Railways Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Railways Bill

Railways Bill
Part 4 — Network modifications etc.
48

“secured service” means a service which is provided by or on behalf of the
Secretary of State or the Scottish Ministers under—
(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;
5
“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
Scottish Ministers under—
(a)
section 26(9), 27(7) or 28(6) or (7) of this Act (networks);
(b)
section 29(9), 30(7) or 31(6) or (7) of this Act (stations); or
10
(c)
a requirement imposed under section 33(2) of this Act.
(2)
In this Part “the relevant part of the closures guidance”—
(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;
15
(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
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
20
or part of a station, means the part of the closures guidance relating to
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
25
a network or station, is a period ending—
(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—
30
(i)
with the date on which notification is given to the person who
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
35
or closure non-ratification notice is issued by the Office of Rail
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
40
any enactment; and
(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.
45
(6)
In subsection (4)(a), “enactment” includes an enactment contained in an Act of
the Scottish Parliament.

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Part 5 — Further miscellaneous provisions
49

(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
(c)
investments in bodies corporate.
5
Part 5
Further miscellaneous provisions
Conduct and accessibility on railways
45
Bye-laws
(1)
A railway operator may make bye-laws regulating one or more of the
10
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;
(d)
the conduct of persons while on relevant assets.
15
(2)
Those bye-laws may include, in particular—
(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;
20
(c)
bye-laws with respect to any other interference with the working of a
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;
25
(f)
bye-laws with respect to the receipt and delivery of goods; and
(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
30
effect.
(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,
35

shall continue to have effect after the coming into force of that repeal as if every
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
40
(b)
any bye-laws saved by the 2000 Act.
(6)
In subsection (5), “bye-laws saved by the 2000 Act” means bye-laws which—

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Part 5 — Further miscellaneous provisions
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(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
(c)
are in force immediately before the commencement of this section.
5
(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
(b)
exempt by virtue of section 7 of that Act or any other enactment from
10
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
management for the time being.
15
46
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”.
(2)
After subsection (1) insert—
20
“(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
agreements; or
25
(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.”
47
Code of practice for disabled rail users in Scotland
30
(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
section, and every revision of it, in such manner as they consider appropriate.
35
(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—
(a)
a railway passenger service provided under a Scottish franchise
40
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

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(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
5
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
10
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
15
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
20
of activities carried on by it as franchise operator in
relation to a Scottish franchise agreement.”
(2)
In subsection (1) of section 60 (petition for railway administration order), for
the words from the beginning to the end of paragraph (b) substitute—
“(1)
If, on an application relating to a protected railway company”.
25
(3)
After that subsection insert—
“(1A)
An application under subsection (1) for the making of a railway
administration order may be made—
(a)
in the case of an application on the ground specified in
paragraph (a) of subsection (2), only by the appropriate national
30
authority; and
(b)
in the case of an application on the ground specified in
paragraph (b) of that subsection, only by the Secretary of State.”
(4)
In each of the following provisions of the 1993 Act, for “Secretary of State”,
wherever occurring, substitute “appropriate national authority”, namely—
35
(a)
section 61(1)(a)(i) and (2)(a) (notice and power to petition for railway
administration order in the case of a winding-up petition);
(b)
section 62(2)(a)(i), (3)(a), (5)(a)(i), (6)(a) and (7)(a) (notice and power to
petition for railway administration order in the case of voluntary
winding-up and other insolvency proceedings); and
40
(c)
paragraphs 3, 7, 9 and 10 of Schedule 6 (modifications of the Insolvency
Act 1986 (c. 45)).
(5)
In paragraph 1 of Schedule 6 to the 1993 Act, before the “and” at the end of

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paragraph (a) insert—
“(aa)
as if references in those sections to the appropriate national
authority were to be construed in accordance with section
59(6)(za) of this Act;”.
(6)
In paragraphs 7(4), 8, and 10(5) of Schedule 6 to the 1993 Act, for “the Strategic
5
Rail Authority” substitute “the appropriate national authority”.
(7)
In paragraph 2 of Schedule 7 to the 1993 Act (making and modification of
transfer schemes in connection with railway administration orders), for each of
the following substitute “the appropriate national authority”, namely—
(a)
in sub-paragraph (2), the words from “the Secretary of State” onwards;
10
(b)
in sub-paragraphs (4) and (5), “the Secretary of State”, wherever
occurring;
(c)
in sub-paragraph (6), “the Secretary of State or Authority”, in each
place, and “the Secretary of State or the Authority”; and
(d)
in sub-paragraph (7), the words from “the Secretary of State or, in” to
15
“the Authority” and “the Secretary of State or Authority”.
(8)
In that paragraph—
(a)
in sub-paragraph (3), for the words from “the Secretary of State”, where
first occurring, to “or Authority” substitute “the appropriate national
authority, it”; and
20
(b)
in sub-paragraph (6), for “his” substitute “the appropriate national
authority’s”.
(9)
After sub-paragraph (8) of that paragraph insert—
    “(9)
A statutory instrument containing an order under this paragraph by
the Scottish Ministers is subject to annulment in pursuance of a
25
resolution of the Scottish Parliament.”
(10)
Where a railway administration order is in force immediately before the
commencement of this section in relation to a Scottish protected railway
company, things done by or in relation to the Secretary of State for the
purposes of or in connection with that order and by virtue of —
30
(a)
any provision of sections 59 to 62 of the 1993 Act, or
(b)
any provision of Schedule 6 or 7 to that Act, or of the Insolvency Act
1986 (c. 45) as modified by Schedule 6 to the 1993 Act,

are to have effect, so far as necessary for giving them continuing validity and
effect, as if done by the Scottish Ministers.
35
(11)
The power to amend Schedule 6 to the 1993 Act under section 249 of the
Enterprise Act 2002 (c. 40) applies to the modifications of that Schedule by this
Act, as it applies to that Schedule.
49
Assistance by Scottish Ministers for companies in railway administration
(1)
In section 63 of the 1993 Act (financial assistance by the Secretary of State where
40
railway administration orders made)—
(a)
in subsection (1), after “a company” insert “other than a Scottish
protected railway company”; and
(b)
in subsection (2), for the words from “in relation to which” onwards

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substitute “where that company—
(a)
is a company in relation to which a railway
administration order is in force at the time when the
guarantee is given; and
(b)
is not a Scottish protected railway company.”
5
(2)
After section 64 of that Act insert—
“64A
Financial assistance by Scottish Ministers
(1)
Where a railway administration order is for the time being in force in
relation to a Scottish protected railway company, the Scottish Ministers
may—
10
(a)
make grants or loans to the company of such sums as appear to
them to be appropriate for the purpose of facilitating the
achievement of the purposes of the order; or
(b)
agree to indemnify a relevant person in respect of—
(i)
liabilities incurred by that person in connection with the
15
carrying out by the railway administrator of his
functions under the order; and
(ii)
loss or damage incurred by that person in that
connection.
(2)
The Scottish Ministers may guarantee—
20
(a)
the repayment of the principal of any sum borrowed by a
Scottish protected railway company in relation to which a
railway administration order is in force when the guarantee is
given;
(b)
the payment of interest on a sum so borrowed; and
25
(c)
the discharge of any other financial obligation in relation to a
sum so borrowed.
(3)
A grant, loan, indemnity or guarantee under this section may be made
or given in whatever manner, and on whatever terms and subject to
whatever conditions, the Scottish Ministers consider appropriate.
30
(4)
The terms on which a grant may be made under this section include, in
particular, terms requiring the whole or a part of the grant to be repaid
to the Scottish Ministers if there is a contravention of the other terms on
which the grant is made.
(5)
The terms on which a loan may be made under this section include, in
35
particular, terms requiring—
(a)
the loan to be repaid at such times and by such methods, and
(b)
interest to be paid on the loan at such rates and at such times,

as the Scottish Ministers may from time to time direct.
(6)
The power of the Scottish Ministers under this section to agree to
40
indemnify a relevant person—
(a)
is confined to a power to agree to indemnify that person in
respect of liabilities, loss and damage incurred or sustained by
him as a relevant person; but
(b)
includes power to agree to indemnify persons (whether or not
45
they are identified or identifiable at the time of the agreement)
who subsequently become relevant persons.

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(7)
A person is a relevant person for the purposes of this section if he is—
(a)
the railway administrator;
(b)
an employee of the railway administrator;
(c)
a member or employee of a firm of which the railway
administrator is a member;
5
(d)
a member or employee of a firm of which the railway
administrator is an employee;
(e)
a member of a firm of which the railway administrator was an
employee or member at a time when the order was in force;
(f)
a body corporate which is the employer of the railway
10
administrator; or
(g)
an officer, employee or member of such a body corporate.
(8)
In this section—
(a)
references to the railway administrator, in relation to a railways
administration order, are references to the person appointed to
15
achieve the purposes of the order and, where two or more
persons are so appointed, are to be construed as references to
any one or more of them; and
(b)
the references to a firm of which a person was a member or
employee at a particular time include references to a firm which
20
holds itself out to be the successor of a firm of which he was a
member or employee at that time.
(9)
If sums are paid out by the Scottish Ministers in respect of an indemnity
or guarantee under this section, the company in relation to which the
indemnity or guarantee was given must pay them—
25
(a)
such amounts in or towards the repayment to them of those
sums as they may direct; and
(b)
interest, at such rates as they may direct, on amounts
outstanding under this subsection.
(10)
Payments to the Scottish Ministers under subsection (9) must be made
30
at such times and in such manner as they may determine.
(11)
Subsection (9) does not apply in the case of a sum paid by the Scottish
Ministers for indemnifying a person in respect of a liability to the
company in relation to which the railway administration order in
question was made.”
35
Duties of co-operation
50
ORR to assist and advise national authorities
(1)
It shall be the duty of the Office of Rail Regulation to comply with every
reasonable requirement of the Secretary of State—
(a)
to provide him with information or advice about a matter connected
40
with a function or other activity of his in relation to railways or railway
services; or
(b)
to provide him with information or advice about a matter relevant to
the railway safety purposes; or