UKPGA-2005-14 Railways Act 2005 UK

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

The Secretary of State may make a scheme for the transfer of property, rights and liabilities from—to a person specified in subsection (3) or to two or more of those persons.

Those persons are—

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

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

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

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

The Secretary of State may by order make such modifications of any provision of—as appear to him to be necessary or expedient in consequence of the provisions of this section or of any scheme made under this section.

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

Where, after consulting the Strategic Rail Authority, the Secretary of State is satisfied—the Secretary of State may by order provide for it to cease to exist.

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

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

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

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

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

After that subsection insert—

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

In subsection (5) (supplementary duties)—

After that subsection insert—

For subsection (7ZA) substitute—

In subsection (9)—

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

The Scottish Ministers may from time to time revise that strategy.

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

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

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

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

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

In exercising his powers under this section—the Secretary of State must have regard to the desirability of acting consistently with anything notified to him under section 9 or 11.

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

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

In this section “railway” has its wider meaning.

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

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

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

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

In this section—

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

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

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

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

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

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

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

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

In this section—

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

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

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

In this section—

Before—the Secretary of State must consult the Welsh Ministers.

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

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

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

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

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

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

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

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

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

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

In this section—

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

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

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

In this section—

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

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

Those persons are—

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

On the day on which a scheme made under this section comes into force—such sums as may be specified in, or determined in accordance with, the franchise agreement.

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

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

In this section—

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

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

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

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

A Passenger Transport Executive for an integrated transport area in England may not enter into an agreement (whether by virtue of subsection (4) or otherwise)—unless the agreement is approved by the Secretary of State.

The Secretary of State may—

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

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

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

The following provisions shall cease to have effect—

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

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

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

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

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

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

After that subsection insert—

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

After that subsection insert—

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

After that subsection insert—

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

Transport for London may not enter into an agreement—unless the agreement is approved by the Secretary of State.

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

The Secretary of State may—

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

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

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

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

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

After sub-paragraph (2) insert—

After sub-paragraph (3) insert—

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

After sub-paragraph (7) insert—

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

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

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

In that section, at the end, insert—

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

That Council shall consist of—

The chairman and other members of that Council—

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

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

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

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

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

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

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

The Secretary of State may by order make provision conferring functions on the Passengers’ Council relating to—

The power conferred by subsection (1) includes power to amend any enactment (including this Act) for the purposes of making such provision.

An order under this section may make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, such an order, or for giving full effect to such an order.

The provision which may be included by virtue of subsection (3) in an order includes—

In a case where an order under this section confers on the Passengers’ Council power to make recommendations or representations to a body or person, the provision which may be included by virtue of subsection (3) in the order also includes provision conferring on the body or person functions in respect of such recommendations or representations.

An order under this section may confer a function on a body or person by virtue of subsection (5) only if the new function relates to—

Nothing in this section provides power to alter the functions of the Passengers’ Council so far as relating to the provision of railway passenger services or station services.

An order under this section is subject to the affirmative resolution procedure.

In this section—“domestic coach service” means a bus service which—carries passengers at separate fares, and is not a local service;“enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);“local service” has the meaning given by section 2 of the Transport Act 1985;“passenger transport facilities” means facilities for services of a kind mentioned in paragraphs (a) to (c) of subsection (1);“prescribed” means prescribed by order made by the Secretary of State;“tramway passenger service” means any service for the carriage of passengers by tramway.

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

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

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

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

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

This section applies where—

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

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

The particulars set out in the notice must include, in particular—and the proposal date must be a date not less than three months after the date of the notice.

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

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

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

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

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

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

In this section “the national authority”—

This section applies where—

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

The railway funding authority making the proposal must—

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

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

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

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

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

In this section “the national authority”—

This section applies where—

A service falls within this subsection if it is—

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

The railway funding authority making the proposal must—

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

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

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

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

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

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

In this section “the national authority”—

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

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

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

The particulars set out in the notice must include, in particular—and the proposal date must be a date not less than three months after the date of the notice.

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

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

If the national authority is of the opinion that the closure should be allowed, it must—and the service operator must not discontinue the services in question before the Office of Rail and Road has issued a closure ratification notice.

In this section—

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

An order under this section designating an excluded service, or a description of excluded service—is subject to the negative resolution procedure.

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

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

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

This section applies where—

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

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

The particulars set out in the notice must include, in particular—and the proposal date must be a date not less than three months after the date of the notice.

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

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

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

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

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

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

This section applies where—

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

The railway funding authority making the proposal must—

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

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

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

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

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

This section applies where—

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

The railway funding authority making the proposal must—

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

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

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

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

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

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

This section applies where—

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

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

The particulars set out in the notice must include, in particular—and the proposal date must be a date not less than three months after the date of the notice.

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

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

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

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

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

In this section “the national authority”—

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

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.

This section applies where—

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

The railway funding authority making the proposal must—

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

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

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

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

In this section “the national authority”—

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

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.

This section applies where—

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

The railway funding authority making the proposal must—

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

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

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

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

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

In this section “the national authority”—

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

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.

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

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

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

The reference must be accompanied by—

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

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.

If the Office of Rail and Road is satisfied—it must issue a notice to that effect (a “closure non-ratification notice”).

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”).

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

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

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

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—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.

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

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—

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.

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

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

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

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.

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

In subsection (8) “the area affected”, in relation to a requirement imposed under this section in relation to a closure, means—and “the area affected”, in relation to the variation or revocation of such a requirement, is to be construed accordingly.

A proposal is a proposal for a minor modification if—

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—

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—

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.

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.

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

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—has agreed to comply with those conditions.

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.

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

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

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

Any general determination which—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.

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).

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—

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—

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—

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

The discontinuance of the operation or use of—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.

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.

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

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

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.

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

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

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

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

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

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

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.

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

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

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.

For the purposes of subsection (6)(b)(ii) as it applies in relation to—a newspaper which circulates generally in Scotland or, as the case may be, Wales is to be regarded as being a national newspaper.

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—

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

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

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

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

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).

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.

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.

For the purposes of subsection (4)(b) as it applies in relation to—a newspaper which circulates generally in Scotland or, as the case may be, Wales is to be regarded as being a national newspaper.

The national authority may by order—

In subsection (1) “the national authority”—

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.

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

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—

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

After subsection (9) of that section insert—

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) ”.

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

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

Where a railway passenger service—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.

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.

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—

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

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

In this section “private hire vehicles” means—

In this section—

A railway funding authority may make a proposal—if, and only if, the requirements of subsection (3), (4) or (5) are satisfied.

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.

The requirements of this subsection are—

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

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—

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

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.

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—

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—

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.

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—

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—

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.

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

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

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

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.

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.

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.

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).

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—

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.

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 .

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

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

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

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.

Those obligations are—

In this Part—

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

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—

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

In subsection (4), “appropriate authority”—

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.

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

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

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

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

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

Those bye-laws may include, in particular—

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

Bye-laws which—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.

The Secretary of State may by order revoke or amend—

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—

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

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

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

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

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 ”.

After subsection (1) insert—

After subsection (11) insert—

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.

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.

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).

In this section “relevant Scottish service” means—

The Welsh Ministers may prepare, and from time to time to revise, a code of practice for protecting the interests of users of relevant Welsh services who are disabled.

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

Before preparing or revising a code under this section the Welsh Ministers must consult the Disabled Persons Transport Advisory Committee established under section 125 of the Transport Act 1985.

In this section “relevant Welsh service” means—

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

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

After that subsection insert—

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

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

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 ”.

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—

In that paragraph—

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

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

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.

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

After section 64 of that Act insert—

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

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

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

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.

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

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.

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.

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.

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

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. ”

After section 119(5) of that Act insert—

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

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

There shall be paid out of money provided by Parliament—

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—

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.

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

In subsection (2) “a relevant resolution”—

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—

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—

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

In this Act—

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

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

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

In this Act—

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.

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).

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—

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—

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

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—

Those provisions are—

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.

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

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.

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.

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

This Act may be cited as the Railways Act 2005.

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.

The Secretary of State may by order make such transitional provisions and savings in connection with the bringing into force of—as he thinks fit.

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

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

This Act does not extend to Northern Ireland.

In section 7 of the 1993 Act—

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

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

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

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

In subsection (7) of that section—

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

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

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

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.

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.

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 ”.

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

In that section, after that subsection insert—

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 ”.

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

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

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 ”.

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

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

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 ”.

After subsection (2) of that section insert—

Subsection (2B) of that section (publication of designations etc.) shall cease to have effect.

In subsection (3) of that section—

Every designation made by the Strategic Rail Authority under section 23 of the 1993 Act which is in force immediately before the commencement of sub-paragraph (1) shall have effect after the commencement of that sub-paragraph as a designation in accordance with that section—

Section 24 of the 1993 Act (franchise exemptions granted by the Secretary of State) is amended as follows.

In subsections (1) to (5) and (9), for “Secretary of State”, wherever occurring, substitute “ appropriate designating authority ”.

In subsection (3)(a) and (b), for “he” in each place substitute “ the appropriate designating authority ”.

After subsection (3) insert—

In subsection (4), for “he”, in both places, substitute “ it ”.

In subsection (6), for “is not complied with, the Secretary of State” substitute “ granted by the appropriate designating authority is not complied with, it ”.

In subsection (9), for “him”, in each place, substitute “ it ”.

After subsection (12) insert—

Section 26 of the 1993 Act (invitation to tender for franchises) is amended as follows.

In subsection (1), for the words from the beginning to “Authority” substitute “ The appropriate franchising authority may select the person who is to be the franchisee in relation to a franchise agreement ”.

In subsections (2) and (3), for “Authority”, wherever occurring, substitute “ appropriate franchising authority ”.

Subsection (4) shall cease to have effect.

For subsections (5) to (10) (statement by the Secretary of State about his power to give directions) substitute—

The fact that a statement of policy has not been published by any person under section 26(4A) of the 1993 Act does not affect the validity of any selection made as mentioned in section 26(1) of that Act.

In section 27 of the 1993 Act (transfer of franchise assets or shares), for “Authority”, wherever occurring, substitute “ appropriate franchising authority ”.

In subsection (8) and (9) of that section, for “Schedule 21 to the Transport Act 2000” substitute “ section 12 of the Railways Act 2005 ”.

In section 28 of the 1993 Act (fares and approved discount fare schemes), in subsection (2), for “Authority”, substitute “ appropriate franchising authority ”.

In subsection (4)—

Discount fare schemes which immediately before the commencement of this paragraph are approved for the purposes of section 28 of the 1993 Act are to be treated after the commencement of this paragraph as approved for the purposes of that section by the appropriate franchising authority.

In section 30 of the 1993 Act (operator of last resort to provide or secure provision of service where no franchise agreement), for “Authority”, wherever occurring, substitute “ relevant franchising authority ”.

Subsection (1)(a) shall cease to have effect.

In subsection (2), for “begin (or again begin) to be provided” substitute “ begin to be provided again ”.

After subsection (3) of that section, insert—

Where immediately before the commencement of this paragraph any service is being provided or secured by the Strategic Rail Authority by virtue of section 30 of the 1993 Act, that section is to have effect after the commencement of this paragraph as if—

Section 55 of the 1993 Act (orders for securing compliance) is amended as follows.

In subsections (1), (2) and (4), for “(5B)”, in each place, substitute “ (5C) ”.

In subsection (5), omit “or, as the case may be, section 207 of the Transport Act 2000”.

In subsection (5ZA)—

After subsection (5B) insert—

In subsection (6) (notice of decisions), for the words from the beginning to the end of paragraph (a) substitute—.

In subsection (7A), for “to the Authority in the event of any specified contravention of the order such” substitute.

In subsection (10)—

Section 57A of the 1993 Act (penalties) is amended as follows.

In subsection (2), for “to the Authority” substitute—.

In subsection (5)—

In section 57B of the 1993 Act—

The fact that a statement of policy has not been published by the Secretary of State, by the Scottish Ministers or by the Office of Rail and Road under section 57B of the 1993 Act does not affect—

This paragraph applies to things done under or for the purposes of any provision of sections 55 to 58 of the 1993 Act (enforcement) 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.

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—

The following provisions of the 1993 Act (which relate to applications by the SRA for railway administration orders and to notices to the SRA about insolvency proceedings against protected railway companies) shall cease to have effect—

Where a railway administration order is in force immediately before the commencement of this paragraph in relation to a company, things done by or in relation to the Strategic Rail Authority for the purposes of or in connection with that order and by virtue of —are to have effect, so far as necessary for giving them continuing validity and effect, as if done by the appropriate national authority (within the meaning of Part 1 of the 1993 Act).

In section 71B of the 1993 Act (code of practice for protection of disabled rail users), for “Authority”, in each place, substitute “ Secretary of State ”.

The code of practice under section 71B of the 1993 Act that is in force immediately before the commencement of this paragraph is to have effect after the commencement of this paragraph as if prepared and published by the Secretary of State.

The Strategic Rail Authority must provide the Secretary of State with particulars of any consultation under section 71B(2) of the 1993 Act which was undertaken before the commencement of this paragraph by that Authority in relation to future revisions of the code; and that consultation is to be treated for the purposes of any revision after the commencement of this paragraph as having been undertaken by the Secretary of State.

In section 73 of the 1993 Act (register maintained by the SRA), for “Authority”, wherever occurring, substitute “ Secretary of State ”.

In subsection (1) of that section, for “it” substitute “ he ”.

In subsection (2) of that section—

For subsection (3) of that section substitute—

In subsection (4) of that section, for the words from “or” to “Authority” substitute “ he may decide ”.

Subsections (5) and (6) of that section shall cease to have effect.

In subsection (7) of that section—

In section 76 of the 1993 Act (general duties of Passengers’ Council), for “Authority”, wherever occurring (except in subsection (6)(a)), substitute “ Secretary of State ”.

In subsection (4) of that section, for “service” substitute “ secured service (within the meaning of Part 4 of the Railways Act 2005) which is ”.

In subsection (5) of that section, in the words after paragraph (b)—

In subsection (6)(a) of that section, omit “and the Authority”.

Subsection (8) of that section shall cease to have effect.

In section 80 of the 1993 Act (duty to provide information to the SRA on request), for “Authority”, wherever occurring, substitute “ Secretary of State, the Scottish Ministers or the Office of Rail Regulation ”.

In subsection (1) of that section—

Section 135 of the 1993 Act (concessionary travel) is amended as follows.

In subsections (2) and (3), for “Authority may” substitute “ Secretary of State and the Scottish Ministers may each ”.

In subsection (6), for “The Authority may perform any of its functions” substitute “ The Secretary of State and the Scottish Ministers may exercise powers and perform duties conferred or imposed on him or them ”.

In subsection (7), for “Authority undertakes” substitute “ Secretary of State undertakes, or the Scottish Ministers undertake, ”.

Section 83(1) of the 1993 Act (expressions defined for the purposes of that Act, Part 4 of the 2000 Act and this Act) is amended as follows.

After the definition of “closure consent” insert—.

After the definition of “rolling stock” insert—.

A scheme may set out the property, rights and liabilities to be transferred in one or more of the following ways—

A scheme comes into force on the date appointed by the scheme.

The property, rights and liabilities that may be transferred by a scheme include—

The transfers to which effect may be given by a scheme include transfers that are to take effect in accordance with the scheme as if there were—as there would be, in the case of a transaction apart from this Act, by reason of a provision falling within sub-paragraph (3).

A provision falls within this sub-paragraph to the extent that it has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which the transferor is entitled or subject to anything to which the transfer relates.

Sub-paragraph (5) applies where (apart from that sub-paragraph) a person would be entitled, in consequence of anything done or likely to be done by or under this Act in connection with a scheme under section 1(2)—

That entitlement shall be enforceable in relation to the interest or right—to the extent only that the scheme provides for it to be so enforceable.

Sub-paragraphs (2) to (5) have effect where shares in a subsidiary of the transferor are or are to be transferred—

A scheme may contain provision—

A scheme may contain provision for the creation of rights and liabilities for the purpose of converting arrangements between different parts of a transferor's undertaking which exist immediately before the coming into force of the scheme into a contract between different transferees, or between a transferee and a transferor.

A scheme may contain provision—

A scheme may contain provision for interests, rights or liabilities of third parties in relation to anything to which the scheme relates to be modified in the manner set out in the scheme.

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

Paragraph 2(2) and (3) applies to the creation of interests and rights in accordance with a scheme as it applies to the transfer of interests and rights.

A scheme may contain provision for imposing on a transferee or a transferor an obligation—as may be specified or described in the scheme.

An obligation imposed on a person by virtue of sub-paragraph (1) shall be enforceable by the relevant person in civil proceedings—

The relevant person for the purposes of sub-paragraph (2) is the person with, or in favour of whom, the agreement or instrument is to be entered into or executed.

Where a scheme provides for the transfer of property, rights or liabilities, or for the creation of interests, rights or liabilities—

Sub-paragraph (1) is subject to so much of a scheme as provides for—to be effected by or under an agreement or instrument entered into or executed in pursuance of an obligation imposed by virtue of paragraph 4(1).

In its application to Scotland, sub-paragraph (1) has effect with the omission of the words “without further assurance”.

A scheme may make provision for some or all of the powers and duties to which this paragraph applies—

The powers and duties to which this paragraph applies are the powers and duties conferred or imposed upon the transferor by or under a relevant enactment so far as they relate to—

In this paragraph “relevant enactment” means any enactment other than—

This paragraph does not require a restrictive construction to be given to what may be transferred by virtue of paragraph 2(1)(d).

A scheme may—

In particular, a scheme may make provision, in relation to transfers in accordance with the scheme—

Sub-paragraph (2)(c) does not apply to references in an enactment or in subordinate legislation.

In this paragraph references to a transfer in accordance with a scheme include references to the creation of an interest, right or liability in accordance with a scheme.

Where the transferor and transferee under a scheme that has come into force so agree, the scheme shall be treated for all purposes as having come into force with such modifications as may be agreed.

An agreement under this paragraph which relates to rights and liabilities under a contract of employment may be entered into only if the employee is a party to the agreement.

An agreement under this paragraph that adversely affects the property or rights of a person other than the transferor, the transferee or such an employee may be entered into only if that person is a party to the agreement.

The provision that may be included in an agreement under this paragraph includes—

Where in accordance with a scheme a person employed by a transferor becomes an employee of a transferee—

References in this paragraph to becoming an employee of the transferee and to employment with the transferee include references, respectively, to becoming and to being employed in the civil service of the state.

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

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.

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

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

This paragraph shall have effect in relation to—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.

A person who proposes to make a scheme (“the scheme authority”) may direct—to provide him with such information as he considers necessary to enable him to make the scheme.

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

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

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

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.

No person may be required under this paragraph—

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—

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.

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—

In this paragraph—

In this paragraph “the court” means—

In this Schedule—

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.

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—

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

A transport system falls within this sub-paragraph if it is—but not to the extent that the transport system consists of or is operated for the purposes of fairground equipment.

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

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

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

In this paragraph—

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

It shall be the duty of the Office of Rail and Road—

It shall be the duty of the Office of Rail and Road—

Those persons are—

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.

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

Before—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.

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).

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)—

The subsection to be inserted is—

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—

The Office of Rail and Road may cause—to be made public at such time, and in such manner, as it thinks fit.

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.

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