Railways Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Railways Bill

Railways Bill
Part 4 — Network modifications etc.
23

(b)
in any other case, carrying out the consultation under subsection (4)(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
part of the closures guidance; and that assessment must be carried out in
accordance with that guidance.
5
(7)
If the franchise agreement or any other arrangement under or in accordance
with which the services are being provided does 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 the end of that period.
(8)
If on a reference under subsection (4)(c) the Office of Rail Regulation issues a
10
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.
(9)
The duty of the national authority under subsection (8)—
(a)
is discharged without its taking further steps so long as the provisions
15
of the franchise agreement or other arrangements, in force at the time
of the proposal, so far as they require the provision of the services,
continue in force without modification; and
(b)
ceases if the services begin to be provided under a franchise agreement.
(10)
Nothing in subsection (7) or (8) requires the Secretary of State to secure the
20
provision of a Welsh service unless it appears to him that he will be receiving
funds from the National Assembly for Wales that are reasonably equivalent to
those provided by the Assembly in respect of the service previously provided.
(11)
In this section “the national authority”—
(a)
in relation to a proposal relating to services all of which are—
25
(i)
Scotland-only services, or
(ii)
relevant cross-border services,

means the Scottish Ministers; and
(b)
in any other case, means the Secretary of State.
(12)
For the purposes of subsection (11), a cross-border service is a “relevant cross-
30
border service” if it—
(a)
does not begin or end or otherwise make a scheduled call in Wales, and
(b)
is a service in respect of which more funding is provided by the Scottish
Ministers than the Secretary of State.
25
Proposal to discontinue excluded services
35
(1)
Where a proposal for the discontinuance of all the excluded services provided
by a particular person (“the service operator”) on a particular line, or from a
particular station, is made by the service operator—
(a)
the following provisions of this section apply to so much of the
proposal as relates to special procedure excluded services which are
40
not excluded London services; and
(b)
Schedule 8 applies to so much of it as relates to special procedure
excluded services which are excluded London services.
(2)
The service operator must give notice to the national authority setting out—
(a)
particulars of the proposal to discontinue the services; and
45

Railways Bill
Part 4 — Network modifications etc.
24

(b)
a summary of the results of the assessment carried out in accordance
with subsection (4).
(3)
The particulars set out in the notice must include, in particular—
(a)
the services to which the proposal relates; and
(b)
the proposal date;
5

and the proposal date must be a date not less than three months after the date
of the notice.
(4)
Before giving the notice under subsection (2), the service operator must carry
out an assessment of whether the proposal satisfies the criteria set out in the
relevant part of the closures guidance; and that assessment must be carried out
10
in accordance with that guidance.
(5)
The national authority to which a notice is given under subsection (2) 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
with the criteria set out in the relevant part of the closures guidance.
15
(6)
If the national authority is of 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
that it has changed its opinion or refer the proposal (with or without
20
modifications) to the Office of Rail Regulation;

and the service operator must not discontinue the services in question before
the Office of Rail Regulation has issued a closure ratification notice.
(7)
In this section—
“excluded service” means a railway passenger service other than one
25
which is—
(a)
a relevant railway passenger service for the purposes of any of
sections 22(1), 23(1) and 24(1), or
(b)
an experimental passenger service;
“excluded London service” means an excluded service which—
30
(a)
is provided by Transport for London or a subsidiary of
Transport for London; or
(b)
is designated as a London service for the purposes of this
section by an order made by the Secretary of State, or is of a
description of services so designated;
35
“special procedure excluded service” means an excluded service which is
designated as a special procedure service for the purposes of this
section by an order made by the national authority, or is of a
description of services so designated;
“the national authority”—
40
(a)
in relation to a proposal relating to one or more services each of
which is—
(i)
a Scotland-only service, or
(ii)
a cross-border service in relation to which no funding is
provided by a railway funding authority other than the
45
Scottish Ministers,

means those Ministers; and
(b)
in any other case, means the Secretary of State.

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Part 4 — Network modifications etc.
25

(8)
A service may be designated by order made by the Secretary of State as a
London service for the purposes of this section, or may fall within a description
of services so designated, only if it is a service that begins and ends in Greater
London and does not otherwise make any scheduled call outside Greater
London.
5
(9)
An order under this section designating an excluded service, or a description
of excluded service—
(a)
as a London service, or
(b)
as a special procedure service,

is subject to the negative resolution procedure.
10
(10)
Where any order under section 49(3) of the 1993 Act (application of Schedule 5
to that Act) is in force immediately before the commencement of this section,
that order shall have effect after commencement of this section as an order
under this section designating any services, or descriptions of service, to which
it applies as special procedure services and any other service, or description of
15
services, which immediately before the commencement of this section is
treated as a service, or description of services, in relation to which Schedule 5
to that Act is to have effect is to be treated after commencement of this section
as designated by an order under this section as a special procedure service, or
description of special procedure services.
20
(11)
Where any order under paragraph 5A(1)(b)(ii) of Schedule 5 to that Act
(application of that Schedule to London services) is in force immediately before
the commencement of this section, that order shall have effect after
commencement of this section as an order under this section designating any
services, or descriptions of service, to which it applies as London services.
25
(12)
For the purposes of this section (apart from the reference, in the definition of
“excluded service” in subsection (7), to “relevant railway passenger service”)
“railway” has its wider meaning.
Discontinuance of operation of passenger networks
26
Proposal by operator to close passenger network
30
(1)
This section applies where—
(a)
the operator of a network proposes to discontinue the operation of the
network or of some part of it;
(b)
the network or, as the case may be, that part of it has, at any time within
the preceding five years, been used for or in connection with the
35
provision of services for the carriage of passengers by railway;
(c)
the network or that part of it is not secured;
(d)
the network or that part of it is not excluded from the application of this
section by an order under section 38; and
(e)
the proposal is not a proposal for a minor modification.
40
(2)
Use for or in connection with the provision of any of the following services is
to be disregarded for the purposes of subsection (1)(b)—
(a)
an experimental passenger service;
(b)
a service involving travel through the Channel Tunnel;
(c)
a service that is provided otherwise than as a regular scheduled service.
45
(3)
The operator must give notice to the national authority setting out—

Railways Bill
Part 4 — Network modifications etc.
26

(a)
particulars of the proposal for the closure in question; 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 network, or part of a network, to which the proposal relates; and
5
(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 operator must carry out an
assessment of whether the proposal satisfies the criteria set out in the relevant
10
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
15
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 operator that it has
20
changed its opinion or refer the proposal (with or without
modifications) to the Office of Rail Regulation.
(8)
The operator must not discontinue the operation of the network, or part of a
network, in question before the end of the interim period.
(9)
If—
25
(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),
30
that Office issues a closure non-ratification notice,

the national authority must secure the continued operation of the network, or
part of a network, in question after the end of the interim period.
(10)
In this section “the national authority”—
(a)
in relation to a proposal relating to a network or part of a network that
35
is wholly in Scotland, means the Scottish Ministers; and
(b)
in relation to a network or part of a network that is wholly in England
and Wales, means the Secretary of State;

and a proposal that relates to a network or part of a network that is partly in
England and Wales and partly in Scotland is to be treated for the purposes of
40
this section as two separate proposals, one in relation to the part in England
and Wales and one in relation to the part in Scotland.
27
Proposal by funding authority to close passenger network
(1)
This section applies where—

Railways Bill
Part 4 — Network modifications etc.
27

(a)
a railway funding authority makes a proposal, in accordance with
section 41, that the operation of a network or of some part of it should
be discontinued;
(b)
the network or, as the case may be, that part of it has, at any time within
the preceding five years, been used for or in connection with the
5
provision of services for the carriage of passengers by railway;
(c)
the network or that part of it is not secured;
(d)
the network or that part of it is not excluded from the application of this
section by an order under section 38; and
(e)
the proposal is not a proposal for a minor modification.
10
(2)
Use for or in connection with the provision of any of the following services is
to be disregarded for the purposes of subsection (1)(b)—
(a)
an experimental passenger service;
(b)
a service involving travel through the Channel Tunnel;
(c)
a service that is provided otherwise than as a regular scheduled service.
15
(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
(c)
after carrying out that consultation, either withdraw the proposal or
20
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—
(i)
the network, or part of a network, to which the proposal relates;
25
and
(ii)
the proposal date; and
(b)
a summary of the results of the assessment carried out in accordance
with subsection (5).
(5)
Before—
30
(a)
giving the 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
35
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 network, or part of a
network, is being operated do not require it to be operated until the end of the
interim period, the national authority must secure the operation of the
40
network, or that part of it, until the end of that period.
(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
continued operation of the network, or part of a network, in question after the
end of the interim period.
45
(8)
In this section “the national authority”—

Railways Bill
Part 4 — Network modifications etc.
28

(a)
in relation to a proposal relating to a network or part of a network that
is wholly in Scotland, means the Scottish Ministers; and
(b)
in relation to a proposal relating to a network or part of a network that
is wholly in England and Wales, means the Secretary of State;

and a proposal that relates to a network or part of a network that is partly in
5
England and Wales and partly in Scotland is to be treated for the purposes of
this section as two separate proposals, one in relation to the part in England
and Wales and one in relation to the part in Scotland.
28
Proposal to discontinue operation of secured network
(1)
This section applies where—
10
(a)
a railway funding authority makes a proposal, in accordance with
section 41, that the operation of a secured network or of a secured part
of a network should be discontinued;
(b)
the network or, as the case may be, that part of it has, at any time within
the preceding five years, been used for or in connection with the
15
provision of services for the carriage of passengers by railway;
(c)
the network or part of it is not excluded from the application of this
section by an order under section 38; and
(d)
the proposal is not a proposal for a minor modification.
(2)
Use for or in connection with the provision of any of the following services is
20
to be disregarded for the purposes of subsection (1)(b)—
(a)
an experimental passenger service;
(b)
a service involving travel through the Channel Tunnel;
(c)
a service that is provided otherwise than as a regular scheduled service.
(3)
The railway funding authority making the proposal must—
25
(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
30
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—
(i)
the network, or part of a network, to which the proposal relates;
and
35
(ii)
the proposal date; and
(b)
a summary of the results of the assessment carried out in accordance
with subsection (5).
(5)
Before—
(a)
giving the notice under subsection (3)(a), in a case where it is not itself
40
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
part of the closures guidance; and that assessment must be carried out in
45
accordance with that guidance.

Railways Bill
Part 4 — Network modifications etc.
29

(6)
If arrangements under or in accordance with which the network, or part of a
network, is being operated do not require it to be operated until the end of the
interim period, the national authority must secure the operation of the
network, or that part of it, until the end of that period.
(7)
If on the reference under subsection (3)(c) the Office of Rail Regulation issues
5
a closure non-ratification notice, the national authority must secure the
continued operation of the network, or part of a network, in question after the
end of the interim period.
(8)
The duty of the national authority under subsection (7) is discharged without
its taking further steps so long as the provisions of the arrangements, in force
10
at the time of the proposal, so far as they require the operation of the network
or part of a network, continue in force without modification.
(9)
In this section “the national authority”—
(a)
in relation to a proposal relating to a network or part of a network that
is wholly in Scotland, means the Scottish Ministers; and
15
(b)
in relation to a proposal relating to a network or part of a network that
is wholly in England and Wales, means the Secretary of State;

and a proposal that relates to a network or part of a network that is partly in
England and Wales and partly in Scotland is to be treated for the purposes of
this section as two separate proposals, one in relation to the part in England
20
and Wales and one in relation to the part in Scotland.
Discontinuance of use or operation of stations
29
Proposal by operator to close station
(1)
This section applies where—
(a)
the operator of a station proposes to discontinue the use of a station or
25
of some part of it;
(b)
the station or, as the case may be, that part of it has, at any time within
the preceding five years, been used for or in connection with the
provision of services for the carriage of passengers by railway;
(c)
the station or that part of it is not secured;
30
(d)
the station or that part of it is not excluded from the application of this
section by an order under section 38; and
(e)
the proposal is not a proposal for a minor modification.
(2)
Use for or in connection with the provision of any of the following services is
to be disregarded for the purposes of subsection (1)(b)—
35
(a)
an experimental passenger service;
(b)
a service involving travel through the Channel Tunnel;
(c)
a service that is provided otherwise than as a regular scheduled service.
(3)
The operator must give notice to the national authority setting out—
(a)
particulars of the proposal for the closure in question; and
40
(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 station, or part of a station, to which the proposal relates; and
(b)
the proposal date;
45