(1) Where it appears to the Secretary of State that a person upon whom an instruction has been served has failed, is failing or is likely to fail to comply with that instruction, he may serve on that person a notice (in this section referred to as an “enforcement notice") containing such provision as the Secretary of State may consider requisite for the purpose of ensuring that the person complies with the instruction and specifying, in particular—
(a) the things, or the description of things, which the person is required to do, or refrain from doing, in order to comply with the instruction;
(b) the time within which, or after which, the person must do, or refrain from doing, those things; and
(c) the period during which the person is to do, or refrain from doing, those things.
(2) The Secretary of State may vary or revoke an enforcement notice, and any reference in this section to an enforcement notice includes a reference to such a notice as varied under this subsection.
(3) Where the Secretary of State varies or revokes an enforcement notice under subsection (2) above he shall serve notice of the variation or revocation on the person on whom the enforcement notice in question was served.
(4) A person who without reasonable excuse fails to do anything required of him by an enforcement notice is guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to a fine or to a term of imprisonment not exceeding two years, or to both.
(5) No proceedings shall be instituted in England and Wales in respect of an offence under subsection (4) above except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
(6) Section 119(8) above shall have effect in relation to an enforcement notice as it has effect in relation to an instruction.
(7) Expressions used in this section and in section 119 above have the same meaning in this section as they have in that section.
(1) For the purpose of enabling the Secretary of State to determine whether to give an instruction to any person, or of ascertaining whether any instruction or enforcement notice is being or has been complied with, a person authorised for the purpose by the Secretary of State in writing (in this section referred to as “an authorised person”) shall have power, on production (if required) of his credentials, to inspect any relevant asset.
(2) An authorised person inspecting a relevant asset under subsection (1) above shall have power—
(a) to subject any property found by him on or in the relevant asset, or any apparatus or equipment installed in the relevant asset, to such tests as he considers necessary for the purpose for which the inspection is carried out;
(b) to take such steps as he considers necessary for that purpose—
(i) to ascertain what practices or procedures are being followed in relation to security; or
(ii) to test the effectiveness of any practice or procedure relating to security; or
(c) to require the owner or operator of the relevant asset to furnish to him such information as the authorised person considers necessary for that purpose;
but nothing in paragraph (a) above shall entitle an authorised person to subject any rolling stock, or any part of any rolling stock, to any test.
(3) An authorised person, for the purpose of exercising any power conferred on him by subsection (1) or (2) above in relation to any relevant asset, shall have power—
(a) to board any rolling stock and to take all such steps as are necessary to ensure that it is not moved; or
(b) to enter any land or other property comprised either in any track or in a network, station or light maintenance depot;
but nothing in this subsection authorises any use of force.
(4) A person is guilty of an offence if he—
(a) intentionally obstructs an authorised person acting in the exercise of any power conferred on him by this section;
(b) fails, without reasonable excuse, to comply with a requirement imposed on him under paragraph (c) of subsection (2) above to furnish information to an authorised person; or
(c) in furnishing any information required under that paragraph, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular.
(5) A person guilty of an offence under subsection (4) above shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
(6) No proceedings shall be instituted in England and Wales in respect of an offence under subsection (4) above except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
(7) Expressions used in this section and in section 119 or 120 above have the same meaning in this section as they have in that section.
(1) In this section “railway security service” means a process or activity carried out for the purpose of—
(a) complying with a requirement of an instruction under section 119, or
(b) facilitating a person’s compliance with a requirement of an instruction under section 119.
(2) Regulations may provide for the Secretary of State to maintain a list of persons who are approved by him for the provision of a particular railway security service.
(3) The regulations may—
(a) prohibit the provision of a railway security service by a person who is not listed in respect of that service;
(b) prohibit the use or engagement for the provision of a railway security service of a person who is not listed in respect of that service;
(c) create a criminal offence;
(d) make provision about application for inclusion in the list (including provision about fees);
(e) make provision about the duration and renewal of entries on the list (including provision about fees);
(f) make provision about training or qualifications which persons who apply to be listed or who are listed are required to undergo or possess;
(g) make provision about removal from the list which shall include provision for appeal;
(h) make provision about the inspection of activities carried out by listed persons;
(i) confer functions on the Secretary of State or on a specified person;
(j) confer jurisdiction on a court.
(4) Regulations under subsection (3)(c)—
(a) may not provide for a penalty on summary conviction greater than a fine not exceeding the statutory maximum,
(b) may not provide for a penalty of imprisonment on conviction on indictment greater than imprisonment for a term not exceeding two years (whether or not accompanied by a fine), and
(c) may create a criminal offence of purporting, with intent to deceive, to do something as a listed person or of doing something, with intent to deceive, which purports to be done by a listed person.
(5) An instruction under section 119 may—
(a) include a requirement to use a listed person for the provision of a railway security service;
(b) provide for all or part of the instruction not to apply or to apply with modified effect where a listed person provides a railway security service.
(6) Regulations under this section—
(a) may make different provision for different cases,
(b) may include incidental, supplemental or transitional provision,
(c) shall be made by the Secretary of State by statutory instrument,
(d) shall not be made unless the Secretary of State has consulted organisations appearing to him to represent persons affected by the regulations, and
(e) shall be subject to annulment in pursuance of resolution of either House of Parliament.
122 Statutory authority as a defence to actions in nuisance etc.
(1) Subject to the following provisions of this section—
(a) any person shall have authority—
(i) to use, or to cause or permit any agent or independent contractor of his to use, rolling stock on any track, or
(ii) to use, or to cause or permit any agent or independent contractor of his to use, any land comprised in a network, station or light maintenance depot for or in connection with the provision of network services, station services or light maintenance services, and
(b) any person who is the owner or occupier of any land shall have authority to authorise, consent to or acquiesce in—
(i) the use by another of rolling stock on any track comprised in that land, or
(ii) the use by another of that land for or in connection with the provision of network services, station services or light maintenance services,
if and so long as the qualifying conditions are satisfied in the particular case.
(2) For the purposes of this section, the “qualifying conditions” are—
(a) in relation to any use of rolling stock on track—
(i) that the track is comprised in a network, station or light maintenance depot, and
(ii) that the operator of that network, station or light maintenance depot is the holder of an appropriate licence or has the benefit of an appropriate licence exemption; and
(b) in relation to any use of land for or in connection with the provision of network services, station services or light maintenance services, that the operator of the network, station or light maintenance depot in question is the holder of an appropriate licence or has the benefit of an appropriate licence exemption.
(3) The authority conferred by this section is conferred only for the purpose of providing a defence of statutory authority—
(a) in England and Wales—
(i) in any proceedings, whether civil or criminal, in nuisance; or
(ii) in any civil proceedings, other than proceedings for breach of statutory duty, in respect of the escape of things from land;
(b) in Scotland, in any civil proceedings on the ground of nuisance where the rule of strict liability applies, other than proceedings for breach of statutory duty.
(4) Nothing in this section shall be construed as excluding a defence of statutory authority otherwise available under or by virtue of any enactment.
(5) The owner or occupier of any land shall be regarded for the purposes of this section as “acquiescing” in—
(a) any use by another of rolling stock on track comprised in that land, or
(b) any use of that land by another for or in connection with the provision of network services, station services or light maintenance services,
notwithstanding that it is not within his power to put an end to that use by that other.
(6) For the purposes of this section—
(a) any reference to the use of rolling stock on track includes a reference to the carriage of any passengers or other persons, or any goods, of any class or description for any purpose on or by means of that rolling stock on that track; and
(b) rolling stock shall be regarded as “used” on any track at any time when it is present on that track, irrespective of whether the rolling stock is comprised in a train or not, whether the rolling stock is moving or stationary and, if moving, irrespective of the means by which the motion is caused.
(7) In this section—
“appropriate licence”, in relation to the operator of a network, station or light maintenance depot, means a licence which authorises him to be the operator of that network, station or light maintenance depot;
“appropriate licence exemption”, in relation to the operator of a network, station or light maintenance depot, means any such licence exemption as exempts him from the requirement to hold the licence that would otherwise be the appropriate licence in his case;
and expressions used in this section and in Part I above have the same meaning in this section as they have in that Part.
Sections 33 to 42 of the Post Office Act 1953 (which make provision for and in connection with the power of the Post Office to compel railway undertakers to convey mail-bags on their trains) shall cease to have effect.
(1) The Secretary of State, the Welsh Ministers and the Scottish Ministers shall each have power by regulations to make provision for and in connection with—
(a) the imposition of requirements on persons travelling by, present on, or leaving trains or stations to produce, if required to do so in accordance with the regulations, a ticket or other authority authorising them to travel by, be present on, or leave the train or station in question; and
(b) the charging of persons in breach of such requirements to financial penalties (in this section referred to as “penalty fares”) in such circumstances, and subject to compliance with such conditions (if any), as may be prescribed;
and in this section any reference to a ticket or other authority of any description includes a reference to any other document which, under the regulations, is required to be produced in conjunction with any such ticket or other authority, for the purpose of demonstrating that the ticket or other authority produced by a person is valid in his case.
(1ZA) The power of the Welsh Ministers under this section to make provision for and in connection with the imposition of requirements on persons present on or leaving stations is exercisable only in relation to persons present on or leaving relevant Welsh stations in connection with the use of railway passenger services provided under Welsh franchise agreements or secured to any extent by the Welsh Ministers.
(1ZB) In subsection (1ZA) “relevant Welsh stations” are stations wholly in Wales that are used for the purposes of railway passenger services provided under Welsh franchise agreements or secured to any extent by the Welsh Ministers.
(1ZC) The power of the Welsh Ministers under this section to make provision for and in connection with the imposition of requirements on persons travelling by, present on or leaving trains is exercisable only in relation to persons—
(a) travelling by or present on trains in Wales used for the purposes of—
(i) a Wales-only service; or
(ii) any other railway passenger service provided under a Welsh franchise agreement or secured to any extent by the Welsh Ministers, except where subsection (1ZD) applies; or
(b) leaving such trains at stations wholly in Wales.
(1ZD) This subsection applies where—
(a) the next scheduled call to be made by the service is at a station wholly or partly in England and the previous scheduled call was at a station wholly in Wales (but not where the train is at a scheduled call wholly in Wales); or
(b) the next scheduled call to be made by the service is at a station wholly in Wales and the previous scheduled call was at a station wholly or partly in England.
(1ZE) The power of the Secretary of State under this section to make provision for and in connection with the imposition of requirements on persons present on or leaving stations is not exercisable in relation to persons falling within subsection (1ZA).
(1ZF) The power of the Secretary of State under this section to make provision for and in connection with the imposition of requirements on persons travelling by, present on or leaving trains is not exercisable in relation to persons falling within subsection (1ZC).
(1A) The power of the Scottish Ministers under this section shall be exercisable only in relation to trains and stations used for the purposes of—
(a) railway passenger services provided under Scottish franchise agreements; 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.
(2) Regulations may make provision for or with respect to—
(a) the persons who may be charged penalty fares;
(b) the persons by or on behalf of whom penalty fares may be charged;
(c) the trains and stations by reference to which penalty fares may be charged;
(d) the amount, or the greatest amount, which a person may be charged by way of penalty fare, whether a specified amount or one determined in a prescribed manner;
(e) the authorising of persons to be collectors;
(f) the manner in which charges to penalty fares may be imposed by collectors, including any requirements to be complied with by or in relation to collectors;
(g) the authorising of collectors in prescribed circumstances to require persons on trains or stations to furnish prescribed information;
(h) the display of prescribed notices in places of a prescribed description;
(j) the manner in which, and the period within which, any penalty fare charged to a person is to be paid;
(k) the issue of prescribed documents to persons who are charged, or who have paid, penalty fares;
(l) the recovery of any unpaid penalty fare as a civil debt, including provision—
(i) for or with respect to defences that are to be available in proceedings for the recovery of an unpaid penalty fare; or
(ii) for presumptions of fact to operate, in such proceedings, in favour of the person charged with the penalty fare, but subject to compliance with prescribed procedural requirements;
(m) the retention, by persons by or on behalf of whom charges to penalty fares are imposed, of sums paid by way of penalty fare;
(n) the remission of liability to pay penalty fares and the repayment of sums paid by way of penalty fare;
(o) the prevention of a person’s being liable both to payment of a penalty fare and to prosecution for a prescribed offence;
(p) the imposition by the Secretary of State, the Welsh Ministers or the Scottish Ministers of prohibitions on the charging of penalty fares by prescribed persons and in prescribed circumstances.
(3) The documents mentioned in subsection (2)(k) above include any document which consists of or includes—
(a) notice of the imposition of a charge to a penalty fare;
(b) a receipt for the payment of a penalty fare; or
(c) a ticket or other authority to travel by, be present on, or leave a train or station.
(4) Regulations may impose, or make provision for and in connection with the imposition or enforcement of, prescribed requirements in prescribed circumstances on or against a holder of a passenger licence or station licence or a passenger service operator (whether or not one by or on behalf of whom penalty fares are or are to be charged); and, without prejudice to the generality of the foregoing, any such regulations may make provision with respect to—
(a) the display of notices relating to penalty fares;
(b) the provision of facilities for the issue of tickets or other authorities to travel by, be present on, or leave trains or stations;
(c) the provision of information to prescribed persons or persons of a prescribed class or description.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Regulations may provide that where information is required to be furnished pursuant to the regulations—
(a) a refusal to furnish any such information, or
(b) the furnishing of information which is false in a material particular,
shall, in prescribed circumstances, be an offence punishable on summary conviction by a fine not exceeding level 2 on the standard scale.
(8) Apart from subsection (7) above, nothing in this section creates, or authorises the creation of, any offence.
(9) Regulations may make provision for any area within Great Britain and may make different provision for or in relation to different areas.
(9A) Before making any regulations which have the effect of varying the amount, or the greatest amount, which a person within, or travelling to or from, Greater London may be charged by way of penalty fare, the Secretary of State must consult the Mayor of London.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) Subsections (2) to (5) above are without prejudice to the generality of subsection (1) above.
(11A) A statutory instrument containing regulations made by the Scottish Ministers under this section is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(11B) A statutory instrument containing regulations made by the Welsh Ministers under this section is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(12) In this section—
“collectors” means the individuals who perform the function (whether as servants or agents or otherwise) of imposing the charge of a penalty fare on the person liable to pay it under the regulations in each particular case;
“document”, without prejudice to the generality of the expression, includes any badge, token, or photograph or any other form of identification, certification or authentication;
“prescribed” means specified in, or determined in accordance with, regulations;
“regulations” means regulations under subsection (1) above;
“station” includes a reference to a part of a station;
“ticket or other authority” shall be construed in accordance with subsection (1) above;
“train” includes a reference to a part of a train;
and, subject to that, expressions used in Part I above and in this section have the same meaning in this section as they have in that Part.
(1) Schedule 11 to this Act shall have effect.
(2) Section 74 of the Transport Act 1962 (power of Secretary of State to make orders about pensions) shall cease to have effect, so far as relating to the Board and (within the meaning of that section) its subsidiaries, on the coming into force of subsection (1) above.
(3) Subsection (2) above is without prejudice to the continuing validity of any orders made under that section.
(1) The conditions that may be included in a passenger licence include conditions in respect of arrangements for the provision of staff concessionary travel.
(2) The Secretary of State and the Scottish Ministers may each promote the provision of staff concessionary travel.
(3) The Secretary of State and the Scottish Ministers may each enter into agreements or other arrangements concerning the provision of staff concessionary travel.
(3A) The Welsh Ministers may—
(a) promote the provision of staff concessionary travel in Wales, and
(b) enter into agreements or other arrangements concerning the provision of staff concessionary travel in Wales.
(4) Franchise agreements may include conditions with respect to the provision of staff concessionary travel.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The The Secretary of State , the Scottish Ministers and the Welsh Ministers may exercise powers and perform duties conferred or imposed on him or them—
(a) under or by virtue of subsections (2) to (4) above, or
(b) under any agreements or arrangements entered into, or conditions or provisions included, by virtue of those subsections,
by entering into agreements or arrangements under which other persons (in this subsection referred to as “sub-contractors”) are to perform the function in question; . . ..
(7) Without prejudice to the generality of subsections (3) and (3A) above, the agreements or arrangements that may be made under those subsections include agreements or arrangements under which the Secretary of State undertakes, or the Welsh Ministers or the Scottish Ministers undertake, to secure the provision of staff concessionary travel (as well as agreements or arrangements under which some other person undertakes to provide, or to secure the provision of, staff concessionary travel).
(8) Subsection (7) above applies, with the necessary modifications, in relation to—
(a) the conditions mentioned in subsection (4) above, . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as it applies in relation to the agreements and arrangements mentioned in subsections (3) and (3A) above.
(9) This section is without prejudice to the generality of—
(a) the conditions which may be included in licences, or
(b) the provision which may be made in franchise agreements . . .,
whether or not with respect to free or concessionary travel; and subsection (4) above is without prejudice to the generality of subsections (3) and (3A) above.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) Any reference in this section to the provision of “staff concessionary travel” is a reference to the provision of free travel, or travel at concessionary rates, for, or for some class or description of, persons, or dependants of persons, who are or have at any time been employed by—
(a) a person carrying on a business of providing railway services; or
(b) a person providing welfare or health care services to persons employed by a person falling within paragraph (a) above.
(13) In the application of subsection (12) above in relation to any such agreement, arrangements, conditions or provisions as are mentioned in this section, it is immaterial whether or not the provision of free travel, or travel at concessionary rates, mentioned in that subsection extends, in the case of the agreement, arrangements, conditions or provisions in question, only to persons falling within that subsection or to such persons and others; and the references in subsections (2) and (3A) above to promoting the provision of staff concessionary travel shall be construed accordingly.
(14) Expressions used in this section and in Part I above have the same meaning in this section as they have in that Part.
(1) The Secretary of State and the Scottish Ministers shall each be the competent authority of Great Britain in relation to the railways financial status regulations.
(2) The Secretary of State, the Scottish Ministers and, to the extent specified in subsection (2A) below, the National Assembly for Wales shall each be the competent authority of Great Britain, in relation to persons who operate services for the carriage of goods by railway, for the purposes of the public service obligations regulations.
(2A) For the purposes of subsection (2) above the National Assembly for Wales shall only be the competent authority in relation to services for the carriage of goods by railway which are operated within Wales.
(2B) Subsections (2) and (2A) cease to have effect on 3rd December 2012.
(3) The following persons, that is to say—
(a) the Secretary of State,
(aa) the Scottish Ministers,
(ab) to the extent specified in subsection (3A) below, the Welsh Ministers,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) to the extent specified in subsection (4) below, every Passenger Transport Executive, and
(d) to the extent specified in subsection (5) below—
(i) every non-metropolitan county or district council in England or in Wales and every council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in Scotland, and
(ii) every London borough council and the Common Council of the City of London,
shall each be the competent authority of Great Britain in relation to passenger service operators for the purposes of the public service obligations regulations.
(3A) For the purposes of subsection (3) above the Welsh Ministers shall only be the competent authority in relation to services for the carriage of passengers by railway which—
(a) are Welsh services (within the meaning of the Railways Act 2005); or
(b) are provided under a franchise agreement to which the Welsh Ministers are a party.
(4) For the purposes of subsection (3) above, a Passenger Transport Executive shall only be the competent authority in relation to those railway passenger services which the Executive provide, or secure are provided, in exercise of their powers under section 10(1) of the Transport Act 1968 or section 13 of the Railways Act 2005.
(5) For the purposes of subsection (3) above—
(a) a council falling within paragraph (d)(i) of that subsection shall only be the competent authority in relation to those railway passenger services whose provision the council secures under section 63 of the Transport Act 1985 (passenger transport in areas other than integrated transport areas and passenger transport areas); and
(b) a council falling within paragraph (d)(ii) of that subsection shall only be the competent authority in relation to those railway passenger services in respect of which the council enters into and carries out agreements under section 177 of the Greater London Authority Act 1999 (provision of extra transport services in London).
(6) The Secretary of State ... may ... , as competent authority by virtue of subsection (3) above, give directions to any passenger service operator imposing on him obligations with respect to the provision or operation of railway passenger services.
(7) It shall fall to the Secretary of State . . . to make any payments of compensation which are required to be made to a passenger service operator by any provision of the public service obligations regulations in respect of any obligations imposed on that operator by directions under subsection (6) above, and the Secretary of State . . . may, subject to and in accordance with the provisions of those regulations, determine the manner of calculating, and the conditions applicable to, those payments.
(8) The power of giving directions under subsection (6) above shall be so exercised that the aggregate amount of any compensation payable under the public service obligations regulations, for periods ending after 1st April 1992, in respect of all obligations imposed by directions under that subsection shall not exceed £3,000 million or such greater sum not exceeding £5,000 million as the Secretary of State may by order specify.
(9) A statutory instrument containing an order under subsection (8) above shall not be made unless a draft of the instrument has been laid before and approved by a resolution of the House of Commons.
(10) Without prejudice to any right which the Secretary of State . . . may have under this Act to bring civil proceedings in respect of any contravention or apprehended contravention of any directions under subsection (6) above, the obligations imposed by any such directions shall not give rise to any form of duty or liability enforceable against a passenger service operator by proceedings before any court to which the passenger service operator would not otherwise be subject.
(11) In this section—
“the public service obligations regulations” means the Public Service Obligations in Transport Regulations 2023;
“the railways financial status regulations” means Council Regulation (EEC) No. 1192/69 on common rules with respect to the financial status of railway undertakings.
(12) Expressions used in this section and in Part I above have the same meaning in this section as they have in that Part.
(13) Section 3 of the Railways Act 1974 (which is superseded by this section) shall cease to have effect.
138 Grants and other payments towards facilities for public passenger transport to and from airports, harbours etc.
(1) Section 56 of the Transport Act 1968 (Ministerial grants and local authority payments towards capital expenditure incurred in the provision, improvement or development of facilities for public passenger transport) shall be amended in accordance with the following provisions of this section.
(2) After subsection (2) there shall be inserted—
(2A) Where a relevant local authority proposes to make payments under subsection (2) of this section in respect of any facilities, that authority may enter into an agreement with the Franchising Director under which the Franchising Director undertakes to exercise franchising functions of his, to refrain from exercising such functions, or to exercise such functions in a particular manner, in relation to the use of the facilities in question.
(2B) In subsection (2A) of this section, the following expressions have the following meanings respectively, that is to say—
“the Franchising Director” means the Director of Passenger Rail Franchising;
“franchising functions”, in relation to the Franchising Director, has the same meaning as it has in relation to him in section 54 of the Railways Act 1993;
“relevant local authority” means—
a non-metropolitan county or district council in England or in Wales;
a London borough council or the Common Council of the City of London; or
a regional or islands council in Scotland;
and any reference to a relevant local authority shall be taken to include a reference to any two or more such authorities acting jointly.
(3) That section shall have effect, and be taken always to have had effect, with the insertion after subsection (3) (which prevents the making of any such grants or payments for the purposes of the provision, improvement or development of an airfield, harbour, dock, pier or jetty) of the following subsection—
(3A) Nothing in subsection (3) of this section precludes the making of grants under subsection (1) or payments under subsection (2) thereof for the purposes of the provision, improvement or development of facilities for or in connection with public passenger transport by land to or from an airfield, harbour, dock, pier or jetty.
There shall be paid out of money provided by Parliament—
(a) any administrative expenses incurred by the Secretary of State or the Treasury in consequence of the provisions of this Act; and
(b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.
(1) Any power under this Act to make regulations, and any power of the Secretary of State, the Welsh Ministers or the Scottish Ministers under this Act to make orders (except the power to make provisional or final orders under section 55), shall be exercisable by statutory instrument.
(2) Any statutory instrument—
(a) which contains (whether alone or with other provisions) regulations or an order under this Act made by the Secretary of State, other than an order under section 136(8) above or section 154(2) below, and
(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Any power conferred by this Act to make regulations, and any power conferred by this Act on the Secretary of State, the Welsh Ministers or the Scottish Ministers to make an order (other than a provisional or final order under section 55), includes power, exercisable in the same manner, to make such incidental, supplemental, consequential or transitional provision as may appear necessary or expedient to the authority by whom the power to make the regulations or order is exercisable.
(4) Any power under this Act to make regulations, and any power of the Secretary of State, the Welsh Ministers or the Scottish Ministers under this Act to make an order (other than a provisional or final order under section 55), may be exercised—
(a) in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes or descriptions of case;
(b) so as to make, as respects the cases in relation to which it is exercised, different provision for different cases or for different classes or descriptions of case.
(1) It shall be the duty of any person to whom a direction is given under this Act to comply with and give effect to that direction; . . .. . . .
(2) Without prejudice to any right which any person may have to bring civil proceedings in respect of any contravention or apprehended contravention of any direction given under this Act, compliance with any such direction shall be enforceable by civil proceedings, by the person by whom the direction was given, for an injunction or interdict or for any other appropriate relief.
(3) Any power conferred by this Act to give a direction shall, unless the context otherwise requires, include power to vary or revoke the direction.
(4) Any direction given under this Act shall be in writing.
145 General restrictions on disclosure of information.
(1) Subject to the following provisions of this section, no information with respect to any particular business which—
(a) has been obtained under or by virtue of any of the provisions of this Act; and
(b) relates to the affairs of any individual or to any particular business,
shall, during the lifetime of that individual or so long as that business continues to be carried on, be disclosed without the consent of that individual or the person for the time being carrying on that business.
(2) Subsection (1) above does not apply to any disclosure of information which is made—
(a) for the purpose of facilitating the carrying out by the Secretary of State , the Welsh Ministers, the Scottish Ministers, the Office of Rail and Road, . . . or the Competition and Markets Authority of any of his or, as the case may be, their functions under this Act , the Transport Act 2000 or the Railways Act 2005;
(aa) for the purpose of facilitating the carrying out or carrying on by the Secretary of State , the Welsh Ministers or the Scottish Ministers of any other functions or activities of his or theirs in relation to railways or railway services;
(b) for the purpose of facilitating the carrying out by—
(i) any Minister of the Crown,
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) the Competition and Markets Authority,
(iv) the Office of Communications,
(v) the Director General of Gas Supply,
(vi) the Water Services Regulation Authority,
(vii) the Director General of Electricity Supply,
(viii) the Civil Aviation Authority,
(ix) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or
(x) a local weights and measures authority in Great Britain,
of any of his or, as the case may be, their functions under any of the enactments or instruments specified in subsection (3) below;
(c) for the purpose of enabling or assisting the Secretary of State, the Treasury , the Financial Conduct Authority or the Prudential Regulation Authority to exercise any powers conferred by or under the Financial Services and Markets Act 2000 , by or under the Consumer Credit Act 1974 or by the enactments relating to companies or insolvency;
(ca) for the purpose of enabling or assisting any inspector appointed under enactments relating to companies to carry out his functions;
(d) for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the Insolvency Act 1986 to carry out its functions as such;
(e) for the purpose of facilitating the carrying out by ... the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority, within the meaning of Part I of the Health and Safety at Work etc. Act 1974, of any functions under a relevant statutory provision, within the meaning of that Act;
(ea) for the purpose of facilitating the carrying out by the Office for Nuclear Regulation of any of its functions under any enactment;
(f) for the purpose of facilitating the carrying out by the Comptroller and Auditor General of any of his functions under any enactment;
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ga) for the purpose of facilitating the carrying out by the Office of Rail and Road of any of its functions under—
(i) the Railway (Licensing of Railway Undertakings) Regulations 2005, or
(ii) the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016;
(gb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(gc) for the purpose of facilitating the carrying out by the Office of Rail Regulation of any of its functions, in respect of the tunnel system (within the meaning of the Channel Tunnel Act 1987), under any instrument made for the purpose of implementing Directive 2012/34/EU of the European Parliament and of the Council dated 21st November 2012 establishing a single European railway area;
(h) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings;
(j) for the purposes of any civil proceedings brought under or by virtue of this Act or any of the enactments or instruments specified in subsection (3) below; or
(k) in pursuance of an EU obligation.
(3) The enactments and instruments referred to in subsection (2) above are—
(a) the Trade Descriptions Act 1968;
(b) the Fair Trading Act 1973;
(c) the Consumer Credit Act 1974;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) the Estate Agents Act 1979;
(g) the Competition Act 1980;
(h) the Telecommunications Act 1984;
(j) the Airports Act 1986;
(k) the Gas Act 1986;
(l) the Insolvency Act 1986;
(m) the Consumer Protection Act 1987;
(n) the Electricity Act 1989;
(o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(p) the Water Industry Act 1991;
(q) the Water Resources Act 1991;
(qq) the Competition Act 1998.
(qr) Part I of the Transport Act 2000;
(qs) the Enterprise Act 2002;
(qt) the Communications Act 2003;
(qu) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(r) any subordinate legislation made for the purpose of securing compliance with Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising
(s) Part 1 of the Civil Aviation Act 2012
(t) Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013
(u) the Water Act 2003;
(v) the Water Act 2014;
(w) the following provisions of the Digital Markets, Competition and Consumers Act 2024—
(i) Part 3;
(ii) Chapter 1 of Part 4;
(iii) Chapter 2 of Part 5.
(4) The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such modifications as are specified in the order.
(5) Nothing in subsection (1) above shall be construed—
(a) as limiting the matters which may be published under section 71 above or may be included in, or made public as part of, a report of the Office of Rail and Road, . . . , the Competition and Markets Authority, or the Passengers’ Council under any provision of Part I above;
(b) as applying to any information—
(i) which has been so published or has been made public as part of such a report; or
(ii) which has otherwise been made available to the public by virtue of being disclosed in any circumstances in which, or for any purpose for which, disclosure is not precluded by this section.
(5A) Subsection (1) above does not prevent the transfer of records in accordance with section 3(4) of the Public Records Act 1958.
(6) Any person who discloses any information in contravention of this section is guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(6A) Information obtained by the Office of Rail and Road in the exercise of functions which are exercisable concurrently with the Competition and Markets Authority under Part I of the Competition Act 1998 is subject to Part 9 of the Enterprise Act 2002 (Information) (disclosure) and not to subsections (1) to (6) of this section.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) If any person, in giving any information or making any application under or for the purposes of any provision of this Act, or of any regulations made under this Act, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he is guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(2) No proceedings shall be instituted in England and Wales in respect of an offence under this section except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
147 Offences by bodies corporate or Scottish partnerships.
(1) Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Where a Scottish partnership is guilty of an offence under this Act in Scotland and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(1) Subject to subsection (2) below, summary proceedings for an offence under this Act which is triable either on indictment or summarily may be commenced within a period of six months from the date on which evidence sufficient in the opinion of the procurator fiscal to warrant proceedings came to his knowledge.
(2) No such proceedings shall be commenced by virtue of this section more than three years after the commission of the offence.
(3) For the purposes of this section, a certificate signed by or on behalf of the procurator fiscal and stating the date on which evidence sufficient in his opinion to warrant proceedings came to his knowledge shall be conclusive evidence of that fact.
(4) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
(5) Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (which relates to the date of commencement of proceedings) shall apply for the purposes of this section as it applies for the purposes of that section.
(6) This section extends to Scotland only.
(1) Any document required or authorised by virtue of this Act to be served (whether the expression “serve" or the expression “give" or “send" or any other expression is used) on any person may be served—
(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or
(b) if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary of that body; or
(c) if the person is a partnership, by serving it in accordance with paragraph (a) above on a partner or a person having the control or management of the partnership business.
(2) For the purposes of this section and section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—
(a) in the case of service on a body corporate or its secretary, it shall be the address of the registered or principal office of the body;
(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership;
and for the purposes of this subsection the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
(3) If a person to be served by virtue of this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined in pursuance of subsection (2) above) as the one at which he or someone on his behalf will accept documents of the same description as that document, then, in relation to that document, that address shall be treated as his proper address for the purposes of this section and for the purposes of the said section 7 in its application to this section, instead of that determined in accordance with subsection (2) above.
(4) This section shall not apply to any document in relation to the service of which provision is made by rules of court.
(5) In this section—
“local authority” includes a metropolitan county passenger transport authorityan Integrated Transport Authority for an integrated transport area in England and a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 , a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 and a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
“secretary”, in relation to a local authority, means the proper officer within the meaning of the Local Government Act 1972 or (in relation to a local authority in Scotland) the Local Government (Scotland) Act 1973;
“serve” shall be construed in accordance with subsection (1) above.
149A Service of documents under sections 118 to 120: additional provisions
(1) Any document required or authorised by virtue of sections 118 to 120 or this section of this Act to be given or served by the Secretary of State to or on any person may also be given or served, where—
(a) an address for service using electronic communications has been given by that person and not withdrawn in accordance with subsection (6), and
(b) that person has agreed to accept service by electronic communications of documents in a certain form and has not withdrawn that agreement in accordance with that subsection,
by using electronic communications to send the document in that form to that person at that address.
(2) A document given to or served on a person in accordance with subsection (1) must be in a form sufficiently permanent to be used for subsequent reference.
(3) Where a document is given to or served on a person in accordance with subsection (1), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the time at which the electronic communication is transmitted except where transmission is made outside that person's normal business hours, in which case it is to be taken to have been given or served on the next working day, and in this subsection, “working day” means any day other than—
(a) a Saturday or a Sunday;
(b) Christmas Day or Good Friday; or
(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.
(4) A document required or authorised by virtue of sections 118 to 120 of this Act to be given or served by the Secretary of State is also to be treated as given or served where—
(a) that person and the Secretary of State have agreed to his having access to documents of a particular description and in a certain form on a web site (instead of their being given to or served on him in any other way specified in this section or section 149);
(b) that person has not withdrawn his agreement in accordance with subsection (7);
(c) the document in question is a document to which the agreement applies;
(d) the Secretary of State has given that person a notice, in a manner agreed between them for the purpose—
(i) stating that the document has been published on a web site maintained by or on behalf of the Secretary of State;
(ii) setting out the address of that web site; and
(iii) setting out the place on that web site where the document may be accessed and how it may be accessed by that person; and
(e) the published document is in a form sufficiently permanent to be used for subsequent reference.
(5) Where a document is given to or served on a person in accordance with subsection (4), the document is, unless the contrary is proved, to be deemed to have been given to or served on that person at the same time as the notice required to be given under subsection (4)(d) is given.
(6) A person who has supplied the Secretary of State with an address for service using electronic communications and has agreed to accept service of documents in a certain form in accordance with subsection (1) may give notice to the Secretary of State withdrawing that address or that agreement or both.
(7) A person who has an agreement with the Secretary of State under subsection (4)(a) may give notice to the Secretary of State withdrawing that agreement.
(8) A withdrawal under subsection (6) or (7) shall take effect on the later of—
(a) the date specified by the person in the notice; and
(b) the date which is fourteen days after the date on which the notice is given.
(9) Oral notice is not sufficient for the purposes of subsection (6) or (7).
(10) This section shall not apply to any document in relation to the service of which provision is made by the rules of the court.
(11) In this section—
“address”, in relation to electronic communications, means any number or address used for the purposes of such communications;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7).
(1) The following provisions of this Act bind the Crown—
(a) sections 17 to 22C;
(b) sections 55(1) to (7) and (9) to (11), sections 56 and 57 and section 58(1) to (3), (6) and (7);;
(c) sections 59 to 62;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) subject to, and in accordance with, section 48 of the Health and Safety at Work etc. Act 1974, section 117 (other than subsection (5)) so far as affecting or relating to provisions of, or regulations under, Part I of that Act which bind the Crown;
(f) section 118, except subsections (7) and (8);
(g) sections 119 to 121, except sections 120(4) and (5) and 121(4) to (6);
(h) section 122;
(j) section 144, so far as relating to other provisions of this Act which bind the Crown;
(k) Schedule 4;
(l) Schedule 6, to the extent that it applies, amends or modifies the operation of provisions of the Insolvency Act 1986 which bind the Crown so far as affecting or relating to the matters specified in paragraphs (a) to (e) of section 434 of that Act;
(m) Schedule 7;
(n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(o) the amendments and repeals made by Schedules 12 and 14, to the extent that the enactments to which they relate bind the Crown.
(2) Nothing in subsection (1) above so far as relating—
(a) to sections 55 to 58 above, or
(b) to section 144 above, so far as relating to those sections,
shall authorise proceedings to be brought against Her Majesty in her private capacity.
(3) Subsection (2) above shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) In this Act, unless the context otherwise requires—
“the Authority” means the Strategic Rail Authority;
“the Board” means the British Railways Board;
“body corporate” has the meaning given by section 1173(1) of the Companies Act 2006;
“company” means any body corporate;
“contravention”, in relation to any direction, condition, requirement, regulation or order, includes any failure to comply with it and cognate expressions shall be construed accordingly;
“debentures” includes debenture stock;
“the Franchising Director” means the Director of Passenger Rail Franchising;
“functions” includes powers, duties and obligations;
“local authority” means any county council, county borough council, district council, ... or London borough council, the Common Council of the City of London, the Council of the Isles of Scilly or any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“modifications” includes additions, alterations and omissions and cognate expressions shall be construed accordingly;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“notice” means notice in writing;
“publicly owned railway company” means a company which is wholly owned by the Crown and which carries on, or is to carry on,—
an undertaking derived, or to be derived, (whether wholly or partly and whether directly or indirectly) from, or from some part of, an undertaking carried on by the Board or a wholly owned subsidiary of the Board; or
an undertaking in the course of which the company uses, or will use, any property, rights or liabilities acquired, or to be acquired, (whether directly or indirectly) from the Board or a wholly owned subsidiary of the Board;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“securities” has the meaning given by section 102A(2) of the Financial Services and Markets Act 2000;
“shares” includes stock;
“subsidiary” has the meaning given by section 1159 of the Companies Act 2006;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“wholly owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.
(2) For the purposes of this Act, a company shall be regarded as “wholly owned by the Crown” at any time when it has no members other than—
(a) the Secretary of State, the Authority or a Government department,
(b) a company which is itself wholly owned by the Crown, or
(c) a person acting on behalf of the Secretary of State, the Authority, a Government department or such a company.
(3) For the purposes of this Act, a company shall be regarded as “wholly owned by the Authority” at any time when it has no members other than—
(a) the Authority,
(b) a company which is itself wholly owned by the Authority, or
(c) a person acting on behalf of the Authority or such a company.
(4) Any consent or approval under or by virtue of this Act shall be given in writing.
(5) For the purposes of this Act any class or description may be framed by reference to any matters or circumstances whatever.
(6) Nothing in this Act affects the operation of the Transfer of Undertakings (Protection of Employment) Regulations 1981, in their application in relation to the transfer of an undertaking, or part of an undertaking, within the meaning of those Regulations.
(7) Nothing in this Act, and nothing done under it, shall prejudice or affect the operation of any of the relevant statutory provisions (whenever made) as defined in Part I of the Health and Safety at Work etc. Act 1974.
(8) Subsection (7) above is without prejudice to section 117 above.
(9) The provisions of section 3 of the Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) shall not apply in relation to any determination under this Act made by an arbiter.
152 Minor and consequential amendments, transitional provisions and repeals.
(1) The enactments mentioned in Schedule 12 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on provisions of this Act).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The enactments mentioned in Schedule 14 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.
153 Power to make consequential modifications in other Acts etc.
(1) The Secretary of State may by order make such modifications of existing provisions as appear to him to be necessary or expedient in consequence of the provisions of this Act, or of any instrument made under or by virtue of this Act, being modifications in respect of—
(a) any reference in an existing provision to the Board or any subsidiary of the Board;
(b) any reference (in whatever terms) in an existing provision to any railway, railway service or railway undertaking;
(c) any reference (in whatever terms) in an existing provision to any person who—
(i) provides a railway service, or
(ii) carries on a railway undertaking,
or who is authorised to do so under or by virtue of any enactment;
(d) any reference in an existing provision to any enactment amended or repealed by or under this Act;
(e) any existing provision, so far as appearing to the Secretary of State to be of no further practical utility, having regard to the provisions of this Act;
(f) any other inconsistency between an existing provision and this Act.
(2) In this section—
“existing provision” means a provision contained in any Act (whether public general or local) passed, or in subordinate legislation made, before the relevant date;
“railway” has its wider meaning, within the meaning of Part I above;
“railway service” has the same meaning as in Part I above;
“the relevant date”, in relation to any modification, means the date of the coming into force of the provision of this Act on which the modification is consequential;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
(1) This Act may be cited as the Railways Act 1993.
(2) Except for section 1 and Schedule 1 (which come into force on the passing of this Act), this Act shall come into force on such day as may be specified in an order made by the Secretary of State; and different days may be so specified—
(a) for different provisions;
(b) for different purposes of the same provision; and
(c) for different areas within the United Kingdom.
(3) The following provisions of this Act extend to Northern Ireland—
(a) section 36(1), (4) and (5);
(b) subsections (1), (2), (4) and (5) of section 66;
(c) sections 124 and 129(3);
(d) section 131;
(e) section 134;
(f) sections 143, 144, 146, 147(1) and (2) and 149 to 152, so far as relating to provisions of this Act which so extend;
(g) section 153;
(h) this section;
(j) paragraphs 6, 7 and 8 of Schedule 1, paragraph 10 of Schedule 2 and paragraph 9 of Schedule 3;
(k) Schedules 8 and 9;
(l) Schedule 11;
(m) the amendments and repeals made by Schedules 12 and 14, other than those relating to—
(i) section 6 of the Regulation of Railways Act 1889,
(ii) the Railway Fires Act 1905, and
(iii) the Railway Fires Act (1905) Amendment Act 1923,
to the extent that the enactments to which they relate so extend.
(4) Except as provided in subsection (3) above, this Act does not extend to Northern Ireland.
Remuneration, pensions etc.
1 (1) There shall be paid to a holder of the office of the Regulator . . . such remuneration, and such travelling and other allowances, as the Secretary of State may determine.
(2) In the case of any such holder of the office of the Regulator . . . as may be determined by the Secretary of State, there shall be paid such pension, allowance or gratuity to or in respect of him, or such contributions or payments towards provision for such a pension, allowance or gratuity, as may be so determined.
(3) If, when any person ceases to hold office as the Regulator . . ., the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him a sum by way of compensation of such amount as may be determined by the Secretary of State.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff
2 (1) The Regulator . . . may . . ., with the approval of the Treasury as to numbers and terms and conditions of service, appoint such staff as the Regulator, . . ., may determine.
(2) Where a person who is, by reference to his employment as a member of the staff of the Regulator . . ., a participant in a scheme under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc) becomes a holder of the office of the Regulator . . ., the Treasury may determine that his term of office as such shall be treated for the purposes of the scheme as employment in the civil service of the State (whether or not any benefits are payable to or in respect of him by virtue of paragraph 1(2) above).
Expenses of the Regulator, . . . and . . . staff
3 There shall be paid out of money provided by Parliament—
(a) the remuneration of, and any travelling or other allowances payable under this Act to, the Regulator . . . or to any staff of the Regulator . . .;
(b) except as otherwise provided by this Act, any sums payable under this Act to or in respect of the Regulator . . .; and
(c) except as otherwise provided by this Act, any expenses duly incurred by the Regulator . . ., or by any staff of the Regulator . . ., in consequence of the provisions of this Act.
Official seal
4 The Regulator . . . shall . . . have an official seal for the authentication of documents required for the purposes of his functions.
Performance of functions
5 Anything authorised or required by or under this Act or any other enactment to be done by the Regulator . . . may be done by any member of the staff of the Regulator . . . who is authorised generally or specially in that behalf by the Regulator . . ..
Documentary evidence
6 The Documentary Evidence Act 1868 shall have effect as if—
(a) the Regulator . . . were . . . included in the first column of the Schedule to that Act;
(b) the Regulator, . . . and any person authorised to act on behalf of the Regulator . . . were mentioned in the second column of that Schedule; and
(c) the regulations referred to in that Act included any document issued by the Regulator, . . . or any such person.
The Parliamentary Commissioner
7 In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation) the following entries shall be inserted at the appropriate places—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) “ The Rail Regulator ”.
Parliamentary disqualification etc.
8 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975, the following entries shall be inserted at the appropriate places—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) “ The Rail Regulator ”.
Section 2.
Preliminary
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remuneration of, and allowances for, members
2 There shall be paid to the chairman and other members of a Rail Passengers’ Committee such remuneration, and such travelling and other allowances, as the Authority may . . . determine.
2A If a person ceases to hold office as chairman or another member of a Rail Passengers’ Committee by reason of the abolition of the Committee before his term of office would otherwise have expired, the Authority may, if it determines that there are special circumstances which make it right that he should receive compensation, pay to him such compensation as may be determined by the Authority.
Allowances for other members
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administration etc.
4 The Authority shall make arrangements for a Rail Passengers’ Committee to be provided with office accommodation and with such services as he considers appropriate to enable them to carry out their functions.
Proceedings
5 (1) Subject to the following provisions of this paragraph and paragraph 6 below, a Rail Passengers’ Committee may regulate their own procedure, including quorum.
(2) A Rail Passengers’ Committee shall meet when convened by the chairman, and in any case shall meet at least twice a year.
(3) Without prejudice to the discretion of the chairman to call a meeting whenever he thinks fit, he shall call a meeting when required to do so by any three members of a Rail Passengers’ Committee.
(4) Minutes shall be kept of the proceedings at every meeting of a Rail Passengers’ Committee; and copies of those minutes shall be sent to the Rail Passengers’ Council and the Authority.
(5) A Rail Passengers’ Committee shall have regard to any general recommendations which the Rail Passengers’ Council may from time to time make with respect to any matter affecting the procedure or functions of Rail Passengers’ Committees.
(6) The validity of any proceedings of a Rail Passengers’ Committee shall not be affected by any vacancy amongst the members or by any defect in the appointment of a member.
Admission of public to meetings
6 (1) Subject to sub-paragraph (2) below, meetings of a Rail Passengers’ Committee shall be open to the public.
(2) The public shall be excluded during any item of business where—
(a) it is likely, were members of the public to be present during that item, that information furnished in confidence to the committee by the the Office of Rail Regulation or the Authority would be disclosed in breach of the obligation of confidence;
(b) a Rail Passengers’ Committee have resolved that, by reason of the confidential nature of the item or for other special reasons stated in the resolution, it is desirable in the public interest that the public be excluded;
(c) it is likely, were members of the public to be present during that item, that there would be disclosed to them—
(i) any matter which relates to the affairs of an individual, or
(ii) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, or
(d) the circumstances are such as are specified in, or determined by resolution of a Rail Passengers’ Committee in accordance with, an order made by the Secretary of State.
where public disclosure of that matter would or might, in the opinion of a Rail Passengers’ Committee, seriously and prejudicially affect the interests of that individual or body.
(3) A Rail Passengers’ Committee shall give such notice—
(a) of any meeting of a Rail Passengers’ Committee which is open to the public, and
(b) of the business to be taken at that meeting (other than items during which the public is to be excluded),
as they consider appropriate for the purpose of bringing the meeting to the attention of interested members of the public.
Sub-committees
7 (1) A Rail Passengers’ Committee may, . . .—
(a) establish local and other sub-committees through which a Rail Passengers’ Committee may carry out such of their functions as they may determine;
(b) appoint such persons (including persons who are not members of a Rail Passengers’ Committee) to be members of any such sub-committee as they may determine; and
(c) regulate the procedure of any such sub-committee.
(2) Persons appointed under sub-paragraph (1) above who are not members of a Rail Passengers’ Committee may be reimbursed for their travelling expenses and such of their out-of-pocket expenses as do not relate to loss of remuneration.
Financial provisions
8 (1) There shall be paid by the Authority—
(a) any sums payable to or in respect of any person under paragraph 2 . . . or 7 above; and
(b) any expenses incurred by a Rail Passengers’ Committee (provided that the Rail Passengers’ Committee complied with their financial duties in incurring them).
(2) The Authority may determine the financial duties of Rail Passengers’ Committees; and different determinations may be made for different functions of Rail Passengers’ Committees.
(3) The Authority shall give a Rail Passengers’ Committee notice of every determination of their financial duties; and such a determination may—
(a) relate to a period beginning before, on or after the date on which it is made;
(b) contain supplementary provisions; and
(c) be varied by a subsequent determination.
Amendment of other Acts
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3.
Preliminary
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remuneration of, and allowances for, members
2 There shall be paid to the chairman and other members of the Rail Passengers’ Council such remuneration, and such travelling and other allowances, as the Authority may . . . determine.
Allowances for other members
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administration etc.
4 The Authority shall make arrangements for the Rail Passengers’ Council to be provided with office accommodation and with such services as he considers appropriate to enable them to carry out their functions.
Proceedings
5 (1) Subject to the following provisions of this paragraph and paragraph 6 below, the Rail Passengers’ Council may regulate their own procedure, including quorum.
(2) The Rail Passengers’ Council shall meet when convened by the chairman, and in any case shall meet at least twice a year.
(3) Without prejudice to the discretion of the chairman to call a meeting whenever he thinks fit, he shall call a meeting when required to do so by any three members of the Rail Passengers’ Council.
(4) Minutes shall be kept of the proceedings at every meeting of the Rail Passengers’ Council; and copies of those minutes shall be sent to the Secretary of State and the Authority.
(5) A person who is a member of the Rail Passengers’ Council by virtue of being the chairman of a Rail Passengers’ Committee may appoint another member of that Rail Passengers’ Committee to attend any meeting of the committee in his stead.
(6) The validity of any proceedings of the committee shall not be affected by any vacancy amongst the members or by any defect in the appointment of a member.
Admission of public to meetings
6 (1) Subject to sub-paragraph (2) below, meetings of the Rail Passengers’ Council shall be open to the public.
(2) The public shall be excluded during any item of business where—
(a) it is likely, were members of the public to be present during that item, that information furnished in confidence to the Rail Passengers’ Council by the the Office of Rail Regulation or the Authority would be disclosed in breach of the obligation of confidence;
(b) the Rail Passengers’ Council have resolved that, by reason of the confidential nature of the item or for other special reasons stated in the resolution, it is desirable in the public interest that the public be excluded;
(c) it is likely, were members of the public to be present during that item, that there would be disclosed to them—
(i) any matter which relates to the affairs of an individual, or
(ii) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate, or
(d) the circumstances are such as are specified in, or determined by a resolution of the Rail Passengers’ Council in accordance with, an order made by the Secretary of State.
where public disclosure of that matter would or might, in the opinion of the Rail Passengers’ Council, seriously and prejudicially affect the interests of that individual or body.
(3) The Rail Passengers’ Council shall give such notice—
(a) of any meeting of the Rail Passengers’ Council which is open to the public, and
(b) of the business to be taken at that meeting (other than items during which the public is to be excluded),
as they consider appropriate for the purpose of bringing the meeting to the attention of interested members of the public.
Sub-committees
7 (1) The Rail Passengers’ Council may . . . —
(a) establish committees through which the Rail Passengers’ Council may carry out such of their functions as they may determine;
(b) appoint such persons (including persons who are not members of the Rail Passengers’ Council) to be members of any such committee as they may determine; and
(c) regulate the procedure of any such committee.
(2) Persons appointed under sub-paragraph (1) above who are not members of the Rail Passengers’ Council may be reimbursed for their travelling expenses and such of their out-of-pocket expenses as do not relate to loss of remuneration.
Financial provisions
8 (1) There shall be paid by the Authority—
(a) any sums payable to or in respect of any person under paragraph 2 . . . or 7 above; and
(b) any expenses incurred by the Rail Passengers’ Council (provided that the Rail Passengers’ Council complied with their financial duties in incurring them).
(2) The Authority may determine the financial duties of the Rail Passengers’ Council; and different determinations may be made for different functions of the Rail Passengers’ Council.
(3) The Authority shall give the Rail Passengers’ Council notice of every determination of its financial duties; and such a determination may—
(a) relate to a period beginning before, on or after the date on which it is made;
(b) contain supplementary provisions; and
(c) be varied by a subsequent determination.
Amendment of other Acts
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .