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Railways Bill


Railways Bill
Part 2 — Public sector funding authorities for railways

16

 

17      

Membership of Transport for London

(1)   

Paragraph 2 of Schedule 10 to the Greater London Authority Act 1999 (c. 29)

(membership of Transport for London) is amended as follows.

(2)   

After sub-paragraph (2) insert—

   “(2A)  

The Mayor must exercise his powers under this paragraph so as to

5

secure that at least two members of Transport for London are able to

represent the interests of the persons living, working and studying in

areas outside Greater London that are served by railway passenger

services in respect of which Transport for London carries out

functions, or is likely to do so.”

10

(3)   

After sub-paragraph (3) insert—

   “(3A)  

Before making an appointment for the purposes of sub-paragraph

(2A) above, the Mayor must consult the regional planning body for

each of the regions where the areas served by the services mentioned

in that sub-paragraph are situated.”

15

(4)   

After sub-paragraph (5) insert—

   “(5A)  

Notwithstanding sub-paragraphs (4) and (5)—

(a)   

a person who is a member of a principal council may be

appointed to be, and remain, a member of Transport for

London if his appointment is one in performance of the

20

Mayor’s duty under paragraph (2A); but

(b)   

no more than two such persons may be members of

Transport for London at the same time.”

(5)   

After sub-paragraph (7) insert—

    “(8)  

In this paragraph—

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‘railway passenger service’ has the same meaning as in Part 1 of

the Railways Act 1993; and

‘regional planning body’ and ‘region’ have the same meanings

as in Part 1 of the Planning and Compulsory Purchase Act

2004.”

30

(6)   

It shall be the duty of the Mayor of London, within the period of six months

beginning with the commencement of subsection (2)—

(a)   

to review the existing membership of Transport for London; and

(b)   

to decide whether it is necessary for the purposes of the sub-paragraph

inserted by that subsection for him to exercise any of his powers under

35

paragraph 2 of Schedule 10 to the Greater London Authority Act 1999.

(7)   

Before making that decision the Mayor must consult the same regional

planning bodies (within the meaning of that paragraph) as he is required to

consult before making an appointment for the purposes of that sub-paragraph.

Provision of service by provider of last resort

40

18      

Qualification of duty in respect of services funded by others

(1)   

In subsection (3) of section 30 of the 1993 Act (restrictions on duty to provide

 
 

Railways Bill
Part 3 — Rail Passengers’ Council and Rail Passengers’ Committees

17

 

service as provider of last resort) after paragraph (a) insert—

“(aa)   

require the relevant franchising authority to provide or secure

the provision of a Welsh service where it appears to the

authority that it will not be receiving funds from the National

Assembly for Wales that are reasonably equivalent to those

5

provided by that Assembly (whether directly to the previous

franchisee or otherwise) in respect of the service provided by

the previous franchisee;

(ab)   

require the Secretary of State to provide or secure the provision

of a service within the area of a Passenger Transport Executive

10

where it appears to him that he will not be receiving funds from

the Executive that are reasonably equivalent to those provided

by that Executive (whether directly to the previous franchisee

or otherwise) in respect of the service provided by the previous

franchisee;

15

(ac)   

require the Secretary of State to provide or secure the provision

of a service that makes scheduled calls in Greater London where

it appears to him that he will not be receiving funds from

Transport for London that are reasonably equivalent to those

that were provided by Transport for London (whether directly

20

to the previous franchisee or otherwise) in respect of the service

provided by the previous franchisee;”.

(2)   

In that section, at the end, insert—

“(3C)   

In this section—

‘previous franchisee’, in relation to a railway passenger service,

25

means the franchisee in relation to the franchise agreement

under which the service was previously provided; and

‘Welsh service’ has the same meaning as in the Railways Act 2005;

   

and references in this section to a Passenger Transport Executive and to

a service within the area of a Passenger Transport Executive are to be

30

construed as they are to be construed for the purposes of section 13 of

that Act.”

Part 3

Rail Passengers’ Council and Rail Passengers’ Committees

19      

The Rail Passengers’ Council

35

(1)   

There shall be a body corporate to be known as the Rail Passengers’ Council.

(2)   

That Council shall consist of—

(a)   

a chairman appointed by the Secretary of State;

(b)   

a member appointed by the Scottish Ministers;

(c)   

a member appointed by the National Assembly for Wales;

40

(d)   

a member appointed by the London Assembly from the members of the

London Transport Users’ Committee; and

(e)   

not more than twelve other members appointed by the Secretary of

State after consultation with the chairman.

(3)   

The chairman and other members of that Council—

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Railways Bill
Part 3 — Rail Passengers’ Council and Rail Passengers’ Committees

18

 

(a)   

shall each hold and vacate office in accordance with the terms and

conditions of his appointment; and

(b)   

on ceasing to hold office, shall be eligible for re-appointment.

(4)   

The consent of the Secretary of State is required for the terms and conditions of

an appointment under subsection (2)(b) or (c).

5

(5)   

The London Assembly must consult the Secretary of State before fixing the

terms and conditions of an appointment under subsection (2)(d).

(6)   

On the day appointed for the commencement of this subsection the council

known as the Rail Passengers’ Council that was established by section 3(2) of

the 1993 Act shall cease to exist.

10

(7)   

References in enactments, instruments and other documents to the Rail

Passengers’ Council established by section 3(2) of the 1993 Act shall have effect

from the commencement of this subsection as references to the Council

established by subsection (1).

(8)   

If the Secretary of State considers it appropriate to do so in connection with or

15

in anticipation of the establishment of the Rail Passengers’ Council by

subsection (1), he may terminate the appointment of any person as chairman

or member of the Council established by section 3(2) of the 1993 Act.

(9)   

If a person’s appointment is terminated under subsection (8) before his term of

office would have expired apart from this Act, the Secretary of State may, if he

20

thinks it appropriate to do so, pay that person such sum by way of

compensation as the Secretary of State determines.

(10)   

Schedule 5 (which makes provision about the Council established by

subsection (1)) has effect.

20      

Delegation of functions by Council

25

After section 76 of the 1993 Act (functions of Rail Passengers’ Council)—

“76A    

Delegation of duties under section 76(7A)

(1)   

The Rail Passengers’ Council and any other public body may enter into

an agreement for that other body to be responsible, in accordance with

the agreement, for —

30

(a)   

determining what is expedient for the purposes of subsection

(7A) of section 76 above in relation to an area specified in the

agreement; and

(b)   

otherwise performing that Council’s duties under that

subsection in relation to that area.

35

(2)   

So long as an agreement under this section is in force—

(a)   

the duties of the Rail Passengers’ Council under subsection (7A)

of section 76 above shall be deemed, in relation to the area

specified in the agreement, to fall on the other party to it, instead

of on that Council; but

40

(b)   

that Council is not to be prevented from doing anything

mentioned in that subsection in relation to that area.

(3)   

An agreement under this section—

(a)   

may be entered into on such terms and conditions as the parties

to it may agree; and

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Railways Bill
Part 4 — Network modifications etc.

19

 

(b)   

may contain provision for determining for the purposes of this

section in what circumstances things done under or for the

purposes of section 76(7A) are to be treated as done in relation

to the area specified in the agreement.

(4)   

The consent of the Secretary of State is required before the Rail

5

Passengers’ Council and another public body may enter into an

agreement under this section.

(5)   

In this section ‘public body’ means any authority or other body on

which functions are conferred by or under an enactment.

(6)   

In subsection (5) ‘enactment’ includes an enactment comprised in an

10

Act of the Scottish Parliament.”

21      

Rail Passengers’ Committees

(1)   

On the day appointed for the commencement of this subsection the Rail

Passengers’ Committees established under section 2(2) of the 1993 Act shall

cease to exist.

15

(2)   

In section 68(2) of the 1993 Act (power of ORR to require Rail Passengers’

Committee to investigate a matter), for “a Rail Passengers’ Committee”

substitute “the Rail Passengers’ Council”.

(3)   

Schedule 6 (which provides for the London Transport Users’ Committee to

continue to have functions it previously had by virtue of being treated as a Rail

20

Passengers’ Committee) has effect.

(4)   

If the Secretary of State considers it appropriate to do so in connection with or

in anticipation of the abolition of a Rail Passengers’ Committee, he may

terminate the appointment of any person as chairman or member of the

Committee.

25

(5)   

If a person’s appointment is terminated under subsection (4) before his term of

office would have expired apart from this Act, the Secretary of State may, if he

thinks it appropriate to do so, pay that person such sum by way of

compensation as the Secretary of State determines.

Part 4

30

Network modifications etc.

Discontinuance of railway passenger services

22      

Proposal by service operator to discontinue non-franchised services

(1)   

This section applies where—

(a)   

all the relevant railway passenger services on a particular line or from

35

a particular station are provided otherwise than in satisfaction of

requirements imposed by a franchise agreement;

(b)   

a proposal for the discontinuance of all the relevant railway passenger

services provided on that line, or from that station, is made by the

person providing them (“the service operator”); and

40

(c)   

the proposal is not a proposal for a minor modification.

 
 

Railways Bill
Part 4 — Network modifications etc.

20

 

(2)   

The references in subsection (1) to relevant railway passenger services are

references to railway passenger services that are not—

(a)   

secured services;

(b)   

experimental passenger services;

(c)   

services involving travel through the Channel Tunnel;

5

(d)   

services that are provided otherwise than as regular scheduled services

for the line or station in question; or

(e)   

services excluded from the application of this section by an order under

section 38.

(3)   

The service operator must give notice to the national authority setting out—

10

(a)   

particulars of the proposal to discontinue those services; and

(b)   

a summary of the results of the assessment carried out in accordance

with subsection (5).

(4)   

The particulars set out in the notice must include, in particular—

(a)   

the services to which the proposal relates; and

15

(b)   

the proposal date;

   

and the proposal date must be a date not less than three months after the date

of the notice.

(5)   

Before giving the notice under subsection (3), the service operator must carry

out an assessment of whether the proposal satisfies the criteria set out in the

20

relevant part of the closures guidance; and that assessment must be carried out

in accordance with that guidance.

(6)   

The national authority to which a notice is given under subsection (3) must—

(a)   

consider whether the closure in question should be allowed; and

(b)   

before the proposal date, form an opinion on that matter in accordance

25

with the criteria set out in the relevant part of the closures guidance.

(7)   

If the national authority forms the opinion that the closure should be allowed,

it must—

(a)   

carry out a consultation under Schedule 7 about the proposal; and

(b)   

after carrying out that consultation, either notify the service operator

30

that it has changed its opinion or refer the proposal (with or without

modifications) to the Office of Rail Regulation.

(8)   

The service operator must not discontinue the services in question before the

end of the interim period.

(9)   

If—

35

(a)   

the national authority forms the opinion under subsection (6)(b) that

the closure should not be allowed,

(b)   

the national authority changes its opinion following the consultation

under subsection (7)(a), or

(c)   

on a reference to the Office of Rail Regulation under subsection (7)(b),

40

that Office issues a closure non-ratification notice,

   

the national authority must secure the provision of the services to which

proposal relates after the end of the interim period.

(10)   

The duty imposed by subsection (9) in relation to any services ceases if the

services begin to be provided under a franchise agreement.

45

(11)   

In this section “the national authority”—

 
 

Railways Bill
Part 4 — Network modifications etc.

21

 

(a)   

in relation to a proposal relating to services all of which are Scotland-

only services, means the Scottish Ministers; and

(b)   

in any other case, means the Secretary of State.

23      

Proposal by funding authority to discontinue non-franchised services

(1)   

This section applies where—

5

(a)   

all the relevant railway passenger services on a particular line or from

a particular station are provided otherwise than in satisfaction of

requirements imposed by a franchise agreement;

(b)   

a proposal for the discontinuance of all the relevant railway passenger

services provided on that line, or from that station, is made, in

10

accordance with section 41, by a railway funding authority; and

(c)   

the proposal is not a proposal for a minor modification.

(2)   

The references in subsection (1) to relevant railway passenger services are

references to railway passenger services that are not—

(a)   

secured services;

15

(b)   

experimental passenger services;

(c)   

services involving travel through the Channel Tunnel;

(d)   

services that are provided otherwise than as regular scheduled services

for the line or station in question; or

(e)   

services excluded from the application of this section by an order under

20

section 38.

(3)   

The railway funding authority making the proposal must—

(a)   

give notice of its proposal to the national authority, if it is not itself that

authority;

(b)   

carry out a consultation under Schedule 7 about the proposal; and

25

(c)   

after carrying out that consultation, either withdraw the proposal or

refer the proposal (with or without modifications) to the Office of Rail

Regulation.

(4)   

A notice to the national authority under subsection (3)(a) must set out—

(a)   

particulars of the proposal for the closure including, in particular—

30

(i)   

the services to which the proposal relates; and

(ii)   

the proposal date; and

(b)   

a summary of the results of the assessment carried out in accordance

with subsection (5).

(5)   

Before—

35

(a)   

giving a notice under subsection (3)(a), in a case where it is not itself the

national authority, or

(b)   

in any other case, carrying out the consultation under subsection (3)(b),

   

the railway funding authority making the proposal must carry out an

assessment of whether the proposal satisfies the criteria set out in the relevant

40

part of the closures guidance; and that assessment must be carried out in

accordance with that guidance.

(6)   

If arrangements under or in accordance with which the services are being

provided do not require the services to be provided until the end of the interim

period, the national authority must secure the provision of the services until

45

the end of that period.

 
 

Railways Bill
Part 4 — Network modifications etc.

22

 

(7)   

If on a reference under subsection (3)(c) the Office of Rail Regulation issues a

closure non-ratification notice, the national authority must secure the

provision of the services to which the proposal relates after the end of the

interim period.

(8)   

The duty imposed by subsection (7) in relation to any services ceases if the

5

services begin to be provided under a franchise agreement.

(9)   

In this section “the national authority”—

(a)   

in relation to a proposal relating to services all of which are Scotland-

only services, means the Scottish Ministers; and

(b)   

in any other case, means the Secretary of State.

10

24      

Proposals to discontinue franchised or secured services

(1)   

This section applies where—

(a)   

all the relevant railway passenger services on a particular line or from

a particular station fall within subsection (2);

(b)   

a proposal for the discontinuance of all the relevant railway passenger

15

services provided on that line, or from that station, is made, in

accordance with section 41, by a railway funding authority; and

(c)   

the proposal is not a proposal for a minor modification.

(2)   

A service falls within this subsection if it is—

(a)   

a franchised service; or

20

(b)   

a secured service.

(3)   

The references in subsection (1) to relevant railway passenger services are

references to railway passenger services that are not—

(a)   

experimental passenger services;

(b)   

services involving travel through the Channel Tunnel;

25

(c)   

services that are provided otherwise than as regular scheduled services

for the line or station in question; or

(d)   

services excluded from the application of this section by an order under

section 38.

(4)   

The railway funding authority making the proposal must—

30

(a)   

give notice of its proposal to the national authority, if it is not itself that

authority;

(b)   

carry out a consultation under Schedule 7 about the proposal; and

(c)   

after carrying out that consultation, either withdraw the proposal or

refer the proposal (with or without modifications) to the Office of Rail

35

Regulation.

(5)   

A notice to the national authority under subsection (4)(a) must set out—

(a)   

particulars of the proposal for the closure including, in particular—

(i)   

the services to which the proposal relates; and

(ii)   

the proposal date; and

40

(b)   

a summary of the results of the assessment carried out in accordance

with subsection (6).

(6)   

Before—

(a)   

giving a notice under subsection (4)(b), in a case where it is not itself the

national authority, or

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