http://www.legislation.gov.uk/id/ukpga/1993/43/part/I

http://www.legislation.gov.uk/ukpga/1993/43/part/I/crossheading/consumer-protection/2000-03-01

Railways Act 1993

An Act to provide for the appointment and functions of a Rail Regulator and a Director of Passenger Rail Franchising and of users’ consultative committees for the railway industry and for certain ferry services; to make new provision with respect to the provision of railway services and the persons by whom they are to be provided or who are to secure their provision; to make provision for and in connection with the grant and acquisition of rights over, and the disposal or other transfer and vesting of, any property, rights or liabilities by means of which railway services are, or are to be, provided; to amend the functions of the British Railways Board; to make provision with respect to the safety of railways and the protection of railway employees and members of the public from personal injury and other risks arising from the construction or operation of railways; to make further provision with respect to transport police; to make provision with respect to certain railway pension schemes; to make provision for and in connection with the payment of grants and subsidies in connection with railways and in connection with the provision of facilities for freight haulage by inland waterway; to make provision in relation to tramways and other guided transport systems; and for connected purposes.

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Statute Law Database

2024-07-25

2000-03-01

Railways Act 1993

s. 13B(7)

Digital Markets, Competition and Consumers Act 2024

Sch. 30

para. 18(5)

s. 339(1)

Railways Act 1993

s. 15C(5)

Digital Markets, Competition and Consumers Act 2024

Sch. 30

para. 19(5)

s. 339(1)

Railways Act 1993

s. 67(11)

Digital Markets, Competition and Consumers Act 2024

Sch. 29

para. 10

s. 339(1)

Railways Act 1993

s. 145(3)(qu)

Digital Markets, Competition and Consumers Act 2024

Sch. 30

para. 20(a)

s. 339(1)

Railways Act 1993

s. 145(3)(w)

Digital Markets, Competition and Consumers Act 2024

Sch. 30

para. 20(b)

s. 339(1)

Railways Act 1993

Sch. 4A

para. 10A(7)

Digital Markets, Competition and Consumers Act 2024

Sch. 30

para. 22(5)

s. 339(1)

Railways Act 1993

Sch. 4A

para. 15(5)

Digital Markets, Competition and Consumers Act 2024

Sch. 30

para. 23(5)

s. 339(1)

Railways Act 1993

s. 16(2)(aa)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 23

reg. 1(1)

I1 C4Part I The Provision of Railway Services

Annotations:

Commencement Information

Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5

Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)

Modifications etc. (not altering text)

Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

Consumer protection

66 Amendments of the Fair Trading Act 1973.

1

In section 50 of the 1973 Act, at the beginning of subsection (2) (which prohibits the making of a monopoly reference by the Director General of Fair Trading in connection with monopoly situations arising in relation to the supply of certain goods and services, including the supply of railway services) there shall be inserted the words “Subject to subsection (2A) of this section" and after that subsection there shall be inserted—

2A
Subsection (2) of this section shall not preclude the making of a monopoly reference by the Director with respect to the existence or possible existence of a monopoly situation in relation to the supply of such services as are specified in paragraph 5 of Schedule 5 to this Act in Great Britain, except in relation to the supply of any such services by—
a
a body corporate to which section 16 of this Act applies;
b
a subsidiary, within the meaning of section 736 of the M1Companies Act 1985, of any such body corporate; or
c
a publicly owned railway company, within the meaning of the Railways Act 1993.

2

In section 51 of that Act, in subsection (3) (which specifies those Ministers the consent of one or more of whom is required before the Secretary of State for Trade and Industry may make a monopoly reference under that section in connection with monopoly situations arising in relation to the supply of certain goods and services, including the supply of railway services) after the words “the Secretary of State for the Environment," there shall be inserted the words “ the Secretary of State for Transport, ”.

3

For the purposes of sections 64 to 77 of that Act (merger references), where a person enters into a franchise agreement as a franchisee, there shall be taken to be brought under his control an enterprise, within the meaning of section 63(2) of that Act, engaged in the supply of the railway services to which the agreement relates.

4

In section 137 of the 1973 Act, in subsection (3) (meaning of the expression “the supply of services"), after paragraph (f) there shall be inserted the words

and
g
includes the supply of network services and station services, within the meaning of Part I of the Railways Act 1993;

5

In Schedule 5 to the 1973 Act (goods and services in respect of which the making of a monopoly reference is prohibited or made subject to special restrictions) for paragraph 5 (which relates to the carriage of goods or passengers by railway) there shall be substituted—

5
Services for the carriage of passengers, or of goods, by railway, network services and station services, within the meaning of Part I of the Railways Act 1993, but excluding the carriage of passengers or goods on shuttle services (within the meaning of the M2Channel Tunnel Act 1987).

6

Expressions used in this section and in the 1973 or 1980 Act have the same meaning in this section as they have in that Act.

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

C11

If and to the extent that he is requested by the Director General of Fair Trading (in this Part referred to as “the Director”) to do so, it shall be the duty of the Regulator to exercise the functions of the Director under Part III of the 1973 Act so far as relating to courses of conduct which are or may be detrimental to the interests of consumers of railway services, whether those interests are economic or interests in respect of health, safety or other matters; and references in that Part to the Director shall be construed accordingly.

C22

There are hereby transferred to the Regulator (so as to be exercisable concurrently with the Director)—

a

the functions of the Director under sections 44 and 45 of the 1973 Act, and

b

the functions of the Director under sections 50, 52, 53, 86 and 88 of that Act,

so far as relating to monopoly situations which exist or may exist in relation to the supply of railway services; and references in Part IV and sections 86, 88 and 133 of that Act to the Director shall be construed accordingly.

F1 C33

The Regulator shall be entitled to exercise, concurrently with the Director, the functions of the Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

a

agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

b

conduct of the kind mentioned in section 18(1) of that Act,

which relate to the supply of railway services.

3A

So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director are to be read as including a reference to the Regulator (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).

4

Before either relevant authority (that is to say, the Regulator or the Director) first exercises in relation to any matter functions F2mentioned inany of the following provisions, namely—

a

paragraph (a) of subsection (2) above,

b

paragraph (b) of that subsection, and

F3c

subsection (3) above, and

F4d

paragraph 11 of Schedule 2 to the Deregulation and Contracting Out Act 1994,

he shall consult the other relevant authority; and neither relevant authority shall exercise in relation to any matter functions F2mentioned in any of those provisions if functions F2mentioned in that provision have been exercised in relation to that matter by the other relevant authority F5and.

5

It shall be the duty of the Regulator, for the purpose of assisting the F6Competition Commission in carrying out an investigation on a reference falling within subsection (6) below, to give to the Commission—

a

any information which is in his possession and which relates to matters falling within the scope of the investigation and—

i

is requested by the Commission for that purpose; or

ii

is information which in his opinion it would be appropriate for that purpose to give to the Commission without any such request; and

b

any other assistance which the Commission may require and which it is within his power to give, in relation to any such matters;

and the Commission shall, for the purposes of carrying out any such investigation, take into account any information given to them for that purpose under this subsection.

6

The references which fall within this subsection are—

a

any reference made to the F6Competition Commissionby the Regulator by virtue of subsection (2) F7or (3) above; and

b

any reference made to the Commission by the Secretary of State under section 11 of the 1980 Act, if the person who is the subject of the reference is—

i

the Board or a wholly owned subsidiary of the Board, or

ii

a publicly owned railway company which supplies network services or station services.

7

A copy of any report of the F6 Competition Commission on a monopoly reference which relates to the supply of railway services may be transmitted by the Commission to the Regulator, notwithstanding that the reference was made by a person other than the Regulator or that it could not have been made by him.

8

If any question arises F8in any particular case as to the jurisdiction of the Regulator under any of the provisions mentioned in subsection (2) or (3) above F9or paragraph 11 of Schedule 2 to the Deregulation and Contracting Out Act 1994. . ., that question shall be referred to and determined by the Secretary of State; and no objection shall be taken to anything done under—

a

Part IV or section 86 or 88 of the 1973 Act, or

F10b

Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),

by or in relation to the Regulator on the ground that it should have been done by or in relation to the Director.

9

Section 93B of the 1973 Act (offences of supplying false or misleading information to the Secretary of State, the Director General of Fair Trading or the F6Competition Commission in connection with their functions under Parts IV, V, VI or VIII of the 1973 Act F11or under the 1980 Act) shall have effect, so far as relating to functions exercisable by the Regulator by virtue of subsection (2) F12above and paragraph 1 of Schedule 10 to the Competition Act 1998, as if the reference in subsection (1)(a) of that section to the Director included a reference to the Regulator.

10

Expressions used in this section and in the 1973 or 1980 Act have the same meaning in this section as they have in that Act.

I1C4Part I The Provision of Railway Services

Consumer protection

66 Amendments of the Fair Trading Act 1973.

1

2A

a

b

c

2

3

4

g

5

5

6

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

C11

C22

a

b

F1C33

a

b

3A

4

a

b

F3c

F4d

5

a

i

ii

b

6

a

b

i

ii

7

8

a

F10b

9

10

I1 C4Part I The Provision of Railway Services

F1 C33