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Railways Act 1993

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Registers and reports of [F1the Office of Rail and Road] and the [F2Authority]E+W+S

Textual Amendments

F1Words in s. 72 cross-heading substituted (16.10.2015) by virtue of The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), Sch. para. 1

F2Word in cross-heading substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 43; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))

72 Keeping of register by [F3the Office of Rail and Road].E+W+S

(1)[F3The Office of Rail and Road] shall, at such premises and in such form as [F4it] may determine, maintain a register F5. . . .

(2)Subject to subsection (3) and to any direction given under subsection (4) below, [F3the Office of Rail and Road] shall cause to be entered in the register—

(a)in relation to licences [F6and European licences], the provisions of—

(i)every licence[F7, every licence exemption and every European licence;]

(ii)every assignment of a licence of which notice is received by [F3the Office of Rail and Road];

(iii)every modification or revocation of a licence [F8, every] [F9requirement to modify conditions of a licence imposed on [F3the Office of Rail and Road] by the Authority][F10, and every modification or revocation of a European licence];

(iv)every revocation of a licence exemption [F11and every requirement to revoke a licence exemption imposed on [F3the Office of Rail and Road] by the Authority];

(v)every requirement imposed, or consent or approval given, by [F3the Office of Rail and Road] under a licence [F12or European licence];

(vi)every requirement imposed, or consent or approval given, under a licence by any person (other than [F3the Office of Rail and Road]) who is a qualified person, within the meaning of section 9(3) above, for the purpose in question, being a requirement, consent or approval whose provisions have been notified to [F3the Office of Rail and Road] pursuant to a condition of the licence;

(vii)every final or provisional order [F13made by [F3the Office of Rail and Road] in relation] to a licence, every revocation of such an order and every notice given by [F3the Office of Rail and Road] under section 55(6) above that he is satisfied that he does not need to make such an order;

[F14(viii)every scheme made by the Secretary of State under section 7A(4) above or paragraph 2 of Schedule 28 to the Transport Act 2000;]

[F15(ix)every penalty imposed by [F3the Office of Rail and Road] under section 57A above;

(x)every statement of policy published by [F3the Office of Rail and Road] under that section;]

and notice of every surrender of a licence [F16or European licence];

(b)in relation to access agreements, access contracts and installation access contracts, the provisions of—

(i)every facility exemption granted under section 20(3) above;

(ii)every direction to enter into an access contract or an installation access contract;

(iii)every access agreement;

(iv)every amendment (however described) of an access agreement;

(v)every general approval given under section [F1718(1)(c), 19(3)(c) or] 22(3) above which is for the time being in force;

[F18(va)every direction under section 22A above;

(vb)every notice given by or to [F3the Office of Rail and Road] or the [F19CMA] under Schedule 4A to this Act;]

(vi)every document issued or made by [F3the Office of Rail and Road] under an access agreement;

F20(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in relation to experimental passenger services, within the meaning of [F21Part 4 of the Railways Act 2005], the provisions of—

[F22(i)every designation under section 36 of that Act of a service as experimental;

(ii)every notice under section 37(1) or (2) of that Act of the proposed discontinuance of a service designated as experimental;]

[F23(da)in relation to closures, the provisions of—

(i)every closure ratification notice or closure non-ratification notice (within the meaning of Part 4 of the Railways Act 2005) issued by it;

(ii)every closure requirement imposed by it;]

(e)the provisions of every railway administration order and of every discharge of such an order.

(3)In entering any provision in the register, [F3the Office of Rail and Road] shall have regard to the need for excluding, so far as that is practicable, the matters specified in section 71(2)(a) and (b) above.

(4)If it appears to the Secretary of State that the entry of any provision in the register would be against the public interest or the commercial interests of any person, he may direct [F3the Office of Rail and Road] not to enter that provision in the register.

(5)Where an access agreement is entered into or amended, the facility owner or installation owner concerned shall send a copy of the access agreement or amendment to [F3the Office of Rail and Road] not later than 14 days after the date on which the access agreement is entered into or the amendment is made, as the case may be.

(6)A person who fails to comply with subsection (5) above is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7)The contents of the register shall be available for inspection by the public during such hours and subject to the payment of such fee as may be specified in an order made by the Secretary of State.

(8)Any person may, on the payment of such fee as may be specified in an order so made, require [F3the Office of Rail and Road] to supply him with a copy of, or extract from, any part of the register, being a copy or extract which is certified by [F3the Office of Rail and Road] to be a true copy or extract.

(9)The contents of the register shall be available for inspection at any time by the [F24Authority], without payment of any fee; and the [F24Authority] may require [F3the Office of Rail and Road], without payment of any fee, to supply [F25it]with a copy of, or extract from, any part of the register, being a copy or extract which is certified by [F3the Office of Rail and Road] to be a true copy or extract.

(10)Any reference in this section to “assignment” shall be construed in Scotland as a reference to assignation.

(11)Any sums received by [F3the Office of Rail and Road] under this section shall be paid into the Consolidated Fund.

Textual Amendments

F4Word in s. 72 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)

F9Words in s. 72(2)(a)(iii) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 15(a) (with Sch. 28 paras. 5(2), 17); 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. 72(2)(a)(iii) added (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (2005/3050), reg. 3, {Sch. 1 para. 3(6)(c)}

F11Words in s. 72(2)(a)(iv) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 15(b) (with Sch. 28 paras. 5(2), 17); 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. 72(2)(a)(v) added (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (2005/3050), reg. 3, {Sch. 1 para. 3(6)(d)}

F13Words in s. 72(2)(a)(vii) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 15(c) (with Sch. 28 paras. 5(2), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F14S. 72(2)(a)(viii) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 15(d) (with Sch. 28 paras. 5(2), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F15S. 72(2)(a)(ix)(x) inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 36(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F16Words in s. 72(2)(a) added (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (2005/3050), reg. 3, {Sch. 1 para. 3(6)(e)}

F17Words in s. 72(2)(b)(v) inserted (1.2.2001) by 2000 c. 38, s. 230(5); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F18S. 72(2)(b)(va)(vb) inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 36(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F20S. 72(2)(c) repealed (1.2.2001) by 2000 c. 38, ss. 216, 274, Sch. 17 para. 27(2), Sch. 31 Pt. IV (with Sch. 28 para. 14); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F21Words in s. 72(2)(d) substituted (1.12.2006) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 10(1)(a)(2); S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)

F22S. 72(2)(d)(i)-(ii) substituted (1.12.2006) for s. 72(d)(i)-(iii) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 10(1)(b)(2); S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)

F23S. 72(2)(da) inserted (1.12.2006) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 10(1)(c)(2); S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)

F24Words in s. 72(9) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 43(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))

F25Word in s. 72(9) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 43(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))

Modifications etc. (not altering text)

C1S. 72(1) applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (2005/3050), reg. 14, {Sch. 3 para. 1(e)}

C2S. 72(2)(a) applied (in part) (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (2005/3050), reg. 14, {Sch. 3 para. 1(e)}

C3S. 72(2)(a)(i) modified (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (2005/3050), reg. 14, {Sch. 3 para. 7}

C4S. 72(3) applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (2005/3050), reg. 14, {Sch. 3 para. 1(e)}

C5S. 72(4) applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (2005/3050), reg. 14, {Sch. 3 para. 1(e)}

C6S. 72(7) applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (2005/3050), reg. 14, {Sch. 3 para. 1(e)}

C7S. 72(8) applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (2005/3050), reg. 14, {Sch. 3 para. 1(e)}

C8S. 72(11) applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (2005/3050), reg. 14, {Sch. 3 para. 1(e)}

73 Keeping of register by the [F26Secretary of State].E+W+S

(1)The [F26Secretary of State] shall, at such premises and in such form as [F27he] may determine, maintain a register F28. . . .

(2)Subject to [F29subsections (3) and (4)] below, the [F26Secretary of State] shall cause to be entered in the register [F30(except so far as they are required to be entered in the register maintained under section 73A [F31or the register maintained under section 73B] below)] the provisions of—

(a)every franchise exemption;

(b)every franchise agreement;

F32(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)every amendment (however described) of a franchise agreement [F33other than any which are not likely to have a material effect on the provision of services under the agreement or on any sums payable under the agreement.];

[F34(da)every determination made by him under section 34 of the Railways Act 2005 that a closure is a minor modification or that closures of a particular description are minor modifications;

(db)every revocation of a determination made by him under that section in relation to a description of closures;

(dc)every condition agreed to under subsection (5) of that section in connection with a determination made by him;]

(e)every final or provisional order [F35made by the [F26Secretary of State] in relation to F36. . . ] a franchise agreement [F37or to any closure or proposed closure or to any closure requirement] , every revocation of such an order and every notice given by the [F26Secretary of State] under section 55(6) above that [F38he] is satisfied that [F38he] does not need to make such an order;

[F39(f)every penalty imposed by the [F26Secretary of State] under section 57A above;

(g)every statement of policy published by the [F26Secretary of State] under that section;

[F40(ga)every designation under section 23 and every variation or revocation of such a designation;]]

(h)F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m)F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and, without prejudice to the generality of paragraph (d) above, “amendment" in that paragraph includes any variation of the property, rights and liabilities which from time to time constitute the franchise assets in relation to the franchise agreement in question, whether the variation is effected in accordance with the terms of, or by an amendment made to, the franchise agreement.

[F42(3)The Secretary of State may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as he considers it appropriate to exclude for the purpose of maintaining the confidentiality of—

(a)matters relating to the affairs of an individual the publication of which would or might, in the Secretary of State's opinion, seriously and prejudicially affect the interests of that individual; and

(b)matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Secretary of State's opinion, seriously and prejudicially affect the interests of that body.]

(4)If it appears to the Secretary of State that the entry of any provision in the register would be against the public interest [F43he may decide] not to enter that provision in the register.

(5)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The contents of the register shall be available for inspection at any time by [F45the Scottish Ministers[F46, the Welsh Ministers] or] [F47the Office of Rail and Road], without payment of any fee; and [F48the Scottish Ministers[F46, the Welsh Ministers] and [F47the Office of Rail and Road] may each] require the [F26Secretary of State], without payment of any fee, to supply him with a copy of, or extract from, any part of the register, being a copy or extract which is certified by the [F26Secretary of State] to be a true copy or extract.

F32(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26Words in s. 73 substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 30(1); S.I. 2005/1909, art. 2, Sch.

F27Word in s. 73(1) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 30(2); S.I. 2005/1909, art. 2, Sch.

F29Words in s. 73(2) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 30(3)(a); S.I. 2005/1909, art. 2, Sch.

F32S. 73(2)(c)(8) 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)

F33Words in s. 73(2)(d) inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 37(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F34S. 73(da)-(dc) substituted (1.12.2006) for s. 73(da) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 11(1)(a)(2); S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)

F35Words in s. 73(2)(e) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 16(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F37Words in s. 73(2)(e) substituted (1.12.2006) by Railways Act 2005 (c. 14), ss. 54, 60, Sch. 11 para. 11(1)(b)(2); S.I. 2006/2911 {art. 2}, Sch. (subject to the transitional and saving provisions in arts. 3-7)

F38Word in s.73(2)(e) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 30(3)(c); S.I. 2005/1909 {art. 2}, Sch.

F39S. 73(2)(f)(g) inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 37(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F43Words in s. 73(4) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 30(5); S.I. 2005/1909, art. 2, Sch.

F44S. 73(5)(6) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 30(6), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2); S.I. 2005/1909, art. 2, Sch.

F45Words in s. 73(7) inserted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 30(7)(a); S.I. 2005/1909, art. 2, Sch.

F48Words in s.73(7) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 30(7)(b); S.I. 2005/1909 {art. 2}, Sch.

[F4973AKeeping of register by the Scottish MinistersE+W+S

(1)The Scottish Ministers must maintain a register.

(2)The register must be kept in such form and at such premises as the Scottish Ministers determine.

(3)Subject to subsections (4) and (5) below, the Scottish Ministers must cause the provisions of each of the following to be entered in the register—

(a)every designation made by them under section 23 of this Act, and every variation or revocation of such a designation;

(b)every franchise exemption granted by them;

(c)every franchise agreement to which they are a party;

(d)every amendment of such a franchise agreement, other than those that are unlikely to have a material effect on the provision of services under the agreement or on the sums payable under it;

(e)every determination made by them under section 34 of the Railways Act 2005 that a closure is a minor modification or that closures of a particular description are minor modifications;

(f)every revocation of a determination made by them under that section in relation to a description of closures;

(g)every condition agreed to under subsection (5) of that section in connection with a determination made by them;

(h)every final or provisional order made by them;

(i)every revocation by them of such an order;

(j)every notice given by them under section 55(6) of this Act of a decision not to make such an order;

(k)every penalty imposed by them under section 57A of this Act;

(l)every statement of policy published by them under section 57B of this Act.

(4)The Scottish Ministers may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as they consider it appropriate to exclude for the purpose of maintaining the confidentiality of—

(a)matters relating to the affairs of an individual the publication of which would or might, in the Scottish Ministers' opinion, seriously and prejudicially affect the interests of that individual; and

(b)matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Scottish Ministers' opinion, seriously and prejudicially affect the interests of that body.

(5)If it appears to the Scottish Ministers that the entry of any provision in the register would be against the public interest, they may decide not to enter it in the register.

(6)The contents of the register must be available for inspection, at any time and free of charge, by the Secretary of State[F50, the Welsh Ministers] or [F51the Office of Rail and Road].

(7)The Secretary of State[F52, the Welsh Ministers] and [F51the Office of Rail and Road] may each require the Scottish Ministers to supply [F53him, them or it (as the case may be)] free of charge with a certified copy of a part of the register or with a certified extract from it.

(8)The references in subsection (7) to a certified copy or a certified extract are references to a copy or extract that has been certified by the Scottish Ministers to be a true copy or extract.

(9)In subsection (3)(d) “amendment”, in relation to a franchise agreement, means any amendment however described, including variations (whether or not effected in accordance with the terms of the agreement or by a modification of it) of the property, rights and liabilities which from time to time constitute the franchise assets.]

[F5473B.Keeping of register by the Welsh MinistersE+W+S

(1)The Welsh Ministers must maintain a register.

(2)The register must be kept in such form and at such premises as the Welsh Ministers determine.

(3)Subject to subsections (4) and (5), the Welsh Ministers must cause the provisions of each of the following to be entered in the register—

(a)every designation made by them under section 23 and every variation or revocation of such a designation;

(b)every franchise exemption granted by them;

(c)every franchise agreement to which they are a party;

(d)every amendment of such a franchise agreement as it relates to a Wales-only service or a Welsh component of a Welsh service, other than amendments which are unlikely to have a material effect on the provision of services under the agreement or on any sums payable under it;

(e)every determination made by them under section 34 of the Railways Act 2005 that a closure is a minor modification or that closures of a particular description are minor modifications;

(f)every revocation of a determination made by them under that section in relation to a description of closures;

(g)every condition agreed to under subsection (5) of that section in connection with a determination made by them;

(h)every final or provisional order made by them;

(i)every revocation by them of such an order;

(j)every notice given by them under section 55(6) of a decision not to make such an order;

(k)every penalty imposed by them under section 57A;

(l)every statement of policy published by them under section 57B.

(4)The Welsh Ministers may enter the provisions of anything in the register in a manner that excludes, so far as practicable, so much of the details of those provisions as they consider it appropriate to exclude for the purpose of maintaining the confidentiality of—

(a)matters relating to the affairs of an individual the publication of which would or might, in the Welsh Ministers’ opinion, seriously and prejudicially affect the interests of that individual; and

(b)matters relating specifically to the affairs of a particular body of persons the publication of which would or might, in the Welsh Ministers’ opinion, seriously and prejudicially affect the interests of that body.

(5)If it appears to the Welsh Ministers that the entry of any provision in the register would be against the public interest they may decide not to enter it in the register.

(6)The contents of the register must be available for inspection, at any time and free of charge, by the Secretary of State, the Scottish Ministers or the Office of Rail and Road.

(7)The Secretary of State, the Scottish Ministers and the Office of Rail and Road may each require the Welsh Ministers to supply them with a certified copy of a part of the register, or with a certified extract from it, free of charge.

(8)The references in subsection (7) to a certified copy or a certified extract are references to a copy or extract that has been certified by the Welsh Ministers to be a true copy or extract.

(9)In subsection (3)(d) “amendment”, in relation to a franchise agreement, means any amendment however described, including variations (whether or not effected in accordance with the terms of the agreement or by a modification of it) of the property, rights and liabilities which from time to time constitute the franchise assets.]

74 Annual and other reports of [F55the Office of Rail and Road].E+W+S

(1)[F55The Office of Rail and Road] shall, as soon as practicable [F56after the end of each financial year,], make to the Secretary of State [F57and the Welsh Ministers] a report on—

(a)his activities during that year; and

(b)the [F58CMA's] activities during that year, so far as relating to references made by [F55the Office of Rail and Road].

(2)Every such report shall include—

(a)a general survey of developments, during the year to which it relates, in respect of matters falling within the scope of [F59its] functions;

F60(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a statement setting out any general directions given to [F55the Office of Rail and Road] during that year under section 69(2) above; F60. . .

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Secretary of State shall lay a copy of every report made by [F55the Office of Rail and Road] under subsection (1) above before each House of Parliament and shall arrange for copies of every such report to be published in such manner as he may consider appropriate.

[F61(3ZA)The Welsh Ministers must lay a copy of every report made to them under subsection (1) before the National Assembly for Wales and must arrange for copies to be published in such manner as they consider appropriate.]

[F62(3A)Where a report is made by [F55the Office of Rail and Road] under subsection (1) above to the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers shall lay a copy of the report before the Scottish Parliament and shall arrange for copies to be published in such manner as they consider appropriate.]

(4)[F55The Office of Rail and Road] may also prepare such other reports as [F63it] thinks fit with respect to any matter falling within the scope of [F59its] functions.

(5)[F55The Office of Rail and Road] may arrange for copies of any report prepared under subsection (4) above to be published in such manner as [F63it] may consider appropriate.

(6)In making or preparing any report under this section, [F55the Office of Rail and Road] shall have regard to the need for excluding, so far as that is practicable, the matters specified in section 71(2)(a) and (b) above.

F64(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section—

  • financial year” means a period of twelve months ending with 31st March; and

  • F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59Word in s. 74 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)

F60S. 74(2)(b)(d) and the word “and" before s. 74(2)(d) 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)

F62S. 74(3A) inserted (1.7.1999) by S.I. 1999/1750, arts. 1(1), 6(1), Sch. 5 para. 13 (2); S.I. 1998/3178, art. 3

F63Word in s. 74 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)

F65S. 74(8): definition of "first relevant financial year" repealed (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 118, 120, Sch. 2 para. 14(b), Sch. 8; S.I. 2004/827, art. 4(i)

Modifications etc. (not altering text)

C9S. 74(1)(3): certain functions made exercisable by the Scottish Ministers concurrently with the Ministers concerned (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2; S.I. 1998/3178, art. 3

75 Annual reports of the Franchising Director.E+W+S

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66S. 75 repealed (1.12.2006) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5)); S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)

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