Change 1 Article Choose an article Title and introductory text 1 The Rail Regulator. . .. 2 Passengers’ Committees. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 General duties of the Secretary of State and the Office of Rail and Road 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Prohibition on unauthorised operators of railway assets. 7 Exemptions from section 6. 7A Consumer protection conditions. 8 Licences. 9 Conditions of licences: general. 10 Conditions of licences: activities carried on by virtue of a licence exemption. 11 Assignment of licences. 12 Modification by agreement. 13 Modification references to the CMA 13A References under section 13: time limits 13B References under section 13: application of Enterprise Act 2002 14 Reports on modification references. 15 Modification following report. 15A CMA's power to veto modifications following report. 15B Making of modifications by CMA . 15C Sections 15A and 15B: supplementary. 16 Modification by order under other enactments. 16A Provision, improvement and development of railway facilities. 16B Exemption of railway facilities from section 16A. 16C Making of applications for directions. 16D Procedure for considering applications. 16E Decisions on applications: adequate reward. 16F Other provisions about decisions. 16G Directions: compliance, variation and revocation. 16H Code of practice. 16I Supplementary. 17 Access agreements: directions requiring facility owners to enter into contracts for the use of their railway facilities. 18 Access agreements: contracts requiring the approval of the Office of Rail and Road. 19 Access agreements: contracts for the use, on behalf of the Secretary of State, of installations comprised in a network. 19A Review of access charges by the Office of Rail and Road. 20 Exemption of railway facilities from sections 17 , 18 and 22A. 21 Model clauses for access contracts. 22 Amendment of access agreements. 22A Directions to require amendment permitting more extensive use. 22B Applications for directions under section 22A: procedure. 22C Amendment: supplementary. 23 Designation of passenger services. 24 Exemption of passenger services from section 23(1). 24A ... Exemptions granted by Secretary of State or Welsh Ministers: operator agreements 25A Prohibition on franchise extensions and new franchises 26B No adequate tenders for franchise. 26C Review of directions. 27 Transfer of franchise assets and shares. 28 Fares and approved discount fare schemes. 29 Other terms and conditions of franchise agreements. 30 Public sector provision of services. 30A Temporary continuation of existing franchises 30B Agreements and extensions under section 30A 30C Sections 30 to 30B: supplementary 31 Leases granted in pursuance of franchise agreements: no security of tenure. 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Passenger Transport Authorities and Executives: franchising. 35 Termination and variation of section 20(2) agreements by the Authority. 36 Miscellaneous amendments of the Transport Act 1968. 37 Proposals to discontinue non-franchised etc. passenger services. 38 Proposals to discontinue franchised etc. passenger services. 39 Notification of proposals to close operational passenger networks. 40 Proposals to close passenger networks operated on behalf of theAuthority. 41 Notification of proposals to close railway facilities used in connection with passenger services. 42 Proposals to close passenger railway facilities operated on behalf of the Authority. 43 Notification to, and functions of, theSecretary of State and the relevantRail Passengers Committees. 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Closure conditions: general. 46 Variation of closure conditions. 46A General determinations of minor closures. 46B Notification of minor closures to Regulator. 47 Withdrawal of bus substitution service. 47A Objections to withdrawal of bus substitution service. 47B Revocation or variation of bus substitution conditions. 48 Experimental railway passenger services. 49 Abolition of former closure procedures, exemptions from new procedures and imposition of alternative procedure. 50 Exclusion of liability for breach of statutory duty. 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Exercise of functions for purpose of encouraging investment in the railways. 55 Orders for securing compliance. 56 Procedural requirements for section 55 orders. 57 Validity and effect of section 55 orders. 57A Penalties. 57B Statement of policy. 57C Procedural requirements for penalties. 57D Time limits. 57E Interest and payment of instalments. 57F Validity and effect of penalties. 58 Power to require information etc for purposes of sections 55 and 57A. 59 Meaning and effect of railway administration order. 60 Railway administration orders made on special petitions. 61 Restriction on making winding-up order in respect of protected railway company. 62 Restrictions on voluntary winding up and insolvency proceedings in the case of protected railway companies. 63 Government financial assistance where railway administration orders made. 64 Guarantees under section 63. 64A Financial assistance by Scottish Ministers or Welsh Ministers 65 Meaning of “company" and application of provisions to unregistered, foreign and other companies. 66 Amendments of the Fair Trading Act 1973. 67 Competition functions of the Office of Rail and Road 68 Investigatory functions. 69 General functions. 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Publication of information and advice. 71A Investigatory functions. 71B Code of practice for protection of interests of rail users who are disabled. 72 Keeping of register by the Office of Rail and Road. 73 Keeping of register by the Secretary of State. 73A Keeping of register by the Scottish Ministers 73B Keeping of register by the Welsh Ministers 74 Annual and other reports of the Office of Rail and Road. 75 Annual reports of the Franchising Director. 76 General railway duties of Passengers’ Council . 76A Delegation of duties under section 76(7A) 77 General duties of Rail Passengers’ Committees. 78 Functions under section 56 of the Transport Act 1962. 79 Annual reports by the Rail Passengers’ Council and the Rail Passengers’ Committees. 80 Duty 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. 81 Meaning of “railway". 82 Meaning of “railway services" etc. 83 Interpretation of Part I. 84 Powers of the Board to form companies. 85 Powers of the Board to make transfer schemes. 86 Powers of the Franchising Director to make transfer schemes. 87 Transfer to the Secretary of State or the Franchising Director of the Board’s function of making transfer schemes. 88 Transfers of interests in certain companies: provisions supplemental to sections 84 to 87. 89 Disposals by the Board and its subsidiaries. 90 Directions to the Board about the exercise of rights conferred by holdings in companies. 91 Transfer schemes: general. 92 Functions under local or private legislation etc. 93 Assignment of employees to particular parts of undertakings. 94 Accounting provisions. 95 Power of the Secretary of State or the Franchising Director to require provision of information in connection with transfer schemes. 96 Functions of the Secretary of State in relation to transfer schemes. 97 Supplementary provisions as to transfers by transfer scheme. 98 Initial share holding in successor companies. 99 Government investment in securities of successor companies. 100 Exercise of functions through nominees. 101 Target investment limit for Government shareholding in certain successor companies. 102 Temporary restrictions on borrowings etc. 103 Government lending to certain successor companies. 104 Treasury guarantees for loans made to certain successor companies. 105 Grants to certain successor companies. 106 Extinguishment of certain liabilities of successor companies. 107 Responsibility for composite listing particulars of certain licensed successor companies. 108 Application of Trustee Investments Act 1961 in relation to investment in certain licensed successor companies. 109 Grants to the Board. 110 Application of sections 19 to 21A of the Transport Act 1962 to wholly owned subsidiaries of the Board. 111 Financial limits on loans. 112 Stamp duty and stamp duty reserve tax. 113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 The Secretary of State, the Franchising Director and the Board not to be regarded as shadow directors of certain railway companies etc. 115 Parliamentary disqualification. 116 Interpretation of Part II. 117 Safety of railways and other guided transport systems. 118 Control of railways in time of hostilities, severe international tension or great national emergency. 119 Security: power of Secretary of State to give instructions. 120 Security: enforcement notices. 121 Security: inspections. 121A Railway security services: approved providers 122 Statutory authority as a defence to actions in nuisance etc. 123 No person to be common carrier by railway. 124 Carriage of mail by railway. 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Bye-laws. 130 Penalty fares. 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Schemes for the organisation etc. of transport police. 133 Terms and conditions of employment of transport police. 134 Pensions. 135 Concessionary travel for railway staff etc. 136 Grants and subsidies. 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Grants and other payments towards facilities for public passenger transport to and from airports, harbours etc. 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 General financial provisions. 143 Regulations and orders. 144 Directions. 145 General restrictions on disclosure of information. 146 Making of false statements etc. 147 Offences by bodies corporate or Scottish partnerships. 148 Proceedings in Scotland. 149 Service of documents. 149A Service of documents under sections 118 to 120: additional provisions 150 Crown application. 151 General interpretation. 152 Minor and consequential amendments, transitional provisions and repeals. 153 Power to make consequential modifications in other Acts etc. 154 Short title, commencement and extent. SCHEDULE 1 SCHEDULE 2 Rail Passengerscommittees SCHEDULE 3 The Rail Passengers’ Council SCHEDULE 4 Access agreements: applications for access contracts SCHEDULE 4A Review of access charges by the Office of Rail and Road SCHEDULE 5 SCHEDULE 6 Railway administration orders SCHEDULE 7 Transfer of relevant activities in connection with railway administration orders SCHEDULE 8 Transfers by transfer scheme SCHEDULE 9 Stamp duty and stamp duty reserve tax SCHEDULE 10 SCHEDULE 11 Pensions SCHEDULE 12 Minor and consequential amendments SCHEDULE 13 Transitional provisions and savings SCHEDULE 14 Repeals
What to do with it
As published
16E Decisions on applications: adequate reward.
(1) The Office of Rail and Road may only give a direction to a person under section 16A above to provide, improve or develop a railway facility if he is satisfied that the person will be adequately rewarded for providing, improving or developing the railway facility in accordance with the direction.
(2) In considering whether he is so satisfied the Office of Rail and Road shall take into account (in particular)—
(a) any receipts obtained or likely to be obtained by the person (from the appropriate facilities authority, passengers, operators of railway services or any other persons) in connection with, or as a result of, the provision, improvement or development of the railway facility; and
(b) any other benefit obtained or likely to be obtained by him in consequence of its provision, improvement or development.
(3) Representations made by the applicant for a direction—
(a) under section 16C(4) above, or
(b) in response to an invitation under section 16D(4) above,
may, in particular, include representations as to matters which he considers the Office of Rail and Road should take into account in deciding whether the person to whom the direction would be given would be adequately rewarded for doing what it would require him to do.
Your wording
Your change, as a redline
16E Decisions on applications: adequate reward.
(1) The Office of Rail and Road may only give a direction to a person under section 16A above to provide, improve or develop a railway facility if he is satisfied that the person will be adequately rewarded for providing, improving or developing the railway facility in accordance with the direction.
(2) In considering whether he is so satisfied the Office of Rail and Road shall take into account (in particular)—
(a) any receipts obtained or likely to be obtained by the person (from the appropriate facilities authority, passengers, operators of railway services or any other persons) in connection with, or as a result of, the provision, improvement or development of the railway facility; and
(b) any other benefit obtained or likely to be obtained by him in consequence of its provision, improvement or development.
(3) Representations made by the applicant for a direction—
(a) under section 16C(4) above, or
(b) in response to an invitation under section 16D(4) above,
may, in particular, include representations as to matters which he considers the Office of Rail and Road should take into account in deciding whether the person to whom the direction would be given would be adequately rewarded for doing what it would require him to do.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.