OpenLegislation

Section 76 General railway duties of Passengers’ Council .F20C1C2C3C4

England, Wales and Scotland

(1)

It shall be the duty of F1the Passengers’ Council to investigate any matter which relates—

F2(a)

to the provision of railway passenger services, or

(b)

to the provision of station services by any person in a case where the operator of the station in question is authorised by a licence to be the operator of that station,

if the condition specified in subsection (2) below is satisfied in relation to the matter in question.

(2)

The condition mentioned in subsection (1) above is satisfied if—

(a)

the matter is the subject of a representation made to the Passengers’ Council by a user or potential user of railway passenger services and does not appear to the Passengers’ Council to be frivolous or vexatious;

(b)

the matter is referred to the Passengers’ Council by the F3Secretary of State; or

(c)

the matter appears to the Passengers’ Council to be one which it ought to investigate.

F4(2A)

If any matter falling within subsection (2)(a) appears to the Passengers’ Council to relate only to—

(a)

the provision of railway passenger services wholly within the London railway area (within the meaning of section 252A of the Greater London Authority Act 1999), or

(b)

the provision of station services within that area,

that Council must refer the matter to the London Transport Users' Committee.

F5(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

If, on investigating any matter, the Passengers’ Council considers it appropriate to do so, the Passengers’ Council shall make representations to the person providing the F6secured service (within the meaning of Part 4 of the Railways Act 2005) which is in question and—

(a)

in the case of a service provided under a franchise agreement, to the franchisee, or

(b)

in the case of a service provided on behalf of the Secretary of State, to the Secretary of State,

about the matter, or any matter to which it relates or which appears to the Passengers’ Council to be relevant to the subject of the matter investigated.

C5(5)

Where the Passengers’ Council—

(a)

having made representations under subsection (4) above, is of the opinion that it is unable to achieve a satisfactory resolution of the matter by that means, or

(b)

on investigating any matter, has reason to believe that F7a franchisee is contravening, or is likely to contravene, any term of the franchise agreement or that the holder of a passenger licence or a station licence is contravening, or is likely to contravene, any condition of the licence,

the Passengers’ Council shallF8, unless representations about the matter have been made to the Secretary of State by the Passengers’ Council, refer it to the Secretary of State with a view to the Secretary of State exercising such of F9his powers as F10he considers appropriate in the circumstances of the case..

F11(5A)

But if the Secretary of State considers that it would be more appropriate for a matter referred to it by the Passengers’ Council to be considered by F12the Office of Rail and Road, the Secretary of State shall refer it to the Office of Rail and Road, with a view to F13it exercising such of F14its powers as it considers appropriate in the circumstances of the case.

(6)

Where the Passengers’ Council investigates any matter—

C6(a)

it may prepare, and send to the Secretary of State F15or the Welsh Ministers F16. . . , a report of its findings; and

(b)

it may publish any such report, unless the matter in question is one which was referred to the Passengers’ Council by the Secretary of State as mentioned in subsection (2)(b) above.

(7)

Where the Passengers’ Council has investigated any matter under this section, it shall neither—

(a)

include in any report or representations a proposal for any steps to be taken by any person in relation to that matter, nor

(b)

refer the matter to the Secretary of State under subsection (5)(a) above by reason only of the failure of any person to take any steps in relation to that matter,

unless, balancing the cost of taking those steps against the benefits which the Passengers’ Council considers will be enjoyed by any person in consequence of the taking of those steps, the Passengers’ Council is of the opinion, on the basis of the information available to it, that the expenditure involved represents good value for money.

F17(7A)

It shall also be the duty of the Passengers’ Council, so far as it appears expedient from time to time to do so—

(a)

to keep under review matters affecting the interests of the public in relation to railway passenger services and station services;

(b)

to make representations to, and consult, such persons as they think appropriate about those matters; and

(c)

to co-operate with other bodies representing the interests of users of public passenger transport services.

(7B)

The Secretary of State may, after consultation with the Passengers’ Council, make an order excluding services from the duties imposed by this section; and an order under this subsection—

(a)

may exclude services of a particular class or description, particular services or services provided by a particular person;

(b)

may provide that services are excluded subject to compliance with specified conditions; and

(c)

may not revoke an exclusion except for breach of condition or in accordance with the order which made it.

(7C)

The Secretary of State may, after consultation with the Passengers’ Council, make an order providing that the duties imposed by this section apply to services of a particular class or description, particular services or services provided by a particular person—

(a)

only to such extent as is specified by the order; or

(b)

with such modifications as are so specified.

F18(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

In this section, any reference to railway passenger services includes a reference to bus substitution services required to be provided in place of any such services; F19. . . .

Annotations

Textual amendments

F1

Words in s. 76 substituted (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 6(3)(a)

F2

S. 76(1)(a) substituted (29.7.2003) by 2000 c. 38, ss. 228(2), 275(1); S.I. 2003/1694, art. 2

F3

Words in s. 76 substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 32(1); S.I. 2005/1909, art. 2, Sch.

F4

S. 76(2A) inserted (24.7.2005) by Railways Act 2005 (c. 14), ss. 21, 60, Sch. 6 para. 5; S.I. 2005/1909, art. 2, Sch.

F5

S. 76(3) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F6

Words in s. 76(4) substituted (1.12.2006 for certain purposes and otherwise prosp.) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 32(2); S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)

F7

Words in s. 76(5)(b) inserted (29.7.2003) by 2000 c. 38, ss. 228(3)(a), 275(1); S.I. 2003/1694, art. 2

F8

Words in s. 76(5) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 20(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F9

Word in s. 76(5) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 32(3)(a); S.I. 2005/1909, art. 2, Sch.

F10

Word in s. 76(5) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 32(3)(b); S.I. 2005/1909, art. 2, Sch.

F11

S. 76(5A) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 20(4); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F12

Words in s. 76(5A) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(ww)

F13

Word in s. 76 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)

F14

Word in s. 76 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(c) Table}; S.I. 2004/827, art. 4(g)

F15

Words in s. 76(6)(a) inserted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(vi), Sch. para. 25 (with art. 3)

F16

Words in s. 76(6)(a) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 32(4), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F17

S. 76(7A)-(7C) inserted (29.7.2003) by 2000 c. 38, ss. 228(4), 275(1); S.I. 2003/1694, art. 2

F18

S. 76(8) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 32(5), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F19

Words in s. 76(9) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F20

Words in s. 76 heading substituted (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 6(3)(b)

Modifications

C1

S. 76 excluded (30.11.2000) by 2000 c. 38, s. 253, Sch. 28 para. 10

C2

Ss. 76, 77 applied (1.4.1994) by 1993 c. 43, ss. 47(2)(d)(4)(d), 152(2), 154(2), Sch. 13 para. 3(2) (modifying 1985 c. 67, s. 123); S.I. 1994/571, art. 5

C3

S. 76 applied (with modifications) (29.7.2003) by The Merseyrail Electrics Network Order 2003 (S.I. 2003/1696), art. 3

C4

S. 76 modified (25.6.2010) by The Rail Passengers Rights and Obligations Regulations 2010 (S.I. 2010/1504), regs. 1(2), 18(2)

C5

S. 76(5) applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 17

C6

S. 7(6)(a): certain functions made exercisable by the Scottish Ministers concurrently with the Minister concerned (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2; S.I. 1998/3178, art. 3

Notes on Part I

Modifications

C1

Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C2

Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)

Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)

Commencement

I1

Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5

Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)

Notes on The Passengers’ Council and Rail Passengers’ Committees

Textual amendments

F1

Words in cross-heading substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(10); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F2

Words in s. 76 cross-heading substituted (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 6(4)