Railways Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Railways Bill

Railways Bill
Schedule 5 — Rail Passengers’ Council established by s. 19(1)
Part 6 — Procedure
102

Supplementary powers
14    (1)
The RPC may do anything that appears to it to be likely to facilitate the
carrying out of its functions, or to be conducive or incidental to the carrying
out of those functions.
      (2)
The RPC may make charges for services or facilities that it provides or makes
5
available at a person’s request and otherwise than in performance of a duty
to do so.
Part 6
Procedure
Regulation of procedure
10
15    (1)
Subject to this paragraph and paragraph 16, the RPC may regulate its own
procedure.
      (2)
Sub-paragraph (1) includes power to make provision about quorums.
      (3)
The RPC must meet when convened by the chairman.
      (4)
The chairman may convene a meeting of the RPC whenever he thinks fit.
15
      (5)
The chairman must—
(a)
convene meetings of the RPC so that it meets at least twice a year;
and
(b)
convene a meeting whenever three members of the RPC require him
to do so.
20
      (6)
The RPC must secure—
(a)
that minutes are kept of the proceedings at every meeting of the RPC;
and
(b)
that copies of those minutes are sent to the Secretary of State.
      (7)
The validity of proceedings of the RPC is not to be affected by—
25
(a)
a vacancy in its membership; or
(b)
a defect in the appointment of a member.
Admission of the public to meetings
16    (1)
Meetings of the RPC must be open to the public; but the public must be
excluded during any item of business that is confidential for the purposes of
30
this paragraph.
      (2)
An item of business is confidential for the purposes of this paragraph where,
if members of the public were to be present during that item, it is likely that
information furnished in confidence to the RPC by—
(a)
the Office of Rail Regulation, or
35
(b)
the Secretary of State,

would be disclosed in breach of the obligation of confidence.
      (3)
An item of business is confidential for the purposes of this paragraph where
the RPC has resolved that—
(a)
because of the confidential nature of the item, or
40

Railways Bill
Schedule 5 — Rail Passengers’ Council established by s. 19(1)
Part 6 — Procedure
103

(b)
for other special reasons stated in the resolution,

it is desirable in the public interest that the public be excluded during that
item.
      (4)
An item of business is confidential for the purposes of this paragraph where,
if members of the public were to be present during that item, it is likely
5
that—
(a)
there would be disclosed to them a matter relating to the affairs of an
individual or relating specifically to the affairs of a particular body
(whether corporate or unincorporate); and
(b)
public disclosure of the matter would or might, in the opinion of the
10
RPC, seriously and prejudicially affect the interests of that individual
or body.
      (5)
An item of business is confidential for the purposes of this paragraph where
the circumstances—
(a)
are specified for the purposes of this sub-paragraph in an order made
15
by the Secretary of State; or
(b)
are determined to be confidential for those purposes in accordance
with an order so made.
      (6)
An order under sub-paragraph (5) is subject to the negative resolution
procedure.
20
17
The RPC must give such notice—
(a)
of any meeting of the RPC which is open to the public, and
(b)
of the business to be taken at that meeting (other than items during
which the public is to be excluded),

as it considers appropriate for the purpose of bringing the meeting to the
25
attention of interested members of the public.
Local committees
18    (1)
If the Secretary of State so directs, the RPC must establish committees to
advise it in relation to the carrying out of its functions in relation to
particular areas.
30
      (2)
The members of a committee established under this paragraph are to be
appointed by the RPC.
      (3)
The RPC may appoint such persons as it thinks fit and the membership of
the committee may consist of or include persons who are not themselves
members of the RPC.
35
      (4)
The RPC may regulate the procedure of a committee established under this
paragraph.
      (5)
The RPC may reimburse a member of a committee established under this
paragraph who is not a member of the RPC—
(a)
for travelling expenses;
40
(b)
for other out-of-pocket expenses not relating to loss of remuneration.

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Schedule 6 — Functions retained by London Transport Users’ Committee
104

Execution of documents
19    (1)
The application of the seal of the RPC shall be authenticated by the signature
of a member or employee of the RPC whom it has authorised for the purpose
(whether generally or specifically).
      (2)
Any document which the RPC is authorised or required by or under any
5
enactment to serve, make or issue may be signed on its behalf by a member
or employee whom it has authorised for the purpose (whether generally or
specifically).
      (3)
Every document purporting—
(a)
to be an instrument made or issued by or on behalf of the RPC, and
10
(b)
to be duly executed under the seal of the RPC, or to be duly signed
or executed by a person authorised by the RPC for the purpose,

shall be received in evidence and, unless the contrary is shown, treated
without further proof as so made or issued.
      (4)
In this paragraph the reference to a signature includes a reference to a
15
facsimile of a signature produced by any process and “signed” is to be
construed accordingly.
      (5)
In this paragraph “enactment” includes an enactment comprised in an Act of
the Scottish Parliament.
Schedule 6
20
Section 21

Functions retained by London Transport Users’ Committee
Members of LTUC to represent users of services in London railway area
1
In section 247(3)(b) of the Greater London Authority Act 1999 (c. 29)
(members of LTUC appointed to represent railway users in particular area),
for the words from “area for which” onwards substitute “area for which the
25
Committee fell, immediately before the repeal of section 2 of the Railways
Act 1993 (Rail Passengers’ Committees), to be treated as the Rail Passengers’
Committee for the purposes specified in subsection (4) of that section”.
General duty of LTUC to keep railway matters under review
2
Before section 253 of that Act insert—
30
“252A
Committee to keep railways matters under review
(1)
It shall be the duty of the Committee, so far as it appears to it
expedient from time to time to do so—
(a)
to keep under review matters affecting the interests of the
public in relation to railway passenger services provided
35
wholly or partly within the London railway area;
(b)
to keep under review matters affecting the provision of
station services within that area;
(c)
to make representations to, and to consult, such persons as it
thinks appropriate about the matters mentioned in
40
paragraphs (a) and (b); and

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Schedule 6 — Functions retained by London Transport Users’ Committee
105

(d)
to co-operate with other bodies representing the interests of
users of public passenger transport services provided wholly
or partly within that area.
(2)
In this section—
(a)
references to the London railway area are references to the
5
area for which the Committee fell, immediately before the
repeal of section 2 of the Railways Act 1993 (Rail Passengers’
Committees), to be treated as the Rail Passengers’ Committee
for the purposes specified in subsection (4) of that section;
(b)
references to railway passenger services include references to
10
bus substitution services; and
(c)
subject to that, expressions used in this section and in Part 1
of the Railways Act 1993 have the same meanings in this
section as in that Part.”
Duty of LTUC to investigate matters
15
3
In that Act, after the section 252A inserted by paragraph 2 of this Schedule,
insert—
“252B
  References to Committee in relation to railways
(1)
It shall be the duty of the Committee to investigate any matter
relating to a relevant railway matter if—
20
(a)
it is the subject of a representation made to the Committee by
a user or potential user of railway passenger services;
(b)
it is referred to the Committee by the Secretary of State, the
Office of Rail Regulation, the Rail Passengers’ Council, the
London Assembly or Transport for London; or
25
(c)
it appears to the Committee that it is a matter that it ought to
investigate.
(2)
A matter is a relevant railway matter for the purposes of subsection
(1) if it relates to—
(a)
the provision of railway passenger services wholly or partly
30
within the London railway area; or
(b)
the provision of station services within that area in a case in
which the operator of the station is authorised by a licence
under Part 1 of the Railways Act 1993.
(3)
The Secretary of State may also refer the following matters to the
35
Committee for the purpose only of requiring the Committee to
prepare a report on them—
(a)
matters relating to the quality of railway passenger services
provided wholly or partly within the London railway area;
and
40
(b)
matters relating to the quality of station services provided in
that area.
(4)
The Committee must also assist the Secretary of State, to such extent
and in such manner as he may require, in ascertaining whether the
franchise operator in the case of a particular franchise agreement is
45
attaining the standards set for the provision of the franchised
services.

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106

(5)
The Committee is not required to investigate a matter in a case falling
within subsection (1)(a) if it appears to the Committee that the
representation is frivolous or vexatious.
(6)
Subsection (2) of section 252A applies for the purposes of this section
as it applies for the purposes of that section.
5
252C
Action on investigation under section 252B
(1)
On investigating a matter under section 252B the Committee must, if
it considers it appropriate to do so—
(a)
in every case, make appropriate representations to the person
providing the service;
10
(b)
in the case of a service provided under a franchise agreement
by a person other than the franchisee, make appropriate
representations to the franchisee; and
(c)
in the case of a secured service (within the meaning of Part 4
of the Railways Act 2005), make appropriate representations
15
to the Secretary of State.
(2)
In subsection (1) ‘appropriate representations’ means
representations about—
(a)
any matter appearing to the Committee to be relevant to the
subject-matter of the investigation; and
20
(b)
any other matter to which a matter so appearing relates.
(3)
Subject to subsection (4), where the Committee—
(a)
having made representations under subsection (1), is of the
opinion that it is unable to obtain a satisfactory resolution by
that means,
25
(b)
on investigating a matter, has reason for believing that the
holder of a licence under Part 1 of the Railways Act 1993 is
contravening a condition of the licence, or is likely to do so, or
(c)
on investigating a matter, has reason for believing that a
franchisee in relation to a franchise agreement is
30
contravening the provisions of the agreement, or is likely to
do so,

the Committee must refer the matter to the Secretary of State (or if he
referred it to the Committee, back to him) with a view to his
exercising such of his powers as he considers appropriate in the
35
circumstances of the case.
(4)
Subsection (3) does not apply in a case where representations under
subsection (2) have been made to the Secretary of State.
(5)
If the Secretary of State considers that it would be more appropriate
for a matter referred to him by the Committee under subsection (3)
40
to be referred to the Office of Rail Regulation, he must—
(a)
refer it to that Office, or
(b)
if it was referred to the Committee by that Office, refer it back
to that Office,

with a view to that Office exercising such of its powers as it considers
45
appropriate in the circumstances of the case.
(6)
The Committee must not—

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Schedule 6 — Functions retained by London Transport Users’ Committee
107

(a)
include a proposal for the taking of any steps in
representations made by it under this section, or
(b)
make a reference under this section to the Secretary of State
by reason only of the failure of a person to take any steps,

unless the test in subsection (7) is satisfied.
5
(7)
That test is satisfied if, on the basis of the information available to the
Committee, it considers that, balancing each of the following against
the other—
(a)
the costs of taking the steps, and
(b)
the benefits that will be enjoyed by persons in consequence of
10
the taking of those steps,

the expenditure involved represents good value for money.
(8)
In this section ‘franchise agreement’ and ‘franchisee’ have the same
meanings as in Part 1 of the Railways Act 1993.
252D
Reports on investigation etc.
15
(1)
Where the Committee investigates a matter under section 252B—
(a)
it may prepare a report of its findings; and
(b)
it must do so if required to do so by the Secretary of State in
relation to any matter falling within section 252B(3) that was
referred to it by him for the purposes of that requirement.
20
(2)
The Committee must not include a proposal for the taking of any
steps in a report prepared by it under this section unless, on the basis
of the information available to it, it considers that, balancing each of
the following against the other—
(a)
the costs of taking those steps, and
25
(b)
the benefits that will be enjoyed by persons in consequence of
the taking of those steps,

the expenditure involved represents good value for money.
(3)
The Committee—
(a)
must send a copy of every report prepared under this section
30
to the Rail Passengers’ Council; and
(b)
may publish the report;

but the Committee may publish a report relating findings on a matter
referred to the Committee by the Secretary of State only if required
to do so by him under this section.
35
(4)
Where—
(a)
the Committee prepares a report relating to a matter referred
to it by the Secretary of State, but
(b)
the report is not a report that the Secretary of State has
required under subsection (1)(b),
40

the Committee must publish the report if it is required to do so by
him.
(5)
The Secretary of State may arrange for the publication of any report
by the Committee the preparation of which he has required under
subsection (1)(b).
45

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(6)
The publication of a report by the Committee or the Secretary of State
may be in any manner that the Committee or (as the case may be) the
Secretary of State thinks appropriate.
(7)
References in this section to a matter referred to the Committee by
the Secretary of State include references to a matter in relation to
5
which he has required the Committee’s assistance under section
252B(4).”
Power of Secretary of State to exclude matters from duties of LTUC
4     (1)
In that Act, after the section 252D inserted by paragraph 3 of this Schedule
insert—
10
“252E
Power to make exclusions from duties under sections 252A to 252D
(1)
The Secretary of State may by order—
(a)
exclude services from one or more of the duties imposed by
sections 252A to 252D;
(b)
provide that one or more of those duties apply to services of
15
a particular class or description, particular services or
services provided by a particular person only to such extent
as is specified in the order; or
(c)
provide that one or more of those duties apply with specified
modifications in the case of services of a particular class or
20
description, particular services or services provided by a
particular person.
(2)
Before making an order under this section the Secretary of State must
consult the Committee and the Rail Passengers’ Council.
(3)
The power to make exclusions by an order under this section
25
includes—
(a)
power to exclude services of a particular class or description,
particular services or services provided by a particular
person; and
(b)
power to provide that services are excluded subject to
30
compliance with specified conditions.
(4)
An order under this section may not revoke an exclusion except—
(a)
for breach of a condition; or
(b)
in accordance with the order that made it.”
      (2)
In section 420(8) of that Act (orders subject to negative resolution
35
procedure), after “section 242(10)” insert—
“section 252E;”.
Duty of Rail Passengers’ Council to refer matters to the LTUC
5
In section 76 of the 1993 Act (duties of Rail Passengers’ Council), after
subsection (2) insert—
40
“(2A)
If any matter falling within subsection (2)(a) appears to the Rail
Passengers’ Council to relate only to—