Crossrail Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Crossrail Bill

Crossrail Bill
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Overriding duty of Office of Rail Regulation before Crossrail operational
(1)
During the interim period, the Office of Rail Regulation shall have an
overriding duty to exercise its access contract functions in such a manner as to
facilitate the operation, on and after the date specified under section 23(3), of
the principal Crossrail passenger services.
5
(2)
In subsection (1) “access contract functions” means functions under—
(a)
sections 17, 18 and 21 of, and Schedule 4 to, the Railways Act 1993
(c. 43),
(b)
sections 20 and 22 to 22C of that Act so far as relating to access contracts,
and
10
(c)
sections 25, 27, 28 and 32 of this Act.
(3)
The duty imposed by subsection (1) does not apply in relation to—
(a)
a function of determining terms relating to the payment of amounts
under an access contract, or
(b)
a function of determining—
15
(i)
whether compensation is payable, or
(ii)
the amount, or matters relating to the payment, of any
compensation.
(4)
The duty imposed by subsection (1) is subject to the duty imposed by
paragraph 2(1) of Schedule 3 to the Railways Act 2005 (general duty as regards
20
railway safety).
(5)
The Office of Rail Regulation may, with the consent of the Secretary of State,
contravene subsection (1).
(6)
In this section “the interim period” means the period beginning with the day
after that on which this Act is passed and (subject to subsection (7)) ending
25
when the railway mentioned in section 1(1)(a) is first used by Crossrail
passenger services.
(7)
The Secretary of State may direct that the interim period shall end later than it
would otherwise end under subsection (6) and, if he so directs, he must—
(a)
in the direction specify when the interim period is to end,
30
(b)
notify the Office of Rail Regulation of the giving and effect of the
direction, and
(c)
publish the direction in such manner as he thinks appropriate.
(8)
A direction under subsection (7)—
(a)
may make different provision for different purposes, and
35
(b)
may be varied or revoked by a subsequent direction under that
subsection.
(9)
In this section—
“access contract” (except in the phrase “access contract function”) has the
meaning given by section 17(6) of the Railways Act 1993;
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“Crossrail passenger service” means a service for the carriage of
passengers by railway on a line the whole of which, or part of which,
forms part of the railway mentioned in section 1(1)(a);
“principal Crossrail passenger service” means a Crossrail passenger
service so far as it counts towards the minimum operating levels
45
specified by the Secretary of State under section 23(1);

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“rolling stock” and “station” have the meanings given by section 83(1) of
the Railways Act 1993 (c. 43).
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Directions specifying matters for purposes of section 22
(1)
The Secretary of State may, for the purposes of the definition of “principal
Crossrail passenger service” in section 22(9), give directions to the Office of Rail
5
Regulation specifying minimum operating levels for Crossrail passenger
services.
(2)
The Secretary of State may give directions to the Office of Rail Regulation
specifying the extent to which a Crossrail passenger service is, for the purposes
of the definition of “principal Crossrail passenger service” in section 22(9), to
10
be taken as not counting towards a minimum operating level specified under
subsection (1).
(3)
The Secretary of State may give directions to the Office of Rail Regulation
specifying a date for the purposes of section 22(1).
(4)
Before giving directions under subsection (1) or (3), the Secretary of State shall
15
consult—
(a)
Transport for London,
(b)
the provider of any service for the carriage of passengers by railway
that is a service likely to be affected by the exercise of the power, and
(c)
such other persons (if any) as the Secretary of State considers
20
appropriate.
(5)
For the purposes of subsection (1), minimum operating levels may (in
particular) be framed by reference to—
(a)
the number of trains running during a period;
(b)
the frequency of trains running during a period;
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(c)
the number of items of rolling stock of which trains are composed;
(d)
the stations at which trains are to stop.
(6)
Directions under subsection (1), (2) or (3)—
(a)
may make different provision for different purposes, and
(b)
may be varied or revoked by subsequent directions under that
30
subsection.
(7)
Where the Secretary of State gives directions under this section, he must
publish the directions in such manner as he thinks appropriate.
(8)
In this section—
“Crossrail passenger service” has the meaning given by section 22(9);
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“rolling stock”, “station” and “train” have the meanings given by section
83(1) of the Railways Act 1993.
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Other duties of Office of Rail Regulation as to exercise of functions
(1)
The Office of Rail Regulation shall have an overriding duty to exercise its
functions in such a manner as not to impede the performance of any
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development agreement.
(2)
The duty imposed by subsection (1) is subject to—

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(a)
the duty imposed by paragraph 2(1) of Schedule 3 to the Railways Act
2005 (general duty as regards railway safety), and
(b)
the duty imposed by section 22(1).
(3)
Subsection (1) does not apply to functions exercisable by the Office of Rail
Regulation by virtue of section 67(3) of the Railways Act 1993 (c. 43)
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(“Competition Act functions”).
(4)
The Office of Rail Regulation may, when exercising any Competition Act
function, have regard to any matter to which it would have regard if—
(a)
it were under the duty imposed by subsection (1) above in relation to
that function, and
10
(b)
the matter is one to which the Office of Fair Trading could have regard
if it were exercising that function.
(5)
The duties imposed on the Office of Rail Regulation by section 4 of the
Railways Act 1993 apply to the exercise of the functions that it has under or by
virtue of this Act as they apply to the exercise of functions assigned to it under
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Part 1 of the Railways Act 1993.
(6)
In subsection (1) “development agreement” means an agreement (including
one entered into before the passing of this Act) to which the Secretary of State
is a party and under which another party has responsibilities in relation to the
design, construction, financing or maintenance of the railway mentioned in
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section 1(1)(a) or any part of that railway.
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Amending pre-commencement access contracts: construction of Crossrail
(1)
The Office of Rail Regulation may, in the case of an access contract to which this
subsection applies, give directions to the parties to the contract requiring them
to amend the contract in accordance with the directions.
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(2)
Subsection (1) applies to an access contract if—
(a)
the contract is entered into on or before the day on which this Act is
passed, and
(b)
in the opinion of the Office of Rail Regulation, use of the railway facility
to which the contract relates will or may be affected by the construction
30
of Crossrail.
(3)
The Office of Rail Regulation—
(a)
shall exercise its power under subsection (1) in relation to an access
contract to which that subsection applies so as to secure, but
(b)
may exercise that power in relation to such a contract only for the
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purpose of securing,

that the contract contains such provision as in its opinion is appropriate for the
purpose of dealing with consequences (direct or indirect) of the use of the
railway facility to which the contract relates being disrupted by the
construction of Crossrail.
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(4)
The Office of Rail Regulation may, for the purpose of the exercise of its power
under subsection (1) in relation to an access contract to which that subsection
applies, require the parties to the contract to submit to it proposals as to the
directions it should give in exercise of that power in relation to the contract.
(5)
The Office of Rail Regulation shall, before exercising its power under
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subsection (1) in relation to any particular access contract—

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(a)
invite the Secretary of State to make representations about the exercise
of the power in relation to that contract, and
(b)
consider any representations made to it in response to the invitation.
(6)
In this section—
“access contract” has the meaning given by section 17(6) of the Railways
5
Act 1993 (c. 43);
“railway facility” has the meaning given by section 83(1) of that Act.
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Amending pre-commencement access contracts: principal Crossrail services
(1)
This section applies to access contracts entered into on or before the day on
which this Act is passed.
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(2)
Once minimum operating levels for Crossrail passenger services have first
been specified under section 23(1), the Office of Rail Regulation shall, in respect
of each contract to which this section applies, consider whether its terms are
such as to prejudice the operation of principal Crossrail passenger services on
and after the date specified under section 23(3).
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(3)
If the Office of Rail Regulation considers that the terms of a contract to which
this section applies are of that nature, it shall—
(a)
notify the Secretary of State of that, and
(b)
provide the Secretary of State with the relevant details of the contract.
(4)
Where the Secretary of State has been notified under subsection (3) in respect
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of a contract, he must indicate to the Office of Rail Regulation whether he—
(a)
objects to the contract on the ground that its terms are such as to
prejudice the operation of principal Crossrail passenger services on and
after the date specified under section 23(3), or
(b)
makes no objection to the contract.
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(5)
Where the Office of Rail Regulation receives an indication under subsection
(4)(a) in respect of a contract, it shall do one of the following—
(a)
give directions requiring the parties to the contract to amend it so as to
remove the ground for the Secretary of State’s objection;
(b)
declare the contract, or provisions of it, to be void.
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(6)
Where the Office of Rail Regulation has acted under paragraph (a) or (b) of
subsection (5), it may give directions requiring a person to pay compensation
to another.
(7)
The Secretary of State may by regulations make provision in relation to the
carrying out by the Office of Rail Regulation of its functions under subsection
35
(5) or (6).
(8)
The provision that may be made by regulations under subsection (7) includes
(in particular) provision corresponding to any provision of paragraphs 3 to 6
of Schedule 4 to the Railways Act 1993.
(9)
The power to make regulations under subsection (7) shall be exercisable by
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statutory instrument which shall be subject to annulment in pursuance of a
resolution of either House of Parliament.
(10)
In this section—
“access contract” has the meaning given by section 17(6) of the Railways
Act 1993;
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“Crossrail passenger service” and “principal Crossrail passenger service”
have the meanings given by section 22(9).
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Terms of, and amending other contracts because of, Crossrail access contracts
(1)
Where a person makes an application for directions under section 17 of the
Railways Act 1993 (c. 43), subsections (2) and (6) apply if—
5
(a)
the permission sought is, or includes, permission for use of a railway
facility that—
(i)
is part of Crossrail but is not, and is not part of, the railway
mentioned in section 1(1)(a), or
(ii)
is associated with Crossrail but not by reason only of its being
10
associated with the railway mentioned in section 1(1)(a), and
(b)
the permission is sought in connection with the provision of Crossrail
passenger services.
(2)
The Office of Rail Regulation may give directions requiring the parties to an
access contract to which this subsection applies to make such amendments to
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the contract as are, in its opinion, necessary to facilitate the operation, on and
after the date specified under section 23(3), of those Crossrail passenger
services so far as they are principal Crossrail passenger services.
(3)
Subsection (2) applies to an access contract where the permission concerned is
permission to use a railway facility that—
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(a)
is, or is part of, a railway but is not, and is not part of, the railway
mentioned in section 1(1)(a), or
(b)
is associated with a railway but not by reason only of its being
associated with the railway mentioned in section 1(1)(a).
(4)
The Office of Rail Regulation may not under subsection (2) give directions
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requiring the parties to an access contract to make amendments relating—
(a)
to amounts payable under the contract by one of them to the other, or
(b)
to the times at which, and manner in which, any such amounts are
payable.
(5)
Where the Office of Rail Regulation gives directions under subsection (2)
30
requiring amendments to be made to an access contract, it shall consider
whether to carry out an access charges review in relation to that contract.
(6)
The Secretary of State may give directions to the Office of Rail Regulation
requiring it, in the event that its decision on the application is to require entry
into a contract, to include in the contract proposed terms specified in the
35
application—
(a)
that relate to the duration of the permission concerned,
(b)
that are terms, other than terms relating to charges or other financial
matters, that in the directions are identified as terms that must be
included in the contract on the ground that the Secretary of State
40
considers them to be needed to facilitate the provision of Crossrail
passenger services, or
(c)
so far as those terms relate to the railway mentioned in section 1(1)(a).
(7)
A direction under subsection (6) that is given in respect of a term may (but need
not) be given in respect of the term only so far as it is to have effect for
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particular purposes.

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(8)
The Secretary of State may by regulations—
(a)
make provision for Schedule 4 to the Railways Act 1993 (c. 43) to apply,
in relation to applications under section 17 of that Act in respect of
which the conditions in paragraphs (a) and (b) of subsection (1) are
satisfied, with modifications specified in the regulations;
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(b)
make provision that is to apply in relation to such applications in place
of that Schedule, including (in particular) provision corresponding to
any provision of that Schedule;
(c)
make transitional provision in connection with provision made under
paragraph (a) or (b).
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(9)
The power to make regulations under subsection (8) shall be exercisable by
statutory instrument which shall be subject to annulment in pursuance of a
resolution of either House of Parliament.
(10)
In this section—
“access charges review” has the meaning given by paragraph 1A(2) of
15
Schedule 4A to the Railways Act 1993;
“access contract” has the meaning given by section 17(6) of that Act;
“Crossrail passenger service” and “principal Crossrail passenger service”
have the meanings given by section 22(9);
“railway facility” has the meaning given by section 83(1) of the Railways
20
Act 1993.
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Post-commencement access contracts: effects of construction of Crossrail
(1)
The Office of Rail Regulation shall exercise its functions under sections 17 and
18 of the Railways Act 1993 in relation to an access contract to which this
subsection applies so as to secure that the contract contains such provision as
25
in its opinion is appropriate for dealing with consequences (direct or indirect)
of the use of the railway facility to which the contract relates being disrupted
by the construction of Crossrail.
(2)
Subsection (1) applies to an access contract if—
(a)
the contract is to be entered into after the day on which this Act is
30
passed, and
(b)
in the opinion of the Office of Rail Regulation, use of the railway facility
to which the contract relates will or may be affected by the construction
of Crossrail.
(3)
Where the Office of Rail Regulation considers—
35
(a)
that subsection (1) requires it to secure that an access contract contains
provision for the payment of compensation that is provision that the
contract would not otherwise contain, and
(b)
that the burden of that compensation will or may be borne, directly or
indirectly, by a person who is the nominated undertaker for any
40
purpose of any provision of this Act,

it must, before securing the inclusion of that provision, invite the Secretary of
State to make representations and consider any representations made to it in
response to the invitation.
(4)
In this section—
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“access contract” has the meaning given by section 17(6) of the Railways
Act 1993;

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“railway facility” has the meaning given by section 83(1) of that Act.
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Crossrail access contracts: disapplying requirements for approval
(1)
The Secretary of State may by order provide for section 18 of the Railways Act
1993 (c. 43) (access contracts that require approval of Office of Rail Regulation)
not to apply to an access contract—
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(a)
specified in the order, or
(b)
of a description specified in the order.
(2)
The Secretary of State may by order provide for section 22(1) of that Act
(amendment of access agreements) not to apply in relation to an access
agreement if the agreement is—
10
(a)
an access contract specified in the order, or
(b)
an access contract of a description specified in the order.
(3)
The power under subsection (1) or (2) may be exercised so as to disapply a
provision of that Act in relation to an access contract only if the permission
concerned is permission to use a railway facility that is or is part of, or is
15
associated with, the railway mentioned in section 1(1)(a).
(4)
Before the Secretary of State exercises the power under subsection (1) or (2), he
must consult the Office of Rail Regulation as to the terms of any contract to
which the proposed exercise of the power would relate.
(5)
The power to make an order under subsection (1) or (2) shall be exercisable by
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statutory instrument.
(6)
A statutory instrument containing an order under subsection (1) or (2) shall be
laid before Parliament after being made.
(7)
In this section—
“access contract” has the meaning given by section 17(6) of the Railways
25
Act 1993;
“railway facility” has the meaning given by section 83(1) of that Act.
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Crossrail-related access contracts: modified requirements for approval
(1)
Subsection (2) applies to an access contract where—
(a)
the permission concerned is, or includes, permission for use of a
30
railway facility that—
(i)
is part of Crossrail but is not, and is not part of, the railway
mentioned in section 1(1)(a), or
(ii)
is associated with Crossrail but not by reason only of its being
associated with the railway mentioned in section 1(1)(a), and
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(b)
the railway facility is to be used in connection with the provision of
Crossrail passenger services.
(2)
Subsection (3) applies where—
(a)
a facility owner and another person have agreed the terms on which
they propose to enter into an access contract to which this subsection
40
applies, and
(b)
section 18(5) of the Railways Act 1993 requires the proposed contract to
be submitted to the Office of Rail Regulation for approval of its terms.