Annex A – Territorial extent and application in the United Kingdom
- Section 5(1) sets out the territorial extent of the Act, which describes the jurisdictions in which the Act forms part of the law. The Act extends to England and Wales and Scotland.
- The main subject matter of the Act is the provision of rail passenger services. However, the Act also touches on procurement because of the modified application of the Public Service Obligations in Transport Regulations 2023. Under both the Scotland Act 1998 and the Government of Wales Act 2006, "railway services" constitute a reserved matter whereas procurement is a devolved matter. The provisions of the Act which relate to procurement also relate to railway services and are therefore outside the legislative competence of both the Scottish Parliament and the Senedd.
- Although railway services are reserved, RA93 confers duties and powers on the Scottish and Welsh Ministers by making them the appropriate designating authority or the appropriate franchising authority of relevant services (see section 23 of the RA93).
