Railways Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Railways Bill

Railways Bill
Part 4 — Network modifications etc.
41

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;
5
(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
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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
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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
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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
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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;
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(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
35
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
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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
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Railways Bill
Part 4 — Network modifications etc.
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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;
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(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
10
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—
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(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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(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
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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
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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
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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
40
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).
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(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

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‘railway passenger service’ has the same meaning as in the
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
5
where stops are made at stations for the purpose of allowing
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
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“or (as the case may be) paragraphs (a) to (d) of section 124(1A)”.
(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”;
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(b)
in subsection (3) and (4), for “those conditions”, in each place, substitute
“the relevant conditions”; and
(c)
after subsection (4) insert the subsection set out in subsection (5) of this
section.
(5)
The subsection inserted after section 132(4) of that Act is—
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“(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);
(b)
in the case of a scheme made under section 124(1A) and not
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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
last so varied.”
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Substitute road services
(1)
Where a railway passenger service—
(a)
is temporarily interrupted, or
(b)
has been discontinued,

the appropriate national authority may secure the provision of a substitute
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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
those of the interrupted service if it is not practicable for them to do so.
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(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
(b)
the substitute service broadly corresponds to the discontinued service
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in terms of the localities served.

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(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
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
5
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
Assembly;

and where in any case there is more than one appropriate national authority
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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
agreement; or
(b)
a railway passenger service not falling within paragraph (a) which is a
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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—
(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),
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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
(b)
taxis or private hire cars licensed under section 10 of the Civic
Government (Scotland) Act 1982 (c. 45).
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(7)
In this section—
“public service vehicles” has the meaning given by section 1 of the Public
Passenger Vehicles Act 1981 (c. 14); and
“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
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the service.
Supplemental provisions of Part
41
Proposals by funding authorities
(1)
A railway funding authority may make a proposal—
(a)
for the discontinuance of a railway passenger service,
35
(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,

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
40
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—
(a)
that the proposal is made in association with another proposal by the
authority;
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Railways Bill
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(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
use of the network or station; and
(c)
that it appears to the authority that the other proposal would have an
5
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.
(4)
The requirements of this subsection apply in relation to the making of a
proposal by a Passenger Transport Executive and are—
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(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
Transport Executive; or
(b)
that—
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(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
which the proposal relates is wholly in their area.
(5)
The requirements of this subsection apply in relation to the making of a
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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
London or Transport for London; or
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(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
which the proposal relates is wholly in Greater London.
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(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
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;
(b)
proposals to discontinue any cross-border service or services in relation
40
to which no funding is provided by a railway funding authority other
than the Scottish Ministers;
(c)
proposals to discontinue the operation of a network or part of a
network that is wholly in Scotland; or
(d)
proposals to discontinue the use or operation of any station or part of a
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station that is wholly in Scotland.

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(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
relation to proposals to discontinue any cross-border services in relation to
which, as the case may be—
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(a)
the Secretary of State provides funding;
(b)
the National Assembly for Wales provides funding; or
(c)
both of them provide funding.
(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
10
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
network that is wholly in Wales; or
(c)
proposals to discontinue the use or operation of any station or part of a
15
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
proposals as respects which none of the preceding subsections imposes any
duty.
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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
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(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
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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.
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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;
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(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
5
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
10
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
15
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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“closure non-ratification notice” is to be construed in accordance with
section 32(7);
“closure ratification notice” is to be construed in accordance with section
32(8);
“closures guidance” means the guidance published under section 42, and
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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;
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“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
35
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—
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(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;
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(f)
Transport for London;
(g)
a person designated as such an authority by an order under
subsection (4);