Railways Act 2005

Transfer etc. of functions relating to enforcement E+W+S

21 (1) Section 55 of the 1993 Act (orders for securing compliance) is amended as follows. E+W+S

(2) In subsections (1), (2) and (4), for “(5B)”, in each place, substitute “ (5C) ”.

(3) In subsection (5), omit “or, as the case may be, section 207 of the Transport Act 2000”.

(4) In subsection (5ZA)—

(a) for “The Authority shall not” substitute “ Neither the Secretary of State nor the Scottish Ministers shall ”;

(b) in paragraph (a), for “it has” and “the Authority” substitute, respectively “ the Secretary of State has or (as the case may be) those Ministers have ” and “him or them”; and

(c) in paragraph (c), for “the Authority” substitute “ the Secretary of State or (as the case may be) the Scottish Ministers ”.

(5) After subsection (5B) insert—

“(5C) Neither the Secretary of State nor the Scottish Ministers shall be required, in respect of any contravention or apprehended contravention of the terms of a franchise agreement, to make a final order, or to make or to confirm a provisional order, if he considers or (as the case may be) they consider—

(a) that the contravention or apprehended contravention is trivial; and

(b) that it would be inappropriate, for that reason, to make or to confirm the order.

(5D) The appropriate authority must comply with subsection (6)—

(a) in a case where the appropriate authority is the Secretary of State or the Scottish Ministers, if that authority decides not to make a final order, or not to make or to confirm a provisional order, because of provision contained in subsection (5) or (5ZA) above; or

(b) in the case of the Office of Rail Regulation, if it decides not to make a final order, or not to make or to confirm a provisional order, because of provision contained in subsection (5), (5A) or (5B) above.”

(6) In subsection (6) (notice of decisions), for the words from the beginning to the end of paragraph (a) substitute—

“(6) Where the appropriate authority must comply with this subsection, it must—

(a) serve notice of its decision on the relevant operator; and”.

(7) In subsection (7A), for “to the Authority in the event of any specified contravention of the order such” substitute “in the event of a specified contravention of the order—

(a) in the case of an order made by the Scottish Ministers, to them, and

(b) in any other case, to the Secretary of State,

such ”.

(8) In subsection (10)—

(a) in paragraph (a) of the definition of “the appropriate authority”, omit “apart from a condition which relates to consumer protection,”;

(b) for paragraph (b) substitute—

“(aa) in relation to any relevant condition or requirement in the case of—

(i) a franchisee under a Scottish franchise agreement,

(ii) a franchise operator in relation to such an agreement, or

(iii) a person under Scottish closure restrictions,

the Scottish Ministers; and

(b) in relation to any relevant condition or requirement in the case of—

(i) a franchisee not falling within paragraph (aa)(i),

(ii) a franchise operator not falling within paragraph (aa)(ii), or

(iii) a person under closure restrictions that are not Scottish closure restrictions,

the Secretary of State;”.

Commencement Information

I1 Sch. 1 para. 21(1) in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.

I2 Sch. 1 para. 21(1) in force at 16.10.2005 for specified purposes by S.I. 2005/2812, art. 2(1), Sch. 1

I3 Sch. 1 para. 21(1) in force at 1.12.2006 in so far as not already in force by S.I. 2006/2911, art. 2, Sch.

I4 Sch. 1 para. 21(2) in force at 24.7.2005 by S.I. 2005/1909, art. 2, Sch.

I5 Sch. 1 para. 21(3) in force at 1.12.2006 by S.I. 2006/2911, art. 2, Sch.

I6 Sch. 1 para. 21(4)-(8) in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.

I7 Sch. 1 para. 21(4)-(8) in force at 16.10.2005 for specified purposes by S.I. 2005/2812, art. 2(1), Sch. 1

I8 Sch. 1 para. 21(4)-(8) in force at 1.12.2006 in so far as not already in force by S.I. 2006/2911, art. 2, Sch.

22 E+W+S In section 56(2A) of the 1993 Act (procedural requirements for section 55 orders), for the words from “Authority”, where first occurring, to the end of the subsection substitute “ Secretary of State and on the Scottish Ministers. ”

Commencement Information

I9 Sch. 1 para. 22 in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.

I10 Sch. 1 para. 22 in force at 16.10.2005 for specified purposes by S.I. 2005/2812, art. 2(1), Sch. 1

I11 Sch. 1 para. 22 in force at 1.12.2006 in so far as not already in force by S.I. 2006/2911, art. 2, Sch.

23 (1) Section 57A of the 1993 Act (penalties) is amended as follows. E+W+S

(2) In subsection (2), for “to the Authority” substitute—

“(a) in the case of a penalty imposed by the Scottish Ministers, to them; and

(b) in any other case, to the Secretary of State”.

(3) In subsection (5)—

(a) for “The Authority shall not” substitute “ Neither the Secretary of State nor the Scottish Ministers shall ”;

(b) in paragraph (a), for “it has” and “the Authority” substitute, respectively, “ the Secretary of State has or (as the case may be) those Ministers have ” and “ him or them ”; and

(c) in paragraph (c), for “the Authority” substitute “ the Secretary of State or (as the case may be) the Scottish Ministers ”.

Commencement Information

I12 Sch. 1 para. 23 in force at 1.12.2006 in so far as not already in force by S.I. 2006/2911, art. 2, Sch.

I13 Sch. 1 para. 23(1) in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.

I14 Sch. 1 para. 23(1) in force at 16.10.2005 for specified purposes by S.I. 2005/2812, art. 2(1), Sch. 1

I15 Sch. 1 para. 23(2)(3) in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.

I16 Sch. 1 para. 23(2)(3) in force at 16.10.2005 for specified purposes by S.I. 2005/2812, art. 2(1), Sch. 1

24 (1) In section 57B of the 1993 Act— E+W+S

(a) for “Authority”, wherever occurring, substitute “ Secretary of State, the Scottish Ministers ”; and

(b) in subsections (3) and (4), after “statement of” insert “ his, their or ”.

(2) The fact that a statement of policy has not been published by the Secretary of State, by the Scottish Ministers or by the [F1 Office of Rail and Road] under section 57B of the 1993 Act does not affect—

(a) the validity of any decision to impose a penalty under section 57A;

(b) any determination of the amount of any such penalty;

(c) the inclusion in a final or provisional order of any requirement to pay a sum; or

(d) any determination of the amount of the sum payable in accordance with such an order.

Textual Amendments

F1 Words in Sch. 1 para. 24(2) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 3(r)

Modifications etc. (not altering text)

C1 Sch. 1 para. 24(2) applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), Sch. 3 para. 1(h)

Commencement Information

I17 Sch. 1 para. 24(1) in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.

I18 Sch. 1 para. 24(1) in force at 16.10.2005 for specified purposes by S.I. 2005/2812, art. 2(1), Sch. 1

I19 Sch. 1 para. 24(1) in force at 1.12.2006 in so far as not already in force by S.I. 2006/2911, art. 2, Sch.

I20 Sch. 1 para. 24(2) in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.

I21 Sch. 1 para. 24(2) in force at 16.10.2005 in so far as not already in force by S.I. 2005/2812, art. 2(1), Sch. 1

25 E+W+S In section 57C(3) of the 1993 Act (service of penalty notices), for the words from “Authority”, where first occurring, to the end of the subsection substitute “ Secretary of State and on the Scottish Ministers. ”

Commencement Information

I22 Sch. 1 para. 25 in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.

I23 Sch. 1 para. 25 in force at 16.10.2005 in so far as not already in force by S.I. 2005/2812, art. 2(1), Sch. 1

I24 Sch. 1 para. 25 in force at 1.12.2006 in so far as not already in force by S.I. 2006/2911, art. 2, Sch.

26 (1) This paragraph applies to things done under or for the purposes of any provision of sections 55 to 58 of the 1993 Act (enforcement) so far as they were done before the commencement of this paragraph by or in relation to the Strategic Rail Authority as the appropriate authority. E+W+S

(2) In relation to times after the commencement of this paragraph, those things shall have effect, so far as necessary for giving them continuing validity or effect—

(a) so far as they are things done by or in relation to the Strategic Rail Authority as the appropriate authority in relation to a condition relating to consumer protection, as if they were done by or in relation to the Secretary of State or the Scottish Ministers, as the case may require; and

(b) in any other case, as if they were done by or in relation to the [F2 Office of Rail and Road].

Textual Amendments

F2 Words in Sch. 1 para. 26(2)(b) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 3(r)

Commencement Information

I25 Sch. 1 para. 26 in force at 24.7.2005 for specified purposes by S.I. 2005/1909, art. 2, Sch.

I26 Sch. 1 para. 26 in force at 16.10.2005 in so far as not already in force by S.I. 2005/2812, art. 2(1), Sch. 1

I27 Sch. 1 para. 26 in force at 1.12.2006 in so far as not already in force by S.I. 2006/2911, art. 2, Sch.