Legalize / United Kingdom / Public General Act

Railways Act 1993

Type Public General Act

Publication 1993-11-05

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

the Office of Rail and Road must have regard to the need for making a decision, or taking action, as soon as reasonably practicable.

Other functions of the Office of Rail and Road

Investigatory functions

68

(1) Subject to subsection (2) below, it shall be the duty of the Office of Rail and Road to investigate any alleged or apprehended contravention of—

(a) a condition of a licence . . . , . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

if the alleged or apprehended contravention is the subject of a representation (other than one appearing to him to be frivolous or vexatious) made to it by or on behalf of a person who appears to the Office of Rail and Road to have an interest in the matter.

(2) The Office of Rail and Road may, if it thinks fit, require the Passengers’ Council to investigate and report to it on any matter falling within subsection (1) above which relates to—

(a) the provision of services for the carriage of passengers by railway, or

(b) the provision of station services,

and which it would otherwise have been its duty to investigate.

General functions

69

(1) It shall be the duty of the Office of Rail and Road, so far as it appears to it practicable from time to time to do so—

(a) to keep under review the provision, both in Great Britain and elsewhere, of railway services; and

(b) to collect information with respect to the provision of those services, with a view to facilitating the exercise of its functions under this Part.

(2) The Secretary of State may give general directions indicating—

(a) considerations to which the Office of Rail and Road should have particular regard in determining the order of priority in which matters are to be brought under review in performing its duty under subsection (1)(a) or (b) above; and

(b) considerations to which, in cases where it appears to the Office of Rail and Road that any of its functions under this Part are exercisable, it should have particular regard in determining whether to exercise those functions.

(3) It shall be the duty of the Office of Rail and Road, where either it considers it expedient or it is requested by the Secretary of State or the CMA to do so, to give information, advice and assistance to the Secretary of State or the CMA with respect to any matter in respect of which any function of the Office of Rail and Road under this Part is exercisable.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code of practice for protection of interests of rail users who are disabled

70

Publication of information and advice

71

(1) The Office of Rail and Road may arrange for the publication, in such form and in such manner as it considers appropriate, of such information and advice as it may appear to it expedient to give to users or potential users of railway services in Great Britain.

(2) In arranging for the publication of any such information or advice the Office of Rail and Road shall have regard to the need for excluding, so far as that is practicable—

(a) any matter which relates to the affairs of an individual, where publication of that matter would or might, in the opinion of the Office of Rail and Road, seriously and prejudicially affect the interests of that individual; and

(b) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, where publication of that matter would or might, in the opinion of the Office of Rail and Road, seriously and prejudicially affect the interests of that body.

(3) The CMA shall consult the Office of Rail and Road before publishing under section 6 of the Enterprise Act 2002 any information or advice which may be published by the Office of Rail and Road under this section.

Registers and reports of the Office of Rail and Road and the Authority

Keeping of register by the Regulator

72

(1) The Office of Rail and Road shall, at such premises and in such form as it may determine, maintain a register . . . .

(2) Subject to subsection (3) and to any direction given under subsection (4) below, the Office of Rail and Road shall cause to be entered in the register—

(a) in relation to licences and railway undertaking licences, the provisions of—

(i) every licence, every licence exemption and every railway undertaking licence;

(ii) every assignment of a licence of which notice is received by the Office of Rail and Road;

(iii) every modification or revocation of a licence , every requirement to modify conditions of a licence imposed on the Office of Rail and Road by the Authority, and every modification or revocation of a railway undertaking licence;

(iv) every revocation of a licence exemption and every requirement to revoke a licence exemption imposed on the Office of Rail and Road by the Authority;

(v) every requirement imposed, or consent or approval given, by the Office of Rail and Road under a licence or railway undertaking licence;

(vi) every requirement imposed, or consent or approval given, under a licence by any person (other than the Office of Rail and Road) who is a qualified person, within the meaning of section 9(3) above, for the purpose in question, being a requirement, consent or approval whose provisions have been notified to the Office of Rail and Road pursuant to a condition of the licence;

(vii) every final or provisional order made by the Office of Rail and Road in relation to a licence, every revocation of such an order and every notice given by the Office of Rail and Road under section 55(6) above that he is satisfied that he does not need to make such an order;

(viii) every scheme made by the Secretary of State under section 7A(4) above or paragraph 2 of Schedule 28 to the Transport Act 2000;

(ix) every penalty imposed by the Office of Rail and Road under section 57A above;

(x) every statement of policy published by the Office of Rail and Road under that section;

and notice of every surrender of a licence or railway undertaking licence;

(b) in relation to access agreements, access contracts and installation access contracts, the provisions of—

(i) every facility exemption granted under section 20(3) above;

(ii) every direction to enter into an access contract or an installation access contract;

(iii) every access agreement;

(iv) every amendment (however described) of an access agreement;

(v) every general approval given under section 18(1)(c), 19(3)(c) or 22(3) above which is for the time being in force;

(va) every direction under section 22A above;

(vb) every notice given by or to the Office of Rail and Road or the CMA under Schedule 4A to this Act;

(vi) every document issued or made by the Office of Rail and Road under an access agreement;

(d) in relation to experimental passenger services, within the meaning of Part 4 of the Railways Act 2005, the provisions of—

(i) every designation under section 36 of that Act of a service as experimental;

(ii) every notice under section 37(1) or (2) of that Act of the proposed discontinuance of a service designated as experimental;

(da) in relation to closures, the provisions of—

(i) every closure ratification notice or closure non-ratification notice (within the meaning of Part 4 of the Railways Act 2005) issued by it;

(ii) every closure requirement imposed by it;

(e) the provisions of every railway administration order and of every discharge of such an order.

(3) In entering any provision in the register, the Office of Rail and Road shall have regard to the need for excluding, so far as that is practicable, the matters specified in section 71(2)(a) and (b) above.

(4) If it appears to the Secretary of State that the entry of any provision in the register would be against the public interest or the commercial interests of any person, he may direct the Office of Rail and Road not to enter that provision in the register.

(5) Where an access agreement is entered into or amended, the facility owner or installation owner concerned shall send a copy of the access agreement or amendment to the Office of Rail and Road not later than 14 days after the date on which the access agreement is entered into or the amendment is made, as the case may be.

(6) A person who fails to comply with subsection (5) above is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) The contents of the register shall be available for inspection by the public during such hours and subject to the payment of such fee as may be specified in an order made by the Secretary of State.

(8) Any person may, on the payment of such fee as may be specified in an order so made, require the Office of Rail and Road to supply him with a copy of, or extract from, any part of the register, being a copy or extract which is certified by the Office of Rail and Road to be a true copy or extract.

(9) The contents of the register shall be available for inspection at any time by the Authority, without payment of any fee; and the Authority may require the Office of Rail and Road, without payment of any fee, to supply itwith a copy of, or extract from, any part of the register, being a copy or extract which is certified by the Office of Rail and Road to be a true copy or extract.

(10) Any reference in this section to “assignment” shall be construed in Scotland as a reference to assignation.

(11) Any sums received by the Office of Rail and Road under this section shall be paid into the Consolidated Fund.

Keeping of register by the Franchising Director

73

(1) The Secretary of State shall, at such premises and in such form as he may determine, maintain a register . . . .

(2) Subject to subsections (3) and (4) below, the Secretary of State shall cause to be entered in the register (except so far as they are required to be entered in the register maintained under section 73A or the register maintained under section 73B below) the provisions of—

(a) every exemption under section 24;

(b) every franchise agreement;

(d) every amendment (however described) of a franchise agreement other than any which are not likely to have a material effect on the provision of services under the agreement or on any sums payable under the agreement.;

(da) every determination made by him under section 34 of the Railways Act 2005 that a closure is a minor modification or that closures of a particular description are minor modifications;

(db) every revocation of a determination made by him under that section in relation to a description of closures;

(dc) every condition agreed to under subsection (5) of that section in connection with a determination made by him;

(e) every final or provisional order made by the Secretary of State in relation to . . . a franchise agreement or to any closure or proposed closure or to any closure requirement , every revocation of such an order and every notice given by the Secretary of State under section 55(6) above that he is satisfied that he does not need to make such an order;

(f) every penalty imposed by the Secretary of State under section 57A above;

(g) every statement of policy published by the Secretary of State under that section;

(ga) every designation under section 23 and every variation or revocation of such a designation;

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and, without prejudice to the generality of paragraph (d) above, “amendment" in that paragraph includes any variation of the property, rights and liabilities which from time to time constitute the franchise assets in relation to the franchise agreement in question, whether the variation is effected in accordance with the terms of, or by an amendment made to, the franchise agreement.

(3) The Secretary of State may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as he considers it appropriate to exclude for the purpose of maintaining the confidentiality of—

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

(b) matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Secretary of State's opinion, seriously and prejudicially affect the interests of that body.

(4) If it appears to the Secretary of State that the entry of any provision in the register would be against the public interest he may decide not to enter that provision in the register.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(7) The contents of the register shall be available for inspection at any time by the Scottish Ministers, the Welsh Ministers or the Office of Rail and Road, without payment of any fee; and the Scottish Ministers, the Welsh Ministers and the Office of Rail and Road may each require the Secretary of State, without payment of any fee, to supply him with a copy of, or extract from, any part of the register, being a copy or extract which is certified by the Secretary of State to be a true copy or extract.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual and other reports of the Regulator

74

(1) The Office of Rail and Road shall, as soon as practicable after the end of each financial year,, make to the Secretary of State and the Welsh Ministers a report on—

(a) his activities during that year; and

(b) the CMA's activities during that year, so far as relating to references made by the Office of Rail and Road.

(2) Every such report shall include—

(a) a general survey of developments, during the year to which it relates, in respect of matters falling within the scope of its functions;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a statement setting out any general directions given to the Office of Rail and Road during that year under section 69(2) above; . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State shall lay a copy of every report made by the Office of Rail and Road under subsection (1) above before each House of Parliament and shall arrange for copies of every such report to be published in such manner as he may consider appropriate.

(3ZA) The Welsh Ministers must lay a copy of every report made to them under subsection (1) before the National Assembly for Wales and must arrange for copies to be published in such manner as they consider appropriate.

(3A) Where a report is made by the Office of Rail and Road under subsection (1) above to the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers shall lay a copy of the report before the Scottish Parliament and shall arrange for copies to be published in such manner as they consider appropriate.

(4) The Office of Rail and Road may also prepare such other reports as it thinks fit with respect to any matter falling within the scope of its functions.

(5) The Office of Rail and Road may arrange for copies of any report prepared under subsection (4) above to be published in such manner as it may consider appropriate.

(6) In making or preparing any report under this section, the Office of Rail and Road shall have regard to the need for excluding, so far as that is practicable, the matters specified in section 71(2)(a) and (b) above.

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

(8) In this section—

“financial year” means a period of twelve months ending with 31st March; and

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Annual reports of the Franchising Director

75

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The Passengers’ Council and Rail Passengers’ Committees

General duties of the Central Committee

76

(1) It shall be the duty of the Passengers’ Council to investigate any matter which relates—

(a) to the provision of railway passenger services, or

(b) to the provision of station services by any person in a case where the operator of the station in question is authorised by a licence to be the operator of that station,

if the condition specified in subsection (2) below is satisfied in relation to the matter in question.

(2) The condition mentioned in subsection (1) above is satisfied if—

(a) the matter is the subject of a representation made to the Passengers’ Council by a user or potential user of railway passenger services and does not appear to the Passengers’ Council to be frivolous or vexatious;

(b) the matter is referred to the Passengers’ Council by the Secretary of State; or

(2A) If any matter falling within subsection (2)(a) appears to the Passengers’ Council to relate only to—

(a) the provision of railway passenger services wholly within the London railway area (within the meaning of section 252A of the Greater London Authority Act 1999), or

(b) the provision of station services within that area,

that Council must refer the matter to the London Transport Users' Committee.

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

(4) If, on investigating any matter, the Passengers’ Council considers it appropriate to do so, the Passengers’ Council shall make representations to the person providing the secured service (within the meaning of Part 4 of the Railways Act 2005) which is in question and—

(a) in the case of a service provided under a franchise agreement, to the franchisee, or

(b) in the case of a service provided on behalf of the Secretary of State, to the Secretary of State,

about the matter, or any matter to which it relates or which appears to the Passengers’ Council to be relevant to the subject of the matter investigated.

(5) Where the Passengers’ Council—

(a) having made representations under subsection (4) above, is of the opinion that it is unable to achieve a satisfactory resolution of the matter by that means, or

(b) on investigating any matter, has reason to believe that a franchisee is contravening, or is likely to contravene, any term of the franchise agreement or that the holder of a passenger licence or a station licence is contravening, or is likely to contravene, any condition of the licence,

the Passengers’ Council shall, unless representations about the matter have been made to the Secretary of State by the Passengers’ Council, refer it to the Secretary of State with a view to the Secretary of State exercising such of his powers as he considers appropriate in the circumstances of the case..

(5A) But if the Secretary of State considers that it would be more appropriate for a matter referred to it by the Passengers’ Council to be considered by the Office of Rail and Road, the Secretary of State shall refer it to the Office of Rail and Road, with a view to it exercising such of its powers as it considers appropriate in the circumstances of the case.

(6) Where the Passengers’ Council investigates any matter—

(a) it may prepare, and send to the Secretary of State or the Welsh Ministers . . . , a report of its findings; and

(b) it may publish any such report, unless the matter in question is one which was referred to the Passengers’ Council by the Secretary of State as mentioned in subsection (2)(b) above.

(7) Where the Passengers’ Council has investigated any matter under this section, it shall neither—

(a) include in any report or representations a proposal for any steps to be taken by any person in relation to that matter, nor

(b) refer the matter to the Secretary of State under subsection (5)(a) above by reason only of the failure of any person to take any steps in relation to that matter,

unless, balancing the cost of taking those steps against the benefits which the Passengers’ Council considers will be enjoyed by any person in consequence of the taking of those steps, the Passengers’ Council is of the opinion, on the basis of the information available to it, that the expenditure involved represents good value for money.

(7A) It shall also be the duty of the Passengers’ Council, so far as it appears 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 and station services;

(b) to make representations to, and consult, such persons as they think appropriate about those matters; and

(7B) The Secretary of State may, after consultation with the Passengers’ Council, make an order excluding services from the duties imposed by this section; and an order under this subsection—

(a) may exclude services of a particular class or description, particular services or services provided by a particular person;

(b) may provide that services are excluded subject to compliance with specified conditions; and

(7C) The Secretary of State may, after consultation with the Passengers’ Council, make an order providing that the duties imposed by this section apply to services of a particular class or description, particular services or services provided by a particular person—

(a) only to such extent as is specified by the order; or

(b) with such modifications as are so specified.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In this section, any reference to railway passenger services includes a reference to bus substitution services required to be provided in place of any such services; . . . .

General duties of consultative committees

77

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Functions under section 56 of the Transport Act 1962

78

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) After subsection (6) of that section there shall be inserted—

(6ZA) If the Secretary of State so directs in the case of any consultative committee, subsections (4) to (6) of this section shall have effect in relation to that committee and the Central Committee as if the reference in subsection (4) of this section to services and facilities provided by any of the Boards included a reference to any such ferry service as may be specified in the direction, whether provided by a Board or by some other person; and, in the application of subsections (4) to (6) of this section in relation to any such ferry service, any reference in those subsections to a Board shall be taken to include a reference to the person providing the ferry service.

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

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

Annual reports by the Central Committee and the consultative committees

79

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Information

Duty of certain persons to furnish information to the Franchising Director on request

80

(1) Licence holders shall be under a duty to furnish to the Secretary of State, the Welsh Ministers, the Scottish Ministers or the Office of Rail and Road in such form and manner as he, they or it may by notice request such information as he, they or it may so request, being information which the Secretary of State, the Welsh Ministers, the Scottish Ministers or the Office of Rail and Road considers necessary for the purpose of facilitating the performance of any functions of the Secretary of State, the Welsh Ministers, the Scottish Ministers or (as the case may be) that Office under this Part , the Transport Act 2000 or the Railways Act 2005 or any other function or activity of his, theirs or its in relation to railway services.

(1A) Holders of railway undertaking licences , and holders of relevant European licences, shall be under a duty to furnish to the Office of Rail and Road in such form and manner as it may by notice request such information as it may so request, being information which the Office of Rail and Road considers necessary for the purpose of facilitating the performance of any of its functions under the Railway (Licensing of Railway Undertakings) Regulations 2005.

(2) A request under subsection (1) or (1A) above must be complied with within such time (being not less than 28 days from the making of the request) as may be specified in the request.

(3) If a request under subsection (1) above is not complied with, the Secretary of State, the Welsh Ministers, the Scottish Ministers or the Office of Rail and Road may serve a notice under subsection (4) below on the person from whom the information was requested under subsection (1) above.

(3A) If a request under subsection (1A) above is not complied with, the Office of Rail and Road may serve a notice under subsection (4) below on the person from whom the information was requested under subsection (1A) above.

(4) A notice under this subsection is a notice signed by the Secretary of State, the Welsh Ministers, the Scottish Ministers or the Office of Rail and Road and—

(a) requiring the person on whom it is served to produce, at a time and place specified in the notice, to the Secretary of State , the Welsh Ministers, the Scottish Ministers or the Office of Rail and Road or to any person appointed by the Franchising Director for the purpose, any documents which are specified or described in the notice and are in that person’s custody or under his control; or

(b) requiring that person to furnish, at a time and place and in the form and manner specified in the notice, to the Franchising Director such information as may be specified or described in the notice. In its application to a notice served by virtue of subsection (3A) above this subsection has effect with the omission of the references to the Secretary of State and the Scottish Ministers.

(5) No person shall be required under this section to produce any documents which he could not be compelled to produce in civil proceedings in the court or, in complying with any requirement for the furnishing of information, to give any information which he could not be compelled to give in evidence in any such proceedings.

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

(7) A person who intentionally alters, suppresses or destroys any document which he has been required by any notice under subsection (4) above to produce is guilty of an offence and shall be liable—

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

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

(8) If a person makes default in complying with a notice under subsection (4) above, the court may, on the application of the Secretary of State, the Welsh Ministers, the Scottish Ministers or the Office of Rail and Road in the case of a request under subsection (1) above, or the Office of Rail and Road in the case of a request under subsection (1A) above, make such order as the court thinks fit for requiring the default to be made good; and any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.

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

(10) In this section “the court” means the High Court, in relation to England and Wales, and the Court of Session, in relation to Scotland.

Interpretation

Meaning of “railway”

81

(1) Subject to subsection (2) below, the definition of “railway” in section 67(1) of the Transport and Works Act 1992 shall have effect for the purposes of this Part as it has effect for the purposes of that Act, and cognate expressions shall be construed accordingly.

(2) Where it is stated for the purposes of any provision of this Part that railway has its wider meaning, “railway” shall be taken, for the purposes of that provision, to mean—

(a) a railway,

(b) a tramway, or

and cognate expressions shall be construed accordingly.

(3) In paragraphs (a) to (c) of subsection (2) above “guided transport”, “railway”, “tramway” and “trolley vehicle system” have the meaning given by section 67(1) of the Transport and Works Act 1992.

Meaning of “railway services” etc

82

(1) In this Part, “railway services” means services of any of the following descriptions, that is to say—

(a) services for the carriage of passengers by railway;

(b) services for the carriage of goods by railway;

(d) station services;

(e) network services.

(2) In this Part—

“light maintenance services” means services of any of the following descriptions, that is to say—the refuelling, or the cleaning of the exterior, of locomotives or other rolling stock;the carrying out to locomotives or other rolling stock of maintenance work of a kind which is normally carried out at regular intervals of twelve months or less to prepare the locomotives or other rolling stock for service;

“network services” means any service which consists of, or is comprised in, the provision or operation of a network (or of any of the track or other installations comprised in a network), but does not include any service which falls within paragraphs (a) to (d) of subsection (1) above;

“services for the carriage of passengers by railway” includes services for and in connection with the carriage of luggage, parcels or mail on trains which at the time are available, and primarily intended, for use by passengers; and references to carrying, or to the carriage of, passengers by railway shall be construed accordingly;

“station services” means any service which consists of, or is comprised in, the provision or operation of a station;

and, for the purposes of the above definitions of “network services" and “station services", where a person permits another to use any land or other property comprised in a network or station he shall be regarded as providing a service which falls within the meaning of “network services" or “station services", as the case may be.

(3) Without prejudice to the generality of the definition in subsection (2) above, “network services” includes services of any of the following descriptions, that is to say—

(a) the construction, maintenance, re-alignment, re-configuration or renewal of track,

(b) the installation, operation, maintenance or renewal of a railway signalling system or of any other railway communication equipment,

(c) the construction, control, maintenance or renewal of electrical conductor rails or overhead lines, of any supports for such rails or lines, and of any electrical substations or power connections used or to be used in connection therewith, and the provision of electrical power by means thereof,

(d) the provision and operation of services for the recovery or repair of locomotives or other rolling stock in connection with any accident, malfunction or mechanical or electrical failure,

(e) the provision and operation of services for keeping track free from, or serviceable notwithstanding, obstruction (whether by snow, ice, water, fallen leaves or any other natural or artificial obstacle or hindrance) or for removing any such obstruction,

(f) the provision, operation, maintenance and renewal of any plant, equipment or machinery used in carrying on any of the activities specified in paragraphs (a) to (e) above,

(g) the exercise of day to day control over train movements over or along any track comprised in the network,

(h) the preparation of a timetable for the purposes of such control as is referred to in paragraph (g) above,

and it is immaterial for the purposes of this subsection and that subsection whether or not the person who provides the service in question also provides or operates a network, or any of the track or other installations comprised in a network, or provides the service on behalf of a person who does so.

(4) In determining whether any service is a station service, it is immaterial whether or not the person who provides the service also provides or operates a station, or any part of a station, or provides the service on behalf of a person who does so.

(5) In this section, “maintenance” includes the detection and rectification of any faults.

(6) “Railway” has its wider meaning in the application of this section in relation to any provision of this Part for the purposes of which “railway” has that meaning.

Interpretation of Part I

83

(1) In this Part, unless the context otherwise requires—

“the 1973 Act” means the Fair Trading Act 1973;

“the 1980 Act” means the Competition Act 1980;

“access agreement” means—an access contract which satisfies one of the conditions in paragraphs (a) to (c) of section 18(1) above; oran installation access contract which satisfies one of the conditions in paragraphs (a) to (c) of section 19(3) above;

“access contract” has the meaning given by section 17(6) above;

“access option” shall be construed in accordance with section 17(6) above;

“additional railway asset” has the meaning given by section 29(8) above;

“ancillary service” means any service which is necessary or expedient for giving full effect to any permission or right which a person may have to use any track, station or light maintenance depot;

“appropriate authority” has the meaning given by section 55(10) above;

“appropriate designating authority” has the meaning given by section 23(3) above;

“appropriate franchising authority” has the meaning given by section 23(3) above;

“appropriate national authority” has the meaning given by section 59(6)(za) above;

“bus substitution service” means a service for the carriage of passengers by road that is provided as an alternative to the whole or a part of a railway passenger service that has been discontinued, reduced or modified (whether temporarily or permanently);

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

“closure” has the same meaning as in Part 4 of the Railways Act 2005 (see section 45 of that Act);

“closure requirement” means a requirement imposed under section 33 of that Act;

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

“the CMA” means the Competition and Markets Authority;

“cross-border service” means a railway passenger service starting either in England and Wales or in Scotland and ending, or otherwise making at least one scheduled call, in the other;

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

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

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

“exempt facility” shall be construed in accordance with section 20(13) above;

“experimental passenger service” has the meaning given by section 48(6) above;

“facility exemption” has the meaning given by section 20(13) above;

“facility owner” has the meaning given by section 17(6) above;

“final order” and “provisional order” have the meaning given by section 55(10) above;

“franchise agreement” has the meaning given by section 23(3) above;

“franchise assets” has the meaning given by section 27(11) above;

“franchise operator” has the meaning given by section 23(3) above;

“franchise period” has the meaning given by section 23(3) above;

“franchise term” has the meaning given by section 23(3) above;

“franchised services” has the meaning given by section 23(3) above;

“franchisee” has the meaning given by section 23(3) above;

“goods” includes mail, parcels, animals, plants and any other creature, substance or thing capable of being transported, but does not include passengers;

“information” includes accounts, estimates, records and returns;

“installation access contract” has the meaning given by section 19(9) above;

“installation owner” has the meaning given by section 19(9) above;

“international licence” has the meaning given by section 6(2) above;

“licence” means a licence under section 8 above and “licence holder” shall be construed accordingly;

“licence exemption” has the meaning given by section 7(13) above;

“light maintenance” (without more) means—the refuelling, or the cleaning of the exterior, of locomotives or other rolling stock; orthe carrying out to locomotives or other rolling stock of maintenance work of a kind which is normally carried out at regular intervals of twelve months or less to prepare the locomotives or other rolling stock for service;and, for the purposes of paragraph (b) above, “maintenance work” includes the detection and rectification of any faults;

“light maintenance depot” means any land or other property which is normally used for or in connection with the provision of light maintenance services, whether or not it is also used for other purposes;

“light maintenance depot licence” means a licence authorising a person—to be the operator of a light maintenance depot; andto be the operator of a train being used on a network for a purpose preparatory or incidental to, or consequential on, the provision of light maintenance services;

“light maintenance services” has the meaning given by section 82 above;

“locomotive” means any railway vehicle which has the capacity for self-propulsion (whether or not the power by which it operates is derived from a source external to the vehicle);

“network” means—any railway line, or combination of two or more railway lines, andany installations associated with any of the track comprised in that line or those lines,together constituting a system of track and other installations which is used for and in connection with the support, guidance and operation of trains;

“network licence” means a licence authorising a person—to be the operator of a network;to be the operator of a train being used on a network for any purpose comprised in the operation of that network; andto be the operator of a train being used on a network for a purpose preparatory or incidental to, or consequential on, using a train as mentioned in paragraph (b) above;

“network services” has the meaning given by section 82 above;

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

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

“operator”, in relation to a railway asset, has the meaning given by section 6(2) above;

“passenger licence” means a licence authorising a person—to be the operator of a train being used on a network for the purpose of carrying passengers by railway; andto be the operator of a train being used on a network for a purpose preparatory or incidental to, or consequential on, using a train as mentioned in paragraph (a) above;

“passenger service operator” means a person who provides services for the carriage of passengers by railway;

“premises” includes any land, building or structure;

“prescribed” means prescribed by regulations made by the Secretary of State;

“private sector operator” means any body or person other than a public sector operator;

“protected railway company” has the meaning given by section 59(6)(a) above;

“public sector operator” has the meaning given by section 25 as it had effect before its repeal by section 1 of the Passenger Railway Services (Public Ownership) Act 2024;

“railway” shall be construed in accordance with section 81 above;

“railway asset” has the meaning given by section 6(2) above;

“railway facility” means any track, station or light maintenance depot;

“railway passenger service” means any service for the carriage of passengers by railway;

“railway services” has the meaning given by section 82 above;

“railway undertaking licence” has the meaning given by section 6(2);

“railway vehicle” includes anything which, whether or not it is constructed or adapted to carry any person or load, is constructed or adapted to run on flanged wheels over or along track;

“records” includes computer records and any other records kept otherwise than in a document;

“relevant activities”, in relation to a protected railway company, has the meaning given by section 59(6)(b) above;

“relevant condition or requirement” has the meaning given by section 55(10) above;

“relevant European licence” has the meaning given by section 6(2);

“relevant operator” has the meaning given by section 55(10) above;

“rolling stock” means any carriage, wagon or other vehicle used on track and includes a locomotive;

“scheduled call”, in relation to a service or journey, means a scheduled stop at a station for the purpose of allowing passengers to join or leave the service or train (including the stops where the service or journey starts and ends);

“Scotland-only service” means a railway passenger service which starts and ends in Scotland and is not a cross-border service;

“Scottish franchise agreement” means a franchise agreement the franchised services under which—consist of or include Scotland-only services; andso far as they include other services, include only cross-border services designated by the Scottish Ministers;

“station” means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes;

“station licence” means a licence authorising a person to be the operator of a station;

“station services” has the meaning given by section 82 above;

“through ticket” means—a ticket which is valid for a journey which involves use of the services of more than one passenger service operator; ora combination of two or more tickets issued at the same time which are between them valid for such a journey;and “through ticketing” shall be construed accordingly;

“track” means any land or other property comprising the permanent way of any railway, taken together with the ballast, sleepers and metals laid thereon, whether or not the land or other property is also used for other purposes; and any reference to track includes a reference to—any level crossings, bridges, viaducts, tunnels, culverts, retaining walls, or other structures used or to be used for the support of, or otherwise in connection with, track; andany walls, fences or other structures bounding the railway or bounding any adjacent or adjoining property;

“train” means—two or more items of rolling stock coupled together, at least one of which is a locomotive; ora locomotive not coupled to any other rolling stock;

“vehicle” includes railway vehicle.

“Wales-only service” has the meaning given by section 57 of the Railways Act 2005;

“Welsh component of a Welsh service” has the meaning given by section 57 of the Railways Act 2005;

“Welsh franchise agreement” means a franchise agreement the franchised services under which consist of or include Wales-only services;

“Welsh protected railway company” has the meaning given by section 59(6)(d);

“Welsh service” has the meaning given by section 57 of the Railways Act 2005;

(1A) In sections 17 to 22C above (and Schedule 4 to this Act) references to a railway facility (including references to any track, station or light maintenance depot) or a network include references to a railway facility (or any track, station or light maintenance depot) or a network which is proposed to be constructed or is in the course of construction.

(2) For the purposes of this Part, a person shall be regarded as providing or operating services for the carriage of goods by railway notwithstanding that he provides or operates the services solely for the carriage of his own goods or otherwise for his own benefit.

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

Part II — Re-organisation of the Railways

New companies, transfer schemes and disposals

Powers of the Board to form companies

84

(1) The Board shall have power to form, or take part in forming, companies—

(a) for the purposes of the Board’s business;

(b) for the purpose of facilitating the disposal of—

(i) the whole or any part of the undertaking, or any property, rights or liabilities, of the Board or of any wholly owned subsidiary of the Board; or

(ii) without prejudice to the generality of sub-paragraph (i) above, any securities of any subsidiary of the Board;

(c) for the purpose of facilitating the performance by the Franchising Director of his functions under sections 23 to 36 above;

(d) for such other purposes as may be specified by the Secretary of State in a direction to the Board.

(2) The Secretary of State may, after consultation with the Board, direct the Board to exercise any power conferred by paragraph (a), (b), (c) or (d) of subsection (1) above; and, if he so directs, he may also give the Board directions with respect to—

(a) the nature and objects of the company which is to be formed;

(b) the manner in which, and time within which, it is to be formed.

(3) The Board shall not exercise any power conferred by subsection (1) above, except—

(a) in the case of the power conferred by paragraph (a), with the consent of, or pursuant to a direction given under subsection (2) above by, the Secretary of State; or

(b) in any other case, pursuant to such a direction.

(4) Each of the powers conferred on the Board by this section—

(a) is in addition to, and not in derogation from, any other powers of the Board; and

(b) relates only to the capacity of the Board as a statutory corporation;

and nothing in this section shall be construed as authorising the disregard by the Board of any enactment or rule of law.

Powers of the Board to make transfer schemes

85

(1) The Board shall have power to make schemes for the transfer of the whole or any part of the undertaking, or any property, rights or liabilities, of—

(a) the Board,

(b) any wholly owned subsidiary of the Board,

(d) the Franchising Director, or

(e) any company which is wholly owned by the Franchising Director,

to any other person falling within paragraphs (a) to (e) above or to a franchise company.

(2) In relation to the transfer or disposal (or the proposed transfer or disposal) of the whole or any part of an undertaking, any reference in this Part to property, rights or liabilities includes a reference to the undertaking or part (and, accordingly, to the property, rights and liabilities comprised in that undertaking or part).

(3) The powers conferred on the Board by subsection (1) above shall only be exercisable—

(a) for the purposes of the Board’s business, or to facilitate a disposal in the ordinary course of that business;

(b) for the purpose of effecting or facilitating the disposal of such property, rights or liabilities as the Secretary of State may direct; or

(c) for the purpose of facilitating the performance by the Franchising Director of his functions under sections 23 to 36 above,

and paragraph (a) above accordingly applies only in relation to transfers between the Board and any of its wholly owned subsidiaries or between two or more of its wholly owned subsidiaries.

(4) The Secretary of State may, after consultation with the Board, direct the Board to exercise any power conferred by subsection (1) above; and, if he does so, he may also give the Board directions with respect to—

(a) the manner in which, and time within which, the power is to be exercised;

(b) the property, rights or liabilities to be transferred;

(5) The Board shall not exercise the power conferred by subsection (1) above—

(a) for a purpose falling within paragraph (a) of subsection (3) above, except with the consent of, or pursuant to a direction given under subsection (4) above by, the Secretary of State; or

(b) for a purpose specified in paragraph (b) or (c) of subsection (3) above, except pursuant to such a direction.

(6) Subject to the following provisions of this Part, on the day on which a scheme under subsection (1) above comes into force (in this Part referred to as the “transfer date”) the property, rights and liabilities affected by the scheme shall, subject to section 97 below, be transferred and vest by virtue of, and in accordance with, the scheme.

(7) Each of the powers conferred on the Board by this section—

(a) is in addition to, and not in derogation from, the other powers so conferred and the other powers of the Board; and

(b) relates only to the capacity of the Board as a statutory corporation;

and nothing in this section shall be construed as authorising the disregard by the Board of any enactment or rule of law.

(8) In this Part, “franchise company” means any body corporate which is, or is to be, the franchisee or the franchise operator under a franchise agreement.

(9) Expressions used in subsection (8) above and in Part I above have the same meaning in that subsection as they have in that Part.

Powers of the Franchising Director to make transfer schemes

86

(1) The Franchising Director shall have power to make schemes for the transfer, at or after the end of the franchise period, of property, rights and liabilities which, immediately before the end of that period, are for the time being designated as franchise assets for the purposes of the franchise agreement in question to—

(a) the Franchising Director;

(b) a company which is wholly owned by the Franchising Director; or

(2) In the following provisions of this section—

(a) the “transferor” means the person from whom any such property, rights or liabilities as are mentioned in subsection (1) above are transferred by a scheme under this section; and

(b) the “transferee” means the person to whom any such property, rights or liabilities are so transferred.

(3) Subject to any contrary agreement or arrangements which may be made between the transferor and the transferee, where any property, rights or liabilities are transferred by a scheme under this section, there shall be paid by the transferee to the transferor or, as the case may require, by the transferor to the transferee, on the day on which the scheme comes into force such sums as may be specified in, or determined in accordance with, the franchise agreement mentioned in subsection (1) above.

(4) Subject to the following provisions of this Part, on the day on which a scheme under this section comes into force, the property, rights and liabilities affected by the scheme shall, subject to section 97 below, be transferred and vest by virtue of and in accordance with the scheme.

(5) Except as otherwise provided by this Act—

(a) any reference in this Act to a “transfer scheme” shall be taken as including a reference to a scheme under this section;

(b) in the application of any provision of this Act in relation to a scheme under this section, any reference to the “transfer date” shall be taken as a reference to the date on which the scheme comes into force.

(6) In this section “franchise agreement”, “franchise period” and “designated as franchise assets” have the same meaning as they have in Part I above.

(7) Any sums required by the Franchising Director for the purpose of making payments in respect of property, rights or liabilities transferred by a scheme under this section shall be paid by the Secretary of State out of money provided by Parliament.

(8) Any sums received by the Franchising Director in respect of property, rights or liabilities so transferred shall be paid into the Consolidated Fund.

Transfer to the Secretary of State or the Franchising Director of the Board’s function of making transfer schemes

87

(1) The Secretary of State may by order transfer any functions of the Board under section 85 above to himself or to the Franchising Director.

(2) An order under this section may provide for the transfer of the function in question for all purposes or for such purposes as may be specified in the order.

(3) Where any function is transferred to the Franchising Director under this section, the Secretary of State may, after consultation with the Franchising Director, direct the Franchising Director to exercise the function by making a scheme for the transfer of an undertaking or part of an undertaking, or any property, rights or liabilities, to a publicly owned railway company, a company wholly owned by the Franchising Director or a franchise company; and, if the Secretary of State gives such a direction, he may also—

(a) give the Franchising Director directions with respect to any matter specified in paragraph (a), (b) or (c) of section 85(4) above; or

(b) if the transfer is directed to be made to a publicly owned railway company which has not yet been formed, direct the Franchising Director to form, or take part in forming, a company for the purpose.

(4) In relation to any function transferred to the Franchising Director under this section, subsection (3) above shall have effect in substitution for subsection (4) of section 85 above and any reference in this Act to a direction under the said subsection (4) shall be construed accordingly.

(5) An order under this section may make such modifications of this Part as may be consequential upon, or incidental or supplemental to, the transfer effected by the order.

Transfers of interests in certain companies: provisions supplemental to sections 84 to 87

88

(1) Where the Secretary of State gives the Board directions—

(a) under section 84 above, with respect to the formation of a wholly owned subsidiary of the Board, and

(b) under section 85 above, with respect to the making of a scheme for the transfer of anything to that wholly owned subsidiary,

the wholly owned subsidiary of the Board shall remain such until the transfer under the scheme has taken effect.

(2) Where the Secretary of State gives the Board directions under section 85 above with respect to the making of a scheme for the transfer of anything to a company which is wholly owned by the Crown, that company shall remain wholly owned by the Crown until the transfer under the scheme has taken effect.

(3) Where the Secretary of State gives the Franchising Director directions under or by virtue of section 87 above with respect to the making of a scheme for the transfer of anything to a publicly owned railway company, that company shall remain a publicly owned railway company until the transfer under the scheme has taken effect.

(4) Where a wholly owned subsidiary of the Board is formed pursuant to a direction under section 84 above, none of the following persons, that is to say, the Board, any wholly owned subsidiary of the Board or any person acting on behalf of the Board or its wholly owned subsidiaries, shall dispose of any interests in that subsidiary except—

(a) with the consent of the Secretary of State and subject to compliance with such conditions (if any) as he may impose in connection with that consent; or

(b) pursuant to a direction of the Secretary of State under subsection (6) below or section 89 below.

(5) None of the following persons, that is to say, the Franchising Director, any company which is wholly owned by the Franchising Director or any person acting on behalf of the Franchising Director or any such company, shall dispose of any interests in a company which is wholly owned by the Franchising Director except—

(a) with the consent of the Secretary of State and subject to compliance with such conditions (if any) as he may impose in connection with that consent; or

(b) pursuant to a direction of the Secretary of State under subsection (7) below.

(6) The Secretary of State may at any time direct the Board to transfer, or arrange for there to be transferred, to him or such other person as may be specified in the direction any interests in a company so specified, being a wholly owned subsidiary of the Board formed pursuant to a direction under section 84 above, which are for the time being held by or on behalf of the Board.

(7) The Secretary of State may at any time direct the Franchising Director to transfer, or arrange for there to be transferred, to the Secretary of State or such other person as may be specified in the direction any interests in any company so specified which are for the time being held by the Franchising Director, any company which is wholly owned by the Franchising Director or any person acting on behalf of the Franchising Director or any such company.

(8) Where the Secretary of State gives a direction under subsection (6) or (7) above, it shall be the duty of the Board or, as the case may be, the Franchising Director to secure that the interests in question are transferred in accordance with the terms of the direction in such manner, and on or before such date, as may be specified for the purpose in the direction, and notwithstanding any duty imposed upon the Board by section 3(1) of the Transport Act 1962.

Disposals by the Board and its subsidiaries

89

(1) If the Secretary of State, after consultation with the Board, so directs, the Board shall dispose or secure the disposal (whether by way of sale, lease or exchange and, if by way of sale or lease, whether for nominal or valuable consideration) of—

(a) the whole or any part of the undertaking, or any property, rights or liabilities, of the Board or of any wholly owned subsidiary of the Board; or

(b) without prejudice to paragraph (a) above, any securities of any subsidiary of the Board which are held by or on behalf of the Board or any other subsidiary of the Board.

(2) The directions that may be given under this section by the Secretary of State include directions specifying—

(a) the manner in which, and time within which, the disposal is to be effected;

(b) that which is to be disposed of;

(3) No disposal shall be made by the Board, or by any subsidiary of the Board, in pursuance of a direction under this section except with the consent of the Secretary of State and subject to compliance with such conditions (if any) as he may impose in connection with that consent.

(4) The powers of disposal conferred on the Board by virtue of this section are in addition and without prejudice to those conferred by section 14(1)(e) of the Transport Act 1962 (power to dispose of any part of the Board’s undertaking, or any property, no longer required for the purposes of the Board’s business) which shall accordingly also continue to be exercisable by the Board.

(5) In section 27 of the Transport Act 1962, in subsection (4) (which provides that the Secretary of State may direct the Board and the British Waterways Board to discontinue any of their activities, dispose of any part of their undertaking, dispose of any assets held by them, call in any loan made by them or exercise any power they may possess to revoke any guarantees given by them) the words “dispose of any part of their undertaking, dispose of any assets held by them" shall cease to have effect in so far as relating to the Board.

Directions to the Board about the exercise of rights conferred by holdings in companies

90

(1) The Secretary of State may, after consultation with the Board, give directions to the Board with respect to the exercise of any rights conferred on the Board by the holding of interests in companies.

(2) A direction under subsection (1) above may be general in character or may relate to the manner in which such rights as are mentioned in that subsection are to be exercised in a particular case.

(3) In section 27 of the Transport Act 1962, in subsection (1) (which provides that the Secretary of State may give general directions to the Board as to the exercise and performance of their functions in relation to matters appearing to him to affect the national interest, including the exercise of rights conferred by the holding of interests in companies) the words “ (including the exercise of rights conferred by the holding of interests in companies) ” shall cease to have effect so far as relating to the Board.

(4) Subsection (5) of that section (which provides that the Secretary of State may, after consultation with the Board, direct the Board to exercise control over a subsidiary of the Board so as to require the subsidiary to discontinue any of their activities, dispose of any part of their undertaking, dispose of any assets held by them, call in any loan made by them or exercise any power they may possess to revoke any guarantees given by them) shall cease to have effect so far as relating to the Board.

Transfer schemes: supplemental provision

Transfer schemes: general

91

(1) A transfer scheme may—

(a) define the property, rights and liabilities to be transferred to the transferee—

(i) by specifying or describing the property, rights and liabilities in question;

(ii) by referring to all (or all but so much as may be excepted) of the property, rights and liabilities comprised in a specified part of the transferor’s undertaking; or

(iii) partly in the one way and partly in the other;

(b) provide that any rights or liabilities specified or described in the scheme shall be enforceable either by or against the transferor or transferee (or both of them);

(c) impose on the transferor or transferee an obligation to enter into such written agreements with, or execute such other instruments in favour of, the transferor or transferee or such other person as may be specified in the scheme;

(d) make such supplemental, incidental, consequential or transitional provision as the maker of the scheme considers appropriate.

(2) An obligation imposed by a provision included in a transfer scheme by virtue of paragraph (c) of subsection (1) above shall be enforceable by civil proceedings by the transferor or transferee or other person mentioned in that paragraph for an injunction or for interdict or for any other appropriate relief or remedy.

(3) A transaction of any description which is effected in pursuance of such a provision as is mentioned in subsection (2) above—

(a) shall have effect subject to the provisions of any enactment which provides for transactions of that description to be registered in any statutory register; but

(b) subject to that, shall be binding on all other persons, notwithstanding that it would, apart from this subsection, have required the consent or concurrence of any other person.

(4) No right of reverter (or corresponding right in Scotland), right of pre-emption, right of forfeiture, right of re-entry, right of irritancy, option or similar right affecting land shall operate or become exercisable as a result of any transfer of land—

(a) by virtue of a transfer scheme;

(b) by or under an agreement or instrument made or executed pursuant to any provision of Schedule 8 to this Act or pursuant to any directions given, or requirement imposed, under that Schedule; or

(c) pursuant to an obligation imposed by a provision included in a transfer scheme by virtue of paragraph (c) of subsection (1) above;

and, without prejudice to paragraph 8 of Schedule 8 to this Act, any such right or option shall accordingly have effect in the case of any such transfer as if the transferee in relation to that transfer were the same person in law as the transferor and as if no transfer of the land had taken place.

(5) Subsection (4) above shall have effect in relation to—

(a) the grant or creation of an estate or interest in, or right over, land, or

(b) the doing of any other thing in relation to land,

as it has effect in relation to a transfer of land; and any reference in that subsection or in the following provisions of this section to the transferor or the transferee shall be construed accordingly.

(6) In any case where—

(a) any such right or option as is mentioned in subsection (4) above would, apart from that subsection, have operated in favour of, or become exercisable by, a person, but

(b) the circumstances are such that, in consequence of the operation of that subsection, the right or option cannot subsequently operate in favour of that person or, as the case may be, become exercisable by him,

such compensation as may be just shall be paid to him by the transferor or the transferee (or by both) in respect of the extinguishment of the right or option.

(7) Any dispute as to whether any, and (if so) how much, compensation is payable under subsection (6) above, or as to the person to or by whom it shall be paid, shall be referred to and determined by—

(a) an arbitrator appointed by the President for the time being of the Royal Institution of Chartered Surveyors; or

(b) where the proceedings are to be held in Scotland, an arbiter appointed by the Lord President of the Court of Session; or

(c) where the proceedings are to be held in Northern Ireland, an arbitrator appointed by the Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland .

(8) If it appears to the transferor that a person is or may be entitled to compensation under subsection (6) above, he shall—

(a) notify that person that he is or may be so entitled, and

(b) invite him to make such representations as he wishes to the transferor not later than fourteen days after the date of issue of the document containing the notification required by paragraph (a) above,

or, if the transferor is not aware of the name and address of the person concerned, shall publish, in such manner as he considers appropriate, a notice containing information about the interest affected and inviting any person who thinks that he is or may be entitled to compensation to make such representations to the transferor within such period (being not less than 28 days from the date of publication of the notice) as may be specified in the notice.

Functions under local or private legislation etc

92

(1) A transfer scheme may provide that any functions of the transferor under a statutory provision—

(a) shall be transferred to the transferee;

(b) shall be concurrently exercisable by two or more transferees; or

(2) Subsection (1) above applies in relation to any function under a statutory provision if and to the extent that the statutory provision—

(a) relates to any part of the transferor’s undertaking, or to any property, which is to be transferred by the scheme; or

(b) authorises the carrying out of works designed to be used in connection with any such part of the transferor’s undertaking or the acquisition of land for the purpose of carrying out any such works.

(3) Subsection (1) above does not apply to any function of the Board or of any of the Board’s subsidiaries under any provision of this Act or of—

(a) the Transport Act 1962;

(b) the Transport Act 1968;

(d) sections 119 to 124 of the Transport Act 1985.

(4) A transfer scheme may define any functions of the transferor to be transferred or made concurrently exercisable by the scheme in accordance with subsection (1) above—

(a) by specifying the statutory provisions in question;

(b) by referring to all the statutory provisions (except those specified in subsection (3) above) which—

(i) relate to any part of the transferor’s undertaking, or to any property, which is to be transferred by the scheme, or

(ii) authorise the carrying out of works designed to be used in connection with any such part of the transferor’s undertaking or the acquisition of land for the purpose of carrying out any such works; or

(5) In this section “statutory provision” means a provision whether of a general or of a special nature contained in, or in any document made or issued under, any Act, whether of a general or a special nature.

Assignment of employees to particular parts of undertakings

93

(1) Schemes may be made—

(a) assigning such qualifying employees, or qualifying employees of such a class or description, as may be specified in the scheme to such part of their employer’s undertaking as may be so specified;

(b) modifying the terms and conditions of employment of those employees; and

(c) providing for the payment of compensation to any of those employees by his employer in respect of any overall detriment incurred by the employee in consequence of any modifications made by the scheme to his terms and conditions of employment.

(2) A scheme shall be made only for the purpose of facilitating, or otherwise in contemplation of, or in connection with,—

(a) the disposal of the undertaking, or part of the undertaking, of the Board or of a wholly owned subsidiary of the Board;

(b) the transfer, by virtue of a transfer scheme, of any property, rights or liabilities—

(i) from the Board or a wholly owned subsidiary of the Board to any such subsidiary or to a publicly owned railway company or a company wholly owned by the Franchising Director; or

(ii) from a company wholly owned by the Franchising Director to another such company;

(c) the provision of railway passenger services, or the operation of additional railway assets, under a franchise agreement, in circumstances where a previous franchise agreement relating to the provision of those services or the operation of those assets comes, or has come, to an end;

(d) the performance of any duty imposed on the Franchising Director by any provision of Part I above to secure—

(i) the provision of any railway passenger services;

(ii) the operation of any network or part of a network;

(iii) the operation of any station or light maintenance depot, or any part of a station or light maintenance depot; or

(e) the exercise of the power conferred on the Franchising Director by section 30 above to secure the operation of any additional railway assets.

(3) The power to make a scheme shall be exercisable—

(a) by the Board, in respect of employees of the Board or of any wholly owned subsidiary of the Board; or

(b) by the Franchising Director, in respect of employees of any company which is wholly owned by the Franchising Director.

(4) Where a scheme modifies the terms and conditions of employment of any person, the person’s terms and conditions of employment after the modification takes effect must overall, and taking account of the amount or value of any compensation payable to him by virtue of subsection (1)(c) above in respect of any such detriment as is there mentioned, be no less favourable to him than his terms and conditions of employment before the modification takes effect.

(5) The duty imposed on an employer by section 4 of the Employment Rights Act 1996 (requirement for written statement in respect of certain changes relating to an employee’s employment) shall extend to all of the modifications made by a scheme to a qualifying employee’s terms and conditions of employment, as if those modifications were changes required to be dealt with in a written statement under that section.

(6) If any qualifying employee whose terms and conditions of employment are modified by a scheme is aggrieved—

(a) at the provisions made by the scheme with respect to the payment of compensation, so far as applicable in his case, or

(b) at the fact that the scheme does not make any such provision,

he may make a written complaint to the maker of the scheme not later than twelve weeks after the date of issue of the written statement required by section 4 of the Employment Rights Act 1996in consequence of the modifications made by the scheme in the qualifying employee’s terms and conditions of employment.

(7) Any complaint under subsection (6) above shall be referred to, and determined by, such arbitrator as may be agreed by the qualifying employee and the person to whom the complaint was made or, at the request of either of them, by a panel of three arbitrators appointed by the Secretary of State and consisting of—

(a) a person who appears to the Secretary of State to be representative of employers in the railway industry;

(b) a person who appears to the Secretary of State to be representative of employees in the railway industry; and

(8) A scheme may make such incidental, consequential, supplemental or transitional provision as appears necessary or expedient to the person making the scheme.

(9) A scheme may make different provision for different qualifying employees or for qualifying employees of different classes or descriptions.

(10) A scheme shall not come into force unless it has been approved by the Secretary of State or until such date as the Secretary of State may, after consultation with the maker of the scheme, specify for the purpose in giving his approval.

(11) In the application of this section in relation to Scotland, any reference to an arbitrator shall be taken as a reference to an arbiter.

(12) In the application of this section to Northern Ireland, for any reference to section 4 of the Employment Rights Act 1996there shall be substituted a reference to section 4(4) to (6B) of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965.

(13) In this section—

“qualifying employee”, in the case of any scheme, means a person who, immediately before the coming into force of that scheme—is an employee of—the Board;a wholly owned subsidiary of the Board; ora company which is wholly owned by the Franchising Director; andis not assigned solely to duties in that part of his employer’s undertaking to which he is, or is to be, assigned by that scheme;

“scheme” means a scheme under this section;

and expressions used in this section and in Part I above have the same meaning in this section as they have in that Part.

Accounting provisions

94

(1) This section applies where any property, rights or liabilities are transferred by virtue of a transfer scheme between—

(a) the Board and any company which, at the time of the transfer, is either—

(i) a wholly owned subsidiary of the Board; or

(ii) wholly owned by the Crown; or

(b) any two companies which, at the time of the transfer, fall within paragraph (a) above.

(2) Where this section applies, the transfer scheme may state—

(a) the value at which any asset transferred to the transferee by virtue of the scheme is to be entered in the opening accounts of the transferee; or

(b) the amount at which any liability so transferred is to be entered in those accounts.

(3) The value or amount (if any) stated by virtue of subsection (2) above shall be—

(a) in a case where the whole of the asset or liability in question is transferred by the transfer scheme, the value or amount at which the asset or liability appeared in the last full accounts of the transferor, or

(b) in a case where part only of the asset or liability is so transferred, such part of the value or amount at which the asset or liability appeared in the last full accounts of the transferor as may be determined by or in accordance with the transfer scheme,

unless the maker of the transfer scheme considers that some other amount or value is appropriate in all the circumstances of the case, in which case the amount or value stated by virtue of subsection (2) above shall be that other amount or value.

(4) Where this section applies, the transfer scheme may provide that the amount to be included in the opening accounts of the transferee in respect of any item shall be determined as if so much of anything done (or treated as done) by the transferor (whether by way of acquiring, revaluing or disposing of any asset or incurring, revaluing or discharging any liability, or by carrying any amount to any provision or reserve, or otherwise) as may be determined by or in accordance with the transfer scheme had been done by the transferee.

(5) Without prejudice to the generality of the preceding provisions of this section, where this section applies, the transfer scheme may provide—

(a) that the amount to be included from time to time in any reserves of the transferee as representing its accumulated realised profits shall be determined as if such proportion of any profits realised and retained by the transferor as may be determined by or in accordance with the transfer scheme, had been realised and retained by the transferee;

(b) that the amount to be included from time to time in the opening accounts and any subsequent statutory accounts of the transferee as representing its accumulated realised losses shall be determined as if such proportion of any accumulated realised losses of the transferor as may be determined by or in accordance with the transfer scheme had been losses realised by the transferee.

(6) In this section—

“accounting year” means—in the case of the Board, the period of twelve months ending with 31st March in any year; andin the case of any company, its financial year, within the meaning of the Companies Act 2006;

“the last full accounts”, in connection with any transfer scheme, means—where the Board is the transferor, the annual accounts prepared by the Board in accordance with section 24 of the Transport Act 1962 for the accounting year last ended before the making of the transfer scheme; andwhere any other person is the transferor, the statutory accounts of that person for the accounting year last ended before the making of the transfer scheme;

“the opening accounts of the transferee” means any statutory accounts prepared by the transferee for the accounting year next ending after the transfer date;

“statutory accounts” means any accounts prepared by a company for the purpose of any provision of the Companies Act 2006 (including group accounts).

Power of the Secretary of State or the Franchising Director to require provision of information in connection with transfer schemes

95

(1) Where, in exercise of any functions conferred on him by section 86 above or transferred to him by an order under section 87 above, the Franchising Director or the Secretary of State (in this section referred to as “the relevant authority”) proposes to make a transfer scheme, he may direct any person to whom this section applies—

(a) to furnish him with such information as the relevant authority considers necessary to enable him to make the scheme; and

(b) to do so within such time (being not less than 28 days from the giving of the direction) as may be specified in the direction;

and the persons to whom this section applies are the Office of Rail and Road, the Board, any wholly owned subsidiary of the Board, any publicly owned railway company, any franchise company and any company which is wholly owned by the Franchising Director.

(2) If a person fails to comply with a direction under subsection (1) above, the relevant authority may serve a notice under subsection (3) below on that person.

(3) A notice under this subsection is a notice signed by the relevant authority and—

(a) requiring the person on whom it is served to produce, at a time and place specified in the notice, to the relevant authority or to any person appointed by the relevant authority for the purpose, any documents which are specified or described in the notice and are in that person’s custody or under his control; or

(b) requiring that person to furnish, at a time and place and in the form and manner specified in the notice, to the relevant authority such information as may be specified or described in the notice.

(4) No person shall be required under this section to produce any documents which he could not be compelled to produce in civil proceedings in the court or, in complying with any requirement for the furnishing of information, to give any information which he could not be compelled to give in evidence in any such proceedings.

(5) A person who without reasonable excuse fails to do anything required of him by notice under subsection (3) above is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) A person who intentionally alters, suppresses or destroys any document which he has been required by any notice under subsection (3) above to produce is guilty of an offence and shall be liable—

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

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

(7) If a person makes default in complying with a notice under subsection (3) above, the court may, on the application of the relevant authority, make such order as the court thinks fit for requiring the default to be made good; and any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.

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

(9) In this section “the court” means the High Court, in relation to England and Wales, and the Court of Session, in relation to Scotland.

Functions of the Secretary of State in relation to transfer schemes

96

(1) A transfer scheme made by the Board or the Franchising Director, otherwise than under section 86 above, shall not come into force unless it has been approved by the Secretary of State or until such date as the Secretary of State may specify for the purpose in giving his approval.

(2) The Secretary of State shall not make a transfer scheme except after consultation with the transferor.

(3) Before approving a transfer scheme made by the Franchising Director or the Board, the Secretary of State, after consultation with the transferor and, in the case of a scheme made by the Franchising Director, with the Franchising Director, may modify the scheme.

(4) It shall be the duty of the transferor to provide the Secretary of State with all such information and other assistance as he may require for the purposes of or in connection with the exercise, in relation to a transfer scheme, of any power conferred on him by this section.

Supplementary provisions as to transfers by transfer scheme

97

The provisions of Schedule 8 to this Act shall apply to any transfer by virtue of a transfer scheme; and sections 85(6) and 86(4) above shall have effect subject to the provisions of that Schedule.

Ownership of successor companies

98

(1) This section applies where any property, rights or liabilities are vested in accordance with a transfer scheme in a successor company which at the time of the vesting is either—

(a) a wholly owned subsidiary of the Board; or

(b) Government owned.

(2) Where this section applies, the successor company shall, as a consequence of the vesting referred to in subsection (1) above, issue to the appropriate person such securities of that company as may from time to time be directed—

(a) by the Secretary of State, if the transfer scheme was made in pursuance of a direction given by him; or

(b) in any other case, by the Board with the consent of the Secretary of State.

(3) The “appropriate person” for the purposes of subsection (2) above is—

(a) the Board, in a case where the direction under that subsection is given at a time when the successor company is a wholly owned subsidiary of the Board; or

(b) the Secretary of State, in a case where the direction under that subsection is given at a time when the successor company is Government owned.

(4) No direction shall be given under subsection (2) above to the successor company at any time after that company—

(a) has ceased to be Government owned, or

(b) has ceased to be a wholly owned subsidiary of the Board,

unless, in a case where paragraph (b) above would otherwise apply, the cessation mentioned in that paragraph occurs in consequence of the successor company’s becoming Government owned pursuant to a direction under section 88(6) above, in which case directions under subsection (2) above may continue to be given until the company ceases to be Government owned.

(5) Securities required to be issued in pursuance of a direction under subsection (2) above shall be issued or allotted at such time or times, and on such terms, as may be specified in the direction.

(6) Shares of the successor company which are issued in pursuance of a direction under subsection (2) above—

(a) shall be of such nominal value as the Secretary of State may direct; and

(b) shall be issued as fully paid and treated for the purposes of the Companies Act 1985 as if they had been paid up by virtue of the payment to that company of their nominal value in cash.

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Railways Act 1993

Other functions of the Office of Rail and Road

Investigatory functions

68

General functions

69

Code of practice for protection of interests of rail users who are disabled

70

Publication of information and advice

71

Registers and reports of the Office of Rail and Road and the Authority

Keeping of register by the Regulator

72

Keeping of register by the Franchising Director

73

Annual and other reports of the Regulator

74

Annual reports of the Franchising Director

75

The Passengers’ Council and Rail Passengers’ Committees

General duties of the Central Committee

76

General duties of consultative committees

77

Functions under section 56 of the Transport Act 1962

78

Annual reports by the Central Committee and the consultative committees

79

Information

Duty of certain persons to furnish information to the Franchising Director on request

80

Interpretation

Meaning of “railway”

81

Meaning of “railway services” etc

82

Interpretation of Part I

83

Part II — Re-organisation of the Railways

New companies, transfer schemes and disposals

Powers of the Board to form companies

84

Powers of the Board to make transfer schemes

85

Powers of the Franchising Director to make transfer schemes

86

Transfer to the Secretary of State or the Franchising Director of the Board’s function of making transfer schemes

87

Transfers of interests in certain companies: provisions supplemental to sections 84 to 87

88

Disposals by the Board and its subsidiaries

89

Directions to the Board about the exercise of rights conferred by holdings in companies

90

Transfer schemes: supplemental provision

Transfer schemes: general

91

Functions under local or private legislation etc

92

Assignment of employees to particular parts of undertakings

93

Accounting provisions

94

Power of the Secretary of State or the Franchising Director to require provision of information in connection with transfer schemes

95

Functions of the Secretary of State in relation to transfer schemes

96

Supplementary provisions as to transfers by transfer scheme

97

Ownership of successor companies

Initial share holding in successor companies

98