Railways Act 1993
1993 c. 43 · Enacted 5 November 1993 · Extends to United Kingdom
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C2C3
Contents
- Part I: The Provision of Railway Services
- Introductory
- 1The Rail Regulator. . .. Repealed
- 2Passengers’ Committees. Repealed
- 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 4General duties of the Secretary of State and the Office of Rail and Road
- 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Licensing of operators of railway assets
- 6Prohibition on unauthorised operators of railway assets.
- 7Exemptions from section 6.
- 7AConsumer protection conditions. Repealed
- 8Licences.
- 9Conditions of licences: general.
- 10Conditions of licences: activities carried on by virtue of a licence exemption.
- 11Assignment of licences.
- Modification of licences
- 12Modification by agreement.
- 13Modification references to the CMA
- 13AReferences under section 13: time limits
- 13BReferences under section 13: application of Enterprise Act 2002
- 14Reports on modification references.
- 15Modification following report.
- 15ACMA's power to veto modifications following report.
- 15BMaking of modifications by CMA .
- 15CSections 15A and 15B: supplementary.
- 16Modification by order under other enactments.
- Directions to provide, improve or develop railway facilities
- 16AProvision, improvement and development of railway facilities.
- 16BExemption of railway facilities from section 16A.
- 16CMaking of applications for directions.
- 16DProcedure for considering applications.
- 16EDecisions on applications: adequate reward.
- 16FOther provisions about decisions.
- 16GDirections: compliance, variation and revocation.
- 16HCode of practice.
- 16ISupplementary.
- Access agreements
- 17Access agreements: directions requiring facility owners to enter into contracts for the use of their railway facilities.
- 18Access agreements: contracts requiring the approval of the Office of Rail and Road.
- 19Access agreements: contracts for the use, on behalf of the Secretary of State, of installations comprised in a network.
- 19AReview of access charges by the Office of Rail and Road.
- 20Exemption of railway facilities from sections 17 , 18 and 22A.
- 21Model clauses for access contracts.
- 22Amendment of access agreements.
- 22ADirections to require amendment permitting more extensive use.
- 22BApplications for directions under section 22A: procedure.
- 22CAmendment: supplementary.
- Provision of passenger services
- 23Designation of passenger services.
- 24Exemption of passenger services from section 23(1).
- 24A... Exemptions granted by Secretary of State or Welsh Ministers: operator agreements
- 25AProhibition on franchise extensions and new franchises
- 26BNo adequate tenders for franchise.
- 26CReview of directions.
- 27Transfer of franchise assets and shares.
- 28Fares and approved discount fare schemes.
- 29Other terms and conditions of franchise agreements.
- 30Public sector provision of services.
- 30ATemporary continuation of existing franchises
- 30BAgreements and extensions under section 30A
- 30CSections 30 to 30B: supplementary
- 31Leases granted in pursuance of franchise agreements: no security of tenure.
- Passenger Transport Authorities and Executives
- 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 34Passenger Transport Authorities and Executives: franchising. Repealed
- 35Termination and variation of section 20(2) agreements by the Authority. Repealed
- 36Miscellaneous amendments of the Transport Act 1968.
- Closures
- 37Proposals to discontinue non-franchised etc. passenger services. Repealed
- 38Proposals to discontinue franchised etc. passenger services. Repealed
- 39Notification of proposals to close operational passenger networks. Repealed
- 40Proposals to close passenger networks operated on behalf of theAuthority. Repealed
- 41Notification of proposals to close railway facilities used in connection with passenger services. Repealed
- 42Proposals to close passenger railway facilities operated on behalf of the Authority. Repealed
- 43Notification to, and functions of, theSecretary of State and the relevantRail Passengers Committees. Repealed
- 44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 45Closure conditions: general. Repealed
- 46Variation of closure conditions. Repealed
- 46AGeneral determinations of minor closures. Repealed
- 46BNotification of minor closures to Regulator. Repealed
- 47Withdrawal of bus substitution service. Repealed
- 47AObjections to withdrawal of bus substitution service. Repealed
- 47BRevocation or variation of bus substitution conditions. Repealed
- 48Experimental railway passenger services. Repealed
- 49Abolition of former closure procedures, exemptions from new procedures and imposition of alternative procedure. Repealed
- 50Exclusion of liability for breach of statutory duty.
- Supplementary powers of the Franchising Director etc.
- 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 54Exercise of functions for purpose of encouraging investment in the railways.
- Enforcement by the Office of Rail and Road and the Authority
- 55Orders for securing compliance.
- 56Procedural requirements for section 55 orders.
- 57Validity and effect of section 55 orders.
- 57APenalties.
- 57BStatement of policy.
- 57CProcedural requirements for penalties.
- 57DTime limits.
- 57EInterest and payment of instalments.
- 57FValidity and effect of penalties.
- 58Power to require information etc for purposes of sections 55 and 57A.
- Railway administration orders, winding up and insolvency
- 59Meaning and effect of railway administration order.
- 60Railway administration orders made on special petitions.
- 61Restriction on making winding-up order in respect of protected railway company.
- 62Restrictions on voluntary winding up and insolvency proceedings in the case of protected railway companies.
- 63Government financial assistance where railway administration orders made.
- 64Guarantees under section 63.
- 64AFinancial assistance by Scottish Ministers or Welsh Ministers
- 65Meaning of “company" and application of provisions to unregistered, foreign and other companies.
- Consumer protection
- 66Amendments of the Fair Trading Act 1973.
- 67Competition functions of the Office of Rail and Road
- Other functions of the Office of Rail and Road
- 68Investigatory functions.
- 69General functions.
- 70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 71Publication of information and advice.
- Other functions of the Authority
- 71AInvestigatory functions. Repealed
- 71BCode 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
- 72Keeping of register by the Office of Rail and Road.
- 73Keeping of register by the Secretary of State.
- 73AKeeping of register by the Scottish Ministers
- 73BKeeping of register by the Welsh Ministers
- 74Annual and other reports of the Office of Rail and Road.
- 75Annual reports of the Franchising Director. Repealed
- The Passengers’ Council and Rail Passengers’ Committees
- 76General railway duties of Passengers’ Council .
- 76ADelegation of duties under section 76(7A)
- 77General duties of Rail Passengers’ Committees. Repealed
- 78Functions under section 56 of the Transport Act 1962.
- 79Annual reports by the Rail Passengers’ Council and the Rail Passengers’ Committees. Repealed
- Information
- 80Duty 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
- 81Meaning of “railway".
- 82Meaning of “railway services" etc.
- 83Interpretation of Part I.
- Part II: Re-organisation of the Railways
- New companies, transfer schemes and disposals
- 84Powers of the Board to form companies.
- 85Powers of the Board to make transfer schemes.
- 86Powers of the Franchising Director to make transfer schemes.
- 87Transfer to the Secretary of State or the Franchising Director of the Board’s function of making transfer schemes.
- 88Transfers of interests in certain companies: provisions supplemental to sections 84 to 87.
- 89Disposals by the Board and its subsidiaries.
- 90Directions to the Board about the exercise of rights conferred by holdings in companies.
- Transfer schemes: supplemental provision
- 91Transfer schemes: general.
- 92Functions under local or private legislation etc.
- 93Assignment of employees to particular parts of undertakings.
- 94Accounting provisions.
- 95Power of the Secretary of State or the Franchising Director to require provision of information in connection with transfer schemes.
- 96Functions of the Secretary of State in relation to transfer schemes.
- 97Supplementary provisions as to transfers by transfer scheme.
- Ownership of successor companies
- 98Initial share holding in successor companies.
- 99Government investment in securities of successor companies.
- 100Exercise of functions through nominees.
- 101Target investment limit for Government shareholding in certain successor companies.
- Finances of successor companies
- 102Temporary restrictions on borrowings etc.
- 103Government lending to certain successor companies.
- 104Treasury guarantees for loans made to certain successor companies.
- 105Grants to certain successor companies.
- 106Extinguishment of certain liabilities of successor companies.
- Provisions with respect to flotation
- 107Responsibility for composite listing particulars of certain licensed successor companies.
- 108Application of Trustee Investments Act 1961 in relation to investment in certain licensed successor companies.
- Other financial provisions
- 109Grants to the Board.
- 110Application of sections 19 to 21A of the Transport Act 1962 to wholly owned subsidiaries of the Board.
- 111Financial limits on loans.
- Stamp duty and stamp duty reserve tax
- 112Stamp duty and stamp duty reserve tax.
- Supplemental
- 113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 114The Secretary of State, the Franchising Director and the Board not to be regarded as shadow directors of certain railway companies etc.
- 115Parliamentary disqualification.
- 116Interpretation of Part II.
- Part III: Miscellaneous, General and Supplemental Provisions
- Safety, emergencies, security etc.
- 117Safety of railways and other guided transport systems.
- 118Control of railways in time of hostilities, severe international tension or great national emergency.
- 119Security: power of Secretary of State to give instructions.
- 120Security: enforcement notices.
- 121Security: inspections.
- 121ARailway security services: approved providers
- Statutory authority
- 122Statutory authority as a defence to actions in nuisance etc.
- Miscellaneous and general
- 123No person to be common carrier by railway.
- 124Carriage of mail by railway.
- 125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 129Bye-laws. Repealed
- 130Penalty fares.
- 131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Transport police
- 132Schemes for the organisation etc. of transport police. Repealed
- 133Terms and conditions of employment of transport police. Repealed
- Pensions and other benefits
- 134Pensions.
- 135Concessionary travel for railway staff etc.
- Financial provisions
- 136Grants and subsidies.
- 137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 138Grants and other payments towards facilities for public passenger transport to and from airports, harbours etc.
- 139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 142General financial provisions.
- Supplemental
- 143Regulations and orders.
- 144Directions.
- 145General restrictions on disclosure of information.
- 146Making of false statements etc.
- 147Offences by bodies corporate or Scottish partnerships.
- 148Proceedings in Scotland.
- 149Service of documents.
- 149AService of documents under sections 118 to 120: additional provisions
- 150Crown application.
- 151General interpretation.
- 152Minor and consequential amendments, transitional provisions and repeals.
- 153Power to make consequential modifications in other Acts etc.
- 154Short title, commencement and extent.
- Schedule 1
- Remuneration, pensions etc.
- 1Paragraph 1
- Staff
- 2Paragraph 2
- Expenses of the Regulator, . . . and . . . staff
- 3Paragraph 3
- Official seal
- 4Paragraph 4
- Performance of functions
- 5Paragraph 5
- Documentary evidence
- 6Paragraph 6
- The Parliamentary Commissioner
- 7Paragraph 7
- Parliamentary disqualification etc.
- 8Paragraph 8
- Schedule 2: Rail Passengerscommittees
- Preliminary
- 1Paragraph 1 Repealed
- Remuneration of, and allowances for, members
- 2Paragraph 2
- 2AParagraph 2A
- Allowances for other members
- 3Paragraph 3 Repealed
- Administration etc.
- 4Paragraph 4
- Proceedings
- 5Paragraph 5
- Admission of public to meetings
- 6Paragraph 6
- Sub-committees
- 7Paragraph 7
- Financial provisions
- 8Paragraph 8
- Amendment of other Acts
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- Schedule 3: The Rail Passengers’ Council
- Preliminary
- 1Paragraph 1 Repealed
- Remuneration of, and allowances for, members
- 2Paragraph 2
- Allowances for other members
- 3Paragraph 3 Repealed
- Administration etc.
- 4Paragraph 4
- Proceedings
- 5Paragraph 5
- Admission of public to meetings
- 6Paragraph 6
- Sub-committees
- 7Paragraph 7
- Financial provisions
- 8Paragraph 8
- Amendment of other Acts
- 9Paragraph 9 Repealed
- Schedule 4: Access agreements: applications for access contracts
- Interpretation
- 1Paragraph 1
- Making and withdrawal of application
- 2Paragraph 2
- Notifications, representations and information
- 3Paragraph 3
- Interested persons
- 4Paragraph 4
- The decision and the directions
- 5Paragraph 5
- Effect of directions on facility owner and interested persons
- 6Paragraph 6
- Financial provision
- 7Paragraph 7 Repealed
- Schedule 4A: Review of access charges by the Office of Rail and Road
- Application of Schedule
- 1Paragraph 1
- Scope of review
- 1AParagraph 1A
- Response to request to carry out review
- 1BParagraph 1B
- Notice of access charges review
- 1CParagraph 1C
- Duty to notify ORR about desired outputs and finances
- 1DParagraph 1D
- Suggestions about future reviews
- 1EParagraph 1E
- Revision of outputs and financial information
- 1FParagraph 1F
- Notification of likely adverse effect on interests of certain providers of railway services
- 1GParagraph 1G
- Duty to have regard to information about desired outputs and finances etc.
- 1HParagraph 1H
- Main provisions
- 2Paragraph 2
- 3Paragraph 3 Repealed
- Review notice
- 4Paragraph 4
- Notice of agreement
- 5Paragraph 5
- Termination notice
- 6Paragraph 6
- Review implementation notice
- 7Paragraph 7
- New review notice or reference to CMA
- 8Paragraph 8
- Reference to CMA
- 9Paragraph 9
- References under paragraph 9: time limits
- 10Paragraph 10 Repealed
- References under paragraph 9: application of Enterprise Act 2002
- 10AParagraph 10A
- Report on reference
- 11Paragraph 11
- Changes following report
- 12Paragraph 12
- CMA's power to veto changes
- 13Paragraph 13
- Making of changes by CMA
- 14Paragraph 14
- Paragraphs 13 and 14: supplementary
- 15Paragraph 15
- Termination notice in response to proposals after reference
- 16Paragraph 16
- Schedule 5
- Application of Schedule
- 1Paragraph 1
- Notice of proposed closure
- 2Paragraph 2
- Objections
- 3Paragraph 3
- Publication of consent at stations
- 3AParagraph 3A
- Conditions
- 4Paragraph 4
- Functions of the consultative Rail Passengers’ Committee
- 5Paragraph 5
- Qualifying services in and around Greater London
- 5AParagraph 5A
- Interpretation
- 6Paragraph 6
- Schedule 6: Railway administration orders
- Part I: Modifications of the 1986 Act
- General application of provisions of 1986 Act
- 1Paragraph 1
- Effect of order
- 2Paragraph 2
- Appointment of special railway administrator
- 3Paragraph 3
- General powers of special railway administrator
- 4Paragraph 4
- Power to deal with charged property
- 5Paragraph 5
- Duties of special railway administrator
- 6Paragraph 6
- Discharge of order
- 7Paragraph 7
- Notice of making of order
- 8Paragraph 8
- Statement of proposals
- 9Paragraph 9
- Applications to court
- 10Paragraph 10
- Particular powers of special railway administrator
- 11Paragraph 11
- Part II: Further modifications of the 1986 Act: application in relation to foreign companies
- Introductory
- 12Paragraph 12
- Effect of order
- 13Paragraph 13
- Notification of order
- 14Paragraph 14
- General powers of special railway administrator
- 15Paragraph 15
- Power to deal with charged property
- 16Paragraph 16
- Duties of special railway administrator
- 17Paragraph 17
- Statement as to company’s affairs
- 18Paragraph 18
- Particular powers of special railway administrator
- 19Paragraph 19
- Part III: Supplemental
- General adaptations and saving
- 20Paragraph 20
- Interpretation
- 21Paragraph 21
- Schedule 7: Transfer of relevant activities in connection with railway administration orders
- Application of Schedule
- 1Paragraph 1
- Making and modification of transfer schemes
- 2Paragraph 2
- Transfers by scheme
- 3Paragraph 3
- Transfer of licences
- 4Paragraph 4
- Supplemental provisions of schemes
- 5Paragraph 5
- Duties of existing appointee after the scheme comes into force
- 6Paragraph 6
- Functions under private and local legislation etc.
- 7Paragraph 7
- Schedule 8: Transfers by transfer scheme
- Allocation of property, rights and liabilities
- 1Paragraph 1
- 2Paragraph 2
- Variation of transfers by agreement
- 3Paragraph 3
- Right to production of documents of title
- 4Paragraph 4
- Perfection of vesting of foreign property, rights and liabilities
- 5Paragraph 5
- Proof of title by certificate
- 6Paragraph 6
- Restrictions on dealing with certain land
- 7Paragraph 7
- Construction of agreements, statutory provisions and documents
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Third parties affected by vesting provisions
- 14Paragraph 14
- Interpretation
- 15Paragraph 15
- Schedule 9: Stamp duty and stamp duty reserve tax
- Interpretation
- 1Paragraph 1
- Stamp duty
- 2Paragraph 2
- Stamp duty reserve tax
- 3Paragraph 3
- Schedule 10
- The British Transport Commission Act 1949
- 1Paragraph 1
- 2Paragraph 2
- The Transport Act 1962
- 3Paragraph 3
- Schedule 11: Pensions
- Interpretation
- 1Paragraph 1
- Establishment of new schemes
- 2Paragraph 2
- Amendment of existing schemes
- 3Paragraph 3
- Transfer of pension rights and corresponding assets and liabilities
- 4Paragraph 4
- Protection of pension rights: meaning of “protected person"
- 5Paragraph 5
- The powers of protection
- 6Paragraph 6
- Protection: supplementary provisions
- 7Paragraph 7
- Entitlement to participate in the joint industry scheme
- 8Paragraph 8
- Payments in discharge of liabilities under s.52(1) of the Transport Act 1980
- 9Paragraph 9
- Application and modification of Part III of the 1980 Act
- 10Paragraph 10
- Government guarantees to trustees of certain new schemes
- 11Paragraph 11
- Supplementary
- 12Paragraph 12
- Parliamentary procedure
- 13Paragraph 13
- Transitory provision
- 14Paragraph 14
- Schedule 12: Minor and consequential amendments
- The Regulation of Railways Act 1889
- 1Paragraph 1
- The Railway Fires Act 1905
- 2Paragraph 2
- The Railway Fires Act (1905) Amendment Act 1923
- 3Paragraph 3
- The British Transport Commission Act 1950
- 4Paragraph 4
- The Transport Act 1962
- 5Paragraph 5
- The Transport Act 1968
- 6Paragraph 6
- The Fair Trading Act 1973
- 7Paragraph 7 Repealed
- The Consumer Credit Act 1974
- 8Paragraph 8 Repealed
- The Railways Act 1974
- 9Paragraph 9
- The Restrictive Trade Practices Act 1976
- 10Paragraph 10
- The Estate Agents Act 1979
- 11Paragraph 11 Repealed
- The Competition Act 1980
- 12Paragraph 12
- The Telecommunications Act 1984
- 13Paragraph 13
- The London Regional Transport Act 1984
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- The Airports Act 1986
- 23Paragraph 23
- The Gas Act 1986
- 24Paragraph 24
- The Insolvency Act 1986
- 25Paragraph 25
- The Consumer Protection Act 1987
- 26Paragraph 26 Repealed
- The Channel Tunnel Act 1987
- 27Paragraph 27
- The Electricity Act 1989
- 28Paragraph 28
- The New Roads and Street Works Act 1991
- 29Paragraph 29
- The Water Industry Act 1991
- 30Paragraph 30
- The Water Resources Act 1991
- 31Paragraph 31
- The British Coal and British Rail (Transfer Proposals) Act 1993 Not yet in force
- 32Paragraph 32 Not yet in force
- Schedule 13: Transitional provisions and savings
- The Central Committee
- 1Paragraph 1
- Consultative committees
- 2Paragraph 2
- Proposed closures
- 3Paragraph 3
- Saving for section 41 of the Channel Tunnel Act 1987
- 4Paragraph 4
- Schedule 14: Repeals