Railways Act 1993
Railways Act 1993 (1993 c. 43)
- Railways Act 1993 (1993 c. 43)
- Part I The Provision of Railway Services
- Introductory
- 1 The Rail Regulator. . ..
- 2 Passengers’ Committees.
- 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 4 General duties of the Secretary of State and the Office of Rail and Road
- 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Licensing of operators of railway assets
- 6 Prohibition on unauthorised operators of railway assets.
- 7 Exemptions from section 6.
- 7A Consumer protection conditions.
- 8 Licences.
- 9 Conditions of licences: general.
- 10 Conditions of licences: activities carried on by virtue of a licence exemption.
- 11 Assignment of licences.
- Modification of licences
- 12 Modification by agreement.
- 13 Modification references to the CMA
- 13A References under section 13: time limits
- 13B References under section 13: application of Enterprise Act 2002
- 14 Reports on modification references.
- 15 Modification following report.
- 15A CMA's power to veto modifications following report.
- 15B Making of modifications by CMA .
- 15C Sections 15A and 15B: supplementary.
- 16 Modification by order under other enactments.
- Directions to provide, improve or develop railway facilities
- 16A Provision, improvement and development of railway facilities.
- 16B Exemption of railway facilities from section 16A.
- 16C Making of applications for directions.
- 16D Procedure for considering applications.
- 16E Decisions on applications: adequate reward.
- 16F Other provisions about decisions.
- 16G Directions: compliance, variation and revocation.
- 16H Code of practice.
- 16I Supplementary.
- Access agreements
- 17 Access agreements: directions requiring facility owners to enter into contracts for the use of their railway facilities.
- 18 Access agreements: contracts requiring the approval of the Office of Rail and Road.
- 19 Access agreements: contracts for the use, on behalf of the Secretary of State, of installations comprised in a network.
- 19A Review of access charges by the Office of Rail and Road.
- 20 Exemption of railway facilities from sections 17 , 18 and 22A.
- 21 Model clauses for access contracts.
- 22 Amendment of access agreements.
- 22A Directions to require amendment permitting more extensive use.
- 22B Applications for directions under section 22A: procedure.
- 22C Amendment: supplementary.
- Provision of passenger services
- 23 Designation of passenger services.
- 24 Exemption of passenger services from section 23(1).
- 24A ... Exemptions granted by Secretary of State or Welsh Ministers: operator agreements
- 25A Prohibition on franchise extensions and new franchises
- 26B No adequate tenders for franchise.
- 26C Review of directions.
- 27 Transfer of franchise assets and shares.
- 28 Fares and approved discount fare schemes.
- 29 Other terms and conditions of franchise agreements.
- 30 Public sector provision of services.
- 30A Temporary continuation of existing franchises
- 30B Agreements and extensions under section 30A
- 30C Sections 30 to 30B: supplementary
- 31 Leases granted in pursuance of franchise agreements: no security of tenure.
- Passenger Transport Authorities and Executives
- 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 34 Passenger Transport Authorities and Executives: franchising.
- 35 Termination and variation of section 20(2) agreements by the Authority.
- 36 Miscellaneous amendments of the Transport Act 1968.
- Closures
- 37 Proposals to discontinue non-franchised etc. passenger services.
- 38 Proposals to discontinue franchised etc. passenger services.
- 39 Notification of proposals to close operational passenger networks.
- 40 Proposals to close passenger networks operated on behalf of theAuthority.
- 41 Notification of proposals to close railway facilities used in connection with passenger services.
- 42 Proposals to close passenger railway facilities operated on behalf of the Authority.
- 43 Notification to, and functions of, theSecretary of State and the relevantRail Passengers Committees.
- 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 45 Closure conditions: general.
- 46 Variation of closure conditions.
- 46A General determinations of minor closures.
- 46B Notification of minor closures to Regulator.
- 47 Withdrawal of bus substitution service.
- 47A Objections to withdrawal of bus substitution service.
- 47B Revocation or variation of bus substitution conditions.
- 48 Experimental railway passenger services.
- 49 Abolition of former closure procedures, exemptions from new procedures and imposition of alternative procedure.
- 50 Exclusion of liability for breach of statutory duty.
- Supplementary powers of the Franchising Director etc.
- 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 54 Exercise of functions for purpose of encouraging investment in the railways.
- Enforcement by the Office of Rail and Road and the Authority
- 55 Orders for securing compliance.
- 56 Procedural requirements for section 55 orders.
- 57 Validity and effect of section 55 orders.
- 57A Penalties.
- 57B Statement of policy.
- 57C Procedural requirements for penalties.
- 57D Time limits.
- 57E Interest and payment of instalments.
- 57F Validity and effect of penalties.
- 58 Power to require information etcfor purposes of sections 55 and 57A.
- Railway administration orders, winding up and insolvency
- 59 Meaning and effect of railway administration order.
- 60 Railway administration orders made on special petitions.
- 61 Restriction on making winding-up order in respect of protected railway company.
- 62 Restrictions on voluntary winding up and insolvency proceedings in the case of protected railway companies.
- 63 Government financial assistance where railway administration orders made.
- 64 Guarantees under section 63.
- 64A Financial assistance by Scottish Ministers or Welsh Ministers
- 65 Meaning of “company" and application of provisions to unregistered, foreign and other companies.
- Consumer protection
- 66 Amendments of the Fair Trading Act 1973.
- 67 Competition functions of the Office of Rail and Road
- Other functions of the Office of Rail and Road
- 68 Investigatory functions.
- 69 General functions.
- 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 71 Publication of information and advice.
- Other functions of the Authority
- 71A Investigatory functions.
- 71B Code of practice for protection of interests of rail users who are disabled.
- Registers and reports of the Office of Rail and Road and the Authority
- 72 Keeping of register by the Office of Rail and Road.
- 73 Keeping of register by the Secretary of State.
- 73A Keeping of register by the Scottish Ministers
- 73B. Keeping of register by the Welsh Ministers
- 74 Annual and other reports of the Office of Rail and Road.
- 75 Annual reports of the Franchising Director.
- The Passengers’ Council and Rail Passengers’ Committees
- 76 General railway duties of Passengers’ Council .
- 76A Delegation of duties under section 76(7A)
- 77 General duties of Rail Passengers’ Committees.
- 78 Functions under section 56 of the Transport Act 1962.
- 79 Annual reports by the Rail Passengers’ Council and the Rail Passengers’ Committees.
- Information
- 80 Duty of certain persons to furnish information to the Secretary of State, the Welsh Ministers, the Scottish Ministers or the Office of Rail and Road on request.
- Interpretation
- 81 Meaning of “railway".
- 82 Meaning of “railway services" etc.
- 83 Interpretation of Part I.
- Part II Re-organisation of the Railways
- New companies, transfer schemes and disposals
- 84 Powers of the Board to form companies.
- 85 Powers of the Board to make transfer schemes.
- 86 Powers of the Franchising Director to make transfer schemes.
- 87 Transfer to the Secretary of State or the Franchising Director of the Board’s function of making transfer schemes.
- 88 Transfers of interests in certain companies: provisions supplemental to sections 84 to 87.
- 89 Disposals by the Board and its subsidiaries.
- 90 Directions to the Board about the exercise of rights conferred by holdings in companies.
- Transfer schemes: supplemental provision
- 91 Transfer schemes: general.
- 92 Functions under local or private legislation etc.
- 93 Assignment of employees to particular parts of undertakings.
- 94 Accounting provisions.
- 95 Power of the Secretary of State or the Franchising Director to require provision of information in connection with transfer schemes.
- 96 Functions of the Secretary of State in relation to transfer schemes.
- 97 Supplementary provisions as to transfers by transfer scheme.
- Ownership of successor companies
- 98 Initial share holding in successor companies.
- 99 Government investment in securities of successor companies.
- 100 Exercise of functions through nominees.
- 101 Target investment limit for Government shareholding in certain successor companies.
- Finances of successor companies
- 102 Temporary restrictions on borrowings etc.
- 103 Government lending to certain successor companies.
- 104 Treasury guarantees for loans made to certain successor companies.
- 105 Grants to certain successor companies.
- 106 Extinguishment of certain liabilities of successor companies.
- Provisions with respect to flotation
- 107 Responsibility for composite listing particulars of certain licensed successor companies.
- 108 Application of Trustee Investments Act 1961 in relation to investment in certain licensed successor companies.
- Other financial provisions
- 109 Grants to the Board.
- 110 Application of sections 19 to 21A of the Transport Act 1962 to wholly owned subsidiaries of the Board.
- 111 Financial limits on loans.
- Stamp duty and stamp duty reserve tax
- 112 Stamp duty and stamp duty reserve tax.
- Supplemental
- 113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 114 The Secretary of State, the Franchising Director and the Board not to be regarded as shadow directors of certain railway companies etc.
- 115 Parliamentary disqualification.
- 116 Interpretation of Part II.
- Part III Miscellaneous, General and Supplemental Provisions
- Safety, emergencies, security etc.
- 117 Safety of railways and other guided transport systems.
- 118 Control of railways in time of hostilities, severe international tension or great national emergency.
- 119 Security: power of Secretary of State to give instructions.
- 120 Security: enforcement notices.
- 121 Security: inspections.
- 121A Railway security services: approved providers
- Statutory authority
- 122 Statutory authority as a defence to actions in nuisance etc.
- Miscellaneous and general
- 123 No person to be common carrier by railway.
- 124 Carriage of mail by railway.
- 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 129 Bye-laws.
- 130 Penalty fares.
- 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Transport police
- 132 Schemes for the organisation etc. of transport police.
- 133 Terms and conditions of employment of transport police.
- Pensions and other benefits
- 134 Pensions.
- 135 Concessionary travel for railway staff etc.
- Financial provisions
- 136 Grants and subsidies.
- 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 138 Grants and other payments towards facilities for public passenger transport to and from airports, harbours etc.
- 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 142 General financial provisions.
- Supplemental
- 143 Regulations and orders.
- 144 Directions.
- 145 General restrictions on disclosure of information.
- 146 Making of false statements etc.
- 147 Offences by bodies corporate or Scottish partnerships.
- 148 Proceedings in Scotland.
- 149 Service of documents.
- 149A Service of documents under sections 118 to 120: additional provisions
- 150 Crown application.
- 151 General interpretation.
- 152 Minor and consequential amendments, transitional provisions and repeals.
- 153 Power to make consequential modifications in other Acts etc.
- 154 Short title, commencement and extent.
- SCHEDULES
- Remuneration, pensions etc.
- Staff
- Expenses of the Regulator, . . . and . . . staff
- Official seal
- Performance of functions
- Documentary evidence
- The Parliamentary Commissioner
- Parliamentary disqualification etc.
- SCHEDULE 2 Rail Passengerscommittees
- Preliminary
- Remuneration of, and allowances for, members
- Allowances for other members
- Administration etc.
- Proceedings
- Admission of public to meetings
- Sub-committees
- Financial provisions
- Amendment of other Acts
- SCHEDULE 3 The Rail Passengers’ Council
- Preliminary
- Remuneration of, and allowances for, members
- Allowances for other members
- Administration etc.
- Proceedings
- Admission of public to meetings
- Sub-committees
- Financial provisions
- Amendment of other Acts
- SCHEDULE 4 Access agreements: applications for access contracts
- Interpretation
- Making and withdrawal of application
- Notifications, representations and information
- Interested persons
- The decision and the directions
- Effect of directions on facility owner and interested persons
- Financial provision
- SCHEDULE 4A Review of access charges by the Office of Rail and Road
- Application of Schedule
- Scope of review
- Response to request to carry out review
- Notice of access charges review
- Duty to notify ORR about desired outputs and finances
- Suggestions about future reviews
- Revision of outputs and financial information
- Notification of likely adverse effect on interests of certain providers of railway services
- Duty to have regard to information about desired outputs and finances etc.
- Main provisions
- Review notice
- Notice of agreement
- Termination notice
- Review implementation notice
- New review notice or reference to CMA
- Reference to CMA
- References under paragraph 9: time limits
- References under paragraph 9: application of Enterprise Act 2002
- Report on reference
- Changes following report
- CMA's power to veto changes
- Making of changes by CMA
- Paragraphs 13 and 14: supplementary
- Termination notice in response to proposals after reference
- Application of Schedule
- Notice of proposed closure
- Objections
- Publication of consent at stations
- Conditions
- Functions of the consultative Rail Passengers’ Committee
- Qualifying services in and around Greater London
- Interpretation
- SCHEDULE 6 Railway administration orders
- Part I Modifications of the 1986 Act
- General application of provisions of 1986 Act
- Effect of order
- Appointment of special railway administrator
- General powers of special railway administrator
- Power to deal with charged property
- Duties of special railway administrator
- Discharge of order
- Notice of making of order
- Statement of proposals
- Applications to court
- Particular powers of special railway administrator
- Part II Further modifications of the 1986 Act: application in relation to foreign companies
- Introductory
- Effect of order
- Notification of order
- General powers of special railway administrator
- Power to deal with charged property
- Duties of special railway administrator
- Statement as to company’s affairs
- Particular powers of special railway administrator
- Part III Supplemental
- General adaptations and saving
- Interpretation
- SCHEDULE 7 Transfer of relevant activities in connection with railway administration orders
- Application of Schedule
- Making and modification of transfer schemes
- Transfers by scheme
- Transfer of licences
- Supplemental provisions of schemes
- Duties of existing appointee after the scheme comes into force
- Functions under private and local legislation etc.
- SCHEDULE 8 Transfers by transfer scheme
- Allocation of property, rights and liabilities
- Variation of transfers by agreement
- Right to production of documents of title
- Perfection of vesting of foreign property, rights and liabilities
- Proof of title by certificate
- Restrictions on dealing with certain land
- Construction of agreements, statutory provisions and documents
- Third parties affected by vesting provisions
- Interpretation
- SCHEDULE 9 Stamp duty and stamp duty reserve tax
- Interpretation
- Stamp duty
- Stamp duty reserve tax
- The British Transport Commission Act 1949
- The Transport Act 1962
- SCHEDULE 11 Pensions
- Interpretation
- Establishment of new schemes
- Amendment of existing schemes
- Transfer of pension rights and corresponding assets and liabilities
- Protection of pension rights: meaning of “protected person"
- The powers of protection
- Protection: supplementary provisions
- Entitlement to participate in the joint industry scheme
- Payments in discharge of liabilities under s.52(1) of the Transport Act 1980
- Application and modification of Part III of the 1980 Act
- Government guarantees to trustees of certain new schemes
- Supplementary
- Parliamentary procedure
- Transitory provision
- SCHEDULE 12 Minor and consequential amendments
- The Regulation of Railways Act 1889
- The Railway Fires Act 1905
- The Railway Fires Act (1905) Amendment Act 1923
- The British Transport Commission Act 1950
- The Transport Act 1962
- The Transport Act 1968
- The Fair Trading Act 1973
- The Consumer Credit Act 1974
- The Railways Act 1974
- The Restrictive Trade Practices Act 1976
- The Estate Agents Act 1979
- The Competition Act 1980
- The Telecommunications Act 1984
- The London Regional Transport Act 1984
- The Airports Act 1986
- The Gas Act 1986
- The Insolvency Act 1986
- The Consumer Protection Act 1987
- The Channel Tunnel Act 1987
- The Electricity Act 1989
- The New Roads and Street Works Act 1991
- The Water Industry Act 1991
- The Water Resources Act 1991
- The British Coal and British Rail (Transfer Proposals) Act 1993
- SCHEDULE 13 Transitional provisions and savings
- The Central Committee
- Consultative committees
- Proposed closures
- Saving for section 41 of the Channel Tunnel Act 1987
- SCHEDULE 14 Repeals
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