Search Legislation

Railways Act 2005

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Railways Act 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Railways Act 2005

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Prospective

Section 59

SCHEDULE 12E+W+SOther minor and consequential amendments

This schedule has no associated Explanatory Notes

Transport Act 1962 (c. 46)E+W+S

1(1)The Transport Act 1962 is amended as follows.E+W+S

(2)In section 43 (general provisions about services and facilities provided and charges imposed by the British Waterways Board and the SRA)—

(a)in subsections (1), (2) and (5), omit “or the Strategic Rail Authority”;

(b)in subsection (3), omit “and the Strategic Rail Authority”; and

(c)in subsections (4) and (6), for the words from “Neither” to “shall” substitute “ The British Waterways Board shall not ”.

(3)In section 56 (transport consultative committees)—

(a)in subsection (4)—

(i)for “each Rail Passengers' Committee” substitute “ the London Transport Users' Committee ”;

(ii)in paragraphs (a), (b) and (c), for “Rail Passengers' Committee”, in each place, substitute “ the London Transport Users' Committee ”;

(iii)omit the words from “and copies” to the end;

(b)subsection (5) shall cease to have effect;

(c)in subsection (6ZA)—

(i)omit “in the case of any Rail Passengers' Committee” and “that Rail Passengers' Committee and”;

(ii)after “Rail Passengers' Council” insert “ and the London Transport Users' Committee ”;

(d)in subsection (6A), for “A Rail Passengers' Committee” substitute “ Each of the Rail Passengers' Council and the London Transport Users' Committee ”; and

(e)subsection (20) shall cease to have effect.

Transport Act 1968 (c. 73)E+W+S

2(1)The Transport Act 1968 is amended as follows.E+W+S

(2)In section 55 (transport consultative committees), for “Rail Passengers' Committees” substitute “ London Transport Users' Committee ”.

(3)In subsection (2A) of section 56 (financial assistance for capital expenditure incurred in connection with public passenger transport facilities), for the words from “the Strategic” to “franchising functions” substitute “ a national authority under which the national authority undertakes to exercise any of its functions in relation to railways or railway services ”.

(4)In subsection (2B) of that section—

(a)omit the definition of “franchising functions”;

(b)before the definition of “relevant local authority” insert—

national authority” means the Secretary of State, the Scottish Ministers or the National Assembly for Wales;.

Chronically Sick and Disabled Persons Act 1970 (c. 44)E+W+S

3In section 14(1) of the Chronically Sick and Disabled Persons Act 1970 (miscellaneous advisory committees), for “Rail Passengers' Committees,” substitute “ or ”.

Fire Precautions Act 1971 (c. 40)E+W+S

4In section 18 of the Fire Precautions Act 1971, for subsection (2) (power of fire and rescue authorities to make arrangements with the HSC) substitute—

(2)A fire and rescue authority may arrange in relation to any work premises—

(a)where an appropriate enforcement body is the Office of Rail Regulation, with that Office, and

(b)where that Office is not an appropriate enforcement body or is not the only such body, with the Health and Safety Commission,

for such of the authority's functions under this Act as may be specified in the arrangements to be performed in relation to those premises, on behalf of the authority by that Office or (as the case may be) by the Health and Safety Executive.

(2A)Those arrangements may include arrangements for payments to be made by the fire and rescue authority in respect of the performance of the functions in question by the Office of Rail Regulation or by the Health and Safety Executive.

(2B)In subsection (2)—

appropriate enforcement body”, in relation to any premises, means a person responsible under Part 1 of the Health and Safety at Work etc. Act 1974 (c. 37) for the enforcement of relevant statutory provisions (within the meaning of Part 1 of that Act) in relation to those premises; and

work premises” means premises which are used as a place of work (within the meaning of Part 1 of that Act).

Superannuation Act 1972 (c. 11)E+W+S

5In Schedule 1 to the Superannuation Act 1972 (types of employment in relation to which schemes may be made), at the appropriate place in the list of “Other Bodies” insert— “ The Rail Passengers' Council. ”

Level Crossings Act 1983 (c. 16)E+W+S

6(1)Section 1 of the Level Crossings Act 1983 is amended as follows.E+W+S

(2)In subsection (6A) of that section (duty of the operator of a level crossing to make a request to the Secretary of State for an order where the HSE gives written notice to the operator that a request should be made), for “Health and Safety Executive” substitute “ Office of Rail Regulation ”.

(3)In subsection (10B) of that section (duty of the Secretary of State to take account of advice given by or on behalf of the HSC), for “Health and Safety Commission” substitute “ Office of Rail Regulation ”.

Telecommunications Act 1984 (c. 12)E+W+S

7In section 101 of the Telecommunications Act 1984 (general restrictions on disclosure of information), in subsection (3), at the end insert—

(r)the Railways Act 2005.

Transport Act 1985 (c. 67)E+W+S

8In section 6(1) of the Transport Act 1985 (local bus services), for the words from “with” onwards substitute “ entered into, where a railway service has been temporarily interrupted, with the Secretary of State, the Scottish Ministers or the National Assembly for Wales under section 40 of the Railways Act 2005 (substitution services provided for interrupted or discontinued railway services) ”.

Airports Act 1986 (c. 31)E+W+S

9In section 74 of the Airports Act 1986 (restriction on disclosure of information), in subsection (3), at the end insert—

(s)the Railways Act 2005.

Water Industry Act 1991 (c. 56)E+W+S

10In Schedule 15 to the Water Industry Act 1991 (disclosure of information), in Part 2 (enactments etc. in respect of which disclosure may be made), at the end insert— “ The Railways Act 2005. ”

Water Resources Act 1991 (c. 57)E+W+S

11In Schedule 24 to the Water Resources Act 1991 (disclosure of information), in Part 2 (enactments etc. in respect of which disclosure may be made), at the end insert— “ The Railways Act 2005. ”

Deregulation and Contracting Out Act 1994 (c. 40)E+W+S

12(1)Section 37 of the Deregulation and Contracting Out Act 1994 (power to repeal certain health and safety provisions) is amended as follows.E+W+S

(2)In subsection (2) of that section—

(a)for paragraph (a) substitute—

(a)in the case of regulations under paragraph (a) of that subsection repealing or revoking a provision specified in section 117(4) of the Railways Act 1993, the Office of Rail Regulation,

(aa)in the case of regulations under paragraph (a) of that subsection not falling within paragraph (a) of this subsection, the Health and Safety Commission,

(ab)in the case of regulations under paragraph (b) of that subsection revoking a provision of regulations which make provision exclusively in relation to transport systems falling within paragraph 1(3) of Schedule 3 to the Railways Act 2005, the Office of Rail Regulation,

(ac)in the case of regulations under paragraph (b) of that subsection not falling within paragraph (ab) of this subsection, the Health and Safety Commission,; and

(b)in the words after paragraph (b), for “either” substitute “ any ”.

(3)In subsections (3) and (4) of that section, for the words from “the Health”, in the first place where they occur in each subsection, to “Ireland” substitute “ the required consultee ”.

(4)After subsection (4) of that section, insert—

(4A)In subsections (3) and (4), “the required consultee” means the body which the appropriate authority is required to consult by virtue of subsection (2)(a) to (b).

Railway Heritage Act 1996 (c. 42)E+W+S

13(1)The Railway Heritage Act 1996 is amended as follows.E+W+S

(2)Section 1 (bodies to which the Act applies) is to become subsection (1) of that section and is amended as follows—

(a)in paragraph (f), for the words from “Strategic” to the end substitute “ Secretary of State ”;

(b)in paragraph (g), for “Authority” substitute “ Secretary of State ”.

(3)In that section, after that subsection insert—

(2)The Secretary of State may, by order made by statutory instrument, modify subsection (1) by adding a body or a description of body to the list of bodies to which this Act applies.

(3)Before making an order under subsection (2), the Secretary of State must consult the bodies that appear to him to be the ones that will become bodies to which this Act applies on the coming into force of the order.

(4)A statutory instrument containing an order under subsection (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)In section 2 (establishment of statutory committee)—

(a)in paragraph (a) of subsection (2), omit “the Authority with the approval of”;

(b)in paragraph (c) of that subsection, for “requiring the Authority” substitute “ for the Secretary of State ”;

(c)in subsection (3), for “the Authority and with such other” substitute “ such ”.

(5)In section 4(6)(b) (exclusion of a disposal made in accordance with a transfer scheme under the 2000 Act from the application of sections 4 and 5), after “Transport Act 2000” insert “ or the Railways Act 2005 ”.

Greater London Authority Act 1999 (c. 29)E+W+S

14(1)The Greater London Authority Act 1999 is amended as follows.E+W+S

(2)In section 175 (co-operation between Transport for London and the Secretary of State)—

(a)in subsection (1)(a)(ii), for the words from “whose provision” to “Railways Act 1993” substitute “ are secured services (within the meaning of Part 4 of the Railways Act 2005) provided by or on behalf of the Secretary of State ”; and

(b)in subsection (3)(b), for “sections 37 and 38 of that Act” substitute “ sections 22 to 24 of the Railways Act 2005 ”.

(3)In section 177(1)(b) and (2) (provision of extra passenger transport services and facilities), for “Strategic Rail Authority” substitute “ Secretary of State ”.

(4)In section 179(3) (London local bus services), for the words from “Strategic Rail Authority” to “railway service)” substitute “ Secretary of State entered into under section 40 of the Railways Act 2005 (substitution services provided for interrupted or discontinued railway services) ”.

(5)In section 235(2)(b) (exception to the restriction on disclosure of information for a disclosure made for the purpose of facilitating the carrying out of certain statutory functions)—

(a)omit “the Strategic Rail Authority,”; and

(b)at the end insert “ or the Railways Act 2005 ”.

(6)In section 240(2) and (7) (arrangements with London authorities for travel concessions), for “Strategic Rail Authority”, wherever occurring, substitute “ Secretary of State ”.

(7)In section 247(2) (consultation with the SRA about appointments to the LTUC), for “Strategic Rail Authority” substitute “ Secretary of State ”.

(8)In section 250(2) (persons to whom LTUC annual report is to be made), for “Strategic Rail Authority” substitute “ Secretary of State ”.

(9)In paragraphs 9, 11 and 15 of Schedule 18 (consultation by LTUC with SRA and information provided to SRA by LTUC), for “Strategic Rail Authority”, in each place, substitute “ Secretary of State ”.

Postal Services Act 2000 (c. 26)E+W+S

15In paragraph 3 of Schedule 7 to the Postal Services Act 2000 (disclosure of information), in sub-paragraph (3), after paragraph (gj) insert—

(gk)the Railways Act 2005,.

Utilities Act 2000 (c. 27)E+W+S

16In section 105 of the Utilities Act 2000 (general restrictions on disclosure of information), in subsection (6), at the end insert—

(u)the Railways Act 2005.

Transport Act 2000 (c. 38)E+W+S

17(1)The 2000 Act is amended as follows.E+W+S

(2)In section 137(4)(d) (required notice in connection with the making of a ticketing scheme), for “Strategic Rail Authority” substitute “ Secretary of State ”.

(3)In subsection (1) of section 228 (extension of functions of Rail Passengers' Council and Rail Passengers' Committees), for “Sections 76 and 77” substitute “ Section 76 ” and for “are amended” substitute “ is amended ”.

(4)In subsection (1) of section 248 (substitute services to be suitable for disabled persons), for paragraph (b) substitute—

(b)the provision of such services is secured by the Secretary of State, the Scottish Ministers or the National Assembly for Wales.

(5)In subsection (2) of that section, for “In doing so the person or Authority” substitute “ In providing or securing the provision of the services, the person providing them, the Secretary of State, the Scottish Ministers or the National Assembly for Wales ”.

(6)In subsection (3) of that section—

(a)for “the person or Authority” substitute “ a person ”; and

(b)omit the words “or it”.

(7)In paragraph 3(3) of Schedule 9 (air traffic: information), after paragraph (rc) insert—

(rd)the Railways Act 2005;.

(8)In Schedule 25 (transfer of BR's property etc. to Secretary of State), after paragraph 12 insert—

Duties in relation to foreign propertyE+W+S

12A(1)Where there is a transfer in accordance with a transfer scheme of—

(a)foreign property, or

(b)a foreign right or liability,

the Board and the Secretary of State must take all requisite steps to secure that the vesting of the foreign property, right or liability in the Secretary of State by this Act is effective under the relevant foreign law.

(2)Until the vesting of the foreign property, right or liability in the Secretary of State in accordance with the transfer scheme is effective under the relevant foreign law, the Board must—

(a)hold the property or right for the benefit of the Secretary of State; or

(b)discharge the liability on behalf of the Secretary of State.

(3)Nothing in sub-paragraph (1) or (2) prejudices the effect under the law of a part of the United Kingdom of the vesting of any foreign property, right or liability in the Secretary of State in accordance with a transfer scheme.

(4)References in this paragraph to foreign property, or to a foreign right or liability, are references to any property, right or liability as respects which an issue arising in any proceedings would be determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(5)An obligation imposed under this paragraph in relation to property, rights or liabilities shall be enforceable as if contained in a contract between the Board and the Secretary of State.

(9)In paragraph 10 of Schedule 28 (transitional provision in relation to section 56 of the Transport Act 1962 (c. 46))—

(a)for “Rail Passengers' Committees” substitute “ London Transport Users' Committee ”;

(b)in paragraph (a), for “sections 76 and 77” substitute “ section 76 ”;

(c)in paragraph (b), for “those subsections” substitute “ that subsection ”.

Enterprise Act 2002 (c. 40)E+W+S

18(1)The Enterprise Act 2002 is amended as follows.E+W+S

(2)In subsection (4) of section 168 (duty of Competition Commission and the Secretary of State in relation to regulated markets)—

(a)in paragraph (h), omit “where none of the conditions of the licence relate to consumer protection”;

(b)paragraph (i) shall cease to have effect; and

(c)in paragraph (k), for the words from “Strategic” to the end substitute “ Secretary of State, the Scottish Ministers and the National Assembly for Wales under section 4 of the Act of 1993 ”.

(3)In subsection (5) of that section, for paragraph (j) substitute—

(j)the Secretary of State;

(k)the Scottish Ministers; or

(l)the National Assembly for Wales.

(4)In Schedule 15 (enactments for the purposes of which disclosures of information are allowed), at the end insert— “ Railways Act 2005 (c. 14) ”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources