Railways Act 2005

Part 1Transfer of functions and railway strategy

Transfer of functions

1Transfer etc. of SRA functions and abolition

2Transfer of safety functions to ORR

Railway strategy

3General duties under s. 4 of the 1993 Act

4Use of access charges reviews for application of strategy

5Railway strategy for Scotland

Part 2Public sector funding authorities for railways

Assisting and securing the provision of services

6Financial assistance etc. from the Secretary of State

7Notification of assistance from Secretary of State for freight services

8Franchising and financial assistance in relation to Scotland

9Notification of assistance from Scottish Ministers for freight services

10Franchising and financial assistance in relation to Wales

11Notification of assistance from Welsh Assembly for freight services

12Transfer schemes at end of franchising agreements

Passenger Transport Executives

13Railway functions of Passenger Transport Executives

14Repeals and savings relating to Passenger Transport Executives

15Duty of Secretary of State and Transport for London to co-operate

16Relaxation of contractual restrictions on Transport for London

17Membership of Transport for London

Provision of service by provider of last resort

18Qualification of duty in respect of services funded by others

Part 3Rail Passengers' Council and Rail Passengers' Committees

19The Rail Passengers' Council

20Delegation of functions by Council

21Rail Passengers' Committees

Part 4Network modifications etc.

Discontinuance of railway passenger services

22Proposal by service operator to discontinue non-franchised services

23Proposal by funding authority to discontinue non-franchised services

24Proposals to discontinue franchised or secured services

25Proposal to discontinue excluded services

Discontinuance of operation of passenger networks

26Proposal by operator to close passenger network

27Proposal by funding authority to close passenger network

28Proposal to discontinue operation of secured network

Discontinuance of use or operation of stations

29Proposal by operator to close station

30Proposal by funding authority to close station

31Proposal to discontinue operation of secured station

References to the ORR

32References to the ORR

33Closure requirements

Excluded proposals

34Minor modifications

35Closures eligible to be treated as minor modifications

36Designation of experimental passenger services

37Discontinuance of experimental passenger services

38Services, networks and stations excluded by order

Substitution services

39Quality contracts schemes in connection with service modifications

40Substitute road services

Supplemental provisions of Part

41Proposals by funding authorities

42Closures guidance

43Procedure relating to publication and modification of closures guidance

44Exclusion of liability for breach of statutory duty

45Interpretation of Part 4

Part 5Further miscellaneous provisions

Conduct and accessibility on railways

47Power of Scottish Ministers to make penalty fare regulations

48Code of practice for disabled rail users in Scotland

Railway administration orders for companies providing Scottish services

49Functions of Scottish Ministers in relation to railway administration

50Assistance by Scottish Ministers for companies in railway administration

Duties of co-operation

51ORR to assist and advise national authorities

52Duty of Passenger Transport Executives to advise Secretary of State

Part 6General and supplemental

54Further amendments of the 1993 Act

55Expenses etc.

56Powers exercisable by statutory instrument

57Meaning of “Wales-only service” and “Welsh service”

58General interpretation

59Consequential amendments, transitional provisions and repeals

60Short title, commencement and extent

SCHEDULE 1Transfer etc. of functions of the Strategic Rail Authority

Part 1Transfer and abolition of functions

Transfer to ORR of consumer protection and other functions relating to licensing

1(1) In section 7 of the 1993 Act—

2Section 7A of the 1993 Act (consumer protection conditions) shall...

3(1) In section 8 of the 1993 Act (licences), in...

4In section 11 of the 1993 Act (assignment of licences)—...

5(1) In section 12 of the 1993 Act, subsections (1A)...

6In section 13 of the 1993 Act (modification references to...

7In section 13A of the 1993 Act (time limits under...

8In section 14 of the 1993 Act (reports on modification...

9In section 15 of the 1993 Act (modification following report)—...

10(1) This paragraph applies to things done under or for...

Transfers relating to the provision, improvement or development of railway facilities

11(1) In sections 16A, 16C(3), 16D, 16E(2)(a), 16F(3)(a) and 16G...

Transfer of functions relating to access agreements

12(1) In sections 17 to 19 of the 1993 Act...

Transfer of functions relating to franchise agreements

13(1) In section 23 of the 1993 Act (passenger services...

14(1) Section 24 of the 1993 Act (franchise exemptions granted...

15(1) Section 26 of the 1993 Act (invitation to tender...

16For sections 26A, 26B and 26C of the 1993 Act...

17(1) In section 27 of the 1993 Act (transfer of...

18(1) In section 28 of the 1993 Act (fares and...

19In section 29 of the 1993 Act (other terms and...

Transfer of functions as operator of last resort

20(1) In section 30 of the 1993 Act (operator of...

Transfer etc. of functions relating to enforcement

21(1) Section 55 of the 1993 Act (orders for securing...

22In section 56(2A) of the 1993 Act (procedural requirements for...

23(1) Section 57A of the 1993 Act (penalties) is amended...

24(1) In section 57B of the 1993 Act—

25In section 57C(3) of the 1993 Act (service of penalty...

26(1) This paragraph applies to things done under or for...

Abolition of functions relating to railway administration orders

27(1) The following provisions of the 1993 Act (which relate...

Abolition of duty to investigate contravention of consumer protection conditions

28Section 71A of the 1993 Act (duty to investigate contraventions...

Transfer of function of maintaining code of practice for protection of disabled rail users

29(1) In section 71B of the 1993 Act (code of...

Transfer of functions relating to maintenance of register

30(1) In section 73 of the 1993 Act (register maintained...

31After that section insert— Keeping of register by the Scottish...

Transfer of functions relating to the Rail Passengers' Council

32(1) In section 76 of the 1993 Act (general duties...

Transfer of power to require information from licence holders

33(1) In section 80 of the 1993 Act (duty to...

Abolition of functions relating to penalty fares

34In section 130 of the 1993 Act—

Transfer of functions relating to concessionary travel

35(1) Section 135 of the 1993 Act (concessionary travel) is...

Abolition of certain functions under the 2000 Act

36The following provisions of the 2000 Act shall cease to...

Part 2Definitions for purposes of transfers to Scottish Ministers

37(1) Section 83(1) of the 1993 Act (expressions defined for...

SCHEDULE 2Transfer schemes

Application and commencement of scheme

1(1) A scheme may set out the property, rights and...

Property, rights and liabilities that may be transferred

2(1) The property, rights and liabilities that may be transferred...

Dividing and modifying transferor's property, rights and liabilities

3(1) A scheme may contain provision— (a) for the creation,...

Obligation to effect transfers etc. under a scheme

4(1) A scheme may contain provision for imposing on a...

Effect of scheme

5(1) Where a scheme provides for the transfer of property,...

Powers and duties under statutory provisions

6(1) A scheme may make provision for some or all...

Supplementary provisions of schemes

7(1) A scheme may— (a) make such incidental, supplemental, consequential...

Modification of scheme by agreement

8(1) Where the transferor and transferee under a scheme that...

Continuity of employment etc.

9(1) Where in accordance with a scheme a person employed...

Compensation for third parties

10(1) Where— (a) an entitlement of a third party to...

Provision of information to person making scheme

11(1) A person who proposes to make a scheme (“the...

12(1) In this Schedule— “enactment” includes an enactment comprised in...

SCHEDULE 3Transfer of safety functions

Railway safety purposes

1(1) Subject to sub-paragraph (4), in this Schedule “railway safety...

ORR's principal railway safety functions

2(1) It shall be the general duty of the Office...

Removal of corresponding functions from HSC

3(1) In section 11 of the 1974 Act (which confers...

Reports and investigations

4(1) The Office of Rail Regulation may authorise a person...

5(1) This paragraph applies where, before the commencement of paragraph...

6(1) This paragraph applies where, before the commencement of paragraph...

ORR acting as agent of government departments and other public authorities

7(1) Where the Secretary of State considers that any of...

Government departments and other public authorities acting as agent of ORR

8(1) Where the Office of Rail Regulation considers that any...

Restrictions on codes of practice by HSC

9(1) In subsection (1) of section 16 of the 1974...

Co-operation with the HSC

10(1) It shall be the duty of the Office of...

Information powers corresponding to section 27 of the 1974 Act

11(1) The Office of Rail Regulation may serve a notice...

Railway safety levy

12(1) Section 43A of the 1974 Act (railway safety levy)...

Removal of requirement of consultation with HSC for railway safety regulations

13In section 50 of the 1974 Act (consultation with HSC),...

Regulatory Reform Act 2001

14The effect of the preceding provisions of this Schedule is...

15(1) In this Schedule— “the 1974 Act” means the Health...

SCHEDULE 4Reviews by ORR of access charges and licence conditions

1Schedule 4A to the 1993 Act (review of access charges...

Conduct of access charges reviews

2For paragraph 1 (meaning of access charges review) substitute— Application...

Repeal of paragraph 3

3Paragraph 3 (which provides for consideration of when the next...

Implementation notice

4(1) In paragraph 4 (review notice), after sub-paragraph (2) insert—...

Termination notice

5In paragraph 6(3) (service of termination notice), before paragraph (a)...

New review notice following objections

6In paragraph 8 (new review notices and references to Competition...

Information to be provided to Competition Commission in connection with reference

7(1) In paragraph 9 (reference to Competition Commission), after sub-paragraph...

Noticed of proposed relevant changes following Competition Commission report

8(1) In paragraph 12 (changes following report), after sub-paragraph (4)...

Notice of decisions by Competition Commission

9For the last sub-paragraph of paragraph 14 (notice of relevant...

Information to be provided to Competition Commission with proposal for relevant changes

10(1) In sub-paragraph (3) of paragraph 15 (information to be...

Commencement of Schedule

11(1) Subject to sub-paragraph (2), this Schedule does not apply...

SCHEDULE 5Rail Passengers' Council established by s. 19(1)

Part 1Introductory

1In this Schedule— “accounting records” includes all books, papers and...

Part 2Members and staff

Remuneration etc. of members

2(1) The RPC must pay to every member, other than...

3The RPC may employ such persons, on such terms and...

4(1) The RPC may— (a) pay such pensions, allowances or...

5(1) The persons to whom section 1 of the Superannuation...

Government grants

6(1) The Secretary of State may make grants to the...

Direction requiring payment to the Secretary of State

7(1) The Secretary of State may give a direction to...

Accounts and audit

8(1) The RPC must— (a) keep proper accounts and proper...

9(1) The statement of accounts and other accounts of the...

Part 4Financial framework and information

Financial framework

10(1) The Secretary of State— (a) must prepare, and

11(1) As soon as practicable after the end of each...

12The RPC must give the Secretary of State information, advice...

Part 5Status and supplementary powers

13(1) The RPC is not to be treated—

Supplementary powers

14(1) The RPC may do anything that appears to it...

Part 6Procedure

Regulation of procedure

15(1) Subject to this paragraph and paragraph 16, the RPC...

Admission of the public to meetings

16(1) Meetings of the RPC must be open to the...

17The RPC must give such notice— (a) of any meeting...

Local committees

18(1) If the Secretary of State so directs, the RPC...

Execution of documents

19(1) The application of the seal of the RPC shall...

SCHEDULE 6Functions retained by London Transport Users' Committee

Members of LTUC to represent users of services in London railway area

1In section 247(3)(b) of the Greater London Authority Act 1999...

General duty of LTUC to keep railway matters under review

2Before section 253 of that Act insert— Committee to keep...

Duty of LTUC to investigate matters

3In that Act, after the section 252A inserted by paragraph...

Power of Secretary of State to exclude matters from duties of LTUC

4(1) In that Act, after the section 252D inserted by...

Duty of Rail Passengers' Council to refer matters to the LTUC

5In section 76 of the 1993 Act (duties of Rail...

SCHEDULE 7Consultations under Part 4

1A consultation under this Schedule about a proposal—

Newspaper notification

2(1) The person carrying out the consultation must publish a...

Specific notification to particular persons

3(1) The person carrying out the consultation must—

Interpretation of Schedule

4In this Schedule “the initial assessment” means the assessment relating...

5In this Schedule “the area affected”, in relation to a...

6(1) A newspaper is to be regarded as a national...

SCHEDULE 8Proposals to discontinue excluded London services

1(1) This Schedule applies, where a proposal for the discontinuance...

Notice of proposal

2(1) The service operator— (a) must give notice in the...

Objections etc.

3(1) Where a notice has been published under paragraph 2...

Consideration of objections and report to Mayor of London

4(1) This paragraph applies where any objection is made under...

Consent of Mayor to closure

5(1) After— (a) receiving— (i) the report from the London...

SCHEDULE 9Bye-laws by railway operators

1(1) In this Schedule— “appropriate national authority”, in relation to...

2Bye-laws may provide that a person contravening them is guilty...

3Bye-laws do not come into force until they have been...

4(1) A railway operator who proposes to make bye-laws must...

5(1) The appropriate national authority may— (a) confirm (with or...

Publicity for confirmed bye-laws

6If the appropriate national authority has confirmed bye-laws—

7(1) The production of a printed copy of bye-laws which...

Power to amend or vary

8(1) The power to make bye-laws includes the power to...

SCHEDULE 10Taxation provisions relating to transfer schemes

Part 1Transfers to a national authority under section 1(2) schemes

Meaning of “relevant transfer” in Part 1 of Schedule

1In this Part of this Schedule, “relevant transfer” means a...

Capital allowances: determination of disposal value of plant or machinery

2(1) This paragraph applies to a relevant transfer of plant...

Capital allowances: determination of disposal value of fixtures

3(1) This paragraph applies to a relevant transfer if—

Capital allowances: determination of capital value of industrial buildings etc.

4(1) This paragraph applies for the purposes of Part 3...

Chargeable gains: assets to be treated as disposed without a gain or a loss

5For the purposes of the 1992 Act, a relevant transfer...

Continuity in relation to transfer of intangible assets

6(1) For the purposes of Schedule 29 to the Finance...

Neutral effect of transfer for loan relationships and derivative contracts

7No credit or debit shall be required or allowed, in...

8(1) This paragraph applies for the purposes of section 781...

Part 2Other transfers under section 1(2) schemes

Meaning of “relevant transfer” in Part 2 of Schedule

9In this Part of this Schedule, “relevant transfer” means a...

Computation of profits and losses in respect of transfer of trade

10(1) This paragraph applies where a person (“the predecessor”) is...

Trading losses: change in ownership

11(1) This paragraph applies to a relevant transfer of all...

Capital allowances: transfer of whole trade

12(1) This paragraph applies where a person (“the predecessor”) is...

Capital allowances: transfer of part of a trade

13(1) Where a person (“the predecessor”) is carrying on a...

Capital allowances: transfer of plant or machinery

14(1) This paragraph applies where— (a) there is a relevant...

Capital allowances: determination of capital value of industrial buildings etc.

15(1) This paragraph applies for the purposes of Part 3...

Chargeable gains: assets to be treated as disposed of without a gain or a loss

16For the purposes of the 1992 Act, a relevant transfer...

Continuity in relation to transfer of intangible assets

17(1) For the purposes of Schedule 29 to the Finance...

Continuity in relation to loan relationships

18(1) For the purposes of the application of Chapter 2...

Continuity in relation to derivative contracts

19(1) For the purposes of the application of Schedule 26...

20(1) This paragraph applies for the purposes of section 781...

Part 3Transfers under section 12 schemes

Meaning of “relevant transfer” in Part 3 of Schedule

21In this Part of this Schedule, “relevant transfer” means a...

Capital allowances: determination of disposal value of plant or machinery

22(1) This paragraph applies to a relevant transfer of plant...

Capital allowances: determination of disposal value of fixtures

23(1) This paragraph applies to a relevant transfer if—

Capital allowances: determination of capital value of industrial buildings etc.

24(1) This paragraph applies for the purposes of Part 3...

Chargeable gains: disposals not be treated as made at market value

25(1) Section 17 of the 1992 Act (disposals and acquisitions...

Chargeable gains: degrouping charges

26(1) This paragraph applies if a company (“the degrouped company”)—...

Chargeable gains: disposal of debts

27(1) This paragraph applies to a relevant transfer of a...

Loan relationships

28(1) Paragraph 11 of Schedule 9 to the Finance Act...

Part 4Other provisions concerning transfers

29(1) Stamp duty is not to be chargeable—

Stamp duty land tax

30(1) No transfer in accordance with a scheme made under...

Chargeable gains: value shifting

31No scheme made under section 1(2) or 12 is to...

32Neither the power of the Secretary of State to make...

Consequential amendment

33In section 35(3)(d) of the 1992 Act (no gain no...

Part 5Interpretation of Schedule

34(1) In this Schedule— “the 1992 Act” means the Taxation...

SCHEDULE 11Miscellaneous amendments of 1993 Act

Introductory provision

1The 1993 Act is amended as follows.

Licence conditions

2In section 9(3)(f) (conditions requiring the provision of information), after...

Access agreements

3In— (a) section 17(4) (access agreements: directions requiring facility owners...

Duties of provider of last resort

4In paragraph (b) of section 30(3) (duty of Authority in...

Exclusion for liability for breach of statutory duty

5In section 50(1) (exclusion of liability for breach of statutory...

Purposes for which franchising functions may be exercised

6(1) In section 54 (purposes for which franchising functions may...

Orders for securing compliance

7(1) In subsection (9) of section 55 (interpretation of provision...

8In section 57F(1) (validity and effect of penalties), for “penalty...

Financial assistance from the Secretary of State to companies in railway administration

9(1) In section 63 (financial assistance for companies in railway...

Register kept by ORR

10(1) In section 72(2) (matters to be entered in register)—...

Register kept by Secretary of State

11(1) In section 73(2) (matters to be entered in the...

Purposes for which the Secretary of State may require information from licence holders

12In section 80(1) (duty of licence holders to provide information...

General interpretation

13In section 83(1) (interpretation of Part 1)—

Competent authority status for the purposes of grants and loans under EU regulations

14(1) In subsection (1) of section 136 (competent authorities in...

Powers to make statutory instruments

15In section 143 (powers to make statutory instruments)—

Restrictions on disclosure of information

16(1) In subsection (2) of section 145 (purposes for which...

SCHEDULE 12Other minor and consequential amendments

Transport Act 1962 (c. 46)

1(1) The Transport Act 1962 is amended as follows.

Transport Act 1968 (c. 73)

2(1) The Transport Act 1968 is amended as follows.

Chronically Sick and Disabled Persons Act 1970 (c. 44)

3In section 14(1) of the Chronically Sick and Disabled Persons...

Fire Precautions Act 1971 (c. 40)

4In section 18 of the Fire Precautions Act 1971, for...

Superannuation Act 1972 (c. 11)

5In Schedule 1 to the Superannuation Act 1972 (types of...

Level Crossings Act 1983 (c. 16)

6(1) Section 1 of the Level Crossings Act 1983 is...

Telecommunications Act 1984 (c. 12)

7In section 101 of the Telecommunications Act 1984 (general restrictions...

Transport Act 1985 (c. 67)

8In section 6(1) of the Transport Act 1985 (local bus...

Airports Act 1986 (c. 31)

9In section 74 of the Airports Act 1986 (restriction on...

Water Industry Act 1991 (c. 56)

10In Schedule 15 to the Water Industry Act 1991 (disclosure...

Water Resources Act 1991 (c. 57)

11In Schedule 24 to the Water Resources Act 1991 (disclosure...

Deregulation and Contracting Out Act 1994 (c. 40)

12(1) Section 37 of the Deregulation and Contracting Out Act...

Railway Heritage Act 1996 (c. 42)

13(1) The Railway Heritage Act 1996 is amended as follows....

Greater London Authority Act 1999 (c. 29)

14(1) The Greater London Authority Act 1999 is amended as...

Postal Services Act 2000 (c. 26)

15In paragraph 3 of Schedule 7 to the Postal Services...

Utilities Act 2000 (c. 27)

16In section 105 of the Utilities Act 2000 (general restrictions...

Transport Act 2000 (c. 38)

17(1) The 2000 Act is amended as follows.

Enterprise Act 2002 (c. 40)

18(1) The Enterprise Act 2002 is amended as follows.

SCHEDULE 13Repeals

Part 1Repealed enactments

1The repeal of the entry relating to the Strategic Rail...

2The repeal of section 219 of the 2000 Act has...

3The repeal of Part 3 of Schedule 17 to that...

4The repeal of Schedule 19 to that Act does not...

Railways Act 2005

2005 c. 14

An Act to amend the law relating to the provision and regulation of railway services; and for connected purposes.

[7th April 2005]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—