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 provisions of that scheme or of paragraph 2(4) and (5) have the effect of preventing the third party's entitlement to that interest or right from being enforced in respect of anything for which the scheme provides, and

(c) provision is not made by the scheme for securing that an entitlement to that interest or right, or to an equivalent interest or right, is preserved or created so as to arise and be enforceable in respect of the first occasion when corresponding circumstances next occur after the coming into force of the transfers for which the scheme provides,

the third party shall be entitled to compensation in respect of the extinguishment of his entitlement.

(2) The amount of compensation to which a third party is entitled under this paragraph is the amount necessary for securing, to the extent that it is just to do so, that he does not suffer financial loss from the extinguishment of his entitlement.

(3) A liability to pay compensation under this paragraph shall fall on the Secretary of State.

(4) In the preceding provisions of this paragraph “third party”, in relation to a scheme, means a person other than the transferor and the transferee.

(5) This paragraph shall have effect in relation to—

(a) the provisions of an agreement or instrument entered into or executed in pursuance of an obligation imposed by a scheme under section 1(2), and

(b) the provisions of an agreement under paragraph 8 relating to property, rights or liabilities transferred or created in accordance with such a scheme,

as it has effect in relation to the scheme but as if, in the case of an agreement under paragraph 8, only persons who are not parties to the agreement were third parties.

Provision of information to person making scheme

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(1) A person who proposes to make a scheme (“the scheme authority”) may direct—

(a) a proposed transferor, or

(b) a proposed transferee,

to provide him with such information as he considers necessary to enable him to make the scheme.

(2) Such a direction must specify the period within which the information is to be provided.

(3) The period specified in the direction must be not less than 28 days beginning with the day of the giving of the direction.

(4) If a person fails to comply with such a direction, the scheme authority may serve a notice on him requiring him—

(a) to produce to the scheme authority any documents which are specified or described in the notice and are in his custody or under his control; or

(b) to provide to the scheme authority such information as may be specified or described in the notice.

(5) Documents or information to be produced or provided in accordance with such a notice must be produced or provided at the time and place, and in the form and manner, specified in the notice.

(6) No person may be required under this paragraph—

(a) to produce a document which he could not be compelled to produce in civil proceedings in the court; or

(b) to provide information which he could not be compelled to give in evidence in such proceedings.

(7) A person who intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under sub-paragraph (4) is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; and

(b) on conviction on indictment, to a fine.

(8) If a person fails to comply with a notice under sub-paragraph (4), the court may, on the application of the scheme authority, make such order as the court thinks fit for requiring the failure to be made good.

(9) Any order under sub-paragraph (8) may include provision requiring all the costs or expenses of and incidental to the application to be borne by one or more of the following—

(a) the person in default;

(b) any officers of a company or other association who are responsible for its default.

(10) In this paragraph—

(a) a reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and

(b) the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

(11) In this paragraph “the court” means—

(a) in England and Wales, the High Court; and

(b) in Scotland, the Court of Session.

Interpretation

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(1) In this Schedule—

“enactment” includes an enactment comprised in an Act of the Scottish Parliament;

“transferee”—in relation to a scheme, means a person to whom property, rights or liabilities are transferred in accordance with the scheme; andin relation to particular property, rights or liabilities transferred or created in accordance with a scheme, means the person to whom that property or those rights or liabilities are transferred or in whose favour, or in relation to whom, they are created;

“transferor”—in relation to a scheme, means the person from whom property, rights or liabilities are transferred in accordance with the scheme; andin relation to particular property, rights or liabilities transferred or created in accordance with a scheme, means the person from whom that property or those rights or liabilities are transferred or the person who or whose property is subject to the interest or right created by the scheme or for whose benefit the liability is created;

“scheme” means a scheme made under section 1(2) or 12; and

“subsidiary” has the meaning given to it by section 1159 of the Companies Act 2006.

(2) References in this Schedule to a right or to an entitlement to a right include references to an entitlement to exercise a right; and, accordingly, references to a right's arising include references to its becoming exercisable.

SCHEDULE 3

Railway safety purposes

1

(1) Subject to sub-paragraph (4), in this Schedule “railway safety purposes” means so much of the general purposes of Part 1 of the 1974 Act (within the meaning of section 1 of that Act) as—

(a) relates to risks that are exclusively relevant to one or more of the purposes specified in sub-paragraph (2); or

(b) relates to so much of any risks that are primarily so relevant as arises in connection with anything mentioned in that sub-paragraph.

(2) The purposes mentioned in sub-paragraph (1) are—

(a) securing the proper construction and safe operation of transport systems falling within sub-paragraph (3);

(b) securing the proper construction and safe operation of locomotives, rolling stock or other vehicles used, or to be used, on such systems;

(c) protecting the public (whether or not they are passengers) from personal injury and other risks arising from the construction and operation of such systems;

(d) protecting persons at work from personal injury and other risks so arising.

(3) A transport system falls within this sub-paragraph if it is—

(a) a railway;

(b) a tramway; or

(d) a transport system using any other mode of guided transport other than a guided bus system.

but not to the extent that the transport system consists of or is operated for the purposes of fairground equipment.

(4) The Secretary of State may, by regulations, modify the definition of “railway safety purposes”.

(5) Before making any regulations under sub-paragraph (4), the Secretary of State must consult—

(a) the Office of Rail and Road;

(b) the Health and Safety Executive;

(ba) the Office for Nuclear Regulation; and

(6) Regulations under sub-paragraph (4) are subject to the negative resolution procedure.

(7) In this paragraph—

“bus” means a motor vehicle which is designed or adapted to travel along roads and to carry more than eight passengers but which is not a tramcar;

“fairground equipment” has the same meaning as in section 53 of the 1974 Act;

“guided bus system” means a system of transport, used wholly or mainly for the carriage of passengers, that employs buses which for some or all of the time when they are in operation—travel along roads; andare guided (whether while on the road or at other times) by means of—apparatus, a structure or other device which is fixed and not part of the bus; ora guidance system which is automatic;

“guided transport”, “railway”, “tramway”, ... and “vehicle” have the same meanings as in the Transport and Works Act 1992 (c. 42) except that, for this purpose, paragraph (b) of the definition of “railway” in section 67(1) of that Act (which includes a condition as to the minimum gauge of track) is to be disregarded; and

“person at work” has the same meaning as it for the time being has in Part 1 of the 1974 Act (see section 52 of that Act).

“road”—in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes; andin Scotland, has the same meaning as in the Roads (Scotland) Act 1984.

ORR’s principal railway safety functions

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(1) It shall be the general duty of the Office of Rail and Road—

(a) to do such things and make such arrangements as it considers appropriate for the railway safety purposes; and

(b) to assist and encourage persons concerned with matters relevant to any of those purposes to further those purposes.

(2) It shall be the duty of the Office of Rail and Road—

(a) to make such arrangements as it considers appropriate for the carrying out of research in connection with the railway safety purposes and for the publication of the results of such research; and

(b) to encourage research by others in that connection.

(3) It shall be the duty of the Office of Rail and Road—

(a) to make such arrangements as it considers appropriate for the provision of training and information in connection with the railway safety purposes;

(b) to encourage the provision by others of training and information in that connection; and

(i) are provided with an information and advisory service with respect to matters relevant to the railway safety purposes;

(ii) are kept informed about such matters; and

(iii) are adequately advised about them.

(4) Those persons are—

(a) government departments;

(b) employers;

(d) organisations representing employers and employees respectively; and

(e) other persons concerned with matters relevant to any of the railway safety purposes.

(5) It shall be the duty of the Office of Rail and Road from time to time to submit such proposals as it considers appropriate for the making of regulations for the railway safety purposes to the authorities having power to make regulations for those purposes under any of the relevant statutory provisions.

(6) Before submitting proposals under sub-paragraph (5), the Office of Rail and Road must—

(a) if the proposals relate to regulations that are relevant to the ONR's purposes (within the meaning of Part 3 of the Energy Act 2013), consult the Office for Nuclear Regulation;

(b) in any case, consult—

(i) such government departments, and

(ii) such other persons,

as it considers appropriate.

(7) Before—

(a) making regulations for the railway safety purposes independently of any proposals submitted under sub-paragraph (5), or

(b) making regulations which give effect to such proposals but with modifications,

the authority having the power to make the regulations must consult the Office of Rail and Road and, if the regulations are relevant to the ONR's purposes (within the meaning of Part 3 of the Energy Act 2013), the Office for Nuclear Regulation.

(8) In this paragraph “employer”, “employee” and “the relevant statutory provisions” have the same meanings as in Part 1 of the 1974 Act (see section 53(1) of that Act).

Removal of corresponding functions from HSC

3

(1) In section 11 of the 1974 Act (which confers functions on the HSC for general purposes that are equivalent to those conferred on the ORR for railway safety purposes by paragraph 2)—

(a) in subsection (1), for “subject to subsection (3)” substitute “ subject to subsections (2A) and (3) ”; and

(b) after subsection (2) insert the subsection set out in sub-paragraph (2).

(2) The subsection to be inserted is—

(2A) In subsections (1) and (2) above— (a) references to the general purposes of this Part do not include references to the railway safety purposes; and (b) the reference to a power to make regulations under the relevant statutory provisions does not include a reference to any power so far as it is exercisable for the railway safety purposes.

Reports and investigations

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(1) The Office of Rail and Road may authorise a person to investigate and make a special report on any accident, occurrence, situation or other matter of any sort which that Office thinks it necessary or expedient to investigate—

(a) for any of the railway safety purposes; or

(b) with a view to the making of regulations for any of those purposes.

(2) The Office of Rail and Road may cause—

(a) the contents of a special report made under this paragraph, or

(b) so much of them as it considers appropriate,

to be made public at such time, and in such manner, as it thinks fit.

(3) Where a person who is not a member, officer or employee of the Office of Rail and Road carries out an investigation and makes a special report under this paragraph, that Office may pay him such remuneration and expenses as the Secretary of State determines.

(4) The Office of Rail and Road may, to such extent as the Secretary of State may determine, defray the other costs (if any) of—

(a) an investigation under this paragraph; or

(b) the making of a special report following such an investigation.

(4A) The Office of Rail and Road must consult the Office for Nuclear Regulation before taking any step under sub-paragraph (1) in relation to a matter which appears to the Office of Rail and Road to be, or likely to be, relevant to the ONR's purposes (within the meaning of Part 3 of the Energy Act 2013).

(5) In section 14(1) of the 1974 Act (matters about which investigations etc. may be required or authorised by the HSC), for “it is” substitute—

(a) those general purposes shall be treated as not including the railway safety purposes; but (b) it is otherwise

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(1) This paragraph applies where, before the commencement of paragraph 4, the Health and Safety Commission directed or authorised a person to investigate and make a special report under section 14(2)(a) of the 1974 Act on any accident, occurrence, situation or other matter which the Commission thought it necessary or expedient to investigate—

(a) for any of the railway safety purposes; or

(b) with a view to the making of regulations for any of those purposes.

(2) For the purposes of the carrying out or continuation of an investigation and the making of a report after the commencement of paragraph 4, the direction or authorisation shall be treated as an authorisation by the Office of Rail and Road under paragraph 4.

(3) If —

(a) the person to whom the Health and Safety Commission gave the direction or authorisation has made a special report to the Commission, but

(b) the Commission has not yet caused the report, or a part of it, to be made public under section 14(5) of the 1974 Act,

the report shall be treated as if it had been made to the Office of Rail and Road under paragraph 4.

(4) If the person to whom the Health and Safety Commission gave the direction or authorisation has not yet made a special report to the Commission, the Office of Rail and Road may direct that person—

(a) to abandon the investigation without making a special report; or

(b) to continue the investigation in such manner as that Office may direct.

(5) Where the Health and Safety Commission agreed before the commencement of paragraph 4 to exercise its power by virtue of section 14(6)(a) or (c) of the 1974 Act to pay remuneration or expenses to any person in respect of the investigation and special report or to defray costs of the investigation and report—

(a) the Commission must pay amounts accruing in respect of the agreed matters before the commencement of paragraph 4; and

(b) the Office of Rail and Road must pay amounts so accruing after that time;

and paragraph (b) does not affect the power of that Office under that paragraph, in relation to times after the commencement of that paragraph, to make other payments of remuneration or expenses or to defray costs.

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(1) This paragraph applies where, before the commencement of paragraph 4, the Health and Safety Commission directed an inquiry to be held under section 14(2)(b) of the 1974 Act into any accident, occurrence, situation or other matter which the Commission thought it necessary or expedient to investigate—

(a) for any of the railway safety purposes; or

(b) with a view to the making of regulations for any of those purposes.

(2) Subject to sub-paragraph (3), section 14 of the 1974 Act shall continue to apply in relation to that inquiry after the commencement of paragraph 4 but as if all things done or required to be done by or in relation to the Health and Safety Commission under that section were done or required to be done by or in relation to the Office of Rail and Road.

(3) Where the Health and Safety Commission agreed before the commencement of paragraph 4 to exercise its power by virtue of section 14(6)(b) or (c) of the 1974 Act to pay remuneration or expenses to any person in respect of the inquiry or to defray costs of the inquiry—

(a) the Commission must pay amounts accruing in respect of the agreed matters before the commencement of paragraph 4; and

(b) the Office of Rail and Road must pay amounts so accruing after that time;

and paragraph (b) does not affect the power of that Office, in relation to times after the commencement of paragraph 4, to make other payments of remuneration or expenses under section 14(6)(b), or to defray costs under section 14(6)(c).

ORR acting as agent of government departments and other public authorities

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(1) Where the Secretary of State considers that any of his statutory or other functions can appropriately be carried out by the Office of Rail and Road in connection with the carrying out of its safety functions, he and that Office may enter into an agreement for that Office to carry out those functions on his behalf.

(2) Where the Secretary of State considers that any of the statutory or other functions of—

(a) a government department, or

(b) any other public authority,

can appropriately be carried out by the Office of Rail and Road in connection with the carrying out of its safety functions, he may authorise the Office and that department or authority to enter into an agreement for that Office to carry out those functions on behalf of that department or authority.

(3) An agreement under this paragraph—

(a) may include provision for payments to be made to the Office of Rail and Road for the carrying out of the functions that it is authorised or required to carry out under the agreement; but

(b) may not authorise or require the Office of Rail and Road to carry out any function consisting in a power to make regulations or other instruments of a legislative character.

(4) Sub-paragraph (3)(b) does not prevent the Secretary of State and the Office of Rail and Road from entering into an agreement for that Office to carry out on his behalf the function of making orders under section 1 of the Level Crossings Act 1983.

Government departments and other public authorities acting as agent of ORR

8

(1) Where the Office of Rail and Road considers that any of its safety functions can appropriately be carried out—

(a) by a government department, or

(b) by any other public authority,

that Office and the department or authority may enter into an agreement for the department or authority to carry out those functions on that Office's behalf.

(2) An agreement under this paragraph may include provision for payments to be made by the Office of Rail and Road to a government department or public authority for the carrying out of the functions that it is authorised or required to carry out under the agreement.

Restrictions on codes of practice by HSC

9

(1) In subsection (1) of section 16 of the 1974 Act (codes of practice with respect to the requirements of certain provisions), for “sections 2 to 7 or of health and safety regulations or of any of the existing statutory provisions” substitute “ any of the enactments or instruments mentioned in subsection (1A) below ”.

(2) After that subsection insert—

(1A) Those enactments and instruments are— (a) sections 2 to 7 above; (b) health and safety regulations, except so far as they make provision exclusively in relation to transport systems falling within paragraph 1(3) of Schedule 3 to the Railways Act 2005; and (c) the existing statutory provisions that are not such provisions by virtue of section 117(4) of the Railways Act 1993.

Co-operation with the HSC

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(1) It shall be the duty of the Office of Rail and Road and the Health and Safety Commission—

(a) as soon as practicable after the commencement of this paragraph, to enter into arrangements with each other for securing co-operation and the exchange of information in connection with the carrying out of safety functions;

(b) to maintain and from time to time to review those arrangements; and

(2) In sub-paragraph (1) “safety functions” means all the functions of ... the Health and Safety Executive and the safety functions of the Office of Rail and Road.

(3) In section 18(5)(b) of the 1974 Act (duty of enforcing authority to act in accordance with guidance of HSC), at the beginning insert “ except where that authority is the Office of Rail Regulation, ”.

Information powers corresponding to section 27 of the 1974 Act

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(1) The Office of Rail and Road may serve a notice under this paragraph on any person for the purpose of obtaining information which that Office needs for the carrying out of its safety functions.

(2) A notice under this paragraph is one requiring the person on whom it is served—

(a) to provide the Office of Rail and Road with information about such matters as may be specified in the notice; and

(b) to do so in the form and manner so specified.

(3) The consent of the Secretary of State is required for the service of a notice under this paragraph.

(4) The consents that may be given for the purposes of sub-paragraph (3) include a general consent relating to notices of a specified description.

(5) Nothing in the Statistics of Trade Act 1947 (c. 39) is to be construed as preventing or penalising the disclosure by a Minister of the Crown or government department to—

(a) the Office of Rail and Road,

(b) a member, officer or employee of that Office, or

of information falling within sub-paragraph (6) about an undertaking (within the meaning of that Act).

(6) Information about an undertaking falls within this sub-paragraph if it consists of—

(a) the names and addresses of the persons carrying on the undertaking;

(b) the nature of the undertaking's activities;

(d) the addresses or places where activities of the undertaking are or were carried on;

(e) the nature of the activities carried on there; or

(f) the number of persons of different descriptions who work or worked in the undertaking there.

(7) A person to whom a disclosure that is authorised by sub-paragraph (5) is made must not use the information except for the purposes of the safety functions of the Office of Rail and Road.

(8) It is an offence for a person—

(a) to contravene a requirement imposed by a notice under this paragraph; or

(b) to use information in contravention of sub-paragraph (7).

(9) A person guilty of an offence under sub-paragraph (8) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment—

(i) in the case of an offence of contravening a notice, to a fine; and

(ii) in the case of an offence of using information in contravention of sub-paragraph (7), to imprisonment for a term not exceeding two years or to a fine, or to both.

(10) Section 52 of the 1974 Act (meaning of “work” and related expressions) applies for the purposes of this paragraph as it applies for the purposes of Part 1 of that Act.

Railway safety levy

12

(1) Section 43A of the 1974 Act (railway safety levy) is amended as follows.

(2) In subsection (2) (expenses in respect of which levy raised), for paragraphs (a) and (b) substitute—

(a) in respect of activities undertaken by the Office of Rail Regulation under or by virtue of this Act or Schedule 3 to the Railways Act 2005; or (b) in respect of activities in relation to a transport system falling within paragraph 1(3) of that Schedule that are undertaken by that Office under or by virtue of any other enactment.

(3) In subsections (5) and (6), for “Commission or the Executive” substitute “ Office of Rail Regulation ”.

(4) In subsection (9), for “to which section 117 of the Railways Act 1993 applies” substitute “ falling within paragraph 1(3) of Schedule 3 to the Railways Act 2005 ”.

Removal of requirement of consultation with HSC for railway safety regulations

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In section 50 of the 1974 Act (consultation with HSC), after subsection (1) insert—

(1A) Subsection (1) does not apply to the exercise of a power to make regulations so far as it is exercised— (a) for giving effect (with or without modifications) to proposals submitted by the Office of Rail Regulation under paragraph 2(5) of Schedule 3 to the Railways Act 2005; or (b) otherwise for or in connection with the railway safety purposes.

Regulatory Reform Act 2001

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

Interpretation

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(1) In this Schedule—

“the 1974 Act” means the Health and Safety at Work etc. Act 1974 (c. 37); and

“railway safety purposes” has the meaning given by paragraph 1.

(2) In this Schedule a reference to the safety functions of the Office of Rail and Road is a reference to—

(a) its functions under this Schedule;

(b) its functions under the 1974 Act; and

(3) In section 53(1) of the 1974 Act (interpretation of Part 1), after the definition of “prohibition notice” insert—

“railway safety purposes” has the same meaning as in Schedule 3 to the Railways Act 2005;

SCHEDULE 4

Introductory

1

Schedule 4A to the 1993 Act (review of access charges by ORR) is amended as follows.

Conduct of access charges reviews

2

For paragraph 1 (meaning of access charges review) substitute—

(1) This Schedule applies where an access agreement provides, or is treated as providing, for the Office of Rail Regulation to undertake reviews of the terms of that agreement as to— (a) the amounts payable under the agreement by one of the parties to the other; and (b) the times at which, and the manner in which, those amounts are payable. (1A) (1) Where the Office of Rail Regulation undertakes such a review, it must, at the same time, review the conditions of every linked licence both— (a) in relation to the matters mentioned in paragraph 1(a) and (b); and (b) in relation to the matters about which that Office is provided with information under paragraph 1D. (2) A review by that Office of both— (a) the terms of an access agreement as to the matters mentioned in paragraph 1(a) and (b), and (b) the conditions of a linked licence, is referred to in this Schedule as an access charges review. (3) An access charges review must include a consideration of— (a) the time at which the next access charges review is to be undertaken in relation to both the access agreement in question and every linked licence; and (b) the circumstances in which it would be appropriate to undertake such a review before that time. (4) In this Schedule “linked licence”, in relation to an access agreement, means a licence of which the holder is— (a) the facility owner, or installation owner, who is a party to the agreement; or (b) a person other than that owner who has an estate or interest in the railway facility or network installation to which the agreement relates or who has a right over it. (1B) Where— (a) the Secretary of State or the Scottish Ministers suggest to the Office of Rail Regulation that an access charges review should be carried out in any case, but (b) that Office decides not to carry out the suggested review, that Office must provide the Secretary of State or Scottish Ministers with its reasons for that decision. (1C) (1) Before beginning an access charges review, the Office of Rail Regulation must give notice of its proposal to undertake the review to each of the following— (a) the Secretary of State; (b) the Scottish Ministers; (c) the Treasury; (d) the parties to the access agreement in question; and (e) such other persons as that Office considers appropriate. (2) No notice is required to be given under sub-paragraph (1) to the Secretary of State or the Scottish Ministers— (a) in the case of the Secretary of State, if the facility or installation to which the relevant agreement relates is situated wholly in Scotland; or (b) in the case of the Scottish Ministers, if the facility or installation to which the relevant agreement relates is situated wholly in England and Wales. (3) A notice under this paragraph must set out— (a) the period to which the Office of Rail Regulation expects the review to relate (“the review period”); (b) the date by which the Secretary of State, the Scottish Ministers or (as the case may be) each of them needs to provide the information that has to be provided under paragraph 1D; and (c) any conditions which that Office requires to be satisfied in the period ending with that date if it is to proceed with the review. (4) The period set out under sub-paragraph (3)(a) must be the one which— (a) begins with the time as from which the Office of Rail Regulation expects that any changes resulting from the review would fall to be implemented; and (b) ends with the time as from which it thinks it likely (in the absence of special circumstances making an earlier review appropriate) that any changes resulting from the next access charges review in relation to the same agreement and licence would fall to be implemented. (5) The date set out under sub-paragraph (3)(b) must be not less than the following period after the date of the notice— (a) in a case which the Office of Rail Regulation is satisfied is a case of urgency, four weeks; and (b) in any other case, three months. (6) Before setting out a date under sub-paragraph (3)(b) that is less than three months after the date of the notice, the Office of Rail Regulation must consult each of the persons to whom the notice is to be given. (1D) (1) Where a notice under paragraph 1C is given to the Secretary of State, he must provide the Office of Rail Regulation with— (a) information about what he wants to be achieved by railway activities in Great Britain as a whole during the review period; and (b) such information as it is reasonable for him to provide about the public financial resources that are or are likely to become available to be applied during the review period for purposes that contribute (directly or indirectly) towards the achievement of what he wants. (2) Where a notice under paragraph 1C is given to the Scottish Ministers (whether instead of or as well as to the Secretary of State), they must provide the Office of Rail Regulation with— (a) information about what they want to be achieved by Scottish railway activities during the review period; and (b) such information as it is reasonable for them to provide about the public financial resources that are or are likely to become available to be applied during that period for purposes that contribute (directly or indirectly) towards the achievement of what they want. (3) The information that may be provided as falling within sub-paragraph (1)(a) or (2)(a) includes objectives and standards to be achieved in the course of carrying on railway activities. (4) Those objectives and standards may include, in particular, objectives and standards with respect to any of the following matters— (a) the capacity (in terms of types and numbers of trains) of networks; (b) the frequency of railway passenger services; (c) journey times; (d) reliability of railway services (both in terms of punctuality and otherwise); (e) the taking of measures to prevent or mitigate overcrowding; (f) levels and types of fares; (g) the quality of information provided to passengers; (h) the accessibility of railway services to people with disabilities; (i) the carrying out of major projects to improve railway services; (j) the protection of persons from dangers arising from the operation of railways. (5) In a case where information is also required to be provided by the Scottish Ministers, the information that is required to be provided by the Secretary of State does not include— (a) any information about what he wants to be achieved by Scottish railway activities not relating to cross-border services; or (b) information about any public financial resources so far as they appear to him to be available, or to be likely to become available, to be applied for purposes relating only to such activities. (6) An obligation of the Secretary of State or the Scottish Ministers to provide information under this paragraph— (a) must be discharged before the date set out in the notice given under paragraph 1C or, if a later date is fixed under sub-paragraph (7), by that later date; but (b) may be discharged by a notification that refers that Office to information previously provided under this paragraph. (7) The Office of Rail Regulation may at any time, by notice to each of the persons to whom the notice under paragraph 1C was given, fix a later date for the provision of information under this paragraph. (8) Neither— (a) the Secretary of State, nor (b) the Scottish Ministers, are required to provide information for the purposes of a review at any time after a decision has been made by the Office of Rail Regulation not to proceed with the review because of an actual or expected failure of the conditions set out under paragraph 1C(3)(c) to be satisfied. (9) In this paragraph “railway activities” means activities consisting in, or involving, any of the following— (a) providing railway services; (b) making available railway facilities; (c) making use of such facilities; (d) using railway assets; (e) allowing others to use such assets. (10) In this paragraph “Scottish railway activities” means activities which are railway activities by reference only to— (a) railway services which begin and end in Scotland; (b) railway services in relation to which financial assistance is provided by the Scottish Ministers and which (without falling within paragraph (a)) begin or end in Scotland; (c) railway facilities that are situated in Scotland; or (d) railway assets so situated. (11) In this paragraph “public financial resources” means any of the following— (a) money charged on and payable out of the Consolidated Fund; (b) money provided by Parliament; (c) money payable out of the Scottish Consolidated Fund. (1E) Where the Secretary of State or the Scottish Ministers provide the Office of Rail Regulation with information under paragraph 1D, he or they may also, at the same time, make a suggestion to that Office setting out his or their opinion about— (a) when the next access charges review should be undertaken in relation to both the access agreement in question and every linked licence; and (b) the circumstances in which it would be appropriate to undertake such a review before that time. (1F) (1) If, at any time in the course of an access charges review, it appears to the Office of Rail Regulation that— (a) the information that has been provided to it by the Secretary of State or the Scottish Ministers under paragraph 1D, or (b) the information, taking it all together, that has been so provided by the Secretary of State and the Scottish Ministers, shows that the public financial resources that are or are likely to become available will be inadequate to secure the achievement of what he or they, or both of them, want to be achieved, that Office must so notify the Secretary of State or the Scottish Ministers or (as the case may be) each of them. (2) The Office of Rail Regulation must send a copy of every notification under sub-paragraph (1) to the Treasury. (3) On being notified under sub-paragraph (1), the Secretary of State or the Scottish Ministers or (as the case may be) each of them— (a) may revise any information provided to the Office of Rail Regulation, together with any suggestion made under paragraph 1E; and (b) if the information or such a suggestion is revised, must notify the revisions to that Office. (4) Any notification under sub-paragraph (3) must be given within whatever period is specified by the Office of Rail Regulation when notifying the Secretary of State or Scottish Ministers in accordance with sub-paragraph (1). (5) Where the Office of Rail Regulation has already given a notification under this paragraph with respect to any information, it is required to give a further notification under this paragraph with respect to that information, or any revision of it, only if— (a) a revision has been made in response to its previous notification; and (b) it has not previously given a notification in respect of an earlier revision of the information. (1G) (1) If, at any time in the course of an access charges review, it appears to the Office of Rail Regulation that it is likely that the implementation of the review will adversely affect the interests of persons providing railway passenger services or of persons providing services for the carriage of goods by railway, that Office must so notify— (a) the Secretary of State, in the case of a review notice of which was given to him under paragraph 1C; and (b) the Scottish Ministers, in the case of a review notice of which was given to them under that paragraph. (2) Where the Office of Rail Regulation gives a notification under sub-paragraph (1) in respect of a review relating to an access agreement to which a facility owner is a party, the notification must include— (a) its assessment of the measures that the facility owner is likely to be required to take, as a consequence of the implementation of the review, in order to meet obligations of his arising under the access agreement in question or under any other access agreement to which he is a party; and (b) its estimate of the cost to the facility owner of taking those measures. (3) On being notified under sub-paragraph (1), the Secretary of State or the Scottish Ministers or (as the case may be) each of them— (a) may revise any information provided under paragraph 1D to the Office of Rail Regulation, together with any suggestion made under paragraph 1E; and (b) if the information or such a suggestion is revised, must notify the revisions to that Office. (4) Any notification under sub-paragraph (3) must be given within whatever period is specified by the Office of Rail Regulation when notifying the Secretary of State or the Scottish Ministers in accordance with sub-paragraph (1). (5) Where the Office of Rail Regulation has already given a notification under this paragraph, it is required to give a further notification under this paragraph only if— (a) information provided to it has been revised in response to its notification; and (b) it has not previously given a notification in respect of an earlier revision of that information. (1H) (1) The Office of Rail Regulation must conduct an access charges review in the manner that it considers is most likely to secure that the implementation of the review will make the best and most practicable contribution to the achievement of— (a) what the Secretary of State wants to be achieved by railway activities in Great Britain as a whole; and (b) what the Scottish Ministers want to be achieved by Scottish railway activities. (2) Where in the case of an access charges review the Office of Rail Regulation considers (notwithstanding any notification or revision under paragraph 1F or 1G) that the public financial resources that are or are likely to become available will be inadequate to secure the achievement of, as the case may be— (a) everything that the Secretary of State wants to be achieved, (b) everything that the Scottish Ministers want to be achieved, or (c) everything that both the Secretary of State and the Scottish Ministers want to be achieved, it is to be for that Office to determine, for the purposes of the review, how much of what is wanted should be achieved using (but only for the purposes for which they may be applied) all the public financial resources that it considers are or are likely to be available. (3) In conducting an access charges review the Office of Rail Regulation must have regard to the consequences of compliance by a facility owner who is a party to the access agreement in question with any terms— (a) of that agreement, or (b) of any other access agreement to which that facility owner is a party, that it considers are relevant to a matter notified under paragraph 1G (including, in particular, a term requiring the facility owner to pay compensation or to take mitigatory measures). (4) In considering the matters mentioned in paragraph 1A(3), the Office of Rail Regulation must have regard to any suggestion made under paragraph 1E, and to any revision of that suggestion. (5) For the purposes of this paragraph— (a) expressions used in this paragraph and in paragraph 1D have the same meanings in this paragraph as in that; (b) what the Secretary of State or the Scottish Ministers want must be determined in every case in accordance with the information provided in that case under paragraph 1D, and with any revisions notified under paragraph 1F(3)(b) or 1G(3)(b); and (c) the Office of Rail Regulation must have regard to the financial information so provided and revised whenever considering what is likely to make the best and most practicable contribution to the achievement of what the Secretary of State or the Scottish Ministers want.

Repeal of paragraph 3

3

Paragraph 3 (which provides for consideration of when the next review should be undertaken) shall cease to have effect.

Implementation notice

4

(1) In paragraph 4 (review notice), after sub-paragraph (2) insert—

(2A) Before giving a review notice specifying modifications of a linked licence that are proposed for purposes connected with securing— (a) what the Secretary of State has informed the Office of Rail Regulation he wants to be achieved by any railway activities, or (b) what the Scottish Ministers have informed that Office they want to be achieved by any such activities, that Office must consult the Secretary of State or (as the case may be) those Ministers.

(2) In sub-paragraph (4) of that paragraph, before paragraph (a) insert—

(za) if the Secretary of State was given notice of the review under paragraph 1C, the Secretary of State; (zb) if the Scottish Ministers were given notice of the review under that paragraph, those Ministers; (zc) the Treasury;

Termination notice

5

In paragraph 6(3) (service of termination notice), before paragraph (a) insert—

(za) if the Secretary of State was given notice of the review under paragraph 1C, the Secretary of State; (zb) if the Scottish Ministers were given notice of the review under that paragraph, those Ministers;

New review notice following objections

6

In paragraph 8 (new review notices and references to Competition Competition), after sub-paragraph (4) insert—

(4A) Paragraph 1H applies to the making of any determination by the Office of Rail Regulation of what should be included in a new review notice to be given under this paragraph as it applies to the conduct of an access charges review.

Information to be provided to Competition Commission in connection with reference

7

(1) In paragraph 9 (reference to Competition Commission), after sub-paragraph (6) insert—

(6A) A reference to the Competition Commission under this paragraph must be accompanied by— (a) any information which in the case in question was provided to the Office of Rail Regulation by the Secretary of State or the Scottish Ministers under paragraph 1D; (b) any information to which he or they referred in discharging the obligation imposed by that paragraph; (c) any suggestion which in that case was made under paragraph 1E; and (d) any revision of anything falling within paragraph (a) to (c) which has been notified to that Office under paragraph 1F or 1G.

(2) In sub-paragraph (7) of that paragraph, after the words “Competition Commission”, in the second place where they occur, insert “ (in addition to the information and revisions mentioned in sub-paragraph (6A)) ”.

(3) In sub-paragraph (8) of that paragraph, for “sub-paragraph” substitute “ sub-paragraphs (6A) and ”.

(4) In sub-paragraph (9) of that paragraph (matters to be taken into account in assessing public interest), at the end insert “ and to the information, suggestions and revisions mentioned in sub-paragraph (6A) ”.

Noticed of proposed relevant changes following Competition Commission report

8

(1) In paragraph 12 (changes following report), after sub-paragraph (4) insert—

(4A) Where (after considering any representations and objections which are duly made and not withdrawn) the Office of Rail Regulation proposes to make relevant changes under this paragraph, it must give a notice to the relevant authorities which— (a) sets out everything that would have to be included in a notice under sub-paragraph (5) with respect to the proposed changes; (b) specifies a period within which the Secretary of State, the Scottish Ministers or each of them has the opportunity of revising, in the light of those proposals, any information provided under paragraph 1D. (4B) If in consequence of any revision of that information that is notified to the Office of Rail Regulation within the period specified in that notice, that Office decides to modify its proposals, it must— (a) give a new notice with respect to the modified proposals under sub-paragraph (3); and (b) comply again with sub-paragraph (4A) and this sub-paragraph before giving notice of the modified proposals to the Competition Commission. (4C) The relevant authorities for the purposes of sub-paragraph (4A) are each of the following— (a) where the Secretary of State was given notice of the review under paragraph 1C, the Secretary of State; (b) where the Scottish Ministers were given notice of the review under that paragraph, those Ministers; and (c) in each of those cases, the Treasury.

(2) In sub-paragraph (5) of that paragraph, after “withdrawn” insert “ and any revisions of information provided under paragraph 1D that were notified within the period specified under sub-paragraph (4A) ”.

(3) After that sub-paragraph insert—

(5A) A notice must not be given under sub-paragraph (5) before the end of the period specified in the most recent notice given in the case in question under sub-paragraph (4A) as the period during which the Secretary of State, the Scottish Ministers or each of them has the opportunity of revising information provided under paragraph 1D.

(4) In sub-paragraph (6) of that paragraph (information to accompany notice sent to Competition Commission), at the end insert “ and a copy of any revisions of information provided under paragraph 1D that have been notified within the period specified in the notice under sub-paragraph (4A) ”.

(5) In sub-paragraph (10) of that paragraph, for the words from “to the Authority” onwards substitute—

(a) where the Secretary of State was given notice of the review under paragraph 1C, to the Secretary of State; and (b) where the Scottish Ministers were given notice of the review under that paragraph, to those Ministers.

Notice of decisions by Competition Commission

9

For the last sub-paragraph of paragraph 14 (notice of relevant changes made by Competition Commission) substitute—

(6) As soon as practicable after making relevant changes under this paragraph, the Competition Commission must send a copy of those relevant changes— (a) where the Secretary of State was given notice of the review under paragraph 1C, to the Secretary of State; (b) where the Scottish Ministers were given notice of the review under that paragraph, to those Ministers; and (c) in each of those cases, to the Office of Rail Regulation.

Information to be provided to Competition Commission with proposal for relevant changes

10

(1) In sub-paragraph (3) of paragraph 15 (information to be provided to Competition Commission for purpose of their functions under paragraphs 13 and 14), after the words “Competition Commission”, in the second place where they occur, insert “ (in addition to the information provided in accordance with paragraph 12(5) and (6)) ”.

(2) In sub-paragraph (4) of that paragraph, for “any information” substitute—

(a) every revision of which they have been given notice under paragraph 12(6) of information provided under paragraph 1D; and (b) all information

Commencement of Schedule

11

(1) Subject to sub-paragraph (2), this Schedule does not apply in relation to any review in relation to which the Office of Rail Regulation has given a review notice under paragraph 4 of Schedule 4A to the 1993 Act before the commencement of this Schedule.

(2) Where—

(a) the Office of Rail Regulation gave a review notice before the commencement of this Schedule in any case, and

(b) that Office, following the making of objections in that case (whether before or after that commencement), is considering whether to give a new review notice under paragraph 8 of Schedule 4A to the 1993 Act or to make a reference to the Competition Commission under paragraph 9 of that Schedule,

that Office, according to what it thinks fit, may either undertake a new access charges review in accordance with that Schedule as amended by this Schedule or proceed immediately to issue the new review notice or to make the reference to that Commission.

SCHEDULE 5

Part 1 — Introductory

1

In this Schedule—

“accounting records” includes all books, papers and other records of the PC relating to—the accounts which it is required to keep; ormatters dealt with in those accounts;

“financial year” means—the period beginning with the establishment of the PC and ending with the following 31st March; ora subsequent period of twelve months ending with 31st March;

“member” means the chairman or another member of the PC;

“the PC” means the Passengers’ Council established by section 19(1).

Part 2 — Members and staff

Remuneration etc. of members

2

(1) The PC must pay to every member, other than the one appointed by the London Assembly, the remuneration and allowances that are provided for by the terms and conditions of his appointment.

(2) The London Transport Users' Committee must pay to the member appointed by the London Assembly the remuneration and allowances that are provided for by the terms and conditions of his appointment.

(3) The PC must pay, or make provision for paying, to or in respect of every member, other than the member appointed by the London Assembly, such sums by way of pensions or allowances as are payable in accordance with his terms and conditions of appointment.

(4) The London Transport Users' Committee must pay, or make provision for paying, to or in respect of the member appointed by the London Assembly such sums by way of pensions or allowances as are payable in accordance with his terms and conditions of appointment.

(5) If—

(a) a person ceases to be a member of the PC, and

(b) it appears to the Secretary of State that there are special circumstances that make it right for the person to receive compensation,

the PC must make a payment to that person of such amount as the Secretary of State determines.

Staff

3

The PC may employ such persons, on such terms and conditions (including terms and conditions as to remuneration), as it may determine.

4

(1) The PC may—

(a) pay such pensions, allowances or gratuities as it may determine to or in respect of persons who are or have been employees of the PC;

(b) make such payments as it may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of such persons; or

(c) provide and maintain such schemes (whether contributory or not) as it may determine for the payment of pensions, allowance or gratuities to or in respect of such persons.

(2) The pensions, allowances or gratuities referred to in sub-paragraph (1) include pensions, allowances or gratuities by way of compensation in respect of loss of employment or loss or diminution of emoluments.

5

(1) The persons to whom section 1 of the Superannuation Act 1972 (c. 11) applies shall include employees of the PC.

(2) If an employee of the PC —

(a) is a participant in a scheme under section 1 of the Superannuation Act 1972 by reference to his employment by the PC, and

(b) becomes a member of the PC,

the Minister for the Civil Service may determine that his service as a member of the PC is to be treated for the purposes of the scheme as service as an employee of the PC.

(3) The PC must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) or (2) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

(4) The Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit, delegate to the PC the function of administering a scheme under section 1 of the Superannuation Act 1972, so far as relating to employees of the PC.

(5) If he does so, the PC may authorise the carrying out of that function, to such extent and subject to such conditions as it may determine, by—

(a) a person nominated by it; or

(b) the employees of a person so nominated.

(6) Acts or omissions by or in relation to—

(a) a person nominated for the purposes of sub-paragraph (5), or

(b) an employee of a person so nominated,

must be treated for all purposes, so far as they are acts or omissions in or in connection with what he is authorised to carry out, as acts or omissions by or in relation to the PC.

(7) Sub-paragraph (6) does not apply for the purposes of—

(a) criminal proceedings against the nominated person (or an employee of his); or

(b) a contract between him and the PC so far as relating to the function.

Part 3 — Finance

Government grants

6

(1) The Secretary of State may make grants to the PC of such amounts as he may determine.

(2) The terms of the grants shall be such as the Secretary of State may determine.

Direction requiring payment to the Secretary of State

7

(1) The Secretary of State may give a direction to the PC requiring it to pay him a sum specified in the direction.

(2) Before giving a direction under sub-paragraph (1), the Secretary of State must consult—

(a) the Treasury; and

(b) the PC.

Accounts and audit

8

(1) The PC must—

(a) keep proper accounts and proper accounting records; and

(b) in respect of each financial year, prepare a statement of its accounts.

(2) Every statement of accounts prepared under sub-paragraph (1)(b) must—

(a) give a true and fair view of the PC's income and expenditure for the financial year in question and its state of affairs; and

(b) comply with every requirement which the Secretary of State has notified to the PC.

(3) The requirements notified under sub-paragraph (2)(b) may include, in particular, requirements relating to—

(a) the information to be contained in the statement;

(b) the manner in which that information is to be presented; and

9

(1) The statement of accounts and other accounts of the PC relating to each financial year must be audited by the Comptroller and Auditor General.

(2) The Comptroller and Auditor General must send the PC a copy of his report on the accounts audited under sub-paragraph (1).

(3) The PC must send the Secretary of State—

(a) a copy of the accounts audited under sub-paragraph (1); and

(b) the report of the Comptroller and Auditor General.

(4) The Secretary of State must lay a copy of the documents sent to him under sub-paragraph (3) before Parliament.

Part 4 — Financial framework and information

Financial framework

10

(1) The Secretary of State—

(a) must prepare, and

(b) may from time to time revise,

a document to be known as the PC's “financial framework”.

(2) The financial framework must specify rules and principles according to which the PC is to exercise and perform its powers and duties in relation to—

(a) financial matters; and

(b) matters relating to its employees.

(3) The PC must not carry out any of its functions in a manner which is inconsistent with its financial framework.

(4) The fact that a transaction entered into by the PC constitutes, or involves, a contravention of sub-paragraph (3) does not invalidate the transaction.

(5) Sub-paragraph (4) applies whether or not a person who entered into the transaction with the PC inquired whether the transaction constituted or involved a contravention of sub-paragraph (3).

Annual reports

11

(1) As soon as practicable after the end of each financial year, the PC must make a report on its activities during that year.

(2) In preparing its annual report the PC must have regard to the desirability of excluding from the report, so far as practicable—

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

(b) matters relating specifically to the affairs of a particular body of persons (whether corporate or unincorporate) which, in the opinion of the PC, are matters the publication of which would or might seriously and prejudicially affect the interests of that body.

(3) The PC must send a copy of every annual report under this paragraph to each of the following—

(a) the Secretary of State;

(b) the Scottish Ministers; and

(4) The PC may also arrange for a copy of its annual report for a financial year to be published in such manner as it considers appropriate.

(5) The Secretary of State must lay before Parliament a copy of every annual report a copy of which has been sent to him under this paragraph.

(6) The Scottish Ministers must lay before the Scottish Parliament a copy of every annual report a copy of which has been sent to them under this paragraph.

Information

12

The PC must give the Secretary of State information, advice and assistance about any matter in respect of which it has any functions if—

(a) the PC considers it appropriate to do so; or

(b) the Secretary of State asks the PC to do so in connection with the carrying out of any function of his.

Part 5 — Status and supplementary powers

Status

13

(1) The PC is not to be treated—

(a) as the servant or agent of the Crown; or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The property of the PC is not to be regarded as property of the Crown or as held on behalf of the Crown.

Supplementary powers

14

(1) The PC may do anything that appears to it to be likely to facilitate the carrying out of its functions, or to be conducive or incidental to the carrying out of those functions.

(2) The PC may make charges for services or facilities that it provides or makes available at a person's request and otherwise than in performance of a duty to do so.

Part 6 — Procedure

Regulation of procedure

15

(1) Subject to this paragraph and paragraph 16, the PC may regulate its own procedure.

(2) Sub-paragraph (1) includes power to make provision about quorums.

(3) The PC must meet when convened by the chairman.

(4) The chairman may convene a meeting of the PC whenever he thinks fit.

(5) The chairman must—

(a) convene meetings of the PC so that it meets at least twice a year; and

(b) convene a meeting whenever three members of the PC require him to do so.

(6) The PC must secure—

(a) that minutes are kept of the proceedings at every meeting of the PC; and

(b) that copies of those minutes are sent to the Secretary of State.

(7) The validity of proceedings of the PC is not to be affected by—

(a) a vacancy in its membership; or

(b) a defect in the appointment of a member.

Admission of the public to meetings

16

(1) Meetings of the PC must be open to the public; but the public must be excluded during any item of business that is confidential for the purposes of this paragraph.

(2) An item of business is confidential for the purposes of this paragraph where, if members of the public were to be present during that item, it is likely that information furnished in confidence to the PC by—

(a) the Office of Rail and Road, ...

(b) the Secretary of State, or

would be disclosed in breach of the obligation of confidence.

(3) An item of business is confidential for the purposes of this paragraph where the PC has resolved that—

(a) because of the confidential nature of the item, or

(b) for other special reasons stated in the resolution,

it is desirable in the public interest that the public be excluded during that item.

(4) An item of business is confidential for the purposes of this paragraph where, if members of the public were to be present during that item, it is likely that—

(a) there would be disclosed to them a matter relating to the affairs of an individual or relating specifically to the affairs of a particular body (whether corporate or unincorporate); and

(b) public disclosure of the matter would or might, in the opinion of the PC, seriously and prejudicially affect the interests of that individual or body.

(5) An item of business is confidential for the purposes of this paragraph where the circumstances—

(a) are specified for the purposes of this sub-paragraph in an order made by the Secretary of State; or

(b) are determined to be confidential for those purposes in accordance with an order so made.

(6) An order under sub-paragraph (5) is subject to the negative resolution procedure.

17

The PC must give such notice—

(a) of any meeting of the PC which is open to the public, and

(b) of the business to be taken at that meeting (other than items during which the public is to be excluded),

as it considers appropriate for the purpose of bringing the meeting to the attention of interested members of the public.

Local committees

18

(1) If the Secretary of State so directs, the PC must establish committees to advise it in relation to the carrying out of any or all of its functions in relation to particular areas.

(2) The members of a committee established under this paragraph are to be appointed by the PC.

(3) The PC may appoint such persons as it thinks fit and the membership of the committee may consist of or include persons who are not themselves members of the PC.

(4) The PC may regulate the procedure of a committee established under this paragraph.

(5) The PC may reimburse a member of a committee established under this paragraph who is not a member of the PC —

(a) for travelling expenses;

(b) for other out-of-pocket expenses not relating to loss of remuneration.

Execution of documents

19

(1) The application of the seal of the PC shall be authenticated by the signature of a member or employee of the PC whom it has authorised for the purpose (whether generally or specifically).

(2) Any document which the PC is authorised or required by or under any enactment to serve, make or issue may be signed on its behalf by a member or employee whom it has authorised for the purpose (whether generally or specifically).

(3) Every document purporting—

(a) to be an instrument made or issued by or on behalf of the PC, and

(b) to be duly executed under the seal of the PC, or to be duly signed or executed by a person authorised by the PC for the purpose,

shall be received in evidence and, unless the contrary is shown, treated without further proof as so made or issued.

(4) In this paragraph the reference to a signature includes a reference to a facsimile of a signature produced by any process and “signed” is to be construed accordingly.

(5) In this paragraph “enactment” includes an enactment comprised in an Act of the Scottish Parliament.

SCHEDULE 6

Members of LTUC to represent users of services in London railway area

1

In section 247(3)(b) of the Greater London Authority Act 1999 (c. 29) (members of LTUC appointed to represent railway users in particular area), for the words from “area for which” onwards substitute “ area for which the Committee fell, immediately before the repeal of section 2 of the Railways Act 1993 (Rail Passengers' Committees), to be treated as the Rail Passengers' Committee for the purposes specified in subsection (4) of that section ”.

General duty of LTUC to keep railway matters under review

2

Before section 253 of that Act insert—

(252A) (1) It shall be the duty of the Committee, so far as it appears to it expedient from time to time to do so— (a) to keep under review matters affecting the interests of the public in relation to railway passenger services provided wholly or partly within the London railway area; (b) to keep under review matters affecting the provision of station services within that area; (c) to make representations to, and to consult, such persons as it thinks appropriate about the matters mentioned in paragraphs (a) and (b); and (d) to co-operate with other bodies representing the interests of users of public passenger transport services provided wholly or partly within that area. (2) In this section— (a) references to the London railway area are references to the area for which the Committee fell, immediately before the repeal of section 2 of the Railways Act 1993 (Rail Passengers' Committees), to be treated as the Rail Passengers' Committee for the purposes specified in subsection (4) of that section; (b) references to railway passenger services include references to bus substitution services; and (c) subject to that, 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.

Duty of LTUC to investigate matters

3

In that Act, after the section 252A inserted by paragraph 2 of this Schedule, insert—

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