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