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Railways Act 1993

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76 General duties of the [F1Rail Passengers’ Council].E+W+S

(1)It shall be the duty of the [F2Rail Passengers’ Council] to investigate any matter which relates—

[F3(a)to the provision of railway passenger services, or]

(b)to the provision of station services by any person in a case where the operator of the station in question is authorised by a licence to be the operator of that station,

if the condition specified in subsection (2) below is satisfied in relation to the matter in question.

(2)The condition mentioned in subsection (1) above is satisfied if—

(a)the matter is the subject of a representation made to the [F4Rail Passengers’ Council] by a user or potential user of railway passenger services and does not appear to the [F4Rail Passengers’ Council] to be frivolous or vexatious;

(b)the matter is referred to the [F4Rail Passengers’ Council] by the [F5Secretary of State] ; or

(c)the matter appears to the [F4Rail Passengers’ Council] to be one which it ought to investigate.

[F6(2A)If any matter falling within subsection (2)(a) appears to the Rail Passengers' Council to relate only to—

(a)the provision of railway passenger services wholly within the London railway area (within the meaning of section 252A of the Greater London Authority Act 1999), or

(b)the provision of station services within that area,

that Council must refer the matter to the London Transport Users' Committee.]

(3)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If, on investigating any matter, the [F8Rail Passengers’ Council] considers it appropriate to do so, [F9the Rail Passengers’ Council] shall make representations to the person providing the [F10secured service (within the meaning of Part 4 of the Railways Act 2005) which is] in question and—

(a)in the case of a service provided under a franchise agreement, to the franchisee, or

(b)in the case of a service provided on behalf of the [F5Secretary of State] , to the [F5Secretary of State] ,

about the matter, or any matter to which it relates or which appears to [F9the Rail Passengers’ Council] to be relevant to the subject of the matter investigated.

(5)Where [F11the Rail Passengers’ Council]

(a)having made representations under subsection (4) above, is of the opinion that it is unable to achieve a satisfactory resolution of the matter by that means, or

(b)on investigating any matter, has reason to believe that [F12a franchisee is contravening, or is likely to contravene, any term of the franchise agreement or that] the holder of a passenger licence or a station licence is contravening, or is likely to contravene, any condition of the licence,

[F11the Rail Passengers’ Council] shall [F13, unless representations about the matter have been made to the [F5Secretary of State] by the Rail Passengers’ Council, refer it to the [F5Secretary of State] with a view to the [F5Secretary of State] exercising such of [F14his] powers as [F15he] considers appropriate in the circumstances of the case.].

[F16(5A)But if the [F5Secretary of State] considers that it would be more appropriate for a matter referred to it by the Rail Passengers’ Council to be considered by [F17the Office of Rail Regulation] , the [F5Secretary of State] shall refer it to [F18the Office of Rail Regulation] , with a view to [F19it] exercising such of [F20its] powers as [F19it] considers appropriate in the circumstances of the case.]

(6)Where the [F21Rail Passengers’ Council] investigates any matter—

(a)it may prepare, and send to the Secretary of State F22. . . , a report of its findings; and

(b)it may publish any such report, unless the matter in question is one which was referred to the [F21Rail Passengers’ Council] by the [F5Secretary of State] as mentioned in subsection (2)(b) above.

(7)Where the [F23Rail Passengers’ Council] has investigated any matter under this section, it shall neither—

(a)include in any report or representations a proposal for any steps to be taken by any person in relation to that matter, nor

(b)refer the matter to the [F5Secretary of State] under subsection (5)(a) above by reason only of the failure of any person to take any steps in relation to that matter,

unless, balancing the cost of taking those steps against the benefits which [F24the Rail Passengers’ Council] considers will be enjoyed by any person in consequence of the taking of those steps, [F24the Rail Passengers’ Council] is of the opinion, on the basis of the information available to it, that the expenditure involved represents good value for money.

[F25(7A)It shall also be the duty of the Rail Passengers’ Council, so far as it appears expedient from time to time to do so—

(a)to keep under review matters affecting the interests of the public in relation to railway passenger services and station services;

(b)to make representations to, and consult, such persons as they think appropriate about those matters; and

(c)to co-operate with other bodies representing the interests of users of public passenger transport services.

(7B)The Secretary of State may, after consultation with the Rail Passengers’ Council, make an order excluding services from the duties imposed by this section; and an order under this subsection—

(a)may exclude services of a particular class or description, particular services or services provided by a particular person;

(b)may provide that services are excluded subject to compliance with specified conditions; and

(c)may not revoke an exclusion except for breach of condition or in accordance with the order which made it.

(7C)The Secretary of State may, after consultation with the Rail Passengers’ Council, make an order providing that the duties imposed by this section apply to services of a particular class or description, particular services or services provided by a particular person—

(a)only to such extent as is specified by the order; or

(b)with such modifications as are so specified.]

(8)F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)In this section, any reference to railway passenger services includes a reference to bus substitution services required to be provided in place of any such services; F27. . ..

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Amendments (Textual)

F1Words in the sidenote to s. 76 substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(9); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F2Words in s. 76(1) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F4Words in s. 76(2) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F8Words in s. 76(4) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(5)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F9Words in s. 76(4) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(5)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F10Words in s. 76(4) substituted (1.12.2006 for certain purposes and otherwise prosp.) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 32(2); S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)

F11Words in s. 76(5) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(6); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F12Words in s. 76(5)(b) inserted (29.7.2003) by 2000 c. 38, ss. 228(3)(a), 275(1); S.I. 2003/1694, art. 2

F13Words in s. 76(5) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 20(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F16S. 76(5A) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 20(4); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F17Words in s. 76 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F19Word in s. 76 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)

F20Word in s. 76 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(c) Table}; S.I. 2004/827, art. 4(g)

F21Words in s. 76(6) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(7); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F23Words in s. 76(7) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(8)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F24Words in s. 76(7) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(8)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F27Words in s. 76(9) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

Modifications etc. (not altering text)

C1S. 76 excluded (30.11.2000) by 2000 c. 38, s. 253, Sch. 28 para. 10

C3S. 76 applied (with modifications) (29.7.2003) by The Merseyrail Electrics Network Order 2003 (S.I. 2003/1696), art. 3

C5S. 7(6)(a): certain functions made exercisable by the Scottish Ministers concurrently with the Minister concerned (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2; S.I. 1998/3178, art. 3

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