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Railways Act 2005

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Transfer of functions and railway strategy

    1. Transfer of functions

      1. 1.Transfer etc. of SRA functions and abolition

      2. 2.Transfer of safety functions to ORR

    2. Railway strategy

      1. 3.General duties under s. 4 of the 1993 Act

      2. 4.Use of access charges reviews for application of strategy

      3. 5.Railway strategy for Scotland

  3. Part 2 Public sector funding authorities for railways

    1. Assisting and securing the provision of services

      1. 6.Financial assistance etc. from the Secretary of State

      2. 7.Notification of assistance from Secretary of State for freight services

      3. 8.Franchising and financial assistance in relation to Scotland

      4. 9.Notification of assistance from Scottish Ministers for freight services

      5. 10.Franchising and financial assistance in relation to Wales

      6. 11.Notification of assistance from Welsh Assembly for freight services

      7. 12.Transfer schemes at end of franchising agreements

    2. Passenger Transport Executives

      1. 13.Railway functions of Passenger Transport Executives

      2. 14.Repeals and savings relating to Passenger Transport Executives

    3. London

      1. 15.Duty of Secretary of State and Transport for London to co-operate

      2. 16.Relaxation of contractual restrictions on Transport for London

      3. 17.Membership of Transport for London

    4. Provision of service by provider of last resort

      1. 18.Qualification of duty in respect of services funded by others

  4. Part 3 Rail Passengers' Council and Rail Passengers' Committees

    1. 19.The Rail Passengers' Council

    2. 20.Delegation of functions by Council

    3. 21.Rail Passengers' Committees

  5. Part 4 Network modifications etc.

    1. Discontinuance of railway passenger services

      1. 22.Proposal by service operator to discontinue non-franchised services

      2. 23.Proposal by funding authority to discontinue non-franchised services

      3. 24.Proposals to discontinue franchised or secured services

      4. 25.Proposal to discontinue excluded services

    2. Discontinuance of operation of passenger networks

      1. 26.Proposal by operator to close passenger network

      2. 27.Proposal by funding authority to close passenger network

      3. 28.Proposal to discontinue operation of secured network

    3. Discontinuance of use or operation of stations

      1. 29.Proposal by operator to close station

      2. 30.Proposal by funding authority to close station

      3. 31.Proposal to discontinue operation of secured station

    4. References to the ORR

      1. 32.References to the ORR

      2. 33.Closure requirements

    5. Excluded proposals

      1. 34.Minor modifications

      2. 35.Closures eligible to be treated as minor modifications

      3. 36.Designation of experimental passenger services

      4. 37.Discontinuance of experimental passenger services

      5. 38.Services, networks and stations excluded by order

    6. Substitution services

      1. 39.Quality contracts schemes in connection with service modifications

      2. 40.Substitute road services

    7. Supplemental provisions of Part

      1. 41.Proposals by funding authorities

      2. 42.Closures guidance

      3. 43.Procedure relating to publication and modification of closures guidance

      4. 44.Exclusion of liability for breach of statutory duty

      5. 45.Interpretation of Part 4

  6. Part 5 Further miscellaneous provisions

    1. Conduct and accessibility on railways

      1. 46.Bye-laws

      2. 47.Power of Scottish Ministers to make penalty fare regulations

      3. 48.Code of practice for disabled rail users in Scotland

    2. Railway administration orders for companies providing Scottish services

      1. 49.Functions of Scottish Ministers in relation to railway administration

      2. 50.Assistance by Scottish Ministers for companies in railway administration

    3. Duties of co-operation

      1. 51.ORR to assist and advise national authorities

      2. 52.Duty of Passenger Transport Executives to advise Secretary of State

  7. Part 6 General and supplemental

    1. General

      1. 53.Taxation

      2. 54.Further amendments of the 1993 Act

    2. Supplemental

      1. 55.Expenses etc.

      2. 56.Powers exercisable by statutory instrument

      3. 57.Meaning of “Wales-only service” and “Welsh service”

      4. 58.General interpretation

      5. 59.Consequential amendments, transitional provisions and repeals

      6. 60.Short title, commencement and extent

  8. SCHEDULES

    1. SCHEDULE 1

      Transfer etc. of functions of the Strategic Rail Authority

      1. Part 1 Transfer and abolition of functions

        1. 1.Transfer to ORR of consumer protection and other functions relating to licensing

        2. 2.Section 7A of the 1993 Act (consumer protection conditions) shall...

        3. 3.(1) In section 8 of the 1993 Act (licences), in...

        4. 4.In section 11 of the 1993 Act (assignment of licences)—...

        5. 5.(1) In section 12 of the 1993 Act, subsections (1A)...

        6. 6.In section 13 of the 1993 Act (modification references to...

        7. 7.In section 13A of the 1993 Act (time limits under...

        8. 8.In section 14 of the 1993 Act (reports on modification...

        9. 9.In section 15 of the 1993 Act (modification following report)—...

        10. 10.(1) This paragraph applies to things done under or for...

        11. 11.Transfers relating to the provision, improvement or development of railway facilities

        12. 12.Transfer of functions relating to access agreements

        13. 13.Transfer of functions relating to franchise agreements

        14. 14.(1) Section 24 of the 1993 Act (franchise exemptions granted...

        15. 15.(1) Section 26 of the 1993 Act (invitation to tender...

        16. 16.For sections 26A, 26B and 26C of the 1993 Act...

        17. 17.(1) In section 27 of the 1993 Act (transfer of...

        18. 18.(1) In section 28 of the 1993 Act (fares and...

        19. 19.In section 29 of the 1993 Act (other terms and...

        20. 20.Transfer of functions as operator of last resort

        21. 21.Transfer etc. of functions relating to enforcement

        22. 22.In section 56(2A) of the 1993 Act (procedural requirements for...

        23. 23.(1) Section 57A of the 1993 Act (penalties) is amended...

        24. 24.(1) In section 57B of the 1993 Act—

        25. 25.In section 57C(3) of the 1993 Act (service of penalty...

        26. 26.(1) This paragraph applies to things done under or for...

        27. 27.Abolition of functions relating to railway administration orders

        28. 28.Abolition of duty to investigate contravention of consumer protection conditions

        29. 29.Transfer of function of maintaining code of practice for protection of disabled rail users

        30. 30.Transfer of functions relating to maintenance of register

        31. 31.After that section insert— Keeping of register by the Scottish...

        32. 32.Transfer of functions relating to the Rail Passengers' Council

        33. 33.Transfer of power to require information from licence holders

        34. 34.Abolition of functions relating to penalty fares

        35. 35.Transfer of functions relating to concessionary travel

        36. 36.Abolition of certain functions under the 2000 Act

      2. Part 2 Definitions for purposes of transfers to Scottish Ministers

        1. 37.(1) Section 83(1) of the 1993 Act (expressions defined for...

    2. SCHEDULE 2

      Transfer schemes

      1. 1.Application and commencement of scheme

      2. 2.Property, rights and liabilities that may be transferred

      3. 3.Dividing and modifying transferor’s property, rights and liabilities

      4. 4.Obligation to effect transfers etc. under a scheme

      5. 5.Effect of scheme

      6. 6.Powers and duties under statutory provisions

      7. 7.Supplementary provisions of schemes

      8. 8.Modification of scheme by agreement

      9. 9.Continuity of employment etc.

      10. 10.Compensation for third parties

      11. 11.Provision of information to person making scheme

      12. 12.Interpretation

    3. SCHEDULE 3

      Transfer of safety functions

      1. 1.Railway safety purposes

      2. 2.ORR’s principal railway safety functions

      3. 3.Removal of corresponding functions from HSC

      4. 4.Reports and investigations

      5. 5.(1) This paragraph applies where, before the commencement of paragraph...

      6. 6.(1) This paragraph applies where, before the commencement of paragraph...

      7. 7. ORR acting as agent of government departments and other public authorities

      8. 8.Government departments and other public authorities acting as agent of ORR

      9. 9.Restrictions on codes of practice by HSC

      10. 10.Co-operation with the HSC

      11. 11.Information powers corresponding to section 27 of the 1974 Act

      12. 12.Railway safety levy

      13. 13.Removal of requirement of consultation with HSC for railway safety regulations

      14. 14.Regulatory Reform Act 2001

      15. 15.Interpretation

    4. SCHEDULE 4

      Reviews by ORR of access charges and licence conditions

      1. 1.Introductory

      2. 2.Conduct of access charges reviews

      3. 3.Repeal of paragraph 3

      4. 4.Implementation notice

      5. 5.Termination notice

      6. 6.New review notice following objections

      7. 7.Information to be provided to Competition Commission in connection with reference

      8. 8.Noticed of proposed relevant changes following Competition Commission report

      9. 9.Notice of decisions by Competition Commission

      10. 10.Information to be provided to Competition Commission with proposal for relevant changes

      11. 11.Commencement of Schedule

    5. SCHEDULE 5

      Rail Passengers' Council established by s. 19(1)

      1. Part 1 Introductory

        1. 1.In this Schedule— “accounting records” includes all books, papers and...

      2. Part 2 Members and staff

        1. 2.Remuneration etc. of members

        2. 3.Staff

        3. 4.(1) The RPC may— (a) pay such pensions, allowances or...

        4. 5.(1) The persons to whom section 1 of the Superannuation...

      3. Part 3 Finance

        1. 6.Government grants

        2. 7.Direction requiring payment to the Secretary of State

        3. 8.Accounts and audit

        4. 9.(1) The statement of accounts and other accounts of the...

      4. Part 4 Financial framework and information

        1. 10.Financial framework

        2. 11.Annual reports

        3. 12.Information

      5. Part 5 Status and supplementary powers

        1. 13.Status

        2. 14.Supplementary powers

      6. Part 6 Procedure

        1. 15.Regulation of procedure

        2. 16.Admission of the public to meetings

        3. 17.The RPC must give such notice— (a) of any meeting...

        4. 18.Local committees

        5. 19.Execution of documents

    6. SCHEDULE 6

      Functions retained by London Transport Users' Committee

      1. 1.Members of LTUC to represent users of services in London railway area

      2. 2.General duty of LTUC to keep railway matters under review

      3. 3.Duty of LTUC to investigate matters

      4. 4.Power of Secretary of State to exclude matters from duties of LTUC

      5. 5.Duty of Rail Passengers' Council to refer matters to the LTUC

    7. SCHEDULE 7

      Consultations under Part 4

      1. 1.Introductory

      2. 2.Newspaper notification

      3. 3.Specific notification to particular persons

      4. 4.Interpretation of Schedule

      5. 5.In this Schedule “the area affected”, in relation to a...

      6. 6.(1) A newspaper is to be regarded as a national...

    8. SCHEDULE 8

      Proposals to discontinue excluded London services

      1. 1.Introductory

      2. 2.Notice of proposal

      3. 3.Objections etc.

      4. 4.Consideration of objections and report to Mayor of London

      5. 5.Consent of Mayor to closure

    9. SCHEDULE 9

      Bye-laws by railway operators

      1. 1.Introductory

      2. 2.Penalties

      3. 3.Confirmation

      4. 4.(1) A railway operator who proposes to make bye-laws must...

      5. 5.(1) The appropriate national authority may— (a) confirm (with or...

      6. 6.Publicity for confirmed bye-laws

      7. 7.Evidence

      8. 8.Power to amend or vary

    10. SCHEDULE 10

      Taxation provisions relating to transfer schemes

      1. Part 1 Transfers to a national authority under section 1(2) schemes

        1. 1.Meaning of “relevant transfer” in Part 1 of Schedule

        2. 2.Capital allowances: determination of disposal value of plant or machinery

        3. 3.Capital allowances: determination of disposal value of fixtures

        4. 4.Capital allowances: determination of capital value of industrial buildings etc.

        5. 5.Chargeable gains: assets to be treated as disposed without a gain or a loss

        6. 6.Continuity in relation to transfer of intangible assets

        7. 7.Neutral effect of transfer for loan relationships and derivative contracts

        8. 8.Leased assets

      2. Part 2 Other transfers under section 1(2) schemes

        1. 9.Meaning of “relevant transfer” in Part 2 of Schedule

        2. 10.Computation of profits and losses in respect of transfer of trade

        3. 11.Trading losses: change in ownership

        4. 12.Capital allowances: transfer of whole trade

        5. 13.Capital allowances: transfer of part of a trade

        6. 14.Capital allowances: transfer of plant or machinery

        7. 15.Capital allowances: determination of capital value of industrial buildings etc.

        8. 16.Chargeable gains: assets to be treated as disposed of without a gain or a loss

        9. 17.Continuity in relation to transfer of intangible assets

        10. 18.Continuity in relation to loan relationships

        11. 19.Continuity in relation to derivative contracts

        12. 20.Leased assets

      3. Part 3 Transfers under section 12 schemes

        1. 21.Meaning of “relevant transfer” in Part 3 of Schedule

        2. 22.Capital allowances: determination of disposal value of plant or machinery

        3. 23.Capital allowances: determination of disposal value of fixtures

        4. 24.Capital allowances: determination of capital value of industrial buildings etc.

        5. 25.Chargeable gains: disposals not be treated as made at market value

        6. 26.Chargeable gains: degrouping charges

        7. 27.Chargeable gains: disposal of debts

        8. 28.Loan relationships

      4. Part 4 Other provisions concerning transfers

        1. 29.Stamp duty

        2. 30.Stamp duty land tax

        3. 31.Chargeable gains: value shifting

        4. 32.Group relief

        5. 33.Consequential amendment

      5. Part 5 Interpretation of Schedule

        1. 34.(1) In this Schedule— “the 1992 Act” means the Taxation...

    11. SCHEDULE 11

      Miscellaneous amendments of 1993 Act

      1. 1.Introductory provision

      2. 2.Licence conditions

      3. 3.Access agreements

      4. 4.Duties of provider of last resort

      5. 5.Exclusion for liability for breach of statutory duty

      6. 6.Purposes for which franchising functions may be exercised

      7. 7.Orders for securing compliance

      8. 8.In section 57F(1) (validity and effect of penalties), for “penalty...

      9. 9.Financial assistance from the Secretary of State to companies in railway administration

      10. 10.Register kept by ORR

      11. 11.Register kept by Secretary of State

      12. 12.Purposes for which the Secretary of State may require information from licence holders

      13. 13.General interpretation

      14. 14.Competent authority status for the purposes of grants and loans under EU regulations

      15. 15.Powers to make statutory instruments

      16. 16.Restrictions on disclosure of information

    12. SCHEDULE 12

      Other minor and consequential amendments

      1. 1.Transport Act 1962 (c. 46)

      2. 2.Transport Act 1968 (c. 73)

      3. 3.Chronically Sick and Disabled Persons Act 1970 (c. 44)

      4. 4.Fire Precautions Act 1971 (c. 40)

      5. 5.Superannuation Act 1972 (c. 11)

      6. 6.Level Crossings Act 1983 (c. 16)

      7. 7.Telecommunications Act 1984 (c. 12)

      8. 8.Transport Act 1985 (c. 67)

      9. 9.Airports Act 1986 (c. 31)

      10. 10.Water Industry Act 1991 (c. 56)

      11. 11.Water Resources Act 1991 (c. 57)

      12. 12.Deregulation and Contracting Out Act 1994 (c. 40)

      13. 13.Railway Heritage Act 1996 (c. 42)

      14. 14.Greater London Authority Act 1999 (c. 29)

      15. 15.Postal Services Act 2000 (c. 26)

      16. 16.Utilities Act 2000 (c. 27)

      17. 17.Transport Act 2000 (c. 38)

      18. 18.Enterprise Act 2002 (c. 40)

    13. SCHEDULE 13

      Repeals

      1. Part 1 Repealed enactments

      2. Part 2 Savings

        1. 1.The repeal of the entry relating to the Strategic Rail...

        2. 2.The repeal of section 219 of the 2000 Act has...

        3. 3.The repeal of Part 3 of Schedule 17 to that...

        4. 4.The repeal of Schedule 19 to that Act does not...

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