Railways Act 1993

1. Introductory Text

2. Part I The Provision of Railway Services

   1. Introductory

      1. 1. The Rail Regulator and the Director of Passenger Rail Franchising

      2. 2. Rail users' consultative committees

      3. 3. The Central Rail Users' Consultative Committee

      4. 4. General duties of the Secretary of State and the Regulator

      5. 5. General duties of the Franchising Director

   2. Licensing of operators of railway assets

      1. 6. Prohibition on unauthorised operators of railway assets

      2. 7. Exemptions from section 6

      3. 8. Licences

      4. 9. Conditions of licences: general

      5. 10. Conditions of licences: activities carried on by virtue of a licence exemption

      6. 11. Assignment of licences

   3. Modification of licences

      1. 12. Modification by agreement

      2. 13. Modification references to the Monopolies Commission

      3. 14. Reports on modification references

      4. 15. Modification following report

      5. 16. Modification by order under other enactments

   4. Access agreements

      1. 17. Access agreements: directions requiring facility owners to enter into contracts for the use of their railway facilities

      2. 18. Access agreements: contracts requiring the approval of the Regulator

      3. 19. Access agreements: contracts for the use, on behalf of the Franchising Director, of installations comprised in a network

      4. 20. Exemption of railway facilities from sections 17 and 18

      5. 21. Model clauses for access contracts

      6. 22. Amendment of access agreements

   5. Franchising of passenger services

      1. 23. Passenger services to be subject to franchise agreements

      2. 24. Exemption of passenger services from section 23(1)

      3. 25. Public sector operators not to be franchisees

      4. 26. Invitations to tender for franchises

      5. 27. Transfer of franchise assets and shares

      6. 28. Fares and approved discount fare schemes

      7. 29. Other terms and conditions of franchise agreements

      8. 30. Failure to secure subsequent franchise agreement

      9. 31. Leases granted in pursuance of franchise agreements: no security of tenure

   6. Passenger Transport Authorities and Executives

      1. 32. Power of Passenger Transport Executives to enter into agreements with wholly owned subsidiaries of the Board

      2. 33. Re-negotiation of section 20(2) agreements as a result of this Act

      3. 34. Passenger Transport Authorities and Executives: franchising

      4. 35. Termination and variation of section 20(2) agreements by the Franchising Director

      5. 36. Miscellaneous amendments of the Transport Act 1968

   7. Closures

      1. 37. Proposals to discontinue non-franchised etc. passenger services

      2. 38. Proposals to discontinue franchised etc. passenger services

      3. 39. Notification of proposals to close operational passenger networks

      4. 40. Proposals to close passenger networks operated on behalf of the Franchising Director

      5. 41. Notification of proposals to close railway facilities used in connection with passenger services

      6. 42. Proposals to close passenger railway facilities operated on behalf of the Franchising Director

      7. 43. Notification to, and functions of, the Regulator and the relevant consultative committees

      8. 44. Reference to the Secretary of State of decisions of the Regulator concerning proposed closures

      9. 45. Closure conditions: general

      10. 46. Variation of closure conditions

      11. 47. Bus substitution services etc

      12. 48. Experimental railway passenger services

      13. 49. Abolition of former closure procedures, exemptions from new procedures and imposition of alternative procedure

      14. 50. Exclusion of liability for breach of statutory duty

   8. Supplementary powers of the Franchising Director etc.

      1. 51. Performance of the Franchising Director’s duties to secure the provision of services etc

      2. 52. Contracts between the Franchising Director and the Board etc. for the provision of non-franchised railway passenger services

      3. 53. Powers of the Franchising Director to form and finance companies and to acquire and dispose of assets

      4. 54. Exercise of functions for purpose of encouraging investment in the railways

   9. Enforcement by the Regulator and the Franchising Director

      1. 55. Orders for securing compliance

      2. 56. Procedural requirements

      3. 57. Validity and effect of orders

      4. 58. Power to require information etc

   10. Railway administration orders, winding up and insolvency

       1. 59. Meaning and effect of railway administration order

       2. 60. Railway administration orders made on special petitions

       3. 61. Restriction on making winding-up order in respect of protected railway company

       4. 62. Restrictions on voluntary winding up and insolvency proceedings in the case of protected railway companies

       5. 63. Government financial assistance where railway administration orders made

       6. 64. Guarantees under section 63

       7. 65. Meaning of “company” and application of provisions to unregistered, foreign and other companies

   11. Consumer protection

       1. 66. Amendments of the Fair Trading Act 1973

       2. 67. Respective functions of the Regulator and the Director General of Fair Trading, and functions of the Monopolies Commission

   12. Other functions of the Regulator

       1. 68. Investigatory functions

       2. 69. General functions

       3. 70. Code of practice for protection of interests of rail users who are disabled

       4. 71. Publication of information and advice

   13. Registers and reports of the Regulator and the Franchising Director

       1. 72. Keeping of register by the Regulator

       2. 73. Keeping of register by the Franchising Director

       3. 74. Annual and other reports of the Regulator

       4. 75. Annual reports of the Franchising Director

   14. The Central Committee and the consultative committees

       1. 76. General duties of the Central Committee

       2. 77. General duties of consultative committees

       3. 78. Functions under section 56 of the Transport Act 1962

       4. 79. Annual reports by the Central Committee and the consultative committees

   15. Information

       1. 80. Duty of certain persons to furnish information to the Franchising Director on request

   16. Interpretation

       1. 81. Meaning of “railway”

       2. 82. Meaning of “railway services” etc

       3. 83. Interpretation of Part I

3. Part II Re-organisation of the Railways

   1. New companies, transfer schemes and disposals

      1. 84. Powers of the Board to form companies

      2. 85. Powers of the Board to make transfer schemes

      3. 86. Powers of the Franchising Director to make transfer schemes

      4. 87. Transfer to the Secretary of State or the Franchising Director of the Board’s function of making transfer schemes

      5. 88. Transfers of interests in certain companies: provisions supplemental to sections 84 to 87

      6. 89. Disposals by the Board and its subsidiaries

      7. 90. Directions to the Board about the exercise of rights conferred by holdings in companies

   2. Transfer schemes: supplemental provision

      1. 91. Transfer schemes: general

      2. 92. Functions under local or private legislation etc

      3. 93. Assignment of employees to particular parts of undertakings

      4. 94. Accounting provisions

      5. 95. Power of the Secretary of State or the Franchising Director to require provision of information in connection with transfer schemes

      6. 96. Functions of the Secretary of State in relation to transfer schemes

      7. 97. Supplementary provisions as to transfers by transfer scheme

   3. Ownership of successor companies

      1. 98. Initial share holding in successor companies

      2. 99. Government investment in securities of successor companies

      3. 100. Exercise of functions through nominees

      4. 101. Target investment limit for Government shareholding in certain successor companies

   4. Finances of successor companies

      1. 102. Temporary restrictions on borrowings etc

      2. 103. Government lending to certain successor companies

      3. 104. Treasury guarantees for loans made to certain successor companies

      4. 105. Grants to certain successor companies

      5. 106. Extinguishment of certain liabilities of successor companies

   5. Provisions with respect to flotation

      1. 107. Responsibility for composite listing particulars of certain licensed successor companies

      2. 108. Application of Trustee Investments Act 1961 in relation to investment in certain licensed successor companies

   6. Other financial provisions

      1. 109. Grants to the Board

      2. 110. Application of sections 19 to 21A of the Transport Act 1962 to wholly owned subsidiaries of the Board

      3. 111. Financial limits on loans

   7. Stamp duty and stamp duty reserve tax

      1. 112. Stamp duty and stamp duty reserve tax

   8. Supplemental

      1. 113. Objectives of the Secretary of State and corresponding duties of the Board

      2. 114. The Secretary of State, the Franchising Director and the Board not to be regarded as shadow directors of certain railway companies etc

      3. 115. Parliamentary disqualification

      4. 116. Interpretation of Part II

4. Part III Miscellaneous, General and Supplemental Provisions

   1. Safety, emergencies, security etc.

      1. 117. Safety of railways and other guided transport systems

      2. 118. Control of railways in time of hostilities, severe international tension or great national emergency

      3. 119. Security: power of Secretary of State to give instructions

      4. 120. Security: enforcement notices

      5. 121. Security: inspections

   2. Statutory authority

      1. 122. Statutory authority as a defence to actions in nuisance etc

   3. Miscellaneous and general

      1. 123. No person to be common carrier by railway

      2. 124. Carriage of mail by railway

      3. 125. Railway heritage

      4. 126. General duties and powers of the Board

      5. 127. Power of the Board to provide business support services for other operators

      6. 128. Amendment of section 13 of the Transport Act 1962

      7. 129. Bye-laws

      8. 130. Penalty fares

      9. 131. Modification of Restrictive Trade Practices Act 1976

   4. Transport police

      1. 132. Schemes for the organisation etc. of transport police

      2. 133. Terms and conditions of employment of transport police

   5. Pensions and other benefits

      1. 134. Pensions

      2. 135. Concessionary travel for railway staff etc

   6. Financial provisions

      1. 136. Grants and subsidies

      2. 137. Payments by the Secretary of State in respect of track access charges in connection with railway goods services

      3. 138. Grants and other payments towards facilities for public passenger transport to and from airports, harbours etc

      4. 139. Grants to assist the provision of facilities for freight haulage by railway

      5. 140. Grants to assist the provision of facilities for freight haulage by inland waterway

      6. 141. Financial assistance for employees seeking to acquire franchises or parts of the Board’s undertaking etc

      7. 142. General financial provisions

   7. Supplemental

      1. 143. Regulations and orders

      2. 144. Directions

      3. 145. General restrictions on disclosure of information

      4. 146. Making of false statements etc

      5. 147. Offences by bodies corporate or Scottish partnerships

      6. 148. Proceedings in Scotland

      7. 149. Service of documents

      8. 150. Crown application

      9. 151. General interpretation

      10. 152. Minor and consequential amendments, transitional provisions and repeals

      11. 153. Power to make consequential modifications in other Acts etc

      12. 154. Short title, commencement and extent

5. 1. Schedule 1

      The Regulator and the Franchising Director.

   2. Schedule 2

      Rail users' consultative committees.

   3. Schedule 3

      The Central Rail Users' Consultative Committee.

   4. Schedule 4

      Access agreements: applications for access contracts.

   5. Schedule 5

      Alternative closure procedure.

   6. Schedule 6

      Railway administration orders.

      1. Part I Modifications of the 1986 Act.

      2. Part II Further modifications of the 1986 Act: application in relation to foreign companies.

      3. Part III Supplemental.

   7. Schedule 7

      Transfer of relevant activities in connection with railway administration orders.

   8. Schedule 8

      Transfers by transfer scheme.

   9. Schedule 9

      Stamp duty and stamp duty reserve tax.

   10. Schedule 10

       Transport police: consequential provisions.

   11. Schedule 11

       Pensions.

   12. Schedule 12

       Minor and consequential amendments.

   13. Schedule 13

       Transitional provisions and savings.

   14. Schedule 14

       Repeals.