- Latest available (Revised)
- Original (As enacted)
Railways Act 1993, Section 76 is up to date with all changes known to be in force on or before 02 September 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):
(1)It shall be the duty of [F2the Passengers’ Council] to investigate any matter which relates—
[F3(a)to the provision of railway passenger services, or]
(b)to the provision of station services by any person in a case where the operator of the station in question is authorised by a licence to be the operator of that station,
if the condition specified in subsection (2) below is satisfied in relation to the matter in question.
(2)The condition mentioned in subsection (1) above is satisfied if—
(a)the matter is the subject of a representation made to [F2the Passengers’ Council] by a user or potential user of railway passenger services and does not appear to [F2the Passengers’ Council] to be frivolous or vexatious;
(b)the matter is referred to [F2the Passengers’ Council] by the [F4Secretary of State]; or
(c)the matter appears to [F2the Passengers’ Council] to be one which it ought to investigate.
[F5(2A)If any matter falling within subsection (2)(a) appears to [F2the Passengers’ Council] to relate only to—
(a)the provision of railway passenger services wholly within the London railway area (within the meaning of section 252A of the Greater London Authority Act 1999), or
(b)the provision of station services within that area,
that Council must refer the matter to the London Transport Users' Committee.]
F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)If, on investigating any matter, [F2the Passengers’ Council] considers it appropriate to do so, [F2the Passengers’ Council] shall make representations to the person providing the [F7secured service (within the meaning of Part 4 of the Railways Act 2005) which is] in question and—
(a)in the case of a service provided under a franchise agreement, to the franchisee, or
(b)in the case of a service provided on behalf of the [F4Secretary of State], to the [F4Secretary of State],
about the matter, or any matter to which it relates or which appears to [F2the Passengers’ Council] to be relevant to the subject of the matter investigated.
(5)Where [F2the Passengers’ Council]—
(a)having made representations under subsection (4) above, is of the opinion that it is unable to achieve a satisfactory resolution of the matter by that means, or
(b)on investigating any matter, has reason to believe that [F8a franchisee is contravening, or is likely to contravene, any term of the franchise agreement or that] the holder of a passenger licence or a station licence is contravening, or is likely to contravene, any condition of the licence,
[F2the Passengers’ Council] shall[F9, unless representations about the matter have been made to the [F4Secretary of State] by [F2the Passengers’ Council], refer it to the [F4Secretary of State] with a view to the [F4Secretary of State] exercising such of [F10his] powers as [F11he] considers appropriate in the circumstances of the case.].
[F12(5A)But if the [F4Secretary of State] considers that it would be more appropriate for a matter referred to it by [F2the Passengers’ Council] to be considered by [F13the Office of Rail and Road], the [F4Secretary of State] shall refer it to [F13the Office of Rail and Road], with a view to [F14it] exercising such of [F15its] powers as [F14it] considers appropriate in the circumstances of the case.]
(6)Where [F2the Passengers’ Council] investigates any matter—
(a)it may prepare, and send to the Secretary of State [F16or the Welsh Ministers] F17. . . , a report of its findings; and
(b)it may publish any such report, unless the matter in question is one which was referred to [F2the Passengers’ Council] by the [F4Secretary of State] as mentioned in subsection (2)(b) above.
(7)Where [F2the Passengers’ Council] has investigated any matter under this section, it shall neither—
(a)include in any report or representations a proposal for any steps to be taken by any person in relation to that matter, nor
(b)refer the matter to the [F4Secretary of State] under subsection (5)(a) above by reason only of the failure of any person to take any steps in relation to that matter,
unless, balancing the cost of taking those steps against the benefits which [F2the Passengers’ Council] considers will be enjoyed by any person in consequence of the taking of those steps, [F2the Passengers’ Council] is of the opinion, on the basis of the information available to it, that the expenditure involved represents good value for money.
[F18(7A)It shall also be the duty of [F2the Passengers’ Council], so far as it appears expedient from time to time to do so—
(a)to keep under review matters affecting the interests of the public in relation to railway passenger services and station services;
(b)to make representations to, and consult, such persons as they think appropriate about those matters; and
(c)to co-operate with other bodies representing the interests of users of public passenger transport services.
(7B)The Secretary of State may, after consultation with [F2the Passengers’ Council], make an order excluding services from the duties imposed by this section; and an order under this subsection—
(a)may exclude services of a particular class or description, particular services or services provided by a particular person;
(b)may provide that services are excluded subject to compliance with specified conditions; and
(c)may not revoke an exclusion except for breach of condition or in accordance with the order which made it.
(7C)The Secretary of State may, after consultation with [F2the Passengers’ Council], make an order providing that the duties imposed by this section apply to services of a particular class or description, particular services or services provided by a particular person—
(a)only to such extent as is specified by the order; or
(b)with such modifications as are so specified.]
F19(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)In this section, any reference to railway passenger services includes a reference to bus substitution services required to be provided in place of any such services; F20. . . .
Textual Amendments
F1Words in s. 76 heading substituted (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 6(3)(b)
F2Words in s. 76 substituted (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 6(3)(a)
F3S. 76(1)(a) substituted (29.7.2003) by 2000 c. 38, ss. 228(2), 275(1); S.I. 2003/1694, art. 2
F4Words in s. 76 substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 32(1); S.I. 2005/1909, art. 2, Sch.
F5S. 76(2A) inserted (24.7.2005) by Railways Act 2005 (c. 14), ss. 21, 60, Sch. 6 para. 5; S.I. 2005/1909, art. 2, Sch.
F6S. 76(3) repealed (24.7.2005) 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. 2005/1909, art. 2, Sch.
F7Words in s. 76(4) substituted (1.12.2006 for certain purposes and otherwise prosp.) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 32(2); S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)
F8Words in s. 76(5)(b) inserted (29.7.2003) by 2000 c. 38, ss. 228(3)(a), 275(1); S.I. 2003/1694, art. 2
F9Words in s. 76(5) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 20(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F10Word in s. 76(5) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 32(3)(a); S.I. 2005/1909, art. 2, Sch.
F11Word in s. 76(5) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 32(3)(b); S.I. 2005/1909, art. 2, Sch.
F12S. 76(5A) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 20(4); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F13Words in s. 76(5A) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(ww)
F14Word in s. 76 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)
F15Word in s. 76 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(c) Table}; S.I. 2004/827, art. 4(g)
F16Words in s. 76(6)(a) inserted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(vi), Sch. para. 25 (with art. 3)
F17Words in s. 76(6)(a) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 32(4), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
F18S. 76(7A)-(7C) inserted (29.7.2003) by 2000 c. 38, ss. 228(4), 275(1); S.I. 2003/1694, art. 2
F19S. 76(8) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 32(5), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
F20Words in s. 76(9) 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)
Modifications etc. (not altering text)
C1S. 76 excluded (30.11.2000) by 2000 c. 38, s. 253, Sch. 28 para. 10
C2Ss. 76, 77 applied (1.4.1994) by 1993 c. 43, ss. 47(2)(d)(4)(d), 152(2), 154(2), Sch. 13 para. 3(2) (modifying 1985 c. 67, s. 123); S.I. 1994/571, art. 5
C3S. 76 applied (with modifications) (29.7.2003) by The Merseyrail Electrics Network Order 2003 (S.I. 2003/1696), art. 3
C4S. 76 modified (25.6.2010) by The Rail Passengers Rights and Obligations Regulations 2010 (S.I. 2010/1504), regs. 1(2), 18(2)
C5S. 76(5) applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 17
C6S. 7(6)(a): certain functions made exercisable by the Scottish Ministers concurrently with the Minister concerned (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2; S.I. 1998/3178, art. 3
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: