Railways Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Railways Bill

Railways Bill
Part 4 — Network modifications etc.
44

(a)
vehicles licensed under section 37 of the Town Police Clauses Act 1847
(c. 89), section 6 of the Metropolitan Public Carriage Act 1869 (c. 115),
section 48 of the Local Government (Miscellaneous Provisions) Act
1976 (c. 57) or section 7 of the Private Hire Vehicles (London) Act 1998
(c. 34) or under any similar enactment; or
5
(b)
taxis or private hire cars licensed under section 10 of the Civic
Government (Scotland) Act 1982 (c. 45).
(7)
In this section—
“public service vehicles” has the meaning given by section 1 of the Public
Passenger Vehicles Act 1981 (c. 14); and
10
“stopping place”, in relation to a service, means a place at which a service
makes a stop for the purposes of allowing passengers to join or leave
the service.
Supplemental provisions of Part
41
Proposals by funding authorities
15
(1)
A railway funding authority may make a proposal—
(a)
for the discontinuance of a railway passenger service,
(b)
for the discontinuance of the operation of a network or part of a
network, or
(c)
for the discontinuance of the operation of a station or part of a station,
20

if, and only if, the requirements of subsection (3), (4) or (5) are satisfied.
(2)
The requirements of subsection (3) apply to the making of such a proposal by
a railway funding authority other than a Passenger Transport Executive, the
Mayor of London or Transport for London.
(3)
The requirements of this subsection are—
25
(a)
that the proposal is made in association with another proposal by the
authority;
(b)
that the other proposal relates to any agreement or other arrangements
to which the authority is a party and which relate to the provision of
financial assistance in connection with the service or the operation or
30
use of the network or station; and
(c)
that it appears to the authority that the other proposal would have an
effect which is reasonably likely to create or contribute to a need for the
service to be discontinued or the operation or use of the network or
station to be discontinued.
35
(4)
The requirements of this subsection apply in relation to the making of a
proposal by a Passenger Transport Executive and are—
(a)
that no funding in relation to a service or, as the case may be, network
or station, or part of a network or station, to which the proposal relates
is provided by a railway funding authority other than the Passenger
40
Transport Executive; or
(b)
that—
(i)
every service to which the proposal relates operates entirely
within their area; and
(ii)
every network or station, or part of a network or station, to
45
which the proposal relates is wholly in their area.

Railways Bill
Part 4 — Network modifications etc.
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(5)
The requirements of this subsection apply in relation to the making of a
proposal by the Mayor of London or Transport for London and are—
(a)
that no funding in relation to a service or (as the case may be) network
or station, or part of a network or station, to which the proposal relates
is provided by a railway funding authority other than the Mayor of
5
London or Transport for London; or
(b)
that—
(i)
every service to which the proposal relates operates entirely
within Greater London; and
(ii)
every network or station, or part of a network or station, to
10
which the proposal relates is wholly in Greater London.
(6)
The arrangements referred to in subsection (3)(b) include arrangements
between the railway funding authority in question and another such authority.
(7)
For the purposes of subsections (5) and (6) a service operates entirely within an
area if it starts and ends in that area and does not make any other scheduled
15
calls outside that area.
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Closures guidance
(1)
It shall be the duty of the Scottish Ministers to publish guidance for the
purposes of the provisions of this Part so far as they have effect in relation to—
(a)
proposals to discontinue any Scotland-only service or services;
20
(b)
proposals to discontinue any cross-border service or services in relation
to which so much of the funding as is provided by a railway funding
authority is funding provided by the Scottish Ministers;
(c)
proposals to discontinue the operation of a network or part of a
network that is wholly in Scotland; or
25
(d)
proposals to discontinue the use or operation of any station or part of a
station that is wholly in Scotland.
(2)
It shall be the duty of the Scottish Ministers acting jointly with the Secretary of
State or the National Assembly for Wales, or both of them, to publish guidance
for the purposes of the provisions of this Part so far as they have effect in
30
relation to proposals to discontinue any cross-border services in relation to
which, as the case may be—
(a)
the Secretary of State provides funding;
(b)
the National Assembly for Wales provides funding; or
(c)
both of them provide funding.
35
(3)
It shall be the duty of the Secretary of State acting jointly with the National
Assembly for Wales to publish guidance for the purposes of the provisions of
this Part so far as they have effect in relation to—
(a)
proposals to discontinue any Welsh service or services;
(b)
proposals to discontinue the operation of a network or part of a
40
network that is wholly in Wales; or
(c)
proposals to discontinue the use or operation of any station or part of a
station that is wholly in Wales.
(4)
It shall be the duty of the Secretary of State to publish guidance for the
purposes of the provisions of this Part so far as they have effect in relation to
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proposals as respects which none of the preceding subsections imposes any
duty.

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Part 4 — Network modifications etc.
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(5)
Guidance published under this section may include different provision for
different descriptions of proposals and for different purposes.
(6)
A person who is under a duty to publish guidance under this section may from
time to time—
(a)
modify the guidance; and
5
(b)
publish revised guidance.
(7)
Before publishing or modifying any guidance under this section the person
with the duty of publishing the guidance must consult—
(a)
such persons operating railway passenger services, networks and
stations that are affected by the proposed guidance as he thinks
10
appropriate; and
(b)
such other persons as he thinks appropriate.
(8)
For the purposes of subsection (7) a railway passenger service, network or
station is affected by proposed guidance if the proposed guidance would have
effect in relation to a proposal relating to that service, network or station.
15
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Exclusion of liability for breach of statutory duty
(1)
Subject to section 57 of the 1993 Act (validity and effect of final and provisional
orders under section 55 of that Act), the obligations specified in subsection (2)
shall not give rise to any form of duty or liability enforceable by civil
proceedings for breach of statutory duty.
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(2)
Those obligations are—
(a)
any obligation of a person under section 22(8) not to discontinue a
railway passenger service;
(b)
any obligation of a person under section 26(8) not to discontinue the
operation of a network or part of a network;
25
(c)
any obligation of a person under section 29(8) not to discontinue the use
of a station or part of a station;
(d)
any obligation of a person to comply with a requirement imposed
under section 33(2);
(e)
any obligation of a person to comply with conditions to which he has
30
agreed under section 34(5);
(f)
any obligation of a person under section 37(2) not to discontinue an
experimental passenger service;
(g)
any obligation of the Secretary of State or the Scottish Ministers under
this Part to secure the provision of a railway passenger service, network
35
or station or of a part of a network or station.
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Interpretation of Part 4
(1)
In this Part—
“closure” means—
(a)
the discontinuance of a railway passenger service or of railway
40
passenger services;
(b)
the discontinuance of the operation of the whole or a part of a
network; or
(c)
the discontinuance of the use or operation of the whole or a part
of a station;
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Part 4 — Network modifications etc.
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“closure non-ratification notice” is to be construed in accordance with
section 32(6);
“closure ratification notice” is to be construed in accordance with section
32(7);
“closures guidance” means the guidance published under section 42, and
5
references to the relevant part of the closures guidance are to be
construed in accordance with subsection (2);
“the end of the interim period” is to be construed in accordance with
subsection (3);
“excluded proposal” is to be construed in accordance with section 38;
10
“experimental passenger service” means a railway passenger service
which, before its introduction, was designated under section 36 as
experimental;
“proposal date”, in relation to a proposal for the discontinuance of any
service or services, or any network or station or part of a network or
15
station, means the date after which, according to the proposal, the
service or services will no longer be provided or, as the case may be, the
operation or use of the network or station or part of a network or station
will be discontinued;
“railway funding authority” means—
20
(a)
the Secretary of State;
(b)
the Scottish Ministers;
(c)
the National Assembly for Wales;
(d)
a Passenger Transport Executive;
(e)
the Mayor of London;
25
(f)
Transport for London;
(g)
a person designated as such an authority by an order under
subsection (4);
“secured service” means a service which is provided by or on behalf of the
Secretary of State or the Scottish Ministers under—
30
(a)
section 30 of the 1993 Act;
(b)
section 22(9), 23(7) or 24(7) or (8) of this Act; or
(c)
a requirement imposed under section 33(2) of this Act;
“secured”, in relation to a network or station, or a part of a network or
station, means provided on behalf of the Secretary of State or the
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Scottish Ministers under—
(a)
section 26(9), 27(7) or 28(7) or (8) of this Act (networks);
(b)
section 29(9), 30(9) or 31(6) or (7) of this Act (stations); or
(c)
a requirement imposed under section 33(2) of this Act.
(2)
In this Part “the relevant part of the closures guidance”—
40
(a)
in relation to a proposal to discontinue any railway passenger service
or services, means the part of the closures guidance relating to the
discontinuance of any such services that is applicable to that proposal;
(b)
in relation to a proposal to discontinue the operation of a network or
part of a network, means the part of the closures guidance relating to
45
the discontinuance of the operation of networks or parts of networks
that is applicable to that proposal; and
(c)
in relation to a proposal to discontinue the use or operation of a station
or part of a station, means the part of the closures guidance relating to

Railways Bill
Part 5 — Further miscellaneous provisions
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the discontinuance of the use or operation of such stations or parts of
such stations that is applicable to that proposal.
(3)
For the purposes of this Part the interim period, in relation to a proposal for the
discontinuance of any service or services, or any network or station or part of
a network or station, is a period ending—
5
(a)
in a case where the national authority forms the opinion in accordance
with the criteria set out in the relevant part of the closures guidance that
the proposal should not be allowed, with the proposal date; and
(b)
otherwise, as the case may be—
(i)
with the date on which notification is given to the person who
10
made the proposal that the national authority has changed its
opinion with respect to the proposal;
(ii)
with the withdrawal of the proposal; or
(iii)
four weeks after the date on which a closure ratification notice
or closure non-ratification notice is issued by the Office of Rail
15
Regulation on any reference to it relating to the proposal.
(4)
The Secretary of State may by order designate a person as a railway funding
authority if—
(a)
that person is a person on whom functions are conferred by or under
any enactment; and
20
(b)
the Secretary of State is satisfied that that person, in the carrying out of
those functions, provides financial assistance for purposes that are
connected with railways or the provision of railway services.
(5)
An order under subsection (4) is subject to the negative resolution procedure.
(6)
In subsection (4)(a), “enactment” includes an enactment contained in an Act of
25
the Scottish Parliament.
(7)
In this Part references to financial assistance include references to each of the
following—
(a)
the making of grants or loans;
(b)
the giving of guarantees; and
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(c)
investments in bodies corporate.
Part 5
Further miscellaneous provisions
Conduct and accessibility on railways
45
Bye-laws
35
(1)
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;
40
(d)
the conduct of persons while on relevant assets.
(2)
Those bye-laws may include, in particular—

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Part 5 — Further miscellaneous provisions
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(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
5
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
10
(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.
(3)
Schedule 9 (which makes provisions about bye-laws under this section) has
effect.
15
(4)
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
20
reference in those bye-laws to that Authority were a reference to the Secretary
of State.
(5)
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.
25
(6)
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
30
(c)
are in force immediately before the commencement of this section.
(7)
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; or
35
(b)
exempt by virtue of section 7 of that Act or any other enactment from
the requirement to be so authorised.
(8)
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
40
management for the time being.
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Power of Scottish Ministers to make penalty fare regulations
(1)
In section 130 of the 1993 Act (penalty fare regulations), in subsection (1), for
“The Secretary of State may by regulations” substitute “The Secretary of State
and the Scottish Ministers shall each have power by regulations to”.
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Part 5 — Further miscellaneous provisions
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(2)
After subsection (1) insert—
“(1A)
The power of the Scottish Ministers under this section shall be
exercisable only in relation to trains and stations used for the purposes
of—
(a)
railway passenger services provided under Scottish franchise
5
agreements; 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.”
10
47
Code of practice for disabled rail users in Scotland
(1)
The Scottish Ministers shall have power to prepare, and from time to time to
revise, a code of practice for protecting the interests of users of relevant Scottish
services who are disabled.
(2)
The Scottish Ministers must publish a code prepared by them under this
15
section, and every revision of it, in such manner as they consider appropriate.
(3)
Before preparing or revising a code under this section the Scottish Ministers
must consult the Disabled Persons Transport Advisory Committee established
under section 125 of the Transport Act 1985 (c. 67).
(4)
In this section “relevant Scottish service” means—
20
(a)
a railway passenger service provided under a Scottish franchise
agreement;
(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; or
25
(c)
a station service provided in relation to a station in Scotland at which a
service falling within paragraph (a) or (b) makes a scheduled call.
Railway administration orders for companies providing Scottish services
48
Functions of Scottish Ministers in relation to railway administration
(1)
In subsection (6) of section 59 of the 1993 Act (interpretation of expressions
30
used in connection with railway administration)—
(a)
after “Part—” insert—
“(za)
‘appropriate national authority’—
(i)
in relation to a Scottish protected railway
company or a company subject to a railway
35
administration order that was such a company
when the order was made, means the Scottish
Ministers; and
(ii)
in relation to any other protected railway
company or company subject to a railway
40
administration order, means the Secretary of
State;”
(b)
after paragraph (b) insert—
“(c)
‘Scottish protected railway company’ means a protected
railway company that is such a company only in respect
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