Railways Act 2005 - Explanatory Notes

1. Introduction

2. Summary and Background

3. Overview of the Structure

   1. Part 1: Transfer of Functions and Railway Strategy

   2. Part 2: Public Sector Funding Authorities for Railways

   3. Part 3: Rail Passengers' Council and Rail Passengers' Committees

   4. Part 4: Network Modifications

   5. Part 5: Further Miscellaneous Provisions

   6. Part 6: General and Supplemental

4. Commentary on Sections and Schedules

   1. Part 1: Transfer of Functions and Railway Strategy

      1. Transfer of Functions

         1. Overview

         2. Section 1: Transfer of SRA functions and abolition

         3. Section 2: Transfer of safety functions to the ORR

      2. Railway Strategy

         1. Section 3: General Duties under s.4 of the 1993 Act

         2. Section 4: Use of access charges reviews for application of strategy

         3. Section 5: Railway strategy for Scotland

   2. Part 2: Public Sector Funding Authorities for Railways

      1. Assisting and securing the provision of services

         1. Section 6: Financial assistance from the Secretary of State

         2. Section 7: Notification of assistance from Secretary of State for freight services, Section 9: Notification of assistance from the Scottish Ministers for freight services and Section 11: Notification of assistance from Welsh Assembly for freight services

         3. Section 8: Franchising and financial assistance in relation to Scotland

         4. Section 10: Franchising and financial assistance in relation to Wales

         5. Section 12: Transfer schemes at end of franchising agreements

      2. Passenger Transport Executives

         1. Section 13: Railway functions of Passenger Transport Executives

         2. Section 14: Repeals and savings relating to Passenger Transport Executives

      3. London

         1. Section 15: Duty of Secretary of State and Transport for London to co-operate

         2. Section 16: Relaxation of contractual restrictions on Transport for London

         3. Section 17: Membership of Transport for London

      4. Provision of service by provider of last resort

         1. Section 18: Qualification of duty in respect of services funded by others

   3. Part 3: Rail Passengers' Council and Rail Passengers' Committees

      1. Section 19: The Rail Passengers' Council

      2. Section 20: Delegation of functions by Council

      3. Section 21: Rail Passengers' Committee

   4. Part 4: Network Modifications

      1. Discontinuance of railway passenger services

         1. Section 22: Proposal by operator to discontinue non-franchised services

         2. Section 23: Proposals by funding authority to discontinue non-franchised services

         3. Section 24: Proposals to discontinue franchised or secured services

         4. Section 25: Proposal to discontinue excluded services

      2. Discontinuance of operation of passenger network

         1. Section 26: Proposal by operator to close passenger networks

         2. Section 27: Proposal by funding authority to close passenger network

         3. Section 28: Proposal to discontinue operation of secured network

      3. Discontinuance of use or operation of stations

         1. Section 29: Proposal by operator to close station

         2. Section 30: Proposal by funding authority to close station

         3. Section 31: Proposal to discontinue operation of secured station

      4. References to the ORR

         1. Section 32: References to the ORR

         2. Section 33: Closure requirements

      5. Excluded Proposals

         1. Section 34: Minor modifications

         2. Section 35: Closures eligible to be treated as minor modifications

         3. Section 36: Designation of experimental passenger services

         4. Section 37: Discontinuance of experimental passenger services

         5. Section 38: Services, networks and stations excluded by order

      6. Substitution services

         1. Section 39: Quality contracts schemes in connection with service modifications

         2. Section 40: Substitute road services

      7. Supplemental provisions of Part

         1. Section 41: Proposals by funding authorities

         2. Section 42: Closures guidance

         3. Section 43: Procedure relating to publication and modification of closures guidance

         4. Section 44: Exclusion of liability for breach of statutory duty

         5. Section 45: Interpretation of Part 4

   5. Part 5: Further Miscellaneous Provisions

      1. Conduct and accessibility on railways

         1. Section 46: Bye-laws

         2. Section 47: Power of Scottish Ministers to make penalty fare regulations

         3. Section 48: Code of practice for disabled rail users in Scotland

      2. Railway administration orders for companies providing Scottish services

         1. Section 49: Functions of Scottish Ministers in relation to railway administration

            Section 50: Assistance by Scottish Ministers for companies in railway administration

      3. Duties of co-operation

         1. Section 51: ORR to advise national authorities

         2. Section 52: Duty of Passenger Transport Executives to advise Secretary of State

   6. Part 6: General and Supplemental

      1. General

         1. Section 53: Taxation

         2. Section 54: Further amendments of the 1993 Act

      2. Supplemental

         1. Section 55: Expenses

         2. Section 56: Powers exercisable by statutory instrument

         3. Section 57: Meaning of "Wales-only service" and "Welsh service"

         4. Section 58: General Interpretation

         5. Section 60: Short title, commencement and extent

5. Commentary on Schedules

   1. Schedules 1 and 2 Background

   2. Schedule 1 - Transfer of functions of the Strategic Rail Authority

   3. Schedule 2: Transfer schemes

   4. Schedule 3: Transfer of safety functions

   5. Schedule 4: Reviews by ORR of access charges and licence conditions

   6. Schedule 5: Rail Passengers' Council established by s.19(1)

   7. Schedule 6: Functions retained by London Transport Users' Committee

   8. Schedule 7: Consultations under Part 4

   9. Schedule 8: Proposals to discontinue excluded London services

   10. Schedule 9: Bye-laws by railway operators

   11. Schedule 10: Taxation provisions relating to transfer schemes

   12. Schedule 11: Miscellaneous amendments of 1993 Act

6. Territorial Application: Wales (See Also Annex a)

7. Territorial Extent

8. Commencement

9. Hansard References