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Railways Act 1993

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part I The Provision of Railway Services

    1. Introductory

      1. 1.The Rail Regulator and the Director of Passenger Rail Franchising

      2. 2.Rail users' consultative committees

      3. 3.The Central Rail Users' Consultative Committee

      4. 4.General duties of the Secretary of State and the Regulator

      5. 5.General duties of the Franchising Director

    2. Licensing of operators of railway assets

      1. 6.Prohibition on unauthorised operators of railway assets

      2. 7.Exemptions from section 6

      3. 8.Licences

      4. 9.Conditions of licences: general

      5. 10.Conditions of licences: activities carried on by virtue of a licence exemption

      6. 11.Assignment of licences

    3. Modification of licences

      1. 12.Modification by agreement

      2. 13.Modification references to the Monopolies Commission

      3. 14.Reports on modification references

      4. 15.Modification following report

      5. 16.Modification by order under other enactments

    4. Access agreements

      1. 17.Access agreements: directions requiring facility owners to enter into contracts for the use of their railway facilities

      2. 18.Access agreements: contracts requiring the approval of the Regulator

      3. 19.Access agreements: contracts for the use, on behalf of the Franchising Director, of installations comprised in a network

      4. 20.Exemption of railway facilities from sections 17 and 18

      5. 21.Model clauses for access contracts

      6. 22.Amendment of access agreements

    5. Franchising of passenger services

      1. 23.Passenger services to be subject to franchise agreements

      2. 24.Exemption of passenger services from section 23(1)

      3. 25.Public sector operators not to be franchisees

      4. 26.Invitations to tender for franchises

      5. 27.Transfer of franchise assets and shares

      6. 28.Fares and approved discount fare schemes

      7. 29.Other terms and conditions of franchise agreements

      8. 30.Failure to secure subsequent franchise agreement

      9. 31.Leases granted in pursuance of franchise agreements: no security of tenure

    6. Passenger Transport Authorities and Executives

      1. 32.Power of Passenger Transport Executives to enter into agreements with wholly owned subsidiaries of the Board

      2. 33.Re-negotiation of section 20(2) agreements as a result of this Act

      3. 34.Passenger Transport Authorities and Executives: franchising

      4. 35.Termination and variation of section 20(2) agreements by the Franchising Director

      5. 36.Miscellaneous amendments of the Transport Act 1968

    7. Closures

      1. 37.Proposals to discontinue non-franchised etc. passenger services

      2. 38.Proposals to discontinue franchised etc. passenger services

      3. 39.Notification of proposals to close operational passenger networks

      4. 40.Proposals to close passenger networks operated on behalf of the Franchising Director

      5. 41.Notification of proposals to close railway facilities used in connection with passenger services

      6. 42.Proposals to close passenger railway facilities operated on behalf of the Franchising Director

      7. 43.Notification to, and functions of, the Regulator and the relevant consultative committees

      8. 44.Reference to the Secretary of State of decisions of the Regulator concerning proposed closures

      9. 45.Closure conditions: general

      10. 46.Variation of closure conditions

      11. 47.Bus substitution services etc

      12. 48.Experimental railway passenger services

      13. 49.Abolition of former closure procedures, exemptions from new procedures and imposition of alternative procedure

      14. 50.Exclusion of liability for breach of statutory duty

    8. Supplementary powers of the Franchising Director etc.

      1. 51.Performance of the Franchising Director’s duties to secure the provision of services etc

      2. 52.Contracts between the Franchising Director and the Board etc. for the provision of non-franchised railway passenger services

      3. 53.Powers of the Franchising Director to form and finance companies and to acquire and dispose of assets

      4. 54.Exercise of functions for purpose of encouraging investment in the railways

    9. Enforcement by the Regulator and the Franchising Director

      1. 55.Orders for securing compliance

      2. 56.Procedural requirements

      3. 57.Validity and effect of orders

      4. 58.Power to require information etc

    10. Railway administration orders, winding up and insolvency

      1. 59.Meaning and effect of railway administration order

      2. 60.Railway administration orders made on special petitions

      3. 61.Restriction on making winding-up order in respect of protected railway company

      4. 62.Restrictions on voluntary winding up and insolvency proceedings in the case of protected railway companies

      5. 63.Government financial assistance where railway administration orders made

      6. 64.Guarantees under section 63

      7. 65.Meaning of “company” and application of provisions to unregistered, foreign and other companies

    11. Consumer protection

      1. 66.Amendments of the Fair Trading Act 1973

      2. 67.Respective functions of the Regulator and the Director General of Fair Trading, and functions of the Monopolies Commission

    12. Other functions of the Regulator

      1. 68.Investigatory functions

      2. 69.General functions

      3. 70.Code of practice for protection of interests of rail users who are disabled

      4. 71.Publication of information and advice

    13. Registers and reports of the Regulator and the Franchising Director

      1. 72.Keeping of register by the Regulator

      2. 73.Keeping of register by the Franchising Director

      3. 74.Annual and other reports of the Regulator

      4. 75.Annual reports of the Franchising Director

    14. The Central Committee and the consultative committees

      1. 76.General duties of the Central Committee

      2. 77.General duties of consultative committees

      3. 78.Functions under section 56 of the Transport Act 1962

      4. 79.Annual reports by the Central Committee and the consultative committees

    15. Information

      1. 80.Duty of certain persons to furnish information to the Franchising Director on request

    16. Interpretation

      1. 81.Meaning of “railway”

      2. 82.Meaning of “railway services” etc

      3. 83.Interpretation of Part I

  3. Part II Re-organisation of the Railways

    1. New companies, transfer schemes and disposals

      1. 84.Powers of the Board to form companies

      2. 85.Powers of the Board to make transfer schemes

      3. 86.Powers of the Franchising Director to make transfer schemes

      4. 87.Transfer to the Secretary of State or the Franchising Director of the Board’s function of making transfer schemes

      5. 88.Transfers of interests in certain companies: provisions supplemental to sections 84 to 87

      6. 89.Disposals by the Board and its subsidiaries

      7. 90.Directions to the Board about the exercise of rights conferred by holdings in companies

    2. Transfer schemes: supplemental provision

      1. 91.Transfer schemes: general

      2. 92.Functions under local or private legislation etc

      3. 93.Assignment of employees to particular parts of undertakings

      4. 94.Accounting provisions

      5. 95.Power of the Secretary of State or the Franchising Director to require provision of information in connection with transfer schemes

      6. 96.Functions of the Secretary of State in relation to transfer schemes

      7. 97.Supplementary provisions as to transfers by transfer scheme

    3. Ownership of successor companies

      1. 98.Initial share holding in successor companies

      2. 99.Government investment in securities of successor companies

      3. 100.Exercise of functions through nominees

      4. 101.Target investment limit for Government shareholding in certain successor companies

    4. Finances of successor companies

      1. 102.Temporary restrictions on borrowings etc

      2. 103.Government lending to certain successor companies

      3. 104.Treasury guarantees for loans made to certain successor companies

      4. 105.Grants to certain successor companies

      5. 106.Extinguishment of certain liabilities of successor companies

    5. Provisions with respect to flotation

      1. 107.Responsibility for composite listing particulars of certain licensed successor companies

      2. 108.Application of Trustee Investments Act 1961 in relation to investment in certain licensed successor companies

    6. Other financial provisions

      1. 109.Grants to the Board

      2. 110.Application of sections 19 to 21A of the Transport Act 1962 to wholly owned subsidiaries of the Board

      3. 111.Financial limits on loans

    7. Stamp duty and stamp duty reserve tax

      1. 112.Stamp duty and stamp duty reserve tax

    8. Supplemental

      1. 113.Objectives of the Secretary of State and corresponding duties of the Board

      2. 114.The Secretary of State, the Franchising Director and the Board not to be regarded as shadow directors of certain railway companies etc

      3. 115.Parliamentary disqualification

      4. 116.Interpretation of Part II

  4. Part III Miscellaneous, General and Supplemental Provisions

    1. Safety, emergencies, security etc.

      1. 117.Safety of railways and other guided transport systems

      2. 118.Control of railways in time of hostilities, severe international tension or great national emergency

      3. 119.Security: power of Secretary of State to give instructions

      4. 120.Security: enforcement notices

      5. 121.Security: inspections

    2. Statutory authority

      1. 122.Statutory authority as a defence to actions in nuisance etc

    3. Miscellaneous and general

      1. 123.No person to be common carrier by railway

      2. 124.Carriage of mail by railway

      3. 125.Railway heritage

      4. 126.General duties and powers of the Board

      5. 127.Power of the Board to provide business support services for other operators

      6. 128.Amendment of section 13 of the Transport Act 1962

      7. 129.Bye-laws

      8. 130.Penalty fares

      9. 131.Modification of Restrictive Trade Practices Act 1976

    4. Transport police

      1. 132.Schemes for the organisation etc. of transport police

      2. 133.Terms and conditions of employment of transport police

    5. Pensions and other benefits

      1. 134.Pensions

      2. 135.Concessionary travel for railway staff etc

    6. Financial provisions

      1. 136.Grants and subsidies

      2. 137.Payments by the Secretary of State in respect of track access charges in connection with railway goods services

      3. 138.Grants and other payments towards facilities for public passenger transport to and from airports, harbours etc

      4. 139.Grants to assist the provision of facilities for freight haulage by railway

      5. 140.Grants to assist the provision of facilities for freight haulage by inland waterway

      6. 141.Financial assistance for employees seeking to acquire franchises or parts of the Board’s undertaking etc

      7. 142.General financial provisions

    7. Supplemental

      1. 143.Regulations and orders

      2. 144.Directions

      3. 145.General restrictions on disclosure of information

      4. 146.Making of false statements etc

      5. 147.Offences by bodies corporate or Scottish partnerships

      6. 148.Proceedings in Scotland

      7. 149.Service of documents

      8. 150.Crown application

      9. 151.General interpretation

      10. 152.Minor and consequential amendments, transitional provisions and repeals

      11. 153.Power to make consequential modifications in other Acts etc

      12. 154.Short title, commencement and extent

  5. SCHEDULES

    1. SCHEDULE 1

      The Regulator and the Franchising Director

      1. Remuneration, pensions etc.

        1. 1.(1) There shall be paid to a holder of the...

      2. Staff

        1. 2.(1) The Regulator and the Franchising Director may each, with...

      3. Expenses of the Regulator, the Franchising Director and their staff

        1. 3.There shall be paid out of money provided by Parliament—...

      4. Official seal

        1. 4.The Regulator and the Franchising Director shall each have an...

      5. Performance of functions

        1. 5.Anything authorised or required by or under this Act or...

      6. Documentary evidence

        1. 6.The Documentary Evidence Act 1868 shall have effect as if—...

      7. The Parliamentary Commissioner

        1. 7.In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments...

      8. Parliamentary disqualification etc.

        1. 8.In Part III of Schedule 1 to the House of...

    2. SCHEDULE 2

      Rail users' consultative committees

      1. Preliminary

        1. 1.In this Schedule any reference to the committee is a...

      2. Remuneration of, and allowances for, the chairman

        1. 2.There shall be paid to the chairman of the committee...

      3. Allowances for other members

        1. 3.There shall be paid to members of the committee other...

      4. Administration etc.

        1. 4.The Regulator shall make arrangements for the committee to be...

      5. Proceedings

        1. 5.(1) Subject to the following provisions of this paragraph and...

      6. Admission of public to meetings

        1. 6.(1) Subject to sub-paragraph (2) below, meetings of the committee...

      7. Sub-committees

        1. 7.(1) The committee may, with the approval of the Regulator—...

      8. Financial provisions

        1. 8.(1) There shall be paid by the Regulator out of...

      9. Amendment of other Acts

        1. 9.In section 14(1) of the Chronically Sick and Disabled Persons...

        2. 10.In Part III of Schedule 1 to the House of...

    3. SCHEDULE 3

      The Central Rail Users' Consultative Committee

      1. Preliminary

        1. 1.In this Schedule any reference to the committee is a...

      2. Remuneration of, and allowances for, the chairman

        1. 2.There shall be paid to the chairman of the committee...

      3. Allowances for other members

        1. 3.There shall be paid to members of the committee other...

      4. Administration etc.

        1. 4.The Regulator shall make arrangements for the committee to be...

      5. Proceedings

        1. 5.(1) Subject to the following provisions of this paragraph and...

      6. Admission of public to meetings

        1. 6.(1) Subject to sub-paragraph (2) below, meetings of the committee...

      7. Sub-committees

        1. 7.(1) The committee may, with the approval of the Regulator—...

      8. Financial provisions

        1. 8.(1) There shall be paid by the Regulator out of...

      9. Amendment of other Acts

        1. 9.In Part III of Schedule 1 to the House of...

    4. SCHEDULE 4

      Access agreements: applications for access contracts

      1. Interpretation

        1. 1.In this Schedule— “application for directions” means an application for...

      2. Making and withdrawal of application

        1. 2.(1) Any application for directions must be made in writing...

      3. Notifications, representations and information

        1. 3.(1) The Regulator shall— (a) send a copy of any...

      4. Interested persons

        1. 4.(1) Where the Regulator receives an application for directions, he...

      5. The decision and the directions

        1. 5.(1) The Regulator shall inform the applicant, the facility owner...

      6. Effect of directions on facility owner and interested persons

        1. 6.(1) Any directions given on an application for directions or...

      7. Financial provision

        1. 7.(1) Any sums required by the Franchising Director for the...

    5. SCHEDULE 5

      Alternative closure procedure

      1. Application of Schedule

        1. 1.(1) This Schedule applies in relation to any railway passenger...

      2. Notice of proposed closure

        1. 2.Where a person (in this Schedule referred to as “the...

      3. Objections

        1. 3.(1) Where a notice has been published under paragraph 2...

      4. Conditions

        1. 4.(1) The Secretary of State may give his consent under...

      5. Functions of the consultative committee

        1. 5.(1) A consultative committee with whom an objection has been...

      6. Interpretation

        1. 6.(1) For the purposes of this Schedule, the appropriate consultative...

    6. SCHEDULE 6

      Railway administration orders

      1. Part I Modifications of the 1986 Act

        1. General application of provisions of 1986 Act

          1. 1.Where a railway administration order has been made, sections 11...

        2. Effect of order

          1. 2.In section 11 of the 1986 Act (effect of order),...

        3. Appointment of special railway administrator

          1. 3.In section 13 of the 1986 Act (appointment of administrator),...

        4. General powers of special railway administrator

          1. 4.In section 14 of the 1986 Act (general powers of...

        5. Power to deal with charged property

          1. 5.(1) Section 15 of the 1986 Act (power to deal...

        6. Duties of special railway administrator

          1. 6.(1) Section 17 of the 1986 Act (duties of administrator),...

        7. Discharge of order

          1. 7.(1) Section 18 of the 1986 Act (discharge and variation...

        8. Notice of making of order

          1. 8.In section 21(2) of the 1986 Act (notice of order...

        9. Statement of proposals

          1. 9.In section 23 of the 1986 Act (statement of proposals),...

        10. Applications to court

          1. 10.(1) Section 27 of the 1986 Act (protection of interests...

        11. Particular powers of special railway administrator

          1. 11.In the application of Schedule 1 to the 1986 Act...

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

        1. Introductory

          1. 12.(1) Where a railway administration order has been made in...

        2. Effect of order

          1. 13.(1) Section 11 of the 1986 Act (effect of administration...

        3. Notification of order

          1. 14.In section 12 of the 1986 Act (notification of order),...

        4. General powers of special railway administrator

          1. 15.(1) Section 14 of the 1986 Act (general powers of...

        5. Power to deal with charged property

          1. 16.In section 15 of the 1986 Act (power of administrator...

        6. Duties of special railway administrator

          1. 17.In section 17 of the 1986 Act (general duties of...

        7. Statement as to company’s affairs

          1. 18.In section 22(1) of the 1986 Act (power of administrator...

        8. Particular powers of special railway administrator

          1. 19.(1) The powers conferred on a special railway administrator by...

      3. Part III Supplemental

        1. General adaptations and saving

          1. 20.(1) Subject to the preceding provisions of this Schedule, references...

        2. Interpretation

          1. 21.(1) In this Schedule “the 1986 Act” means the Insolvency...

    7. SCHEDULE 7

      Transfer of relevant activities in connection with railway administration orders

      1. Application of Schedule

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

      2. Making and modification of transfer schemes

        1. 2.(1) The existing appointee, acting with the consent of the...

      3. Transfers by scheme

        1. 3.(1) A scheme under this Schedule for the transfer of...

      4. Transfer of licences

        1. 4.(1) A scheme under this Schedule may provide for a...

      5. Supplemental provisions of schemes

        1. 5.(1) A scheme under this Schedule may contain supplemental, consequential...

      6. Duties of existing appointee after the scheme comes into force

        1. 6.(1) A scheme under this Schedule may provide for the...

      7. Functions under private and local legislation etc.

        1. 7.(1) A scheme under this Schedule may provide that any...

    8. SCHEDULE 8

      Transfers by transfer scheme

      1. Allocation of property, rights and liabilities

        1. 1.(1) The provisions of this paragraph and paragraph 2 below...

        2. 2.(1) It shall be the duty of the transferor and...

      2. Variation of transfers by agreement

        1. 3.(1) The provisions of this paragraph shall have effect where...

      3. Right to production of documents of title

        1. 4.(1) This paragraph applies where, on any transfer to which...

      4. Perfection of vesting of foreign property, rights and liabilities

        1. 5.(1) This paragraph applies in any case where a transfer...

      5. Proof of title by certificate

        1. 6.(1) In the case of any transfer to which this...

      6. Restrictions on dealing with certain land

        1. 7.(1) If the Secretary of State is satisfied on the...

      7. Construction of agreements, statutory provisions and documents

        1. 8.(1) This paragraph applies where, in the case of any...

        2. 9.(1) Except as otherwise provided in any provision of this...

        3. 10.On and after the transfer date for any transfer to...

        4. 11.(1) The transferee under a transfer to which this Schedule...

        5. 12.If, in the case of any transfer to which this...

        6. 13.(1) References in paragraphs 8 to 12 above to agreements...

      8. Third parties affected by vesting provisions

        1. 14.(1) Without prejudice to the provisions of paragraphs 8 to...

      9. Interpretation

        1. 15.In this Schedule “statutory provision” means a provision whether of...

    9. SCHEDULE 9

      Stamp duty and stamp duty reserve tax

      1. Interpretation

        1. 1.(1) In this Schedule— “the Inland Revenue” means the Commissioners...

      2. Stamp duty

        1. 2.(1) Stamp duty shall not be chargeable on any restructuring...

      3. Stamp duty reserve tax

        1. 3.(1) An agreement to transfer chargeable securities, as defined in...

    10. SCHEDULE 10

      Transport police: consequential provisions

      1. The British Transport Commission Act 1949

        1. 1.(1) Section 53 of the British Transport Commission Act 1949...

        2. 2.(1) The said section 53 shall in its application to...

      2. The Transport Act 1962

        1. 3.(1) In the Transport Act 1962, sections 69 (organisation of...

    11. SCHEDULE 11

      Pensions

      1. Interpretation

        1. 1.(1) In this Schedule— “eligible persons”, in the case of...

      2. Establishment of new schemes

        1. 2.(1) The Secretary of State may by order provide for...

      3. Amendment of existing schemes

        1. 3.(1) The Secretary of State may by order amend—

      4. Transfer of pension rights and corresponding assets and liabilities

        1. 4.(1) Where persons with pension rights under any existing or...

      5. Protection of pension rights: meaning of “protected person”

        1. 5.In this Schedule “protected person” means— (a) any person who...

      6. The powers of protection

        1. 6.(1) The Secretary of State may by order make provision...

      7. Protection: supplementary provisions

        1. 7.(1) Without prejudice to the generality of paragraph 6 above,...

      8. Entitlement to participate in the joint industry scheme

        1. 8.(1) The Secretary of State may by order make provision...

      9. Payments in discharge of liabilities under s.52(1) of the Transport Act 1980

        1. 9.(1) In section 52 of the Transport Act 1980, in...

      10. Application and modification of Part III of the 1980 Act

        1. 10.(1) The Secretary of State may by order designate—

      11. Government guarantees to trustees of certain new schemes

        1. 11.(1) Subject to the following provisions of this paragraph, the...

      12. Supplementary

        1. 12.If it appears to the Secretary of State necessary or...

      13. Parliamentary procedure

        1. 13.(1) A statutory instrument containing an order under this Schedule,...

      14. Transitory provision

        1. 14.In this Schedule, and in any amendment made by this...

    12. SCHEDULE 12

      Minor and consequential amendments

      1. The Regulation of Railways Act 1889

        1. 1.Section 6 of the Regulation of Railways Act 1889 (which...

      2. The Railway Fires Act 1905

        1. 2.(1) In section 1 of the Railway Fires Act 1905...

      3. The Railway Fires Act (1905) Amendment Act 1923

        1. 3.In section 2 of the Railway Fires Act (1905) Amendment...

      4. The British Transport Commission Act 1950

        1. 4.Section 43 of the British Transport Commission Act 1950 (power...

      5. The Transport Act 1962

        1. 5.(1) The Transport Act 1962 shall be amended in accordance...

      6. The Transport Act 1968

        1. 6.(1) The Transport Act 1968 shall be amended in accordance...

      7. The Fair Trading Act 1973

        1. 7.In section 133(2) of the Fair Trading Act 1973 (exceptions...

      8. The Consumer Credit Act 1974

        1. 8.In section 174(3) of the Consumer Credit Act 1974 (exceptions...

      9. The Railways Act 1974

        1. 9.In the Railways Act 1974, section 9 (which provides for...

      10. The Restrictive Trade Practices Act 1976

        1. 10.In section 41(1) of the Restrictive Trade Practices Act 1976...

      11. The Estate Agents Act 1979

        1. 11.In section 10(3) of the Estate Agents Act 1979 (exceptions...

      12. The Competition Act 1980

        1. 12.(1) In section 11 of the Competition Act 1980, in...

      13. The Telecommunications Act 1984

        1. 13.(1) In subsection (2) of section 101 of the Telecommunications...

      14. The London Regional Transport Act 1984

        1. 14.(1) Section 2 of the London Regional Transport Act 1984...

        2. 15.In section 7 of that Act (planning of passenger transport...

        3. 16.In section 31 of that Act (duty of Board to...

        4. 17.After that section there shall be inserted— Duty of Franchising...

        5. 18.(1) Section 40 of that Act shall have effect with...

        6. 19.Section 41 of that Act (which provides for the committee...

        7. 20.In section 59 of that Act (which confers power on...

        8. 21.In section 68 of that Act (interpretation) the following definitions...

        9. 22.(1) In Schedule 3 to that Act, in paragraph 5...

      15. The Airports Act 1986

        1. 23.(1) In subsection (2) of section 74 of the Airports...

      16. The Gas Act 1986

        1. 24.(1) In subsection (2) of section 42 of the Gas...

      17. The Insolvency Act 1986

        1. 25.In section 413 of the Insolvency Act 1986, at the...

      18. The Consumer Protection Act 1987

        1. 26.(1) Section 38 of the Consumer Protection Act 1987 (which...

      19. The Channel Tunnel Act 1987

        1. 27.In Schedule 6 to the Channel Tunnel Act 1987, in...

      20. The Electricity Act 1989

        1. 28.(1) In subsection (2) of section 57 of the Electricity...

      21. The New Roads and Street Works Act 1991

        1. 29.In section 10 of the New Roads and Street Works...

      22. The Water Industry Act 1991

        1. 30.In the Water Industry Act 1991 (subsection (3)(d) of section...

      23. The Water Resources Act 1991

        1. 31.In the Water Resources Act 1991 (subsection (2)(d) of section...

      24. The British Coal and British Rail (Transfer Proposals) Act 1993

        1. 32.The British Coal and British Rail (Transfer Proposals) Act 1993...

    13. SCHEDULE 13

      Transitional provisions and savings

      1. The Central Committee

        1. 1.(1) Unless the Secretary of State otherwise directs, any person...

      2. Consultative committees

        1. 2.(1) Until such time as the Regulator otherwise directs—

      3. Proposed closures

        1. 3.(1) This paragraph applies in any case where—

      4. Saving for section 41 of the Channel Tunnel Act 1987

        1. 4.(1) Section 41 of the Channel Tunnel Act 1987 (which...

    14. SCHEDULE 14

      Repeals

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