- Latest available (Revised)
- Point in Time (21/11/2005)
- Original (As enacted)
Version Superseded: 14/10/2018
Point in time view as at 21/11/2005.
There are currently no known outstanding effects for the Railways Act 2005, SCHEDULE 9.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 46
1(1)In this Schedule—E+W+S
“appropriate national authority”, in relation to any bye-laws, means—
where the relevant assets by reference to which the bye-laws are or were made are all Scottish assets, the Scottish Ministers;
where some but not all of those assets are Scottish assets or include assets that are used partly in Scotland and partly elsewhere, the Secretary of State and the Scottish Ministers; and
in any other case, the Secretary of State;
“bye-laws” means bye-laws under section 46; and
“railway operator” has the same meaning as in that section.
(2)In sub-paragraph (1) “Scottish asset” means—
(a)an asset that is permanently situated in Scotland; or
(b)an asset that is used only in Scotland.
(3)In the case of bye-laws in relation to which both the Secretary of State and the Scottish Ministers are the appropriate national authority —
(a)anything that must be done under this Schedule in relation to those bye-laws by the appropriate national authority must be done by them both, acting jointly;
(b)anything that may be done under this Schedule in relation to those bye-laws by the appropriate national authority may be done only by them both, acting jointly; and
(c)any requirement of this Schedule in relation to those bye-laws to send something to the appropriate national authority is complied with only if that thing is sent both to the Secretary of State and to the Scottish Ministers.
Commencement Information
I1Sch. 9 para. 1 in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.
I2Sch. 9 para. 1 in force at 16.10.2005 in so far as not already in force by S.I. 2005/2812, art. 2(1), Sch. 1
2E+W+SBye-laws may provide that a person contravening them is guilty of an offence and liable, on summary conviction, to a fine not exceeding—
(a)level 3 on the standard scale; or
(b)such lower amount as is specified in the bye-laws.
Commencement Information
I3Sch. 9 para. 2 in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.
I4Sch. 9 para. 2 in force at 16.10.2005 in so far as not already in force by S.I. 2005/2812, art. 2(1), Sch. 1
3E+W+SBye-laws do not come into force until they have been confirmed by the appropriate national authority.
Commencement Information
I5Sch. 9 para. 3 in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.
I6Sch. 9 para. 3 in force at 16.10.2005 in so far as not already in force by S.I. 2005/2812, art. 2(1), Sch. 1
4(1)A railway operator who proposes to make bye-laws must publish a notice stating—E+W+S
(a)that he proposes to make bye-laws;
(b)the manner in which a copy of the proposed bye-laws will be open to public inspection; and
(c)that any person affected by the proposed bye-laws may make representations about them to the appropriate national authority within the period specified in the notice.
(2)The publication of the notice must be in the manner approved by the appropriate national authority.
(3)The period specified for the purposes of sub-paragraph (1)(c) must be the period of 28 days beginning with the day after that on which the railway operator's notice is published, or a longer period.
(4)At the end of the period so specified the appropriate national authority must forward any representations that have been made to it to the railway operator.
(5)The railway operator must not submit the bye-laws for confirmation unless he has considered the representations forwarded by the appropriate national authority.
Commencement Information
I7Sch. 9 para. 4 in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.
I8Sch. 9 para. 4 in force at 16.10.2005 in so far as not already in force by S.I. 2005/2812, art. 2(1), Sch. 1
5(1)The appropriate national authority may—E+W+S
(a)confirm (with or without modifications) any bye-laws submitted to it for confirmation; or
(b)refuse to confirm them.
(2)The appropriate national authority may fix the date of the coming into force of any bye-laws confirmed by it.
(3)If the appropriate national authority confirms bye-laws without fixing the date on which they come into force, they come into force at the end of the period of 28 days beginning with the day after that on which they are confirmed.
Commencement Information
I9Sch. 9 para. 5 in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.
I10Sch. 9 para. 5 in force at 16.10.2005 in so far as not already in force by S.I. 2005/2812, art. 2(1), Sch. 1
6E+W+SIf the appropriate national authority has confirmed bye-laws—
(a)copies of the bye-laws must be printed;
(b)at least one copy must be kept at the principal offices of the railway operator who made them;
(c)the railway operator must send one copy to the appropriate national authority; and
(d)the railway operator must supply one copy (free of charge) to every person who applies for a copy or for more than one copy.
Commencement Information
I11Sch. 9 para. 6 in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.
I12Sch. 9 para. 6 in force at 16.10.2005 in so far as not already in force by S.I. 2005/2812, art. 2(1), Sch. 1
7(1)The production of a printed copy of bye-laws which is indorsed with a certificate—E+W+S
(a)stating one or more matters specified in sub-paragraph (2), and
(b)purporting to be signed by an officer of the railway operator by whom the bye-laws purport to have been made,
is evidence of what is stated.
(2)Those matters are—
(a)that the bye-laws were made by the railway operator in question;
(b)that the copy is a true copy of the bye-laws;
(c)that the bye-laws were confirmed by the appropriate national authority on the date specified in the certificate;
(d)the date of the coming into force of the bye-laws.
Commencement Information
I13Sch. 9 para. 7 in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.
I14Sch. 9 para. 7 in force at 16.10.2005 in so far as not already in force by S.I. 2005/2812, art. 2(1), Sch. 1
8(1)The power to make bye-laws includes the power to make bye-laws amending or revoking bye-laws.E+W+S
(2)The appropriate national authority may by order revoke bye-laws.
Commencement Information
I15Sch. 9 para. 8 in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.
I16Sch. 9 para. 8 in force at 16.10.2005 in so far as not already in force by S.I. 2005/2812, art. 2(1), Sch. 1
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: