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

(2) No proceedings shall be instituted in England and Wales in respect of an offence under this section except by or with the consent of the Secretary of State or the Director of Public Prosecutions.

Offences by bodies corporate or Scottish partnerships

147

(1) Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3) Where a Scottish partnership is guilty of an offence under this Act in Scotland and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Proceedings in Scotland

148

(1) Subject to subsection (2) below, summary proceedings for an offence under this Act which is triable either on indictment or summarily may be commenced within a period of six months from the date on which evidence sufficient in the opinion of the procurator fiscal to warrant proceedings came to his knowledge.

(2) No such proceedings shall be commenced by virtue of this section more than three years after the commission of the offence.

(3) For the purposes of this section, a certificate signed by or on behalf of the procurator fiscal and stating the date on which evidence sufficient in his opinion to warrant proceedings came to his knowledge shall be conclusive evidence of that fact.

(4) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

(5) Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (which relates to the date of commencement of proceedings) shall apply for the purposes of this section as it applies for the purposes of that section.

(6) This section extends to Scotland only.

Service of documents

149

(1) Any document required or authorised by virtue of this Act to be served (whether the expression “serve" or the expression “give" or “send" or any other expression is used) on any person may be served—

(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or

(b) if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary of that body; or

(c) if the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having the control or management of the partnership business.

(2) For the purposes of this section and section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—

(a) in the case of service on a body corporate or its secretary, it shall be the address of the registered or principal office of the body;

(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership;

and for the purposes of this subsection the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(3) If a person to be served by virtue of this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined in pursuance of subsection (2) above) as the one at which he or someone on his behalf will accept documents of the same description as that document, then, in relation to that document, that address shall be treated as his proper address for the purposes of this section and for the purposes of the said section 7 in its application to this section, instead of that determined in accordance with subsection (2) above.

(4) This section shall not apply to any document in relation to the service of which provision is made by rules of court.

(5) In this section—

“local authority” includes a metropolitan county passenger transport authorityan Integrated Transport Authority for an integrated transport area in England and a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 , a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 and a combined county authority established under section 9 (1) of the Levelling-up and Regeneration Act 2023;

“secretary”, in relation to a local authority, means the proper officer within the meaning of the Local Government Act 1972 or (in relation to a local authority in Scotland) the Local Government (Scotland) Act 1973;

“serve” shall be construed in accordance with subsection (1) above.

Crown application

150

(1) The following provisions of this Act bind the Crown—

(a) sections 17 to 22C;

(b) sections 55(1) to (7) and (9) to (11), sections 56 and 57 and section 58(1) to (3), (6) and (7);;

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

(e) subject to, and in accordance with, section 48 of the Health and Safety at Work etc. Act 1974, section 117 (other than subsection (5)) so far as affecting or relating to provisions of, or regulations under, Part I of that Act which bind the Crown;

(f) section 118, except subsections (7) and (8);

(g) sections 119 to 121, except sections 120(4) and (5) and 121(4) to (6);

(h) section 122;

(j) section 144, so far as relating to other provisions of this Act which bind the Crown;

(k) Schedule 4;

(l) Schedule 6, to the extent that it applies, amends or modifies the operation of provisions of the Insolvency Act 1986 which bind the Crown so far as affecting or relating to the matters specified in paragraphs (a) to (e) of section 434 of that Act;

(m) Schedule 7;

(n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(o) the amendments and repeals made by Schedules 12 and 14, to the extent that the enactments to which they relate bind the Crown.

(2) Nothing in subsection (1) above so far as relating—

(a) to sections 55 to 58 above, or

(b) to section 144 above, so far as relating to those sections,

shall authorise proceedings to be brought against Her Majesty in her private capacity.

(3) Subsection (2) above shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

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

General interpretation

151

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

“the Authority” means the Strategic Rail Authority;

“the Board” means the British Railways Board;

“body corporate” has the meaning given by section 1173(1) of the Companies Act 2006;

“company” means any body corporate;

“contravention”, in relation to any direction, condition, requirement, regulation or order, includes any failure to comply with it and cognate expressions shall be construed accordingly;

“debentures” includes debenture stock;

“the Franchising Director” means the Director of Passenger Rail Franchising;

“functions” includes powers, duties and obligations;

“local authority” means any county council, county borough council, district council, ... or London borough council, the Common Council of the City of London, the Council of the Isles of Scilly or any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

“modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly;

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

“notice” means notice in writing;

“publicly owned railway company” means a company which is wholly owned by the Crown and which carries on, or is to carry on,—an undertaking derived, or to be derived, (whether wholly or partly and whether directly or indirectly) from, or from some part of, an undertaking carried on by the Board or a wholly owned subsidiary of the Board; oran undertaking in the course of which the company uses, or will use, any property, rights or liabilities acquired, or to be acquired, (whether directly or indirectly) from the Board or a wholly owned subsidiary of the Board;

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

“securities” has the meaning given by section 102A(2) of the Financial Services and Markets Act 2000;

“shares” includes stock;

“subsidiary” has the meaning given by section 1159 of the Companies Act 2006;

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

“wholly owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.

(2) For the purposes of this Act, a company shall be regarded as “wholly owned by the Crown” at any time when it has no members other than—

(a) the Secretary of State, the Authority or a Government department,

(b) a company which is itself wholly owned by the Crown, or

(3) For the purposes of this Act, a company shall be regarded as “wholly owned by the Authority” at any time when it has no members other than—

(a) the Authority,

(b) a company which is itself wholly owned by the Authority, or

(4) Any consent or approval under or by virtue of this Act shall be given in writing.

(5) For the purposes of this Act any class or description may be framed by reference to any matters or circumstances whatever.

(6) Nothing in this Act affects the operation of the Transfer of Undertakings (Protection of Employment) Regulations 1981, in their application in relation to the transfer of an undertaking, or part of an undertaking, within the meaning of those Regulations.

(7) Nothing in this Act, and nothing done under it, shall prejudice or affect the operation of any of the relevant statutory provisions (whenever made) as defined in Part I of the Health and Safety at Work etc. Act 1974.

(8) Subsection (7) above is without prejudice to section 117 above.

(9) The provisions of section 3 of the Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) shall not apply in relation to any determination under this Act made by an arbiter.

Minor and consequential amendments, transitional provisions and repeals

152

(1) The enactments mentioned in Schedule 12 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on provisions of this Act).

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

(3) The enactments mentioned in Schedule 14 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

Power to make consequential modifications in other Acts etc

153

(1) The Secretary of State may by order make such modifications of existing provisions as appear to him to be necessary or expedient in consequence of the provisions of this Act, or of any instrument made under or by virtue of this Act, being modifications in respect of—

(a) any reference in an existing provision to the Board or any subsidiary of the Board;

(b) any reference (in whatever terms) in an existing provision to any railway, railway service or railway undertaking;

(i) provides a railway service, or

(ii) carries on a railway undertaking,

or who is authorised to do so under or by virtue of any enactment;

(d) any reference in an existing provision to any enactment amended or repealed by or under this Act;

(e) any existing provision, so far as appearing to the Secretary of State to be of no further practical utility, having regard to the provisions of this Act;

(f) any other inconsistency between an existing provision and this Act.

(2) In this section—

“existing provision” means a provision contained in any Act (whether public general or local) passed, or in subordinate legislation made, before the relevant date;

“railway” has its wider meaning, within the meaning of Part I above;

“railway service” has the same meaning as in Part I above;

“the relevant date”, in relation to any modification, means the date of the coming into force of the provision of this Act on which the modification is consequential;

“subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Short title, commencement and extent

154

(1) This Act may be cited as the Railways Act 1993.

(2) Except for section 1 and Schedule 1 (which come into force on the passing of this Act), this Act shall come into force on such day as may be specified in an order made by the Secretary of State; and different days may be so specified—

(a) for different provisions;

(b) for different purposes of the same provision; and

(3) The following provisions of this Act extend to Northern Ireland—

(a) section 36(1), (4) and (5);

(b) subsections (1), (2), (4) and (5) of section 66;

(d) section 131;

(e) section 134;

(f) sections 143, 144, 146, 147(1) and (2) and 149 to 152, so far as relating to provisions of this Act which so extend;

(g) section 153;

(h) this section;

(j) paragraphs 6, 7 and 8 of Schedule 1, paragraph 10 of Schedule 2 and paragraph 9 of Schedule 3;

(k) Schedules 8 and 9;

(l) Schedule 11;

(m) the amendments and repeals made by Schedules 12 and 14, other than those relating to—

(i) section 6 of the Regulation of Railways Act 1889,

(ii) the Railway Fires Act 1905, and

(iii) the Railway Fires Act (1905) Amendment Act 1923,

to the extent that the enactments to which they relate so extend.

(4) Except as provided in subsection (3) above, this Act does not extend to Northern Ireland.

SCHEDULE 1

Remuneration, pensions etc.

1

(1) There shall be paid to a holder of the office of the Regulator . . . such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

(2) In the case of any such holder of the office of the Regulator . . . as may be determined by the Secretary of State, there shall be paid such pension, allowance or gratuity to or in respect of him, or such contributions or payments towards provision for such a pension, allowance or gratuity, as may be so determined.

(3) If, when any person ceases to hold office as the Regulator . . ., the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him a sum by way of compensation of such amount as may be determined by the Secretary of State.

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

Staff

2

(1) The Regulator . . . may . . ., with the approval of the Treasury as to numbers and terms and conditions of service, appoint such staff as the Regulator, . . ., may determine.

(2) Where a person who is, by reference to his employment as a member of the staff of the Regulator . . ., a participant in a scheme under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc) becomes a holder of the office of the Regulator . . ., the Treasury may determine that his term of office as such shall be treated for the purposes of the scheme as employment in the civil service of the State (whether or not any benefits are payable to or in respect of him by virtue of paragraph 1(2) above).

Expenses of the Regulator, . . . and . . . staff

3

There shall be paid out of money provided by Parliament—

(a) the remuneration of, and any travelling or other allowances payable under this Act to, the Regulator . . . or to any staff of the Regulator . . .;

(b) except as otherwise provided by this Act, any sums payable under this Act to or in respect of the Regulator . . .; and

(c) except as otherwise provided by this Act, any expenses duly incurred by the Regulator . . ., or by any staff of the Regulator . . ., in consequence of the provisions of this Act.

Official seal

4

The Regulator . . . shall . . . have an official seal for the authentication of documents required for the purposes of his functions.

Performance of functions

5

Anything authorised or required by or under this Act or any other enactment to be done by the Regulator . . . may be done by any member of the staff of the Regulator . . . who is authorised generally or specially in that behalf by the Regulator . . ..

Documentary evidence

6

The Documentary Evidence Act 1868 shall have effect as if—

(a) the Regulator . . . were . . . included in the first column of the Schedule to that Act;

(b) the Regulator, . . . and any person authorised to act on behalf of the Regulator . . . were mentioned in the second column of that Schedule; and

The Parliamentary Commissioner

7

In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation) the following entries shall be inserted at the appropriate places—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) “ The Rail Regulator ”.

Parliamentary disqualification etc.

8

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975, the following entries shall be inserted at the appropriate places—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) “ The Rail Regulator ”.

SCHEDULE 2

Preliminary

1

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

Remuneration of, and allowances for, members

2

There shall be paid to the chairman and other members of a Rail Passengers’ Committee such remuneration, and such travelling and other allowances, as the Authority may . . . determine.

Allowances for other members

3

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

Administration etc.

4

The Authority shall make arrangements for a Rail Passengers’ Committee to be provided with office accommodation and with such services as he considers appropriate to enable them to carry out their functions.

Proceedings

5

(1) Subject to the following provisions of this paragraph and paragraph 6 below, a Rail Passengers’ Committee may regulate their own procedure, including quorum.

(2) A Rail Passengers’ Committee shall meet when convened by the chairman, and in any case shall meet at least twice a year.

(3) Without prejudice to the discretion of the chairman to call a meeting whenever he thinks fit, he shall call a meeting when required to do so by any three members of a Rail Passengers’ Committee.

(4) Minutes shall be kept of the proceedings at every meeting of a Rail Passengers’ Committee; and copies of those minutes shall be sent to the Rail Passengers’ Council and the Authority.

(5) A Rail Passengers’ Committee shall have regard to any general recommendations which the Rail Passengers’ Council may from time to time make with respect to any matter affecting the procedure or functions of Rail Passengers’ Committees.

(6) The validity of any proceedings of a Rail Passengers’ Committee shall not be affected by any vacancy amongst the members or by any defect in the appointment of a member.

Admission of public to meetings

6

(1) Subject to sub-paragraph (2) below, meetings of a Rail Passengers’ Committee shall be open to the public.

(2) The public shall be excluded during any item of business where—

(a) it is likely, were members of the public to be present during that item, that information furnished in confidence to the committee by the the Office of Rail Regulation or the Authority would be disclosed in breach of the obligation of confidence;

(b) a Rail Passengers’ Committee have resolved that, by reason of the confidential nature of the item or for other special reasons stated in the resolution, it is desirable in the public interest that the public be excluded;

(i) any matter which relates to the affairs of an individual, or

(ii) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, or

(d) the circumstances are such as are specified in, or determined by resolution of a Rail Passengers’ Committee in accordance with, an order made by the Secretary of State.

(3) A Rail Passengers’ Committee shall give such notice—

(a) of any meeting of a Rail Passengers’ Committee which is open to the public, and

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

as they consider appropriate for the purpose of bringing the meeting to the attention of interested members of the public.

Sub-committees

7

(1) A Rail Passengers’ Committee may, . . .—

(a) establish local and other sub-committees through which a Rail Passengers’ Committee may carry out such of their functions as they may determine;

(b) appoint such persons (including persons who are not members of a Rail Passengers’ Committee) to be members of any such sub-committee as they may determine; and

(2) Persons appointed under sub-paragraph (1) above who are not members of a Rail Passengers’ Committee may be reimbursed for their travelling expenses and such of their out-of-pocket expenses as do not relate to loss of remuneration.

Financial provisions

8

(1) There shall be paid by the Authority—

(a) any sums payable to or in respect of any person under paragraph 2 . . . or 7 above; and

(b) any expenses incurred by a Rail Passengers’ Committee (provided that the Rail Passengers’ Committee complied with their financial duties in incurring them).

(2) The Authority may determine the financial duties of Rail Passengers’ Committees; and different determinations may be made for different functions of Rail Passengers’ Committees.

(3) The Authority shall give a Rail Passengers’ Committee notice of every determination of their financial duties; and such a determination may—

(a) relate to a period beginning before, on or after the date on which it is made;

(b) contain supplementary provisions; and

Amendment of other Acts

9

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

10

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

SCHEDULE 3

Preliminary

1

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

Remuneration of, and allowances for, members

2

There shall be paid to the chairman and other members of the Rail Passengers’ Council such remuneration, and such travelling and other allowances, as the Authority may . . . determine.

Allowances for other members

3

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

Administration etc.

4

The Authority shall make arrangements for the Rail Passengers’ Council to be provided with office accommodation and with such services as he considers appropriate to enable them to carry out their functions.

Proceedings

5

(1) Subject to the following provisions of this paragraph and paragraph 6 below, the Rail Passengers’ Council may regulate their own procedure, including quorum.

(2) The Rail Passengers’ Council shall meet when convened by the chairman, and in any case shall meet at least twice a year.

(3) Without prejudice to the discretion of the chairman to call a meeting whenever he thinks fit, he shall call a meeting when required to do so by any three members of the Rail Passengers’ Council.

(4) Minutes shall be kept of the proceedings at every meeting of the Rail Passengers’ Council; and copies of those minutes shall be sent to the Secretary of State and the Authority.

(5) A person who is a member of the Rail Passengers’ Council by virtue of being the chairman of a Rail Passengers’ Committee may appoint another member of that Rail Passengers’ Committee to attend any meeting of the committee in his stead.

(6) The validity of any proceedings of the committee shall not be affected by any vacancy amongst the members or by any defect in the appointment of a member.

Admission of public to meetings

6

(1) Subject to sub-paragraph (2) below, meetings of the Rail Passengers’ Council shall be open to the public.

(2) The public shall be excluded during any item of business where—

(a) it is likely, were members of the public to be present during that item, that information furnished in confidence to the Rail Passengers’ Council by the the Office of Rail Regulation or the Authority would be disclosed in breach of the obligation of confidence;

(b) the Rail Passengers’ Council have resolved that, by reason of the confidential nature of the item or for other special reasons stated in the resolution, it is desirable in the public interest that the public be excluded;

(i) any matter which relates to the affairs of an individual, or

(ii) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, or

(d) the circumstances are such as are specified in, or determined by a resolution of the Rail Passengers’ Council in accordance with, an order made by the Secretary of State.

(3) The Rail Passengers’ Council shall give such notice—

(a) of any meeting of the Rail Passengers’ Council which is open to the public, and

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

as they consider appropriate for the purpose of bringing the meeting to the attention of interested members of the public.

Sub-committees

7

(1) The Rail Passengers’ Council may . . . —

(a) establish committees through which the Rail Passengers’ Council may carry out such of their functions as they may determine;

(b) appoint such persons (including persons who are not members of the Rail Passengers’ Council) to be members of any such committee as they may determine; and

(2) Persons appointed under sub-paragraph (1) above who are not members of the Rail Passengers’ Council may be reimbursed for their travelling expenses and such of their out-of-pocket expenses as do not relate to loss of remuneration.

Financial provisions

8

(1) There shall be paid by the Authority—

(a) any sums payable to or in respect of any person under paragraph 2 . . . or 7 above; and

(b) any expenses incurred by the Rail Passengers’ Council (provided that the Rail Passengers’ Council complied with their financial duties in incurring them).

(2) The Authority may determine the financial duties of the Rail Passengers’ Council; and different determinations may be made for different functions of the Rail Passengers’ Council.

(3) The Authority shall give the Rail Passengers’ Council notice of every determination of its financial duties; and such a determination may—

(a) relate to a period beginning before, on or after the date on which it is made;

(b) contain supplementary provisions; and

Amendment of other Acts

9

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

SCHEDULE 4

Interpretation

1

In this Schedule—

“application for directions” means an application for directions under section 17 of this Act;

“the facility owner” means the facility owner mentioned in section 17(1) of this Act;

“interested person” means any person whose consent is required by the facility owner, as a result of an obligation or duty owed by the facility owner which arose after the coming into force of section 17 of this Act, before the facility owner may enter into the required access contract;

“the required access contract” means the access contract which the applicant seeks to obtain by virtue of the application for directions;

and, subject to that, expressions used in this Schedule and in section 17 of this Act have the same meaning in this Schedule as they have in that section.

Making and withdrawal of application

2

(1) Any application for directions must be made in writing to the Office of Rail and Road and must—

(a) contain particulars of the required rights;

(b) specify the terms which the applicant proposes should be contained in the required access contract; and

(c) include any representations which the applicant wishes to make with regard to the required rights or the terms to be contained in the required access contract.

(2) The applicant may, by giving notice in writing to the Office of Rail and Road, withdraw or suspend the application at any time.

(3) In this paragraph “the required rights” means the permission to use the railway facility in question which it is sought to obtain by virtue of the application for directions.

Notifications, representations and information

3

(1) The Office of Rail and Road shall—

(a) send a copy of any application for directions received by it to the facility owner; and

(b) invite the facility owner to make written representations to the Office of Rail and Road within such period (being not less than 21 days from the date of issue of the invitation) as may be specified in the invitation.

(2) The Office of Rail and Road shall send a copy of any such representations received by it to the applicant and invite him to make further written representations within such period (being not less than 10 days from the date of issue of the invitation) as may be specified in the invitation.

(3) The Office of Rail and Road may from time to time request or invite further information, clarification or representations from the applicant or the facility owner.

Interested persons

4

(1) Where the Office of Rail and Road receives an application for directions, it shall issue a direction to the facility owner requiring him to furnish the name and address of every interested person to the Office of Rail and Road within such period (being not less than 14 days from the date of issue of that direction) as may be specified in that direction.

(2) Where the name and address of an interested person is furnished pursuant to sub-paragraph (1) above, the Office of Rail and Road shall invite the interested person to make written representations to it within such period (being not less than 14 days from the date of issue of the invitation) as may be specified in the invitation.

(3) The Office of Rail and Road shall send a copy of any such representations received by it to the applicant and to the facility owner and invite each of them to make written representations within such period (being not less than 10 days from the date of issue of the invitation) as may be specified in the invitation.

(4) The Office of Rail and Road may from time to time request or invite further information, clarification or representations from any interested person.

The decision and the directions

5

(1) The Office of Rail and Road shall inform the applicant, the facility owner and any interested person of its decision on an application for directions.

(2) If the Office of Rail and Road decides to give directions to the facility owner requiring him to enter into an access contract—

(a) the directions shall specify—

(i) the terms of the access contract; and

(ii) the date by which the access contract is to be entered into; and

(b) the Office of Rail and Road may also give directions to the applicant or the facility owner requiring him to pay compensation of such amount as may be specified in the directions to such interested person as may be so specified.

(3) Any compensation directed to be paid by virtue of sub-paragraph (2)(b) above shall be recoverable as a debt due.

(4) The facility owner shall be released from his duty to comply with the directions if the applicant fails to enter into an access contract on the terms required by the directions by the date specified for that purpose in the directions.

Effect of directions on facility owner and interested persons

6

(1) Any directions given on an application for directions or under this Schedule shall be binding on the person to whom they are given, notwithstanding any obligation or duty he may owe to an interested person and whether or not the interested person has had an opportunity to make representations.

(2) No interested person, and no successor to an interested person, shall take any step for the purpose of enforcing or exercising any right he may have against the facility owner in respect of, or in consequence of, the facility owner’s—

(a) entering into an access contract pursuant to directions under section 17 of this Act,

(b) performing such a contract in accordance with its terms, or

(c) failing to take any step to protect the interests of the interested person in connection with the application for directions, or the making of the access contract,

whether or not the interested person had, or has had, an opportunity to make representations.

(3) The duty of the facility owner to furnish the Office of Rail and Road with the name and address of every interested person pursuant to a direction under paragraph 4 above is a duty owed to each interested person and (subject to the defences and incidents applying in actions for breach of statutory duty) any contravention of that duty shall be actionable at the suit or instance of the interested person and the facility owner shall be liable for any loss or damage suffered by the interested person as a result of any access contract which is entered into in consequence of the application for directions.

(4) It shall be a defence in any proceedings brought by virtue of sub-paragraph (3) above for the facility owner to show that he took all reasonable steps, and exercised all due diligence, to avoid contravening the duty in question.

(5) In this paragraph “successor”, in relation to an interested person, means any person—

(a) who is a successor in title to the interested person; or

(b) whose rights derive directly or indirectly from the interested person.

Financial provision

7

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

SCHEDULE 5

Application of Schedule

1

(1) This Schedule applies in relation to any railway passenger services, or railway passenger services of a class or description, or any part of any such service, for the time being designated in an order under section 49(3) of this Act as railway passenger services in relation to which this Schedule is to have effect.

(2) In this Schedule “qualifying services” means any services, or part of a service, falling within sub-paragraph (1) above.

Notice of proposed closure

2

(1) Where a person (in this Schedule referred to as “the operator”) who provides qualifying services proposes to discontinue the provision of all such services from any station or on any line (in this Schedule referred to as a closure), he shall, not less than six weeks before carrying the proposal into effect, publish in two successive weeks in two local newspapers circulating in the area affected, and in such other manner as appears to him appropriate, a notice—

(a) giving the date and particulars of the proposed closure, and particulars of any alternative services which it appears to him will be available and of any proposals of his for providing or augmenting such services; and

(b) stating that objections to the proposed closure may be lodged in accordance with this Schedule within six weeks of a date specified in the notice, being the date on which the notice is last published in a local newspaper as required by this paragraph; and copies of the notice shall be sent to the appropriate Rail Passengers’ Committee.

(2) The operator shall also—

(a) send a copy of the notice to every person who is the operator of a station within the area affected; and

(b) require him to publish it at the station.

Objections

3

(1) Where a notice has been published under paragraph 2 above, any user of any service affected, and any body representing such users, may within the period specified in the notice lodge with the appropriate Rail Passengers’ Committee an objection in writing.

(2) Where such an objection is lodged with a Rail Passengers’ Committee—

(a) the Rail Passengers’ Committee shall forthwith inform the Secretary of State and the operator; and

(b) the closure shall not be proceeded with until the Rail Passengers’ Committee has reported to the Secretary of State and the Secretary of State has given his consent.

Conditions

4

(1) The Secretary of State may give his consent under paragraph 3(2)(b) above subject to such conditions as he thinks fit.

(2) The Secretary of State may at any time vary or revoke any conditions which are for the time being required to be complied with pursuant to sub-paragraph (1) above.

Functions of the consultative Rail Passengers’ Committee

5

(1) A Rail Passengers’ Committee with whom an objection has been lodged under paragraph 3(1) above shall—

(a) consider the objection and any representations made by the operator; and

(b) report to the Secretary of State as soon as possible on the hardship, if any, which they consider will be caused by the proposed closure;

and the report may contain proposals for alleviating that hardship.

(2) Where objections with respect to any proposed closure have been lodged with more than one Rail Passengers’ Committee, the Rail Passengers’ Committees in question—

(a) may report jointly to the Secretary of State; or

(b) may agree that the consideration of objections and representations relating to the closure and the making of a report to the Secretary of State shall be delegated to any of those Rail Passengers’ Committees appearing to them to be principally concerned.

(3) The Secretary of State may require a Rail Passengers’ Committee to make a further report; and if in any case the Secretary of State considers that a report or further report has been unreasonably delayed he may, after consulting the Rail Passengers’ Committee concerned and making such enquiries as he thinks fit, consent to the proposed closure without awaiting the report or further report.

(4) Copies of every report under this paragraph shall be sent to the Rail Passengers’ Council and to the operator.

(5) Where for the purposes of sub-paragraph (1) or (2) above a Rail Passengers’ Committee decide to hear an objector orally, or to hear oral representations made on behalf of the operator, they shall hear the objector or the representations, as the case may be, in public.

Interpretation

6

(1) For the purposes of this Schedule, the appropriate Rail Passengers’ Committee, in relation to a proposed closure, is the Rail Passengers’ Committee for the area affected.

(1A) In this Schedule “the area affected” means the area in which the station or line, or any part of the line, affected by the proposed closure is situated.

(2) For the purposes of this Schedule, “railway” has its wider meaning.

SCHEDULE 6

Part I — Modifications of the 1986 Act

General application of provisions of 1986 Act

1

Where a railway administration order has been made, sections 11 to 23 and 27 of the 1986 Act (which relate to administration orders under Part II of that Act) shall apply, with the modifications specified in the following provisions of this Part of this Schedule—

(a) as if references in those sections to an administration order were references to a railway administration order and references to an administrator were references to a special railway administrator;

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

(b) where the company in relation to which the order has been made is a protected railway company which is not a company registered under the Companies Act 2006 in England and Wales or Scotland, as if references in those sections to a company included references to such a company.

Effect of order

2

In section 11 of the 1986 Act (effect of order), as applied by this Part of this Schedule,—

(a) the requirement in subsection (1)(a) that any petition for the winding up of the company shall be dismissed shall be without prejudice to the railway administration order in a case where the order is made by virtue of section 61 of this Act; and

(b) the reference in subsection (3)(d) to proceedings shall include a reference to any proceedings under or for the purposes of section 55 or 57A of this Act.

Appointment of special railway administrator

3

In section 13 of the 1986 Act (appointment of administrator), as applied by this Part of this Schedule, for subsection (3) there shall be substituted the following subsection—

(3) An application for an order under subsection (2) may be made— (a) by the appropriate national authority ; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) by any continuing special railway administrator of the company or, where there is no such special railway administrator, by the company, the directors or any creditor or creditors of the company.

General powers of special railway administrator

4

In section 14 of the 1986 Act (general powers of administrator), as applied by this Part of this Schedule,—

(a) in subsection (1)(b), the reference to the powers specified in Schedule 1 to that Act shall be taken to include a reference to a power to act on behalf of the company for the purposes of this Act or any provision of a local or private Act which confers any power, or imposes any duty or obligation, on the company; and

(b) in subsection (4), the reference to a power conferred by the company’s articles of association —

(i) shall be taken to include a reference to any power conferred by any provision of a local or private Act which confers any power, or imposes any duty or obligation, on the company; and

(ii) in the case of a company which is an unregistered company, shall be taken also to include a reference to any power conferred by the company’s constitution.

Power to deal with charged property

5

(1) Section 15 of the 1986 Act (power to deal with charged property), as applied by this Part of this Schedule, shall have effect as follows.

(2) In subsection (5)(b) (amount to be paid to chargeholder not to be less than open market value), for the words “in the open market by a willing vendor" there shall be substituted the words “ for the best price which is reasonably available on a sale which is consistent with the purposes of the railway administration order ”.

Duties of special railway administrator

6

(1) Section 17 of the 1986 Act (duties of administrator), as applied by this Part of this Schedule, shall have effect in accordance with the following provisions of this paragraph.

(2) For subsection (2) there shall be substituted the following subsection—

(2) Subject to any directions of the court, it shall be the duty of the special railway administrator to manage the affairs, business and property of the company in accordance with proposals, as for the time being revised under section 23, which have been prepared for the purposes of that section by him or any predecessor of his.

(3) In subsection (3), paragraph (a) (right of creditors to require the holding of a creditors’ meeting) shall be omitted.

Discharge of order

7

(1) Section 18 of the 1986 Act (discharge and variation of administration order), as applied by this Part of this Schedule, shall have effect as follows.

(2) For subsections (1) and (2) there shall be substituted the following subsection—

(1) An application for a railway administration order to be discharged may be made— (a) by the special railway administrator, on the ground that the purposes of the order have been achieved; or (b) by the appropriate national authority. . . on the ground that it is no longer necessary that the purposes of the order are achieved.

(3) In subsection (3), the words “or vary” shall be omitted.

(4) In subsection (4), the words “or varied” and “or variation” shall be omitted and for the words “ to the registrar of companies ” there shall be substituted—

(a) where the company—

(i) is registered under the Companies Act 2006, or

(ii) is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,

the words “to the Office of Rail and Road , the appropriate national authority and the registrar of companies”; and

(b) where paragraph (a) above does not apply, the words “to the Office of Rail and Road and the appropriate national authority”.

Notice of making of order

8

In section 21(2) of the 1986 Act (notice of order to be given by administrator), as applied by this Part of this Schedule, for the words “to the registrar of companies" there shall be substituted—

(a) where the company—

(i) is registered under the Companies Act 2006, or

(ii) is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,

the words “to the Office of Rail and Road , the appropriate national authority and the registrar of companies”; and

(b) where paragraph (a) above does not apply, the words “to the Office of Rail and Road and the appropriate national authority”.

Statement of proposals

9

In section 23 of the 1986 Act (statement of proposals), as applied by this Part of this Schedule, for subsections (1) and (2) there shall be substituted the following subsections—

(1) Where a railway administration order has been made, the special railway administrator shall, within 3 months (or such longer period as the court may allow) after the making of the order, send a statement of his proposals for achieving the purposes of the order— (a) to the Secretary of State ; (b) to the Office of Rail and Road ; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) so far as he is aware of their addresses, to all creditors of the company; and (e) except where the company is an unregistered company which is not subject to a requirement imposed under or by virtue of section 691(1) or 718 of the Companies Act 1985 to deliver any documents to the registrar of companies, to the registrar of companies; and may from time to time revise those proposals. (2) If at any time— (a) the special railway administrator proposes to make revisions of the proposals for achieving the purposes of the railway administration order, and (b) those revisions appear to him to be substantial, the special railway administrator shall, before making those revisions, send a statement of the proposed revisions to the persons specified in subsection (2A). (2A) The persons mentioned in subsection (2) are— (a) the Secretary of State; (b) the Office of Rail and Road (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) all creditors of the company, so far as the special railway administrator is aware of their addresses; and (e) where the company— (i) is registered under the Companies Act 2006, or (ii) is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies, the registrar of companies. (2B) Where the special railway administrator is required by subsection (1) or (2) to send any person a statement before the end of any period or before making any revision of any proposals, he shall also, before the end of that period or, as the case may be, before making those revisions either— (a) send a copy of the statement (so far as he is aware of their addresses) to all members of the company; or (b) publish in the prescribed manner a notice stating an address to which members should write for copies of the statement to be sent to them free of charge.

Applications to court

10

(1) Section 27 of the 1986 Act (protection of interests of creditors and members), as applied by this Part of this Schedule, shall have effect as follows.

(2) After subsection (1) there shall be inserted the following subsections—

(1A) At any time when a railway administration order is in force the Secretary of State . . . may apply to the High Court or the Court of Session by petition for an order under this section on the ground specified in subsection (1B). (1B) The ground mentioned in subsection (1A) is that the special railway administrator has exercised or is exercising, or proposing to exercise, his powers in relation to the company in a manner which— (a) will not best ensure the achievement of the purposes of the order; or (b) without prejudice to paragraph (a) above, involves a contravention of any of the conditions of any licence under Part I of the Railways Act 1993 held by the company. (1C) Where an application is made under subsection (1) in respect of a company in relation to which a railway administration order is in force— (a) notice of the application shall be given to the Secretary of State; and (b) he shall be entitled to be heard by the court in connection with that application.

(3) Subsection (3) (order not to prejudice or prevent voluntary arrangements or administrator’s proposals) shall be omitted.

(4) In subsection (4) (provision that may be made in an order), the words “Subject as above” shall be omitted and for paragraph (d) there shall be substituted—

(d) without prejudice to the powers exercisable by the court in making a railway administration order— (i) provide that the railway administration order is to be discharged as from such date as may be specified in the order unless, before that date, such measures are taken as the court thinks fit for the purpose of protecting the interests of creditors; and (ii) make such consequential provision as the court thinks fit.

(5) For subsection (6) there shall be substituted—

(6) Where a railway administration order is discharged in consequence of such provision in an order under this section as is mentioned in subsection (4)(d)(i), the special railway administrator shall, within 14 days after the date on which the discharge takes effect, send a copy of the order under this section— (a) to the Office of Rail and Road; (b) to the Director of Passenger Rail Franchising; and (c) where the company— (i) is registered under the Companies Act 2006, or (ii) is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies, to the registrar of companies. and if, without reasonable excuse, the special railway administrator fails to comply with this subsection, he is liable to a fine and, for continued contravention, to a daily default fine.

Particular powers of special railway administrator

11

In the application of Schedule 1 to the 1986 Act (which sets out certain powers of the administrator) by virtue of section 14 of that Act, as applied by this Part of this Schedule in relation to a company which is an unregistered company, paragraph 22 shall be omitted.

Part II — Further modifications of the 1986 Act: application in relation to foreign companies

Introductory

12

(1) Where a railway administration order has been made in relation to a company which is a foreign company, sections 11 to 23 and 27 of the 1986 Act (as applied by Part I of this Schedule) shall apply in relation to that foreign company with the further modifications set out in the following provisions of this Part of this Schedule.

(2) In this Part of this Schedule, “foreign company” means a company incorporated outside Great Britain.

Effect of order

13

(1) Section 11 of the 1986 Act (effect of administration order), as applied by this Part of this Schedule in relation to a foreign company, shall have effect as follows.

(2) In subsection (1), paragraph (b) shall be omitted.

(3) Subsection (2) shall be omitted.

(4) In subsection (3)—

(a) paragraphs (a) and (b) shall be omitted; and

(b) in paragraph (d)—

(i) the reference to the commencement or continuation of proceedings shall be taken as a reference to the commencement or continuation of proceedings in Great Britain; and

(ii) the reference to the levying of distress against the company shall be taken as a reference to the levying of distress against the foreign company to the extent of its property in England and Wales;

and any reference to property or goods shall be taken as a reference to property or (as the case may be) goods for the time being situated within Great Britain.

(5) Subsections (4) and (5) shall be omitted.

(6) At the end of that section there shall be added—

(6) Where a railway administration order is in force in relation to a company which is a foreign company within the meaning of section 65 of the Railways Act 1993— (a) any person appointed to perform functions equivalent to those of an administrative receiver, and (b) if the special railway administrator so requires, any person appointed to perform functions equivalent to those of a receiver, shall refrain from performing those functions in Great Britain in relation to the foreign company and any of the company’s property for the time being situated in Great Britain, during the period for which that order is in force or, in the case of such a person as is mentioned in paragraph (b) above, during so much of that period as falls after the date on which he is required to do so.

Notification of order

14

In section 12 of the 1986 Act (notification of order), as applied by this Part of this Schedule in relation to a foreign company, the reference to a statement that the affairs, business and property of the company are being managed by the administrator shall be taken as a reference to a statement that—

(a) the affairs and business of the foreign company so far as carried on in Great Britain, and

(b) the property of the foreign company so far as that property is for the time being situated within Great Britain,

are being managed by the special railway administrator.

General powers of special railway administrator

15

(1) Section 14 of the 1986 Act (general powers of administrator), as applied by this Part of this Schedule in relation to a foreign company, shall have effect as follows.

(2) In subsection (1)(a), the reference to the affairs, business and property of the company shall be taken as a reference to—

(a) the affairs and business of the foreign company so far as carried on in Great Britain, and

(b) the property of that company so far as that property is for the time being situated within Great Britain.

(3) Subsection (2)(a) shall be omitted.

(4) In subsection (4)—

(a) the reference to any power conferred on the company or its officers shall be taken to include any power conferred on the foreign company or its officers under the law under which the foreign company is incorporated; and

(b) any reference (however expressed) to the exercise of any power conferred on the company or its officers shall be taken as a reference to the exercise of that power so far as it relates to—

(i) the affairs and business of the foreign company so far as carried on in Great Britain, or

(ii) the property of that company so far as that property is for the time being situated within Great Britain.

Power to deal with charged property

16

In section 15 of the 1986 Act (power of administrator to deal with charged property etc), as applied by this Part of this Schedule in relation to a foreign company, any reference to property or goods shall be taken as a reference to property or (as the case may be) goods for the time being situated within Great Britain.

Duties of special railway administrator

17

In section 17 of the 1986 Act (general duties of administrator), as applied by this Part of this Schedule in relation to a foreign company,—

(a) in subsection (1), the reference to property shall be taken as a reference to property for the time being situated within Great Britain; and

(b) in subsection (2), the reference to the affairs, business and property of the company shall be taken as a reference to—

(i) the affairs and business of the foreign company so far as carried on in Great Britain, and

(ii) the property of that company so far as that property is for the time being situated within Great Britain.

Statement as to company’s affairs

18

In section 22(1) of the 1986 Act (power of administrator to require certain persons to provide him with a statement as to company’s affairs), as applied by this Part of this Schedule in relation to a foreign company, the reference to the affairs of the company shall be taken as a reference to the affairs of the foreign company so far as they are carried on in Great Britain, or relate to property of that company for the time being situated within Great Britain.

Particular powers of special railway administrator

19

(1) The powers conferred on a special railway administrator by virtue of Schedule 1 to the 1986 Act (which sets out certain powers of an administrator), as that Schedule applies by virtue of section 14 of that Act, as applied by this Part of this Schedule in relation to a foreign company, shall be exercisable only in relation to—

(a) the affairs and business of that company, so far as carried on in Great Britain; and

(b) the property of that company, so far as that property is for the time being situated within Great Britain.

(2) In that Schedule, as it so applies,—

(a) without prejudice to sub-paragraph (1) above, references to the property of that company shall be taken as references to that property, so far as that property is for the time being situated within Great Britain; and

(b) paragraph 19 shall be omitted.

Part III — Supplemental

General adaptations and saving

20

(1) Subject to the preceding provisions of this Schedule, references in the 1986 Act (except in sections 8 to 10 and 24 to 26), or in any other enactment passed before this Act, to an administration order under Part II of that Act, to an application for such an order and to an administrator shall include references, respectively, to a railway administration order, to an application for a railway administration order and to a special railway administrator.

(2) Subject as aforesaid and to sub-paragraph (3) below, references in the 1986 Act, or in any other enactment passed before this Act, to an enactment contained in Part II of that Act shall include references to that enactment as applied by section 60, 61, 62 or 65 of this Act or Part I or II of this Schedule.

(3) Sub-paragraphs (1) and (2) above shall apply in relation to a reference in an enactment contained in Part II of the 1986 Act only so far as necessary for the purposes of the operation of the provisions of that Part as so applied.

(4) The provisions of this Schedule shall be without prejudice to the power conferred by section 411 of the 1986 Act (company insolvency rules), as modified by sub-paragraphs (1) and (2) above.

Interpretation

21

(1) In this Schedule “the 1986 Act” means the Insolvency Act 1986.

(2) In this Schedule, and in any modification of the 1986 Act made by this Schedule, “special railway administrator”, in relation to a railway administration order, means any person appointed in relation to that order for the purposes of section 59(1) of this Act; and in any such modification “railway administration order” has the same meaning as in this Act.

SCHEDULE 7

Application of Schedule

1

(1) This Schedule shall apply in any case where—

(a) the court has made a railway administration order in relation to a protected railway company (“the existing appointee"); and

(b) it is proposed that, on and after a date appointed by the court, another company (“the new appointee") should carry on the relevant activities of the existing appointee, in place of the existing appointee.

(2) In this Schedule—

“the court”, in the case of any protected railway company, means the court having jurisdiction to wind up the company;

“other appointee” means any company, other than the existing appointee or the new appointee, which is the holder of a licence under section 8 of this Act or of a railway undertaking licence and which may be affected by the proposal mentioned in sub-paragraph (1)(b) above;

“the relevant date” means such day, being a day before the discharge of the railway administration order takes effect, as the court may appoint for the purposes of this Schedule; and

“special railway administrator”, in relation to a company in relation to which a railway administration order has been made, means the person for the time being holding office for the purposes of section 59(1) of this Act.

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

Making and modification of transfer schemes

2

(1) The existing appointee, acting with the consent of the new appointee and, in relation to the matters affecting them, of any other appointees, may make a scheme under this Schedule for the transfer of property, rights and liabilities from the existing appointee to the new appointee.

(2) A scheme under this Schedule shall not take effect unless it is approved by the appropriate national authority .

(3) Where a scheme under this Schedule is submitted to “the appropriate national authority, it may, with the consent of the new appointee, of the existing appointee and, in relation to the matters affecting them, of any other appointees, modify the scheme before approving it.

(4) If at any time after a scheme under this Schedule has come into force in relation to the property, rights and liabilities of any company the appropriate national authority considers it appropriate to do so and the existing appointee, the new appointee and, in relation to the provisions of the order which affect them, any other appointees consent to the making of the order, the appropriate national authority may by order provide that that scheme shall for all purposes be deemed to have come into force with such modifications as may be specified in the order.

(5) An order under sub-paragraph (4) above may make, with effect from the coming into force of the scheme to which it relates, any such provision as could have been made by the scheme and, in connection with giving effect to that provision from that time, may contain such supplemental, consequential and transitional provision as the appropriate national authority considers appropriate.

(6) In determining, in accordance with the appropriate national authority's duties under Part I of this Act, whether and in what manner to exercise any power conferred on him by this paragraph the appropriate national authority , shall have regard to the need to ensure that any provision for the transfer of property, rights and liabilities in accordance with a scheme under this Schedule allocates property, rights and liabilities to the different companies affected by the scheme in such proportions as appear to the appropriate national authority to be appropriate in the context of the different relevant activities of the existing appointee which will, by virtue of this Act, be carried out at different times on and after the relevant date by the new appointee, by the existing appointee and by any other appointees.

(7) It shall be the duty of the new appointee, of the existing appointee and of any other appointees to provide the appropriate national authority with all such information and other assistance as the appropriate national authority may reasonably require for the purposes of, or in connection with, the exercise of any power conferred . . . by this paragraph.

(8) Without prejudice to the other provisions of this Act relating to the special railway administrator of a company, anything which is required by this paragraph to be done by a company shall, where that company is a company in relation to which a railway administration order is in force, be effective only if it is done on the company’s behalf by its special railway administrator.

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

(10) A statutory instrument containing an order under this paragraph made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Transfers by scheme

3

(1) A scheme under this Schedule for the transfer of the existing appointee’s property, rights and liabilities shall come into force on the relevant date and, on coming into force, shall have effect, in accordance with its provisions and without further assurance, so as to transfer the property, rights and liabilities to which the scheme relates to the new appointee.

(2) For the purpose of making any division of property, rights or liabilities which it is considered appropriate to make in connection with the transfer of property, rights and liabilities in accordance with a scheme under this Schedule, the provisions of that scheme may—

(a) create for the existing appointee, the new appointee or any other appointees an interest in or right over any property to which the scheme relates;

(b) create new rights and liabilities as between any two or more of those companies; and

(c) in connection with any provision made by virtue of paragraph (a) or (b) above, make incidental provision as to the interests, rights and liabilities of other persons with respect to the subject-matter of the scheme.

(3) The property, rights and liabilities of the existing appointee that shall be capable of being transferred in accordance with a scheme under this Schedule shall include—

(a) property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the existing appointee;

(b) such property, rights and liabilities to which the existing appointee may become entitled or subject after the making of the scheme and before the relevant date as may be described in the scheme;

(d) rights and liabilities under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.

(4) The provision that may be made by virtue of sub-paragraph (2)(b) above includes—

(a) provision for treating any person who is entitled by virtue of a scheme under this Schedule to possession of a document as having given another person an acknowledgement in writing of the right of that other person to the production of the document and to delivery of copies thereof;

(b) provision applying section 64 of the Law of Property Act 1925 (production and safe custody of documents) in relation to any case in relation to which provision falling within paragraph (a) above has effect; and

(c) provision that where a scheme under this Schedule transfers any interest in land or other property situated in Scotland, subsections (1) and (2) of section 16 of the Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) shall have effect in relation to the transfer as if the transfer had been effected by deed and as if from each of those subsections the words “unless specially qualified" were omitted.

(5) For the avoidance of doubt, it is hereby declared that the transfers authorised by paragraph (a) of sub-paragraph (3) above include transfers which, by virtue of that paragraph, are to take effect as if there were no such contravention, liability or interference with any interest or right as there would be, in the case of a transfer or assignment otherwise than in accordance with a scheme under this Schedule, by reason of any provision having effect (whether under any enactment or agreement or otherwise) in relation to the terms on which the existing appointee is entitled or subject to the property, right or liability in question.

Transfer of licences

4

(1) A scheme under this Schedule may provide for a licence held by the existing appointee to have effect as if it had been granted to the new appointee.

(2) Different schemes under this Schedule may provide for a licence held by the same existing appointee to have effect as if it had been granted as a separate licence to each of the new appointees under those schemes.

(3) Sub-paragraphs (1) and (2) have effect in relation to a railway undertaking licence as they have effect in relation to a licence.

Supplemental provisions of schemes

5

(1) A scheme under this Schedule may contain supplemental, consequential and transitional provision for the purposes of, or in connection with, the provision for the transfers or any other provision made by the scheme.

(2) Without prejudice to the generality of sub-paragraph (1) above, a scheme under this Schedule may provide—

(a) that for purposes connected with any transfers made in accordance with the scheme (including the transfer of rights and liabilities under an enactment) the new appointee is to be treated as the same person in law as the existing appointee;

(b) that, so far as may be necessary for the purposes of or in connection with any such transfers, agreements made, transactions effected and other things done by or in relation to the existing appointee are to be treated as made, effected or done by or in relation to the new appointee;

(c) that, so far as may be necessary for the purposes of or in connection with any such transfers, references in any agreement (whether or not in writing) or in any deed, bond, instrument or other document to, or to any officer of, the existing appointee are to have effect with such modifications as are specified in the scheme;

(d) that proceedings commenced by or against the existing appointee are to be continued by or against the new appointee;

(e) that the effect of any transfer under the scheme in relation to contracts of employment with the existing appointee is not to be to terminate any of those contracts but is to be that periods of employment with the existing appointee are to count for all purposes as periods of employment with the new appointee;

(f) that disputes as to the effect of the scheme between the existing appointee and the new appointee, between either of them and any other appointee or between different companies which are other appointees are to be referred to such arbitration as may be specified in or determined under the scheme;

(g) that determinations on such arbitrations and certificates given jointly by two or more such appointees as are mentioned in paragraph (f) above as to the effect of the scheme as between the companies giving the certificates are to be conclusive for all purposes.

Duties of existing appointee after the scheme comes into force

6

(1) A scheme under this Schedule may provide for the imposition of duties on the existing appointee and on the new appointee to take all such steps as may be requisite to secure that the vesting in the new appointee, by virtue of the scheme, of any foreign property, right or liability is effective under the relevant foreign law.

(2) The provisions of a scheme under this Schedule may require the existing appointee to comply with any directions of the new appointee in performing any duty imposed on the existing appointee by virtue of a provision included in the scheme under sub-paragraph (1) above.

(3) A scheme under this Schedule may provide that, until the vesting of any foreign property, right or liability of the existing appointee in the new appointee is effective under the relevant foreign law, it shall be the duty of the existing appointee to hold that property or right for the benefit of, or to discharge that liability on behalf of, the new appointee.

(4) Nothing in any provision included by virtue of this paragraph in a scheme under this Schedule shall be taken as prejudicing the effect under the law of any part of the United Kingdom of the vesting by virtue of the scheme in the new appointee of any foreign property, right or liability.

(5) A scheme under this Schedule may provide that, in specified cases, foreign property, rights or liabilities that are acquired or incurred by an existing appointee after the scheme comes into force are immediately to become property, rights or liabilities of the new appointee; and such a scheme may make the same provision in relation to any such property, rights or liabilities as can be made, by virtue of the preceding provisions of this paragraph, in relation to foreign property, rights and liabilities vested in the existing appointee when the scheme comes into force.

(6) References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have to be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(7) Any expenses incurred by an existing appointee in consequence of any provision included by virtue of this paragraph in a scheme under this Schedule shall be met by the new appointee.

(8) Duties imposed on a company by virtue of this paragraph shall be enforceable in the same way as if they were imposed by a contract between the existing appointee and the new appointee.

Functions under private and local legislation etc.

7

(1) A scheme under this Schedule may provide that any functions of the existing appointee under a statutory provision—

(a) shall be transferred to the new appointee or any of the other appointees;

(b) shall be concurrently exercisable by two or more companies falling within paragraph (a) above; or

(c) shall be concurrently exercisable by the existing appointee and one or more companies falling within paragraph (a) above;

and different schemes under this Schedule may provide for any such functions of the same existing appointee to have effect as mentioned in paragraphs (a) to (c) above in relation to each of the new appointees under those schemes or of all or any of the other appointees.

(2) Sub-paragraph (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 existing appointee’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 existing appointee’s undertaking or the acquisition of land for the purpose of carrying out any such works.

(3) Sub-paragraph (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 scheme under this Schedule may define any functions of the existing appointee to be transferred or made concurrently exercisable by the scheme in accordance with sub-paragraph (1) above—

(a) by specifying the statutory provisions in question;

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

(i) relate to any part of the existing appointee’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 existing appointee’s undertaking or the acquisition of land for the purpose of carrying out any such works; or

(5) In this paragraph “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.

SCHEDULE 8

Allocation of property, rights and liabilities

1

(1) The provisions of this paragraph and paragraph 2 below shall have effect where a transfer to which this Schedule applies is a transfer of all (or of all but so much as may be excepted) of the property, rights and liabilities comprised in a specified part of the transferor’s undertaking, but shall not apply to any such rights or liabilities under a contract of employment.

(2) Any property, right or liability comprised partly in the part of the transferor’s undertaking which is transferred to the transferee and partly in the part of that undertaking which is retained by the transferor shall, where the nature of the property, right or liability permits, be divided or apportioned between the transferor and the transferee in such proportions as may be appropriate; and, where any estate or interest in land falls to be so divided—

(a) any rent payable under a lease in respect of that estate or interest, and

(b) any rent charged on that estate or interest,

shall be correspondingly apportioned or divided so that the one part is payable in respect of, or charged on, only one part of the estate or interest and the other part is payable in respect of, or charged on, only the other part of the estate or interest.

(3) Sub-paragraph (2) above shall apply, with any necessary modifications, in relation to any feuduty payable in respect of an estate or interest in land in Scotland as it applies in relation to any rents charged on an estate or interest in land.

(4) Any property, right or liability comprised as mentioned in sub-paragraph (2) above the nature of which does not permit its division or apportionment as so mentioned shall be transferred to the transferee or retained by the transferor according to—

(a) in the case of an estate or interest in land, whether on the transfer date the transferor or the transferee appears to be in greater need of the security afforded by that estate or interest or, where neither appears to be in greater need of that security, whether on that date the transferor or the transferee appears likely to make use of the land to the greater extent,

(b) in the case of any other property or any right or liability, whether on the transfer date the transferor or the transferee appears likely to make use of the property, or as the case may be to be affected by the right or liability, to the greater extent,

subject (in either case) to such arrangements for the protection of the other of them as may be agreed between them.

2

(1) It shall be the duty of the transferor and the transferee, whether before or after the transfer date, so far as practicable to arrive at such written agreements and to execute such other instruments as are necessary or expedient to identify or define the property, rights and liabilities transferred to the transferee or retained by the transferor and as will—

(a) afford to the transferor and the transferee as against one another such rights and safeguards as they may require for the proper discharge of their respective functions; and

(b) make as from such date, not being earlier than the transfer date, as may be specified in the agreement or instrument such clarification and modifications of the division of the transferor’s undertaking as will best serve the proper discharge of the respective functions of the transferor and the transferee.

(2) Any such agreement shall provide so far as it is expedient—

(a) for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not;

(b) for the granting of indemnities in connection with the severance of leases and other matters; and

(3) If the transferor or the transferee represents to the Secretary of State, or if it appears to the Secretary of State without such a representation, that it is unlikely in the case of any matter on which agreement is required under sub-paragraph (1) above that such agreement will be reached, the Secretary of State may, whether before or after the transfer date, give a direction determining that matter and may include in the direction any provision which might have been included in an agreement under sub-paragraph (1) above; and any property, rights or liabilities required by the direction to be transferred to the transferee shall accordingly be regarded as having been transferred to, and vested in, the transferee by virtue of the scheme.

Variation of transfers by agreement

3

(1) The provisions of this paragraph shall have effect where a transfer to which this Schedule applies is a transfer by virtue of a transfer scheme made otherwise than under section 86 of this Act.

(2) At any time before the end of the period of twelve months beginning with the transfer date, the transferor and the transferee of the specified part may, with the approval of the Secretary of State, agree in writing that—

(a) as from such date as may be specified in or determined under the agreement, and

(b) in such circumstances (if any) as may be so specified,

there shall be transferred from the transferee to, and vested in, the transferor any property, rights and liabilities specified in the agreement; but no such agreement shall have effect in relation to rights and liabilities under a contract of employment unless the employee concerned is a party to the agreement.

(3) Subject to sub-paragraphs (4) and (5) below, in the case of an agreement under sub-paragraph (2) above, the property, rights and liabilities in question shall be transferred and vest in accordance with the agreement.

(4) Any transfer effected in pursuance of an agreement under sub-paragraph (2) above shall have effect subject to the provisions of any enactment which provides for such transactions to be registered in any statutory register.

(5) The following provisions of this Schedule shall have effect as if—

(a) any reference to a transfer to which this Schedule applies included a reference to a transfer effected in pursuance of an agreement under sub-paragraph (2) above;

(b) any reference to a transaction effected in pursuance of paragraph 2(1) above or of a direction under paragraph 2(3) above included a reference to such an agreement; and

(c) any reference to a vesting by virtue of a transfer scheme included a reference to a vesting by virtue of such an agreement.

Right to production of documents of title

4

(1) This paragraph applies where, on any transfer to which this Schedule applies, the transferor is entitled to retain possession of any document relating in part to the title to, or to the management of, any land or other property transferred to the transferee.

(2) Where the land or other property is situated in England and Wales—

(a) the transferor shall be deemed to have given to the transferee an acknowledgement in writing of the right of the transferee to production of that document and to delivery of copies of it; and

(b) section 64 of the Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgement did not contain any such expression of contrary intention as is mentioned in that section.

(3) Where the land or other property is situated in Scotland, subsections (1) and (2) of section 16 of the Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) shall have effect in relation to the transfer as if the transfer had been effected by deed and as if from each of those subsections the words “unless specially qualified" were omitted.

(4) Where the land or other property is situated in Northern Ireland—

(a) the transferor shall be deemed to have given to the transferee an acknowledgement in writing of the right of the transferee to production of that document and to delivery of copies of it; and

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