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The Rail Passengers’ Rights and Obligations Regulations 2010

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18.—(1) The Passengers’ Council is designated as a body to which complaints may be made under Article 30(2) of the European Regulation, in relation to matters that fall within its functions under any enactment (other than this regulation), disregarding any order made under section 76(7B) or (7C) of the 1993 Act(1) (power to exclude specified services from general duties of the Passengers’ Council).

(2) In matters for which the Passengers’ Council is a body to which complaints may be made under Article 30(2) of the European Regulation, section 76 of the 1993 Act (general duties of the Passengers’ Council) has effect as if—

(a)in subsection (5)—

(i)the references to the Secretary of State included a reference to the ORR, and

(ii)in relation to a matter being referred to the ORR under that subsection as modified by paragraph (i), the words “unless representations about the matter have been made to the Secretary of State by the Passengers’ Council” were omitted,

(b)subsection (5A)(2) were omitted, and

(c)in subsection (7), the reference to the Secretary of State included a reference to the ORR.

(3) The London Transport Users’ Committee is designated as a body to which complaints may be made under Article 30(2) of the European Regulation, in relation to matters that fall within its functions under any enactment (other than this regulation), disregarding any order made under section 252E of the Greater London Authority Act 1999(3) (power to make exclusions from duties of Committee).

(4) In matters for which the London Transport Users’ Committee is a body to which complaints may be made under Article 30(2) of the European Regulation, section 252C of the Greater London Authority Act 1999 (action on investigation under section 252B) has effect as if—

(a)in subsection (3)—

(i)the references to the Secretary of State included a reference to the ORR, and

(ii)in relation to a matter being referred to the ORR under that subsection as modified by paragraph (i), the words “subject to subsection (4)” were omitted,

(b)subsection (4) did not apply in relation to the reference of a matter to the ORR under that subsection as modified by sub-paragraph (a)(i),

(c)subsection (5) were omitted, and

(d)in subsection (6), the reference to the Secretary of State included a reference to the ORR.

(1)

Section 76(7B) and (7C) were inserted by the Transport Act 2000 (c.38), section 228(1) and (4).

(2)

Section 76(5A) was inserted by the Transport Act 2000, Schedule 17, and amended by the Railways Act 2005 (c.14), Schedule 1, and the Railways and Transport Safety Act 2003 (c.20), Schedule 2.

(3)

1999 c.29. Sections 252A to 252E were inserted by the Railways Act 2005 (c.14), Schedule 6.

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