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Railways Act 2005

Type Public General Act

Publication 2005-04-07

Last updated 2025-05-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part 1 — Transfer of functions and railway strategy

Transfer of functions

Transfer etc. of SRA functions and abolition

1

(1) Schedule 1 (which transfers consumer protection functions of the SRA to the ORR, transfers other functions of the SRA to the Secretary of State and to devolved authorities and also abolishes some functions of the SRA) has effect.

(2) The Secretary of State may make a scheme for the transfer of property, rights and liabilities from—

(a) the Strategic Rail Authority, or

(b) a company which is wholly owned by that Authority,

to a person specified in subsection (3) or to two or more of those persons.

(3) Those persons are—

(a) the Secretary of State;

(b) the Scottish Ministers;

(d) the Office of Rail Regulation;

(e) the Passengers’ Council established by section 19(1); and

(f) a company which is wholly owned by a person falling within any of paragraphs (a) to (d) or is jointly owned by more than one of them.

(4) But a transfer of—

(a) rights and liabilities arising under a Scottish franchise agreement, or

(b) property created or vested in any person by such an agreement,

may be made by a transfer scheme under subsection (2) only to the Scottish Ministers.

(5) Before making a scheme under subsection (2) the Secretary of State must consult every person to whom property, rights or liabilities would be transferred under the proposed scheme.

(6) Schedule 2 (which contains supplemental provisions about transfer schemes) has effect in relation to schemes under subsection (2).

(7) If the Secretary of State considers it appropriate to do so in connection with or in anticipation of the commencement of any provision of this Act, or of the abolition of the Strategic Rail Authority, he may—

(a) terminate the appointment of any person as chairman or member of the Strategic Rail Authority; and

(b) direct a reduction, pending its abolition, in the minimum membership of the Authority.

(8) The Secretary of State may by order make such modifications of any provision of—

(a) Part 3 of the Transport Act 1980 (c. 34) (railway pensions),

(b) Schedule 11 to the 1993 Act (pensions), or

as appear to him to be necessary or expedient in consequence of the provisions of this section or of any scheme made under this section.

(9) The power under subsection (8) to make modifications by order is subject to the affirmative resolution procedure.

(10) Where, after consulting the Strategic Rail Authority, the Secretary of State is satisfied—

(a) that all such transfers have been provided for as will secure that the dissolution of the Authority will not extinguish any of its liabilities, and

(b) that it is no longer necessary, for any other reason, for that Authority to continue to exist,

the Secretary of State may by order provide for it to cease to exist.

Transfer of safety functions to ORR

2

Schedule 3 (which makes provision for and in connection with the transfer to the ORR of safety functions conferred by or under the Health and Safety at Work etc. Act 1974 (c. 37)) has effect.

Railway strategy

General duties under s. 4 of the 1993 Act

3

(1) Section 4 of the 1993 Act (general duties of the Secretary of State and the ORR) is amended as follows.

(2) In subsections (1) to (3), after “this Part”, in each place, insert “ or the Railways Act 2005 that are not safety functions ”.

(3) In subsection (1), for paragraphs (za) and (a) (duties to further the strategies of the SRA and to protect the interests of rail users) substitute—

(zb) to promote improvements in railway service performance; (a) otherwise to protect the interests of users of railway services;

(4) In subsection (3)(a)(duty of ORR to have regard to safety matters), the words from “taking into account” to “Executive” (which require the ORR to take into account advice from the HSE) shall cease to have effect.

(5) In subsection (3A) (functions of Secretary of State excluded from duty), after paragraph (b) insert

and (c) the references in each of the subsections to the functions transferred or assigned under or by virtue of the Railways Act 2005 include only the functions transferred or assigned to the Secretary of State under or by virtue of the provisions of Part 4 of that Act other than section 39.

(6) After that subsection insert—

(3B) Subsections (1) to (3) above shall have effect in relation to the Scottish Ministers as in relation to the Office of Rail Regulation except that, in relation to those Ministers— (a) the references in each of the subsections to functions transferred or assigned to those Ministers under or by virtue of Part 1 of this Act include only the functions transferred or assigned under or by virtue of sections 16A to 16G of this Act; and (b) the references in each of the subsections to the functions transferred or assigned under or by virtue of the Railways Act 2005 include only the functions transferred or assigned to those Ministers under or by virtue of Part 4 of that Act. (3C) Subsections (1) to (3) above shall have effect in relation to the National Assembly for Wales as in relation to the Office of Rail Regulation except that, in relation to that Assembly, the references in each of the subsections to functions transferred or assigned under or by virtue of Part 1 of this Act or the Railways Act 2005 include only the functions transferred or assigned to the Assembly under or by virtue of the provisions of Part 4 of that Act of 2005 other than section 39.

(7) In subsection (4), after “this Part” insert “ or the Railways Act 2005 ”.

(8) In subsection (5) (supplementary duties)—

(a) in the words before paragraph (a), after “this Part” insert “ or the Railways Act 2005 that are not safety functions ”;

(b) after paragraph (a) (guidance from the Secretary of State) insert—

(aa) to have regard to any general guidance given to it by the Scottish Ministers about railway services wholly or partly in Scotland or about other matters in or as regards Scotland that relate to railways; (ab) in having regard to any guidance falling within paragraph (aa), to give what appears to it to be appropriate weight to the extent (if any) to which the guidance relates to matters in respect of which expenditure is to be or has been incurred by the Scottish Ministers;

(d) for paragraph (c) (duty to have regard to financial position of the SRA) substitute—

(c) to have regard to the funds available to the Secretary of State for the purposes of his functions in relation to railways and railway services; (ca) to have regard to any notified strategies and policies of the National Assembly for Wales, so far as they relate to Welsh services or to any other matter in or as regards Wales that concerns railways or railway services; (cb) to have regard to the ability of the National Assembly for Wales to carry out the functions conferred or imposed on it by or under any enactment;

(9) After that subsection insert—

(5A) Before giving any guidance for the purposes of subsection (5)(a) above the Secretary of State must consult the National Assembly for Wales. (5B) In exercising its safety functions, other than its functions as an enforcing authority for the purposes of the Health and Safety at Work etc. Act 1974, the Office of Rail Regulation shall be under a duty to have regard to any general guidance given to it by the Secretary of State. (5C) In performing its duties under subsections (1) to (5A) above in relation to— (a) any matter affecting the interests of users or potential users of railway services, (b) any matter affecting the interests of persons providing railway services, or (c) any matter not falling within paragraph (a) or (b) but falling within subsection (5D), the Office of Rail Regulation must have regard, in particular, to the interests, in securing value for money, of the persons mentioned in paragraphs (a) and (b) above, of the persons who make available the resources and other funds mentioned in that subsection and of the general public. (5D) A matter falls within this subsection if the Office of Rail Regulation has been informed that— (a) public financial resources (within the meaning of paragraph 1D of Schedule 4A to this Act), or (b) funds that do not comprise such resources but are provided in whole or in part by Transport for London, the National Assembly for Wales, a Passenger Transport Executive or any other body in receipt of such resources, are or are likely to become available to be applied for purposes connected with that matter.

(10) For subsection (7ZA) substitute—

(7ZA) Where any general guidance is given to the Office of Rail Regulation for the purposes of subsection (5)(a) or (aa) or (5B)— (a) it may be varied or revoked by the person giving it at any time; and (b) the guidance, and any variation or revocation of the guidance, must be published by that person in such manner as he considers appropriate.

(11) In subsection (9)—

(a) after the definition of “the environment” insert—

“notified strategies and policies”, in relation to the National Assembly for Wales, means the strategies and policies of that Assembly that have been notified by that Assembly for the purposes of this section to the Office of Rail Regulation;

(b) after the definition of “the passenger transport market” insert—

“railway service performance” includes, in particular, performance in securing each of the following in relation to railway services— (a) reliability (including punctuality); (b) the avoidance or mitigation of passenger overcrowding; and (c) that journey times are as short as possible; “safety functions” means functions assigned or transferred to the Office of Rail Regulation— (a) under this Part, (b) under or by virtue of the Railways Act 2005, or (c) under or by virtue of the Health and Safety at Work etc. Act 1974, so far as they are being exercised for the railway safety purposes (within the meaning of Schedule 3 to the Railways Act 2005) or for purposes connected with those purposes.

Use of access charges reviews for application of strategy

4

Schedule 4 (which amends Schedule 4A to the 1993 Act to broaden the scope of access charges reviews and to increase the influence of the Secretary of State and the Scottish Ministers over such reviews) has effect.

Railway strategy for Scotland

5

(1) The Scottish Ministers may prepare a strategy for carrying out their functions in relation to railways and railway services.

(2) The Scottish Ministers may from time to time revise that strategy.

(3) Where the Scottish Ministers prepare or revise such a strategy, they must publish the strategy or revised strategy in such manner as they consider appropriate for bringing it to the attention of those likely to be affected by it.

(4) The reference in subsection (1) to the functions of the Scottish Ministers in relation to railways and railway services includes, in particular, their functions under Part 1 of the 1993 Act and their functions under this Act.

Part 2 — Public sector funding authorities for railways

Assisting and securing the provision of services

Financial assistance etc. from the Secretary of State

6

(1) The Secretary of State may provide, or agree to provide, financial assistance to any person—

(a) for the purpose of securing the provision, improvement or development of railway services or railway assets; or

(b) for any other purpose relating to a railway or to railway services.

(2) For the purposes of this section the provision of financial assistance includes each of the following—

(a) the making of grants or loans;

(b) the giving of guarantees; and

(3) Agreements or other arrangements entered into by the Secretary of State under this section may be entered into on whatever terms, and subject to whatever conditions, he considers appropriate.

(4) In exercising his powers under this section—

(a) for any purpose mentioned in section 9(1) in relation to which powers are exercisable by the Scottish Ministers under section 8, or

(b) for any purpose mentioned in section 11(1) in relation to which powers are exercisable by the Welsh Ministers under section 10,

the Secretary of State must have regard to the desirability of acting consistently with anything notified to him under section 9 or 11.

(5) A power of the Secretary of State under this section or otherwise to enter into agreements or other arrangements (other than franchise agreements) for a purpose set out in subsection (1) may be exercised by his entering into an agreement or other arrangement with a relevant person in respect of services provided under a franchise agreement only where the agreement or arrangement is entered into in accordance with that franchise agreement.

(6) For the purposes of subsection (5) a person is a relevant person in relation to a franchise agreement if he is—

(a) the franchise operator;

(b) the franchisee; or

(7) In this section “railway” has its wider meaning.

(8) Paragraph (a) of subsection (1) of section 17 of the Ministry of Transport Act 1919 (c. 50) (grants or loans for the construction, improvement or maintenance of railways, light railways or tramways) shall cease to have effect.

Notification of assistance from Secretary of State for freight services

7

(1) This section applies if the Secretary of State makes or modifies a scheme setting out how he proposes to exercise his powers under section 6 for the purpose of securing the provision, improvement or development of—

(a) services for the carriage of goods by railway; or

(b) facilities for or in connection with—

(i) the carriage of goods by railway; or

(ii) the loading or unloading of goods carried or intended to be carried by railway.

(2) This section also applies if the Secretary of State makes or modifies a determination of the criteria that he will apply in exercising his functions under such a scheme.

(3) The Secretary of State must send a copy of the scheme or determination, or (as the case may be) of the scheme or determination as modified—

(a) to the Scottish Ministers; and

(b) to the Welsh Ministers.

(4) In this section—

“facilities” includes track, rolling stock, depots, access roads and equipment; and

“railway” has its wider meaning.

Franchising and financial assistance in relation to Scotland

8

(1) For the purposes of being a party to a franchise agreement the Scottish Ministers shall have power to provide, or to agree to provide, financial assistance to the franchisee—

(a) for the purpose of securing the provision, improvement or development of the Scottish services to which the agreement relates; or

(b) for any other purpose relating to the provision of those services.

(2) The Scottish Ministers shall also have power, where they do so wholly or primarily for Scottish purposes, to provide, or to agree to provide, financial assistance to persons otherwise than under franchise agreements—

(a) for the purpose of securing the provision, improvement or development of railway services or railway assets; or

(b) for any other purpose relating to a railway or to railway services.

(3) In subsection (2) “Scottish purposes” means any of the following—

(a) any purposes connected with a Scottish service or proposed Scottish service;

(b) the provision, improvement or development of services for the carriage of goods by railway where the services are to be or are provided wholly or partly in Scotland;

(i) the carriage of goods by railway using services that are to be or are provided wholly or partly in Scotland; or

(ii) the loading or unloading of goods so carried or intended to be so carried.

(4) For the purposes of this section the provision of financial assistance includes each of the following—

(a) the making of grants or loans;

(b) the giving of guarantees; and

(5) Agreements and other arrangements entered into by the Scottish Ministers under subsection (1) or (2) may be entered into on whatever terms, and subject to whatever conditions, they consider appropriate.

(6) In exercising their powers under this section for any purpose mentioned in subsection (1) of section 7, the Scottish Ministers must have regard to the desirability of acting consistently with anything notified to them under that section.

(7) The power of the Scottish Ministers under subsection (2) may be exercised by their entering into an agreement or other arrangement with a relevant person in respect of services provided under a franchise agreement only where the agreement or other arrangement is entered into in accordance with that franchise agreement.

(8) For the purposes of subsection (7) a person is a relevant person in relation to a franchise agreement if he is—

(a) the franchise operator;

(b) the franchisee; or

(9) In this section—

“facilities” includes track, rolling stock, depots, access roads and equipment;

“railway” has its wider meaning;

“Scottish service” means any service which is a Scotland-only service or a cross-border service.

Notification of assistance from Scottish Ministers for freight services

9

(1) This section applies if the Scottish Ministers make or modify a scheme setting out how they propose to exercise their powers under section 8 for the purpose of securing the provision, improvement or development of—

(a) services for the carriage of goods by railway; or

(b) facilities for or in connection with—

(i) the carriage of goods by railway; or

(ii) the loading or unloading of goods carried or intended to be carried by railway.

(2) This section also applies if the Scottish Ministers make or modify a determination of the criteria that they will apply in exercising their functions under such a scheme.

(3) The Scottish Ministers must send a copy of the scheme or determination, or (as the case may be) of the scheme or determination as modified, to the Secretary of State.

(4) In this section—

“facilities” includes track, rolling stock, depots, access roads and equipment; and

“railway” has its wider meaning.

Franchising and financial assistance in relation to Wales

10

(1) Before—

(a) issuing an invitation to tender for a franchise agreement in a case in which the services to be provided under the agreement are or include Welsh services, or

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

the Secretary of State must consult the Welsh Ministers.

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

(3) For the purposes of being a party to a franchise agreement the Welsh Ministers shall have power to provide, or to agree to provide, financial assistance to the franchisee—

(a) for the purpose of securing the provision, improvement or development of any Welsh services to which the agreement relates; or

(b) for any other purpose relating to the provision of those services.

(4) The Welsh Ministers shall also have power, where they do so wholly or primarily for Welsh purposes, to provide, or to agree to provide, financial assistance to persons otherwise than under franchise agreements—

(a) for the purpose of securing the provision, improvement or development of railway services or railway assets; or

(b) for any other purpose relating to a railway or to railway services.

(5) In subsection (4) “Welsh purposes” means any of the following—

(a) any purposes connected with a Welsh service or proposed Welsh service;

(b) the provision, improvement or development of services for the carriage of goods by railway where the services are to be or are provided wholly or partly in Wales;

(i) the carriage of goods by railway using services that are to be or are provided wholly or partly in Wales; or

(ii) the loading or unloading of goods so carried or intended to be so carried.

(6) The Welsh Ministers may make payments to the Secretary of State or the Scottish Ministers in respect of the performance of his or their duty under section 30 of the 1993 Act (provision of services by operator of last resort) in relation to a Welsh service.

(7) For the purposes of this section the provision of financial assistance includes each of the following—

(a) the making of grants or loans;

(b) the giving of guarantees; and

(8) Agreements and other arrangements entered into by the Welsh Ministers under subsection (3) or (4) may be entered into on whatever terms, and subject to whatever conditions, the Welsh Ministers consider appropriate.

(9) In exercising their powers under this section for any purpose mentioned in subsection (1) of section 7, the Welsh Ministers must have regard to the desirability of acting consistently with anything notified to them under that section.

(10) The power of the Welsh Ministers under subsection (4) may be exercised by their entering into an agreement or other arrangement with a relevant person in respect of services provided under a franchise agreement only where the agreement or other arrangement is entered into in accordance with that franchise agreement.

(11) For the purposes of subsection (10) a person is a relevant person in relation to a franchise agreement if he is—

(a) the franchise operator;

(b) the franchisee; or

(12) In this section—

“facilities” includes track, rolling stock, depots, access roads and equipment;

“railway” has its wider meaning.

Notification of assistance from Welsh Assembly for freight services

11

(1) This section applies if the Welsh Ministers make or modify a scheme setting out how they propose to exercise their powers under section 10 for the purpose of securing the provision, improvement or development of—

(a) services for the carriage of goods by railway; or

(b) facilities for or in connection with—

(i) the carriage of goods by railway; or

(ii) the loading or unloading of goods carried or intended to be carried by railway.

(2) This section also applies if the Welsh Ministers make or modify a determination of the criteria that they will apply in exercising their functions under such a scheme.

(3) The Welsh Ministers must send a copy of the scheme or determination, or (as the case may be) of the scheme or determination as modified, to the Secretary of State.

(4) In this section—

“facilities” includes track, rolling stock, depots, access roads and equipment; and

“railway” has its wider meaning.

Transfer schemes at end of franchising agreements

12

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

(2) The appropriate national authority may make a scheme for the transfer, at or after the end of the franchise period, of relevant franchise assets from the franchise company to a person specified in subsection (3), or to two or more of those persons.

(3) Those persons are—

(a) the Secretary of State;

(aa) the Welsh Ministers;

(b) the Scottish Ministers;

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

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

(e) a franchise company.

(4) Before making a scheme under this section, the appropriate national authority must consult every person to whom relevant franchise assets would be transferred under the proposed scheme.

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

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

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

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

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

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

(8) In this section—

“the appropriate national authority” means— in relation to a franchise agreement the franchised services under which consist of Wales-only services, the Welsh Ministers; ...in relation to a franchise agreement to which the Scottish Ministers are a party, the Scottish Ministers; in relation to any other franchise agreement, the Secretary of State;

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

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

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

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

Passenger Transport Executives

Railway functions of Passenger Transport Executives

13

(1) Before—

(a) issuing an invitation to tender for a franchise agreement in a case in which the services to be provided under the agreement are or include services in which a Passenger Transport Executive for an area in England have an interest, or

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

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

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

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

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

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

(a) sums become due from the Executive to the Secretary of State in respect of services for the carriage of passengers by railway within that area or in respect of station services or bus substitution services provided within that area; and

(b) the Secretary of State undertakes to exercise or perform his powers and duties in relation to or in connection with such services in a particular way.

(4) A Passenger Transport Executive for an integrated transport area in England may enter into agreements for purposes relating to or connected with the provision, by a person who is a franchisee or franchise operator in relation to a franchise agreement, of—

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

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

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

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

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

unless the agreement is approved by the Secretary of State.

(6) The Secretary of State may—

(a) give a general approval for the purposes of subsection (5) in relation to a description of agreements, as well as specific approvals for particular agreements; and

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

(7) The agreements to which a Passenger Transport Executive for an integrated transport area in England may become a party with the approval of the Secretary of State include franchise agreements under which services are provided which are or include services for the carriage of passengers by railway within that area.

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

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

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

(9) In this section—

(a) a reference to a service for the carriage of passengers by railway within an integrated transport area is a reference to a service for the carriage of passengers by railway between places in that area or between places in that area and places outside it which are within the permitted distance;

(b) a reference to station services provided within such an area is a reference to station services provided in connection with any such service for the carriage of passengers by railway; and

(c) a reference to a bus substitution service provided within such an area is a reference to a bus substitution service for the carriage of passengers between places in that area or between places in that area and places outside it which are within the permitted distance;

and in this subsection “the permitted distance” , in relation to an integrated transport area, means the distance of 25 miles from the nearest point on the boundary of that area.

Repeals and savings relating to Passenger Transport Executives

14

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

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

(b) section 20(2)(b) and (3) of that Act (duty of PTE to enter into agreements to secure the provision of railway passenger services and to provide information for that purpose); and

(c) sections 34 and 35 of the 1993 Act (role of PTAs and PTEs in relation to franchising and the termination and variation of agreements under section 20(2) of the 1968 Act).

(2) Subject to subsection (3), a Passenger Transport Executive who are a party to a franchise agreement immediately before the commencement of subsection (1) may continue to be a party to that agreement after that time, notwithstanding anything in subsection (1) of this section or in section 13.

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

(a) subsection (2) of this section and section 13(4) and (7) are to be disregarded for the purpose of giving effect to any provision of the agreement by virtue of which a person may cause the Executive to cease to be a party to it; and

(b) the Executive must comply with all such directions as may be given to them by the Secretary of State to take steps for the purpose of ceasing to be a party to the agreement.

(4) The provisions of this section and the repeals made by this Act do not affect the application of the following provisions in relation to a franchise agreement into which a Passenger Transport Executive entered before the commencement of subsection (1) of this section, that is to say—

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

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

(5) In the operation of any enactment by virtue of subsection (4) of this section references in that enactment to the Strategic Rail Authority are to have effect as references to the Secretary of State.

London

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

15

(1) Section 175 of the Greater London Authority Act 1999 (c. 29) (duty of Transport for London and the SRA to cooperate) is amended as follows.

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

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

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

(3) After that subsection insert—

(1A) Before— (a) issuing an invitation to tender for a franchise agreement in a case in which the services to be provided under the agreement are or include London railway passenger services, or (b) entering into a franchise agreement in respect of such services in a case in which no such invitation has been issued, the Secretary of State must consult Transport for London. (1B) The Secretary of State and Transport for London must each provide to the other any information which— (a) the other reasonably requires for a purpose mentioned in subsection (1)(a) or (b); and (b) is information which it would have been lawful for him or (as the case may be) it to disclose apart from this subsection.

(4) In subsection (2) (power of Transport for London and SRA to enter into arrangements as to how they will exercise and perform their functions), for “Strategic Rail Authority” substitute “ Secretary of State ”.

(5) After that subsection insert—

(2A) Those arrangements may include arrangements under which sums become due from Transport for London to the Secretary of State— (a) in respect of London railway passenger services; (b) in respect of station services provided in connection with such services; or (c) in respect of bus substitution services provided as alternatives for London railway passenger services.

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

(7) After that subsection insert—

(3A) A reference in this section to a London railway passenger service is a reference to— (a) a service for the carriage of passengers by railway between places in Greater London; or (b) a service for the carriage of passengers by railway between places in Greater London and places outside Greater London. (3B) Expressions used in this section and in Part 1 of the Railways Act 1993 have the same meanings in this section as in that Part.

Relaxation of contractual restrictions on Transport for London

16

(1) Section 201 of the Greater London Authority Act 1999 (c. 29) (restriction on Transport for London entering into agreements that involve the holding of a licence under the 1993 Act) shall cease to have effect.

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

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

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

unless the agreement is approved by the Secretary of State.

(3) An agreement that relates exclusively to the grant of permission by a facility owner for a person to use a railway facility of his does not require the approval of the Secretary of State under subsection (2) in any case in which Transport for London or a subsidiary of its is the facility owner or the person granted permission.

(4) The Secretary of State may—

(a) give a general approval for the purposes of subsection (2) in relation to a description of agreements, as well as specific approvals for particular agreements; and

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

(5) The agreements to which Transport for London may become a party with the approval of the Secretary of State include franchise agreements under which services are provided which are or include services for the carriage of passengers by railway between places in Greater London.

(6) In this section “subsidiary” has the meaning given to it by section 1159 of the Companies Act 2006.

Membership of Transport for London

17

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

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

(3) In sub-paragraph (2) (which imposes a maximum of fourteen on the number so appointed where the Mayor is himself a member), for “fourteen” substitute “ sixteen ”.

(4) After sub-paragraph (2) insert—

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

(5) After sub-paragraph (3) insert—

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

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) After sub-paragraph (7) insert—

(8) In this paragraph— “railway passenger service” has the same meaning as in Part 1 of the Railways Act 1993; and “regional planning body” and “region” have the same meanings as in Part 1 of the Planning and Compulsory Purchase Act 2004.

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

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

(b) to decide whether it is necessary for the purposes of the sub-paragraph inserted by that subsection for him to exercise any of his powers under paragraph 2 of Schedule 10 to the Greater London Authority Act 1999.

(9) Before making that decision the Mayor must consult the same regional planning bodies (within the meaning of that paragraph) as he is required to consult before making an appointment for the purposes of that sub-paragraph.

Provision of service by provider of last resort

Qualification of duty in respect of services funded by others

18

(1) In subsection (3) of section 30 of the 1993 Act (restrictions on duty to provide service as provider of last resort) after paragraph (a) insert—

(aa) require the relevant franchising authority to provide or secure the provision of a Welsh service where it appears to the authority that it will not be receiving funds from the National Assembly for Wales that are reasonably equivalent to those provided by that Assembly (whether directly to the previous franchisee or otherwise) in respect of the service provided by the previous franchisee; (ab) require the Secretary of State to provide or secure the provision of a service within the area of a Passenger Transport Executive where it appears to him that he will not be receiving funds from the Executive that are reasonably equivalent to those provided by that Executive (whether directly to the previous franchisee or otherwise) in respect of the service provided by the previous franchisee; (ac) require the Secretary of State to provide or secure the provision of a service that makes scheduled calls in Greater London where it appears to him that he will not be receiving funds from Transport for London that are reasonably equivalent to those that were provided by Transport for London (whether directly to the previous franchisee or otherwise) in respect of the service provided by the previous franchisee;

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

(3C) In this section— “previous franchisee”, in relation to a railway passenger service, means the franchisee in relation to the franchise agreement under which the service was previously provided; and “Welsh service” has the same meaning as in the Railways Act 2005; and references in this section to a Passenger Transport Executive and to a service within the area of a Passenger Transport Executive are to be construed as they are to be construed for the purposes of section 13 of that Act.

Part 3 — Passengers’ Council and Rail Passengers' Committees

The Rail Passengers' Council

19

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

(2) That Council shall consist of—

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

(b) a member appointed by the Scottish Ministers;

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

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

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

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

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

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

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

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

(7) References in enactments, instruments and other documents to the Passengers’ Council established by section 3(2) of the 1993 Act shall have effect from the commencement of this subsection as references to the Council established by subsection (1).

(8) If the Secretary of State considers it appropriate to do so in connection with or in anticipation of the establishment of the Passengers’ Council by subsection (1), he may terminate the appointment of any person as chairman or member of the Council established by section 3(2) of the 1993 Act.

(9) If a person's appointment is terminated under subsection (8) before his term of office would have expired apart from this Act, the Secretary of State may, if he thinks it appropriate to do so, pay that person such sum by way of compensation as the Secretary of State determines.

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

Delegation of functions by Council

20

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

(76A) (1) The Rail Passengers' Council and any other public body may enter into an agreement for that other body to be responsible, in accordance with the agreement, for — (a) determining what is expedient for the purposes of subsection (7A) of section 76 above in relation to an area specified in the agreement; and (b) otherwise performing that Council's duties under that subsection in relation to that area. (2) So long as an agreement under this section is in force— (a) the duties of the Rail Passengers' Council under subsection (7A) of section 76 above shall be deemed, in relation to the area specified in the agreement, to fall on the other party to it, instead of on that Council; but (b) that Council is not to be prevented from doing anything mentioned in that subsection in relation to that area. (3) An agreement under this section— (a) may be entered into on such terms and conditions as the parties to it may agree; and (b) may contain provision for determining for the purposes of this section in what circumstances things done under or for the purposes of section 76(7A) are to be treated as done in relation to the area specified in the agreement. (4) The consent of the Secretary of State is required before the Rail Passengers' Council and another public body may enter into an agreement under this section. (5) In this section “public body” means any authority or other body on which functions are conferred by or under an enactment. (6) In subsection (5) “enactment” includes an enactment comprised in an Act of the Scottish Parliament.

Rail Passengers' Committees

21

(1) On the day appointed for the commencement of this subsection the Rail Passengers' Committees established under section 2(2) of the 1993 Act shall cease to exist.

(2) In section 68(2) of the 1993 Act (power of ORR to require Rail Passengers' Committee to investigate a matter), for “a Rail Passengers' Committee” substitute “ the Rail Passengers' Council ”.

(3) Schedule 6 (which provides for the London Transport Users' Committee to continue to have functions it previously had by virtue of being treated as a Rail Passengers' Committee) has effect.

(4) If the Secretary of State considers it appropriate to do so in connection with or in anticipation of the abolition of a Rail Passengers' Committee, he may terminate the appointment of any person as chairman or member of the Committee.

(5) If a person's appointment is terminated under subsection (4) before his term of office would have expired apart from this Act, the Secretary of State may, if he thinks it appropriate to do so, pay that person such sum by way of compensation as the Secretary of State determines.

Part 4 — Network modifications etc.

Discontinuance of railway passenger services

Proposal by service operator to discontinue non-franchised services

22

(1) This section applies where—

(a) all the relevant railway passenger services on a particular line or from a particular station are provided otherwise than in satisfaction of requirements imposed by a franchise agreement;

(b) a proposal for the discontinuance of all the relevant railway passenger services provided on that line, or from that station, is made by the person providing them (“the service operator”); and

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

(a) secured services;

(b) experimental passenger services;

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

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

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

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

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

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

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

(b) the proposal date;

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

(5) Before giving the notice under subsection (3), the service operator must carry out an assessment of whether the proposal satisfies the criteria set out in the relevant part of the closures guidance; and that assessment must be carried out in accordance with that guidance.

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

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

(b) before the proposal date, form an opinion on that matter in accordance with the criteria set out in the relevant part of the closures guidance.

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

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

(b) after carrying out that consultation, either notify the service operator that it has changed its opinion or refer the proposal (with or without modifications) to the Office of Rail and Road.

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

(9) If—

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

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

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

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

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

(11) In this section “the national authority”—

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

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

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

Proposal by funding authority to discontinue non-franchised services

23

(1) This section applies where—

(a) all the relevant railway passenger services on a particular line or from a particular station are provided otherwise than in satisfaction of requirements imposed by a franchise agreement;

(b) a proposal for the discontinuance of all the relevant railway passenger services provided on that line, or from that station, is made, in accordance with section 41, by a railway funding authority; and

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

(a) secured services;

(b) experimental passenger services;

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

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

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

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

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

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

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

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

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

(ii) the proposal date; and

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

(5) Before—

(a) giving a notice under subsection (3)(a), in a case where it is not itself the national authority, or

(b) in any other case, carrying out the consultation under subsection (3)(b),

the railway funding authority making the proposal must carry out an assessment of whether the proposal satisfies the criteria set out in the relevant part of the closures guidance; and that assessment must be carried out in accordance with that guidance.

(6) If arrangements under or in accordance with which the services are being provided do not require the services to be provided until the end of the interim period, the national authority must secure the provision of the services until the end of that period.

(7) If on a reference under subsection (3)(c) the Office of Rail and Road issues a closure non-ratification notice, the national authority must secure the provision of the services to which the proposal relates after the end of the interim period.

(8) The duty imposed by subsection (7) in relation to any services ceases if the services begin to be provided under a franchise agreement.

(9) In this section “the national authority”—

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

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

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

Proposals to discontinue franchised or secured services

24

(1) This section applies where—

(a) all the relevant railway passenger services on a particular line or from a particular station fall within subsection (2);

(b) a proposal for the discontinuance of all the relevant railway passenger services provided on that line, or from that station, is made, in accordance with section 41, by a railway funding authority; and

(2) A service falls within this subsection if it is—

(a) a franchised service; or

(b) a secured service.

(3) The references in subsection (1) to relevant railway passenger services are references to railway passenger services that are not—

(a) experimental passenger services;

(b) services involving travel through the Channel Tunnel;

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

(4) The railway funding authority making the proposal must—

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

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

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

(5) A notice to the national authority under subsection (4)(a) must set out—

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

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

(ii) the proposal date; and

(b) a summary of the results of the assessment carried out in accordance with subsection (6).

(6) Before—

(a) giving a notice under subsection (4)(a), in a case where it is not itself the national authority, or

(b) in any other case, carrying out the consultation under subsection (4)(b),

(7) If the franchise agreement or any other arrangement under or in accordance with which the services are being provided does not require the services to be provided until the end of the interim period, the national authority must secure the provision of the services until the end of that period.

(8) If on a reference under subsection (4)(c) the Office of Rail and Road issues a closure non-ratification notice, the national authority must secure the provision of the services to which the proposal relates after the end of the interim period.

(9) The duty of the national authority under subsection (8)—

(a) is discharged without its taking further steps so long as the provisions of the franchise agreement or other arrangements, in force at the time of the proposal, so far as they require the provision of the services, continue in force without modification; and

(b) ceases if the services begin to be provided under a franchise agreement.

(10) Nothing in subsection (7) or (8) requires the Secretary of State to secure the provision of a Welsh service unless it appears to him that he will be receiving funds from the Welsh Ministers that are reasonably equivalent to those provided by the Welsh Ministers in respect of the service previously provided.

(11) In this section “the national authority”—

(a) in relation to a proposal relating to services all of which are—

(i) Scotland-only services, or

(ii) relevant cross-border services,

means the Scottish Ministers; ...

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

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

(12) For the purposes of subsection (11), a cross-border service is a “relevant cross-border service” if it—

(a) does not begin or end or otherwise make a scheduled call in Wales; and

(b) is a service in respect of which more funding is provided by the Scottish Ministers than the Secretary of State.

Proposal to discontinue excluded services

25

(1) Where a proposal for the discontinuance of all the excluded services provided by a particular person (“the service operator”) on a particular line, or from a particular station, is made by the service operator—

(a) the following provisions of this section apply to so much of the proposal as relates to special procedure excluded services which are not excluded London services; and

(b) Schedule 8 applies to so much of it as relates to special procedure excluded services which are excluded London services.

(2) The service operator must give notice to the national authority setting out—

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

(b) a summary of the results of the assessment carried out in accordance with subsection (4).

(3) The particulars set out in the notice must include, in particular—

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

(b) the proposal date;

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

(4) Before giving the notice under subsection (2), the service operator must carry out an assessment of whether the proposal satisfies the criteria set out in the relevant part of the closures guidance; and that assessment must be carried out in accordance with that guidance.

(5) The national authority to which a notice is given under subsection (2) must—

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

(b) before the proposal date, form an opinion on that matter in accordance with the criteria set out in the relevant part of the closures guidance.

(6) If the national authority is of the opinion that the closure should be allowed, it must—

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

(b) after carrying out that consultation, either notify the service operator that it has changed its opinion or refer the proposal (with or without modifications) to the Office of Rail and Road;

and the service operator must not discontinue the services in question before the Office of Rail and Road has issued a closure ratification notice.

(7) In this section—

“excluded service” means a railway passenger service other than one which is—a relevant railway passenger service for the purposes of any of sections 22(1), 23(1) and 24(1); oran experimental passenger service;

“excluded London service” means an excluded service which—is provided by Transport for London or a subsidiary of Transport for London; oris designated as a London service for the purposes of this section by an order made by the Secretary of State, or is of a description of services so designated;

“special procedure excluded service” means an excluded service which is designated as a special procedure service for the purposes of this section by an order made by the national authority, or is of a description of services so designated;

“the national authority”—in relation to a proposal relating to one or more services each of which is—a Scotland-only service, ora cross-border service in relation to which no funding is provided by a railway funding authority other than the Scottish Ministers,means those Ministers; ...in relation to a proposal relating to one or more services each of which is a Wales-only service, means the Welsh Ministers; andin any other case, means the Secretary of State.

(8) A service may be designated by order made by the Secretary of State as a London service for the purposes of this section, or may fall within a description of services so designated, only if it is a service that begins and ends in Greater London and does not otherwise make any scheduled call outside Greater London.

(9) An order under this section designating an excluded service, or a description of excluded service—

(a) as a London service, or

(b) as a special procedure service,

is subject to the negative resolution procedure.

(10) Where any order under section 49(3) of the 1993 Act (application of Schedule 5 to that Act) is in force immediately before the commencement of this section, that order shall have effect after commencement of this section as an order under this section designating any services, or descriptions of service, to which it applies as special procedure services; and any other service, or description of services, which immediately before the commencement of this section is treated as a service, or description of services, in relation to which Schedule 5 to that Act is to have effect is to be treated after commencement of this section as designated by an order under this section as a special procedure service, or description of special procedure services.

(11) Where any order under paragraph 5A(1)(b)(ii) of Schedule 5 to that Act (application of that Schedule to London services) is in force immediately before the commencement of this section, that order shall have effect after commencement of this section as an order under this section designating any services, or descriptions of service, to which it applies as London services.

(12) For the purposes of this section (apart from the reference, in the definition of “excluded service” in subsection (7), to “relevant railway passenger service”) “railway” has its wider meaning.

Discontinuance of operation of passenger networks

Proposal by operator to close passenger network

26

(1) This section applies where—

(a) the operator of a network proposes to discontinue the operation of the network or of some part of it;

(b) the network or, as the case may be, that part of it has, at any time within the preceding five years, been used for or in connection with the provision of services for the carriage of passengers by railway;

(d) the network or that part of it is not excluded from the application of this section by an order under section 38; and

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

(2) Use for or in connection with the provision of any of the following services is to be disregarded for the purposes of subsection (1)(b)—

(a) an experimental passenger service;

(b) a service involving travel through the Channel Tunnel;

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

(a) particulars of the proposal for the closure in question; and

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

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

(a) the network, or part of a network, to which the proposal relates; and

(b) the proposal date;

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

(5) Before giving the notice under subsection (3), the operator must carry out an assessment of whether the proposal satisfies the criteria set out in the relevant part of the closures guidance; and that assessment must be carried out in accordance with that guidance.

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

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

(b) before the proposal date, form an opinion on that matter in accordance with the criteria set out in the relevant part of the closures guidance.

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

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

(b) after carrying out that consultation, either notify the operator that it has changed its opinion or refer the proposal (with or without modifications) to the Office of Rail and Road.

(8) The operator must not discontinue the operation of the network, or part of a network, in question before the end of the interim period.

(9) If—

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

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

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

the national authority must secure the continued operation of the network, or part of a network, in question after the end of the interim period.

(10) In this section “the national authority”—

(a) in relation to a proposal relating to a network or part of a network that is wholly in Scotland, means the Scottish Ministers; and

(b) in relation to a network or part of a network that is wholly in England and Wales, means the Secretary of State;

and a proposal that relates to a network or part of a network that is partly in England and Wales and partly in Scotland is to be treated for the purposes of this section as two separate proposals, one in relation to the part in England and Wales and one in relation to the part in Scotland.

Proposal by funding authority to close passenger network

27

(1) This section applies where—

(a) a railway funding authority makes a proposal, in accordance with section 41, that the operation of a network or of some part of it should be discontinued;

(b) the network or, as the case may be, that part of it has, at any time within the preceding five years, been used for or in connection with the provision of services for the carriage of passengers by railway;

(d) the network or that part of it is not excluded from the application of this section by an order under section 38; and

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

(2) Use for or in connection with the provision of any of the following services is to be disregarded for the purposes of subsection (1)(b)—

(a) an experimental passenger service;

(b) a service involving travel through the Channel Tunnel;

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

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

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

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

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

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

(i) the network, or part of a network, to which the proposal relates; and

(ii) the proposal date; and

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

(5) Before—

(a) giving the notice under subsection (3)(a), in a case where it is not itself the national authority, or

(b) in any other case, carrying out the consultation under subsection (3)(b),

(6) If arrangements under or in accordance with which the network, or part of a network, is being operated do not require it to be operated until the end of the interim period, the national authority must secure the operation of the network, or that part of it, until the end of that period.

(7) If on a reference under subsection (3)(c) the Office of Rail and Road issues a closure non-ratification notice, the national authority must secure the continued operation of the network, or part of a network, in question after the end of the interim period.

(8) In this section “the national authority”—

(a) in relation to a proposal relating to a network or part of a network that is wholly in Scotland, means the Scottish Ministers; and

(b) in relation to a proposal relating to a network or part of a network that is wholly in England and Wales, means the Secretary of State;

Proposal to discontinue operation of secured network

28

(1) This section applies where—

(a) a railway funding authority makes a proposal, in accordance with section 41, that the operation of a secured network or of a secured part of a network should be discontinued;

(b) the network or, as the case may be, that part of it has, at any time within the preceding five years, been used for or in connection with the provision of services for the carriage of passengers by railway;

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

(2) Use for or in connection with the provision of any of the following services is to be disregarded for the purposes of subsection (1)(b)—

(a) an experimental passenger service;

(b) a service involving travel through the Channel Tunnel;

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

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

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

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

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

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

(i) the network, or part of a network, to which the proposal relates; and

(ii) the proposal date; and

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

(5) Before—

(a) giving the notice under subsection (3)(a), in a case where it is not itself the national authority, or

(b) in any other case, carrying out the consultation under subsection (3)(b),

(6) If arrangements under or in accordance with which the network, or part of a network, is being operated do not require it to be operated until the end of the interim period, the national authority must secure the operation of the network, or that part of it, until the end of that period.

(7) If on a reference under subsection (3)(c) the Office of Rail Regulation issues a closure non-ratification notice, the national authority must secure the continued operation of the network, or part of a network, in question after the end of the interim period.

(8) The duty of the national authority under subsection (7) is discharged without its taking further steps so long as the provisions of the arrangements, in force at the time of the proposal, so far as they require the operation of the network or part of a network, continue in force without modification.

(9) In this section “the national authority”—

(a) in relation to a proposal relating to a network or part of a network that is wholly in Scotland, means the Scottish Ministers; and

(b) in relation to a proposal relating to a network or part of a network that is wholly in England and Wales, means the Secretary of State;

Discontinuance of use or operation of stations

Proposal by operator to close station

29

(1) This section applies where—

(a) the operator of a station proposes to discontinue the use of a station or of some part of it;

(b) the station or, as the case may be, that part of it has, at any time within the preceding five years, been used for or in connection with the provision of services for the carriage of passengers by railway;

(d) the station or that part of it is not excluded from the application of this section by an order under section 38; and

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

(2) Use for or in connection with the provision of any of the following services is to be disregarded for the purposes of subsection (1)(b)—

(a) an experimental passenger service;

(b) a service involving travel through the Channel Tunnel;

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

(a) particulars of the proposal for the closure in question; and

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

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

(a) the station, or part of a station, to which the proposal relates; and

(b) the proposal date;

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

(5) Before giving the notice under subsection (3), the operator must carry out an assessment of whether the proposal satisfies the criteria set out in the relevant part of the closures guidance; and that assessment must be carried out in accordance with that guidance.

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

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

(b) before the proposal date, form an opinion on that matter in accordance with the criteria set out in the relevant part of the closures guidance.

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

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

(b) after carrying out that consultation, either notify the operator that it has changed its opinion or refer the proposal (with or without modifications) to the Office of Rail and Road.

(8) The operator must not discontinue the use of the station, or part of a station, before the end of the interim period.

(9) If—

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

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

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

the national authority must secure the continued operation of the station, or part of a station, in question after the end of the interim period.

(10) In this section “the national authority”—

(a) in relation to a proposal relating to a station or part of a station that is wholly in Scotland, means the Scottish Ministers; and

(b) in relation to a station or part of a station that is wholly in England and Wales, means the Secretary of State, subject to subsection (11).

(11) The Welsh Ministers, rather than the Secretary of State, are “the national authority” in relation to a proposal relating to a station, or part of a station, that—

(a) is wholly in Wales, and

(b) is, immediately before the notice under subsection (3) is given, a station to which subsection (12) applies or part of such a station.

(12) This subsection applies to a station at which the only scheduled calls made by any railway passenger service are those made by a railway passenger service provided under a Welsh franchise agreement or secured to any extent by the Welsh Ministers.

Proposal by funding authority to close station

30

(1) This section applies where—

(a) a railway funding authority makes a proposal, in accordance with section 41, that the operation of a station or of some part of it should be discontinued;

(b) the station or, as the case may be, that part of it has at any time within the preceding five years, been used for or in connection with the provision of services for the carriage of passengers by railway;

(d) the station or that part of it is not excluded from the application of this section by an order under section 38; and

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

(2) Use for or in connection with the provision of any of the following services is to be disregarded for the purposes of subsection (1)(b)—

(a) an experimental passenger service;

(b) a service involving travel through the Channel Tunnel;

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

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

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

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

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

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

(i) the station, or part of a station, to which the proposal relates; and

(ii) the proposal date; and

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

(5) Before—

(a) giving the notice under subsection (3)(a), in a case where it is not itself the national authority, or

(b) in any other case, carrying out the consultation under subsection (3)(b),

(6) If arrangements under or in accordance with which the station or part of a station is being operated do not require it to be operated until the end of the interim period, the national authority must secure the operation of the station, or that part of it, until the end of that period.

(7) If on a reference under subsection (3)(c) the Office of Rail and Road issues a closure non-ratification notice, the national authority must secure the continued operation of the station, or part of a station, in question after the end of the interim period.

(8) In this section “the national authority”—

(a) in relation to a proposal relating to a station or part of a station that is wholly in Scotland, means the Scottish Ministers; and

(b) in relation to a proposal relating to a station or part of a station that is wholly in England and Wales, means the Secretary of State, subject to subsection (9).

(9) The Welsh Ministers, rather than the Secretary of State, are “the national authority” in relation to a proposal relating to a station, or part of a station, that—

(a) is wholly in Wales, and

(b) is, when the proposal is made, a station to which subsection (10) applies or part of such a station.

(10) This subsection applies to a station at which the only scheduled calls made by any railway passenger service are those made by a railway passenger service provided under a Welsh franchise agreement or secured to any extent by the Welsh Ministers.

Proposal to discontinue operation of secured station

31

(1) This section applies where—

(a) a railway funding authority makes a proposal, in accordance with section 41, that the operation of a secured station or of a secured part of a station should be discontinued;

(b) the station or, as the case may be, that part of it has, at any time within the preceding five years, been used for or in connection with the provision of services for the carriage of passengers by railway;

(c) the station or that part of it is not excluded from the application of this section by an order under section 38; and

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

(2) Use for or in connection with the provision of any of the following services is to be disregarded for the purposes of subsection (1)(b)—

(a) an experimental passenger service;

(b) a service involving travel through the Channel Tunnel;

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

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

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

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

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

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

(i) the station, or part of a station, to which the proposal relates; and

(ii) the proposal date; and

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

(5) Before—

(a) giving the notice under subsection(3)(a) , in a case where it is not itself the national authority, or

(b) in any other case, carrying out the consultation under subsection (3)(b),

(6) If arrangements under or in accordance with which the station, or part of a station, is being operated do not require it to be operated until the end of the interim period, the national authority must secure the operation of the station, or that part of it, until the end of that period.

(7) If on a reference under subsection (3)(c) the Office of Rail and Road issues a closure non-ratification notice, the national authority must secure the continued operation of the station, or part of a station, in question after the end of the interim period.

(8) The duty of the national authority under subsection (7) is discharged without its taking further steps so long as the provisions of the arrangements, in force at the time of the proposal, so far as they require the operation of the station or part of a station, continue in force without modification.

(9) In this section “the national authority”—

(a) in relation to a proposal relating to a station or part of a station that is wholly in Scotland, means the Scottish Ministers; and

(b) in relation to a proposal relating to a station or part of a station that is wholly in England and Wales, means the Secretary of State, subject to subsection (10).

(10) The Welsh Ministers, rather than the Secretary of State, are “the national authority” in relation to a proposal relating to a station, or part of a station, that—

(a) is wholly in Wales, and

(b) is, when the proposal is made, a station to which subsection (11) applies or part of such a station.

(11) This subsection applies to a station at which the only scheduled calls made by any railway passenger service are those made by a railway passenger service provided under a Welsh franchise agreement or secured to any extent by the Welsh Ministers.

References to the ORR

32

(1) This section applies to a reference of a proposal to the Office of Rail and Road under any provision of this Part.

(2) The reference may be made only if the person making it considers that the proposal, or (as the case may be) the proposal as modified, satisfies the criteria set out in the relevant part of the closures guidance.

(3) The reference must set out particulars of the proposal including, in particular—

(a) the services or the network or station, or part of a network or station, to which the proposal relates; and

(b) the proposal date.

(4) The reference must be accompanied by—

(a) a report by the person making the reference on the outcome of the consultation carried out by that person;

(b) a statement by that person as to whether the proposal that is referred is a modified proposal;

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