Railways Act 1993

48Experimental railway passenger services

(1)Sections 37, 38, 43 and 44 above shall not apply in relation to any proposal to discontinue an experimental passenger service on any line or from any station.

(2)In any case where—

(a)an experimental passenger service on any line or from any station is provided in satisfaction of requirements imposed by a franchise agreement,

(b)the requirement so to provide that service comes to an end, and

(c)the operator intends to discontinue that service,

the Franchising Director shall give due notice if he proposes not to secure its continued provision.

(3)In any case where—

(a)an experimental passenger service on any line or from any station is provided otherwise than as mentioned in subsection (2)(a) above, and

(b)the operator proposes to discontinue that service,

he shall give due notice of that proposal and shall not discontinue that service before the expiry of the notice period.

(4)For the purposes of subsection (2) above, the Franchising Director shall be taken to have given due notice of a proposal if, and only if, after consultation with every consultative committee whose area consists of or includes the whole or any part of the area affected, he has, not less than six weeks before giving effect to the proposal,—

(a)published a notice giving details of the proposal in two successive weeks in a local newspaper circulating in the area affected and in two national newspapers and in such other manner as may appear to him appropriate; and

(b)sent a copy of that notice to every such consultative committee.

(5)For the purposes of subsection (3) above, the operator shall be taken to have given due notice of a proposal if, and only if, not less than six weeks before giving effect to the proposal, he has published in two successive weeks in a local newspaper circulating in the area affected and in two national newspapers, and in such other manner as may appear to him appropriate, a notice giving details of the proposal.

(6)In this Part “experimental passenger service”, in relation to any line or station, means a railway passenger service on that line or from that station which is designated by the Franchising Director as experimental and which either—

(a)was so designated before its introduction; or

(b)before being designated under this section as experimental, was at some time provided on an experimental basis, within the meaning of section 56A of the [1962 c. 46.] Transport Act 1962.

(7)Where the Franchising Director decides to designate a service as experimental, he shall—

(a)if the service is to be provided otherwise than in satisfaction of requirements imposed by a franchise agreement, give notice of the designation to the person who is to be the operator of the service;

(b)send a copy of that notice to the Regulator and to every consultative committee whose area consists of or includes the whole or any part of the area affected; and

(c)publish notice of the designation in two successive weeks in a local newspaper circulating in the area affected and in two national newspapers.

(8)No service may be designated as experimental for a period exceeding 5 years.

(9)Where a service is designated as experimental for a period of less than 5 years, the designation may subsequently be extended, but the aggregate of the periods for which a service is designated as experimental shall not exceed 5 years.

(10)In determining for the purposes of subsection (8) or (9) above the period or periods for which a service is designated as experimental—

(a)there shall be left out of account so much of any period when the service was designated as experimental as falls before the day on which the service was introduced; but

(b)if the service is one which has been provided on an experimental basis, within the meaning of section 56A of the [1962 c. 46.] Transport Act 1962, every period during which it was so provided, or during which the provisions of that section had effect in relation to it by virtue of subsection (11)(b) below, shall be counted as a period during which the service was designated as experimental.

(11)Where, immediately before the coming into force of section 49(1) below so far as relating to section 56A of the [1962 c. 46.] Transport Act 1962 (proposals to discontinue services provided on an experimental basis), a railway passenger service is being provided on an experimental basis within the meaning of the said section 56A—

(a)none of the following provisions, that is to say, sections 37 and 38 above, section 49(2) and (3) below and Schedule 5 to this Act, shall have effect in relation to that service until such time as a franchise agreement is entered into in respect of that service or in respect of some or all of the other railway passenger services provided in the area in which, or on the line on which, that service is provided; and

(b)the provisions of the said section 56A shall continue to have effect with respect to that service—

(i)until the time mentioned in paragraph (a) above, or

(ii)until the service becomes an experimental passenger service under this section,

whichever first occurs.

(12)In this section—

• “the area affected”, in relation to an experimental service on any line or from any station, means the area in which is situated the line or, as the case may be, the station in question;

• “operator”, in relation to any service, means—

  (a)

  in the case of a service provided in satisfaction of requirements imposed by a franchise agreement, the franchisee; or

  (b)

  in the case of a service provided otherwise than in satisfaction of requirements imposed by a franchise agreement, the person who provides the service.

(13)In this Part, “notice period”, in relation to the duty of an operator to give due notice of a proposed discontinuance of an experimental passenger service, means the period of six weeks immediately following the fulfilment by the operator of that duty.