Railways Act 1993 (c. 43)

(The document as of February, 2008)

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(3) The Regulator shall consider any statement sent to him under sub-paragraph (2) above and shall either approve the statement or approve it with such modifications as he considers appropriate.

Amendment of other Acts

9 In section 14(1) of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970, after the words "the Transport Users' Consultative Committees," there shall be inserted the words "the Rail Users' Consultative Committees,"

10 In Part III of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975, the following entry shall be inserted at the appropriate place--

"Chairman of a rail users' consultative committee, appointed under section 2 of the Railways Act 1993".

Section 3.

SCHEDULE 3 The Central Rail Users' Consultative Committee

Preliminary

1 In this Schedule any reference to the committee is a reference to the Central Rail Users' Consultative Committee.

Remuneration of, and allowances for, the chairman

2 There shall be paid to the chairman of the committee such remuneration, and such travelling and other allowances, as the Regulator may, with the approval of the Treasury, determine.

Allowances for other members

3 There shall be paid to members of the committee other than the chairman such travelling and other allowances as the Regulator with the approval of the Treasury may determine.

Administration etc.

4 The Regulator shall make arrangements for the committee to be provided with office accommodation and with such services as he considers appropriate to enable them to carry out their functions.

Proceedings

5 (1) Subject to the following provisions of this paragraph and paragraph 6 below, the committee may regulate their own procedure, including quorum.

(2) The committee shall meet when convened by the chairman, and in any case shall meet at least twice a year.

(3) Without prejudice to the discretion of the chairman to call a meeting whenever he thinks fit, he shall call a meeting when required to do so by any three members of the committee.

(4) Minutes shall be kept of the proceedings at every meeting of the committee; and copies of those minutes shall be sent to the Secretary of State and the Regulator.

(5) A person who is a member of the committee by virtue of being the chairman of a consultative committee may appoint another member of that consultative committee to attend any meeting of the committee in his stead.

(6) The validity of any proceedings of the committee shall not be affected by any vacancy amongst the members or by any defect in the appointment of a member.

Admission of public to meetings

6 (1) Subject to sub-paragraph (2) below, meetings of the committee shall be open to the public.

(2) The public shall be excluded during any item of business where--

(a) it is likely, were members of the public to be present during that item, that information furnished in confidence to the committee by the Regulator or the Franchising Director would be disclosed in breach of the obligation of confidence;

(b) the committee have resolved that, by reason of the confidential nature of the item or for other special reasons stated in the resolution, it is desirable in the public interest that the public be excluded;

(i) any matter which relates to the affairs of an individual, or

(ii) any matter which relates specifically to the affairs of a particular body of persons, whether corporate or unincorporate,

where public disclosure of that matter would or might, in the opinion of the committee, seriously and prejudicially affect the interests of that individual or body.

(3) The committee shall give such notice--

(a) of any meeting of the committee which is open to the public, and

(b) of the business to be taken at that meeting (other than items during which the public is to be excluded),

as they consider appropriate for the purpose of bringing the meeting to the attention of interested members of the public.

Sub-committees

7 (1) The committee may, with the approval of the Regulator--

(a) establish sub-committees through which the committee may carry out such of their functions as they may determine;

(b) appoint such persons (including persons who are not members of the committee) to be members of any such sub-committee as they may determine; and

(2) Persons appointed under sub-paragraph (1) above who are not members of the committee may be reimbursed for their travelling expenses and such of their out-of-pocket expenses as do not relate to loss of remuneration.

Financial provisions

8 (1) There shall be paid by the Regulator out of money provided by Parliament--

(a) any sums payable to or in respect of any person under paragraph 2, 3 or 7 above; and

(b) any expenses incurred by the committee in accordance with any statement approved under sub-paragraph (3) below.

(2) The committee shall prepare and send to the Regulator not less than two months, or such other period as the Regulator may specify, before the beginning of each financial year a statement of the expenses which they expect to incur in respect of that year for the purposes of, or in connection with, the carrying out of their functions.

(3) The Regulator shall consider any statement sent to him under sub-paragraph (2) above and shall either approve the statement or approve it with such modifications as he considers appropriate.

Amendment of other Acts

9 In Part III of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975, the following entry shall be inserted at the appropriate place--

"Chairman of the Central Rail Users' Consultative Committee, appointed under section 3 of the Railways Act 1993".

Sections 17 and 19.

SCHEDULE 4 Access agreements: applications for access contracts

Interpretation

1 In this Schedule--

"application for directions" means an application for directions under section 17 of this Act;
"the facility owner" means the facility owner mentioned in section 17(1) of this Act;
"interested person" means any person whose consent is required by the facility owner, as a result of an obligation or duty owed by the facility owner which arose after the coming into force of section 17 of this Act, before the facility owner may enter into the required access contract;
"the required access contract" means the access contract which the applicant seeks to obtain by virtue of the application for directions;

and, subject to that, expressions used in this Schedule and in section 17 of this Act have the same meaning in this Schedule as they have in that section.

Making and withdrawal of application

2 (1) Any application for directions must be made in writing to the Regulator and must--

(a) contain particulars of the required rights;

(b) specify the terms which the applicant proposes should be contained in the required access contract; and

(c) include any representations which the applicant wishes to make with regard to the required rights or the terms to be contained in the required access contract.

(2) The applicant may, by giving notice in writing to the Regulator, withdraw or suspend the application at any time.

(3) In this paragraph "the required rights" means the permission to use the railway facility in question which it is sought to obtain by virtue of the application for directions.

Notifications, representations and information

3 (1) The Regulator shall--

(a) send a copy of any application for directions received by him to the facility owner; and

(b) invite the facility owner to make written representations to the Regulator within such period (being not less than 21 days from the date of issue of the invitation) as may be specified in the invitation.

(2) The Regulator shall send a copy of any such representations received by him to the applicant and invite him to make further written representations within such period (being not less than 10 days from the date of issue of the invitation) as may be specified in the invitation.

(3) The Regulator may from time to time request or invite further information, clarification or representations from the applicant or the facility owner.

Interested persons

4 (1) Where the Regulator receives an application for directions, he shall issue a direction to the facility owner requiring him to furnish the name and address of every interested person to the Regulator within such period (being not less than 14 days from the date of issue of that direction) as may be specified in that direction.

(2) Where the name and address of an interested person is furnished pursuant to sub-paragraph (1) above, the Regulator shall invite the interested person to make written representations to him within such period (being not less than 14 days from the date of issue of the invitation) as may be specified in the invitation.

(3) The Regulator shall send a copy of any such representations received by him to the applicant and to the facility owner and invite each of them to make written representations within such period (being not less than 10 days from the date of issue of the invitation) as may be specified in the invitation.

(4) The Regulator may from time to time request or invite further information, clarification or representations from any interested person.

The decision and the directions

5 (1) The Regulator shall inform the applicant, the facility owner and any interested person of his decision on an application for directions.

(2) If the Regulator decides to give directions to the facility owner requiring him to enter into an access contract--

(a) the directions shall specify--

(i) the terms of the access contract; and

(ii) the date by which the access contract is to be entered into; and

(b) the Regulator may also give directions to the applicant or the facility owner requiring him to pay compensation of such amount as may be specified in the directions to such interested person as may be so specified.

(3) Any compensation directed to be paid by virtue of sub-paragraph (2)(b) above shall be recoverable as a debt due.

(4) The facility owner shall be released from his duty to comply with the directions if the applicant fails to enter into an access contract on the terms required by the directions by the date specified for that purpose in the directions.

Effect of directions on facility owner and interested persons

6 (1) Any directions given on an application for directions or under this Schedule shall be binding on the person to whom they are given, notwithstanding any obligation or duty he may owe to an interested person and whether or not the interested person has had an opportunity to make representations.

(2) No interested person, and no successor to an interested person, shall take any step for the purpose of enforcing or exercising any right he may have against the facility owner in respect of, or in consequence of, the facility owner's--

(a) entering into an access contract pursuant to directions under section 17 of this Act,

(b) performing such a contract in accordance with its terms, or

(c) failing to take any step to protect the interests of the interested person in connection with the application for directions, or the making of the access contract,

whether or not the interested person had, or has had, an opportunity to make representations.

(3) The duty of the facility owner to furnish the Regulator with the name and address of every interested person pursuant to a direction under paragraph 4 above is a duty owed to each interested person and (subject to the defences and incidents applying in actions for breach of statutory duty) any contravention of that duty shall be actionable at the suit or instance of the interested person and the facility owner shall be liable for any loss or damage suffered by the interested person as a result of any access contract which is entered into in consequence of the application for directions.

(4) It shall be a defence in any proceedings brought by virtue of sub-paragraph (3) above for the facility owner to show that he took all reasonable steps, and exercised all due diligence, to avoid contravening the duty in question.

(5) In this paragraph "successor", in relation to an interested person, means any person--

(a) who is a successor in title to the interested person; or

(b) whose rights derive directly or indirectly from the interested person.

Financial provision

7 (1) Any sums required by the Franchising Director for the payment of compensation pursuant to directions under this Schedule shall be paid by the Secretary of State out of money provided by Parliament.

(2) Any sums received by the Franchising Director under this Schedule shall be paid into the Consolidated Fund.

Section 49.

SCHEDULE 5 Alternative closure procedure

Application of Schedule

1 (1) This Schedule applies in relation to any railway passenger services, or railway passenger services of a class or description, or any part of any such service, for the time being designated in an order under section 49(3) of this Act as railway passenger services in relation to which this Schedule is to have effect.

(2) In this Schedule "qualifying services" means any services, or part of a service, falling within sub-paragraph (1) above.

Notice of proposed closure

2 Where a person (in this Schedule referred to as "the operator") who provides qualifying services proposes to discontinue the provision of all such services from any station or on any line (in this Schedule referred to as a closure), he shall, not less than six weeks before carrying the proposal into effect, publish in two successive weeks in two local newspapers circulating in the area affected, and in such other manner as appears to him appropriate, a notice--

(a) giving the date and particulars of the proposed closure, and particulars of any alternative services which it appears to him will be available and of any proposals of his for providing or augmenting such services; and

(b) stating that objections to the proposed closure may be lodged in accordance with this Schedule within six weeks of a date specified in the notice, being the date on which the notice is last published in a local newspaper as required by this paragraph;

and copies of the notice shall be sent to the appropriate consultative committee.

Objections

3 (1) Where a notice has been published under paragraph 2 above, any user of any service affected, and any body representing such users, may within the period specified in the notice lodge with the appropriate consultative committee an objection in writing.

(2) Where such an objection is lodged with a consultative committee--

(a) the committee shall forthwith inform the Secretary of State and the operator; and

(b) the closure shall not be proceeded with until the committee has reported to the Secretary of State and the Secretary of State has given his consent.

Conditions

4 (1) The Secretary of State may give his consent under paragraph 3(2)(b) above subject to such conditions as he thinks fit.

(2) The Secretary of State may at any time vary or revoke any conditions which are for the time being required to be complied with pursuant to sub-paragraph (1) above.

Functions of the consultative committee

5 (1) A consultative committee with whom an objection has been lodged under paragraph 3(1) above shall--

(a) consider the objection and any representations made by the operator; and

(b) report to the Secretary of State as soon as possible on the hardship, if any, which they consider will be caused by the proposed closure;

and the report may contain proposals for alleviating that hardship.

(2) Where objections with respect to any proposed closure have been lodged with more than one consultative committee, the committees in question--

(a) may report jointly to the Secretary of State; or

(b) may agree that the consideration of objections and representations relating to the closure and the making of a report to the Secretary of State shall be delegated to any of those committees appearing to them to be principally concerned.

(3) The Secretary of State may require a consultative committee to make a further report; and if in any case the Secretary of State considers that a report or further report has been unreasonably delayed he may, after consulting the committee concerned and making such enquiries as he thinks fit, consent to the proposed closure without awaiting the report or further report.

(4) Copies of every report under this paragraph shall be sent to the Central Committee and to the operator.

(5) Where for the purposes of sub-paragraph (1) or (2) above a consultative committee decide to hear an objector orally, or to hear oral representations made on behalf of the operator, they shall hear the objector or the representations, as the case may be, in public.

Interpretation

6 (1) For the purposes of this Schedule, the appropriate consultative committee, in relation to a proposed closure, is the consultative committee for the area in which the station or the line, or any part of the line, affected by the proposed closure is situated.

(2) For the purposes of this Schedule, "railway" has its wider meaning.

Section 59.

SCHEDULE 6 Railway administration orders

Part I Modifications of the 1986 Act

General application of provisions of 1986 Act

1 Where a railway administration order has been made, sections 11 to 23 and 27 of the 1986 Act (which relate to administration orders under Part II of that Act) shall apply, with the modifications specified in the following provisions of this Part of this Schedule--

(a) as if references in those sections to an administration order were references to a railway administration order and references to an administrator were references to a special railway administrator; and

(b) where the company in relation to which the order has been made is a protected railway company which is an unregistered company, as if references in those sections to a company included references to such a company.

Effect of order

2 In section 11 of the 1986 Act (effect of order), as applied by this Part of this Schedule,--

(a) the requirement in subsection (1)(a) that any petition for the winding up of the company shall be dismissed shall be without prejudice to the railway administration order in a case where the order is made by virtue of section 61 of this Act; and

(b) the reference in subsection (3)(d) to proceedings shall include a reference to any proceedings under or for the purposes of section 55 of this Act.

Appointment of special railway administrator

3 In section 13 of the 1986 Act (appointment of administrator), as applied by this Part of this Schedule, for subsection (3) there shall be substituted the following subsection--

" (3) An application for an order under subsection (2) may be made--

(a) by the Secretary of State;

(b) if the company is the holder of a passenger licence under Part I of the Railways Act 1993, by the Director of Passenger Rail Franchising with the consent of the Secretary of State;

(c) by any continuing special railway administrator of the company or, where there is no such special railway administrator, by the company, the directors or any creditor or creditors of the company. "

General powers of special railway administrator

4 In section 14 of the 1986 Act (general powers of administrator), as applied by this Part of this Schedule,--

(a) in subsection (1)(b), the reference to the powers specified in Schedule 1 to that Act shall be taken to include a reference to a power to act on behalf of the company for the purposes of this Act or any provision of a local or private Act which confers any power, or imposes any duty or obligation, on the company; and

(b) in subsection (4), the reference to a power conferred by the company's memorandum or articles of association--

(i) shall be taken to include a reference to any power conferred by any provision of a local or private Act which confers any power, or imposes any duty or obligation, on the company; and

(ii) in the case of a company which is an unregistered company, shall be taken also to include a reference to any power conferred by the company's constitution.

Power to deal with charged property

5 (1) Section 15 of the 1986 Act (power to deal with charged property), as applied by this Part of this Schedule, shall have effect as follows.

(2) In subsection (5)(b) (amount to be paid to chargeholder not to be less than open market value), for the words "in the open market by a willing vendor" there shall be substituted the words "for the best price which is reasonably available on a sale which is consistent with the purposes of the railway administration order".

Duties of special railway administrator

6 (1) Section 17 of the 1986 Act (duties of administrator), as applied by this Part of this Schedule, shall have effect in accordance with the following provisions of this paragraph.

(2) For subsection (2) there shall be substituted the following subsection--

" (2) Subject to any directions of the court, it shall be the duty of the special railway administrator to manage the affairs, business and property of the company in accordance with proposals, as for the time being revised under section 23, which have been prepared for the purposes of that section by him or any predecessor of his. "

(3) In subsection (3), paragraph (a) (right of creditors to require the holding of a creditors' meeting) shall be omitted.

Discharge of order

7 (1) Section 18 of the 1986 Act (discharge and variation of administration order), as applied by this Part of this Schedule, shall have effect as follows.

(2) For subsections (1) and (2) there shall be substituted the following subsection--

" (1) An application for a railway administration order to be discharged may be made--

(a) by the special railway administrator, on the ground that the purposes of the order have been achieved; or

(b) by the Secretary of State or, if the company is the holder of a passenger licence under Part I of the Railways Act 1993, by the Director of Passenger Rail Franchising with the consent of the Secretary of State, on the ground that it is no longer necessary that the purposes of the order are achieved. "

(3) In subsection (3), the words "or vary" shall be omitted.

(4) In subsection (4), the words "or varied" and "or variation" shall be omitted and for the words "to the registrar of companies" there shall be substituted--

(a) except where the company is an unregistered company which is not subject to a requirement imposed under or by virtue of section 691(1) or 718 of the [1985 c. 6.] Companies Act 1985 to deliver any documents to the registrar of companies, the words "to the Rail Regulator, the Director of Passenger Rail Franchising and the registrar of companies"; and

(b) where the company is an unregistered company which is not subject to such a requirement as is mentioned in paragraph (a) above, the words "to the Rail Regulator and the Director of Passenger Rail Franchising".

Notice of making of order

8 In section 21(2) of the 1986 Act (notice of order to be given by administrator), as applied by this Part of this Schedule, for the words "to the registrar of companies" there shall be substituted--

Statement of proposals

9 In section 23 of the 1986 Act (statement of proposals), as applied by this Part of this Schedule, for subsections (1) and (2) there shall be substituted the following subsections--

" (1) Where a railway administration order has been made, the special railway administrator shall, within 3 months (or such longer period as the court may allow) after the making of the order, send a statement of his proposals for achieving the purposes of the order--

(a) to the Secretary of State;

(b) to the Rail Regulator;

(d) so far as he is aware of their addresses, to all creditors of the company; and

(e) except where the company is an unregistered company which is not subject to a requirement imposed under or by virtue of section 691(1) or 718 of the [1985 c. 6.] Companies Act 1985 to deliver any documents to the registrar of companies, to the registrar of companies;

and may from time to time revise those proposals.

(2) If at any time--

(a) the special railway administrator proposes to make revisions of the proposals for achieving the purposes of the railway administration order, and

(b) those revisions appear to him to be substantial,

the special railway administrator shall, before making those revisions, send a statement of the proposed revisions to the persons specified in subsection (2A).

(2A) The persons mentioned in subsection (2) are--

(a) the Secretary of State;

(b) the Rail Regulator;

(d) all creditors of the company, so far as the special railway administrator is aware of their addresses; and

(2B) Where the special railway administrator is required by subsection (1) or (2) to send any person a statement before the end of any period or before making any revision of any proposals, he shall also, before the end of that period or, as the case may be, before making those revisions either--

(a) send a copy of the statement (so far as he is aware of their addresses) to all members of the company; or

(b) publish in the prescribed manner a notice stating an address to which members should write for copies of the statement to be sent to them free of charge. "

Applications to court

10 (1) Section 27 of the 1986 Act (protection of interests of creditors and members), as applied by this Part of this Schedule, shall have effect as follows.

(2) After subsection (1) there shall be inserted the following subsections--

" (1A) At any time when a railway administration order is in force the Secretary of State or, if the company is the holder of a passenger licence under Part I of the Railways Act 1993, the Director of Passenger Rail Franchising with the consent of the Secretary of State may apply to the High Court or the Court of Session by petition for an order under this section on the ground specified in subsection (1B).

(1B) The ground mentioned in subsection (1A) is that the special railway administrator has exercised or is exercising, or proposing to exercise, his powers in relation to the company in a manner which--

(a) will not best ensure the achievement of the purposes of the order; or

(b) without prejudice to paragraph (a) above, involves a contravention of any of the conditions of any licence under Part I of the Railways Act 1993 held by the company.

(1C) Where an application is made under subsection (1) in respect of a company in relation to which a railway administration order is in force--

(a) notice of the application shall be given to the Secretary of State; and

(b) he shall be entitled to be heard by the court in connection with that application. "

(3) Subsection (3) (order not to prejudice or prevent voluntary arrangements or administrator's proposals) shall be omitted.

(4) In subsection (4) (provision that may be made in an order), the words "Subject as above" shall be omitted and for paragraph (d) there shall be substituted--

" (d) without prejudice to the powers exercisable by the court in making a railway administration order--

(i) provide that the railway administration order is to be discharged as from such date as may be specified in the order unless, before that date, such measures are taken as the court thinks fit for the purpose of protecting the interests of creditors; and

(ii) make such consequential provision as the court thinks fit. "

(5) For subsection (6) there shall be substituted--

" (6) Where a railway administration order is discharged in consequence of such provision in an order under this section as is mentioned in subsection (4)(d)(i), the special railway administrator shall, within 14 days after the date on which the discharge takes effect, send an office copy of the order under this section--

(a) to the Rail Regulator;

(b) to the Director of Passenger Rail Franchising; and

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