Office of Public Sector Information
PART 4 continued
(2) Where—
(a) an experimental passenger service is provided otherwise than in satisfaction of requirements imposed by a franchise agreement, and
(b) the person providing the service proposes to discontinue it,
that person must give notice of his proposal and must not discontinue the service before the end of the notice period.
(3) The notice required to be given under this section is a notice which—
(a) sets out the details of the proposed discontinuance; and
(b) is published in the required manner.
(4) A notice is published in the required manner if it is published, in two successive weeks—
(a) in a local newspaper circulating in the area affected by the proposal;
(b) in two national newspapers; and
(c) in such other manner as appears to the person giving the notice to be appropriate.
(5) A person giving notice of a proposed discontinuance under subsection (2) must send to the Office of Rail Regulation a copy of the notice published under subsection (3)(b).
(6) In this section “the notice period”, in relation to a proposal to discontinue a service, means the period of six weeks after the notice of that proposal has been published in the required manner.
(7) For the purposes of subsection (4)(a) the area affected by a proposal to discontinue an experimental passenger service is the area in which is situated the line or station in relation to which the service is designated as experimental.
(8) For the purposes of subsection (4)(b) 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.
(1) The national authority may by order—
(a) exclude a railway passenger service, or all railway passenger services of a specified description, from the application of any one or more of sections 22 to 24;
(b) exclude a network or part of a network, or all networks or parts of them of a specified description, from the application of any one or more of sections 26 to 28;
(c) exclude a station or part of a station, or all stations or parts them of a specified description, from the application of any one or more of sections 29 to 31.
(2) In subsection (1) “the national authority”—
(a) as respects a railway passenger service which is—
(i) a Scotland-only service, or
(ii) a cross-border service in relation to which so much of the funding as is provided by a railway funding authority is funding provided by the Scottish Ministers,
means those Ministers;
(b) as respects a network or station, or part of a network or station, that is wholly in Scotland, means the Scottish Ministers; and
(c) as respects any other railway passenger service, network or station, or part of a network or station, means the Secretary of State.
(3) An order under this section is subject to the negative resolution procedure.
(4) Where any order under section 49(2), (4) or (5) of the 1993 Act (exclusions from closure procedures under that Act) is in force immediately before the commencement of this section, that order shall have effect after the commencement of this section—
(a) in the case of an order under section 49(2), as an order under this section excluding the services to which it applies from sections 22 to 24 of this Act;
(b) in the case of an order under section 49(4), as an order under this section excluding the networks, or parts of networks, to which it applies from sections 26 to 28; and
(c) in the case of an order under section 49(5), as an order under this section excluding any stations, or parts of stations, to which it applies from sections 29 to 31.
(1) After subsection (1) of section 124 of the 2000 Act insert—
“(1A) A Passenger Transport Authority, or a Passenger Transport Authority jointly with one or more other local transport authorities, may also make a quality contracts scheme covering the whole or part of their area or combined area if they are satisfied—
(a) that making a quality contracts scheme is an appropriate way of securing that the transport needs of the potential users of a relevant railway service that has been or is to be reduced or discontinued are met;
(b) that the making of the scheme will contribute, in an appropriate way, to meeting the transport needs of other persons living, working or studying in the localities served by that service;
(c) that the scheme is compatible with the local transport plan of the Passenger Transport Authority who make the scheme or (as the case may be) of each of the authorities who join in making the scheme; and
(d) that the scheme will meet the needs of the persons mentioned in paragraphs (a) and (b) in a way which is economic, efficient and effective.
(1B) A local transport authority may join in making a scheme under subsection (1A) by reference to the reduction or discontinuance of a railway passenger service only if—
(a) they are the Passenger Transport Authority, or one of the Passenger Transport Authorities, by reference to which that service is a relevant railway service in relation to the scheme;
(b) the relevant railway service by reference to which the scheme is made is or was operating in the authority’s area; or
(c) the persons who live, work or study in localities served by that service include persons living, working or studying in that area.”
(2) After subsection (9) of that section insert—
“(10) In subsection (1A) the references to a local transport plan, in the case of a local transport authority not having a local transport plan, are references to the policies developed by that authority under section 108(1)(a).
(11) In this section “relevant railway service”—
(a) in relation to a scheme made by a single Passenger Transport Authority acting alone, means—
(i) a railway passenger service operating entirely within the area of that Authority; or
(ii) the part of a railway passenger service so operating;
(b) in relation to a scheme made jointly by more than one local transport authority, means—
(i) a railway passenger service operating wholly or primarily within the area of a Passenger Transport Authority who join in making the scheme;
(ii) a railway passenger service operating wholly or primarily within the combined area of two or more Passenger Transport Authorities who join in making the scheme; or
(iii) the part of a railway passenger service operating as mentioned in sub-paragraph (i) or (ii).
(12) In this section—
“potential users”, in relation to a relevant railway service, means persons who (but for the reduction or discontinuance of the service) would have made use of it; and
“railway passenger service” has the same meaning as in the Railways Act 1993 (c. 43) (see section 83(1) of that Act).
(13) For the purposes of references in this section to where a railway passenger service or part of such a service operates—
(a) a service shall be treated as operating at each of the places where stops are made at stations for the purpose of allowing passengers to join or leave the service; and
(b) a part of a service is any part of that service so far as it operates at any one or more of those places.”
(3) In section 126(4) of that Act (approval of scheme), after “section 124(1)” insert “or (as the case may be) paragraphs (a) to (d) of section 124(1A)”.
(4) In section 132 of that Act (variation of scheme)—
(a) in subsection (2), for “paragraphs (a) and (b) of section 124(1)” substitute “subsection (1)(a) and (b) of section 124 or those set out in subsection (1A)(a) to (d) of that section”;
(b) in subsection (3) and (4), for “those conditions”, in each place, substitute “the relevant conditions”; and
(c) after subsection (4) insert the subsection set out in subsection (5) of this section.
(5) The subsection inserted after section 132(4) of that Act is—
“(4A) In subsections (3) and (4) “the relevant conditions” means—
(a) in the case of a scheme made under section 124(1) and not subsequently varied under subsection (1)(a) of this section, the conditions set out in section 124(1)(a) and (b);
(b) in the case of a scheme made under section 124(1A) and not subsequently varied under subsection (1)(a) of this section, the conditions set out in section 124(1A)(a) to (d); and
(c) in the case of a scheme that has been varied under subsection (1)(a) of this section, the conditions by reference to which it was last so varied.”
(1) Where a railway passenger service—
(a) is temporarily interrupted, or
(b) has been discontinued,
the appropriate national authority may secure the provision of a substitute service for the carriage of passengers by road by means of public service vehicles or private hire vehicles.
(2) Where a railway passenger service has been temporarily interrupted, the route and stopping places of the substitute service need not correspond precisely to those of the interrupted service if it is not practicable for them to do so.
(3) Where a railway passenger service has been discontinued, the route and stopping places of the substitute service need not correspond precisely to those of the discontinued service if—
(a) it is not practicable for them to do so; or
(b) the substitute service broadly corresponds to the discontinued service in terms of the localities served.
(4) For the purposes of this section the appropriate national authority is—
(a) in a case where the railway passenger service that is interrupted or discontinued is a service beginning or ending in England or otherwise making at least one scheduled call in England, the Secretary of State;
(b) in a case where that railway passenger service is a relevant Scottish passenger service, the Scottish Ministers;
(c) and in the case where that railway passenger service is a Wales-only service or is secured by the National Assembly for Wales, that Assembly;
and where in any case there is more than one appropriate national authority they shall each have the powers conferred by this section.
(5) In this section a “relevant Scottish passenger service” is—
(a) a railway passenger service provided under a Scottish franchise agreement; or
(b) a railway passenger service not falling within paragraph (a) which is a Scotland-only service or (without being such a service) is a service the provision of which is secured by the Scottish Ministers.
(6) In this section “private hire vehicles” means—
(a) vehicles licensed under section 37 of the Town Police Clauses Act 1847 (c. 89), section 6 of the Metropolitan Public Carriage Act 1869 (c. 115), section 48 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) or section 7 of the Private Hire Vehicles (London) Act 1998 (c. 34) or under any similar enactment; or
(b) taxis or private hire cars licensed under section 10 of the Civic Government (Scotland) Act 1982 (c. 45).
(7) In this section—
“public service vehicles” has the meaning given by section 1 of the Public Passenger Vehicles Act 1981 (c. 14); and
“stopping place”, in relation to a service, means a place at which a service makes a stop for the purposes of allowing passengers to join or leave the service.
(1) A railway funding authority may make a proposal—
(a) for the discontinuance of a railway passenger service,
(b) for the discontinuance of the operation of a network or part of a network, or
(c) for the discontinuance of the operation of a station or part of a station,
if, and only if, the requirements of subsection (3), (4) or (5) are satisfied.
(2) The requirements of subsection (3) apply to the making of such a proposal by a railway funding authority other than a Passenger Transport Executive, the Mayor of London or Transport for London.
(3) The requirements of this subsection are—
(a) that the proposal is made in association with another proposal by the authority;
(b) that the other proposal relates to any agreement or other arrangements to which the authority is a party and which relate to the provision of financial assistance in connection with the service or the operation or use of the network or station; and
(c) that it appears to the authority that the other proposal would have an effect which is reasonably likely to create or contribute to a need for the service to be discontinued or the operation or use of the network or station to be discontinued.
(4) The requirements of this subsection apply in relation to the making of a proposal by a Passenger Transport Executive and are—
(a) that no funding in relation to a service or, as the case may be, network or station, or part of a network or station, to which the proposal relates is provided by a railway funding authority other than the Passenger Transport Executive; or
(b) that—
(i) every service to which the proposal relates operates entirely within their area; and
(ii) every network or station, or part of a network or station, to which the proposal relates is wholly in their area.
(5) The requirements of this subsection apply in relation to the making of a proposal by the Mayor of London or Transport for London and are—
(a) that no funding in relation to a service or (as the case may be) network or station, or part of a network or station, to which the proposal relates is provided by a railway funding authority other than the Mayor of London or Transport for London; or
(b) that—
(i) every service to which the proposal relates operates entirely within Greater London; and
(ii) every network or station, or part of a network or station, to which the proposal relates is wholly in Greater London.
(6) The arrangements referred to in subsection (3)(b) include arrangements between the railway funding authority in question and another such authority.
(7) For the purposes of subsections (4) and (5) a service operates entirely within an area if it starts and ends in that area and does not make any other scheduled calls outside that area.
(1) It shall be the duty of the Scottish Ministers to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to—
(a) proposals to discontinue any Scotland-only service or services;
(b) proposals to discontinue any cross-border service or services in relation to which no funding is provided by a railway funding authority other than the Scottish Ministers;
(c) proposals to discontinue the operation of a network or part of a network that is wholly in Scotland; or
(d) proposals to discontinue the use or operation of any station or part of a station that is wholly in Scotland.
(2) It shall be the duty of the Scottish Ministers acting jointly with the Secretary of State or the National Assembly for Wales, or both of them, to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to proposals to discontinue any cross-border services in relation to which, as the case may be—
(a) the Secretary of State provides funding;
(b) the National Assembly for Wales provides funding; or
(c) both of them provide funding.
(3) It shall be the duty of the Secretary of State acting jointly with the National Assembly for Wales to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to—
(a) proposals to discontinue any Welsh service or services;
(b) proposals to discontinue the operation of a network or part of a network that is wholly in Wales; or
(c) proposals to discontinue the use or operation of any station or part of a station that is wholly in Wales.
(4) It shall be the duty of the Secretary of State to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to proposals as respects which none of the preceding subsections imposes any duty.
(5) Guidance published under this section may include different provision for different descriptions of proposals and for different purposes.
(6) A person who is under a duty to publish guidance under this section may from time to time—
(a) modify the guidance; and
(b) publish revised guidance.
(7) Before publishing or modifying any guidance under this section the person with the duty of publishing the guidance must consult—
(a) such persons operating railway passenger services, networks and stations that are affected by the proposed guidance as he thinks appropriate; and
(b) such other persons as he thinks appropriate.
(8) For the purposes of subsection (7) a railway passenger service, network or station is affected by proposed guidance if the proposed guidance would have effect in relation to a proposal relating to that service, network or station.
(1) The Secretary of State must lay before each House of Parliament a copy of any guidance or revised guidance, or modifications of guidance, which he publishes or makes (whether or not jointly with any other person) under section 42.
(2) The Scottish Ministers must lay before the Scottish Parliament a copy of any guidance or revised guidance, or modifications of guidance, which they publish or make (whether or not jointly with any other person) under that section.
(3) Any guidance or revised guidance published under section 42 is to have effect, and any modifications of guidance made under that section are to have effect, in accordance with an order made—
(a) if subsection (1) applies in relation to the guidance or modifications, by the Secretary of State;
(b) if subsection (2) applies in relation to the guidance or modifications, by the Scottish Ministers; and
(c) if both subsections (1) and (2) apply in relation to the guidance or modifications, jointly by the Secretary of State and the Scottish Ministers.
(4) An order under subsection (3) which relates to guidance or revised guidance published, or modifications of guidance made, by the National Assembly for Wales jointly with the Secretary of State or the Scottish Ministers, or both of them, may be made only with the consent of the National Assembly for Wales.
(5) An order under subsection (3) is subject to the negative resolution procedure.
(6) If a statutory instrument containing an order under subsection (3) is annulled—
(a) the guidance or revised guidance, or modifications of guidance, to which it relates is, or are, treated as having been withdrawn; and
(b) where revised guidance or modifications is or are so withdrawn, any guidance published under section 42 which had effect before the publication of the revised guidance or the making of the modifications is to continue to have effect.
(7) The withdrawal of guidance or revised guidance or modifications of guidance under subsection (6)—
(a) does not affect anything done in consequence of the guidance before the withdrawal; and
(b) does not preclude the publication of further guidance or revised guidance or the making of further modifications.
(1) Subject to section 57 of the 1993 Act (validity and effect of final and provisional orders under section 55 of that Act), the obligations specified in subsection (2) shall not give rise to any form of duty or liability enforceable by civil proceedings for breach of statutory duty.
(2) Those obligations are—
(a) any obligation of a person under section 22(8) not to discontinue a railway passenger service;
(b) any obligation of a person under section 26(8) not to discontinue the operation of a network or part of a network;
(c) any obligation of a person under section 29(8) not to discontinue the use of a station or part of a station;
(d) any obligation of a person to comply with a requirement imposed under section 33(2) ;
(e) any obligation of a person to comply with conditions to which he has agreed under section 34(5) ;
(f) any obligation of a person under section 37(2) not to discontinue an experimental passenger service;
(g) any obligation of the Secretary of State or the Scottish Ministers under this Part to secure the provision of a railway passenger service, network or station or of a part of a network or station.
(1) In this Part—
“closure” means—
the discontinuance of a railway passenger service or of railway passenger services;
the discontinuance of the operation of the whole or a part of a network; or
the discontinuance of the use or operation of the whole or a part of a station;
“closure non-ratification notice” is to be construed in accordance with section 32(7);
“closure ratification notice” is to be construed in accordance with section 32(8);
“closures guidance” means the guidance published under section 42, and references to the relevant part of the closures guidance are to be construed in accordance with subsection (2);
“the end of the interim period” is to be construed in accordance with subsection (3);
“excluded proposal” is to be construed in accordance with section 38;
“experimental passenger service” means a railway passenger service which, before its introduction, was designated under section 36 as experimental;
“proposal date”, in relation to a proposal for the discontinuance of any service or services, or any network or station or part of a network or station, means the date after which, according to the proposal, the service or services will no longer be provided or, as the case may be, the operation or use of the network or station or part of a network or station will be discontinued;
“railway funding authority” means—
the Secretary of State;
the Scottish Ministers;
the National Assembly for Wales;
a Passenger Transport Executive;
the Mayor of London;
Transport for London;
a person designated as such an authority by an order under subsection (4);
“secured service” means a service which is provided by or on behalf of the Secretary of State or the Scottish Ministers under—
section 30 of the 1993 Act;
section 22(9), 23(7) or 24(7) or (8) of this Act; or
a requirement imposed under section 33(2) of this Act;
“secured”, in relation to a network or station, or a part of a network or station, means provided on behalf of the Secretary of State or the Scottish Ministers under—
section 26(9), 27(7) or 28(6) or (7) of this Act (networks);
section 29(9), 30(7) or 31(6) or (7) of this Act (stations); or
a requirement imposed under section 33(2) of this Act.
(2) In this Part “the relevant part of the closures guidance”—
(a) in relation to a proposal to discontinue any railway passenger service or services, means the part of the closures guidance relating to the discontinuance of any such services that is applicable to that proposal;
(b) in relation to a proposal to discontinue the operation of a network or part of a network, means the part of the closures guidance relating to the discontinuance of the operation of networks or parts of networks that is applicable to that proposal; and
(c) in relation to a proposal to discontinue the use or operation of a station or part of a station, means the part of the closures guidance relating to the discontinuance of the use or operation of such stations or parts of such stations that is applicable to that proposal.
(3) For the purposes of this Part the interim period, in relation to a proposal for the discontinuance of any service or services, or any network or station or part of a network or station, is a period ending—
(a) in a case where the national authority forms the opinion in accordance with the criteria set out in the relevant part of the closures guidance that the proposal should not be allowed, with the proposal date; and
(b) otherwise, as the case may be—
(i) with the date on which notification is given to the person who made the proposal that the national authority has changed its opinion with respect to the proposal;
(ii) with the withdrawal of the proposal; or
(iii) four weeks after the date on which a closure ratification notice or closure non-ratification notice is issued by the Office of Rail Regulation on any reference to it relating to the proposal.
(4) The appropriate authority may by order designate a person as a railway funding authority if—
(a) that person is a person on whom functions are conferred by or under any enactment; and
(b) the appropriate authority is satisfied that that person, in the carrying out of those functions, provides financial assistance for purposes that are connected with railways or the provision of railway services.
(5) In subsection (4), “appropriate authority”—
(a) in relation to a person who provides no financial assistance for purposes mentioned in subsection (4)(b) other than—
(i) funding in relation to the provision of Scotland-only services,
(ii) Scottish majority funding in relation to cross-border services, or
(iii) funding in relation to the operation or use of a network or station, or part of a network or station, that is wholly in Scotland,
means the Scottish Ministers;
(b) in any other case, means the Secretary of State.
(6) For the purposes of subsection (5)(a)(ii), a person provides Scottish majority funding in relation to particular services if—
(a) the person is—
(i) a body established by or under an Act of the Scottish Parliament; or
(ii) a body which has its principal office in Scotland; and
(b) in relation to those services, the person provides more funding than is provided in aggregate by railway funding authorities.
(7) An order under subsection (4) is subject to the negative resolution procedure.
(8) In subsection (4)(a), “enactment” includes an enactment contained in an Act of the Scottish Parliament.
(9) In this Part references to financial assistance include references to each of the following—
(a) the making of grants or loans;
(b) the giving of guarantees; and
(c) investments in bodies corporate.
Railways Act 2005