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- Original (As enacted)
This version of this schedule contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Railways Act 1993, SCHEDULE 12 is up to date with all changes known to be in force on or before 08 November 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Section 152.
Commencement Information
I1Sch. 12 is partly in force; Sch. 12 not in force at Royal Assent, see s. 154(2); Sch. 12 n force at 6.1.1994 for specified purposes by S.I. 1993/3237, art.1; Sch. 12 in force at 1.4.1994 for specified purposes by S.I. 1994/571, art. 5
1E+W+SSection 6 of the M1Regulation of Railways Act 1889 (which provides that every passenger ticket issued by any railway company in the United Kingdom shall show on its face the fare chargeable for the journey for which it was issued) shall cease to have effect.
Marginal Citations
2(1)In section 1 of the M2Railway Fires Act 1905 (liability of railway companies to make good damage to crops caused by their engines), after subsection (2) there shall be inserted—E+W+S
“(2A)Any reference in subsection (2) above to a “company” includes a reference to any person—
(a)who holds a network licence, station licence or light maintenance depot licence under Part I of the Railways Act 1993; or
(b)who is exempt, by virtue of a licence exemption under section 7 of that Act, from the requirement to be authorised by licence under that Part to be the operator of a network, station or light maintenance depot.
(2B)A person such as is mentioned in subsection (2A) above shall be regarded for the purposes of subsection (2) above as working a railway which consists of the track (if any) comprised in any network, station or light maintenance depot of which he lawfully acts as the operator by virtue of the licence or licence exemption in question.”
(2)In section 4 of that Act (definitions and application) after the definition of “ railway ” there shall be inserted— “The expression “railway company” includes any person—
(a)who holds a licence under Part I of the Railways Act 1993; or
(b)who is exempt, by virtue of a licence exemption under section 7 of that Act, from the requirement to be authorised by licence under that Part to be the operator of a railway asset;
The expressions “light maintenance depot”, “network”, “operator”, “railway asset”, “station” and “track” have the same meaning as they have in Part I of the Railways Act 1993.”
Marginal Citations
3E+W+SIn section 2 of the M3Railway Fires Act (1905) Amendment Act 1923 (conditions precedent to application of the Act of 1905) after the words “any railway company" there shall be inserted the words “ (as defined in section 4 of that Act) ”.
Marginal Citations
4U.K.Section 43 of the M4British Transport Commission Act 1950 (power to supply railway equipment to the Ulster Transport Authority) shall cease to have effect.
Marginal Citations
5(1)The M5Transport Act 1962 shall be amended in accordance with this paragraph.U.K.
(2)The following provisions shall cease to have effect, that is to say—
(a)section 4(1)(b), (2) and (7) (which relate to the provision by the Board of certain services for the carriage of goods by road),
(b)section 5 (which gives the Board power to provide certain air transport services),
(c)section 13(3) (saving for section 43 of the British Transport Commission Act 1950), and
(d)section 53 (complaints by operators of coastal shipping about the Board’s railway charges).
(3)In section 12 (power of the Boards to construct and operate pipe-lines), in subsection (1), after the words “the Boards" there shall be inserted the words “ , other than the Railways Board, ”.
(4)In section 14(4), after the words “Each of the Boards" there shall be inserted the words “ , except the Railways Board, ”.
Marginal Citations
6(1)The M6Transport Act 1968 shall be amended in accordance with this paragraph.U.K.
(2)In section 42 of that Act, subsection (3) (which confers power to vary commencing capital debt of the Board to take account of transfers under section 7(5) or (6) or 8(4) of that Act and which is spent) shall be omitted.
(3)Section 45 of that Act (duty of the Board periodically to review its organisation) shall cease to have effect.
(4)Section 48 of that Act (which confers power on the Boards and the new authorities to undertake activities including manufacture for sale) shall cease to have effect in relation to the Board.
(5)In section 50 of that Act—
(a)subsection (2) (power of the Board to provide and manage hotels) shall cease to have effect;
(b)in subsection (4), for the words “In subsections (2) and (3) of this section the references to hotels include references" there shall be substituted the words “ In subsection (3) of this section the reference to hotels includes a reference ”; and
(c)subsection (7) (which confers power on the Boards and the new authorities to provide technical advice and assistance and which is superseded, in the case of the Board, by section 127 of this Act) shall cease to have effect in relation to the Board.
(6)In section 55 of that Act (amendments concerning Transport Consultative Committees under section 56 of the M7Transport Act 1962), in subsection (1) (services and facilities in relation to which Consultative Committees’ duties are to apply)—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the following shall be omitted, namely—
(i)in paragraph (a), the words from “or provided" onwards,
(ii)paragraph (b),
(iii)paragraphs (i) and (iii), and
(iv)the words from “and for the purposes" onwards,
and subsections (2), (3) and (4) (duties of Consultative Committees in relation to certain services and facilities provided in Scotland, and provision as to office accommodation for, defrayment of expenditure incurred by, and certain payments to members of, Consultative Committees) shall cease to have effect.
F1(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 12 para. 6(6)(a)(7) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
Commencement Information
I2Sch. 12 para. 6 wholly in force at 1.4.1994; para. 6 not in force at Royal Assent see s. 154(2); para. 6(1)-(5)(7) in force at 6.1.1994 by S.I. 1993/3237, art. 2(2); Sch. 12 para. 6 in force at 1.4.1994 insofar as not already in force by S.I. 1994/571, art. 5
Marginal Citations
7U.K.F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 12 para. 7 repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 10)
8U.K.F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 12 para. 8 repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 10)
9U.K.In the M8Railways Act 1974, section 9 (which provides for an alternative basis of remuneration for chairmen of Consultative Committees set up under section 56 of the M9Transport Act 1962) shall cease to have effect.
10U.K.In section 41(1) of the M10Restrictive Trade Practices Act 1976 (exceptions from the general restriction on the disclosure of information obtained under or by virtue of that Act), in paragraph (a)—
(a)after the words “the Director General of Electricity Supply for Northern Ireland" (which were inserted by paragraph 16(a) of Schedule 12 to the M11Electricity (Northern Ireland) Order 1992) there shall be inserted the words “ the Rail Regulator ”; and
(b)after the words “Courts and Legal Services Act 1990" there shall be inserted the words “ or the Railways Act 1993 ”.
11U.K.F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 12 para. 11 repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 10)
12(1)In section 11 of the M12Competition Act 1980, in subsection (3) (public bodies and other persons who may be the subject of a reference to the Monopolies Commission under that section), after paragraph (a) there shall be inserted—U.K.
“(aa)any publicly owned railway company, within the meaning of the Railways Act 1993, which supplies network services or station services, within the meaning of Part I of that Act; or”.
(2)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 12 para. 12(2)(3) repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 10)
Marginal Citations
13(1)In subsection (2) of section 101 of the M13Telecommunications Act 1984 (which provides that the general restriction, in subsection (1) of that section, on the disclosure of information obtained under or by virtue of that Act does not apply in relation to the performance by certain authorities of their functions under the provisions listed in subsection (3) of that section) in paragraph (b), after the words “the Director General of Electricity Supply for Northern Ireland" (which were inserted by paragraph 29(a) of Schedule 12 to the M14Electricity (Northern Ireland) Order 1992) there shall be inserted the words “ the Rail Regulator ”.U.K.
(2)In subsection (3) of that section (list of provisions referred to in subsection (2) of that section) after paragraph (l) (which was inserted by paragraph 29(b) of Schedule 12 to the M15Electricity (Northern Ireland) Order 1992) there shall be added—
“(m)the Railways Act 1993”.
14(1)Section 2 of the M16London Regional Transport Act 1984 (provision of passenger transport services for Greater London) shall be amended in accordance with the following provisions of this paragraph.U.K.
(2)In subsection (1) (which requires London Regional Transport, in conjunction with the Board, to provide or secure the provision of public passenger transport services in Greater London), before the words “in conjunction with the Railways Board" there shall be inserted the words “ (if and to the extent that the Railways Board continues to be under a duty by virtue of section 3 of the M17Transport Act 1962 to provide railway services in Greater London) ”.
(3)At the beginning of subsection (3) (duty of London Regional Transport and the Board to co-operate for the purpose of co-ordinating services etc) there shall be inserted the words “ If and so long as the Railways Board continues to be under a duty by virtue of section 3 of the M18Transport Act 1962 to provide railway services in Greater London, ”.
(4)After that subsection there shall be inserted—
“(3A)It shall be the duty of London Regional Transport (either acting directly, or acting indirectly through subsidiaries of theirs) and the Franchising Director to co-operate with one another in the exercise and performance of their respective functions for the purpose—
(a)of co-ordinating the passenger transport services for persons travelling within, to, or from Greater London—
(i)which are provided by London Regional Transport or their subsidiaries; and
(ii)which are provided under franchise agreements, or whose provision is secured by the Franchising Director pursuant to section 30, 37 or 38 of the Railways Act 1993; and
(b)of securing or facilitating the proper discharge of London Regional Transport’s duty under subsection (1) above;
and to afford to one another such information as to the services mentioned in paragraph (a) above as may reasonably be required for those purposes.”
(5)In subsection (4) (power of London Regional Transport and the Board to enter into arrangements for the purposes of the co-operation required by the section)—
(a)for the words “subsection (3) above" there shall be substituted the words “subsection (3) or, as the case may be, subsection (3A) above—
(a)”; and
(b)after the words “the Railways Board" there shall be inserted the words “or
(b)London Regional Transport and the Franchising Director,”.
(6)After that subsection there shall be inserted—
“(4A)The references in subsections (3A) and (4) above to the respective functions of London Regional Transport and the Franchising Director shall be taken, in the case of the functions of the Franchising Director, as a reference to—
(a)his functions under sections 23 to 31 of the Railways Act 1993 (franchising of passenger services); and
(b)the duties imposed upon him by sections 37 and 38 of that Act (discontinuance of railway passenger services) to secure the provision of services.”
Commencement Information
I3Sch. 12 para. 14 wholly in force at 1.4.1994; para. 14 not in force at Royal Assent see s. 154(2); para. 14(1)-(3) in force at 6.1.1994 by S.I. 1993/3237, art. 2(2); Sch. 12 para. 14 in force at 1.4.1994 insofar as not already in force by S.I. 1994/ 571, art. 5
Marginal Citations
15E+WIn section 7 of that Act (planning of passenger transport services for Greater London) in subsection (4) (which specifies the persons with whom London Regional Transport are to consult in preparing statements under that section)—
(a)after paragraph (a), there shall be inserted—
“(aa) the Franchising Director;”; and
(b)for the word “and" at the end of paragraph (c) there shall be substituted—
“(cc) such other persons as the Secretary of State may specify in a direction given to London Regional Transport; and”.
16E+WIn section 31 of that Act (duty of Board to consult London Regional Transport as to fares and services in London) for the words “The Railways Board shall" there shall be substituted the words “ If and so long as the Railways Board continues to be under a duty by virtue of section 3 of the M19Transport Act 1962 to provide railway services in Greater London, the Board shall ”.
Marginal Citations
17E+WAfter that section there shall be inserted—
The Franchising Director shall from time to time consult with London Regional Transport as to—
(a)the general level and structure of the fares to be charged for the carriage of passengers by railway on journeys wholly within Greater London on services—
(i)which are, or are to be, provided under franchise agreements; or
(ii)whose provision the Franchising Director is under a duty to secure, by virtue of section 30, 37 or 38 of the Railways Act 1993; and
(b)the general level of the provision to be made for such journeys.”
18(1)Section 40 of that Act shall have effect with the following amendments.E+W
(2)Without prejudice to the continuing validity of appointments made before the coming into force of this sub-paragraph, for subsection (2) (appointment of chairman and members by the Secretary of State) there shall be substituted—
“(2)The Committee shall consist of—
(a)a chairman, appointed by the Secretary of State after consultation with the Rail Regulator; and
(b)such other members (not exceeding thirty) as the Secretary of State may appoint after consultation with the Rail Regulator and the chairman.”
(3)In subsection (4), there shall be omitted—
(a)the words “ Subject to subsection (6) below, ”; and
(b)paragraph (c) (which confers functions with respect to matters affecting the services and facilities provided by the Board or any subsidiary of theirs) and the word “ or ” immediately preceding it.
(4)In subsection (5)—
(a)in paragraph (b) (which provides that a matter falls to be considered by the committee if it has been referred to it by certain persons or bodies), for the words “by London Regional Transport or by the Railways Board" there shall be substituted the words “ or by London Regional Transport ”; and
(b)the words following paragraph (c) (which relate to services provided by the Board or its subsidiaries) shall be omitted.
(5)Subsection (6) (which precludes the committee from considering charges for services and questions relating to the discontinuance or reduction of railway services) shall be omitted.
(6)In subsection (7), paragraph (b) (which requires copies of the committee’s minutes, requirements and recommendations in the case of certain matters affecting the Board to be sent to the Board) shall be omitted.
(7)In subsection (8) (power of the Secretary of State to give directions to certain bodies) the words “or (as the case may require) to the Railways Board” shall be omitted.
(8)In subsection (9) (requirement for certain bodies and persons to give notice of certain decisions to the committee) the words “the Railways Board” shall be omitted.
(9)In subsection (10) (committee to make annual report to the Secretary of State), after the words “Secretary of State” where first occurring there shall be inserted the words “ and the Rail Regulator ”.
(10)In subsection (11) (certain companies not to be treated as subsidiaries of certain bodies), the words “or the Railways Board” shall be omitted.
19E+WSection 41 of that Act (which provides for the committee to be treated as an Area Transport Users’ Consultative Committee for certain purposes and which makes other provision in connection therewith) shall cease to have effect.
20E+WIn section 59 of that Act (which confers power on London Borough Councils and the Common Council to enter into certain agreements with the Board) for the words “the Railways Board" there shall be substituted—
“(a)the Railways Board,
(b)the Franchising Director, or
(c)any person who is the holder of a passenger licence, a network licence or a station licence, within the meaning of Part I of the Railways Act 1993,”.
21E+WIn section 68 of that Act (interpretation) the following definitions shall be inserted at the appropriate places—
(a)“ “franchise agreement” has the same meaning as in Part I of the Railways Act 1993; ”; and
(b)“ “the Franchising Director” means the Director of Passenger Rail Franchising; ”.
22(1)In Schedule 3 to that Act, in paragraph 5 (Secretary of State to provide the committee with funds with which to meet certain expenses) after sub-paragraph (2) there shall be added—E+W
“(3)The Committee shall prepare and send to the Secretary of State not less than two months, or such other period as the Secretary of State may specify, before the beginning of each financial year a statement of the expenses which they expect to incur in respect of that year for the purposes of, or in connection with, the carrying on of their functions.
(4)The Secretary of State shall consider any statement sent to him under sub-paragraph (3) above and shall either approve the statement or approve it with such modifications as he considers appropriate.”
(2)In paragraph 9 of that Schedule, at the end of sub-paragraph (3) (which requires minutes to be kept of the proceedings of every meeting of the committee) there shall be added the words “ ; and copies of those minutes shall be sent to the Secretary of State, the Rail Regulator and the Central Rail Users’ Consultative Committee. ”
(3)In sub-paragraph (4) of that paragraph (power of committee to determine own procedure) after the words “Subject to the preceding provisions of this paragraph" there shall be inserted the words “ and the provisions of paragraph 11A below ” and after paragraph 11 of that Schedule there shall be inserted—
11A(1)Subject to sub-paragraph (2) below, meetings of the 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 Rail Regulator or the Franchising Director would be disclosed in breach of the obligation of confidence;
(b)the 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; or
(c)it is likely, were members of the public to be present during that item, that there would be disclosed to them—
(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,
where public disclosure of that matter would or might, in the opinion of the committee, seriously and prejudicially affect the interests of that individual or body.
(3)The Committee shall give such notice—
(a)of any meeting of the 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.”.
23(1)In subsection (2) of section 74 of the M20Airports Act 1986 (which provides that the general restriction, in subsection (1) of that section, on the disclosure of information obtained under or by virtue of that Act does not apply in relation to the performance by certain authorities of their functions under the provisions listed in subsection (3) of that section) in paragraph (a), after the words “the Director General of Electricity Supply for Northern Ireland" (which were inserted by paragraph 30(a) of Schedule 12 to the M21Electricity (Northern Ireland) Order 1992) there shall be inserted the words “ the Rail Regulator ”.U.K.
(2)In subsection (3) of that section (list of provisions referred to in subsection (2) of that section) after paragraph (m) (which was inserted by paragraph 30(b) of Schedule 12 to the M22Electricity (Northern Ireland) Order 1992) there shall be added—
“(n)the Railways Act 1993”.
24(1)In subsection (2) of section 42 of the M23Gas Act 1986 (which provides that the general restriction, in subsection (1) of that section, on the disclosure of information obtained under or by virtue of that Act does not apply in relation to the performance by certain authorities of their functions under the provisions listed in subsection (3) of that section) in paragraph (b), after the words “the Director General of Electricity Supply" there shall be inserted the words “ the Rail Regulator ”.U.K.
(2)In subsection (3) of that section (list of provisions referred to in subsection (2) of that section) after paragraph (m) there shall be added—
“(n)the Railways Act 1993”.
Marginal Citations
25U.K.In section 413 of the M24Insolvency Act 1986, at the end of subsection (2) (which imposes a requirement to consult with the Insolvency Rules Committee, except in the case of certain provisions there specified) there shall be added the words “ or by any of sections 59 to 65 of, or Schedule 6 or 7 to, the Railways Act 1993. ”
Marginal Citations
26U.K.F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 12 para. 26 repealed (20.6.2003) by 2002 c. 40, ss. 278, 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 10)
27U.K.In Schedule 6 to the M25Channel Tunnel Act 1987, in paragraph 2 (sections 4 and 6 of the M26Regulation of Railways Act 1889 not to apply to Concessionaires and through service operators, within the meaning of that Act), for the word “Sections" there shall be substituted the word “ Section ”.
28(1)In subsection (2) of section 57 of the M27Electricity Act 1989 (which provides that the general restriction, in subsection (1) of that section, on the disclosure of information obtained under or by virtue of that Act does not apply in relation to the performance by certain authorities of their functions under the provisions listed in subsection (3) of that section) in paragraph (b), after sub-paragraph (vii) there shall be inserted—U.K.
“(viia)the Rail Regulator;”.
(2)In subsection (3) of that section (list of provisions referred to in subsection (2) of that section) after paragraph (n) there shall be added—
“(nn) the Railways Act 1993”.
Marginal Citations
29U.K.In section 10 of the M28New Roads and Street Works Act 1991 (application of the M29Fair Trading Act 1973 etc in relation to persons authorised by virtue of that Act to charge tolls for the use of roads), in subsection (2), paragraph (b) (which provides that, for certain purposes, section 51(3) of the M30Fair Trading Act 1973 is to have effect as if the Secretary of State for Transport were among the Ministers listed in that provision, and which is superseded by the amendment made by section 66(2) of this Act), and the word “and" immediately preceding it, shall cease to have effect.
30U.K.In the M31Water Industry Act 1991 (subsection (3)(d) of section 206 of which provides that the general restriction contained in subsection (1) of that section on the disclosure of certain information obtained under or by virtue of that Act does not apply in relation to disclosures facilitating the performance by persons mentioned in Part I of Schedule 15 to that Act of their functions under the provisions listed in Part II of that Schedule), in Schedule 15—
(a)in Part I, after the entry relating to the Director General of Electricity Supply, there shall be inserted the entry—
“The Rail Regulator”; and
(b)in Part II, after the entry relating to the Electricity Act 1989, there shall be inserted the entry—
“The Railways Act 1993”.
Marginal Citations
31U.K.In the M32Water Resources Act 1991 (subsection (2)(d) of section 204 of which provides that the general restriction contained in subsection (1) of that section on the disclosure of certain information obtained under or by virtue of that Act does not apply in relation to disclosures facilitating the performance by persons mentioned in Part I of Schedule 24 to that Act of their functions under the provisions listed in Part II of that Schedule), in Schedule 24—
(a)in Part I, after the entry relating to the Director General of Electricity Supply, there shall be inserted the entry—
“The Rail Regulator”; and
(b)in Part II, after the entry relating to the Electricity Act 1989, there shall be inserted the entry—
“The Railways Act 1993”.
Marginal Citations
Prospective
32U.K.The M33British Coal and British Rail (Transfer Proposals) Act 1993 (which provides for the Board and the British Coal Corporation to have certain powers to act to facilitate the implementation of proposals of the Secretary of State to transfer property, rights, liabilities or functions of the Board or that Corporation to other persons or bodies) shall cease to have effect, so far as relating to the Board.
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