Railways Act 1993

6 Prohibition on unauthorised operators of railway assets.E+W+S

(1)Any person who acts as the operator of a railway asset is guilty of an offence unless—

(a)he is authorised to be the operator of that railway asset by a licence; or

(b)he is exempt, by virtue of section 7 below, from the requirement to be so authorised.

[F1(1A)This section does not apply to a person who acts as the operator of a railway asset to the extent that the asset is operated for the purpose of providing [F2services for which a European licence is required]]

(2)In this Part—

  • [F3 “European licence” means a licence granted pursuant to a provision contained in any instrument made for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, as amended by Directive 2001/13/EC dated 26th February 2001 and Directive 2004/49/EC dated 29th April 2004, both of the European Parliament and of the Council, or pursuant to any action taken by an EEA State for that purpose;]

  • F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “operator”, in relation to any railway asset, means the person having the management of that railway asset for the time being;

  • “railway asset” means—

    (a)

    any train being used on a network, whether for the purpose of carrying passengers or goods by railway or for any other purpose whatsoever;

    (b)

    any network;

    (c)

    any station; or

    (d)

    any light maintenance depot.

[F5(2A)In subsection (2) above, “EEA State” means a member State, Norway, Iceland or Liechtenstein.]

(3)Any person who is guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(4)No proceedings shall be instituted in England and Wales in respect of an offence under this section except by or on behalf of the Secretary of State or [F6the Office of Rail Regulation] .

Textual Amendments

F1S. 6(1A) inserted (27.6.1998) by S.I. 1998/1340, reg. 21(2)

F4S. 6(2): definition of "international services" omitted (28.11.2005) by virtue of The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 3, Sch. 1 para. 3(3)(b)

F6Words in s. 6(4) substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

Modifications etc. (not altering text)

C1S. 6(1) excluded (18.12.1996) by 1996 c. 61, s. 16(1)

C2S. 6(1) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), s. 24

Commencement Information

I1S. 6 wholly in force at 1.4.1994; s. 6 not in force at Royal Assent see s. 154(2); s. 6(2) in force at 6.1.1994 by S.I. 1993/3237, art. 2(2), s. 6 in force at 1.4.1994 insofar as not already in force by S.I. 1994/571, art. 5