Legalize / United Kingdom / Public General Act

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

(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;

(d) a full assessment of whether 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.

(5) The duty of the Office of Rail and Road on the reference is—

(a) to consider whether the person making the reference properly carried out the consultation he was required to carry out in accordance with this Part; and

(b) unless it is satisfied that—

(i) there has been a failure or other defect in the carrying out of the consultation, and

(ii) the failure or defect makes it inappropriate for the Office to make the determination required by this paragraph,

to determine whether 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.

(6) The person making the reference must provide the Office of Rail and Road with all such information as it may require for the purpose of carrying out its functions under this section.

(7) If the Office of Rail and Road is satisfied—

(a) that the proposal, or (as the case may be) the proposal as modified, fails to satisfy the criteria set out in the relevant part of the closures guidance, or

(b) that there has been a failure or other defect in the carrying out of the consultation that makes it inappropriate for that Office to make a determination of whether the proposal, or (as the case may be) the proposal as modified, satisfies those criteria,

it must issue a notice to that effect (a “closure non-ratification notice”).

(8) If, on completing its functions under subsection (5), the Office of Rail and Road is not so satisfied, it must issue a notice to that effect (a “closure ratification notice”).

(9) Where, on a reference, the Office of Rail and Road issues a closure non-ratification notice or a closure ratification notice it must—

(a) give a copy of that notice to every person mentioned in subsection (10); and

(b) require every operator of a station in the area affected by the proposal, or (as the case may be) the proposal as modified, to whom it gives a copy of the notice to secure that a copy of the notice is published by being displayed at that station until the end of the interim period.

(10) The persons to whom a copy of the closure ratification notice or closure non-ratification notice must be given under subsection (9) are—

(a) the person who made the reference;

(b) every person to whom a notice was required to be sent under paragraph 3 of Schedule 7 in the consultation relating to the proposal;

(d) such other persons as the Office of Rail and Road consider appropriate.

(11) In subsection (9) “the area affected”, in relation to a proposal, means—

(a) in the case of a proposal for the discontinuance of services on a particular line or from a particular station, the area in which the line or station is situated;

(b) in the case of a proposal relating to a network, or part of a network, the area in which the network, or part of a network, is situated;

(12) The issue of a closure ratification notice does not authorise anything which (but for that notice) would constitute a contravention of any franchise agreement or other arrangements under or in accordance with which—

(a) any franchised service or secured service or other railway passenger service is being provided or is being funded (whether in whole or in part); or

(b) any network or station or part of a network or station is being operated or is being funded (whether in whole or in part);

and in the carrying out of any functions conferred on that Office under or in relation to any such agreement or arrangements that Office may have regard to the issue of the closure ratification notice but is not required to secure that the closure takes place.

Closure requirements

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(1) This section applies where, following a reference under this Part, the Office of Rail and Road issues a closure ratification notice.

(2) The Office of Rail and Road may, when it issues the closure ratification notice, impose such requirements relevant to the proposal as it considers appropriate on such one or more of the following as it thinks fit, namely—

(a) the Secretary of State;

(b) the Scottish Ministers;

(d) an Integrated Transport Authority or a Passenger Transport Authority;

(da) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

(db) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

(e) a Passenger Transport Executive;

(f) the Mayor of London;

(g) Transport for London;

(h) a person designated as a railway funding authority by an order under section 45(4);

(i) a relevant operator.

(3) For the purposes of subsection (2), a requirement is relevant to a proposal if it relates to any matter which fell to be taken into account in making an assessment whether the proposal or (as the case may be) the proposal as modified satisfied the criteria set out in the relevant part of the closures guidance.

(4) In subsection (2)(i) “relevant operator” means—

(a) in the case of a proposal to which section 22 or 25 applies, the service operator within the meaning of the section in question;

(b) in the case of a proposal to which section 26 or 29 applies, the operator of the network or station, or part of a network or station, in question; and

(c) in the case of a proposal to which section 37(2) applies, the person providing the experimental passenger service in question.

(5) A person on whom a requirement is imposed under this section must comply with it.

(6) The Office of Rail and Road may from time to time vary or revoke a requirement imposed under this section.

(7) Before exercising its power under this section to vary or revoke a requirement, the Office of Rail and Road must consult such persons as it thinks appropriate.

(8) Where the Office of Rail and Road exercises its power under this section to impose, vary or revoke a requirement, it must—

(a) give notice of that requirement, variation or revocation to every person to whom a copy of the closure ratification notice relating to the reference was given under section 32(9); and

(b) require every operator of a station in the area affected by the requirement, variation or revocation to whom it gives notice of the requirement, variation or revocation to secure that a copy of the notice is published by being displayed at that station—

(i) in the case of the imposition of a requirement, until the end of the interim period;

(ii) in the case of the variation or revocation of a requirement, for such period as the Office of Rail and Road may specify at the time of giving notice under paragraph (a).

(9) In subsection (8) “the area affected”, in relation to a requirement imposed under this section in relation to a closure, means—

(a) in the case of a closure consisting in the discontinuance of services on a particular line, or from a particular station, the area in which the line or station is situated;

(b) in the case of a closure relating to a network, or part of a network, the area in which the network, or part of a network, is situated;

and “the area affected”, in relation to the variation or revocation of such a requirement, is to be construed accordingly.

Excluded proposals

Minor modifications

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(1) A proposal is a proposal for a minor modification if—

(a) it is a proposal for a closure which has been determined under the following provisions of this section to be a minor modification; or

(b) it is a proposal for a closure of a description of closures in relation to which such a determination has been made.

(2) It is the Scottish Ministers who may make a determination that a closure is a minor modification, or that closures of a particular description are minor modifications, where the only closures to which the determination relates consist in—

(a) the discontinuance of one or more Scotland-only services;

(b) the discontinuance of one or more cross-border services in relation to which no funding is provided by a railway funding authority other than the Scottish Ministers;

(d) the discontinuance of a network or part of a network that is wholly in Scotland; or

(e) the discontinuance of a station or part of a station that is wholly in Scotland.

(2A) It is the Welsh Ministers who may make a determination that a closure is a minor modification, or that closures of a particular description are minor modifications, where the only closures to which the determination relates consist in—

(a) the discontinuance of one or more Wales-only services; or

(b) the discontinuance of a station, or part of a station, that—

(i) is wholly in Wales, and

(ii) is a station to which subsection (2B) applies or part of such a station.

(2B) 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.

(3) It is the Secretary of State who, in any other case, may make a determination that a closure is a minor modification, or that closures of a particular description are minor modifications.

(4) A determination may be made under this section only if the person making it considers—

(a) in the case of a determination relating to a particular closure, that the closure is eligible under section 35 to be regarded as a minor modification; or

(b) in the case of a determination relating to a description of closures, that all the closures falling within that description are or will be so eligible.

(5) A person who makes a determination under this section in relation to a particular closure for the purposes of section 22, 26 or 29 may make it subject to conditions; and, in such a case, the closure is not to be treated as a minor modification unless, as the case may be—

(a) the person providing the service or services to be discontinued, or

(b) the person operating or using the network or station, or the part of a network or station, in question,

has agreed to comply with those conditions.

(6) The person who makes a determination under this section in relation to a particular closure must notify the Office of Rail and Road about that determination.

(7) A determination under this section in relation to a description of closures may be revoked at any time by the person who made it.

(8) A person who makes or revokes a determination under this section in relation to a description of closures must—

(a) send a copy of the determination or revocation to the Office of Rail and Road; and

(b) publish it in such manner as he considers appropriate.

(9) The revocation of such a determination shall not affect any closure if its status has been relied on before the revocation as grounds for—

(a) a failure to give a notice under this Part; or

(b) the carrying out of any closure.

(10) Any general determination which—

(a) has been made under section 46A of the 1993 Act,

(b) is a determination that closures of a particular class or description are minor closures, and

shall have effect after that time as a determination made under this section that closures of that class or description are minor modifications for the purposes of this Part.

(11) Any conditions agreed to under section 37(1), 39(1) or 41(1) of the 1993 Act in connection with any determination under the section in question that a closure is a minor closure shall have effect after the commencement of this section as if agreed to for the purposes of subsection (5).

Closures eligible to be treated as minor modifications

35

(1) The discontinuance of a railway passenger service is eligible to be treated as a minor modification so far as the service is a service on a stretch of line along which there is no station (or no station in use) and the circumstances are such that—

(a) trains that would otherwise use that stretch of line in travelling between two stations will instead pass along an alternative route; and

(b) passengers travelling on such a train will not be required to make additional changes and will not incur significant increases of journey times.

(2) The discontinuance of the operation of a part of a network is eligible to be treated as a minor modification so far as that part of the network consists in a stretch of track along which there is no station (or no station in use) and the circumstances are such that—

(a) trains that would otherwise use that stretch of line in travelling between two stations will instead pass along an alternative route; and

(b) passengers travelling on such a train will not be required to make additional changes and will not incur significant increases of journey times.

(3) The discontinuance of the operation of a part of a network is eligible to be treated as a minor modification so far as that part of the network consists of a stretch of track which does no more than serve a station or light maintenance depot, or some part of it, and the circumstances are such that—

(a) that part of the network is not necessary for the operation or use of a station, or part of a station, for the purposes of or in connection with the provision of railway passenger services; or

(b) the operation or use of such station or part of a station as is served by that part of the network is or has been the subject of a proposal which is a proposal for a minor modification.

(4) The discontinuance of the operation of a part of a network is eligible to be treated as a minor modification so far as—

(a) that part of the network consists of installations associated with any such stretch of track as is mentioned in subsection (2) or (3); and

(b) the circumstances are as mentioned in that subsection.

(5) The discontinuance of the operation or use of—

(a) a part of a network (other than track), or

(b) a part of a station,

is eligible to be treated as a minor modification so far as the operation or use of that part of the network or that part of the station is not necessary for the operation or use of the network or station for or in connection with the provision of railway passenger services.

(6) Where it appears to the national authority that closures of any description not specified in this section should, because of their temporary nature or limited effect on the provision of railway passenger services, be treated as minor modifications, the national authority may, by order, provide for closures of that description to be treated for the purposes of section 34 as eligible under this section to be so treated.

(6A) Except where subsection (6B) or (7) applies, the Secretary of State is the national authority for the purposes of subsection (6).

(6B) The Welsh Ministers are the national authority for the purposes of subsection (6) where the only closures to which the order relates consist in—

(a) the discontinuance of one or more Wales-only services; or

(b) the discontinuance of a station, or part of a station, that—

(i) is wholly in Wales, and

(ii) is a station to which subsection (6C) applies or part of such a station.

(6C) 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.

(7) The Scottish Ministers are the national authority for the purposes of subsection (6) where the only closures to which the order relates consist in—

(a) the discontinuance of one or more Scotland-only services;

(b) the discontinuance of one or more cross-border services in relation to which no funding is provided by a railway funding authority other than the Scottish Ministers;

(d) the discontinuance of a network or part of a network that is wholly in Scotland; or

(e) the discontinuance of a station or part of a station that is wholly in Scotland.

...

(8) An order under subsection (6) is subject to the negative resolution procedure.

Designation of experimental passenger services

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(1) The power to designate a railway passenger service as experimental for the purposes of this Part is exercisable—

(a) if it is a Scotland-only service, by the Scottish Ministers;

(b) if it is a cross-border service in respect of which more funding is provided by the Scottish Ministers than the Secretary of State, by those Ministers;

(ba) if it is a Wales-only service, by the Welsh Ministers;

(c) if it is any other Welsh service in respect of which more funding is provided by the Welsh Ministers than the Secretary of State, by the Welsh Ministers; and

(d) in the case of any other service, by the Secretary of State.

(2) The designation must be in relation to a line or station on or from which the service will be provided.

(3) A service may not be designated as experimental for a period exceeding five years.

(4) Where a service is designated as experimental for a period of less than five years—

(a) the designation may subsequently be extended (on one or more occasions) by the person who made it; but

(b) the aggregate of the periods for which the service is designated as experimental must not exceed five years.

(5) In determining for the purposes of this section the period or aggregate period for which a service is designated as experimental, any period before the service is introduced is to be disregarded.

(6) The person who designates a service as experimental or extends such a designation must—

(a) send a copy of the designation or extension to the Office of Rail and Road; and

(b) publish notice of the designation or extension in two successive weeks—

(i) in a local newspaper circulating in the area affected by the designation or extension; and

(ii) in two national newspapers.

(7) Where—

(a) a service is designated as experimental or its designation is extended, and

(b) the service is to be provided otherwise than in satisfaction of requirements imposed by a franchise agreement,

the person designating must give notice of the designation or extension to the person who is to provide the service.

(8) For the purposes of subsection (6)(b)(i) the area affected by a designation, or by the extension of a designation, is the area in which is situated the line or station in relation to which the designation is or was made.

(9) For the purposes of subsection (6)(b)(ii) as it applies in relation to—

(a) a Scotland-only service, or

(b) a Wales-only service,

a newspaper which circulates generally in Scotland or, as the case may be, Wales is to be regarded as being a national newspaper.

(10) Where any railway passenger service is treated immediately before the commencement of this section as an experimental passenger service for the purposes of Part 1 of the 1993 Act—

(a) that service shall be treated as designated as experimental for the purposes of this Part; and

(b) the period for which it is treated as having been designated at that time shall be taken into account in determining the period or aggregate period for which it may be designated under this section.

Discontinuance of experimental passenger services

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(1) Where—

(a) a railway funding authority is a party to a franchise agreement under which an experimental passenger service is provided,

(b) the person providing the service proposes to discontinue it after the requirement to provide it has come to an end, and

that authority must give notice of the proposed discontinuance of the service.

(2) Where—

(a) an experimental passenger service is provided otherwise than in satisfaction of requirements imposed by a franchise agreement, and

(b) the person providing the service proposes to discontinue it,

that person must give notice of his proposal and must not discontinue the service before the end of the notice period.

(3) The notice required to be given under this section is a notice which—

(a) sets out the details of the proposed discontinuance; and

(b) is published in the required manner.

(4) A notice is published in the required manner if it is published, in two successive weeks—

(a) in a local newspaper circulating in the area affected by the proposal;

(b) in two national newspapers; and

(5) A person giving notice of a proposed discontinuance under subsection (2) must send to the Office of Rail and Road a copy of the notice published under subsection (3)(b).

(6) In this section “the notice period”, in relation to a proposal to discontinue a service, means the period of six weeks after the notice of that proposal has been published in the required manner.

(7) For the purposes of subsection (4)(a) the area affected by a proposal to discontinue an experimental passenger service is the area in which is situated the line or station in relation to which the service is designated as experimental.

(8) For the purposes of subsection (4)(b) as it applies in relation to—

(a) a Scotland-only service, or

(b) a Wales-only service,

a newspaper which circulates generally in Scotland or, as the case may be, Wales is to be regarded as being a national newspaper.

Services, networks and stations excluded by order

38

(1) The national authority may by order—

(a) exclude a railway passenger service, or all railway passenger services of a specified description, from the application of any one or more of sections 22 to 24;

(b) exclude a network or part of a network, or all networks or parts of them of a specified description, from the application of any one or more of sections 26 to 28;

(c) exclude a station or part of a station, or all stations or parts them of a specified description, from the application of any one or more of sections 29 to 31.

(2) In subsection (1) “the national authority”—

(a) as respects a railway passenger service which is—

(i) a Scotland-only service, or

(ii) a cross-border service in relation to which so much of the funding as is provided by a railway funding authority is funding provided by the Scottish Ministers,

means those Ministers;

(b) as respects a network or station, or part of a network or station, that is wholly in Scotland, means the Scottish Ministers; ...

(ba) as respects a railway passenger service which is a Wales-only service, means the Welsh Ministers;

(bb) as respects a station, or part of a station, that—

(i) is wholly in Wales, and

(ii) is a station to which subsection (2A) applies or part of such a station,

means the Welsh Ministers; and

(c) as respects any other railway passenger service, network or station, or part of a network or station, means the Secretary of State.

(2A) 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.

(3) An order under this section is subject to the negative resolution procedure.

(4) Where any order under section 49(2), (4) or (5) of the 1993 Act (exclusions from closure procedures under that Act) is in force immediately before the commencement of this section, that order shall have effect after the commencement of this section—

(a) in the case of an order under section 49(2), as an order under this section excluding the services to which it applies from sections 22 to 24 of this Act;

(b) in the case of an order under section 49(4), as an order under this section excluding the networks, or parts of networks, to which it applies from sections 26 to 28; and

(c) in the case of an order under section 49(5), as an order under this section excluding any stations, or parts of stations, to which it applies from sections 29 to 31.

Substitution services

Quality contracts schemes in connection with service modifications

39

(1) After subsection (1) of section 124 of the 2000 Act insert—

(1A) A Passenger Transport Authority, or a Passenger Transport Authority jointly with one or more other local transport authorities, may also make a quality contracts scheme covering the whole or part of their area or combined area if they are satisfied— (a) that making a quality contracts scheme is an appropriate way of securing that the transport needs of the potential users of a relevant railway service that has been or is to be reduced or discontinued are met; (b) that the making of the scheme will contribute, in an appropriate way, to meeting the transport needs of other persons living, working or studying in the localities served by that service; (c) that the scheme is compatible with the local transport plan of the Passenger Transport Authority who make the scheme or (as the case may be) of each of the authorities who join in making the scheme; and (d) that the scheme will meet the needs of the persons mentioned in paragraphs (a) and (b) in a way which is economic, efficient and effective. (1B) A local transport authority may join in making a scheme under subsection (1A) by reference to the reduction or discontinuance of a railway passenger service only if— (a) they are the Passenger Transport Authority, or one of the Passenger Transport Authorities, by reference to which that service is a relevant railway service in relation to the scheme; (b) the relevant railway service by reference to which the scheme is made is or was operating in the authority's area; or (c) the persons who live, work or study in localities served by that service include persons living, working or studying in that area.

(2) After subsection (9) of that section insert—

(10) In subsection (1A) the references to a local transport plan, in the case of a local transport authority not having a local transport plan, are references to the policies developed by that authority under section 108(1)(a). (11) In this section “relevant railway service”— (a) in relation to a scheme made by a single Passenger Transport Authority acting alone, means— (i) a railway passenger service operating entirely within the area of that Authority; or (ii) the part of a railway passenger service so operating; (b) in relation to a scheme made jointly by more than one local transport authority, means— (i) a railway passenger service operating wholly or primarily within the area of a Passenger Transport Authority who join in making the scheme; (ii) a railway passenger service operating wholly or primarily within the combined area of two or more Passenger Transport Authorities who join in making the scheme; or (iii) the part of a railway passenger service operating as mentioned in sub-paragraph (i) or (ii). (12) In this section— “potential users”, in relation to a relevant railway service, means persons who (but for the reduction or discontinuance of the service) would have made use of it; and “railway passenger service” has the same meaning as in the Railways Act 1993 (c. 43) (see section 83(1) of that Act). (13) For the purposes of references in this section to where a railway passenger service or part of such a service operates— (a) a service shall be treated as operating at each of the places where stops are made at stations for the purpose of allowing passengers to join or leave the service; and (b) a part of a service is any part of that service so far as it operates at any one or more of those places.

(3) In section 126(4) of that Act (approval of scheme), after “section 124(1)” insert “ or (as the case may be) paragraphs (a) to (d) of section 124(1A) ”.

(4) In section 132 of that Act (variation of scheme)—

(a) in subsection (2), for “paragraphs (a) and (b) of section 124(1)” substitute “ subsection (1)(a) and (b) of section 124 or those set out in subsection (1A)(a) to (d) of that section ”;

(b) in subsection (3) and (4), for “those conditions”, in each place, substitute “ the relevant conditions ”; and

(5) The subsection inserted after section 132(4) of that Act is—

(4A) In subsections (3) and (4) “the relevant conditions” means— (a) in the case of a scheme made under section 124(1) and not subsequently varied under subsection (1)(a) of this section, the conditions set out in section 124(1)(a) and (b); (b) in the case of a scheme made under section 124(1A) and not subsequently varied under subsection (1)(a) of this section, the conditions set out in section 124(1A)(a) to (d); and (c) in the case of a scheme that has been varied under subsection (1)(a) of this section, the conditions by reference to which it was last so varied.

Substitute road services

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(1) Where a railway passenger service—

(a) is temporarily interrupted, or

(b) has been discontinued,

the appropriate national authority may secure the provision of a substitute service for the carriage of passengers by road by means of public service vehicles or private hire vehicles.

(2) Where a railway passenger service has been temporarily interrupted, the route and stopping places of the substitute service need not correspond precisely to those of the interrupted service if it is not practicable for them to do so.

(3) Where a railway passenger service has been discontinued, the route and stopping places of the substitute service need not correspond precisely to those of the discontinued service if—

(a) it is not practicable for them to do so; or

(b) the substitute service broadly corresponds to the discontinued service in terms of the localities served.

(4) For the purposes of this section the appropriate national authority is—

(a) in a case where the railway passenger service that is interrupted or discontinued is a service (other than a Welsh service provided under a Welsh franchise agreement or secured to any extent by the Welsh Ministers) beginning or ending in England or otherwise making at least one scheduled call in England, the Secretary of State;

(aa) in a case where that railway passenger service is a Welsh service provided under a Welsh franchise agreement (but is not a Wales-only service), the Secretary of State in relation to the service to the extent that it is not a Welsh component of a Welsh service;

(ab) in the case of a railway passenger service that is a Welsh service secured to any extent by the Welsh Ministers (but is not a Wales-only service), the Secretary of State in relation to the service to the extent that it is not so secured;

(b) in a case where that railway passenger service is a relevant Scottish passenger service, the Scottish Ministers;

(d) in a case where that railway passenger service is a Welsh service provided under a Welsh franchise agreement (but is not a Wales-only service), the Welsh Ministers in relation to the service to the extent that it is a Welsh component of a Welsh service;

(e) in a case where that railway passenger service is a Welsh service secured to any extent by the Welsh Ministers, the Welsh Ministers in relation to the service to the extent that it is so secured;

and where in any case there is more than one appropriate national authority they shall each have the powers conferred by this section.

(5) In this section a “relevant Scottish passenger service” is—

(a) a railway passenger service provided under a Scottish franchise agreement; or

(b) a railway passenger service not falling within paragraph (a) which is a Scotland-only service or (without being such a service) is a service the provision of which is secured by the Scottish Ministers.

(6) In this section “private hire vehicles” means—

(a) vehicles licensed under section 37 of the Town Police Clauses Act 1847 (c. 89), section 6 of the Metropolitan Public Carriage Act 1869 (c. 115), section 48 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) or section 7 of the Private Hire Vehicles (London) Act 1998 (c. 34) or under any similar enactment; or

(b) taxis or private hire cars licensed under section 10 of the Civic Government (Scotland) Act 1982 (c. 45).

(7) In this section—

“public service vehicles” has the meaning given by section 1 of the Public Passenger Vehicles Act 1981 (c. 14); and

“stopping place”, in relation to a service, means a place at which a service makes a stop for the purposes of allowing passengers to join or leave the service.

Supplemental provisions of Part

Proposals by funding authorities

41

(1) A railway funding authority may make a proposal—

(a) for the discontinuance of a railway passenger service,

(b) for the discontinuance of the operation of a network or part of a network, or

if, and only if, the requirements of subsection (3), (4) or (5) are satisfied.

(2) The requirements of subsection (3) apply to the making of such a proposal by a railway funding authority other than a Passenger Transport Executive, the Mayor of London or Transport for London.

(3) The requirements of this subsection are—

(a) that the proposal is made in association with another proposal by the authority;

(b) that the other proposal relates to any agreement or other arrangements to which the authority is a party and which relate to the provision of financial assistance in connection with the service or the operation or use of the network or station; and

(c) that it appears to the authority that the other proposal would have an effect which is reasonably likely to create or contribute to a need for the service to be discontinued or the operation or use of the network or station to be discontinued.

(4) The requirements of this subsection apply in relation to the making of a proposal by a Passenger Transport Executive and are—

(a) that no funding in relation to a service or, as the case may be, network or station, or part of a network or station, to which the proposal relates is provided by a railway funding authority other than the Passenger Transport Executive; or

(b) that—

(i) every service to which the proposal relates operates entirely within their area; and

(ii) every network or station, or part of a network or station, to which the proposal relates is wholly in their area.

(5) The requirements of this subsection apply in relation to the making of a proposal by the Mayor of London or Transport for London and are—

(a) that no funding in relation to a service or (as the case may be) network or station, or part of a network or station, to which the proposal relates is provided by a railway funding authority other than the Mayor of London or Transport for London; or

(b) that—

(i) every service to which the proposal relates operates entirely within Greater London; and

(ii) every network or station, or part of a network or station, to which the proposal relates is wholly in Greater London.

(6) The arrangements referred to in subsection (3)(b) include arrangements between the railway funding authority in question and another such authority.

(7) For the purposes of subsections (4) and (5) a service operates entirely within an area if it starts and ends in that area and does not make any other scheduled calls outside that area.

Closures guidance

42

(1) It shall be the duty of the Scottish Ministers to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to—

(a) proposals to discontinue any Scotland-only service or services;

(b) proposals to discontinue any cross-border service or services in relation to which no funding is provided by a railway funding authority other than the Scottish Ministers;

(d) proposals to discontinue the use or operation of any station or part of a station that is wholly in Scotland.

(1A) It is the duty of the Welsh Ministers to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to—

(a) proposals to discontinue any Wales-only service or services; or

(b) proposals to discontinue the use or operation of any station, or part of a station, that—

(i) is wholly in Wales, and

(ii) is a station to which subsection (1B) applies or part of such a station.

(1B) 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.

(2) It shall be the duty of the Scottish Ministers acting jointly with the Secretary of State or the Welsh Ministers (or the Secretary of State and the Welsh Ministers) to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to proposals to discontinue any cross-border services in relation to which, as the case may be—

(a) the Secretary of State provides funding;

(b) the Welsh Ministers provide funding; or

(3) It shall be the duty of the Secretary of State acting jointly with the Welsh Ministers to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to—

(a) proposals to discontinue any Welsh service or services (other than any Wales-only service or services);

(b) proposals to discontinue the operation of a network or part of a network that is wholly in Wales; or

(c) proposals to discontinue the use or operation of any station or part of a station that is wholly in Wales (other than a station to which subsection (1B) applies or part of such a station).

(4) It shall be the duty of the Secretary of State to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to proposals as respects which none of the preceding subsections imposes any duty.

(5) Guidance published under this section may include different provision for different descriptions of proposals and for different purposes.

(6) A person who is under a duty to publish guidance under this section may from time to time—

(a) modify the guidance; and

(b) publish revised guidance.

(7) Before publishing or modifying any guidance under this section the person with the duty of publishing the guidance must consult—

(a) such persons operating railway passenger services, networks and stations that are affected by the proposed guidance as he thinks appropriate; and

(b) such other persons as he thinks appropriate.

(8) For the purposes of subsection (7) a railway passenger service, network or station is affected by proposed guidance if the proposed guidance would have effect in relation to a proposal relating to that service, network or station.

Procedure relating to publication and modification of closures guidance

43

(1) The Secretary of State must lay before each House of Parliament a copy of any guidance or revised guidance, or modifications of guidance, which he publishes or makes (whether or not jointly with any other person) under section 42.

(2) The Scottish Ministers must lay before the Scottish Parliament a copy of any guidance or revised guidance, or modifications of guidance, which they publish or make (whether or not jointly with any other person) under that section.

(2A) The Welsh Ministers must lay before the National Assembly for Wales a copy of any guidance or revised guidance, or modifications of guidance, which they publish or make under section 42(1A).

(3) Any guidance or revised guidance published under section 42 is to have effect, and any modifications of guidance made under that section are to have effect, in accordance with an order made—

(a) if subsection (1) applies in relation to the guidance or modifications, by the Secretary of State;

(b) if subsection (2) applies in relation to the guidance or modifications, by the Scottish Ministers; and

(c) if both subsections (1) and (2) apply in relation to the guidance or modifications, jointly by the Secretary of State and the Scottish Ministers.

(3A) Guidance published by the Welsh Ministers under section 42(1A) (and any modifications of that guidance or any revised version of that guidance published by the Welsh Ministers under section 42(6)) are to have effect in accordance with an order made by the Welsh Ministers.

(4) An order under subsection (3) which relates to guidance or revised guidance published, or modifications of guidance made, by the Welsh Ministers jointly with the Secretary of State or the Scottish Ministers, or both of them, may be made only with the consent of the Welsh Ministers .

(5) An order under subsection (3) or (3A) is subject to the negative resolution procedure.

(6) If a statutory instrument containing an order under subsection (3) or (3A) is annulled—

(a) the guidance or revised guidance, or modifications of guidance, to which it relates is, or are, treated as having been withdrawn; and

(b) where revised guidance or modifications is or are so withdrawn, any guidance published under section 42 which had effect before the publication of the revised guidance or the making of the modifications is to continue to have effect.

(7) The withdrawal of guidance or revised guidance or modifications of guidance under subsection (6)—

(a) does not affect anything done in consequence of the guidance before the withdrawal; and

(b) does not preclude the publication of further guidance or revised guidance or the making of further modifications.

Exclusion of liability for breach of statutory duty

44

(1) Subject to section 57 of the 1993 Act (validity and effect of final and provisional orders under section 55 of that Act), the obligations specified in subsection (2) shall not give rise to any form of duty or liability enforceable by civil proceedings for breach of statutory duty.

(2) Those obligations are—

(a) any obligation of a person under section 22(8) not to discontinue a railway passenger service;

(b) any obligation of a person under section 26(8) not to discontinue the operation of a network or part of a network;

(d) any obligation of a person to comply with a requirement imposed under section 33(2) ;

(e) any obligation of a person to comply with conditions to which he has agreed under section 34(5) ;

(f) any obligation of a person under section 37(2) not to discontinue an experimental passenger service;

(g) any obligation of the Secretary of State, the Welsh Ministers or the Scottish Ministers under this Part to secure (to any extent) the provision of a railway passenger service, network or station or of a part of a network or station.

Interpretation of Part 4

45

(1) In this Part—

“closure” means—the discontinuance of a railway passenger service or of railway passenger services;the discontinuance of the operation of the whole or a part of a network; orthe discontinuance of the use or operation of the whole or a part of a station;

“closure non-ratification notice” is to be construed in accordance with section 32(7);

“closure ratification notice” is to be construed in accordance with section 32(8);

“closures guidance” means the guidance published under section 42, and references to the relevant part of the closures guidance are to be construed in accordance with subsection (2);

“the end of the interim period” is to be construed in accordance with subsection (3);

“excluded proposal” is to be construed in accordance with section 38;

“experimental passenger service” means a railway passenger service which, before its introduction, was designated under section 36 as experimental;

“proposal date”, in relation to a proposal for the discontinuance of any service or services, or any network or station or part of a network or station, means the date after which, according to the proposal, the service or services will no longer be provided or, as the case may be, the operation or use of the network or station or part of a network or station will be discontinued;

“railway funding authority” means—the Secretary of State;the Scottish Ministers; the Welsh Ministers;a Passenger Transport Executive;the Mayor of London;Transport for London;a person designated as such an authority by an order under subsection (4);

“secured service” means a service which is provided by or on behalf of the Secretary of State, the Welsh Ministers or the Scottish Ministers under—section 30 of the 1993 Act;section 22(9), 23(7) or 24(7) or (8) of this Act; ora requirement imposed under section 33(2) of this Act;

“secured”, in relation to a network or station, or a part of a network or station, means provided on behalf of the Secretary of State the Welsh Ministers or the Scottish Ministers under—section 26(9), 27(7) or 28(6) or (7) of this Act (networks);section 29(9), 30(7) or 31(6) or (7) of this Act (stations); ora requirement imposed under section 33(2) of this Act.

(2) In this Part “the relevant part of the closures guidance”—

(a) in relation to a proposal to discontinue any railway passenger service or services, means the part of the closures guidance relating to the discontinuance of any such services that is applicable to that proposal;

(b) in relation to a proposal to discontinue the operation of a network or part of a network, means the part of the closures guidance relating to the discontinuance of the operation of networks or parts of networks that is applicable to that proposal; and

(c) in relation to a proposal to discontinue the use or operation of a station or part of a station, means the part of the closures guidance relating to the discontinuance of the use or operation of such stations or parts of such stations that is applicable to that proposal.

(3) For the purposes of this Part the interim period, in relation to a proposal for the discontinuance of any service or services, or any network or station or part of a network or station, is a period ending—

(a) in a case where the national authority forms the opinion in accordance with the criteria set out in the relevant part of the closures guidance that the proposal should not be allowed, with the proposal date; and

(b) otherwise, as the case may be—

(i) with the date on which notification is given to the person who made the proposal that the national authority has changed its opinion with respect to the proposal;

(ii) with the withdrawal of the proposal; or

(iii) four weeks after the date on which a closure ratification notice or closure non-ratification notice is issued by the Office of Rail and Road on any reference to it relating to the proposal.

(4) The appropriate authority may by order designate a person as a railway funding authority if—

(a) that person is a person on whom functions are conferred by or under any enactment; and

(b) the appropriate authority is satisfied that that person, in the carrying out of those functions, provides financial assistance for purposes that are connected with railways or the provision of railway services.

(5) In subsection (4), “appropriate authority”—

(a) in relation to a person who provides no financial assistance for purposes mentioned in subsection (4)(b) other than—

(i) funding in relation to the provision of Scotland-only services,

(ii) Scottish majority funding in relation to cross-border services, or

(iii) funding in relation to the operation or use of a network or station, or part of a network or station, that is wholly in Scotland,

means the Scottish Ministers;

(aa) in relation to a person who provides no financial assistance for purposes mentioned in subsection (4)(b) other than—

(i) funding in relation to the provision of Wales-only services, or

(ii) funding in relation to the operation or use of a station, or part of a station, that is wholly in Wales and is a station to which subsection (5A) applies or part of such a station,

means the Welsh Ministers;

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

(5A) 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.

(6) For the purposes of subsection (5)(a)(ii), a person provides Scottish majority funding in relation to particular services if—

(a) the person is—

(i) a body established by or under an Act of the Scottish Parliament; or

(ii) a body which has its principal office in Scotland; and

(b) in relation to those services, the person provides more funding than is provided in aggregate by railway funding authorities.

(7) An order under subsection (4) is subject to the negative resolution procedure.

(8) In subsection (4)(a), “enactment” includes an enactment contained in an Act of the Scottish Parliament.

(9) In this Part references to financial assistance include references to each of the following—

(a) the making of grants or loans;

(b) the giving of guarantees; and

Part 5 — Further miscellaneous provisions

Conduct and accessibility on railways

Bye-laws

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(1) A railway operator may make bye-laws regulating one or more of the following—

(a) the use and working of a relevant asset;

(b) travel on or by means of a relevant asset;

(d) the conduct of persons while on relevant assets.

(2) Those bye-laws may include, in particular—

(a) bye-laws with respect to tickets issued for entry on relevant assets or for travel by railway or with respect to evasion of the payment of fares or other charges;

(b) bye-laws with respect to the obstruction of a railway;

(c) bye-laws with respect to any other interference with the working of a railway, with a relevant asset or with the provision of a railway service;

(d) bye-laws prohibiting or restricting smoking in railway carriages and elsewhere;

(e) bye-laws for the prevention of nuisance;

(f) bye-laws with respect to the receipt and delivery of goods; and

(g) bye-laws for regulating the passage of bicycles and other vehicles on footways and other premises controlled by the railway operator in question and intended to be used by those on foot.

(3) Schedule 9 (which makes provisions about bye-laws under this section) has effect.

(4) Bye-laws which—

(a) were made by the Strategic Rail Authority under section 219 of the 2000 Act, and

(b) are in force immediately before the repeal of that section by this Act,

shall continue to have effect after the coming into force of that repeal as if every reference in those bye-laws to that Authority were a reference to the Secretary of State.

(5) The Secretary of State may by order revoke or amend—

(a) any bye-laws having effect in accordance with subsection (4); or

(b) any bye-laws saved by the 2000 Act.

(5A) The Welsh Ministers may by order revoke or amend any bye-laws falling within subsection (5)(a) or (b) to the extent that they regulate—

(a) the use and working of a relevant asset that is a Welsh asset;

(b) travel on or by means of such an asset;

(d) the conduct of persons while on such an asset.

(6) In subsection (5), “bye-laws saved by the 2000 Act” means bye-laws which—

(a) were made (or have effect as if they were made) under section 67 of the Transport Act 1962 (c. 46) or section 129 of the 1993 Act;

(b) were continued in force by paragraph 5(2) of Schedule 28 to the 2000 Act; and

(7) In this section “railway operator” means an operator of a railway asset who is—

(a) authorised to be the operator of that asset by a licence granted under section 8 of the 1993 Act; ...

(b) exempt by virtue of section 7 of that Act or any other enactment from the requirement to be so authorised or

(8) In this section “relevant asset”, in relation to a railway operator, means—

(a) a railway asset of which he is the operator; or

(b) any rolling stock not falling within paragraph (a) of which he has the management for the time being.

(9) In this section “Welsh asset” means an asset (other than an asset that is part of a network) that is—

(a) permanently situated in Wales; or

(b) used only in Wales.

Power of Scottish Ministers to make penalty fare regulations

47

(1) In section 130 of the 1993 Act (penalty fare regulations), in subsection (1), for “The Secretary of State may by regulations” substitute “ The Secretary of State and the Scottish Ministers shall each have power by regulations to ”.

(2) After subsection (1) insert—

(1A) The power of the Scottish Ministers under this section shall be exercisable only in relation to trains and stations used for the purposes of— (a) railway passenger services provided under Scottish franchise agreements; or (b) a railway passenger service not falling within paragraph (a) which is a Scotland-only service or (without being such a service) is a service the provision of which is secured by the Scottish Ministers.

(3) After subsection (11) insert—

(11A) A statutory instrument containing regulations made by the Scottish Ministers under this section is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Code of practice for disabled rail users in Scotland

48

(1) The Scottish Ministers shall have power to prepare, and from time to time to revise, a code of practice for protecting the interests of users of relevant Scottish services who are disabled.

(2) The Scottish Ministers must publish a code prepared by them under this section, and every revision of it, in such manner as they consider appropriate.

(3) Before preparing or revising a code under this section the Scottish Ministers must consult the Disabled Persons Transport Advisory Committee established under section 125 of the Transport Act 1985 (c. 67).

(4) In this section “relevant Scottish service” means—

(a) a railway passenger service provided under a Scottish franchise agreement;

(b) a railway passenger service not falling within paragraph (a) which is a Scotland-only service or (without being such a service) is a service the provision of which is secured by the Scottish Ministers; or

(c) a station service provided in relation to a station in Scotland at which a service falling within paragraph (a) or (b) makes a scheduled call.

Railway administration orders for companies providing Scottish services

Functions of Scottish Ministers in relation to railway administration

49

(1) In subsection (6) of section 59 of the 1993 Act (interpretation of expressions used in connection with railway administration)—

(a) after “Part—” insert—

(za) “appropriate national authority”— (i) in relation to a Scottish protected railway company or a company subject to a railway administration order that was such a company when the order was made, means the Scottish Ministers; and (ii) in relation to any other protected railway company or company subject to a railway administration order, means the Secretary of State;

(b) after paragraph (b) insert—

(c) “Scottish protected railway company” means a protected railway company that is such a company only in respect of activities carried on by it as franchise operator in relation to a Scottish franchise agreement.

(2) In subsection (1) of section 60 (petition for railway administration order), for the words from the beginning to the end of paragraph (b) substitute—

(1) If, on an application relating to a protected railway company

(3) After that subsection insert—

(1A) An application under subsection (1) for the making of a railway administration order may be made— (a) in the case of an application on the ground specified in paragraph (a) of subsection (2), only by the appropriate national authority; and (b) in the case of an application on the ground specified in paragraph (b) of that subsection, only by the Secretary of State.

(4) In each of the following provisions of the 1993 Act, for “Secretary of State”, wherever occurring, substitute “ appropriate national authority ”, namely—

(a) section 61(1)(a)(i) and (2)(a) (notice and power to petition for railway administration order in the case of a winding-up petition);

(b) section 62(2)(a)(i), (3)(a), (5)(a)(i), (6)(a) and (7)(a) (notice and power to petition for railway administration order in the case of voluntary winding-up and other insolvency proceedings); and

(5) In paragraph 1 of Schedule 6 to the 1993 Act, before the “and” at the end of paragraph (a) insert—

(aa) as if references in those sections to the appropriate national authority were to be construed in accordance with section 59(6)(za) of this Act;

(6) In paragraphs 7(4), 8, and 10(5) of Schedule 6 to the 1993 Act, for “the Strategic Rail Authority” substitute “ the appropriate national authority ”.

(7) In paragraph 2 of Schedule 7 to the 1993 Act (making and modification of transfer schemes in connection with railway administration orders), for each of the following substitute “ the appropriate national authority ”, namely—

(a) in sub-paragraph (2), the words from “the Secretary of State” onwards;

(b) in sub-paragraphs (4) and (5), “the Secretary of State”, wherever occurring;

(c) in sub-paragraph (6), “the Secretary of State or Authority”, in each place, and “the Secretary of State or the Authority”; and

(d) in sub-paragraph (7), the words from “the Secretary of State or, in” to “the Authority” and “the Secretary of State or Authority”.

(8) In that paragraph—

(a) in sub-paragraph (3), for the words from “the Secretary of State”, where first occurring, to “or Authority” substitute “ “the appropriate national authority, it ”; and

(b) in sub-paragraph (6), for “his” substitute “ the appropriate national authority's ”.

(9) After sub-paragraph (8) of that paragraph insert—

(9) A statutory instrument containing an order under this paragraph by the Scottish Ministers is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(10) Where a railway administration order is in force immediately before the commencement of this section in relation to a Scottish protected railway company, things done by or in relation to the Secretary of State for the purposes of or in connection with that order and by virtue of —

(a) any provision of sections 59 to 62 of the 1993 Act, or

(b) any provision of Schedule 6 or 7 to that Act, or of the Insolvency Act 1986 (c. 45) as modified by Schedule 6 to the 1993 Act,

are to have effect, so far as necessary for giving them continuing validity and effect, as if done by the Scottish Ministers.

(11) The power to amend Schedule 6 to the 1993 Act under section 249 of the Enterprise Act 2002 (c. 40) applies to the modifications of that Schedule by this Act, as it applies to that Schedule.

Assistance by Scottish Ministers for companies in railway administration

50

(1) In section 63 of the 1993 Act (financial assistance by the Secretary of State where railway administration orders made)—

(a) in subsection (1), after “a company” insert “ other than a Scottish protected railway company ”; and

(b) in subsection (2), for the words from “in relation to which” onwards substitute

where that company— (a) is a company in relation to which a railway administration order is in force at the time when the guarantee is given; and (b) is not a Scottish protected railway company.

(2) After section 64 of that Act insert—

(64A) (1) Where a railway administration order is for the time being in force in relation to a Scottish protected railway company, the Scottish Ministers 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 may guarantee— (a) the repayment of the principal of any sum borrowed by a Scottish 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 (c) the discharge of any other financial obligation in relation to a sum so borrowed. (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 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 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 may from time to time direct. (6) The power of the Scottish 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; (c) a member or employee of a firm of which the railway administrator is a member; (d) a member or employee of a firm of which the railway administrator is an employee; (e) a member of a firm of which the railway administrator was an employee or member at a time when the order was in force; (f) a body corporate which is the employer of the railway administrator; or (g) an officer, employee or member of such a body corporate. (8) In this section— (a) references to the railway administrator, in relation to a railway administration order, are references to the person appointed to achieve the purposes of the order and, where two or more persons are so appointed, are to be construed as references to any one or more of them; and (b) the references to a firm of which a person was a member or employee at a particular time include references to a firm which holds itself out to be the successor of a firm of which he was a member or employee at that time. (9) If sums are paid out by the Scottish Ministers in respect of an indemnity or guarantee under this section, the company in relation to which the indemnity or guarantee was given must pay them— (a) such amounts in or towards the repayment to them of those sums as they may direct; and (b) interest, at such rates as they may direct, on amounts outstanding under this subsection. (10) Payments to the Scottish Ministers under subsection (9) must be made at such times and in such manner as they may determine. (11) Subsection (9) does not apply in the case of a sum paid by the Scottish Ministers for indemnifying a person in respect of a liability to the company in relation to which the railway administration order in question was made.

Duties of co-operation

ORR to assist and advise national authorities

51

(1) It shall be the duty of the Office of Rail and Road to comply with every reasonable requirement of the Secretary of State—

(a) to provide him with information or advice about a matter connected with a function or other activity of his in relation to railways or railway services;

(b) to provide him with information or advice about a matter relevant to the railway safety purposes; or

(c) otherwise to provide him with assistance in relation to a matter that is connected with such a function or activity or is relevant to those purposes.

(2) It shall be the duty of the Office of Rail and Road to comply with every reasonable requirement of the Scottish Ministers—

(a) to provide them with information or advice about a matter connected with a function or other activity of theirs in relation to railways or railway services; or

(b) otherwise to provide them with assistance in relation to a matter that is connected with such a function or activity.

(3) It shall be the duty of the Office of Rail and Road to comply with every reasonable requirement of the Welsh Ministers—

(a) to provide them with information or advice about a matter connected with a function or other activity of theirs in relation to railways or railway services; or

(b) otherwise to provide them with assistance in relation to a matter that is connected with such a function or activity.

(4) References in this section to the functions of a person in relation to railways or railway services include references, in particular, to all that person's functions under Part 1 of the 1993 Act, Part 4 of the 2000 Act or this Act.

(5) In this section “railway safety purposes” has the same meaning as in Schedule 3.

Duty of Passenger Transport Executives to advise Secretary of State

52

(1) It shall be the duty of a Passenger Transport Executive to comply with every requirement of the Secretary of State to provide him with advice about a matter connected with a function or other activity of his in relation to railways or railway services.

(2) A Passenger Transport Executive are not required to do anything under this section to the extent that it would involve an unreasonable administrative burden for the Executive.

(3) In determining the extent to which anything would involve an unreasonable administrative burden regard must be had (where relevant) to so much of whatever else the Passenger Transport Executive are required to do under this section as they have accepted does not involve such a burden.

(4) References in this section to the functions of the Secretary of State in relation to railways or railway services—

(a) include references, in particular, to all his functions under Part 1 of the 1993 Act, Part 4 of the 2000 Act or this Act; but

(b) do not include references to any functions of his so far as they are exercisable, or fall to be performed, for or in connection with the railway safety purposes (within the meaning of Schedule 3).

Part 6 — General and supplemental

General

Taxation

53

Schedule 10 (which makes taxation provision in relation to transfer schemes under sections 1(2) and 12) has effect.

Further amendments of the 1993 Act

54

(1) In sections 118 and 119 of the 1993 Act (powers in emergency and security powers etc.), at the end of subsection (11), in each case, insert “ with “railway” having its wider meaning for the purposes of this section. ”

(2) After section 119(5) of that Act insert—

(5A) The Secretary of State may give an instruction under this section for the protection of a relevant asset that is wholly in Scotland, or of persons or property on or in such an asset, only if— (a) the asset would be a relevant asset even if railway did not have its wider meaning for the purposes of this section; or (b) the instruction is given in the interests of national security. (5B) In subsection (5A) the reference to an instruction given in the interests of national security includes a reference to any instruction given for the purpose of ensuring that protection against terrorism is provided to the asset, persons or property in question.

(3) In section 119(11) of that Act, after the definition of “specified” insert—

“terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11) (see section 1 of that Act);

(4) Schedule 11 (which makes further miscellaneous minor and consequential amendments of the 1993 Act) has effect.

Supplemental

Expenses etc.

55

(1) There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State for or in connection with the carrying out of any of his functions under this Act; and

(b) any increase attributable to this Act in the sums which are payable out of money so provided under any other Act.

(2) Sums received by the Secretary of State by virtue of any of the following provisions of this Act must be paid into the Consolidated Fund—

(a) section 6;

(b) section 10(6);

(d) paragraph 7 of Schedule 5.

Powers exercisable by statutory instrument

56

(1) Every power conferred by this Act on the Secretary of State, the Welsh Ministers or the Scottish Ministers to make an order or regulations is a power exercisable by statutory instrument.

(2) Where—

(a) this Act provides for an order or regulations to be subject to the negative resolution procedure, and

(b) a draft of the order or regulations is not required, in accordance with subsection (4) or any other enactment, to have been laid before Parliament and approved by a resolution of each House, or by a resolution of the House of Commons, or of the National Assembly for Wales or of the Scottish Parliament,

the statutory instrument containing the order or regulations shall be subject to annulment in pursuance of a relevant resolution.

(3) In subsection (2) “a relevant resolution”—

(a) in relation to an order or regulations made by the Secretary of State, means a resolution of either House of Parliament;

(b) in relation to an order or regulations made by the Scottish Ministers, means a resolution of the Scottish Parliament; ...

(c) in relation to an order made by the Secretary of State and the Scottish Ministers jointly, means a resolution of either House of Parliament or of the Scottish Parliament.

(d) in relation to an order or regulations made by the Welsh Ministers, means a resolution of the National Assembly for Wales; and

(e) in relation to an order made by the Secretary of State and the Welsh Ministers jointly, means a resolution of either House of Parliament or of the National Assembly for Wales.

(4) Where this Act specifies that a power to make provision of a particular description by order is subject to the affirmative resolution procedure, no order may be made containing provision of that description (with or without other provision) unless a draft of the order has been—

(a) laid before Parliament; and

(b) approved by a resolution of each House.

(5) Subject to subsection (6), every power under this Act of the Secretary of State, the Welsh Ministers or the Scottish Ministers to make an order or regulations includes power—

(a) to make different provision for different cases (including different provision in respect of different areas);

(b) to make provision subject to such exemptions and exceptions as the person exercising the power thinks fit; and

(6) Subsection (5) does not apply to the power of the Secretary of State to make an order under section 60(2).

Meaning of “Wales-only service” and “Welsh service”

57

(1) In this Act—

“Welsh component of a Welsh service” means a Welsh service (other than a Wales-only service) so far as it involves the carriage of passengers by railway in Wales, but not any part of the service excluded by subsection (1A);

“Wales-only service” means a railway passenger service which—starts and ends in Wales and does not make any other scheduled calls outside Wales; ......

“Welsh service” means a railway passenger service which starts in Wales, ends in Wales or otherwise makes at least one scheduled call in Wales.

(1A) For the purposes of the definition of “Welsh component of a Welsh service” in subsection (1) the following parts of a service are excluded—

(a) any part of the service after the last scheduled call wholly in Wales before each occasion when the service leaves Wales;

(b) any part of the service before the first scheduled call wholly in Wales after each occasion when the service enters Wales; and

(c) any part of the service between two scheduled calls not wholly in Wales where there is no intervening scheduled call wholly in Wales.

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

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

General interpretation

58

(1) In this Act—

“the 1993 Act” means the Railways Act 1993 (c. 43);

“the 2000 Act” means the Transport Act 2000 (c. 38);

“contravention” includes a failure to comply and cognate expressions are to be construed accordingly;

“Wales-only service”, “Welsh component of a Welsh service” and “Welsh service” have the meanings given by section 57.

(2) An expression which is given a meaning by any provision of the 1993 Act for the purpose either of that Act or of Part 1 of it has the same meaning in this Act as in that Act or (as the case may be) that Part.

(3) In this Act a reference to an Integrated Transport Authority or a Passenger Transport Authority, to a Passenger Transport Executive or to an integrated transport area or a passenger transport area is a reference to the authority, executive or area which is such an Authority, Executive or area for the purposes of Part 2 of the Transport Act 1968 (c. 73).

(4) For the purposes of this Act a company is wholly owned by a person at any time when it has no members other than one or more persons falling within the following paragraphs—

(a) that person;

(b) a company which is wholly owned by that person;

(5) For the purposes of this Act a company is jointly owned by two or more persons (“the relevant persons”) at any time when (without being wholly owned by a person) it has no members other than two or more persons falling within the following paragraphs—

(a) the relevant persons;

(b) a company which is jointly owned by two or more of the relevant persons or which is wholly owned by one of them;

Consequential amendments, transitional provisions and repeals

59

(1) Schedule 12 (which contains consequential and minor amendments) has effect.

(2) The Secretary of State may make a scheme making such modifications of the provisions of any licence or licence exemption granted under section 7(3) of the 1993 Act as appear to him to be necessary or expedient in consequence of any provision falling within subsection (3) by virtue of which—

(a) functions are transferred (with or without modifications) from one person to another; or

(b) functions corresponding (with or without modifications) to functions previously conferred on one person become functions of another.

(3) Those provisions are—

(a) section 1 and Schedule 1;

(b) section 2 and Schedule 3;

(d) section 48.

(4) A scheme under subsection (2) may include provision for things done by or in relation to a person who previously had a function to be treated as done by or in relation to the person on whom that function, or the corresponding function, is conferred by virtue of this Act.

(5) Where a scheme under subsection (2) makes a modification of the provisions of a licence or licence exemption, the Secretary of State must—

(a) in the case of a modification of the provisions of a licence, notify the licence holder; and

(b) in the case of a modification of the provisions of a licence exemption granted under section 7(3) of the 1993 Act, give such notice as he considers appropriate for bringing the modification to the attention of persons likely to be affected by it.

(5A) Subsections (2) to (5) have effect in relation to a railway undertaking licence and a holder of a railway undertaking licence as they have effect in relation to a licence and a licence holder respectively.

(6) The provisions in Part 1 of Schedule 13 (which include some that are spent) are repealed to the extent shown in the second column of that Part.

(7) Those repeals have effect subject to the savings in Part 2 of that Schedule.

Short title, commencement and extent

60

(1) This Act may be cited as the Railways Act 2005.

(2) This Act (apart from this section and section 56(1)) shall come into force on such day as the Secretary of State by order appoints; and different days may be appointed for different purposes.

(3) The Secretary of State may by order make such transitional provisions and savings in connection with the bringing into force of—

(a) section 21,

(b) Part 4 of this Act, or

as he thinks fit.

(4) An order containing provision made by virtue of subsection (3) is subject to the negative resolution procedure.

(5) The following provisions of this Act extend to England and Wales only—

(a) section 13;

(b) section 39; and

(6) This Act does not extend to Northern Ireland.

SCHEDULE 1

Part 1 — Transfer and abolition of functions

Transfer to ORR of consumer protection and other functions relating to licensing

1

(1) In section 7 of the 1993 Act—

(a) in subsections (1) and (3) (consultation with SRA about exemptions), omit “and the Authority”; and

(b) subsections (5A), (6A) and (8A) (consumer protection conditions) shall cease to have effect.

(2) In subsection (9) of that section, for “subsections (6) and (6A)” substitute “ subsection (6) ”.

2

Section 7A of the 1993 Act (consumer protection conditions) shall cease to have effect.

3

(1) In section 8 of the 1993 Act (licences), in subsection (1)—

(a) in paragraph (a), omit “and the Authority”;

(b) in paragraph (b), omit “given after consultation with the Authority”.

(2) In subsection (2) of that section, paragraph (a) shall cease to have effect.

(3) In subsection (6) of that section (consent required for surrender of licence), for “and the Authority consent” substitute “ consents ”.

(4) In subsection (7) of that section—

(a) in paragraph (a), omit “, to the Authority”; and

(b) in paragraph (b), for “Authority” substitute “ Secretary of State ”.

(5) In subsection (8) of that section, omit “and the Authority”.

4

In section 11 of the 1993 Act (assignment of licences)—

(a) in subsection (2)(b), omit “and the Authority”;

(b) in subsection (4), omit “or persons”.

5

(1) In section 12 of the 1993 Act, subsections (1A) to (1C) (modification of consumer protection conditions) shall cease to have effect.

(2) In subsection (2) of that section, for “of any conditions of a licence which do not relate to consumer protection” substitute “ under this section ”.

6

In section 13 of the 1993 Act (modification references to Competition Commission)—

(a) for “the appropriate authority”, wherever occurring, substitute “ the Office of Rail Regulation ”; and

(b) subsections (1A) to (1C) shall cease to have effect.

7

In section 13A of the 1993 Act (time limits under section 13), for “the appropriate authority”, wherever occurring, substitute “ the Office of Rail Regulation ”.

8

In section 14 of the 1993 Act (reports on modification references)—

(a) for “the appropriate authority”, wherever occurring, substitute “ the Office of Rail Regulation ”; and

(b) subsection (5A) shall cease to have effect.

9

In section 15 of the 1993 Act (modification following report)—

(a) subsections (1B) and (3A) (reports to the SRA) shall cease to have effect;

(b) in subsections (2), (4A), (4B), (4C) and (4D), omit “or Authority”, wherever occurring; and

10

(1) This paragraph applies to things done under or for the purposes of any provision of sections 13 to 15C of the 1993 Act (modification of licences) so far as they were done before the commencement of this paragraph by or in relation to the Strategic Rail Authority as the appropriate authority.

(2) In relation to times after the commencement of this paragraph, those things shall have effect, so far as necessary for giving them continuing validity or effect, as if done by or in relation to the Office of Rail and Road.

Transfers relating to the provision, improvement or development of railway facilities

11

(1) In sections 16A, 16C(3), 16D, 16E(2)(a), 16F(3)(a) and 16G of the 1993 Act (directions by Office of Rail Regulation, on applications made by or with the consent of the SRA, to provide, improve or develop railway facilities), for “Authority”, wherever occurring, substitute “ appropriate facilities authority ”.

(2) In section 16A of that Act, in subsection (3), for “Authority's consent” substitute “ consent of the appropriate facilities authority ”.

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

(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.

(4) In section 16B(1) and (4) of that Act (exemptions of facilities from section 16A), for “Secretary of State”, in each place, substitute, “ appropriate facilities authority ”.

(5) In section 16B of that Act, after subsection (6) insert—

(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.

(6) An exemption granted under subsection (1) of section 16B of that Act before the commencement of this paragraph—

(a) which is in force at the time of the commencement of this paragraph or is to come into force after that time, and

(b) is contained in an order the power to make which is exercisable after that time by the Scottish Ministers,

is to have effect after that time as if contained in an order made by those Ministers which is not subject to subsection (7) of that section.

Transfer of functions relating to access agreements

12

(1) In sections 17 to 19 of the 1993 Act (access agreements) except in sections 17(4) and 19(7), for “the Authority”, wherever occurring, substitute “ the Secretary of State ”.

(2) In each of sections 17(4) and 19(7) (references to operating on behalf of SRA)—

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

(b) for “Authority”, in the second place, substitute “ Secretary of State or the Scottish Ministers ”; and

(3) In section 18(6A)(b) of that Act, for “its” substitute “ his ”.

Transfer of functions relating to franchise agreements

13

(1) In section 23 of the 1993 Act (passenger services to be subject to franchise agreements), in subsections (1) and (2), for “Authority”, wherever occurring, substitute “ appropriate designating authority ”.

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

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