The Passengers’ Council (Non-Railway Functions) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order confers additional functions on the Rail Passengers’ Council (known under the operating name “Passenger Focus”), which was established under section 19 of the Railways Act 2005. This Order is made under powers in section 19A of that Act, inserted by section 74 of the Local Transport Act 2008. The power in section 19A extends to England, Wales and Scotland only. Although this Order amends enactments which extend to Northern Ireland, the amendments do not apply to that legislation as it extends to Northern Ireland.

The general duties of the Rail Passengers’ Council are prescribed in section 76 of the Railways Act 1993. The Council has a statutory duty to investigate certain matters relating to the provision of railway passenger services and station services. Such matters may be referred to the Council by passengers, passenger representative bodies, or the Secretary of State. The Council may also investigate such other matters as it thinks fit.

Article 2 changes the name of the Rail Passengers’ Council to the Passengers’ Council, to reflect the new functions conferred upon it by virtue of this Order. This article also introduces the Schedule, which makes consequential amendments to other legislation arising from the change of name.

Article 3 inserts into the Transport Act 1985 a new Part 5A consisting of twelve sections which confer powers and impose duties on the Council in relation to road passenger transport services and road passenger transport facilities in England. New section 112B confers new functions in relation to the provision of bus services (local services, as defined in section 2 of the Transport Act 1985), domestic coach services, tramway passenger services, and road passenger transport facilities. The new provisions impose a duty on the Council to investigate certain matters referred by the Secretary of State, passengers, or passenger representative bodies. The Council may also investigate matters of its own volition (new section 112C). Where the Council considers it to be appropriate, it may refer certain matters to another body for investigation (new section 112D).

These new functions apply only to services and facilities so far as they are provided in England. Where a matter relates solely to services or facilities provided, procured or authorised by Transport for London, the Council has no power to initiate an investigation, although it may consider such services or facilities as part of a wider investigation into services elsewhere in England. Any such matters referred by passengers or passenger representatives must be sent to the London Transport Users’ Committee.

New section 112E enables the Council to request information from providers of services and facilities, and requires such persons to provide the information unless it is unreasonable for them to do so. New section 112G sets out the powers of the Passengers’ Council to make representations to certain persons, and imposes duties on those persons to respond. New sections 112H and 112I enable the Council to refer a matter to a traffic commissioner, a promoter of a tramway or, as appropriate, the Secretary of State, following investigation, so that appropriate enforcement action may be considered.

Article 4 increases the maximum number of ordinary members of the Passengers’ Council from 12 to 14. This does not affect the appointment of the Chairman, or the members appointed by the Scottish Ministers, the Welsh Ministers and the London Assembly.

Article 5 makes consequential amendments to the Railways Act 2005.

An impact assessment has been prepared and copies can be obtained from the Department for Transport, Great Minster House, 76 Marsham Street, London, SW1P 2DR. The assessment is annexed to the Explanatory Memorandum which can be found alongside the instrument on the Office of Public Sector Information website (www.opsi.gov.uk).