I1C1C11 Part I The Provision of Railway Services
Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)
Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)
Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)
Registers and reports of F58the Office of Rail and Road and the F1Authority
Words in s. 72 cross-heading substituted (16.10.2015) by virtue of The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), Sch. para. 1
Word in cross-heading substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 43; 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, art. 2(2))
72 Keeping of register by F54the Office of Rail and Road.
C31
2
Subject to subsection (3) and to any direction given under subsection (4) below, F54the Office of Rail and Road shall cause to be entered in the register—
C4a
in relation to licences F24and European licences, the provisions of—
ii
every assignment of a licence of which notice is received by F54the Office of Rail and Road;
iii
iv
v
vi
every requirement imposed, or consent or approval given, under a licence by any person (other than F54the Office of Rail and Road) who is a qualified person, within the meaning of section 9(3) above, for the purpose in question, being a requirement, consent or approval whose provisions have been notified to F54the Office of Rail and Road pursuant to a condition of the licence;
vii
F5viii
every scheme made by the Secretary of State under section 7A(4) above or paragraph 2 of Schedule 28 to the Transport Act 2000;
x
every statement of policy published by F54the Office of Rail and Road under that section;
and notice of every surrender of a licence F29or European licence;
b
in relation to access agreements, access contracts and installation access contracts, the provisions of—
i
every facility exemption granted under section 20(3) above;
ii
every direction to enter into an access contract or an installation access contract;
iii
every access agreement;
iv
every amendment (however described) of an access agreement;
v
every general approval given under section F718(1)(c), 19(3)(c) or 22(3) above which is for the time being in force;
F8va
every direction under section 22A above;
vb
vi
every document issued or made by F54the Office of Rail and Road under an access agreement;
F9c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
in relation to experimental passenger services, within the meaning of F30Part 4 of the Railways Act 2005, the provisions of—
F31i
every designation under section 36 of that Act of a service as experimental;
ii
every notice under section 37(1) or (2) of that Act of the proposed discontinuance of a service designated as experimental;
F32da
in relation to closures, the provisions of—
i
every closure ratification notice or closure non-ratification notice (within the meaning of Part 4 of the Railways Act 2005) issued by it;
ii
every closure requirement imposed by it;
e
the provisions of every railway administration order and of every discharge of such an order.
C53
In entering any provision in the register, F54the Office of Rail and Road shall have regard to the need for excluding, so far as that is practicable, the matters specified in section 71(2)(a) and (b) above.
C64
If it appears to the Secretary of State that the entry of any provision in the register would be against the public interest or the commercial interests of any person, he may direct F54the Office of Rail and Road not to enter that provision in the register.
5
Where an access agreement is entered into or amended, the facility owner or installation owner concerned shall send a copy of the access agreement or amendment to F54the Office of Rail and Road not later than 14 days after the date on which the access agreement is entered into or the amendment is made, as the case may be.
6
A person who fails to comply with subsection (5) above is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
C77
The contents of the register shall be available for inspection by the public during such hours and subject to the payment of such fee as may be specified in an order made by the Secretary of State.
C88
Any person may, on the payment of such fee as may be specified in an order so made, require F54the Office of Rail and Road to supply him with a copy of, or extract from, any part of the register, being a copy or extract which is certified by F54the Office of Rail and Road to be a true copy or extract.
9
The contents of the register shall be available for inspection at any time by the F10Authority, without payment of any fee; and the F10Authority may require F54the Office of Rail and Road, without payment of any fee, to supply F11itwith a copy of, or extract from, any part of the register, being a copy or extract which is certified by F54the Office of Rail and Road to be a true copy or extract.
10
Any reference in this section to “assignment” shall be construed in Scotland as a reference to assignation.
C911
Any sums received by F54the Office of Rail and Road under this section shall be paid into the Consolidated Fund.
73 Keeping of register by the F33Secretary of State.
1
2
Subject to F35subsections (3) and (4) below, the F33Secretary of State shall cause to be entered in the register F46(except so far as they are required to be entered in the register maintained under section 73A below) the provisions of—
a
every franchise exemption;
b
every franchise agreement;
F12c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
every amendment (however described) of a franchise agreement F13other than any which are not likely to have a material effect on the provision of services under the agreement or on any sums payable under the agreement.;
F47da
every determination made by him under section 34 of the Railways Act 2005 that a closure is a minor modification or that closures of a particular description are minor modifications;
db
every revocation of a determination made by him under that section in relation to a description of closures;
dc
every condition agreed to under subsection (5) of that section in connection with a determination made by him;
e
every final or provisional order F14made by the F33Secretary of State in relation to F43. . . a franchise agreement F48or to any closure or proposed closure or to any closure requirement , every revocation of such an order and every notice given by the F33Secretary of State under section 55(6) above that F36he is satisfied that F36he does not need to make such an order;
g
every statement of policy published by the F33Secretary of State under that section;
F37ga
every designation under section 23 and every variation or revocation of such a designation;
h
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
j
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
k
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
l
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
m
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and, without prejudice to the generality of paragraph (d) above, “amendment" in that paragraph includes any variation of the property, rights and liabilities which from time to time constitute the franchise assets in relation to the franchise agreement in question, whether the variation is effected in accordance with the terms of, or by an amendment made to, the franchise agreement.
F383
The Secretary of State may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as he considers it appropriate to exclude for the purpose of maintaining the confidentiality of—
a
matters relating to the affairs of an individual the publication of which would or might, in the Secretary of State's opinion, seriously and prejudicially affect the interests of that individual; and
b
matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Secretary of State's opinion, seriously and prejudicially affect the interests of that body.
4
If it appears to the Secretary of State that the entry of any provision in the register would be against the public interest F39he may decide not to enter that provision in the register.
5
F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
The contents of the register shall be available for inspection at any time by F40the Scottish Ministers orF51the Office of Rail and Road, without payment of any fee; and F41the Scottish Ministers and F51the Office of Rail and Road may each require the F33Secretary of State, without payment of any fee, to supply him with a copy of, or extract from, any part of the register, being a copy or extract which is certified by the F33Secretary of State to be a true copy or extract.
F128
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73AF50Keeping of register by the Scottish Ministers
1
The Scottish Ministers must maintain a register.
2
The register must be kept in such form and at such premises as the Scottish Ministers determine.
3
Subject to subsections (4) and (5) below, the Scottish Ministers must cause the provisions of each of the following to be entered in the register—
a
every designation made by them under section 23 of this Act, and every variation or revocation of such a designation;
b
every franchise exemption granted by them;
c
every franchise agreement to which they are a party;
d
every amendment of such a franchise agreement, other than those that are unlikely to have a material effect on the provision of services under the agreement or on the sums payable under it;
e
every determination made by them under section 34 of the Railways Act 2005 that a closure is a minor modification or that closures of a particular description are minor modifications;
f
every revocation of a determination made by them under that section in relation to a description of closures;
g
every condition agreed to under subsection (5) of that section in connection with a determination made by them;
h
every final or provisional order made by them;
i
every revocation by them of such an order;
j
every notice given by them under section 55(6) of this Act of a decision not to make such an order;
k
every penalty imposed by them under section 57A of this Act;
l
every statement of policy published by them under section 57B of this Act.
4
The Scottish Ministers may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as they consider it appropriate to exclude for the purpose of maintaining the confidentiality of—
a
matters relating to the affairs of an individual the publication of which would or might, in the Scottish Ministers' opinion, seriously and prejudicially affect the interests of that individual; and
b
matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Scottish Ministers' opinion, seriously and prejudicially affect the interests of that body.
5
If it appears to the Scottish Ministers that the entry of any provision in the register would be against the public interest, they may decide not to enter it in the register.
6
The contents of the register must be available for inspection, at any time and free of charge, by the Secretary of State or F55the Office of Rail and Road.
7
The Secretary of State and F55the Office of Rail and Road may each require the Scottish Ministers to supply him or (as the case may be) it free of charge with a certified copy of a part of the register or with a certified extract from it.
8
The references in subsection (7) to a certified copy or a certified extract are references to a copy or extract that has been certified by the Scottish Ministers to be a true copy or extract.
9
In subsection (3)(d) “amendment”, in relation to a franchise agreement, means any amendment however described, including variations (whether or not effected in accordance with the terms of the agreement or by a modification of it) of the property, rights and liabilities which from time to time constitute the franchise assets.
74 Annual and other reports of F52the Office of Rail and Road .
C21
F52The Office of Rail and Road shall, as soon as practicable F21after the end of each financial year,, make to the Secretary of State a report on—
a
his activities during that year; and
2
Every such report shall include—
a
a general survey of developments, during the year to which it relates, in respect of matters falling within the scope of F20its functions;
F16b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C23
The Secretary of State shall lay a copy of every report made by F52the Office of Rail and Road under subsection (1) above before each House of Parliament and shall arrange for copies of every such report to be published in such manner as he may consider appropriate.
F173A
Where a report is made by F52the Office of Rail and Road under subsection (1) above to the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers shall lay a copy of the report before the Scottish Parliament and shall arrange for copies to be published in such manner as they consider appropriate.
4
5
6
In making or preparing any report under this section, F52the Office of Rail and Road shall have regard to the need for excluding, so far as that is practicable, the matters specified in section 71(2)(a) and (b) above.
F577
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
In this section—
“financial year” means a period of twelve months ending with 31st March; and
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
75 Annual reports of the Franchising Director.
F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)