Railways Act 1993

The [F1 Rail Passengers’ Council and Rail Passengers’ Committees] E+W+S

Textual Amendments

F1 Words in cross-heading substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(10); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

76 General duties of the [F2 Rail Passengers’ Council]. E+W+S

(1) It shall be the duty of the [F3 Rail Passengers’ Council] to investigate any matter which relates—

(a) to the provision of railway passenger services-

(i) by the Board or any subsidiary of the Board

(ii) under a franchise agreement, or

(iii) on behalf of the Franchising Director, 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 [F4 Rail Passengers’ Council] by a user or potential user of railway passenger services and does not appear to the [F4 Rail Passengers’ Council] to be frivolous or vexatious;

(b) the matter is referred to the [F4 Rail Passengers’ Council] by the [F5 Authority]; or

(c) the matter appears to the [F4 Rail Passengers’ Council] to be one which it ought to investigate.

(3) If any matter falling within paragraph (a) of subsection (2) above appears to the [F6 Rail Passengers’ Council] to relate only to the provision of railway passenger services, or of station services, within the area of one [F7 Rail Passengers’ Committee], [F8 the Rail Passengers’ Council] shall refer that matter to the [F7 Rail Passengers’ Committee] for that area.

(4) If, on investigating any matter, the [F9 Rail Passengers’ Council] considers it appropriate to do so, [F10 the Rail Passengers’ Council] shall make representations to the person providing the service 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 [F11 Authority], to the [F11 Authority],

about the matter, or any matter to which it relates or which appears to [F10 the Rail Passengers’ Council] to be relevant to the subject of the matter investigated.

(5) Where [F12 the 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 the holder of a passenger licence or a station licence is contravening, or is likely to contravene, any condition of the licence,

[F12 the Rail Passengers’ Council] shall [F13 , unless representations about the matter have been made to the Authority by the Rail Passengers’ Council, refer it to the Authority with a view to the Authority exercising such of its powers as it considers appropriate in the circumstances of the case.].

[F14 (5A) But if the Authority considers that it would be more appropriate for a matter referred to it by the Rail Passengers’ Council to be considered by the Regulator, the Authority shall refer it to him, with a view to his exercising such of his powers as he considers appropriate in the circumstances of the case.]

(6) Where the [F15 Rail Passengers’ Council] investigates any matter—

(a) it may prepare, and send to the Secretary of State and the [F16 Authority], 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 [F15 Rail Passengers’ Council] by the [F16 Authority] as mentioned in subsection (2)(b) above.

(7) Where the [F17 Rail 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 [F16 Authority] 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 [F18 the Rail Passengers’ Council] considers will be enjoyed by any person in consequence of the taking of those steps, [F18 the 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.

(8) The services which are to be regarded for the purposes of this section as provided on behalf of the [F11 Authority] are the same services as are to be so regarded for the purposes of section 37 above.

(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; F19 . . ..

Textual Amendments

F2 Words 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)

F3 Words 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)

F4 Words 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)

F5 Word in s. 76(2)(b) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 20(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F6 Words in s. 76(3) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(4)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F7 Words in s. 76(3) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(4)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F8 Words in s. 76(3) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(4)(c); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F9 Words 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)

F10 Words 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)

F11 Words in s. 76(4)(b)(8) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 46; 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))

F12 Words 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)

F13 Words 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)

F14 S. 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)

F15 Words 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)

F16 Words in s. 76(6)(a)(b)(7)(b) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 20(5); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F17 Words 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)

F18 Words 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)

F19 Words 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)

C1 S. 76 excluded (30.11.2000) by 2000 c. 38, s. 253, Sch. 28 para. 10

C2 Ss. 76, 77 applied (1.4.1994) by 1993 c. 43, ss. 47(2)(d)(4)(d), 152(2), 154(2), Sch. 13 para. 3(2) (modifying 1985 c. 67, s. 123); S.I. 1994/571, art. 5

C3 S. 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

Valid from 24/07/2005

[F20 76A Delegation of duties under section 76(7A) E+W+S

(1) The Rail Passengers' Council and any other public body may enter into an agreement for that other body to be responsible, in accordance with the agreement, for —

(a) determining what is expedient for the purposes of subsection (7A) of section 76 above in relation to an area specified in the agreement; and

(b) otherwise performing that Council's duties under that subsection in relation to that area.

(2) So long as an agreement under this section is in force—

(a) the duties of the Rail Passengers' Council under subsection (7A) of section 76 above shall be deemed, in relation to the area specified in the agreement, to fall on the other party to it, instead of on that Council; but

(b) that Council is not to be prevented from doing anything mentioned in that subsection in relation to that area.

(3) An agreement under this section—

(a) may be entered into on such terms and conditions as the parties to it may agree; and

(b) may contain provision for determining for the purposes of this section in what circumstances things done under or for the purposes of section 76(7A) are to be treated as done in relation to the area specified in the agreement.

(4) The consent of the Secretary of State is required before the Rail Passengers' Council and another public body may enter into an agreement under this section.

(5) In this section “public body” means any authority or other body on which functions are conferred by or under an enactment.

(6) In subsection (5) “enactment” includes an enactment comprised in an Act of the Scottish Parliament.]

Textual Amendments

F20 S. 76A inserted (24.7.2005) by Railways Act 2005 (c. 14), ss. 20, 60; S.I. 2005/1909, art. 2, Sch.

77 General duties of [F21 Rail Passengers’ Committees]. E+W+S

(1) It shall be the duty of each [F22 Rail Passengers’ Committee] to investigate any matter which relates—

(a) to the provision of railway passenger services-

(i) by the Board or any subsidiary of the Board

(ii) under a franchise agreement, or

(iii) on behalf of the Franchising Director, 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 the matter—

(a) is the subject of a representation made to [F23 the Rail Passengers’ Committee] by a user or potential user of railway passenger services and does not appear to [F23 the Rail Passengers’ Committee] to be frivolous or vexatious;

(b) is referred to [F23 the Rail Passengers’ Committee]—

(i) by the [F24 Authority]; or

(ii) by the [F25 Rail Passengers’ Council] under section 76(3) above; or

(c) appears to [F23 the Rail Passengers’ Committee] to be one which it ought to investigate.

(3) If, on investigating any matter, a [F26 Rail Passengers’ Committee] considers it appropriate to do so, [F27 the Rail Passengers’ Committee] shall make representations to the person providing the service 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 [F28 Authority], to the [F28 Authority],

about the matter, or any matter to which it relates or which appears to [F27 the Rail Passengers’ Committee] to be relevant to the subject of the matter investigated.

(4) Where a [F29 Rail Passengers’ Committee]—

(a) having made representations under subsection (3) 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 the holder of a passenger licence or a station licence is contravening, or is likely to contravene, any condition of the licence,

[F30 the Rail Passengers’ Committee] shall [F31 , unless representations about the matter have been made to the Authority by the Rail Passengers’ Committee, refer it (or, if it was referred to the Rail Passengers’ Committee by the Authority, refer it back) to the Authority with a view to the Authority exercising such of its powers as it considers appropriate in the circumstances of the case.].

[F32 (4A) But if the Authority considers that it would be more appropriate for a matter referred to it by a Rail Passengers’ Committee to be considered by the Regulator, the Authority shall refer it (or, if it was referred to the Rail Passengers Committee by the Regulator, refer it back) to him, with a view to his exercising such of his powers as he considers appropriate in the circumstances of the case.]

(5) Where a [F33 Rail Passengers’ Committee] investigates any matter pursuant to subsections (1) to (3) above—

(a) it may prepare, and send to the [F34 Rail Passengers’ Council], 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 [F33 Rail Passengers’ Committee] by the [F35 Authority] as mentioned in subsection (2)(b)(i) above.

(6) At the request of the [F36 Authority], a [F37 Rail Passengers’ Committee] shall make a report to [F38 it] on such matters relating to the quality of the railway passenger services, and the station services, provided in the [F39 Rail Passengers’ Committee’s] area as may be specified in the request.

(7) The [F40 Authority] may arrange for the publication of any report under subsection (6) above in such manner as [F41 it] may consider appropriate.

(8) If the [F28 Authority]. . . so requests, a [F42 Rail Passengers’ Committee] shall assist the [F28 Authority], to such extent and in such respects as may be specified in the request, in ascertaining whether, in the case of any franchise agreement, the franchise operator is attaining the standards set for the provision of the franchised services.

(9) Where a [F43 Rail Passengers’ Committee] has investigated any matter pursuant to subsections (1) to (3) or subsection (6) above, 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 [F44 under subsection (4) or (4A)] 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 [F45 the Rail Passengers’ Committee] considers will be enjoyed by any person in consequence of the taking of those steps, [F45 the Rail Passengers’ Committee] is of the opinion, on the basis of the information available to it, that the expenditure involved represents good value for money.

(10) The services which are to be regarded for the purposes of this section as provided on behalf of the [F28 Authority] are the same services as are to be so regarded for the purposes of section 37 above.

(11) 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; F46 . . .

Textual Amendments

F21 Words in the sidenote to s. 77 substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 9(10); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F22 Words in s. 77(1) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 9(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F23 Words in s. 77(2) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 9(3)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F24 Words in s. 77(2)(b) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 21(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F25 Words in s. 77(2)(b)(ii) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 9(3)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F26 Words in s. 77(3) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 9(4)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F27 Words in s. 77(3) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 9(4)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F28 Words in s. 77(3)(b)(8)(10) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 47; 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))

F29 Words in s. 77(4) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 9(5)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F30 Words in s. 77(4) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 9(5)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F31 Words in s. 77(4) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 21(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F32 S. 77(4A) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 21(4); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F33 Words in s. 77(5) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 9(6)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F34 Words in s. 77(5)(a) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 9(6)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F35 Word in s. 77(5)(b) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 21(5); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F36 Word in s. 77(6) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 21(6)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F37 Words in s. 77(6) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 9(7)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F38 Word in s. 77(6) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 21(6)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F39 Words in s. 77(6) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 9(7)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F40 Word in s. 77(7) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 21(7)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F41 Words in s. 77(7) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 21(7)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F42 Words in s. 77(8) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 9(8); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F43 Words in s. 77(9) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 9(9)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F44 Words in s. 77(9)(b) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 21(9); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F45 Words in s. 77(9) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 9(9)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F46 Words in s. 77(11) 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)

C4 S. 77 excluded (30.11.2000) by 2000 c. 38, s. 253, Sch. 28 para. 10

C5 Ss. 76, 77 applied (1.4.1994) by 1993 c. 43, ss. 47(2)(d)(4)(d), 152(2), Sch. 13 para. 3(2) (modifying 1985 c. 67, s. 123); S.I. 1994/571, art. 5

78 Functions under section 56 of the Transport Act 1962. E+W+S

F47 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) After subsection (6) of that section there shall be inserted—

“(6ZA) If the Secretary of State so directs in the case of any consultative committee, subsections (4) to (6) of this section shall have effect in relation to that committee and the Central Committee as if the reference in subsection (4) of this section to services and facilities provided by any of the Boards included a reference to any such ferry service as may be specified in the direction, whether provided by a Board or by some other person; and, in the application of subsections (4) to (6) of this section in relation to any such ferry service, any reference in those subsections to a Board shall be taken to include a reference to the person providing the ferry service.”

F47 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47 S. 78(1)-(4)(6)(7) 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)

79 Annual reports by the [F48 Rail Passengers’ Council and the Rail Passengers’ Committees]. E+W+S

(1) [F49 The Rail Passengers’ Council and each of the Rail Passengers’ Committees] shall, as soon as practicable after the end of the first relevant financial year and of each subsequent financial year—

(a) make a report to the [F50 Authority] on [F51 its] activities during that year; and

(b) in the case of the [F52 Rail Passengers’ Council and the Rail Passengers’ Committees] for Scotland and for Wales, send a copy of that report to the Secretary of State;

and the Secretary of State shall lay before each House of Parliament a copy of the reports sent to him pursuant to paragraph (b) above.

[F53 (1A) The [F54 Rail Passengers’ Committee]] for Scotland shall, as soon as practicable after the end of each financial year, also send a copy of the report referred to in subsection (1) above to the Scottish Ministers and the Scottish Ministers shall lay a copy of each such report before the Scottish Parliament.

(1B) Subsection (1A) above shall not apply in relation to a financial year which ends before 1st April 1999.

(2) [F55 The Rail Passengers’ Council and each of the Rail Passengers’ Committees] may arrange for any report which it makes under subsection (1) above to be published in such manner as [F56 it] considers appropriate.

(3) In arranging for the publication of any report [F57 made by it under this section, the Rail Passengers’ Council or a Rail Passengers’ Committee] shall have regard to the need for excluding, so far as that is practicable, the matters specified in paragraphs (a) and (b) of section 71(2) above, for this purpose taking references in those paragraphs to the Regulator as references to [F58 the Rail Passengers’ Council or the Rail Passengers’ Committee].

(4) In this section—

• F59 . . .

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

• “first relevant financial year”, in relation to [F60 the Rail Passengers’ Council or any Rail Passengers’ Committee, means the financial year in which it is established.].

Textual Amendments

F48 Words in the sidenote to s. 79 substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 10(7); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F49 Words in s. 79(1) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 10(2)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F50 Word in s. 79(1)(a) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 22; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F51 Word in s. 79(1)(a) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 10(2)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F52 Words in s. 79(1)(b) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 10(2)(c); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F53 S. 79(1A)(1B) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 22 Pt. II para. 3; S.I. 1998/3178, art. 3

F54 Words in s. 79(1A) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 10(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F55 Words in s. 79(2) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 10(4)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F56 Word in s. 79(2) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 10(4)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F57 Words in s. 79(3) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 10(5)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F58 Words in s. 79(3) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 10(5)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F59 Definition of “committee" in s. 79(4) repealed (1.2.2001) by 2000 c. 38, ss. 227, 274, Sch. 22 para. 10(6)(a), 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)

F60 Words in the definition of “first relevant financial year" in s. 79(4) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 10(6)(b); 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)

C6 S. 79(1): certain functions made exercisable by Scottish Miniters concurrently with the Minister (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2; S.I. 1998/3178, art. 3