Railways Act 1993

Changes over time for: Section 136

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Railways Act 1993, Section 136 is up to date with all changes known to be in force on or before 30 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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s. 13B(7) inserted by 2024 c. 13 Sch. 30 para. 18(5)
s. 15C(5) inserted by 2024 c. 13 Sch. 30 para. 19(5)
s. 16(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 6(4)(b) (as substituted) by S.I. 2019/1245 reg. 23 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
s. 67(11) inserted by 2024 c. 13 Sch. 29 para. 10
s. 145(3)(w) inserted by 2024 c. 13 Sch. 30 para. 20(b)
s. 145(3)(qu) omitted by 2024 c. 13 Sch. 30 para. 20(a)
Sch. 4A para. 10A(7) inserted by 2024 c. 13 Sch. 30 para. 22(5)
Sch. 4A para. 15(5) inserted by 2024 c. 13 Sch. 30 para. 23(5)

136 Grants and subsidies.E+W+S

(1)The Secretary of State [F1and the Scottish Ministers shall each] be the competent authority of Great Britain in relation to the railways financial status regulations.

(2)The Secretary of State[F2, the Scottish Ministers and, to the extent specified in subsection (2A) below, the National Assembly for Wales shall each be] the competent authority of Great Britain, in relation to persons who operate services for the carriage of goods by railway, for the purposes of the public service obligations regulations.

[F3(2A)For the purposes of subsection (2) above the National Assembly for Wales shall only be the competent authority in relation to services for the carriage of goods by railway which are operated within Wales.]

[F4(2B)Subsections (2) and (2A) cease to have effect on 3rd December 2012.]

(3)The following persons, that is to say—

(a)the Secretary of State,

[F5(aa)the Scottish Ministers,

(ab)to the extent specified in subsection (3A) below, [F6the Welsh Ministers],]

(b)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)to the extent specified in subsection (4) below, every Passenger Transport Executive, and

(d)to the extent specified in subsection (5) below—

(i)every non-metropolitan county or district council in England or in Wales and every [F8council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] in Scotland, and

(ii)every London borough council and the Common Council of the City of London,

shall each be the competent authority of Great Britain in relation to passenger service operators for the purposes of the public service obligations regulations.

[F9(3A)For the purposes of subsection (3) above [F10the Welsh Ministers] shall only be the competent authority in relation to services for the carriage of passengers by railway which—

(a)are Welsh services (within the meaning of the Railways Act 2005); or

(b)are provided under a franchise agreement to which [F11the Welsh Ministers are] a party.]

(4)For the purposes of subsection (3) above, a Passenger Transport Executive shall only be the competent authority in relation to those railway passenger services [F12which the Executive provide, or secure are provided, in exercise of their powers under section 10(1) of the Transport Act 1968 or section 13 of the Railways Act 2005].

(5)For the purposes of subsection (3) above—

(a)a council falling within paragraph (d)(i) of that subsection shall only be the competent authority in relation to those railway passenger services whose provision the council secures under section 63 of the M1Transport Act 1985 (passenger transport in areas other than [F13integrated transport areas and] passenger transport areas); and

(b)a council falling within paragraph (d)(ii) of that subsection shall only be the competent authority in relation to those railway passenger services in respect of which the council enters into and carries out agreements under [F14section 177 of the Greater London Authority Act 1999] (provision of extra transport services in London).

(6)The Secretary of State F15... [F16may] F15... , as competent authority by virtue of subsection (3) above, give directions to any passenger service operator imposing on him obligations with respect to the provision or operation of railway passenger services.

(7)It shall fall to the Secretary of State F17. . . to make any payments of compensation which are required to be made to a passenger service operator by any provision of the public service obligations regulations in respect of any obligations imposed on that operator by directions under subsection (6) above, and the Secretary of State F17. . . may, subject to and in accordance with the provisions of those regulations, determine the manner of calculating, and the conditions applicable to, those payments.

(8)The power of giving directions under subsection (6) above shall be so exercised that the aggregate amount of any compensation payable under the public service obligations regulations, for periods ending after 1st April 1992, in respect of all obligations imposed by directions under that subsection shall not exceed £3,000 million or such greater sum not exceeding £5,000 million as the Secretary of State may by order specify.

(9)A statutory instrument containing an order under subsection (8) above shall not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.

(10)Without prejudice to any right which the Secretary of State F17. . . may have under this Act to bring civil proceedings in respect of any contravention or apprehended contravention of any directions under subsection (6) above, the obligations imposed by any such directions shall not give rise to any form of duty or liability enforceable against a passenger service operator by proceedings before any court to which the passenger service operator would not otherwise be subject.

(11)In this section—

[F18“the public service obligations regulations” means the Public Service Obligations in Transport Regulations 2023;]
“the railways financial status regulations” means Council Regulation (EEC) No. 1192/69 on common rules with respect to the financial status of railway undertakings.

(12)Expressions used in this section and in Part I above have the same meaning in this section as they have in that Part.

(13)Section 3 of the M2Railways Act 1974 (which is superseded by this section) shall cease to have effect.

Textual Amendments

F1Words in s. 136(1) substituted (8.6.2005) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 14(1); S.I. 2005/1444, art. 2(1), Sch. 1

F2Words in s. 136(2) substituted (8.6.2005) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 14(2); S.I. 2005/1444, art. 2(1), Sch. 1

F3S. 136(2A)inserted (8.6.2005) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 14(3); S.I. 2005/1444 {art. 2(1)}, Sch. 1

F4S. 136(2B) inserted (18.3.2010) by The Railways (Public Service Obligations) Regulations 2010 (S.I. 2010/402), regs. 1, 2(2)

F5S. 136(3)(aa)(ab) inserted (8.6.2005) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 14(4); S.I. 2005/1444, art. 2(1), Sch. 1

F6Words in s. 136(3)(ab) substituted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(viii), Sch. para. 30(2)

F7S.136(3)(c) repealed (1.12.2006) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)