Railways Act 2005

Transfer of functions as operator of last resort

20 (1) In section 30 of the 1993 Act (operator of last resort to provide or secure provision of service where no franchise agreement), for “Authority”, wherever occurring, substitute “relevant franchising authority”.

(2) Subsection (1)(a) shall cease to have effect.

(3) In subsection (2), for “begin (or again begin) to be provided” substitute “begin to be provided again”.

(4) After subsection (3) of that section, insert—

“(3A) For the purposes of this section the Secretary of State and the Scottish Ministersshall 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.”

(5) Where immediately before the commencement of this paragraph any service is being provided or secured by the Strategic Rail Authority by virtue of section 30 of the 1993 Act, that section is to have effect after the commencement of this paragraph as if—

(a) the condition in subsection (1)(b) of that section were satisfied; and

(b) the relevant franchising authority were—

(i) except where sub-paragraph (ii) applies, the Secretary of State; and

(ii) where the franchised services under the franchise agreement in accordance with which the services in question were last provided included Scotland-only services, the Scottish Ministers.