- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (08/06/2005)
- Gwreiddiol (Fel y'i Deddfwyd)
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Railways Act 1993, Section 136 is up to date with all changes known to be in force on or before 14 August 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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(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.]
(3)The following persons, that is to say—
(a)the Secretary of State,
[F4(aa)the Scottish Ministers,
(ab)to the extent specified in subsection (3A) below, the National Assembly for Wales,]
(b)the [F5Authority],
(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 [F6council 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.
[F7(3A)For the purposes of subsection (3) above the National Assembly for Wales 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 the Assembly is 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—
(a)which the Executive provides, or secures are provided, by virtue of section 10(1) or 20(2)(b) of the M1Transport Act 1968; or
(b)which, in consequence of their being specified in a statement submitted to the [F5Authority] under subsection (5) of section 34 above, are provided under a franchise agreement to which the Executive is a party.
(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 M2Transport Act 1985 (passenger transport in areas other than 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 [F8section 177 of the Greater London Authority Act 1999] (provision of extra transport services in London).
(6)The Secretary of State and the [F9Authority may each,] 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 or the [F10Authority] 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 or the [F10Authority] 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 or the [F11Authority] 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—
“the public service obligations regulations” means Council Regulation (EEC) No. 1191/69 on public service obligations in transport, as amended by Council Regulation (EEC) No. 1893/91;
“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 M3Railways 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(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
F5Words in s. 136(3)(b)(4)(b) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 51(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115)
F6Words in s. 136(3)(d)(i) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 184(2); S.I. 1996/323, art. 4(1)(c)
F7S. 136(3A) inserted (8.6.2005) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 14(5); S.I. 2005/1444 {art. 2(1)}, Sch. 1
F8Words in s. 136(5)(b) substituted (15.7.2003) by The Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615), art. 2, Sch. 1 para. 19
F9Words in s. 136(6) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 51(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115)
F10Words in s. 136(7) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 51(4); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115)
F11Word in s. 136(10) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 51(5); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115)
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