Railways Bill

House of Commons

Session 2004 - 05
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Railways Bill

Railways Bill
Schedule 7 — Consultations under Part 4
109

(a)
the provision of railway passenger services wholly within the
London railway area (within the meaning of section 252A of
the Greater London Authority Act 1999), or
(b)
the provision of station services within that area,

that Council must refer the matter to the London Transport Users’
5
Committee.”
Schedule 7
Sections 22 to 31

Consultations under Part 4
Introductory
1
A consultation under this Schedule about a proposal—
10
(a)
must be initiated as follows; and
(b)
thereafter must be carried out in accordance with the closures
guidance.
Newspaper notification
2     (1)
The person carrying out the consultation must publish a notice under this
15
paragraph, in two successive weeks—
(a)
in a local newspaper circulating in the area affected by the proposal;
and
(b)
in two national newspapers.
      (2)
The notice must set out—
20
(a)
the proposal date;
(b)
the other particulars of the proposal;
(c)
the address at which—
(i)
the initial assessment, and
(ii)
a summary of the results of that assessment,
25

are available for inspection, or from which a copy of that assessment
and summary may be obtained;
(d)
the fees payable for a copy of the assessment and summary;
(e)
a statement that any representations about the proposal may be sent
to the person carrying out the consultation within such period as
30
may be specified in the notice.
      (3)
In the case of a consultation carried out about a proposal to which section 23,
24, 27, 28, 30 or 31 applies, the proposal date must be not less than six months
after the notice is last published in a local newspaper for the purposes of sub-
paragraph (1).
35
      (4)
The period specified under sub-paragraph (2)(e) must be a period ending no
less than 12 weeks after the notice is last published in a local newspaper for
the purposes of sub-paragraph (1).
Specific notification to particular persons
3     (1)
The person carrying out the consultation must—
40

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Schedule 7 — Consultations under Part 4
110

(a)
send to every person specified in sub-paragraph (2) (apart from
himself) both a copy of every notice published under paragraph 2
and a summary of the results of the initial assessment; and
(b)
in such manner as he considers appropriate, consult such other
persons (if any) as he thinks fit.
5
      (2)
Those persons are—
(a)
in the case of a consultation for the purposes of section 22(7)(a),
25(6)(a), 26(7)(a) or 29(7)(a), the person making the proposal in
question;
(b)
in the case of a consultation for the purposes of—
10
(i)
subsection (4)(b) of section 24,
(ii)
subsection (3)(b) of section 27,
(iii)
subsection (3)(b) of section 28,
(iv)
subsection (3)(b) of section 30, or
(v)
subsection (3)(b) of section 31,
15

the national authority for the purposes of that section;
(c)
if the proposal affects Wales, the National Assembly for Wales;
(d)
if the proposal affects Greater London, the Mayor of London;
(e)
every Passenger Transport Executive whose area is affected by the
proposal;
20
(f)
every local authority in whose area there are persons living, working
or studying who appear to the person carrying out the consultation
to be persons affected by the proposal;
(g)
the Rail Passengers’ Council;
(h)
if the proposal affects its area, the London Transport Users’
25
Committee;
(i)
every person designated by order made by the Secretary of State for
the purposes of this Schedule as a body representing interests of
railway passengers;
(j)
every railway funding authority appearing to the person carrying
30
out the consultation to be a party to financial arrangements that are
or may be affected by the proposal;
(k)
every person providing railway services who appears to the person
carrying out the consultation to be affected by the proposal;
(l)
every person providing station services in relation to a station
35
affected by the proposal.
      (3)
The person carrying out the consultation must require every operator of a
station in the area affected by the proposal to whom he sends a copy of a
notice under sub-paragraph (1) to secure that a copy of it is published by
being displayed at that station until the end of the interim period.
40
      (4)
An order under sub-paragraph (2)(i) is subject to the negative resolution
procedure.
      (5)
In the case of a consultation carried out for the purposes of section 25, sub-
paragraph (2) has effect with the omission of paragraph (j).
      (6)
In this paragraph “local authority”—
45
(a)
in relation to England and Wales, means a county council or county
borough council, a community council or a council for a district in an
area for which there is no county council; and

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Schedule 8 — Proposals to discontinue excluded London services
111

(b)
in relation to Scotland, has the same meaning as in the Local
Government (Scotland) Act 1973 (c. 65).
Interpretation of Schedule
4
In this Schedule “the initial assessment” means the assessment relating to the
proposal that has been carried out under section 22(5), 23(5), 24(6), 25(4),
5
26(5), 27(5), 28(5), 29(5), 30(5) or 31(5).
5
In this Schedule “the area affected”, in relation to a proposal, means—
(a)
in the case of a proposal for the discontinuance of railway passenger
services on a particular line or from a particular station, the area in
which the line or station is situated;
10
(b)
in the case of a proposal relating to a network, or part of a network,
the area in which the network, or part of a network, is situated;
(c)
in the case of a proposal relating to a station, or part of a station, the
area served by the station, or that part.
6     (1)
A newspaper is to be regarded as a national newspaper for the purposes of
15
paragraph 2(1)(b) as it applies in relation to a proposal if—
(a)
it is a newspaper circulating generally in the United Kingdom; or
(b)
the proposal relates to services operating, or a network or station, or
part of a network or station that is—
(i)
entirely in England,
20
(ii)
entirely in Wales, or
(iii)
entirely in Scotland,

and it is a newspaper circulating generally in England, Wales or (as
the case may be) Scotland.
      (2)
For the purposes of this paragraph, a service operates entirely in England,
25
entirely in Wales or entirely in Scotland if it begins and ends in, and does not
make any other scheduled call outside, England, Wales or (as the case may
be) Scotland.
Schedule 8
Section 25

Proposals to discontinue excluded London services
30
Introductory
1     (1)
This Schedule applies, where a proposal for the discontinuance of all the
excluded London services provided on a particular line, or from a particular
station, is made by the person providing them (“the service operator”), to so
much of the proposal as relates to excluded London services which are
35
special procedure excluded services.
      (2)
In this Schedule “excluded London service” and “special procedure
excluded service” have the same meanings as in section 25.
Notice of proposal
2     (1)
The service operator—
40
(a)
must give notice in the required manner of his proposal; and

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Schedule 8 — Proposals to discontinue excluded London services
112

(b)
must not give effect to the closure before the end of the period
specified in the notice for the making of objections to the London
Transport Users’ Committee.
      (2)
The notice must set out—
(a)
the proposal date;
5
(b)
the other particulars of the proposal;
(c)
particulars of alternative services which it appears to the service
operator will be available;
(d)
any proposal of the service operator for providing or augmenting the
alternative services;
10
(e)
a statement that any objections about the proposal may be sent to the
London Transport Users’ Committee on or before the proposal date.
      (3)
The proposal date must be not less than six weeks after the notice is last
published in a local newspaper for the purposes of sub-paragraph (4).
      (4)
A notice under this paragraph is published in the required manner if it is
15
published, in two successive weeks—
(a)
in a local newspaper circulating in the area affected by the proposal;
(b)
in two newspapers circulating generally in England (or in England
and any other part of the United Kingdom); and
(c)
in such other manner as appears to the person giving the notice to be
20
appropriate.
      (5)
The service operator must send a copy of every notice published under this
paragraph—
(a)
to the London Transport Users’ Committee; and
(b)
to every person who is the operator of a station within the area
25
affected by the proposal;

and must require every such operator to publish the notice by displaying it
at the stations he operates in that area.
      (6)
In this paragraph a reference to the area affected by the proposal is a
reference to the area in which is situated the line or station referred to in
30
paragraph 1(1).
Objections etc.
3     (1)
Where a notice has been published under paragraph 2 objections about the
proposal may be made to the London Transport Users’ Committee—
(a)
by any user of a service to which the proposal relates; or
35
(b)
by any person representing such users.
      (2)
Objections may only be made within the period specified in the notice.
Consideration of objections and report to Mayor of London
4     (1)
This paragraph applies where any objection is made under paragraph 3.
      (2)
The London Transport Users’ Committee must immediately inform—
40
(a)
the Mayor of London, and
(b)
the service operator,

about the objection.

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Schedule 8 — Proposals to discontinue excluded London services
113

      (3)
The service operator may give effect to the proposed closure only if the
Mayor of London consents to it.
      (4)
As soon as possible after the end of the period for the making of objections
to the London Transport Users’ Committee, the Committee must—
(a)
consider the objections made during that period;
5
(b)
consider any representations made by the service operator; and
(c)
report to the Mayor of London on the hardship the Committee
considers will be caused by the proposed closure.
      (5)
If the London Transport Users’ Committee decides—
(a)
to hear an objector orally, or
10
(b)
to hear oral representations from the service operator,

the hearing must be in public.
      (6)
The report to the Mayor of London under this paragraph may contain
proposals for alleviating any hardship to which it refers.
      (7)
After receiving that report the Mayor of London may require further reports
15
from the London Transport Users’ Committee relating to the proposed
closure.
      (8)
The London Transport Users’ Committee must send to the service operator
a copy of every report or further report it makes under this paragraph.
Consent of Mayor to closure
20
5     (1)
After—
(a)
receiving—
(i)
the report from the London Transport Users’ Committee
required by sub-paragraph (4) of paragraph 4, and
(ii)
any further reports required by him under that paragraph,
25
and
(b)
carrying out any consultation required by sub-paragraph (2),

the Mayor of London must decide whether or not to consent to the proposed
closure.
      (2)
If any of the services to which the proposed closure relates operates in any
30
area outside Greater London, the Mayor of London must, before deciding
whether to consent to the proposed closure, consult the local authority for
each such area.
      (3)
At any time after the period for making objections the Mayor of London may
make that decision without receiving a report or further report if—
35
(a)
he has made such enquiries as he thinks fit, and
(b)
he considers that the report or further report has been unreasonably
delayed.
      (4)
The Mayor of London may give his consent subject to such conditions as he
thinks fit.
40
      (5)
The Mayor of London may at any time vary or revoke conditions that are for
the time being required to be complied with.
      (6)
Where the Mayor of London gives his consent to a proposed closure, he
must—

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Schedule 9 — Bye-laws by railway operators
114

(a)
send a copy of his decision to every person who is the operator of a
station in the area affected by the closure; and
(b)
require that person to publish it by displaying it at the station.
      (7)
In this paragraph a reference to the area affected by the closure is a reference
to the area in which is situated the line or station referred to in paragraph
5
1(1).
      (8)
In this paragraph “local authority” means a county council, a community
council or council for a district in an area for which there is no county
council.
Schedule 9
10
Section 45

Bye-laws by railway operators
Introductory
1     (1)
In this Schedule—
“appropriate national authority”, in relation to any bye-laws, means—
(a)
where the relevant assets by reference to which the bye-laws are
15
or were made are all Scottish assets, the Scottish Ministers;
(b)
where some but not all of those assets are Scottish assets or
include assets that are used partly in Scotland and partly
elsewhere, the Secretary of State and the Scottish Ministers; and
(c)
in any other case, the Secretary of State;
20
“bye-laws” means bye-laws under section 45; and
“railway operator” has the same meaning as in that section.
      (2)
In sub-paragraph (1) “Scottish asset” means—
(a)
an asset that is permanently situated in Scotland; or
(b)
an asset that is used only in Scotland.
25
      (3)
In the case of bye-laws in relation to which both the Secretary of State and
the Scottish Ministers are the appropriate national authority —
(a)
anything that must be done under this Schedule in relation to those
bye-laws by the appropriate national authority must be done by
them both, acting jointly;
30
(b)
anything that may be done under this Schedule in relation to those
bye-laws by the appropriate national authority may be done only by
them both acting jointly; and
(c)
any requirement of this Schedule in relation to those bye-laws to
send something to the appropriate national authority is complied
35
with only if that thing is sent both to the Secretary of State and to the
Scottish Ministers.
Penalties
2
Bye-laws may provide that a person contravening them is guilty of an
offence and liable, on summary conviction, to a fine not exceeding—
40
(a)
level 3 on the standard scale; or
(b)
such lower amount as is specified in the bye-laws.

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Schedule 9 — Bye-laws by railway operators
115

Confirmation
3
Bye-laws do not come into force until they have been confirmed by the
appropriate national authority.
4     (1)
A railway operator who proposes to make bye-laws must publish a notice
stating—
5
(a)
that he proposes to make bye-laws;
(b)
the manner in which a copy of the proposed bye-laws will be open to
public inspection; and
(c)
that any person affected by the proposed bye-laws may make
representations about them to the appropriate national authority
10
within the period specified in the notice.
      (2)
The publication of the notice must be in the manner approved by the
appropriate national authority.
      (3)
The period specified for the purposes of sub-paragraph (1)(c) must be the
period of 28 days beginning with the day after that on which the railway
15
operator’s notice is published, or a longer period.
      (4)
At the end of the period so specified the appropriate national authority must
forward any representations that have been made to it to the railway
operator.
      (5)
The railway operator must not submit the bye-laws for confirmation unless
20
he has considered the representations forwarded by the appropriate
national authority.
5     (1)
The appropriate national authority may—
(a)
confirm (with or without modifications) any bye-laws submitted to
it for confirmation; or
25
(b)
refuse to confirm them.
      (2)
The appropriate national authority may fix the date of the coming into force
of any bye-laws confirmed by it.
      (3)
If the appropriate national authority confirms bye-laws without fixing the
date on which they come into force, they come into force at the end of the
30
period of 28 days beginning with the day after that on which they are
confirmed.
Publicity for confirmed bye-laws
6
If the appropriate national authority has confirmed bye-laws—
(a)
copies of the bye-laws must be printed;
35
(b)
at least one copy must be kept at the principal offices of the railway
operator who made them;
(c)
the railway operator must send one copy to the appropriate national
authority; and
(d)
the railway operator must supply one copy (free of charge) to every
40
person who applies for a copy or for more than one copy.