Railways Act 1993

76 General duties of the [F1 Rail Passengers’ Council]. E+W+S

(1) It shall be the duty of the [F2 Rail Passengers’ Council] to investigate any matter which relates—

[F3 (a) to the provision of railway passenger services, or]

(b) to the provision of station services by any person in a case where the operator of the station in question is authorised by a licence to be the operator of that station,

if the condition specified in subsection (2) below is satisfied in relation to the matter in question.

(2) The condition mentioned in subsection (1) above is satisfied if—

(a) the matter is the subject of a representation made to the [F4 Rail Passengers’ Council] by a user or potential user of railway passenger services and does not appear to the [F4 Rail Passengers’ Council] to be frivolous or vexatious;

(b) the matter is referred to the [F4 Rail Passengers’ Council] by the [F5 Authority]; or

(c) the matter appears to the [F4 Rail Passengers’ Council] to be one which it ought to investigate.

(3) If any matter falling within paragraph (a) of subsection (2) above appears to the [F6 Rail Passengers’ Council] to relate only to the provision of railway passenger services, or of station services, within the area of one [F7 Rail Passengers’ Committee], [F8 the Rail Passengers’ Council] shall refer that matter to the [F7 Rail Passengers’ Committee] for that area.

(4) If, on investigating any matter, the [F9 Rail Passengers’ Council] considers it appropriate to do so, [F10 the Rail Passengers’ Council] shall make representations to the person providing the service in question and—

(a) in the case of a service provided under a franchise agreement, to the franchisee, or

(b) in the case of a service provided on behalf of the [F11 Authority], to the [F11 Authority],

about the matter, or any matter to which it relates or which appears to [F10 the Rail Passengers’ Council] to be relevant to the subject of the matter investigated.

(5) Where [F12 the Rail Passengers’ Council]—

(a) having made representations under subsection (4) above, is of the opinion that it is unable to achieve a satisfactory resolution of the matter by that means, or

(b) on investigating any matter, has reason to believe that [F13 a franchisee is contravening, or is likely to contravene, any term of the franchise agreement or that] the holder of a passenger licence or a station licence is contravening, or is likely to contravene, any condition of the licence,

[F12 the Rail Passengers’ Council] shall [F14 , unless representations about the matter have been made to the Authority by the Rail Passengers’ Council, refer it to the Authority with a view to the Authority exercising such of its powers as it considers appropriate in the circumstances of the case.].

[F15 (5A) But if the Authority considers that it would be more appropriate for a matter referred to it by the Rail Passengers’ Council to be considered by [F16 the Office of Rail Regulation] , the Authority shall refer it to [F17 the Office of Rail Regulation] , with a view to [F18 it] exercising such of [F19 its] powers as [F18 it] considers appropriate in the circumstances of the case.]

(6) Where the [F20 Rail Passengers’ Council] investigates any matter—

(a) it may prepare, and send to the Secretary of State and the [F21 Authority], a report of its findings; and

(b) it may publish any such report, unless the matter in question is one which was referred to the [F20 Rail Passengers’ Council] by the [F21 Authority] as mentioned in subsection (2)(b) above.

(7) Where the [F22 Rail Passengers’ Council] has investigated any matter under this section, it shall neither—

(a) include in any report or representations a proposal for any steps to be taken by any person in relation to that matter, nor

(b) refer the matter to the [F21 Authority] under subsection (5)(a) above by reason only of the failure of any person to take any steps in relation to that matter,

unless, balancing the cost of taking those steps against the benefits which [F23 the Rail Passengers’ Council] considers will be enjoyed by any person in consequence of the taking of those steps, [F23 the Rail Passengers’ Council] is of the opinion, on the basis of the information available to it, that the expenditure involved represents good value for money.

[F24 (7A) It shall also be the duty of the Rail Passengers’ Council, so far as it appears expedient from time to time to do so—

(a) to keep under review matters affecting the interests of the public in relation to railway passenger services and station services;

(b) to make representations to, and consult, such persons as they think appropriate about those matters; and

(c) to co-operate with other bodies representing the interests of users of public passenger transport services.

(7B) The Secretary of State may, after consultation with the Rail Passengers’ Council, make an order excluding services from the duties imposed by this section; and an order under this subsection—

(a) may exclude services of a particular class or description, particular services or services provided by a particular person;

(b) may provide that services are excluded subject to compliance with specified conditions; and

(c) may not revoke an exclusion except for breach of condition or in accordance with the order which made it.

(7C) The Secretary of State may, after consultation with the Rail Passengers’ Council, make an order providing that the duties imposed by this section apply to services of a particular class or description, particular services or services provided by a particular person—

(a) only to such extent as is specified by the order; or

(b) with such modifications as are so specified.]

(8) The services which are to be regarded for the purposes of this section as provided on behalf of the [F11 Authority] are the same services as are to be so regarded for the purposes of section 37 above.

(9) In this section, any reference to railway passenger services includes a reference to bus substitution services required to be provided in place of any such services; F25 . . ..

Textual Amendments

F1 Words in the sidenote to s. 76 substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(9); 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. 76(1) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F3 S. 76(1)(a) substituted (29.7.2003) by 2000 c. 38, ss. 228(2), 275(1); S.I. 2003/1694, art. 2

F4 Words in s. 76(2) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F5 Word in s. 76(2)(b) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 20(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F6 Words in s. 76(3) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(4)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F7 Words in s. 76(3) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(4)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F8 Words in s. 76(3) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(4)(c); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F9 Words in s. 76(4) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(5)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F10 Words in s. 76(4) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(5)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F11 Words in s. 76(4)(b)(8) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 46; 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))

F12 Words in s. 76(5) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(6); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F13 Words in s. 76(5)(b) inserted (29.7.2003) by 2000 c. 38, ss. 228(3)(a), 275(1); S.I. 2003/1694, art. 2

F14 Words in s. 76(5) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 20(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F15 S. 76(5A) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 20(4); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F16 Words in s. 76 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)

F17 Words in s. 76(5A) substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, Sch. 2 para. 15; S.I. 2004/827, art. 4(g)

F18 Word in s. 76 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)

F19 Word in s. 76 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(c) Table}; S.I. 2004/827, art. 4(g)

F20 Words in s. 76(6) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(7); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F21 Words in s. 76(6)(a)(b)(7)(b) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 20(5); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F22 Words in s. 76(7) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(8)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F23 Words in s. 76(7) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(8)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F24 S. 76(7A)-(7C) inserted (29.7.2003) by 2000 c. 38, ss. 228(4), 275(1); S.I. 2003/1694, art. 2

F25 Words in s. 76(9) 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)

Modifications etc. (not altering text)

C1 S. 76 excluded (30.11.2000) by 2000 c. 38, s. 253, Sch. 28 para. 10

C2 Ss. 76, 77 applied (1.4.1994) by 1993 c. 43, ss. 47(2)(d)(4)(d), 152(2), 154(2), Sch. 13 para. 3(2) (modifying 1985 c. 67, s. 123); S.I. 1994/571, art. 5

C3 S. 76 applied (with modifications) (29.7.2003) by The Merseyrail Electrics Network Order 2003 (S.I. 2003/1696), art. 3

C4 S. 7(6)(a): certain functions made exercisable by the Scottish Ministers concurrently with the Minister concerned (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2; S.I. 1998/3178, art. 3