the Secretary of State before the coming into force of section 2 of this Act, but

(b) the Secretary of State has not disposed of that recommendation before the coming into force of that section,

(7) As respects the financial year at the beginning of which, or during which, section 2 of this Act comes into force—

(a) each consultative committee shall as soon as practicable prepare and send to the Regulator a statement of the expenses which they expect to incur in respect of that financial year for the purposes of, or in connection with, the carrying out of their functions; and

(b) the Regulator shall consider any statement sent to him under paragraph (a) above and shall either approve the statement or approve it with such modifications as he considers appropriate.

(8) In this paragraph—

“the 1962 Act” means the Transport Act 1962;

“Area Committee” means an Area Transport Users Consultative Committee, established under section 56 of the 1962 Act;

“consultative committee” means a consultative committee established under subsection (2) of section 2 of this Act.

(9) For the purposes of this paragraph the matters which are within the competence of a consultative committee are any matters of a kind which, after the coming into force of section 2 of this Act, the committee has power, or is under a duty, to investigate under section 77 of this Act.

Proposed closures

3

(1) This paragraph applies in any case where—

(a) notice of a proposed closure has been given pursuant to subsection (7) of section 56 of the 1962 Act before the relevant date, but

(b) the Minister has not, before that date, either given or refused his consent to the proposed closure.

(2) Where this paragraph applies, subsections (7) to (10) and (13) of section 56 of the 1962 Act (and, accordingly, section 54 of the 1968 Act) shall, notwithstanding anything in section 49(1) of this Act, continue to have effect in relation to the proposed closure in question, but with the substitution—

(a) for any reference to an Area Committee of a reference to a consultative committee, and

(b) for any reference to the former Central Committee of a reference to the Central Committee,

and the closure provisions of this Act shall not have effect in relation to that proposed closure.

(3) In this paragraph—

“the 1962 Act” means the Transport Act 1962;

“the 1968 Act” means the Transport Act 1968;

“Area Committee” means an Area Transport Users Consultative Committee, established under section 56 of the 1962 Act, and includes a reference to the London Regional Passengers’ Committee in its capacity as such a Committee by virtue of section 41 of the London Regional Transport Act 1984;

“the Central Committee” has the same meaning as in Part I of this Act;

“the closure provisions of this Act” means sections 37 to 49 of this Act and Schedule 5 to this Act;

“consultative committee” has the same meaning as in Part I of this Act and includes a reference to the London Regional Passengers’ Committee in its capacity as consultative committee for the Greater London area, within the meaning of section 2 of this Act;

“the former Central Committee” means the Central Transport Consultative Committee for Great Britain, established under section 56 of the 1962 Act;

“the Minister” has the same meaning as in section 56 of the 1962 Act;

“proposed closure” has the same meaning as in section 56 of the 1962 Act;

“the relevant date” means the date on which the closure provisions of this Act come into force.

Saving for section 41 of the Channel Tunnel Act 1987

4

(1) Section 41 of the Channel Tunnel Act 1987 (which applies certain statutory functions of consumer committees to complaints about international railway passenger services as they apply in relation to services and facilities provided by the Board and its subsidiaries) shall continue to have effect as if section 78(1) of this Act and paragraphs 6(6)(b) and 18(3) to (8) and (10) of Schedule 12 to this Act had not been enacted.

(2) In the application of subsection (5) of section 40 of the London Regional Transport Act 1984 by virtue of section 41 of the Channel Tunnel Act 1987, for the words in that subsection from “those services or facilities are within the competence of the Committee" onwards there shall be substituted the words “ those services or facilities are provided within the area which is for the time being “the Greater London area” for the purposes of section 2 of the Railways Act 1993. ”

SCHEDULE 14

The Rail Regulator. . ..

7A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13A

(1) Every reference under section 13 above shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made.

(2) A report of the CMA on a reference under section 13 above shall not have effect (and no action shall be taken in relation to it under section 15 below) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the Office of Rail and Road under subsection (3) below.

(3) The Office of Rail and Road may, if it has received representations on the subject from the CMA and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months.

(4) No more than one extension is possible under subsection (3) above in relation to the same reference.

(5) The Office of Rail and Road shall, in the case of an extension made by it under subsection (3) above—

(a) publish that extension in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and

(b) send a copy of what has been published by it under paragraph (a) above to the holder of the licence.

13B

(1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, as they had effect immediately before the relevant date and with the modifications mentioned in subsections (1A), (2) and (3) below, for the purposes of references under section 13 above as they applied immediately before that date for the purposes of references under that Part—

(a) section 109 (attendance of witnesses and production of documents etc.);

(b) section 110 (enforcement of powers under section 109: general);

(d) section 112 (penalties: main procedural requirements);

(e) section 113 (payments and interest by instalments);

(f) section 114 (appeals in relation to penalties);

(g) section 115 (recovery of penalties); and

(h) section 116 (statement of policy).

(1A) Section 109 shall, in its application by virtue of subsection (1) above, have effect as if—

(a) for subsection (A1), there were substituted—

(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under section 13 of the Railways Act 1993.

, and

(b) subsection (8A) were omitted.

(2) Section 110 shall, in its application by virtue of subsection (1) above, have effect as if—

(a) subsection (2) were omitted; ...

(aa) after subsection (3), there were inserted—

(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

; and

(b) in subsection (9) the words from “or section" to “section 65(3))" were omitted.

(3) Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—

(ii) if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.

(4) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply , as it had effect immediately before the relevant date, in relation to functions of the CMA in connection with references under section 13 as it applied immediately before that date in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), —

(a) the words “, OFCOM or the Secretary of State” were omitted; and

(b) for the words “their functions” there were substituted “ its functions ”.

(5) Provisions of Part 3 of the Enterprise Act 2002 which , immediately before the relevant date, had effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders), shall, for the purposes of the application of those sections by virtue of subsection (1) or (4) above, have effect in relation to those sections as applied by those subsections as those provisions had effect immediately before that date.

(6) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.

(7) In this section “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.

15A

(1) The CMA may, within the period of four weeks beginning with the day on which they are given notice under section 15(4A) above, give a direction to the Office of Rail and Road . . . —

(a) not to make, or require the making of, the modifications set out in the notice; or

(b) not to make such of those modifications as are specified in the direction.

(2) The Secretary of State may, if an application is made to him by the CMA within that period of four weeks, extend the period within which a direction may be given under this section to one of six weeks beginning with the day on which the CMA are given notice under section 15(4A) above.

(3) The CMA may give a direction under this section only if the modifications to which it relates do not appear to them requisite for the purpose of remedying or preventing the adverse effects specified in their report on the reference under section 13 above.

(4) If the CMA give a direction under this section, they shall give notice—

(a) setting out the modifications contained in the notice given under section 15(4A) above;

(b) setting out the direction; and

(5) A notice under subsection (4) above shall be given—

(a) by publishing the notice in such manner as the CMA consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the direction; and

(b) by serving a copy of the notice on the holder of the licence.

15B

(1) If the CMA give a direction under section 15A above, they shall themselves make such modifications of the conditions of the licence as appear to them requisite for the purpose of remedying or preventing—

(a) the adverse effects specified in their report on the reference under section 13 above; or

(b) such of those adverse effects as would not be remedied or prevented by the modifications made by the Office of Rail Regulation, . . . , under section 15(4D) above.

(2) In exercising the function conferred by subsection (1) above, the CMA shall have regard to the matters as respects which duties are imposed on the Office of Rail and Road by section 4 above.

(3) Before making modifications under this section, the CMA shall give notice—

(a) stating that they propose to make the modifications and setting out their effect,

(b) stating the reasons why they propose to make the modifications, and

(c) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(4) A notice under subsection (3) above shall be given—

(a) by publishing the notice in such manner as the CMA consider appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by the making of the modifications; and

(b) by serving a copy of the notice on the holder of the licence.

(5) As soon as practicable after making any modifications under this section, the CMA shall send a copy of those modifications to the Office of Rail and Road, the Authority and the Health and Safety Executive.

15C

(1) For the purposes of the law relating to defamation, absolute privilege attaches to any notice under section 15A(4) or 15B(3) above.

(2) In giving any notice under section 15A(4) or 15B(3) above, the CMA must have regard to the following considerations before disclosing any information.

(2A) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the CMA thinks is contrary to the public interest.

(2B) The second consideration is the need to exclude from disclosure (so far as practicable)—

(a) commercial information whose disclosure the CMA thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b) information relating to the private affairs of an individual whose disclosure the CMA thinks might significantly harm the individual’s interests.

(2C) The third consideration is the extent to which the disclosure of the information mentioned in subsection (2B)(a) or (b) above is necessary for the purposes of the notice.

(2D) The following sections of Part 3 of the Enterprise Act 2002 shall apply, as they had effect immediately before the relevant date and with the modifications mentioned in subsections (2DA), (2E) and (2F) below, for the purposes of any investigation by the CMA for the purposes of the exercise of its functions under section 15A or 15B above, as they applied immediately before that date for the purposes of any investigation on references under that Part—

(a) section 109 (attendance of witnesses and production of documents etc.);

(b) section 110 (enforcement of powers under section 109: general);

(d) section 112 (penalties: main procedural requirements);

(e) section 113 (payments and interest by instalments);

(f) section 114 (appeals in relation to penalties);

(g) section 115 (recovery of penalties); and

(h) section 116 (statement of policy).

(2DA) Section 109 shall, in its application by virtue of subsection (2D) above, have effect as if—

(a) for subsection (A1), there were substituted—

(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under section 15A or 15B of the Railways Act 1993.

, and

(b) subsection (8A) were omitted.

(2E) Section 110 shall, in its application by virtue of subsection (2D) above, have effect as if—

(a) subsection (2) were omitted;

(b) after subsection (3), there were inserted—

(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the sending of a copy to the Office of Rail and Road under section 15B(5) of the Railways Act 1993 of the modifications made by the CMA in connection with the reference concerned or, if no direction has been given by the CMA under section 15A(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

; and

(2F) Section 111(5)(b) shall, in its application by virtue of subsection (2D) above, have effect as if for sub-paragraph (ii) there were substituted—

(“) if earlier, the day on which a copy of the modifications made by the CMA in connection with the reference concerned is sent to the Office of Rail and Road under section 15B(5) of the Railways Act 1993 or, if no direction is given by the CMA under section 15A(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period. ".

(2G) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply , as it had effect immediately before the relevant date, in relation to functions of the CMA in connection with the exercise of its functions under section 15A and 15B above as it applied immediately before that date in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), —

(a) the words “, OFCOM or the Secretary of State” were omitted; and

(b) or the words “their functions” there were substituted “ its functions ”.

(2H) Provisions of Part 3 of the Enterprise Act 2002 which , immediately before the relevant date, had effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (2D) or (2G) above, have effect in relation to those sections as applied by virtue of those subsections as those provisions had effect immediately before that date.

(2I) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.

(2) The provisions are—

(a) sections 82(1) and (2) (general provisions as to reports), 85 (attendance of witnesses and production of documents) and 93B (false or misleading information) of the 1973 Act;

(b) Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission’s general functions); and

(3) For the purpose of assisting the CMA in exercising their functions under sections 15A and 15B above, the Office of Rail and Road. . . shall . . . give to the CMA any information in . . . its possession which relates to matters relevant to the exercise of those functions and—

(a) is requested by the CMA for that purpose; or

(b) is information which, in . . . its opinion, it would be appropriate for that purpose to give to the CMA without any such request;

and any other assistance which the CMA may require, and which it is within . . . its power to give, in relation to any such matters.

(4) For the purpose of exercising those functions, the CMA shall take account of any information given to them for that purpose under subsection (3) above.

(5) In this section “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.

Directions to provide, improve or develop railway facilities

16A

(1) The Office of Rail and Road may, on an application—

(a) made by the appropriate facilities authority, or

(b) made by any other person with the consent of the appropriate facilities authority,

give to the operator of a network, station or light maintenance depot a direction to provide a new railway facility if the Office of Rail and Road considers him to be an appropriate person to provide the new railway facility.

(2) The Office of Rail and Road may, on an application—

(a) made by the appropriate facilities authority, or

(b) made by any other person with the consent of the appropriate facilities authority,

give to a person who has an estate or interest in, or right over, an existing railway facility a direction to improve or develop the railway facility if the Office of Rail and Road considers him to be an appropriate person to improve or develop the railway facility.

(3) The consent of the appropriate facilities authority to the making by any other person of an application under subsection (1) or (2) above may be given subject to compliance with conditions (and may be withdrawn if any condition is not complied with before the Office of Rail and Road decides whether to give the direction).

(3A) In this section and sections 16B to 16G below “the appropriate facilities authority”—

(a) in relation to facilities in Scotland, means the Scottish Ministers; and

(b) in relation to any other facilities, means the Secretary of State.

16B

(1) The appropriate facilities authority may, after consultation with the Office of Rail and Road, by order grant exemption from subsection (1) or (2) of section 16A above (or from both of those subsections) in respect of such railway facilities as may be specified in the order, but subject to compliance with such conditions (if any) as may be so specified.

(2) An exemption under subsection (1) above may be granted in respect of—

(a) railway facilities of a particular class or description, or

(b) a particular railway facility,

or in respect of part only of railway facilities of a particular class or description or a particular railway facility.

(3) An exemption under subsection (1) above may be granted generally, to persons of a particular class or description or to a particular person.

(4) If a person fails to comply with any condition subject to compliance with which an exemption was granted, the appropriate facilities authority may give a direction declaring that the exemption is revoked, so far as relating to that person, to such extent and as from such date as may be specified in the direction.

(5) Subject to subsection (4) above, an exemption, unless previously revoked in accordance with any term contained in the exemption, shall continue in force for such period as may be specified in, or determined by or under, the exemption.

(6) Exemptions may make different provision, or be granted subject to compliance with different conditions, for different cases.

(7) A statutory instrument containing an order made under this section by the Scottish Ministers shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

16C

(1) An application for a direction under section 16A above must be made to the Office of Rail and Road in writing.

(2) The application must—

(a) specify the person to whom the direction would be given;

(b) state what it would require him to do; and

(c) give the applicant’s reasons for considering that person to be an appropriate person to do what the direction would require him to do.

(3) The applicant may at any time vary what the direction would require that person to do by giving to the Office of Rail and Road notice in writing of the variation; but if the applicant is a person other than the appropriate facilities authority such a notice may only be given with the consent of the Authority.

(4) The application or notice of a variation may be accompanied by any written representations which the applicant wishes to make in relation to the direction.

16D

(1) When the Office of Rail and Road has received the application or notice of a variation, it

(a) send a copy to the person specified in the application, the appropriate facilities authority (if it is not the applicant) and any other persons who the Office of Rail and Road considers ought to be sent one; and

(b) invite them to make written representations within a period specified in the invitation.

(2) If the person specified in the application makes representations that he is not an appropriate person to do what the direction would require him to do, the Office of Rail and Road must decide that issue in advance of considering any other matters which may be relevant in deciding whether to give the direction.

(3) If that person makes such representations but the Office of Rail and Road decides that he is an appropriate person to do what the direction would require him to do, the Office of Rail and Road must—

(a) notify him of that decision; and

(b) invite him to make written representations within a period specified in the invitation about any other matters which may be relevant in deciding whether to give the direction.

(4) The Office of Rail and Road must—

(a) send the applicant a copy of any representations received by it in response to any invitation under subsection (1) or (3) above; and

(b) invite him to make further written representations within a period specified in the invitation.

(5) Subject to subsection (6) below, the Office of Rail and Road may substitute as the applicant any other person if—

(a) the applicant,

(b) the other person, and

consent to the substitution.

(6) The applicant may, by giving notice in writing to the Office of Rail and Road, withdraw or suspend the application at any time before the Office of Rail and Road decides whether to give the direction.

(7) The Office of Rail and Road may direct—

(a) the person specified in the application,

(b) the applicant, or

to provide him with any information required by him in order to decide whether to give the direction.

(8) If a person fails to comply with a direction under subsection (7) above, the High Court or the Court of Session may, on the application of the Office of Rail and Road make such order as it thinks fit for requiring the failure to be made good.

(9) Such an order may provide that all the costs or expenses of and incidental to the application shall be borne by—

(a) the person who failed to comply; or

(b) in the case of a company or other association, any officers who are responsible for the failure to comply.

16E

(1) The Office of Rail and Road may only give a direction to a person under section 16A above to provide, improve or develop a railway facility if he is satisfied that the person will be adequately rewarded for providing, improving or developing the railway facility in accordance with the direction.

(2) In considering whether he is so satisfied the Office of Rail and Road shall take into account (in particular)—

(a) any receipts obtained or likely to be obtained by the person (from the appropriate facilities authority, passengers, operators of railway services or any other persons) in connection with, or as a result of, the provision, improvement or development of the railway facility; and

(b) any other benefit obtained or likely to be obtained by him in consequence of its provision, improvement or development.

(3) Representations made by the applicant for a direction—

(a) under section 16C(4) above, or

(b) in response to an invitation under section 16D(4) above,

may, in particular, include representations as to matters which he considers the Office of Rail and Road should take into account in deciding whether the person to whom the direction would be given would be adequately rewarded for doing what it would require him to do.

16F

(1) If the Office of Rail and Road does not consider it right to give a direction under section 16A above in the terms applied for (or to reject the application), it may give a direction under that section in modified terms.

(2) The Office of Rail and Road may include supplementary provisions in any direction under section 16A above, including (in particular)—

(a) provision adding detail (for instance, as to the time by which, or standard to which, the person to whom it is given is to do anything which it requires him to do); and

(b) provision imposing requirements on the applicant (for instance, to make arrangements for rewarding the person to whom the direction is given or to make payments to him).

(3) Before giving a direction under section 16A above which is in modified terms or includes supplementary provisions, the Office of Rail and Road shall—

(a) notify its intention to give a direction to the applicant, the appropriate facilities authority (if it is not the applicant) and any other persons who the Regulator considers ought to be notified; and

(b) invite them to make written representations within a period specified in the invitation;

and if the applicant makes representations that the direction should not be given, the Office of Rail and Road shall not give it.

(4) Whatever the Office of Rail and Road’s decision on an application it shall notify the decision to—

(a) the person specified in the application;

(b) the applicant; and

(5) the Office of Rail and Road may direct the person specified in the application or the applicant to pay to—

(a) the other of those persons, or

(b) any other person directed to provide information under section 16D(7) above,

any such amount as it considers appropriate in respect of costs incurred in connection with the application.

16G

(1) A person shall not be regarded as failing to comply with a direction under section 16A above if he has done everything which it is reasonably practicable to do in order to comply with the direction.

(2) If a person is unable to comply with such a direction because he does not have the necessary powers or rights (including rights over land), he shall not be taken to have done everything which it is reasonably practicable to do in order to comply with the direction unless he has done everything which it is reasonably practicable to do in order to obtain those powers or rights.

(3) A direction under section 16A above may only be revoked or varied by the Office of Rail and Road —

(a) on the application of the person to whom the direction was given, the applicant for the direction or the Authority (if it was not the applicant); and

(b) after consultation with the other persons with power to apply for a revocation or variation.

(4) Such a direction may only be varied on an application by the applicant for the direction or the appropriate facilities authority if the Office of Rail and Road is satisfied that the person to whom the direction was given will be adequately rewarded for providing, improving or developing the railway facility in accordance with the varied direction, taking into account (in particular) the matters specified in section 16E(2) above.

(5) The Office of Rail and Road may grant an application for the variation or revocation of a direction under section 16A above by the applicant for the direction or the appropriate facilities authority on condition that he or it secures that any such compensation as the Office of Rail and Road may specify is paid to the person to whom the direction was given in respect of any liabilities incurred, or other things done, by him in complying with the direction.

16H

(1) The Office of Rail and Road shall prepare, and from time to time revise, a code of practice supplementing sections 16A to 16G above and shall publish it in such manner as it considers appropriate.

(2) The Office of Rail and Road shall have regard to the code of practice in the exercise of its functions under those sections.

(3) The code of practice may (in particular)—

(a) set out minimum periods to be specified in invitations to make representations;

(b) include provision about requesting the provision of information prior to giving a direction under section 16D(7) above;

(d) make provision about the consultation required by section 16G(3)(b) above.

16I

(1) References in sections 16A to 16H above and this section to a railway facility include part of a railway facility.

(2) Nothing in any of those sections or a direction under section 16A above—

(a) limits any power of the Office of Rail and Road under any other provision of this Act; or

(b) affects any obligation to provide a new railway facility, or to improve or develop an existing railway facility, arising otherwise than from such a direction.

19A

Schedule 4A to this Act (which contains provision about the review of access charges by the Office of Rail and Road) shall have effect.

22A

(1) The Office of Rail and Road may, on the application of the person permitted by an access agreement to use the whole or part of a railway facility or network installation, give directions requiring the parties to the access agreement to make to the agreement—

(a) amendments permitting more extensive use of the railway facility or network installation by the applicant; and

(b) any amendments which the Office of Rail and Road considers necessary or desirable in consequence of those amendments.

(2) In subsection (1)(a) above “more extensive use” means—

(a) increased use for the purpose for which the applicant is permitted by the access agreement to use the railway facility or network installation, or

(b) (in the case of a railway facility) use for any other permitted purpose,

and if the applicant is permitted to use only part of the railway facility or network installation, includes use for the purpose for which he is permitted to use it, or (in the case of a railway facility) for any other permitted purpose, of any other part of the railway facility or network installation.

(3) In subsection (2) above “permitted purpose”, in relation to a railway facility, means a purpose for which directions may be given in relation to the railway facility under section 17 above.

(4) No directions shall be given under this section in relation to a railway facility if and to the extent that—

(a) the railway facility is, by virtue of section 20 above, an exempt facility; or

(b) performance of the access agreement as amended would necessarily involve the facility owner in being in breach of another access agreement . . . .

(5) No directions shall be given under this section in relation to a railway facility or network installation if and to the extent that, as a result of an obligation or duty owed by the facility owner or installation owner which arose before the coming into force of section 17 or 19 above, the consent of some other person is required by him before he may make the amendments.

(6) Nothing in this section authorises the Office of Rail and Road to give directions to any person requiring him to grant a lease of the whole or any part of a railway facility or network installation.

(7) In this section and section 22B below—

(a) “lease” has the same meaning as in section 17 above; and

(b) “network installation” has the same meaning as in section 19 above.

22B

(1) Schedule 4 to this Act shall have effect with respect to applications for directions under section 22A above as it has effect with respect to applications for directions under section 17 above (but subject as follows).

(2) In its application by virtue of this section Schedule 4 to this Act has effect with the following modifications—

(a) in paragraph 1, in the definition of “the facility owner", for “17(1)" there shall be substituted “22A" and, in the definition of “interested person", for “enter into the required access contract" there shall be substituted “make the amendments";

(b) in paragraph 2(1), for “which the applicant proposes should be contained in the required access contract" and “to be contained in the required access contract" there shall be substituted “of the proposed amendments";

(c) in paragraph 5(2), for “to the facility owner requiring him to enter into an access contract" there shall be substituted “under section 22A of this Act";

(d) for paragraph 5(2)(a)(i) and (ii) there shall be substituted “the amendments to be made and the date by which they are to be made; and";

(e) in paragraph 6(2), for the words from “facility owner’s" to the end of paragraph (c) there shall be substituted “making of the amendments, the performance of the access agreement as amended or failing to take any step to protect the interests of the interested person in connection with the application for directions or the making of the amendments,"; and

(f) in paragraph 6(3), for “any access contract which is entered into" there shall be substituted “the amendments made";

and the definition of “the required access contract", and the words following that definition, in paragraph 1 and paragraph 5(4) shall be omitted.

(3) In its application by virtue of this section in relation to an application relating to an installation access contract Schedule 4 to this Act has effect with the following further modifications—

(a) references to the railway facility shall have effect as references to the network installation;

(b) references to the facility owner shall have effect as references to the installation owner; and

(4) The Regulator may determine that, in their application by virtue of this section in relation to any particular application, paragraphs 3 and 4 of Schedule 4 to this Act shall have effect as if for any of the numbers of days specified in them there were substituted the lower number specified by the Regulator.

22C

(1) The Office of Rail and Road may give directions requiring the parties to an access agreement to make to the access agreement amendments which are, in its opinion, necessary to give effect to the conditions of a licence or otherwise required in consequence of the conditions of a licence.

(2) The Office of Rail and Road shall not have power to direct or otherwise require amendments to be made to an access agreement except in accordance with section 22A above, subsection (1) above or Schedule 4A to this Act.

(3) If an access agreement includes provision for any of its terms to be varied—

(a) by agreement of the parties, or

(b) by direction or other requirement of the Office of Rail and Road,

a variation made pursuant to that provision shall not be regarded for the purposes of section 22 above or subsection (2) above as an amendment of the agreement.

26A

(1) The Authority shall give notice to the Secretary of State if it has—

(a) issued an invitation to tender for the provision of any services under section 26 above (otherwise than in compliance with a direction under section 26B(3)(b) below); but

(b) received no tenders in response to the invitation.

(2) On receipt of the notice under subsection (1) above the Secretary of State shall (after considering the matter) give to the Authority—

(a) a direction to issue new invitations to tender for the provision of the services under section 26 above, or

(b) a direction not to seek to secure the provision of the services under a franchise agreement,

as he considers appropriate.

(3) The Secretary of State may at any time—

(a) revoke a direction under subsection (2)(b) above; and

(b) instead direct the Authority to issue new invitations to tender for the provision of the services under section 26 above.

26B

(1) The Authority shall give notice under subsection (2) below if—

(a) it has issued an invitation to tender for the provision of any services under section 26 above (otherwise than in compliance with a direction under subsection (3)(b) below); but

(b) although it has received a tender or tenders in response to the invitation, it considers that the services would be provided more economically and efficiently than under a franchise agreement entered into pursuant to the tender or any of the tenders if the Authority provided them or secured their provision otherwise than under a franchise agreement.

(2) The notice shall be given to—

(a) the Secretary of State; and

(b) the person, or each of the persons, who submitted a tender.

(3) On receipt of the notice under paragraph (a) of subsection (2) above the Secretary of State shall (after considering the matter and any representations duly made in response to a notice under paragraph (b) of that subsection and not withdrawn) give to the Authority—

(a) a direction to reconsider the tender or tenders with a view to selecting a franchisee, or

(b) a direction to issue new invitations to tender for the provision of the services under section 26 above,

as he considers appropriate.

(4) The Authority shall give notice under subsection (5) below if it has issued an invitation to tender for the provision of any services under section 26 above in compliance with a direction under subsection (3)(b) above but either—

(a) it has received no tenders in response to the invitation; or

(b) although it has received a tender or tenders in response to the invitation, it considers that the services would be provided more economically and efficiently than under a franchise agreement entered into pursuant to the tender or any of the tenders if the Authority provided them or secured their provision otherwise than under a franchise agreement.

(5) The notice shall be given to—

(a) the Secretary of State; and

(b) if the Authority received a tender or tenders, the person, or each of the persons, who submitted a tender.

(6) In a case where the Authority has received no tenders, on receipt of the notice under subsection (5)(a) above the Secretary of State shall give to the Authority a direction not to seek to secure the provision of the services under a franchise agreement.

(7) In a case where the Authority has received a tender or tenders, on receipt of the notice under paragraph (a) of subsection (5) above the Secretary of State shall (after considering the matter and any representations duly made in response to a notice under paragraph (b) of that subsection and not withdrawn) give to the Authority—

(a) a direction to reconsider the tender or tenders with a view to selecting a franchisee, or

(b) a direction not to seek to secure the provision of the services under a franchise agreement,

as he considers appropriate.

(8) Any notice under subsection (2)(b) or (5)(b) above shall specify a period (not being less than 28 days from the date of the service of the notice) within which representations may be made to the Secretary of State.

(9) The Secretary of State may at any time—

(a) revoke a direction under subsection (6) or (7)(b) above; and

(b) instead direct the Authority to issue new invitations to tender for the provision of the services under section 26 above.

26C

(1) If the Secretary of State gives a direction under section 26B(3) or (7) above, he shall give notice to the person or persons who submitted the tender or tenders that he has done so.

(2) An application for the review of a decision of the Secretary of State to give a direction under section 26B(3) or (7) above may be made to the court by any person who submitted a tender within 42 days from the date of service on him of the notice under subsection (1) above.

(3) Except as provided by subsection (2) above, a direction under section 26A or 26B above shall not be questioned by any legal proceedings whatever.

(4) In subsection (2) above “the court” means—

(a) the High Court in relation to England and Wales; and

(b) the Court of Session in relation to Scotland.

Consumer protection conditions.

Modification by order under other enactments.

46A

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46B

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47A

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47B

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57A

(1) If the appropriate authority is satisfied that a relevant operator has contravened or is contravening—

(a) a relevant condition or requirement, or

(b) a final or provisional order made by the appropriate authority,

the appropriate authority may impose on the relevant operator a penalty of such amount as is reasonable.

(2) A penalty is payable

(a) in the case of a penalty imposed by the Scottish Ministers, to them; ...

(aa) in the case of a penalty imposed by the Welsh Ministers, to them; and

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

(3) The amount of a penalty imposed on a relevant operator may not exceed 10 per cent. of his turnover determined in accordance with an order made by the Secretary of State; and an order under this subsection shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of each House of Parliament.

(4) No penalty may be imposed in respect of any contravention of a final or provisional order if provision was made in the order by virtue of section 55(7A) above in relation to the contravention.

(5) Neither the Secretary of State nor the Scottish Ministers nor the Welsh Ministers shall impose a penalty on a licence holder or person under closure restrictions unless—

(a) the Secretary of State, the Scottish Ministers or the Welsh Ministers (as the case may be) has or have given notice to the Office of Rail and Road specifying a period within which it may give notice to him or them if it considers that the most appropriate way of proceeding is under the Competition Act 1998;

(b) that period has expired; and

(c) the Office of Rail and Road has not given notice to the Secretary of State, the Scottish Ministers or the Welsh Ministers (as the case may be) within that period that it so considers (or, if it has, it has withdrawn it).

(6) Before imposing a penalty under this section, the Office of Rail and Road shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(7) The Office of Rail and Road shall not impose a penalty under this section if it considers that it would be more appropriate to proceed under the Competition Act 1998.

57B

(1) The Secretary of State, the Scottish Ministers, the Welsh Ministers and the Office of Rail and Road shall each prepare and publish a statement of policy with respect to the imposition of penalties and the determination of their amount.

(2) A statement of policy may include provision for a decision whether to impose a penalty, or the determination of the amount of any penalty, in respect of the contravention of any relevant condition or requirement or order to be influenced by—

(a) the desirability of securing compliance with that relevant condition or requirement or order;

(b) the consequences or likely consequences of anything which has been or is being done or omitted to be done in contravention of that relevant condition or requirement or order; and

(c) the desirability of deterring contraventions of relevant conditions and requirements and final and provisional orders.

(3) In deciding whether to impose a penalty, and in determining the amount of any penalty, in respect of a contravention the Secretary of State, the Scottish Ministers, the Welsh Ministers and Regulator shall have regard to any statement of his, their or its . . . policy published at the time when the contravention occurred.

(4) The Secretary of State, the Scottish Ministers, the Welsh Ministers and the Office of Rail and Road —

(a) may at any time alter or replace a statement of his, their or. . . its policy; and

(b) shall publish the altered or replacement statement.

(5) The Secretary of State, the Scottish Ministers, the Welsh Ministers and the Office of Rail and Road shall undertake appropriate consultation when preparing, altering or replacing a statement of policy.

(6) The Secretary of State, the Scottish Ministers, the Welsh Ministers and the Office of Rail and Road shall publish a statement of policy in the manner that appears most suitable for bringing it to the attention of those likely to be affected by it.

(7) This section applies in relation to sums required to be paid by virtue of section 55(7A) above as to penalties, but as if—

(a) references to the imposition of penalties were to the inclusion in an order of a requirement to pay a sum;

(b) references to relevant conditions or requirements were omitted; and

(c) the reference in subsection (2)(b) above to anything which has been or is being done or omitted to be done included a reference to anything which is likely to be done or omitted to be done.

57C

(1) Before it imposes a penalty on a relevant operator, the appropriate authority shall give notice—

(a) stating that it proposes to impose a penalty on the relevant operator and the amount of the penalty proposed,

(b) setting out the relevant condition or requirement or order in question,

(c) specifying the acts or omissions which, in its opinion, constitute contraventions of that condition or requirement or order and the other facts which, in its opinion, justify the imposition of a penalty and the amount of the penalty proposed,

(d) specifying the manner in which, and place at which, it is proposed to require the penalty to be paid, and

(e) specifying the period (not being less than 21 days from the date of publication of the notice) within which representations or objections with respect to the proposed penalty may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(2) A notice under subsection (1) above shall be given—

(a) by publishing the notice in such manner as the appropriate authority considers appropriate; and

(b) by serving a copy of the notice on the relevant operator.

(3) Where the Office of Rail and Road serves a copy of a notice under subsection (1) above on a licence holder, he shall also serve a copy on the Secretary of State and on the Scottish Ministers and the Welsh Ministers.

(4) The appropriate authority shall not modify a proposal to impose a penalty except—

(a) with the consent of the relevant operator;

(b) where the modifications consist of a reduction of the amount of the penalty or a deferral of the date by which it is to be paid; or

(5) The requirements mentioned in subsection (4)(c) above are that the appropriate authority shall—

(a) give to the relevant operator such notice as appears to it requisite of its modified proposal;

(b) unless the proposed modifications are trivial, in that notice specify a period (not being less than seven days from the date of service of the notice) within which representations or objections with respect to the proposed modifications may be made; and

(6) As soon as practicable after imposing a penalty, the appropriate authority shall give notice—

(a) stating that it has imposed a penalty on the relevant operator and its amount;

(b) setting out the relevant condition or requirement or order in question;

(c) specifying the acts or omissions which, in its opinion, constitute contraventions of that condition or requirement or order and the other facts which, in its opinion, justify the imposition of the penalty and its amount;

(d) specifying the manner in which, and place at which, the penalty is to be paid; and

(e) specifying the date (not being less than fourteen days from the date of publication of the notice) by which the penalty is to be paid.

(7) A notice under subsection (6) above shall be given—

(a) by publishing the notice in such manner as the appropriate authority considers appropriate; and

(b) by serving a copy of the notice on the relevant operator.

(8) The relevant operator may, within 21 days of the date of service on him of the notice under subsection (6) above, make an application to the appropriate authority for it to specify different dates by which different portions of the penalty are to be paid.

57D

(1) No penalty may be imposed in respect of a contravention by a relevant operator—

(a) by virtue of paragraph (a) of subsection (1) of section 57A above in a case where no final or provisional order has been made in relation to the contravention, or

(b) by virtue of paragraph (b) of that subsection,

unless a copy of the notice relating to the penalty under section 57C(1) above is served on the relevant operator within two years of the time of the contravention.

(2) No penalty may be imposed in respect of a contravention by a relevant operator by virtue of section 57A(1)(a) above in a case where a final or provisional order has been made in relation to the contravention unless a copy of the notice relating to the penalty under section 57C(1) above is served on the relevant operator—

(a) within three months of the confirmation of the provisional order or the making of the final order; or

(b) where the provisional order is not confirmed, within six months of the making of the provisional order.

57E

(1) If the whole or any part of a penalty is not paid by the date by which it is to be paid, the unpaid balance from time to time shall carry interest at the rate for the time being specified in section 17 of the Judgments Act 1838.

(2) If an application is made under subsection (8) of section 57C above in relation to a penalty, the penalty need not be paid until the application has been determined.

(3) If the appropriate authority grants an application under that subsection in relation to a penalty but any portion of the penalty is not paid by the date specified in relation to it by the appropriate authority under that subsection, so much of the penalty as has not already been paid is to be paid immediately.

57F

(1) If the relevant operator to whom a penalty notice relates is aggrieved by a penalty and desires to question its validity on the ground—

(a) that it was not within the powers of section 57A above,

(b) that any of the requirements of section 57C above have not been complied with in relation to it and his interests have been substantially prejudiced by the non-compliance, or

he may make an application to the court under this section.

(2) An application under this section by a person shall be made—

(a) where it is on the ground mentioned in subsection (1)(c) above, within 42 days from the date on which he is notified of the decision not to grant the application under section 57C(8) above, and

(b) in any other case, within 42 days from the date of service on him of the notice under section 57C(6) above.

(3) If an application is made under this section in relation to a penalty, the penalty need not be paid until the application has been determined.

(4) On an application under this section on the ground mentioned in subsection (1)(a) or (b) above the court, if satisfied that the ground is established, may quash the penalty or (instead of quashing it) make provision under either or both of paragraphs (a) and (b) of subsection (5) below.

(5) The provision referred to in subsection (4) above is—

(a) provision substituting a penalty of such lesser amount as the court considers appropriate in all the circumstances of the case; and

(b) provision substituting as the date by which the penalty, or any portion of the penalty, is to be paid a date later than that specified in the notice under section 57C(6) above.

(6) On an application under this section on the ground mentioned in subsection (1)(c) above the court, if satisfied that the ground is established, may specify different dates by which different portions of the penalty are to be paid.

(7) Where the court substitutes a penalty of a lesser amount it may require the payment of interest on the substituted penalty at such rate, and from such date, as it determines; and where it specifies as the date by which the penalty, or a portion of the penalty, is to be paid a date before the determination of the application it may require the payment of interest on the penalty, or portion, from that date at such rate as it determines.

(8) Except as provided by this section, the validity of a penalty shall not be questioned by any legal proceedings whatever.

64A

(1) Where a railway administration order is for the time being in force in relation to a Scottish protected railway company or a Welsh protected railway company, the Scottish Ministers or the Welsh Ministers (as the case may be) may—

(a) make grants or loans to the company of such sums as appear to them to be appropriate for the purpose of facilitating the achievement of the purposes of the order; or

(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) The Scottish Ministers or the Welsh Ministers (as the case may be) may guarantee—

(a) the repayment of the principal of any sum borrowed by a Scottish protected railway company or Welsh protected railway company in relation to which a railway administration order is in force when the guarantee is given;

(b) the payment of interest on a sum so borrowed; and

(3) 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 Scottish Ministers or the Welsh Ministers (as the case may be) consider appropriate.

(4) The terms on which a grant may be made under this section include, in particular, terms requiring the whole or a part of the grant to be repaid to the Scottish Ministers or the Welsh Ministers (as the case may be) if there is a contravention of the other terms on which the grant is made.

(5) The terms on which a loan may be made under this section include, in particular, terms requiring—

(a) the loan to be repaid at such times and by such methods, and

(b) interest to be paid on the loan at such rates and at such times,

as the Scottish Ministers or the Welsh Ministers (as the case may be) may from time to time direct.

(6) The power of the Scottish Ministers and the Welsh Ministers 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.

(7) 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;

(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

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