Part 5Further miscellaneous provisions
Conduct and accessibility on railways
C146Bye-laws
I11
A railway operator may make bye-laws regulating one or more of the following—
a
the use and working of a relevant asset;
b
travel on or by means of a relevant asset;
c
the maintenance of order on relevant assets;
d
the conduct of persons while on relevant assets.
I12
Those bye-laws may include, in particular—
a
bye-laws with respect to tickets issued for entry on relevant assets or for travel by railway or with respect to evasion of the payment of fares or other charges;
b
bye-laws with respect to the obstruction of a railway;
c
bye-laws with respect to any other interference with the working of a railway, with a relevant asset or with the provision of a railway service;
d
bye-laws prohibiting or restricting smoking in railway carriages and elsewhere;
e
bye-laws for the prevention of nuisance;
f
bye-laws with respect to the receipt and delivery of goods; and
g
bye-laws for regulating the passage of bicycles and other vehicles on footways and other premises controlled by the railway operator in question and intended to be used by those on foot.
I2I43
Schedule 9 (which makes provisions about bye-laws under this section) has effect.
I34
Bye-laws which—
a
were made by the Strategic Rail Authority under section 219 of the 2000 Act, and
b
are in force immediately before the repeal of that section by this Act,
shall continue to have effect after the coming into force of that repeal as if every reference in those bye-laws to that Authority were a reference to the Secretary of State.
I35
The Secretary of State may by order revoke or amend—
a
any bye-laws having effect in accordance with subsection (4); or
b
any bye-laws saved by the 2000 Act.
F35A
The Welsh Ministers may by order revoke or amend any bye-laws falling within subsection (5)(a) or (b) to the extent that they regulate—
a
the use and working of a relevant asset that is a Welsh asset;
b
travel on or by means of such an asset;
c
the maintenance of order on such an asset; or
d
the conduct of persons while on such an asset.
I36
In subsection (5), “bye-laws saved by the 2000 Act” means bye-laws which—
a
were made (or have effect as if they were made) under section 67 of the Transport Act 1962 (c. 46) or section 129 of the 1993 Act;
b
were continued in force by paragraph 5(2) of Schedule 28 to the 2000 Act; and
c
are in force immediately before the commencement of this section.
I17
In this section “railway operator” means an operator of a railway asset who is—
a
authorised to be the operator of that asset by a licence granted under section 8 of the 1993 Act; F1...
b
exempt by virtue of section 7 of that Act or any other enactment from the requirement to be so authorised F2or
I18
In this section “relevant asset”, in relation to a railway operator, means—
a
a railway asset of which he is the operator; or
b
any rolling stock not falling within paragraph (a) of which he has the management for the time being.
F49
In this section “Welsh asset” means an asset (other than an asset that is part of a network) that is—
a
permanently situated in Wales; or
b
used only in Wales.