Railways Act 1993

Miscellaneous and general U.K.

123 No person to be common carrier by railway. E+W+S

No person shall be regarded as a common carrier by railway.

124 Carriage of mail by railway. U.K.

Sections 33 to 42 of the M1 Post Office Act 1953 (which make provision for and in connection with the power of the Post Office to compel railway undertakers to convey mail-bags on their trains) shall cease to have effect.

Marginal Citations

M1 1953 c. 36.

F1 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F1 S. 125 repealed and superseded (18.9.1996) by 1996 c. 42, s. 8(2)

F2 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 S. 126 repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt.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)

F3 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F3 S. 127 repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt.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)

F4 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F4 S. 128 repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt.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

129 Bye-laws. U.K.

(1) An independent railway operator may make bye-laws regulating—

(a) the use and working of, and travel on or by means of, any relevant assets;

(b) the maintenance of order on any relevant assets; and

(c) the conduct of all persons while on any relevant assets.

(2) Without prejudice to the generality of subsection (1) above, an independent railway operator may, in particular, make bye-laws—

(a) with respect to tickets issued for entry upon relevant assets or travel by railway and the evasion of payment of fares or other charges;

(b) with respect to interference with, or obstruction of, the working of any railway or any relevant asset or the provision of any railway service;

(c) with respect to the smoking of tobacco in railway carriages and elsewhere and the prevention of nuisance;

(d) with respect to the receipt and delivery of goods; and

(e) for regulating the passage of bicycles and other vehicles on footways and other premises controlled by him and intended for the use of those on foot.

(3) In section 67 of the M2 Transport Act 1962, after subsection (9) (confirmation of bye-laws by the Minister) there shall be inserted—

“(9A) The Minister may charge the Board such fees in respect of any bylaws submitted for confirmation under this section as he may consider appropriate for the purpose of defraying any administrative expenses incurred by him in connection therewith.”

(4) Subsections (3) and (5) to (12) of section 67 of the M3 Transport Act 1962 (procedure for making bye-laws) shall apply in relation to bye-laws under this section as they apply in relation to bye-laws under subsection (1) of that section, but with the substitution for any reference to the Board of a reference to the independent railway operator in question.

(5) Subsection (4) of that section shall apply in relation to bye-laws under this section as it applies in relation to bye-laws under subsection (1) of that section, but—

(a) taking the reference to “a Board" as including a reference to an independent railway operator (and construing the reference to “the Board in question" accordingly); and

(b) taking the reference to “their railway" as including, in the case of that independent railway operator, a reference to any relevant asset.

(6) If and to the extent that, immediately before the coming into force of a transfer scheme, any bye-laws—

(a) made by the Board under section 67 of the M4 Transport Act 1962, or having effect as if so made, or

(b) made by an independent railway operator under this section, or having effect as if so made,

have effect in relation to an undertaking, or part of an undertaking, transferred by the scheme, those bye-laws shall, as from the coming into force of the transfer scheme in relation to that undertaking or, as the case may be, that part of the undertaking, have effect in relation to the undertaking or part (as the case may be) as bye-laws made under this section by the transferee.

(7) In this section “independent railway operator” means any person, other than the Board, who is authorised by a licence to be the operator of a railway asset or of railway assets of a class or description.

(8) The exclusion of the Board from being an independent railway operator is without prejudice to the Board’s subsidiaries and wholly owned subsidiaries.

(9) For the purposes of this section “relevant assets", in the case of any independent railway operator, means—

(a) any railway assets in relation to which he is the operator; and

(b) any rolling stock not falling within paragraph (a) above of which he has the management for the time being.

(10) Expressions used in this section and in Part I or II above have the same meaning in this section as they have in that Part.

(11) Apart from the amendment made by subsection (3) above, this section is without prejudice to section 84(3) of the M5 Transport Act 1962.

(12) Any sums received by the Secretary of State under or by virtue of this section shall be paid into the Consolidated Fund.

Modifications etc. (not altering text)

C1 S. 129 modified (18.12.1996) by 1996 c. 61, s. 15

Marginal Citations

M2 1962 c. 46.

M3 1962 c. 46.

M4 1962 c. 46.

M5 1962 c. 46.

130 Penalty fares. E+W+S

(1) The Secretary of State may by regulations make provision for and in connection with—

(a) the imposition of requirements on persons travelling by, present on, or leaving trains or stations to produce, if required to do so in accordance with the regulations, a ticket or other authority authorising them to travel by, be present on, or leave the train or station in question; and

(b) the charging of persons in breach of such requirements to financial penalties (in this section referred to as “penalty fares”) in such circumstances, and subject to compliance with such conditions (if any), as may be prescribed;

and in this section any reference to a ticket or other authority of any description includes a reference to any other document which, under the regulations, is required to be produced in conjunction with any such ticket or other authority, for the purpose of demonstrating that the ticket or other authority produced by a person is valid in his case.

(2) Regulations may make provision for or with respect to—

(a) the persons who may be charged penalty fares;

(b) the persons by or on behalf of whom penalty fares may be charged;

(c) the trains and stations by reference to which penalty fares may be charged;

(d) the amount, or the greatest amount, which a person may be charged by way of penalty fare, whether a specified amount or one determined in a prescribed manner;

(e) the authorising of persons to be collectors;

(f) the manner in which charges to penalty fares may be imposed by collectors, including any requirements to be complied with by or in relation to collectors;

(g) the authorising of collectors in prescribed circumstances to require persons on trains or stations to furnish prescribed information;

(h) the display of prescribed notices in places of a prescribed description;

(j) the manner in which, and the period within which, any penalty fare charged to a person is to be paid;

(k) the issue of prescribed documents to persons who are charged, or who have paid, penalty fares;

(l) the recovery of any unpaid penalty fare as a civil debt, including provision—

(i) for or with respect to defences that are to be available in proceedings for the recovery of an unpaid penalty fare; or

(ii) for presumptions of fact to operate, in such proceedings, in favour of the person charged with the penalty fare, but subject to compliance with prescribed procedural requirements;

(m) the retention, by persons by or on behalf of whom charges to penalty fares are imposed, of sums paid by way of penalty fare;

(n) the remission of liability to pay penalty fares and the repayment of sums paid by way of penalty fare;

(o) the prevention of a person’s being liable both to payment of a penalty fare and to prosecution for a prescribed offence;

(p) the imposition of prohibitions on the charging of penalty fares by or on behalf of persons who are suspected by the Secretary of State or the [F5 Authority], on reasonable grounds, of failing to comply with such requirements imposed by or under the regulations as may be prescribed.

(3) The documents mentioned in subsection (2)(k) above include any document which consists of or includes—

(a) notice of the imposition of a charge to a penalty fare;

(b) a receipt for the payment of a penalty fare; or

(c) a ticket or other authority to travel by, be present on, or leave a train or station.

(4) Regulations may impose, or make provision for and in connection with the imposition or enforcement of, prescribed requirements in prescribed circumstances on or against a holder of a passenger licence or station licence or a passenger service operator (whether or not one by or on behalf of whom penalty fares are or are to be charged); and, without prejudice to the generality of the foregoing, any such regulations may make provision with respect to—

(a) the display of notices relating to penalty fares;

(b) the provision of facilities for the issue of tickets or other authorities to travel by, be present on, or leave trains or stations;

(c) the provision of information to prescribed persons or persons of a prescribed class or description.

(5) The functions which may be conferred on the [F5 Authority] by regulations include—

(a) functions which involve the exercise by him of judgement or a discretion; and

(b) functions which empower him in prescribed circumstances to impose such conditions or requirements as he may think fit on prescribed persons or on persons of a prescribed class or description.

(6) Regulations may confer power on the [F5 Authority] to make by rules any provision which could be made by the Secretary of State by regulations, other than provision for or with respect to any matter specified in—

(a) paragraph (d), (l) or (o) of subsection (2) above; or

(b) subsection (7) below;

and any such rules shall have effect, to such extent as may be prescribed, as if they were regulations.

(7) Regulations may provide that where information is required to be furnished pursuant to the regulations—

(a) a refusal to furnish any such information, or

(b) the furnishing of information which is false in a material particular,

shall, in prescribed circumstances, be an offence punishable on summary conviction by a fine not exceeding level 2 on the standard scale.

(8) Apart from subsection (7) above, nothing in this section creates, or authorises the creation of, any offence.

(9) Regulations may make provision for any area within Great Britain and may make different provision for or in relation to different areas.

[F6 (9A) Before making any regulations which have the effect of varying the amount, or the greatest amount, which a person within, or travelling to or from, Greater London may be charged by way of penalty fare, the Secretary of State must consult the Mayor of London.]

(10) Any power of the [F5 Authority] to make rules under or by virtue of this section includes power to revoke, amend or re-enact any rules so made; and—

(a) any such rules may make different provision for different cases; and

(b) without prejudice to paragraph (a) above, subsection (9) above shall apply in relation to any such rules as it applies in relation to regulations.

(11) Subsections (2) to (5) above are without prejudice to the generality of subsection (1) above.

(12) In this section—

• “collectors” means the individuals who perform the function (whether as servants or agents or otherwise) of imposing the charge of a penalty fare on the person liable to pay it under the regulations in each particular case;

• “document”, without prejudice to the generality of the expression, includes any badge, token, or photograph or any other form of identification, certification or authentication;

• “prescribed” means specified in, or determined in accordance with, regulations;

• “regulations” means regulations under subsection (1) above;

• “station” includes a reference to a part of a station;

• “ticket or other authority” shall be construed in accordance with subsection (1) above;

• “train” includes a reference to a part of a train;

and, subject to that, expressions used in Part I above and in this section have the same meaning in this section as they have in that Part.

Textual Amendments

F5 Words in s. 130(2)(p)(5)(6)(10) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 30; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F6 S. 130(9A) inserted (20.7.2000) by 1999 c. 29, s. 206 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

[F7 131] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F7 S. 131 repealed (1.3.2000) by 1998 c. 41, s. 74(3), Sch. 14 Pt. I (with s. 73); S.I. 2000/344, art. 2, Sch.