Railways Act 1993

[F1 30 Duty of Authority in absence of franchise. E+W+S

(1) The [F2 relevant franchising authority] shall provide, or secure the provision of, services for the carriage of passengers by railway where—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a franchise agreement in respect of the services is terminated or otherwise comes to an end but no further franchise agreement has been entered into in respect of the services F4 ....

(2) The duty in subsection (1) above in relation to any services ceases if the services [F5 begin to be provided again] under a franchise agreement.

(3) Subsection (1) above does not—

(a) require the [F2 relevant franchising authority] to provide or secure the provision of services if and to the extent that, in its opinion, adequate alternative railway passenger services are available;

[F6 (aa) require the relevant franchising authority to provide or secure the provision of a Welsh service where it appears to the authority that it will not be receiving funds from [F7 the Welsh Ministers] that are reasonably equivalent to those provided by [F8 the Welsh Ministers] (whether directly to the previous franchisee or otherwise) in respect of the service provided by the previous franchisee;

(ab) require the Secretary of State to provide or secure the provision of a service within the area of a Passenger Transport Executive where it appears to him that he will not be receiving funds from the Executive that are reasonably equivalent to those provided by that Executive (whether directly to the previous franchisee or otherwise) in respect of the service provided by the previous franchisee;

(ac) require the Secretary of State to provide or secure the provision of a service that makes scheduled calls in Greater London where it appears to him that he will not be receiving funds from Transport for London that are reasonably equivalent to those that were provided by Transport for London (whether directly to the previous franchisee or otherwise) in respect of the service provided by the previous franchisee;]

(b) preclude it from [F9 making a proposal to which section 24 of the Railways Act 2005 (proposals to discontinue franchised or secured services) applies] in relation to any of the services, in which case its duty under this section to secure the provision of the services to which the [F10 proposal] relates will (subject to [F11 subsections (7) and (8) of that section) terminate on [F12 the date for the discontinuance of services specified in the proposal]; or]

(c) preclude it from ceasing to provide or secure the provision of any of the services in any case falling within any of paragraphs (a) to (d) of [F13 subsection (3)] of that section.

[F14 (3A) For the purposes of this section the Secretary of State and the Scottish Ministers shall each have power—

(a) to provide or operate network services, station services or light maintenance services; or

(b) to store goods or consign them from a place to which they have been carried by rail;

and the Scottish Ministers shall have power to provide Scotland-only services and cross-border services.

(3B) In this section “relevant franchising authority” means the person who was the appropriate franchising authority in relation to the franchise agreement that has been terminated or otherwise come to an end.]

[F15 (3C) In this section—

• “previous franchisee”, in relation to a railway passenger service, means the franchisee in relation to the franchise agreement under which the service was previously provided; F16 ...

• F16 ...

and references in this section to a Passenger Transport Executive and to a service within the area of a Passenger Transport Executive are to be construed as they are to be construed for the purposes of section 13 of that Act.]]

Textual Amendments

F1 S. 30 substituted (1.2.2001) by 2000 c. 38, s. 212(5) (with Sch. 28 para. 3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F2 Words in s. 30 substituted (24.7.2005 for certain purposes, 16.10.2005 in so far as not already in force) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 20(1) (with Sch. 1 para. 20(5)); S.I. 2005/1909, art. 2, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1

F3 S. 30(1)(a) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 20(2), Sch. 13 Pt. 1 (with Sch. 1 para. 20(5)); S.I. 2005/1909, art. 2, Sch.

F4 Words in s. 30(1)(b) repealed (24.7.2005) by Railways Act 2005 (c. 14), Sch. 13 Pt. 1; S.I. 2005/1909, art. 2, Sch.

F5 Words in s. 30(2) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 20(3) (with Sch. 1 para. 20(5)); S.I. 2005/1909, art. 2, Sch.

F6 S. 30(3)(aa)-(ac) inserted (24.7.2005) by Railways Act 2005 (c. 14), s. 18(1); S.I. 2005/1909 art. 2 Sch.

F7 Words in s. 30(3)(aa) substituted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(iv), Sch. para. 10(2)(c)

F8 Words in s. 30(3)(aa) substituted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(iv), Sch. para. 10(2)(d)

F9 Words in s. 30(3)(b) substituted (1.12.2006) by Railways Act 2005 (c. 14), Sch. 11 para. 4(a); S.I. 2006/2911, art. 2, Sch.

F10 Word in s. 30(3)(b) substituted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 10(2)(a); S.I. 2015/994, art. 11(o)

F11 Words in s. 30(3)(b) substituted (1.12.2006) by Railways Act 2005 (c. 14), Sch. 11 para. 4(b); S.I. 2006/2911, art. 2, Sch.

F12 Words in s. 30(3)(b) substituted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 10(2)(b); S.I. 2015/994, art. 11(o)

F13 Words in s. 30(3)(c) substituted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 8 para. 10(3); S.I. 2015/994, art. 11(o)

F14 S. 30(3A)(3B) inserted (24.7.2005 for certain purposes, 16.10.2005 in so far as not already in force) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 20(4) (with Sch. 1 para. 20(5)); S.I. 2005/1909, art. 2, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1

F15 S. 30(3C) inserted (24.7.2005) by Railways Act 2005 (c. 14), s. 18(2); S.I. 2005/1909 art. 2 Sch.

F16 Words in s. 30(3C) omitted (13.6.2018) by virtue of The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(iv), Sch. para. 10(4)