Railways Act 2005
Railways Act 2005 (2005 c. 14)
- Railways Act 2005 (2005 c. 14)
- Part 1 Transfer of functions and railway strategy
- Transfer of functions
- 1 Transfer etc. of SRA functions and abolition
- 2 Transfer of safety functions to ORR
- Railway strategy
- 3 General duties under s. 4 of the 1993 Act
- 4 Use of access charges reviews for application of strategy
- 5 Railway strategy for Scotland
- Part 2 Public sector funding authorities for railways
- Assisting and securing the provision of services
- 6 Financial assistance etc. from the Secretary of State
- 7 Notification of assistance from Secretary of State for freight services
- 8 Franchising and financial assistance in relation to Scotland
- 9 Notification of assistance from Scottish Ministers for freight services
- 10 Franchising and financial assistance in relation to Wales
- 11 Notification of assistance from Welsh Ministers for freight services
- 12 Transfer schemes at end of franchising agreements
- Passenger Transport Executives
- 13 Railway functions of Passenger Transport Executives
- 14 Repeals and savings relating to Passenger Transport Executives
- London
- 15 Duty of Secretary of State and Transport for London to co-operate
- 16 Relaxation of contractual restrictions on Transport for London
- 17 Membership of Transport for London
- Provision of service by provider of last resort
- 18 Qualification of duty in respect of services funded by others
- Part 3 Passengers’ Council and Rail Passengers' Committees
- 19 The Passengers’ Council
- 19A Power to confer non-rail functions on the Passengers’ Council
- 20 Delegation of functions by Council
- 21 Rail Passengers' Committees
- Part 4 Network modifications etc.
- Discontinuance of railway passenger services
- 22 Proposal by service operator to discontinue non-franchised services
- 23 Proposal by funding authority to discontinue non-franchised services
- 24 Proposals to discontinue franchised or secured services
- 25 Proposal to discontinue excluded services
- Discontinuance of operation of passenger networks
- 26 Proposal by operator to close passenger network
- 27 Proposal by funding authority to close passenger network
- 28 Proposal to discontinue operation of secured network
- Discontinuance of use or operation of stations
- 29 Proposal by operator to close station
- 30 Proposal by funding authority to close station
- 31 Proposal to discontinue operation of secured station
- References to the ORR
- 32 References to the ORR
- 33 Closure requirements
- Excluded proposals
- 34 Minor modifications
- 35 Closures eligible to be treated as minor modifications
- 36 Designation of experimental passenger services
- 37 Discontinuance of experimental passenger services
- 38 Services, networks and stations excluded by order
- Substitution services
- 39 Quality contracts schemes in connection with service modifications
- 40 Substitute road services
- Supplemental provisions of Part
- 41 Proposals by funding authorities
- 42 Closures guidance
- 43 Procedure relating to publication and modification of closures guidance
- 44 Exclusion of liability for breach of statutory duty
- 45 Interpretation of Part 4
- Part 5 Further miscellaneous provisions
- Conduct and accessibility on railways
- 46 Bye-laws
- 47 Power of Scottish Ministers to make penalty fare regulations
- 48 Code of practice for disabled rail users in Scotland
- 48A. Code of practice for disabled rail users in Wales
- Railway administration orders for companies providing Scottish services
- 49 Functions of Scottish Ministers in relation to railway administration
- 50 Assistance by Scottish Ministers for companies in railway administration
- Duties of co-operation
- 51 ORR to assist and advise national authorities
- 52 Duty of Passenger Transport Executives to advise Secretary of State
- Part 6 General and supplemental
- General
- 53 Taxation
- 54 Further amendments of the 1993 Act
- Supplemental
- 55 Expenses etc.
- 56 Powers exercisable by statutory instrument
- 57 Meaning of “Wales-only service” and “Welsh service”
- 58 General interpretation
- 59 Consequential amendments, transitional provisions and repeals
- 60 Short title, commencement and extent
- SCHEDULES
- SCHEDULE 1 Transfer etc. of functions of the Strategic Rail Authority
- Part 1 Transfer and abolition of functions
- Transfer to ORR of consumer protection and other functions relating to licensing
- Transfers relating to the provision, improvement or development of railway facilities
- Transfer of functions relating to access agreements
- Transfer of functions relating to franchise agreements
- Transfer of functions as operator of last resort
- Transfer etc. of functions relating to enforcement
- Abolition of functions relating to railway administration orders
- Abolition of duty to investigate contravention of consumer protection conditions
- Transfer of function of maintaining code of practice for protection of disabled rail users
- Transfer of functions relating to maintenance of register
- Transfer of functions relating to the Passengers’ Council
- Transfer of power to require information from licence holders
- Abolition of functions relating to penalty fares
- Transfer of functions relating to concessionary travel
- Abolition of certain functions under the 2000 Act
- Part 2 Definitions for purposes of transfers to Scottish Ministers
- SCHEDULE 2 Transfer schemes
- Application and commencement of scheme
- Property, rights and liabilities that may be transferred
- Dividing and modifying transferor's property, rights and liabilities
- Obligation to effect transfers etc. under a scheme
- Effect of scheme
- Powers and duties under statutory provisions
- Supplementary provisions of schemes
- Modification of scheme by agreement
- Continuity of employment etc.
- Compensation for third parties
- Provision of information to person making scheme
- Interpretation
- SCHEDULE 3 Transfer of safety functions
- Railway safety purposes
- ORR's principal railway safety functions
- Removal of corresponding functions from HSC
- Reports and investigations
- ORR acting as agent of government departments and other public authorities
- Government departments and other public authorities acting as agent of ORR
- Restrictions on codes of practice by HSC
- Co-operation with the HSC
- Information powers corresponding to section 27 of the 1974 Act
- Railway safety levy
- Removal of requirement of consultation with HSC for railway safety regulations
- Regulatory Reform Act 2001
- Interpretation
- SCHEDULE 4 Reviews by ORR of access charges and licence conditions
- Introductory
- Conduct of access charges reviews
- Repeal of paragraph 3
- Implementation notice
- Termination notice
- New review notice following objections
- Information to be provided to Competition Commission in connection with reference
- Noticed of proposed relevant changes following Competition Commission report
- Notice of decisions by Competition Commission
- Information to be provided to Competition Commission with proposal for relevant changes
- Commencement of Schedule
- SCHEDULE 5 Passengers’ Council established by s. 19(1)
- Part 1 Introductory
- Part 2 Members and staff
- Remuneration etc. of members
- Staff
- Part 3 Finance
- Government grants
- Direction requiring payment to the Secretary of State
- Accounts and audit
- Part 4 Financial framework and information
- Financial framework
- Annual reports
- Information
- Part 5 Status and supplementary powers
- Status
- Supplementary powers
- Part 6 Procedure
- Regulation of procedure
- Admission of the public to meetings
- Local committees
- Execution of documents
- SCHEDULE 6 Functions retained by London Transport Users' Committee
- Members of LTUC to represent users of services in London railway area
- General duty of LTUC to keep railway matters under review
- Duty of LTUC to investigate matters
- Power of Secretary of State to exclude matters from duties of LTUC
- Duty of Rail Passengers' Council to refer matters to the LTUC
- SCHEDULE 7 Consultations under Part 4
- Introductory
- Newspaper notification
- Specific notification to particular persons
- Interpretation of Schedule
- SCHEDULE 8 Proposals to discontinue excluded London services
- Introductory
- Notice of proposal
- Objections etc.
- Consideration of objections and report to Mayor of London
- Consent of Mayor to closure
- SCHEDULE 9 Bye-laws by railway operators
- Introductory
- Penalties
- Confirmation
- Publicity for confirmed bye-laws
- Evidence
- Power to amend or vary
- SCHEDULE 10 Taxation provisions relating to transfer schemes
- Part 1 Transfers to a national authority under section 1(2) schemes
- Meaning of “relevant transfer” in Part 1 of Schedule
- Capital allowances: determination of disposal value of plant or machinery
- Capital allowances: determination of disposal value of fixtures
- Capital allowances: determination of capital value of industrial buildings etc.
- Chargeable gains: assets to be treated as disposed without a gain or a loss
- Continuity in relation to transfer of intangible assets
- Neutral effect of transfer for loan relationships and derivative contracts
- Leased assets
- Part 2 Other transfers under section 1(2) schemes
- Meaning of “relevant transfer” in Part 2 of Schedule
- Computation of profits and losses in respect of transfer of trade
- Trading losses: change in ownership
- Capital allowances: transfer of whole trade
- Capital allowances: transfer of part of a trade
- Capital allowances: transfer of plant or machinery
- Capital allowances: determination of capital value of industrial buildings etc.
- Chargeable gains: assets to be treated as disposed of without a gain or a loss
- Continuity in relation to transfer of intangible assets
- Continuity in relation to loan relationships
- Continuity in relation to derivative contracts
- Leased assets
- Part 3 Transfers under section 12 schemes
- Meaning of “relevant transfer” in Part 3 of Schedule
- Capital allowances: determination of disposal value of plant or machinery
- Capital allowances: determination of disposal value of fixtures
- Capital allowances: determination of capital value of industrial buildings etc.
- Chargeable gains: disposals not be treated as made at market value
- Chargeable gains: degrouping charges
- Chargeable gains: disposal of debts
- Loan relationships
- Part 4 Other provisions concerning transfers
- Stamp duty
- Stamp duty land tax
- Chargeable gains: value shifting
- Group relief
- Consequential amendment
- Part 5 Interpretation of Schedule
- SCHEDULE 11 Miscellaneous amendments of 1993 Act
- Introductory provision
- Licence conditions
- Access agreements
- Duties of provider of last resort
- Exclusion for liability for breach of statutory duty
- Purposes for which franchising functions may be exercised
- Orders for securing compliance
- Financial assistance from the Secretary of State to companies in railway administration
- Register kept by ORR
- Register kept by Secretary of State
- Purposes for which the Secretary of State may require information from licence holders
- General interpretation
- Competent authority status for the purposes of grants and loans under EU regulations
- Powers to make statutory instruments
- Restrictions on disclosure of information
- SCHEDULE 12 Other minor and consequential amendments
- Transport Act 1962 (c. 46)
- Transport Act 1968 (c. 73)
- Chronically Sick and Disabled Persons Act 1970 (c. 44)
- Fire Precautions Act 1971 (c. 40)
- Superannuation Act 1972 (c. 11)
- Level Crossings Act 1983 (c. 16)
- Telecommunications Act 1984 (c. 12)
- Transport Act 1985 (c. 67)
- Airports Act 1986 (c. 31)
- Water Industry Act 1991 (c. 56)
- Water Resources Act 1991 (c. 57)
- Deregulation and Contracting Out Act 1994 (c. 40)
- Railway Heritage Act 1996 (c. 42)
- Greater London Authority Act 1999 (c. 29)
- Postal Services Act 2000 (c. 26)
- Utilities Act 2000 (c. 27)
- Transport Act 2000 (c. 38)
- Enterprise Act 2002 (c. 40)
- SCHEDULE 13 Repeals
- Part 1 Repealed enactments
- Part 2 Savings
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