http://www.legislation.gov.uk/ukpga/1993/43/section/118Railways Act 1993An Act to provide for the appointment and functions of a Rail Regulator and a Director of Passenger Rail Franchising and of users’ consultative committees for the railway industry and for certain ferry services; to make new provision with respect to the provision of railway services and the persons by whom they are to be provided or who are to secure their provision; to make provision for and in connection with the grant and acquisition of rights over, and the disposal or other transfer and vesting of, any property, rights or liabilities by means of which railway services are, or are to be, provided; to amend the functions of the British Railways Board; to make provision with respect to the safety of railways and the protection of railway employees and members of the public from personal injury and other risks arising from the construction or operation of railways; to make further provision with respect to transport police; to make provision with respect to certain railway pension schemes; to make provision for and in connection with the payment of grants and subsidies in connection with railways and in connection with the provision of facilities for freight haulage by inland waterway; to make provision in relation to tramways and other guided transport systems; and for connected purposes.texttext/xmlenStatute Law Database2026-05-05Expert Participation2026-04-06 Railways Act 1993s. 16(2)(aa)The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)reg. 23reg. 1(1) Part III1181In time of hostilities, whether actual or imminent, severe international tension or great national emergency, the Secretary of State may give directions under this subsection to such of the following persons as he may consider appropriate, that is to say—a the Office of Rail and Road;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cany person who is the owner or operator of a relevant asset;dany person who provides railway services.2The Secretary of State may at any time give directions under this subsection to any person falling within paragraphs (a) to (d) of subsection (1) above whom he may consider appropriate, requiring that person to participate in the planning of steps that might be taken in time of actual or imminent hostilities, severe international tension or great national emergency.3The power to give directions under subsection (1) above to the Office of Rail and Road . . . includes power to direct the carrying out of functions in such manner or for such purposes as may be specified in the direction.4The power to give directions under subsection (1) above to a person who is the owner or operator of a relevant asset or who provides railway services includes power—ain the case of a person who is the owner of a relevant asset, to direct that person to permit the use of, or to exercise his rights over, the relevant asset in such manner or for such purposes as may be specified in the direction;bin the case of a person who is the operator of a relevant asset, to direct that person to exercise his powers of management over the relevant asset in such manner or for such purposes as may be so specified; andcin the case of a person who provides railway services, to direct that person to do so in such manner or for such purposes as may be so specified.5 The Office of Rail and Road . . . shall . . . be under a duty to comply with a direction . . . under this section, notwithstanding the requirements of any other enactment or instrument . . ..6A person who is the owner or operator of a relevant asset or who provides railway services shall be under a duty to comply with a direction given to him under this section, notwithstanding the requirements of any other enactment or instrument relating to him or to—athe use of, or the exercise of rights over, the relevant asset,bthe management of the relevant asset, orcthe railway services,as the case may be, and notwithstanding any other duty or obligation to which he may be subject.7Any person who, without reasonable excuse, contravenes or fails to comply with a direction given to him under this section is guilty of an offence and shall be liable—aon summary conviction, to a fine not exceeding the statutory maximum; orbon conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.8No proceedings shall be instituted in England and Wales in respect of an offence under this section except by or with the consent of the Secretary of State or the Director of Public Prosecutions.9Any person (other than the Office of Rail and Road . . . ) who suffers direct injury or loss arising from compliance with a direction under subsection (1) above shall be entitled to receive compensation from the Secretary of State of such amount as may be agreed by that person and the Secretary of State or, in default of agreement, of such amount as may be determined—awhere the proceedings are to be held in England and Wales, by an arbitrator appointed by the President for the time being of the Royal Institution of Chartered Surveyors, orbwhere the proceedings are to be held in Scotland, by an arbiter appointed by the Lord President of the Court of Session.10Any sums required by the Secretary of State for paying compensation under this section shall be paid out of money provided by Parliament.11In this section—“great national emergency” means any natural disaster or other emergency which, in the opinion of the Secretary of State, is or may be likely to give rise to such disruption of the means of transport that the population, or a substantial part of the population, of Great Britain is or may be likely to be deprived of essential goods or services ;“operator”, in relation to a relevant asset, means the person having the management of the relevant asset for the time being;“owner”, in relation to a relevant asset, means any person—who is the owner of, or who has any right over or interest in, the relevant asset; andwhose consent is needed to the use of the relevant asset by any other person;“relevant asset” means a network, a station, a light maintenance depot or any track or rolling stock;and, subject to that, expressions used in this section and in Part I . . . above have the same meaning in this section as they have in that Part with “railway”having its wider meaning for the purposes of this section..12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Pt. III (ss. 117-154) excluded (retrospective to 5.11.1993) by 1994 c. 9, s. 252, Sch. 24 para. 4(1)Words in s. 118(3) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 49(3)(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))Words in s. 118(5) repealed (1.2.2001) by 2000 c. 38, ss. 215, 274, Sch. 16 para. 49(4)(b), 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) (which S.I. was amended by S.I. 2001/115, art. 2(2))Words in s. 118(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))S. 118(12) 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))Words in s. 118(11) inserted (8.6.2005) by Railways Act 2005 (c. 14), ss. 54(1), 60; S.I. 2005/1444, art. 2(1), Sch. 1S. 118(1)(b) repealed (1.12.2006) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)Words in s. 118(3) repealed (1.12.2006) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)Words in s.118(5) repealed (1.12.2006) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)Words in s. 118(9) repealed (1.12.2006) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)Words in s. 118(1)(a)(3)(5)(9) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(zz)