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

http://www.legislation.gov.uk/ukpga/1993/43/section/72

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

Expert Participation

2024-05-24

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 C9 C10 Part 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)

C10

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 F25the Office of Rail and Road and the F22Authority

Annotations:

Amendments (Textual)

F25

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

F22

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))

C1172 Keeping of register by F24the Office of Rail and Road.

C11

F24The Office of Rail and Road shall, at such premises and in such form as F1it may determine, maintain a register F2. . . .

2

Subject to subsection (3) and to any direction given under subsection (4) below, F24the Office of Rail and Road shall cause to be entered in the register—

C2a

in relation to licences F3and F26railway undertaking licences, the provisions of—

C3i

every licenceF4, every licence exemption and every F26railway undertaking licence;

ii

every assignment of a licence of which notice is received by F24the Office of Rail and Road;

iii

every modification or revocation of a licence F5, everyF6requirement to modify conditions of a licence imposed on F24the Office of Rail and Road by the AuthorityF7, and every modification or revocation of a F26railway undertaking licence;

iv

every revocation of a licence exemption F8and every requirement to revoke a licence exemption imposed on F24the Office of Rail and Road by the Authority;

v

every requirement imposed, or consent or approval given, by F24the Office of Rail and Road under a licence F9or F26railway undertaking licence;

vi

every requirement imposed, or consent or approval given, under a licence by any person (other than F24the 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 F24the Office of Rail and Road pursuant to a condition of the licence;

vii

every final or provisional order F10made by F24the Office of Rail and Road in relation to a licence, every revocation of such an order and every notice given by F24the Office of Rail and Road under section 55(6) above that he is satisfied that he does not need to make such an order;

F11viii

every scheme made by the Secretary of State under section 7A(4) above or paragraph 2 of Schedule 28 to the Transport Act 2000;

F12ix

every penalty imposed by F24the Office of Rail and Road under section 57A above;

x

every statement of policy published by F24the Office of Rail and Road under that section;

and notice of every surrender of a licence F13or F26railway undertaking 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 F1418(1)(c), 19(3)(c) or 22(3) above which is for the time being in force;

F15va

every direction under section 22A above;

vb

every notice given by or to F24the Office of Rail and Road or the F23CMA under Schedule 4A to this Act;

vi

every document issued or made by F24the Office of Rail and Road under an access agreement;

F16c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

in relation to experimental passenger services, within the meaning of F17Part 4 of the Railways Act 2005, the provisions of—

F18i

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;

F19da

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.

C43

In entering any provision in the register, F24the 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.

C54

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 F24the 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 F24the 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.

C67

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.

C78

Any person may, on the payment of such fee as may be specified in an order so made, require F24the 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 F24the 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 F20Authority, without payment of any fee; and the F20Authority may require F24the Office of Rail and Road, without payment of any fee, to supply F21itwith a copy of, or extract from, any part of the register, being a copy or extract which is certified by F24the 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.

C811

Any sums received by F24the Office of Rail and Road under this section shall be paid into the Consolidated Fund.

I1C9C10 Part I The Provision of Railway Services

Registers and reports of F25the Office of Rail and Road and the F22Authority

C1172 Keeping of register by F24the Office of Rail and Road.

C11

2

C2a

C3i

ii

iii

iv

v

vi

vii

F11viii

F12ix

x

b

i

ii

iii

iv

v

F15va

vb

vi

F16c

d

F18i

ii

F19da

i

ii

e

C43

C54

5

6

C67

C78

9

10

C811

I1 C9 C10 Part I The Provision of Railway Services