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Rail Passenger Services Bill

This is the text of the Rail Passenger Services Bill, as presented to the House of Commons on 27th February 2001.

Rail Passenger Services Bill




Require railway passenger service providers to compensate passengers for late journeys and to ensure that passengers reach their ultimate rail destination.

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:-

Duty to record actual arrival times of trains.     1. - (1) It shall be the duty of a passenger service operator ("operator" in this Act) to record the actual arrival time of each train at each station at which it is scheduled to stop as part of that operator's railway passenger service.
      (2) A copy of records compiled by an operator under subsection (1) shall be supplied to the Strategic Rail Authority ("the Authority" in this Act) at regular intervals.
Compensation to be paid for lateness.     2. - (1) Where the actual arrival time at a station of a train is more than twenty minutes after that train's scheduled arrival time, the operator shall be liable to pay compensation to passengers in accordance with the following provisions of this section.
      (2) Compensation shall be payable to a passenger in possession of a valid ticket at the rate of-
    (a) one-fifth of the price of his ticket; and
    (b) one-hundredth of the price of his ticket for each complete minute over twenty minutes by which the train's actual arrival time at the passenger's station of destination is later than the scheduled arrival time,
       provided that the maximum level of compensation payable shall be twice the price of the ticket.
      (3) In cases where there is disagreement between a passenger and an operator about the operator's liability to make a compensation payment, the Authority shall determine whether a liability exists and, if it determines that a liability does exist, the amount of the compensation payment which is to be made.
Obligation to convey to destination.     3. - (1) Where a train fails to reach, or stop at, a station at which it is scheduled to stop, and the Authority has made no arrangements for the provision of substitute road services under an agreement entered into in pursuance of section 214 of the Transport Act 2000, the operator shall provide or secure the provision of such services to ensure that a passenger whose destination is that station shall be conveyed to it.
      (2) The operator shall be responsible for meeting any expenditure incurred as a result of providing substitute road services under subsection (1) above.
      (3) The provisions of sections 1 and 2 shall apply to arrangements made under this section as if the actual arrival time of the substitute road service at a station were the actual arrival time of the train replaced by that service.
Regulations: compensation.     4. - (1) The Secretary of State may by regulations provide for-
    (a) the procedures applicable to the recording and compilation of records and to the payment of compensation under sections 1 to 3 above, and any incidental, supplemental, consequential or transitional provision which appears to him to be appropriate; and
    (b) the discharge or limitation of an operator's liability to pay compensation in circumstances where the lateness of a train is-
      (i) caused by circumstances wholly or partially outside the control of the operator; or
      (ii) a necessary consequence of action taken to avoid endangering the safety of passengers or others.
      (2) Regulations under this section shall be made by statutory instrument.
      (3) Before making regulations under this section, the Secretary of State shall consult-
    (a) the Scottish Parliament in relation to railway passenger services beginning and ending in Scotland; and
    (b) the National Assembly for Wales in relation to railway passenger services beginning and ending in Wales.
      (4) A statutory instrument containing regulations made under subsection (1)(a) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
      (5) A statutory instrument containing regulations made under subsection (1)(b) shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Interpretation.     5. In this Act-
    "actual arrival time" means the time at which a train or a substitute road service stops at a station;
    "locomotive", "passenger service operator", "railway passenger service", "rolling stock" and "station" have the meaning given by section 83 of the Railways Act 1993;
    "scheduled arrival time" means the time at which a train is scheduled to arrive at a station, as indicated on a timetable published by the responsible operator;
    "substitute road services" has the meaning given by section 248 of the Transport Act 2000; and "substitute road service" is construed accordingly;
    "train" means two or more items of rolling stock coupled together, at least one of which is a locomotive, used for the purpose of a railway passenger service.
Short title, commencement and extent.     6. - (1) This Act may be cited as the Rail Passenger Services Act 2001.
      (2) This Act comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.
      (3) This Act extends to England and Wales and Scotland only.

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