Search Legislation

Railways Act 2005

Status:

This is the original version (as it was originally enacted).

36Designation of experimental passenger services

This section has no associated Explanatory Notes

(1)The power to designate a railway passenger service as experimental for the purposes of this Part is exercisable—

(a)if it is a Scotland-only service, by the Scottish Ministers;

(b)if it is a cross-border service in respect of which more funding is provided by the Scottish Ministers than the Secretary of State, by those Ministers;

(c)if it is a Welsh service in respect of which more funding is provided by the National Assembly for Wales than the Secretary of State, by the National Assembly for Wales; and

(d)in the case of any other service, by the Secretary of State.

(2)The designation must be in relation to a line or station on or from which the service will be provided.

(3)A service may not be designated as experimental for a period exceeding five years.

(4)Where a service is designated as experimental for a period of less than five years—

(a)the designation may subsequently be extended (on one or more occasions) by the person who made it; but

(b)the aggregate of the periods for which the service is designated as experimental must not exceed five years.

(5)In determining for the purposes of this section the period or aggregate period for which a service is designated as experimental, any period before the service is introduced is to be disregarded.

(6)The person who designates a service as experimental or extends such a designation must—

(a)send a copy of the designation or extension to the Office of Rail Regulation; and

(b)publish notice of the designation or extension in two successive weeks—

(i)in a local newspaper circulating in the area affected by the designation or extension; and

(ii)in two national newspapers.

(7)Where—

(a)a service is designated as experimental or its designation is extended, and

(b)the service is to be provided otherwise than in satisfaction of requirements imposed by a franchise agreement,

the person designating must give notice of the designation or extension to the person who is to provide the service.

(8)For the purposes of subsection (6)(b)(i) the area affected by a designation, or by the extension of a designation, is the area in which is situated the line or station in relation to which the designation is or was made.

(9)For the purposes of subsection (6)(b)(ii) as it applies in relation to—

(a)a Scotland-only service, or

(b)a Wales-only service,

a newspaper which circulates generally in Scotland or, as the case may be, Wales is to be regarded as being a national newspaper.

(10)Where any railway passenger service is treated immediately before the commencement of this section as an experimental passenger service for the purposes of Part 1 of the 1993 Act—

(a)that service shall be treated as designated as experimental for the purposes of this Part; and

(b)the period for which it is treated as having been designated at that time shall be taken into account in determining the period or aggregate period for which it may be designated under this section.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources