Railways Bill

House of Commons

Session 2004 - 05
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Railways Bill

Railways Bill
Part 4 — Network modifications etc.
37

(b)
is a determination that closures of a particular class or description are
minor closures, and
(c)
is in force immediately before the coming into force of this section,

shall have effect after that time as a determination made under this section that
closures of that class or description are minor modifications for the purposes
5
of this Part.
(11)
Any conditions agreed to under section 37(1), 39(1) or 41(1) of the 1993 Act in
connection with any determination under the section in question that a closure
is a minor closure shall have effect after the commencement of this section as if
agreed to for the purposes of subsection (5).
10
35
Closures eligible to be treated as minor modifications
(1)
The discontinuance of a railway passenger service is eligible to be treated as a
minor modification so far as the service is a service on a stretch of line along
which there is no station (or no station in use) and the circumstances are such
that—
15
(a)
trains that would otherwise use that stretch of line in travelling
between two stations will instead pass along an alternative route; and
(b)
passengers travelling on such a train will not be required to make
additional changes and will not incur significant increases of journey
times.
20
(2)
The discontinuance of the operation of a part of a network is eligible to be
treated as a minor modification so far as that part of the network consists in a
stretch of track along which there is no station (or no station in use) and the
circumstances are such that—
(a)
trains that would otherwise use that stretch of line in travelling
25
between two stations will instead pass along an alternative route; and
(b)
passengers travelling on such a train will not be required to make
additional changes and will not incur significant increases of journey
times.
(3)
The discontinuance of the operation of a part of a network is eligible to be
30
treated as a minor modification so far as that part of the network does no more
than serve a station or light maintenance depot, or some part of it, and the
circumstances are such that—
(a)
that part of the network is not necessary for the operation or use of a
station, or part of a station, for the purposes of or in connection with the
35
provision of railway passenger services; or
(b)
the operation or use of such station or part of a station as is served by
that part of the network is or has been the subject of a proposal which
is a proposal for a minor modification.
(4)
The discontinuance of the operation of a part of a network is eligible to be
40
treated as a minor modification so far as—
(a)
that part of the network consists of installations associated with any
such stretch of track as is mentioned in subsection (2) or (3); and
(b)
the circumstances are as mentioned in that subsection.
(5)
The discontinuance of the operation or use of—
45
(a)
a part of a network (other than track), or
(b)
a part of a station,

Railways Bill
Part 4 — Network modifications etc.
38


is eligible to be treated as a minor modification so far as the operation or use of
that part of the network or that part of the station is not necessary for the
operation or use of the network or station for or in connection with the
provision of railway passenger services.
(6)
Where it appears to the national authority in relation to any description of
5
closures which—
(a)
is not specified in this section, but
(b)
applies only to closures which, because of their temporary nature or
limited effect on the provision of railway passenger services,

that they should be treated as minor modifications, the authority may, by
10
order, provide for closures of that description to be treated for the purposes of
section 34 as eligible under this section to be so treated.
(7)
It is the Scottish Ministers who may make a order under subsection (6) where
the only closures to which the order relates consist in—
(a)
the discontinuance of one or more Scotland-only services;
15
(b)
the discontinuance of one or more cross-border services in relation to
all the funding is provided by the Scottish Ministers;
(c)
the discontinuance of two or more services none of which is a service
not mentioned in paragraph (a) or (b); or
(d)
the discontinuance of a network or part of a network that is wholly in
20
Scotland;

and it is the Secretary of State who may make such an order in any other case.
(8)
An order under subsection (6) is subject to the negative resolution procedure.
36
Designation of experimental passenger services
(1)
The power to designate a railway passenger service as experimental for the
25
purposes of this Part is exercisable—
(a)
if it is a Scotland-only service, by the Scottish Ministers;
(b)
if it is a cross-border service in respect of which more funding is
provided by the Scottish Ministers than the Secretary of State, by those
Ministers;
30
(c)
if it is a Welsh service in respect of which more funding is provided by
the National Assembly for Wales than the Secretary of State, by the
National Assembly for Wales; and
(d)
in the case of any other service, by the Secretary of State.
(2)
The designation must be in relation to a line or station on or from which the
35
service will be provided.
(3)
A service may not be designated as experimental for a period exceeding five
years.
(4)
Where a service is designated as experimental for a period of less than five
years—
40
(a)
the designation may subsequently be extended (on one or more
occasions) by the person who made it; but
(b)
the aggregate of the periods for which the service is designated as
experimental must not exceed five years.

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Part 4 — Network modifications etc.
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(5)
In determining for the purposes of this section the period or aggregate period
for which a service is designated as experimental, any period before the service
is introduced is to be disregarded.
(6)
The person who designates a service as experimental or extends such a
designation must—
5
(a)
send a copy of the designation or extension to the Office of Rail
Regulation; and
(b)
publish notice of the designation or extension in two successive
weeks—
(i)
in a local newspaper circulating in the area affected by the
10
designation or extension; and
(ii)
in two national newspapers.
(7)
Where—
(a)
a service is designated as experimental or its designation is extended,
and
15
(b)
the service is to be provided otherwise than in satisfaction of
requirements imposed by a franchise agreement,

the person designating must give notice of the designation or extension to the
person who is to provide the service.
(8)
For the purposes of subsection (6)(b)(i) the area affected by a designation, or by
20
the extension of a designation, is the area in which is situated the line or station
in relation to which the designation is or was made.
(9)
For the purposes of subsection (6)(b)(ii) as it applies in relation to—
(a)
a Scotland-only service,
(b)
a Wales-only service,
25

a newspaper which circulates generally in Scotland or, as the case may be,
Wales is to be regarded as being a national newspaper.
(10)
Where any railway passenger service is treated immediately before the
commencement of this section as an experimental passenger service for the
purposes of Part 1 of the 1993 Act—
30
(a)
that service shall be treated as designated as experimental for the
purposes of this Part; and
(b)
the period for which it is treated as having been designated at that time
shall be taken into account in determining the period or aggregate
period for which it may be designated under this section.
35
37
Discontinuance of experimental passenger services
(1)
Where—
(a)
a railway funding authority is a party to a franchise agreement under
which an experimental passenger service is provided,
(b)
the person providing the service proposes to discontinue it after the
40
requirement to provide it has come to an end, and
(c)
that authority does not propose to secure the continued provision of the
service,

that authority must give notice of the proposed discontinuance of the service.
(2)
Where—
45

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Part 4 — Network modifications etc.
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(a)
an experimental passenger service is provided otherwise than in
satisfaction of requirements imposed by a franchise agreement, and
(b)
the person providing the service proposes to discontinue it,

that person must give notice of his proposal and must not discontinue the
service before the end of the notice period.
5
(3)
The notice required to be given under this section is a notice which—
(a)
sets out the details of the proposed discontinuance; and
(b)
is published in the required manner.
(4)
A notice is published in the required manner if it is published, in two
successive weeks—
10
(a)
in a local newspaper circulating in the area affected by the proposal;
(b)
in two national newspapers; and
(c)
in such other manner as appears to the person giving the notice to be
appropriate.
(5)
In this section “the notice period”, in relation to a proposal to discontinue a
15
service, means the period of six weeks after the notice of that proposal has been
published in the required manner.
(6)
For the purposes of subsection (4)(a) the area affected by a proposal to
discontinue a experimental passenger service is the area in which is situated
the line or station in relation to which the service is designated as experimental.
20
(7)
For the purposes of subsection (4)(b) as it applies in relation to—
(a)
a Scotland-only service,
(b)
a Wales-only service,

a newspaper which circulates generally in Scotland or, as the case may be,
Wales is to be regarded as being a national newspaper.
25
38
Services, networks and stations excluded by order
(1)
The national authority may by order—
(a)
exclude a railway passenger service, or all railway passenger services
of a specified description, from the application of any one or more of
sections 22 to 24;
30
(b)
exclude a network or part of a network, or all networks or parts of them
of a specified description, from the application of any one or more of
sections 26 to 28;
(c)
exclude a station or part of a station, or all stations or parts them of a
specified description, from the application of any one or more of
35
sections 29 to 31.
(2)
In subsection (1) “the national authority”—
(a)
as respects a railway passenger service which is—
(i)
a Scotland-only service, or
(ii)
a cross-border service in relation to which so much of the
40
funding as is provided by a railway funding authority is
funding provided by the Scottish Ministers,

means those Ministers;
(b)
as respects a network or station, or part of a network or station, that is
wholly in Scotland, means the Scottish Ministers; and
45

Railways Bill
Part 4 — Network modifications etc.
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(c)
as respects any other railway passenger service, network or station, or
part of a network or station, means the Secretary of State.
(3)
An order under this section is subject to the negative resolution procedure.
(4)
Where any order under section 49(2), (4) or (5) of the 1993 Act (exclusions from
closure procedures under that Act) is in force immediately before the
5
commencement of this section, that order shall have effect after the
commencement of this section—
(a)
in the case of an order under section 49(2), as an order under this section
excluding the services to which it applies from sections 22 to 24 of this
Act;
10
(b)
in the case of an order under section 49(4), as an order under this section
excluding the networks, or parts of networks, to which it applies from
sections 26 to 28; and
(c)
in the case of an order under section 49(5), as an order under this section
excluding any stations, or parts of stations, to which it applies from
15
sections 29 to 31.
Substitution services
39
Quality contracts schemes in connection with service modifications
(1)
After subsection (1) of section 124 of the 2000 Act insert—
“(1A)
A Passenger Transport Authority, or a Passenger Transport Authority
20
jointly with one or more other local transport authorities, may also
make a quality contracts scheme covering the whole or part of their
area or combined area if they are satisfied—
(a)
that making a quality contracts scheme is an appropriate way of
securing that the transport needs of the potential users of a
25
relevant railway service that has been or is to be reduced or
discontinued are met;
(b)
that the making of the scheme will contribute, in an appropriate
way, to meeting the transport needs of other persons living,
working or studying in the localities served by that service;
30
(c)
that the scheme is compatible with the local transport plan of
the Passenger Transport Authority who make the scheme or (as
the case may be) of each of the authorities who join in making
the scheme; and
(d)
that the scheme will meet the needs of the persons mentioned in
35
paragraphs (a) and (b) in a way which is economic, efficient and
effective.
(1B)
A local transport authority may join in making a scheme under
subsection (1A) by reference to the reduction or discontinuance of a
railway passenger service only if—
40
(a)
they are the Passenger Transport Authority, or one of the
Passenger Transport Authorities, by reference to which that
service is a relevant railway service in relation to the scheme;
(b)
the relevant railway service by reference to which the scheme is
made is or was operating in the authority’s area; or
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Railways Bill
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(c)
the persons who live, work or study in localities served by that
service include persons living, working or studying in that
area.”
(2)
After subsection (9) of that section insert—
“(10)
In subsection (1A) the references to a local transport plan, in the case of
5
a local transport authority not having a local transport plan, are
references to the policies developed by that authority under section
108(1)(a).
(11)
In this section ‘relevant railway service’—
(a)
in relation to a scheme made by a single Passenger Transport
10
Authority acting alone, means—
(i)
a railway passenger service operating entirely within
the area of that Authority; or
(ii)
the part of a railway passenger service so operating;
(b)
in relation to a scheme made jointly by more than one local
15
transport authority, means—
(i)
a railway passenger service operating wholly or
primarily within the area of a Passenger Transport
Authority who join in making the scheme;
(ii)
a railway passenger service operating wholly or
20
primarily within the combined area of two or more
Passenger Transport Authorities who join in making the
scheme; or
(iii)
the part of a railway passenger service operating as
mentioned in sub-paragraph (i) or (ii).
25
(12)
In this section—
‘potential users’, in relation to a relevant railway service, means
persons who (but for the reduction or discontinuance of the
service) would have made use of it; and
‘railway passenger service’ has the same meaning as in the
30
Railways Act 1993 (c. 43) (see section 83(1) of that Act).
(13)
For the purposes of references in this section to where a railway
passenger service or part of such a service operates—
(a)
a service shall be treated as operating at each of the places
where stops are made at stations for the purpose of allowing
35
passengers to join or leave the service; and
(b)
a part of a service is any part of that service so far as it operates
at any one or more of those places.”
(3)
In section 126(4) of that Act (approval of scheme), after “section 124(1)” insert
“or (as the case may be) paragraphs (a) to (d) of section 124(1A)”.
40
(4)
In section 132 of that Act (variation of scheme)—
(a)
in subsection (2), for “paragraphs (a) and (b) of section 124(1)”
substitute “subsection (1)(a) and (b) of section 124 or those set out in
subsection (1A)(a) to (d) of that section”;
(b)
in subsection (3) and (4), for “those conditions”, in each place, substitute
45
“the relevant conditions”; and
(c)
after subsection (4) insert the subsection set out in subsection (5) of this
section.

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(5)
The subsection inserted after section 132(4) of that Act is—
“(4A)
In subsections (3) and (4) ‘the relevant conditions’ means—
(a)
in the case of a scheme made under section 124(1) and not
subsequently varied under subsection (1)(a) of this section, the
conditions set out in section 124(1)(a) and (b);
5
(b)
in the case of a scheme made under section 124(1A) and not
subsequently varied under subsection (1)(a) of this section, the
conditions set out in section 124(1A)(a) to (d); and
(c)
in the case of a scheme that has been varied under subsection
(1)(a) of this section, the conditions by reference to which it was
10
last so varied.”
40
Substitute road services
(1)
Where a railway passenger service—
(a)
is temporarily interrupted, or
(b)
has been discontinued,
15

the appropriate national authority may secure the provision of a substitute
service for the carriage of passengers by road by means of public service
vehicles or private hire vehicles.
(2)
Where a railway passenger service has been temporarily interrupted, the route
and stopping places of the substitute service need not correspond precisely to
20
those of the interrupted service if it is not practicable for them to do so.
(3)
Where a railway passenger service has been discontinued, the route and
stopping places of the substitute service need not correspond precisely to those
of the discontinued service if—
(a)
it is not practicable for them to do so; or
25
(b)
the substitute service broadly corresponds to the discontinued service
in terms of the localities served.
(4)
For the purposes of this section the appropriate national authority is—
(a)
in a case where the railway passenger service that is interrupted or
discontinued is a service beginning or ending in England or otherwise
30
making at least one scheduled call in England, the Secretary of State;
(b)
in a case where that railway passenger service is a relevant Scottish
passenger service, the Scottish Ministers;
(c)
and in the case where that railway passenger service is a Wales-only
service or is secured by the National Assembly for Wales, that
35
Assembly;

and where in any case there is more than one appropriate national authority
they shall each have the powers conferred by this section.
(5)
In this section a “relevant Scottish passenger service” is—
(a)
a railway passenger service provided under a Scottish franchise
40
agreement; or
(b)
a railway passenger service not falling within paragraph (a) which is a
Scotland-only service or (without being such a service) is a service the
provision of which is secured by the Scottish Ministers.
(6)
In this section “private hire vehicles” means—
45