Railways Bill — Bill 373 2024-26 (as amended in Committee) - pdf

Railways Bill
[AS AMENDED IN COMMITTEE]
CONTENTS
PART 1
THE NEW REGIME FOR THE RAILWAYS
CHAPTER 1
GREAT BRITISH RAILWAYS
Designation and status
1 Great British Railways
2 Crown status etc
Functions
3 Functions
4 Exercise of functions of Scottish and Welsh Ministers
5 Co-operation with relevant local government bodies
6 Co-operation with Transport for London
Directions and guidance
7 Directions by Secretary of State
8 Directions by Scottish Ministers
9 Guidance by Secretary of State
10 Guidance by Scottish Ministers
Licensing
11 Licensing
Financial arrangements etc
12 Funding
13 Charging and terms and conditions
14 Levy payable to ORR
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CHAPTER 2
EXERCISE OF RAILWAY FUNCTIONS
Strategies and target
15 Rail strategy
16 Duty of Great British Railways and ORR to have regard to strategies etc
17 Rail freight target
Duties
18 General duties of Ministers, Great British Railways and ORR
19 Safety duty of Ministers and ORR
20 Competition duty of ORR
21 Duty of ORR to have regard to Secretary of State’s guidance
22 Duty of ORR to have regard to Scottish Ministers’ guidance
Scotland and Wales
23 Memorandum of understanding: Secretary of State and Scottish Ministers
24 Memorandum of understanding: Secretary of State and Welsh Ministers
PART 2
PASSENGER AND STATION SERVICES
CHAPTER 1
PASSENGER SERVICES
Designation and exemption of services
25 Designation of services by Secretary of State
26 Designation of services by Scottish Ministers
27 Designation of services by Welsh Ministers
28 Exemption from designation: power of Secretary of State
29 Exemption from designation: powers of Scottish and Welsh Ministers
30 Exemption from designation: supplementary
Provision of services
31 Provision of railway passenger services
32 Contracts awarded under : supplementary
Fares
33 Fares
34 Discount fare schemes
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Interpretation
35 Interpretation of Chapter 1 of Part 2
CHAPTER 2
THE PASSENGERS’ COUNCIL
General
36 General duties of the Council
37 Keeping matters under review and collecting information
38 Exercise of functions under section
Investigations
39 Investigations
40 Power to obtain information
41 Protection of confidential information
42 Representations and referrals
43 Reports
Complaints and dispute resolution
44 Complaints
45 Dispute resolution
Standards and improvement plans
46 Standards
47 Improvement plans
Other functions
48 Advice about railway passenger services and station services
49 Consultation about railway passenger services and station services
50 Publication of information and advice
Miscellaneous
51 Power to make exclusions
52 Interpretation of Chapter 2 of Part 2
CHAPTER 3
THE LONDON TRANSPORT USERS’ COMMITTEE
53 General duties of the LTUC
54 Collection of information by the LTUC
55 Investigations by the LTUC
56 Complaints to the LTUC
57 Publication of information and advice by the LTUC
58 Restrictions on disclosure of information by the LTUC
iii Railways Bill

PART 3
MISCELLANEOUS PROVISIONS
CHAPTER 1
ACCESS TO INFRASTRUCTURE AND SERVICES
Access to and use of GBR infrastructure
59 Access and use policy
60 Infrastructure capacity plan
61 The working timetable
62 Preparation of working timetable
63 Capacity duty
64 Charging scheme
65 Performance scheme
66 Consultation
67 Appeals against access, charging and performance decisions
68 Appeal procedure
Access agreements and rights
69 Access agreements
70 Access rights
71 Operation of existing agreements and rights
Supplementary
72 Regulations about non-GBR infrastructure, facilities and services
73 Interpretation of Chapter 1 of Part 3
CHAPTER 2
OTHER PROVISIONS
The ORR
74 Monitoring Great British Railways
75 Miscellaneous functions of ORR
Publication of information
76 Publication of information by ORR
77 Publication of information by Secretary of State
78 Publication of information by Scottish Ministers
79 Publication of information by Welsh Ministers
Co-operation etc
80 Duty to consult Scottish and Welsh Ministers
81 Duty to consult mayoral combined authorities
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82 Duty to consult Transport for London
83 Advice from relevant local government bodies
84 Advice from Transport for London
Removal of road vehicles
85 Charging for removal etc of road vehicles
Transfer schemes
86 Transfer schemes made by Secretary of State
87 Transfer schemes made by Scottish Ministers
88 Transfer schemes made by Welsh Ministers
89 Further provision about transfer schemes
90 Transfer of staff to the Passengers’ Council
Licensing etc of train drivers
91 Licensing etc of train drivers
International interests in railway rolling stock
92 Cape Town Convention and Luxembourg Protocol
PART 4
GENERAL
93 Minor and consequential amendments
94 Power of Secretary of State to make consequential provision
95 Regulations
96 General interpretation
97 Extent
98 Commencement
99 Short title
Licensing of Great British Railways Schedule 1 —
Funding Great British Railways Schedule 2 —
Funding by the Secretary of State Part 1 —
Funding by the Scottish Ministers Part 2 —
Subsidy Control Part 3 —
Interpretation Part 4 —
Transfer schemes Schedule 3 —
Minor and consequential amendments Schedule 4 —
v Railways Bill

[AS AMENDED IN COMMITTEE]
A
BILL
TO
Make provision about railways and railway services; and for connected
purposes.
B
E IT ENACTED by the King’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
PART 1
THE NEW REGIME FOR THE RAILWAYS
CHAPTER 1
GREAT BRITISH RAILWAYS
5Designation and status
1 Great British Railways
The Secretary of State may by regulations designate a body corporate as Great
British Railways.
2 Crown status etc
10(1) Great British Railways is not to be regarded as a servant or agent of the
Crown, or as enjoying any status, immunity or privilege of the Crown.
(2) Great British Railways’ property is not to be regarded as property of, or
property held on behalf of, the Crown.
(3)
15
Service as a member of staff of Great British Railways is not service in the
civil service of the State.
(4) Employment by Great British Railways is not Crown employment for the
purposes of the Trade Union and Labour Relations (Consolidation) Act 1992
(see section 273 of that Act).
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(5) The Secretary of State, the Scottish Ministers and the Welsh Ministers are not
to be regarded as shadow directors of Great British Railways for the purpose
of any provision of the Companies Acts.
(6)
5
This section is not to be read as preventing the exercise of functions by Great
British Railways on behalf of the Secretary of State, the Scottish Ministers or
the Welsh Ministers under arrangements made by the Secretary of State, the
Scottish Ministers or the Welsh Ministers.
(7) In this section “the Companies Acts” has the same meaning as in the
Companies Act 2006 (see section 2(1) of that Act).
10Functions
3 Functions
(1) Great British Railways has the following general functions—
(a) managing, operating, maintaining, renewing and improving railway
infrastructure,
15(b) providing railway passenger services,
(c) determining the fares payable for travel on the railway passenger
services it provides,
(d) selling tickets for travel on railway passenger services or securing that
tickets are available for sale,
20(e) providing services to facilitate the provision and use of railway
services, including where the railway services are provided by persons
other than Great British Railways,
(f) carrying out research and development and supporting innovation in
relation to railways and railway services, and
25(g) publishing advice and standards on matters related to railways and
railway services.
(2) Great British Railways’ function under subsection (1)(a) includes—
(a) making strategic plans as to the future provision of railway
infrastructure in Great Britain and implementing those plans, and
30(b) making decisions about access to, and the use of, railway infrastructure
for the operation of trains.
(3) The Secretary of State may by regulations confer on Great British Railways
such other functions relating to railways or railway services as the Secretary
of State considers appropriate.
35(4) In this Act “statutory functions”, in relation to Great British Railways, means—
(a) the functions mentioned in subsection (1),
(b) any functions conferred by regulations under subsection (3),
(c) the power under section 13 to charge and set terms and conditions,
and
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(d) any other functions conferred by this or any other Act, or by a statutory
instrument, that are exercisable by Great British Railways,
but does not include any functions under the 2016 Regulations so far as
relating to service facilities or the supply of services.
5(5) As well as, or instead of, exercising its statutory functions itself, Great British
Railways may exercise those functions through one or more GBR companies.
(6) Nothing in this section or section 13 is to be read as limiting any powers
which Great British Railways has as a result of being a body corporate.
4 Exercise of functions of Scottish and Welsh Ministers
10(1) The Scottish Ministers and the Welsh Ministers may each make arrangements
for any of their functions relating to railways or railway services to be
exercised on their behalf by—
(a) Great British Railways,
(b) a subsidiary of Great British Railways,
15(c) in the case of functions of the Scottish Ministers, a company jointly
owned by the Scottish Ministers and Great British Railways, or
(d) in the case of functions of the Welsh Ministers, a company jointly
owned by the Welsh Ministers and Great British Railways.
(2)
20
Before making, varying or revoking arrangements under this section the
Ministers must consult—
(a) the Secretary of State, and
(b) Great British Railways.
(3) The Ministers on whose behalf functions are to be exercised in accordance
25
with arrangements under this section must publish a document setting out
the terms of the arrangements.
(4) Arrangements under this section do not affect the Ministers’ responsibility
for the exercise of their functions.
(5) Where arrangements under this section provide for the exercise of functions
30
by Great British Railways, section 3(5) applies in relation to the functions as
it applies in relation to statutory functions of Great British Railways.
(6) Where arrangements under this section provide for the exercise of functions
by Great British Railways or a GBR company, the functions in question are
to be treated for the purposes of sections 7 to 10, 13 and 16 to 19 as statutory
35
functions of Great British Railways (instead of as functions of the Scottish
Ministers or the Welsh Ministers).
5 Co-operation with relevant local government bodies
(1) Great British Railways may enter into arrangements with a relevant local
government body about the exercise by Great British Railways of its statutory
functions in relation to railways and railway services in the body’s area.
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(2) The arrangements may include arrangements under which sums become due
from the body to Great British Railways.
(3) A relevant local government body and Great British Railways must provide
to each other such information—
5(a) as the other reasonably requires for the purpose of exercising its
functions in relation to railways and railway services, and
(b) which it is lawful to disclose apart from this subsection.
(4) For the purpose of subsection (3) a reference to the functions of Great British
10
Railways in relation to railways and railway services is to be read as a
reference to its statutory functions in relation to railways and railway services
in the body’s area.
(5) In this section “a relevant local government body” means—
(a) a mayoral combined authority,
(b) a mayoral combined county authority, or
15(c) a Passenger Transport Executive for an integrated transport area.
6 Co-operation with Transport for London
(1) Section 175 of the Greater London Authority Act 1999 (co-operation) is
amended as follows.
(2) For the heading substitute “Co-operation with Great British Railways”.
20(3) In subsection (1), in the words before paragraph (a), for “the Secretary of
State” substitute “Great British Railways”.
(4) In subsection (1B), for “The Secretary of State” substitute “Great British
Railways”.
(5)
25
In subsections (2) and (2A), for “the Secretary of State” substitute “Great
British Railways”.
(6) For subsection (3) substitute—
“(3) For the purposes of subsections (1) and (2) a reference to the functions
of Great British Railways is to be read as a reference to Great British
30
Railways’ statutory functions (within the meaning of the Railways Act
2026) in relation to railways in Greater London and London railway
passenger and goods services.”
(7) In subsection (3A)—
(a) after “passenger” insert “or goods”, and
(b) after “passengers”, in both places it occurs, insert “or goods”.
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Directions and guidance
7 Directions by Secretary of State
(1) The Secretary of State may give directions to Great British Railways as to the
exercise of its statutory functions.
5(2) A direction under this section may provide, in particular, that a function is
only to be exercised—
(a) after consulting the Secretary of State, or
(b) with the Secretary of State’s consent.
(3) The Secretary of State may vary or revoke a direction under this section.
10(4) The Secretary of State—
(a) must obtain the consent of the Scottish Ministers before exercising
powers under this section, other than powers relating to functions
under Chapter 1 of Part 3, in a manner that directly affects the exercise
by Great British Railways of functions—
15(i) on behalf of the Scottish Ministers in accordance with
arrangements made under section 4, or
(ii) under a contract awarded under section 31(3)(b), and
(b) must obtain the consent of the Welsh Ministers before exercising
20
powers under this section, other than powers relating to functions
under Chapter 1 of Part 3, in a manner that directly affects the exercise
by Great British Railways of functions—
(i) on behalf of the Welsh Ministers in accordance with
arrangements made under section 4, or
(ii) under a contract awarded under section 31(4)(b).
25(5) The Secretary of State must publish—
(a) a direction under this section, and
(b) any variation or revocation of the direction.
(6) The duty to comply with a direction under this section is enforceable by the
Secretary of State in civil proceedings—
30(a) for an injunction,
(b) for specific performance of a statutory duty under section 45 of the
Court of Session Act 1988, or
(c) for any other appropriate remedy or relief.
8 Directions by Scottish Ministers
35(1) The Scottish Ministers may give directions to Great British Railways as to the
exercise in Scotland of its statutory functions so far as relating to Scottish
railway activities.
(2) A direction under this section may provide, in particular, that a function is
only to be exercised—
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(a) after consulting the Scottish Ministers, or
(b) with the Scottish Ministers’ consent.
(3) The Scottish Ministers may vary or revoke a direction under this section.
(4)
5
Before giving, varying or revoking a direction under this section the Scottish
Ministers must consult the Secretary of State.
(5) The Scottish Ministers must publish—
(a) a direction under this section, and
(b) any variation or revocation of the direction under subsection (3).
(6)
10
The duty to comply with a direction under this section is enforceable by the
Scottish Ministers in civil proceedings—
(a) for an injunction,
(b) for specific performance of a statutory duty under section 45 of the
Court of Session Act 1988, or
(c) for any other appropriate remedy or relief.
15(7) The Secretary of State may revoke a direction given under this section if—
(a) the direction is inconsistent or in conflict with a direction given under
section 7,
(b) it appears to the Secretary of State that the direction will affect railway
activities that are not Scottish railway activities, or
20(c) it appears to the Secretary of State that the direction, or any part of
it—
(i) would not be within the legislative competence of the Scottish
Parliament if it were contained in an Act of that Parliament,
and
25(ii) does not relate to matters in relation to which the Scottish
Ministers have functions.
(8) Before revoking a direction under subsection (7) the Secretary of State must
consult the Scottish Ministers.
(9)
30
The Secretary of State must publish any revocation of a direction under
subsection (7).
(10) In this section “Scottish railway activities” has the same meaning as in
Schedule 2 (see paragraph 16).
9 Guidance by Secretary of State
(1)
35
The Secretary of State may give guidance to Great British Railways as to the
exercise of its statutory functions.
(2) The Secretary of State may vary or revoke guidance given under this section.
(3) Subsection (4) of section 7 applies to the power of the Secretary of State to
give guidance under this section as it applies to the power of the Secretary
of State to give directions under that section.
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(4) The Secretary of State must publish—
(a) guidance given under this section, and
(b) any variation or revocation of the guidance.
(5) Great British Railways must have regard to guidance given under this section.
510 Guidance by Scottish Ministers
(1) The Scottish Ministers may give guidance to Great British Railways as to the
exercise of its statutory functions in Scotland so far as relating to Scottish
railway activities.
(2) The Scottish Ministers may vary or revoke guidance given under this section.
10(3) The Scottish Ministers must publish—
(a) guidance given under this section, and
(b) any variation or revocation of the guidance.
(4) Great British Railways must have regard to guidance given under this section.
(5)
15
In this section “Scottish railway activities” has the same meaning as in
Schedule 2 (see paragraph 16).
Licensing
11 Licensing
Schedule 1 contains provision in relation to the licensing of Great British
Railways.
20Financial arrangements etc
12 Funding
Schedule 2 contains provision in relation to funding the activities of Great
British Railways.
13 Charging and terms and conditions
25(1) Great British Railways may make such charges, and set such terms and
conditions, for things done in the exercise of its statutory functions as it thinks
fit.
(2) Subsection (1) does not apply in relation to a statutory function to the extent
30
that provision as to charges or terms and conditions for the exercise of the
function is made—
(a) by or under another provision of this Act, or
(b) by or under any other Act.
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14 Levy payable to ORR
(1) The ORR may by notice require Great British Railways to pay to it a levy.
(2) The notice must provide for—
(a)
5
the period in respect of which the levy is payable (“the charging
period”),
(b) the amount of the levy which is payable in respect of that period, and
(c) how and when payments are to be made.
(3) The amount of a levy in respect of a charging period must be such amount
10
as the ORR reasonably expects to incur in exercising its railway functions in
respect of the charging period.
(4) Provision under subsection (2)(c) may, in particular, include provision for
payment by instalments.
(5) The ORR may revise a notice under this section by a further notice.
(6)
15
The ORR may refund any amount which, further to any revised notice under
subsection (5), appears to have been overpaid to it.
(7) In this section “railway functions” means the functions of the ORR relating
to railways and railway services, other than its safety functions.
CHAPTER 2
EXERCISE OF RAILWAY FUNCTIONS
20Strategies and target
15 Rail strategy
(1) The Secretary of State must prepare and publish a document that sets out the
Secretary of State’s long term strategy for—
(a) the development and use of the railway network in Great Britain, and
25(b) the railway services that the Secretary of State wishes to see provided
in Great Britain.
(2) That document is referred to in this section and section 16 as “the rail
strategy”.
(3)
30
The rail strategy may not contain provision about functions of the Scottish
Ministers.
(4) The Secretary of State—
(a) must keep the rail strategy under review, and
(b) may revise or replace it.
(5)
35
If the Secretary of State revises or replaces the rail strategy the Secretary of
State must publish the revised or replacement strategy.
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(6) When preparing, revising or replacing the rail strategy, the Secretary of State
must consult the Welsh Ministers and the Passengers’ Council.
(7) The requirement in subsection (6) may be satisfied in relation to the
5
preparation of the rail strategy by consultation before this section comes into
force (as well as by consultation after that time).
16 Duty of Great British Railways and ORR to have regard to strategies etc
(1) Subsection (2) applies in relation to—
(a) the exercise by Great British Railways of its statutory functions, and
(b)
10
the exercise by the ORR of its functions relating to railways and
railway services, other than—
(i) its safety functions;
(ii) its functions relating to the licensing or certification of persons
who drive trains used to provide railway services;
(iii)
15
the functions exercisable by it by virtue of section 67(3) of the
Railways Act 1993.
(2) When exercising their functions they must have regard to—
(a) the rail strategy,
(b) the Wales Transport Strategy published under section 2 of the
Transport (Wales) Act 2006, and
20(c) the strategy published by the Scottish Ministers under section 5 of the
Railways Act 2005.
(3) When exercising its statutory functions, Great British Railways must have
regard to—
(a)
25
the local transport plan of each mayoral combined authority and each
mayoral combined county authority, and
(b) the Mayor of London’s transport strategy.
17 Rail freight target
(1) The Secretary of State must set and publish a target to increase the use of the
railway network in Great Britain for the carriage of goods.
30(2) The Secretary of State—
(a) must keep the target under review, and
(b) may revise or replace it.
(3) If the Secretary of State revises or replaces the target the Secretary of State
must publish the revised or replacement target.
35(4) Great British Railways must, when exercising its statutory functions, have
regard to—
(a) the target set by the Secretary of State under this section, and
(b) any strategy or policy of the Scottish Ministers relating to the use of
the railway network in Scotland for the carriage of goods.
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Duties
18 General duties of Ministers, Great British Railways and ORR
(1) This section applies in relation to—
(a)
5
the exercise by the Secretary of State, the Scottish Ministers and the
Welsh Ministers of their functions relating to railways and railway
services,
(b) the exercise by Great British Railways of its statutory functions, and
(c) the exercise by the ORR of its functions relating to railways and
railway services, other than—
10(i) its safety functions;
(ii) its functions relating to the licensing or certification of persons
who drive trains used to provide railway services;
(iii) the functions exercisable by it by virtue of section 67(3) of the
Railways Act 1993.
15(2) They must exercise the functions—
(a) in the manner best calculated to promote the interests of users and
potential users of railway passenger services including, in particular,
the needs of disabled persons,
(b)
20
in the manner best calculated to promote the use of the railway
network in Great Britain for the carriage of goods,
(c) so as to promote high standards of railway service performance,
(d) so as to enable persons providing railway services to plan the future
of their businesses with a reasonable degree of assurance,
(e) in the manner best calculated to be in the public interest, and
25(f) taking into account the costs that will need to be met from public
funds and the need to make efficient use of those funds,
balancing the requirements of paragraphs (a) to (f) as seems to them
appropriate in the circumstances.
(3) In this section—
30“disabled person” means a person who is a disabled person for the
purposes of the Equality Act 2010 (see section 6(2) and (4) of, and
Schedule 28 to, that Act);
“public interest” includes, in particular, the public interest in—
(a)
35
the social and economic benefits derived from railway services,
and
(b) the effect the provision of railway services has on the
environment;
“railway service performance” includes, in particular, performance in
securing each of the following in relation to railway services—
40(a) reliability (including punctuality), and
(b) the avoidance or mitigation of passenger overcrowding.
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(4) In its application in relation to the exercise by Great British Railways of its
statutory functions, this section has effect subject to section 63 (GBR’s capacity
duty).
19 Safety duty of Ministers and ORR
5(1) This section applies in relation to—
(a) the exercise by the Secretary of State, the Scottish Ministers and the
Welsh Ministers of their functions relating to railways and railway
services, and
(b)
10
the exercise by the ORR of its functions relating to railways and
railway services, other than—
(i) its safety functions;
(ii) its functions relating to the licensing or certification of persons
who drive trains used to provide railway services;
(iii)
15
the functions exercisable by it by virtue of section 67(3) of the
Railways Act 1993.
(2) When exercising those functions, they must take into account the need to
protect all persons from dangers arising from the operation of railways.
20 Competition duty of ORR
(1)
20
This section applies in relation to the exercise by the ORR of its functions
relating to railways and railway services, other than—
(a) its safety functions;
(b) its functions relating to the licensing or certification of persons who
drive trains used to provide railway services;
(c) its functions under Schedule 2;
25(d) its functions under Chapter 1 of Part 3;
(e) its functions under sections 55 to 58 of the Railways Act 1993;
(f) the functions exercisable by it by virtue of section 67(3) of that Act;
(g) its functions under section 69A of that Act.
(2)
30
The ORR must exercise the functions in the manner which it considers best
calculated to promote competition in the provision of railway services for the
benefit of users of railway services.
21 Duty of ORR to have regard to Secretary of State’s guidance
(1) The Secretary of State may give the ORR guidance as to the exercise of its
functions relating to railways and railway services.
35(2) But guidance given under this section may not contain provision as to the
exercise by the ORR of—
(a) the functions exercisable by it by virtue of section 67(3) of the Railways
Act 1993,
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(b) its functions as an enforcing authority for the purposes of the Health
and Safety at Work etc Act 1974, or
(c) its functions relating to the licensing or certification of persons who
drive trains used to provide railway services.
5(3) The Secretary of State may vary or revoke guidance given under this section.
(4) Before giving, varying or revoking guidance under this section the Secretary
of State must consult the Welsh Ministers.
(5) The Secretary of State must publish—
(a) guidance given under this section, and
10(b) any variation or revocation of the guidance.
(6) The ORR must have regard to guidance given under this section.
22 Duty of ORR to have regard to Scottish Ministers’ guidance
(1) The Scottish Ministers may give guidance to the ORR as to the exercise of its
functions—
15(a) relating to railway services wholly or partly in Scotland, or
(b) otherwise relating to railways in Scotland.
(2) But guidance given under this section may not contain provision as to the
exercise by the ORR of—
(a)
20
the functions exercisable by it by virtue of section 67(3) of the Railways
Act 1993,
(b) its functions as an enforcing authority for the purposes of the Health
and Safety at Work etc Act 1974, or
(c) its functions relating to the licensing or certification of persons who
drive trains used to provide railway services.
25(3) The Scottish Ministers may vary or revoke guidance given under this section.
(4) The Scottish Ministers must publish—
(a) guidance given under this section, and
(b) any variation or revocation of the guidance.
(5) The ORR must have regard to guidance given under this section.
30Scotland and Wales
23 Memorandum of understanding: Secretary of State and Scottish Ministers
(1) The Secretary of State and the Scottish Ministers must prepare and publish
a memorandum of understanding setting out how they will work together
35
in the exercise of their respective functions in relation to railways and railway
services.
(2) The memorandum may, in particular—
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(a) contain provision about the role that the Scottish Ministers are to have
in relation to the governance and management of Great British
Railways,
(b)
5
set out the objectives of the Secretary of State and the Scottish Ministers
in relation to the integration of the management and operation of the
railway passenger services to be provided under section 31(3) and
railway infrastructure in Scotland, and any steps they intend to take
in order to facilitate such integration,
(c)
10
set out arrangements for sharing information between the Secretary
of State and the Scottish Ministers,
(d) contain provision about the use to be made of the powers to give
directions under sections 7 and 8,
(e) set out how the memorandum is to be published, and
(f) set out arrangements for reviewing and amending the memorandum.
1524 Memorandum of understanding: Secretary of State and Welsh Ministers
(1) The Secretary of State and the Welsh Ministers must prepare and publish a
memorandum of understanding setting out how they will work together in
the exercise of their respective functions in relation to railways and railway
services.
20(2) The memorandum may, in particular—
(a) contain provision about the role that the Welsh Ministers are to have
in relation to the governance and management of Great British
Railways,
(b)
25
identify those services that involve the carriage of passengers by
railway in England that the Secretary of State and the Welsh Ministers
would like to be provided together with services designated by the
Welsh Ministers under section 27,
(c) set out the objectives of the Secretary of State and the Welsh Ministers
30
in relation to the integration of the management and operation of
Welsh services and the railway infrastructure required for their
operation, and any steps they intend to take in order to facilitate such
integration,
(d) set out arrangements for sharing information between the Secretary
of State and the Welsh Ministers,
35(e) contain provision about the use to be made of the power to give
directions under section 7,
(f) set out how the memorandum is to be published, and
(g) set out arrangements for reviewing and amending the memorandum.
13 Railways Bill
Part 1—The new regime for the railways
Chapter 2—Exercise of railway functions

PART 2
PASSENGER AND STATION SERVICES
CHAPTER 1
PASSENGER SERVICES
5Designation and exemption of services
25 Designation of services by Secretary of State
(1) The Secretary of State must designate railway passenger services, or a
description of railway passenger services, the provision of which may be
secured by the Secretary of State under section 31.
10(2) The Secretary of State may not designate railway passenger services which
are, or designate a description of railway passenger services which includes—
(a) Scotland-only services, or
(b) Wales-only services.
(3) The Secretary of State is not required to designate—
15(a) cross-border services already designated by the Scottish Ministers
under section 26, or
(b) Welsh services so far as already designated by the Welsh Ministers
under section 27.
(4) The Secretary of State may vary or revoke a designation.
20(5) The Secretary of State must consult the Scottish Ministers before—
(a) designating a cross-border service, or a description of services which
includes a cross-border service, or
(b) varying or revoking a designation of a cross-border service, or a
description of services which includes a cross-border service.
25(6) The Secretary of State must publish a designation under this section, and any
variation or revocation of a designation under this section, in such manner
as the Secretary of State considers appropriate.
26 Designation of services by Scottish Ministers
(1)
30
The Scottish Ministers must designate railway passenger services, or a
description of railway passenger services—
(a) which may be provided by the Scottish Ministers under section 31, or
(b) the provision of which may be secured by the Scottish Ministers under
that section.
(2)
35
The Scottish Ministers may only designate railway passenger services, or a
description of railway passenger services, if the services are—
(a) Scotland-only services,
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(b) cross-border services which the Scottish Ministers consider should be
provided together with designated Scotland-only services, or
(c) cross-border services which were provided by, or the provision of
5
which was secured by, the Scottish Ministers under section 30 of the
Railways Act 1993 immediately before this section came into force.
(3) The Scottish Ministers may vary or revoke a designation.
(4) The Scottish Ministers must consult the Secretary of State before—
(a) designating a cross-border service, or a description of services which
includes a cross-border service, or
10(b) varying or revoking a designation of a cross-border service, or a
description of services which includes a cross-border service.
(5) The Scottish Ministers must publish a designation under this section, and any
variation or revocation of a designation under this section, in such manner
as they consider appropriate.
1527 Designation of services by Welsh Ministers
(1) The Welsh Ministers must designate railway passenger services, or a
description of railway passenger services—
(a) which may be provided by the Welsh Ministers under section 31, or
(b)
20
the provision of which may be secured by the Welsh Ministers under
that section.
(2) The Welsh Ministers may only designate railway passenger services, or a
description of railway passenger services, if the services are—
(a) Wales-only services, or
(b)
25
Welsh components of Welsh services which the Welsh Ministers
consider should be provided together with designated Wales-only
services.
(3) The Welsh Ministers may vary or revoke a designation under this section.
(4) The Welsh Ministers must publish a designation under this section, and any
30
variation or revocation of a designation under this section, in such manner
as they consider appropriate.
28 Exemption from designation: power of Secretary of State
(1) The Secretary of State may by regulations provide that railway passenger
services specified in the regulations are exempt from designation under this
Chapter.
35(2) The Secretary of State may not specify Scotland-only services or Wales-only
services in the regulations.
(3) The Secretary of State must consult—
(a) the Scottish Ministers before making regulations under this section
specifying cross-border services, and
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(b) the Welsh Ministers before making regulations under this section
specifying Welsh services.
29 Exemption from designation: powers of Scottish and Welsh Ministers
(1)
5
The Scottish Ministers may by regulations provide that Scotland-only services
specified in the regulations are exempt from designation under this Chapter.
(2) Regulations under subsection (1) are subject to the negative procedure (see
section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010
(asp 10)).
(3)
10
The Welsh Ministers may by regulations made by Welsh statutory instrument
provide that Wales-only services specified in the regulations are exempt from
designation under this Chapter.
(4) Regulations under subsection (3) are subject to the Senedd annulment
procedure.
30 Exemption from designation: supplementary
15(1) Regulations under section 28 or 29 may specify—
(a) passenger railway services provided by a description of persons or a
particular person;
(b) passenger railway services generally, a description of services or a
particular service, or a part of any such services or service.
20(2) Regulations under section 28 or 29 may provide that the passenger railway
services specified in the regulations are exempt from designation under this
Chapter—
(a) subject to compliance with conditions specified in the regulations;
(b)
25
for a period specified in or determined in accordance with the
regulations.
Provision of services
31 Provision of railway passenger services
(1) The Secretary of State may secure the provision of a railway passenger service
designated under section 25.
30(2) The Secretary of State may do so only by making a direct award of a public
service contract in accordance with regulation 17 of the 2023 Regulations
(general direct award provision for rail)—
(a) to one or more of Great British Railways or a GBR company, or
(b)
35
where the function of securing the provision of the service is being
exercised by the Welsh Ministers under arrangements made under
section 83 of the Government of Wales Act 2006 (agency arrangements),
to one or more public sector companies.
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(3) The Scottish Ministers may—
(a) provide a railway passenger service designated under section 26
themselves, or
(b)
5
secure the provision of the service by making a direct award of a
public service contract to one or more public sector companies in
accordance with regulation 17 of the 2023 Regulations.
(4) The Welsh Ministers may—
(a) provide a railway passenger service designated under section 27
themselves, or
10(b) secure the provision of the service by making a direct award of a
public service contract to one or more public sector companies in
accordance with regulation 17 of the 2023 Regulations.
(5) Where a public service contract is awarded under this section to a GBR
15
company, sections 7 to 10, 13 and 16 to 18 have effect in relation to the exercise
by the company of its functions of providing railway passenger services under
the contract as they have effect in relation to the exercise by Great British
Railways of its statutory functions.
(6) For the purposes of this section—
(a) the Scottish Ministers and the Welsh Ministers have power—
20(i) to provide network services, station services and light
maintenance services, and
(ii) to store goods or consign them from a place to which they
have been carried by rail,
(b)
25
the Scottish Ministers have power to provide Scotland-only services
and cross-border services, and
(c) the Welsh Ministers have power to provide Wales-only services and
Welsh components of Welsh services.
32 Contracts awarded under section 31: supplementary
(1)
30
A public service contract awarded under section 31 may include provision
requiring the person or persons to whom the contract is awarded to operate,
or secure the operation of, any additional railway asset.
(2) Subject to any requirements imposed by or under this Act, the Railways Act
1993 or the 2023 Regulations, the contract may contain any such provisions
as the contracting authority thinks fit.
35(3) Regulation 22 of the 2023 Regulations (pre-award publication) does not apply
in relation to an award of a public service contract under section 31.
(4) In this section—
“additional railway asset” means any network, station or light
40
maintenance depot, and a reference to an additional railway asset
includes a reference to any part of an additional railway asset;
“contracting authority”—
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(a) in the case of a public service contract awarded by the Secretary
of State, means the Secretary of State;
(b) in the case of a public service contract awarded by the Scottish
Ministers, means the Scottish Ministers;
5(c) in the case of a public service contract awarded by the Welsh
Ministers, means the Welsh Ministers.
Fares
33 Fares
(1)
10
A power to give a direction under section 7 or 8 may be exercised to give a
direction to Great British Railways as to the general level and structure of
fares for travel on railway passenger services designated under section 25 or
26 by the giver of the direction.
(2) A power to give guidance under section 9 or 10 may be exercised to give
15
guidance as to the general level and structure of fares for travel on railway
passenger services designated under section 25 or 26 by the giver of the
guidance.
(3) A public service contract awarded under section 31 may include provision
as to the general level and structure of fares for travel on the railway passenger
services to which the contract relates.
2034 Discount fare schemes
(1) Great British Railways must provide a scheme enabling persons who are
young, elderly or disabled to travel at discounted fares on railway passenger
services provided by participants in the scheme.
(2)
25
Great British Railways may provide other schemes enabling travel at
discounted fares on railway passenger services provided by participants in
the schemes.
(3) A scheme under this section may make the availability of discounted fares
subject to compliance with any conditions imposed by or under the scheme.
(4)
30
The Scottish Ministers must make arrangements, in relation to railway
passenger services provided under section 31(3)(a), enabling persons who are
young, elderly or disabled to travel at discounted fares on the services.
(5) The Welsh Ministers must make arrangements, in relation to railway passenger
services provided under section 31(4)(a), enabling persons who are young,
elderly or disabled to travel at discounted fares on the services.
35(6) A public service contract awarded under section 31—
(a) must require the person to whom the contract is awarded to make
arrangements enabling persons who are young, elderly or disabled to
travel at discounted fares on the railway passenger services to which
the contract relates;
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(b) may specify the arrangements to be made, including by specifying
that the person to whom the contract is awarded must participate in
a scheme provided by Great British Railways under subsection (1);
(c)
5
may include other provision about enabling persons who are young,
elderly or disabled to travel at discounted fares on the services.
(7) Subsection (6) does not preclude a public service contract awarded under
section 31 from including other provision enabling travel at discounted fares
on the railway passenger services to which the contract relates.
(8)
10
In this section “discounted fare”, in relation to a railway passenger service,
means a lower fare than the standard fare payable for travel on the service.
Interpretation
35 Interpretation of Chapter 1 of Part 2
In this Chapter—
15
“the 2023 Regulations” means the Public Service Obligations in Transport
Regulations 2023 (S.I. 2023/1369);
“direct award” has the same meaning as in the 2023 Regulations (see
regulation 2(1));
“public sector company” means—
(a) Great British Railways,
20(b) a GBR company,
(c) a company that is wholly owned by the Welsh Ministers or
the Scottish Ministers,
(d) a company that is jointly owned by the Secretary of State and
the Welsh Ministers, or
25(e) a company that is jointly owned by the Secretary of State and
the Scottish Ministers;
“public service contract” has the same meaning as in the 2023 Regulations
(see regulation 2(1)).
CHAPTER 2
30THE PASSENGERS’ COUNCIL
General
36 General duties of the Council
When exercising its functions relating to railways and railway services, the
Passengers’ Council—
35(a) must have particular regard to the interests and needs of disabled
persons, and
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Chapter 2—The Passengers’ Council

(b) must take into account any costs that will need to be met from public
funds, and the need to make efficient use of those funds.
37 Keeping matters under review and collecting information
(1) The Passengers’ Council must, so far as it appears expedient—
5(a) keep under review matters affecting the interests of the public in
relation to railway passenger services and station services,
(b) make representations to, and consult, such persons as they think
appropriate about those matters, and
(c)
10
co-operate with other bodies representing the interests of users of
public passenger transport services.
(2) The Passengers’ Council may, with a view to facilitating the exercise of its
functions relating to railways and railway services, collect information with
respect to matters affecting the interests of the public in relation to railway
passenger services and station services.
1538 Exercise of functions under section 37
(1) The 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)
20
determining what is expedient for the purposes of subsection (1) of
section 37 in relation to an area specified in the agreement, and
(b) otherwise performing the Council’s functions under that subsection
in relation to that area.
(2) While an agreement under this section is in force—
(a)
25
the functions of the Passengers’ Council under section 37 are treated,
in relation to the area specified in the agreement, as falling on the
other party to it instead of on the Council, but
(b) the Council is not to be prevented from doing anything mentioned in
that section in relation to that area.
(3) An agreement under this section—
30(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
the circumstances in which things done under or for the purposes of
35
section 37 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 Passengers’ Council
and another public body may enter into, vary or terminate an agreement
under this section.
(5)
40
In this section “public body” means any authority or other body on which
functions are conferred by or under—
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(a) an Act,
(b) an Act of the Scottish Parliament, or
(c) an Act or Measure of Senedd Cymru.
Investigations
539 Investigations
(1) The Passengers’ Council must investigate any matter relating to the provision
of railway passenger services or station services, if—
(a) the matter is the subject of a representation made to the Council by
a user or potential user of railway passenger services,
10(b) the matter is the subject of a representation made to the Council by
an organisation representative of users or potential users of railway
passenger services,
(c) the matter is referred to the Council for investigation by the Secretary
of State, the Scottish Ministers, the Welsh Ministers or the ORR,
15(d) the matter relates to an alleged infringement of Regulation (EC) No.
1371/2007 of the European Parliament and of the Council of 23rd
October 2007 on rail passengers’ rights and obligations, or
(e) it appears to the Council that the matter is one that the Council ought
to investigate.
20(2) The Passengers’ Council is not required to investigate a matter in a case
falling within subsection (1)(a) or (b) if the matter appears to the Council to
be frivolous or vexatious.
(3) If any matter falling within subsection (1)(a) or (b) appears to the Passengers’
Council to relate only to—
25(a) the provision of railway passenger services wholly within the London
railway area (within the meaning of section 252A of the Greater
London Authority Act 1999), or
(b) the provision of station services within that area,
30
the Council must refer the matter to the London Transport Users’ Committee
instead of investigating the matter itself.
40 Power to obtain information
(1) If the Passengers’ Council is carrying out an investigation under section 39,
it may request a person who provides or operates railway passenger services
35
or station services to provide any information which the Council considers
necessary for the purpose of carrying out the investigation.
(2) The person must provide the information within a reasonable period specified
by the Passengers’ Council unless—
(a) the person does not have the information and cannot reasonably obtain
it, or
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(b) the provision of the information would impose an unreasonable burden
on the person.
(3) Before specifying a period for the purposes of subsection (2), the Passengers’
5
Council must consult the person who is to be required to provide the
information about the period that should be specified.
(4) A person who relies on paragraph (a) or (b) of subsection (2) must notify the
Passengers’ Council in writing of that fact, stating the reason why the
paragraph in question applies.
(5)
10
If the Passengers’ Council has requested information under this section and
considers that it has not received a satisfactory response to that request—
(a) the Council may refer the matter to the ORR, and
(b) the ORR may take such action (if any) as it thinks appropriate.
41 Protection of confidential information
(1)
15
This section applies to any information provided to the Passengers’ Council
pursuant to section 40(2) if—
(a) the person who provided the information has requested that the
information be held in confidence, and
(b) a person would not be entitled to the information in response to a
20
request made in accordance with the Freedom of Information Act 2000
by virtue of the exemptions in section 41 or 43 of that Act.
(2) Information to which this section applies must not—
(a) be included in any investigation report published under section 43,
(b) be published under section 50, or
(c) be disclosed by the Passengers’ Council to any other person.
25(3) Nothing in this section affects—
(a) any power of the Passengers’ Council to disclose confidential
information to the Secretary of State or the ORR in the course of
representations or a referral made under section 42, or
(b)
30
any obligation of the Council to disclose information in order to comply
with an order of a court or tribunal.
42 Representations and referrals
(1) Having investigated a matter under section 39—
(a) the Passengers’ Council may make representations to such persons as
35
it thinks appropriate for the purpose of achieving a satisfactory
resolution of the matter, and
(b) where the Council has reason to believe—
(i) that the holder of a licence is contravening, or likely to
contravene, any condition of the licence, or
(ii)
40
that the holder of a railway undertaking licence which
1
authorises the carriage of passengers by railway is contravening,
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or likely to contravene, any condition of the licence or of a
SNRP issued to the holder of the licence pursuant to the
Railway (Licensing of Railway Undertakings) Regulations 2005
(S.I. 2005/3050),
5it must refer the contravention or likely contravention to the ORR and
inform the Secretary of State that it has done so.
(2) But subsection (1)(b) does not require the Passengers’ Council to refer a
contravention or likely contravention to the ORR if the Council exercises its
10
power under section 47 to require the preparation of a plan in relation to the
contravention or likely contravention.
(3) Where a contravention or likely contravention is referred to the ORR under
this section, the ORR must—
(a) take such action (if any) as it thinks appropriate for the purpose of
remedying or preventing the contravention, and
15(b) inform the Passengers’ Council and the Secretary of State of—
(i) any action it has taken, or
(ii) if it has decided not to take action, of that decision and the
reasons for it.
43 Reports
20(1) Where the Passengers’ Council has investigated a matter under section 39 it
may prepare a report of its findings.
(2) The Passengers’ Council may send a copy of the report to one or more of the
following—
(a) the Secretary of State;
25(b) the Welsh Ministers;
(c) the Scottish Ministers;
(d) Great British Railways;
(e) the ORR;
(f)
30
if the matter investigated relates to the London railway area (within
the meaning of section 252A of the Greater London Authority Act
1999), the London Transport Users’ Committee;
(g) any other person the Council thinks fit.
(3) The Passengers’ Council may publish the report.
(4)
35
Where the report was prepared following an investigation carried out as a
result of a referral under section 39(1)(c) by the Secretary of State, the Scottish
Ministers or the Welsh Ministers (“the referring authority”), the Passengers’
Council must obtain the referring authority’s consent before—
(a) exercising its power under subsection (2) to send a copy of the report
to a person other than the referring authority;
40(b) exercising its power under subsection (3) to publish the report.
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(5) Where the report was prepared following an investigation carried out as a
result of a referral under section 39(1)(c) by the ORR, the Passengers’ Council
must inform the ORR before exercising its power under subsection (3) to
publish the report.
5Complaints and dispute resolution
44 Complaints
The Passengers’ Council is designated as a body to which complaints may
be made about an alleged infringement of Regulation (EC) No. 1371/2007 of
10
the European Parliament and of the Council of 23rd October 2007 on rail
passengers’ rights and obligations in relation to—
(a) the provision of railway passenger services, or
(b) the provision of station services.
45 Dispute resolution
15
The Passengers’ Council must establish and maintain a scheme under which
an impartial person is available to resolve disputes between—
(a) users or potential users of railway passenger services or station
services, and
(b) providers of those services.
Standards and improvement plans
2046 Standards
(1) The Passengers’ Council may set standards to be complied with—
(a) by persons providing railway passenger services and station services
under a licence, and
(b)
25
by persons providing railway passenger services under a railway
undertaking licence which authorises the carriage of passengers by
railway.
(2) The matters that may be covered by the standards include—
(a) access to railway passenger services and station services for disabled
persons and other persons who require assistance,
30(b) the information to be provided to users and potential users of railway
passenger services to enable them to plan travel, and to rearrange it
appropriately in the event of disruption to the services,
(c) the process for paying compensation to users of railway passenger
services in the event of disruption to the services, and
35(d) how complaints about railway passenger services are to be dealt with.
(3) The Passengers’ Council must monitor compliance with standards set under
this section.
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(4) The Passengers’ Council may vary or revoke standards set under this section.
(5) The consent of the Secretary of State and the ORR is required before the
Passengers’ Council sets, varies or revokes standards under this section.
(6) The Passengers’ Council must publish—
5(a) standards set under this section, and
(b) any variation or revocation of such standards.
47 Improvement plans
(1) If, in the course of carrying out an investigation under section 39, or
10
monitoring compliance with standards set under section 46, the Passengers’
Council has reason to believe that—
(a) a person providing railway passenger services or station services under
a licence is contravening, or likely to contravene any condition of the
licence, or
(b)
15
a person providing railway passenger services under a railway
undertaking licence which authorises the carriage of passengers by
railway is contravening, or likely to contravene, any condition of the
licence or of a SNRP issued to the holder of the licence pursuant to
the Railway (Licensing of Railway Undertakings) Regulations 2005
(S.I. 2005/3050),
20the Council may require the person to prepare a plan setting out steps the
person will take to remedy the contravention, or to avoid it taking place or
being repeated.
(2) If the person fails to take the steps set out in the plan, or fails to prepare a
25
plan within a reasonable time, the Passengers’ Council must refer the matter
to the ORR and inform the Secretary of State that it has done so.
(3) Where a matter is referred to the ORR under this section, the ORR must—
(a) take such action (if any) as it thinks appropriate for the purpose of
remedying the contravention, or avoiding it taking place or being
repeated, and
30(b) inform the Passengers’ Council and the Secretary of State of—
(i) any action it has taken, or
(ii) if it has decided not to take action, of that decision and the
reasons for it.
Other functions
3548 Advice about railway passenger services and station services
(1) The Passengers’ Council must consider any matter affecting the interests of
the public in relation to railway passenger services or station services—
(a) that is referred to it by—
(i) the Secretary of State,
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(ii) the Scottish Ministers,
(iii) the Welsh Ministers,
(iv) a mayoral strategic authority,
(v) the ORR,
5(vi) Great British Railways,
(vii) a passenger service operator, or
(viii) the operator of a station, or
(b) that the Council considers it appropriate to consider without such a
reference.
10(2) On considering a matter under this section the Passengers’ Council must give
such advice to such persons as it considers appropriate.
49 Consultation about railway passenger services and station services
(1) Great British Railways must consult the Passengers’ Council when—
(a)
15
Great British Railways is developing or changing its policies or
procedures relating to the matters mentioned in subsection (2), and
(b) it appears to Great British Railways that the development or change
will significantly affect the interests of the public in relation to railway
passenger services or station services.
(2) Those matters are—
20(a) the rights of users and potential users of railway passenger services
and station services including, in particular, disabled persons,
(b) how disruption to railway passenger services is to be dealt with,
(c) the compensation to be paid to users of railway passenger services in
the event of such disruption,
25(d) the information to be provided to users and potential users of railway
passenger services,
(e) the determination of fares payable for travel on railway passenger
services,
(f) the sale of tickets for travel on railway passenger services, and
30(g) any other matter affecting users and potential users of railway
passenger services and station services.
50 Publication of information and advice
(1) The Passengers’ Council may arrange for the publication, in such form and
35
manner as it considers appropriate, of such information and advice as may
appear to it expedient to give to users or potential users of railway passenger
services and station services.
(2) In arranging for the publication of any such information or advice the
Passengers’ Council must have regard to the need for excluding, so far as is
practicable—
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(a) any matter which relates to the affairs of an individual, where
publication of that matter would or might, in the opinion of the
Council, seriously and prejudicially affect the interests of that
individual, and
5(b) any matter which relates specifically to the affairs of a particular body
of persons, whether corporate or unincorporate, where publication of
that matter would or might, in the opinion of the Council, seriously
and prejudicially affect the interests of that body.
Miscellaneous
1051 Power to make exclusions
(1) The Secretary of State may by regulations—
(a) exclude services from one or more of the duties imposed by sections
37 to 43, 45 and 48;
(b)
15
provide that one or more of those duties applies to services of a
particular class or description, particular services or services provided
by a particular person only to such extent as is specified in the
regulations, or
(c) provide that one or more of those duties applies with specified
20
modifications in the case of services of a particular class or description,
particular services or services provided by a particular person.
(2) Before making regulations under this section, the Secretary of State must
consult the Passengers’ Council and the London Transport Users’ Committee.
(3) The power to make exclusions by regulations under this section includes—
(a)
25
power to exclude services of a particular class or description, particular
services or services provided by a particular person, and
(b) power to provide that services are excluded subject to compliance
with specified conditions.
(4) Regulations under this section may not revoke an exclusion except—
(a) for breach of a condition, or
30(b) in accordance with the regulations that made it.
52 Interpretation of Chapter 2 of Part 2
(1) In this Chapter —
“disabled person” means a person who is a disabled person for the
35
purposes of the Equality Act 2010 (see section 6(2) and (4) of, and
Schedule 28 to, that Act);
“railway undertaking licence” and “SNRP” have the same meaning as
in the Railway (Licensing of Railway Undertakings) Regulations 2005
(S.I. 2005/3050) (see regulation 2(1)).
27 Railways Bill
Part 2—Passenger and station services
Chapter 2—The Passengers’ Council

(2) In this Chapter, any reference to railway passenger services includes a
reference to bus substitution services required to be provided in place of any
such services.
CHAPTER 3
5THE LONDON TRANSPORT USERS’ COMMITTEE
53 General duties of the LTUC
After section 252 of the Greater London Authority Act 1999 insert—
“252ZA General railways duties of Committee
(1)
10
When exercising its functions relating to railways and railway services,
the Committee—
(a) must have particular regard to the interests and needs of
disabled persons, and
(b) must take into account any costs that will need to be met from
public funds, and the need to make efficient use of those funds.
15(2) In this section “disabled person” means a person who is a disabled
person for the purposes of the Equality Act 2010 (see section 6(2) and
(4) of, and Schedule 28 to, that Act).”
54 Collection of information by the LTUC
(1)
20
Section 252A of the Greater London Authority Act 1999 (committee to keep
railways matters under review) is amended as follows.
(2) After subsection (1) insert—
“(1A) The Committee may, with a view to facilitating its functions under
this section and sections 252B to 252DB, collect information with respect
to matters affecting the interests of the public in relation to—
25(a) railway passenger services provided wholly or partly within
the London railway area, and
(b) station services provided within that area.”
(3) In the heading, after “review” insert “and collect information”.
55 Investigations by the LTUC
30(1) The Greater London Authority Act 1999 is amended as follows.
(2) In section 252B (references to Committee in relation to railways), in subsection
(1)—
(a) after paragraph (a) insert—
“(aa)
35
it is the subject of a representation made to the
Committee by an organisation representative of users
or potential users of railway passenger services;”,
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Part 2—Passenger and station services
Chapter 3—The London Transport Users’ Committee

(b) omit the “or” at the end of paragraph (b), and
(c) after that paragraph insert—
“(ba) it relates to an alleged infringement of Regulation (EC)
5
No. 1371/2007 of the European Parliament and of the
Council of 23rd October 2007 on rail passengers’ rights
and obligations, or”.
(3) In subsection (2) of that section, omit the words from “in a case” to the end
of the subsection.
(4)
10
In subsection (5) of that section, for “subsection (1)(a)” substitute “subsection
(1)(a) or (aa)”.
(5) After that section insert—
“252BA Power to obtain information
(1) If the Committee is carrying out an investigation under section 252B,
15
it may request a person who provides or operates railway passenger
services or station services to provide any information which the
Committee considers necessary for the purpose of carrying out the
investigation.
(2) The person must provide the information within a reasonable period
specified by the Committee unless—
20(a) the person does not have the information and cannot reasonably
obtain it, or
(b) the provision of the information would impose an unreasonable
burden on the person.
(3)
25
Before specifying a period for the purposes of subsection (2), the
Committee must consult the person who is to be required to provide
the information about the period that should be specified.
(4) A person who relies on paragraph (a) or (b) of subsection (2) must
notify the Committee in writing of that fact, stating the reason why
the paragraph in question applies.
30(5) If the Committee has requested information under this section and
considers that it has not received a satisfactory response to that
request—
(a) the Committee may refer the matter to the Office of Rail and
Road, and
35(b) the Office of Rail and Road may take such action (if any) as it
thinks appropriate.
(6) Subsection (2) of section 252A applies for the purposes of this section
as it applies for the purposes of that section.
29 Railways Bill
Part 2—Passenger and station services
Chapter 3—The London Transport Users’ Committee

252BB Protection of confidential information
(1) This section applies to any information provided to the Committee
pursuant to section 252BA(2) if—
(a)
5
the person who provided the information has requested that
the information be held in confidence, and
(b) a person would not be entitled to the information in response
to a request made in accordance with the Freedom of
Information Act 2000 by virtue of the exemptions in section 41
or 43 of that Act.
10(2) Information to which this section applies must not—
(a) be included in any investigation report published under section
252D,
(b) be published under section 252DB, or
(c) be disclosed by the Committee to any other person.
15(3) Nothing in this section affects—
(a) any power of the Committee to disclose confidential information
to the Secretary of State or the Office of Rail and Road in the
course of representations or a referral made under section 252C,
or
20(b) any obligation of the Committee to disclose information in
order to comply with an order of a court or tribunal.”
(6) For section 252C substitute—
“252C Action on investigation under section 252B
(1) Having investigated a matter under section 252B—
25(a) the Committee may make representations to such persons as
it thinks appropriate for the purpose of achieving a satisfactory
resolution of the matter, and
(b) where the Committee has reason to believe—
(i)
30
that the holder of a licence under Part 1 of the Railways
Act 1993 is contravening, or likely to contravene, any
condition of the licence, or
(ii) that the holder of a railway undertaking licence which
authorises the carriage of passengers by railway is
35
contravening, or likely to contravene, any condition of
the licence or of a SNRP issued to the holder of the
licence pursuant to the Railway (Licensing of Railway
Undertakings) Regulations 2005 (S.I. 2005/3050),
it must refer the contravention or likely contravention to the
40
Office of Rail and Road and inform the Secretary of State that
it has done so.
(2) Where a contravention or likely contravention is referred to the Office
of Rail and Road under this section, the Office of Rail and Road must—
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Part 2—Passenger and station services
Chapter 3—The London Transport Users’ Committee

(a) take such action (if any) as it thinks appropriate for the purpose
of remedying or preventing the contravention, and
(b) inform the Committee and the Secretary of State of—
(i) any action it has taken, or
5(ii) if it has decided not to take action, of that decision and
of the reasons for it.
(3) In this section “railway undertaking licence” and “SNRP” have the
same meaning as in the Railway (Licensing of Railway Undertakings)
Regulations 2005 (S.I. 2005/3050) (see regulation 2(1)).”
10(7) For section 252D substitute—
“252D Reports on investigation
(1) Where the Committee has investigated a matter under section 252B it
may prepare a report of its findings.
(2) The Committee may send the report to one or more of the following—
15(a) the Secretary of State;
(b) Great British Railways;
(c) the Office of Rail and Road;
(d) the Passengers’ Council;
(e) any other person the Committee thinks fit.
20(3) The Committee may publish the report.
(4) Where the report was prepared following an investigation carried out
as a result of a referral under section 252B(1)(b) by the Secretary of
State, the Committee must obtain the Secretary of State’s consent
before—
25(a) exercising its power under subsection (2) to send a copy of the
report to a person other than the Secretary of State;
(b) exercising its power under subsection (3) to publish the report.
(5) Where the report was prepared following an investigation carried out
30
as a result of a referral under section 252B(1)(b) by the Office of Rail
and Road, the Committee must inform the ORR before exercising its
power under subsection (3) to publish the report.”
56 Complaints to the LTUC
After section 252D of the Greater London Authority Act 1999 (substituted by
section 55(7) of this Act) insert—
35“252DA Complaints
(1) The Committee is designated as a body to which complaints may be
made about an alleged infringement of Regulation (EC) No. 1371/2007
of the European Parliament and of the Council of 23rd October 2007
on rail passengers’ rights and obligations in relation to—
31 Railways Bill
Part 2—Passenger and station services
Chapter 3—The London Transport Users’ Committee

(a) railway passenger services provided wholly or partly within
the London railway area, or
(b) station services provided within that area.
(2)
5
Subsection (2) of section 252A applies for the purposes of this section
as it applies for the purposes of that section.”
57 Publication of information and advice by the LTUC
After section 252DA of the Greater London Authority Act 1999 (inserted by
section 56 of this Act) insert—
“252DB Publication of information and advice
10(1) The Committee may arrange for the publication, in such form and
manner as it considers appropriate, of such information and advice
as may appear to it expedient to give to users or potential users of—
(a) railway passenger services provided wholly or partly within
the London railway area, and
15(b) station services provided within that area.
(2) In arranging for the publication of any such information or advice the
Committee must have regard to the need for excluding, so far as that
is practicable—
(a)
20
any matter which relates to the affairs of an individual, where
publication of that matter would or might, in the opinion of
the Committee, seriously and prejudicially affect the interests
of that individual, and
(b) any matter which relates specifically to the affairs of a particular
25
body of persons, whether corporate or unincorporate, where
publication of that matter would or might, in the opinion of
the Committee, seriously and prejudicially affect the interests
of that body.”
58 Restrictions on disclosure of information by the LTUC
30
After section 252DB of the Greater London Authority Act 1999 (inserted by
section 57 of this Act) insert—
“252DC Restrictions on disclosure of information
Section 145 of the Railways Act 1993 (general restrictions on disclosure
of information) applies in relation to information obtained by the
35
Committee under or by virtue of section 252A or 252BA of this Act
as it applies in relation to information obtained by the Passengers’
Council under or by virtue of the Railways Act 2026.”
Railways Bill 32
Part 2—Passenger and station services
Chapter 3—The London Transport Users’ Committee

PART 3
MISCELLANEOUS PROVISIONS
CHAPTER 1
ACCESS TO INFRASTRUCTURE AND SERVICES
5Access to and use of GBR infrastructure
59 Access and use policy
(1) Great British Railways must issue one or more documents setting out its
policy about, and procedures for, access to and the use of GBR infrastructure
for the operation of trains.
10(2) The document or documents must—
(a) set out the procedure for applications to Great British Railways for
access to and the use of GBR infrastructure for the operation of trains
other than GBR passenger services,
(b) set out the criteria that Great British Railways intends to apply—
15(i) when making decisions on such applications, and
(ii) when dealing with competing demands for access to and the
use of GBR infrastructure,
(c) set out a procedure for resolving disputes relating to the working
timetable (see section 61(2)),
20(d) include provision about the carrying out of work to maintain and
improve GBR infrastructure and the effect of such work on the
operation of trains,
(e) include provision about the procedure for allowing access to and the
25
use of GBR infrastructure by trains that cross the border between the
United Kingdom and France, and
(f) include provision about how disruption affecting GBR infrastructure
or the operation of trains that use GBR infrastructure is to be dealt
with.
(3)
30
The document or documents may also set out the terms on which access to,
and the use of, GBR infrastructure for the operation of trains is to be permitted.
(4) Great British Railways may revise or replace a document issued under this
section.
(5) Great British Railways must publish—
(a) any document issued under this section, and
35(b) any revision or replacement of such a document.
(6) A person aggrieved by provision contained in a document issued under this
section, or in a revision or replacement of it, may appeal to the ORR.
33 Railways Bill
Part 3—Miscellaneous provisions
Chapter 1—Access to infrastructure and services

60 Infrastructure capacity plan
(1) Great British Railways must issue one or more documents setting out how,
in its view, the best use can be made of GBR infrastructure for the operation
of trains.
5(2) A document issued under this section must specify the period for which it
is to have effect.
(3) Great British Railways may at any time revise or replace a document issued
under this section.
(4)
10
When preparing, revising or replacing the document or documents Great
British Railways must have regard to the need to accommodate—
(a) GBR passenger services,
(b) other railway passenger services,
(c) services for the carriage of goods by railway, and
(d) the maintenance and improvement of GBR infrastructure.
15(5) Great British Railways must publish—
(a) any document issued under this section, and
(b) any revision or replacement of such a document.
(6) A person aggrieved by provision contained in a document issued under this
section, or in a revision or replacement of it, may appeal to the ORR.
2061 The working timetable
(1) Great British Railways must, at such intervals as it considers appropriate,
issue—
(a) a timetable defining all planned train movements which will take place
on GBR infrastructure during the period for which it is in force, or
25(b) two or more timetables which, taken together, define all such
movements.
(2) A timetable issued under subsection (1) is referred to as a “working timetable”.
(3) Great British Railways may revise a working timetable so as to—
(a) add a train movement to the timetable,
30(b) change or remove a planned train movement,
(c) allow for the carrying out of work to maintain or improve GBR
infrastructure,
(d) deal with disruption affecting GBR infrastructure or the operation of
trains, or
35(e) change the period for which the timetable is in force.
(4) A planned train movement that is not a GBR passenger service may be
changed or removed under subsection (3)(b) only if the operator of the train
agrees.
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Part 3—Miscellaneous provisions
Chapter 1—Access to infrastructure and services

(5) Agreement under subsection (4) may be general or specific, and the ways in
which it may be given include it being given—
(a) in accordance with the terms set out as mentioned in section 59(3);
(b)
5
by means of, or in accordance with, provision contained in an
agreement or other document to which Great British Railways and
the operator are parties.
(6) A person who applies to Great British Railways for a train movement to be
added to the working timetable under subsection (3)(a) may appeal to the
ORR against—
10(a) a decision not to add the movement to the timetable, or
(b) any conditions subject to which the movement is added to the
timetable.
62 Preparation of working timetable
(1)
15
Great British Railways must take the following steps before issuing a working
timetable under section 61(1).
(2) Great British Railways must invite applications for the inclusion of train
movements other than GBR passenger services in the working timetable.
(3) The invitation is to be issued by publishing a notice, which must specify—
(a) the period within which applications may be made, and
20(b) the information that must accompany applications.
(4) Great British Railways must prepare a draft of the working timetable, and
when doing so must consider applications for the inclusion of train movements
made before the end of the period specified under subsection (3)(a).
(5)
25
Great British Railways must send the draft it has prepared to any person who
made such an application, stating the period within which representations
may be made with respect to the timetable.
(6) Great British Railways must consider any representations made by such a
person before the end of that period, and must make any revisions it considers
appropriate.
30(7) A person who makes an application under subsection (2) may appeal to the
ORR against a decision made on the application by Great British Railways.
63 Capacity duty
(1) This section applies to Great British Railways when exercising the following
functions—
35(a) deciding whether to permit any person to access or use GBR
infrastructure for the operation of trains other than GBR passenger
services;
(b) preparing a draft of a working timetable;
(c) issuing or revising a working timetable.
35 Railways Bill
Part 3—Miscellaneous provisions
Chapter 1—Access to infrastructure and services

(2) Great British Railways must exercise the functions so as to ensure that it
retains sufficient capacity over GBR infrastructure to allow for—
(a) the operation of GBR passenger services and of railway passenger
services that it expects will in future be GBR passenger services, and
5(b) the carrying out of work necessary to maintain and improve GBR
infrastructure.
64 Charging scheme
(1) Great British Railways must make a scheme setting out the charges to be
made by Great British Railways—
10(a) for access to and the use of GBR infrastructure for the operation of
trains, and
(b) in relation to trains which are planned to use GBR infrastructure but
do not operate, or do not operate in full.
(2)
15
Subject as follows, the charges set out in the scheme under subsection (1)(a)
in relation to the operation of a train must be set at the cost that is directly
incurred as a result of the operation of the train.
(3) The scheme may provide for a higher amount to be charged in particular
circumstances provided that it does not exceed the amount that Great British
20
Railways considers is the amount that an efficient operator would be able to
pay in those circumstances.
(4) The scheme may provide for a lower amount to be charged in circumstances
in which Great British Railways considers that to be appropriate—
(a) in order to encourage the use of GBR infrastructure where there is
spare capacity,
25(b) in order to promote new services for the carriage of passengers or
goods by railway,
(c) in order to give effect to directions under section 7 or 8,
(d) as a result of having had regard to guidance under section 9 or 10, or
(e) for any other reason.
30(5) The scheme may not provide for charges to be made in relation to GBR
passenger services, but must include sufficient information as to the costs for
the access to and use of GBR infrastructure for the operation of those services
to explain how the charges set out in the scheme have been calculated.
(6)
35
Great British Railways may at any time revise or replace a scheme made
under this section.
(7) Great British Railways must publish—
(a) any scheme made under this section, and
(b) any revision or replacement of the scheme.
(8)
40
A person aggrieved by provision contained in a scheme made under this
section, or in a revision or replacement of it, may appeal to the ORR.
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Part 3—Miscellaneous provisions
Chapter 1—Access to infrastructure and services

65 Performance scheme
(1) Great British Railways must make a scheme which contains provision designed
to encourage—
(a)
5
Great British Railways to take appropriate steps to minimise disruption
that is caused to the operation of trains by problems affecting GBR
infrastructure, and
(b) persons who operate trains that use GBR infrastructure to take
appropriate steps to minimise disruption to that infrastructure and to
the operation of other trains using it.
10(2) The scheme may, in particular, include provision for Great British Railways
and persons who operate trains that use GBR infrastructure—
(a) to be required to pay penalties for causing disruption to the operation
of trains,
(b)
15
to receive compensation for disruption caused to the operation of
trains, and
(c) to receive bonuses that reward better than planned performance of
trains or GBR infrastructure.
(3) But the scheme may not provide for penalties or compensation—
(a)
20
in relation to any disruption caused to the operation of a train by
another train operated by the same person, or
(b) to be paid by Great British Railways in relation to any disruption that
is outside its control.
(4) The scheme may—
(a)
25
require information of a description specified in the scheme to be
provided to Great British Railways at times and in a manner so
specified, and
(b) provide for such persons not to be entitled to receive compensation
and bonuses under the scheme if they fail to comply with the
requirement.
30(5) Great British Railways may at any time revise or replace a scheme made
under this section.
(6) Great British Railways must publish—
(a) any scheme made under this section, and
(b) any revision or replacement of the scheme.
35(7) A person aggrieved by provision contained in a scheme made under this
section, or in a revision or replacement of it, may appeal to the ORR.
66 Consultation
(1) Great British Railways must consult the ORR, the Scottish Ministers, the Welsh
40
Ministers and such other persons as it considers appropriate before issuing,
revising or replacing a document under section 59.
37 Railways Bill
Part 3—Miscellaneous provisions
Chapter 1—Access to infrastructure and services

(2) Great British Railways must consult such persons as it considers appropriate
before—
(a) issuing, revising or replacing a document under section 60,
(b) issuing a working timetable under section 61, and
5(c) before making, revising or replacing a scheme under section 64 or 65.
(3) The requirements in this section in relation to issuing a document or timetable
or making a scheme may be satisfied by consultation before this section comes
into force (as well as by consultation after that time).
67 Appeals against access, charging and performance decisions
10(1) This section applies in relation to a decision made by Great British Railways—
(a) as to access to or the use of GBR infrastructure for the operation of
trains, or
(b) under a scheme made under section 64 or 65.
(2) A person aggrieved by the decision may appeal to the ORR.
1568 Appeal procedure
(1) When determining an appeal under this Chapter the ORR must apply the
same principles as would be applied—
(a) by the High Court on an application for judicial review, or
(b)
20
in Scotland, on an application to the supervisory jurisdiction of the
Court of Session.
(2) The ORR may—
(a) allow the appeal in whole or in part, or
(b) dismiss the appeal.
(3) If the ORR allows the appeal in whole or in part it may—
25(a) in the case of an appeal under section 59(6), 60(6), 64(8) or 65(7), remit
all or part of the provision appealed against to Great British Railways
for reconsideration, and
(b) in the case of an appeal under section 61(6), 62(7) or 67, quash all or
part of the decision appealed against.
30(4) If the ORR quashes all or part of a decision under subsection (3)(b) it may,
in addition—
(a) remit all or part of the decision to Great British Railways for
reconsideration, or
(b)
35
substitute its own decision for the decision in question, but only if the
quashing is on the ground that there has been an error of law and,
without the error, there would have been only one decision which
Great British Railways could have reached.
(5) If the ORR remits a matter to Great British Railways for reconsideration it
may give Great British Railways directions as to that reconsideration.
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Part 3—Miscellaneous provisions
Chapter 1—Access to infrastructure and services

(6) The Secretary of State may by regulations—
(a) make provision about steps that must be taken before an appeal can
be brought under this Chapter,
(b) set fees and time limits for appeals under this Chapter, and
5(c) make provision governing the practice and procedure to be followed
in the case of appeals under this Chapter.
(7) Before making the regulations the Secretary of State must consult—
(a) Great British Railways,
(b) the ORR
10(c) the Scottish Ministers,
(d) the Welsh Ministers, and
(e) any other persons the Secretary of State considers appropriate to
consult.
(8)
15
The ORR may issue a document setting out the practice and procedure to be
followed on appeals under this Chapter, so far as not covered by regulations
under subsection (6).
(9) The ORR may revise or replace the document.
(10) Before issuing, revising or replacing the document, the ORR must consult—
(a) Great British Railways,
20(b) the Secretary of State,
(c) the Scottish Ministers,
(d) the Welsh Ministers, and
(e) any other persons the ORR considers appropriate to consult.
(11) The ORR must publish—
25(a) any document issued under subsection (8), and
(b) any revision or replacement of such a document.
Access agreements and rights
69 Access agreements
(1) The Railways Act 1993 is amended as follows.
30(2) In section 17 (directions requiring facility owners to enter into access
agreements), after subsection (1) insert—
“(1A) Where the facility owner is Great British Railways, the Office of Rail
and Road may give directions under subsection (1) only for the purpose
specified in subsection (2)(e).”
35(3) In section 18 (access agreements requiring approval of ORR)—
(a) in subsection (1), after “A facility owner” insert “other than Great
British Railways”, and
39 Railways Bill
Part 3—Miscellaneous provisions
Chapter 1—Access to infrastructure and services

(b) after that subsection insert—
“(1A) Great British Railways may not, as a facility owner, enter into
an access contract of the description specified in subsection
5
(2)(e) unless one of the conditions in paragraphs (a) to (c) of
subsection (1) is satisfied; and any such contract is void unless
one of those conditions is satisfied.”
(4) In section 19(1) (installation access contracts)—
(a) in subsection (1), after “an installation owner” insert “other than Great
British Railways”, and
10(b) in subsection (3), after “An installation owner” insert “other than Great
British Railways”.
(5) In section 21 (model clauses for access contracts), after subsection (5) insert—
“(6) The powers of the Office of Rail and Road under subsection (5) may
15
not be exercised in relation to an access contract where the facility
owner is Great British Railways unless the access contract is of the
description specified in section 18(2)(e).”
(6) In section 22 (amendment of access agreements), after subsection (1) insert—
“(1A) Subsection (1) does not apply in relation to an access agreement where
20
the facility owner or installation owner is Great British Railways unless
the agreement is an access contract of the description specified in
section 18(2)(e).”
(7) In section 22A (directions to require amendment permitting more extensive
use), after subsection (5) insert—
“(5A)
25
Directions may not be given under this section in relation to an access
agreement where the facility owner or installation owner is Great
British Railways unless the agreement is an access contract of the
description specified in section 18(2)(e).”
(8) In section 22C (amendment: supplementary), after subsection (1) insert—
“(1A)
30
Directions may not be given under subsection (1) in relation to an
access agreement where the facility owner or installation owner is
Great British Railways unless the agreement is an access contract of
the description specified in section 18(2)(e).”
70 Access rights
(1) The 2016 Regulations are amended as follows.
35(2) In regulation 3 (interpretation) in the definition of “infrastructure manager”,
after “undertaking” insert “, other than Great British Railways,”.
(3) In regulation 5 (access rights)—
Railways Bill 40
Part 3—Miscellaneous provisions
Chapter 1—Access to infrastructure and services

(a) in paragraph (1), for “A railway undertaking must be granted,”
substitute “An infrastructure manager must grant to a railway
undertaking,”, and
(b) omit paragraph (8).
571 Operation of existing agreements and rights
(1) The Secretary of State may by regulations make provision about the operation
of—
(a) access agreements that were entered into before the date on which
this section comes into force, and
10(b) access rights granted under the 2016 Regulations,
so far as the agreements or rights have effect in relation to GBR infrastructure.
(2) The regulations may, in particular, provide for—
(a) the amendment or termination of access agreements and access rights,
(b) the imposition and exclusion of obligations or of liability,
15(c) the resolution of disputes,
(d) the payment of compensation, and
(e) the consent of the Secretary of State to be required in circumstances
specified in the regulations.
(3)
20
No regulations may be made under this section after the end of the period
of 15 years beginning with the day on which this Act is passed.
Supplementary
72 Regulations about non-GBR infrastructure, facilities and services
(1) The Secretary of State may by regulations make provision about—
(a) the management and operation of non-GBR infrastructure,
25(b) rights to operate trains between places using non-GBR infrastructure,
(c) co-operation and co-ordination between Great British Railways, GBR
companies and persons who manage or operate non-GBR infrastructure,
(d) the provision and supply of facilities and services which facilitate the
operation of trains, and
30(e) competition in the market or markets for the provision and supply of
such facilities and services.
(2) The regulations may, in particular—
(a) make provision relating to non-GBR infrastructure that corresponds
35
or is similar to, or consequential on, the provision relating to GBR
infrastructure made by and under this Chapter;
(b) permit functions of a person who manages or operates non-GBR
infrastructure to be performed by a person who operates trains that
use that infrastructure;
41 Railways Bill
Part 3—Miscellaneous provisions
Chapter 1—Access to infrastructure and services

(c) make provision about terms, conditions and charges for the use of
non-GBR infrastructure and for the provision and supply of facilities
and services;
(d)
5
make provision as to circumstances in which Great British Railways
is to be treated as a railway undertaking for the purposes of the 2016
Regulations, or any restatement or replacement of those regulations,
despite any contrary provision made by this Act;
(e) restate, or replace with such alternative provision as the Secretary of
State considers appropriate, the 2016 regulations.
10(3) The regulations may—
(a) include provision as to their enforcement, including by means of
criminal offences punishable by a fine, civil sanctions (including
penalties) or civil proceedings;
(b)
15
include provision for appeals in relation to anything done under or
by virtue of the regulations;
(c) confer functions (including discretions) on a person specified, or of a
description specified, in the regulations;
(d) confer power to make provision about matters arising out of or related
20
to the regulations in a document issued by a person specified, or of
a description specified, in the regulations.
(4) The power to make regulations under this section includes power to make
consequential provision which amends or repeals provision contained in this
or any other Act.
(5)
25
Before making regulations under this section the Secretary of State must
consult such persons as the Secretary of State considers appropriate.
(6) In this section “non-GBR infrastructure” means any network, station or track
that is not operated by or on behalf of Great British Railways.
73 Interpretation of Chapter 1 of Part 3
(1) In this Chapter—
30“GBR infrastructure” means railway infrastructure operated by or on
behalf of Great British Railways;
“GBR passenger service” means a railway passenger service provided
by Great British Railways or a subsidiary of Great British Railways—
(a) under arrangements made under section 4, or
35(b) under a public service contract awarded under section 31;
“working timetable” has the meaning given by section 61(2).
(2) The Secretary of State may by regulations amend the definition of “GBR
infrastructure”.
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CHAPTER 2
OTHER PROVISIONS
The ORR
74 Monitoring Great British Railways
5(1) The Railways Act 1993 is amended as follows.
(2) After section 69 insert—
“69A Additional function: monitoring Great British Railways
(1) The Office of Rail and Road—
(a) must monitor the exercise of—
10(i) Great British Railways’ statutory functions, and
(ii) any functions under arrangements made under section
4 of the Railways Act 2026, and
(b) may carry out such investigations as it thinks appropriate for
the purpose of monitoring the exercise of the functions.
15(2) When monitoring the exercise of Great British Railways’ statutory
functions the Office of Rail and Road must, in particular, consider—
(a) whether and how the activities set out in the business plans
provided by Great British Railways to the Office of Rail and
20
Road under Schedule 2 to the Railways Act 2026 are being
carried out,
(b) how the cost of carrying out those activities and the income
received compares with the estimates set out in the plan, and
(c) whether, and the extent to which, Great British Railways’
25
statutory functions are being exercised in a way that furthers
the railway safety purposes.
(3) In this section—
“railway safety purposes” has the same meaning as in Schedule
3 to the Railways Act 2005;
30
“statutory functions”, in relation to Great British Railways, has
the same meaning as in the Railways Act 2026 (see section 3(4)
of that Act).”
(3) In section 69 (general functions), after subsection (3) insert—
“(3A) The Office of Rail and Road may arrange for the publication, in such
35
form and in such manner as it considers appropriate, of any
information or advice given to the Secretary of State under subsection
(3) in connection with its function under section 69A (monitoring Great
British Railways).”
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Chapter 2—Other provisions

75 Miscellaneous functions of ORR
(1) The Railways Act 1993 is amended as follows.
(2) In section 16A (provision, development and improvement of railway facilities),
after subsection (3) insert—
5“(3ZA) A direction may not be given under this section to Great British
Railways.”
(3) In section 55 (orders for securing compliance), after subsection (7C) insert—
“(7D) The Office of Rail and Road may not, by a final or provisional order,
require the payment of a sum by Great British Railways.”
10(4) In section 57A (penalties), after subsection (7) insert—
“(8) The Office of Rail and Road may not impose a penalty under this
section on Great British Railways.”
(5) In section 69(3) (general functions of ORR), after “this Part” insert “or the
Railways Act 2026”.
15Publication of information
76 Publication of information by ORR
(1) The Railways Act 1993 is amended as follows.
(2) After section 72 insert—
“72A Duty of Office of Rail and Road to publish information
20(1) The Office of Rail and Road must publish, in such manner and form
as it considers appropriate, such documents and other information
relating to the matters listed in subsection (2) as it considers
appropriate.
(2) The matters are—
25(a) licences and railway undertaking licences;
(b) access agreements and installation access contracts;
(c) access contracts, other than those for the use of GBR
infrastructure;
(d) experimental passenger services;
30(e) closures;
(f) railway administration orders and their discharge.
(3) When publishing documents or information under this section, the
Office of Rail and Road must have regard to the need for excluding,
so far as practicable—
35(a) any matter which relates to the affairs of an individual, where
1
publication of that matter would or might, in the opinion of
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the Office of Rail and Road, seriously and prejudicially affect
the interests of that individual, and
(b) any matter which relates specifically to the affairs of a particular
5
body of persons, whether corporate or unincorporate, where
publication of that matter would or might, in the opinion of
the Office of Rail and Road, seriously and prejudicially affect
the interests of that body.
(4) The Secretary of State may direct the Office of Rail and Road not to
10
publish particular information or documents under this section if it
appears to the Secretary of State that publication of that information
or those documents would be against the public interest or the
commercial interests of any person.
(5) In this section—
15
“experimental passenger service” has the same meaning as in
Part 4 of the Railways Act 2005 (see section 45(1));
“GBR infrastructure” has the same meaning as in Chapter 1 of
Part 2 of the Railways Act 2026 (see section 73(1)).”
(3) In section 72 (keeping of register by ORR)—
(a) omit subsections (1) to (4) and (7) to (11),
20(b) for the heading substitute “Duty to send access agreements to Office
of Rail and Road”, and
(c) for the italic heading before that section substitute “Information and
reporting duties”.
(4)
25
The ORR may publish anything that, immediately before this section came
into force, was contained in the register maintained under section 72 of the
Railways Act 1993.
(5) Section 72A of the Railways Act 1993 does not require the ORR to publish—
(a) any document created before the day on which this section comes into
force, or
30(b) any information recorded, or relating to a time, before that day.
77 Publication of information by Secretary of State
(1) For section 73 of the Railways Act 1993 substitute—
“73 Duty of Secretary of State to publish information
(1)
35
The Secretary of State must publish, in such manner and form as the
Secretary of State considers appropriate, such documents and other
information relating to the matters listed in subsection (2) as the
Secretary of State considers appropriate.
(2) The matters are—
(a)
40
determinations made by the Secretary of State under section
34 of the Railways Act 2005;
45 Railways Bill
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Chapter 2—Other provisions

(b) the exercise of the Secretary of State’s powers under sections
55 and 57A of this Act.
(3) When publishing documents or information under this section, the
5
Secretary of State must have regard to the need for excluding, so far
as practicable—
(a) any matter which relates to the affairs of an individual, where
publication of that matter would or might, in the opinion of
the Secretary of State, seriously and prejudicially affect the
interests of that individual, and
10(b) any matter which relates specifically to the affairs of a particular
body of persons, whether corporate or unincorporate, where
publication of that matter would or might, in the opinion of
the Secretary of State, seriously and prejudicially affect the
interests of that body.
15(4) The Secretary of State may not publish particular information or
documents under this section if it appears to the Secretary of State
that publication of that information or those documents would be
against the public interest or the commercial interests of any person.”
(2)
20
The Secretary of State may publish anything that, immediately before this
section came into force, was contained in the register maintained under section
73 of the Railways Act 1993.
78 Publication of information by Scottish Ministers
(1) For section 73A of the Railways Act 1993 substitute—
“73A Duty of Scottish Ministers to publish information
25(1) The Scottish Ministers must publish, in such manner and form as they
consider appropriate, such documents and other information relating
to the matters listed in subsection (2) as they consider appropriate.
(2) The matters are—
(a)
30
determinations made by the Scottish Ministers under section
34 of the Railways Act 2005;
(b) the exercise of their powers under sections 55 and 57A of this
Act.
(3) When publishing documents or information under this section, the
35
Scottish Ministers must have regard to the need for excluding, so far
as practicable—
(a) any matter which relates to the affairs of an individual, where
publication of that matter would or might, in the opinion of
the Scottish Ministers, seriously and prejudicially affect the
interests of that individual, and
40(b) any matter which relates specifically to the affairs of a particular
1
body of persons, whether corporate or unincorporate, where
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Chapter 2—Other provisions

publication of that matter would or might, in the opinion of
the Scottish Ministers, seriously and prejudicially affect the
interests of that body.
(4)
5
The Scottish Ministers may not publish particular information or
documents under this section if it appears to them that publication of
that information or those documents would be against the public
interest or the commercial interests of any person.”
(2) The Scottish Ministers may publish anything that, immediately before this
10
section came into force, was contained in the register maintained under section
73A of the Railways Act 1993.
79 Publication of information by Welsh Ministers
(1) For section 73B of the Railways Act 1993 substitute—
“73B Duty of Welsh Ministers to publish information
(1)
15
The Welsh Ministers must publish, in such manner and form as they
consider appropriate, such documents and other information relating
to the matters listed in subsection (2) as they consider appropriate.
(2) The matters are—
(a) determinations made by the Welsh Ministers under section 34
of the Railways Act 2005;
20(b) the exercise of their powers under sections 55 and 57A of this
Act.
(3) When publishing documents or information under this section, the
Welsh Ministers must have regard to the need for excluding, so far
as practicable—
25(a) any matter which relates to the affairs of an individual, where
publication of that matter would or might, in the opinion of
the Welsh Ministers, seriously and prejudicially affect the
interests of that individual, and
(b)
30
any matter which relates specifically to the affairs of a particular
body of persons, whether corporate or unincorporate, where
publication of that matter would or might, in the opinion of
the Welsh Ministers, seriously and prejudicially affect the
interests of that body.
(4)
35
The Welsh Ministers may not publish particular information or
documents under this section if it appears to them that publication of
that information or those documents would be against the public
interest or the commercial interests of any person.”
(2) The Welsh Ministers may publish anything that, immediately before this
40
section came into force, was contained in the register maintained under section
73B of the Railways Act 1993.
47 Railways Bill
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Chapter 2—Other provisions

Co-operation etc
80 Duty to consult Scottish and Welsh Ministers
(1) Great British Railways must consult the Scottish Ministers before making a
5
decision within subsection (2) if it appears to Great British Railways that the
decision will significantly affect the interests of Scotland’s economy or of
persons living in, working in or visiting Scotland.
(2) A decision is within this subsection if it relates to—
(a) a cross-border service designated under section 25;
(b)
10
additions to a part of the railway network operated by Great British
Railways which is situated in Scotland.
(3) Great British Railways must consult the Welsh Ministers before making a
decision within subsection (4) if it appears to Great British Railways that the
decision will significantly affect the interests of Wales’ economy or of persons
living in, working in or visiting Wales.
15(4) A decision is within this subsection if it relates to—
(a) a railway passenger service designated under section 25 which is
provided in Wales;
(b) additions to a part of the railway network operated by Great British
Railways which is situated in Wales.
20(5) Subsections (1) or (3) do not apply in relation to a decision where consultation
is not reasonably practicable, in which case Great British Railways must notify
the Scottish Ministers or the Welsh Ministers of the decision as soon as
reasonably practicable.
81 Duty to consult mayoral combined authorities
25(1) Great British Railways must consult a mayoral combined authority or a
mayoral combined county authority before making a decision within subsection
(2) if it appears to Great British Railways that the decision will significantly
affect the interests of the economy of the authority’s area or of persons living
in, working in or visiting the area.
30(2) A decision is within this subsection if it relates to—
(a) a railway passenger service designated under section 25 which is
provided in the authority’s area;
(b) additions to a part of the railway network operated by Great British
Railways which is situated in the authority’s area.
35(3) The Scottish Ministers must consult a mayoral combined authority or a
mayoral combined county authority before making a decision relating to a
railway passenger service designated under section 26 if—
(a) the service is provided in the authority’s area, and
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(b) it appears to the Scottish Ministers that the decision will significantly
affect the interests of the economy of the area or of persons living in,
working in or visiting the area.
(4)
5
The Welsh Ministers must consult a mayoral combined authority or a mayoral
combined county authority before making a decision relating to a railway
passenger service designated under section 27 if—
(a) the service is provided in the authority’s area, and
(b) it appears to the Welsh Ministers that the decision will significantly
10
affect the interests of the economy of the area or of persons living in,
working in or visiting the area.
(5) Subsections (1), (3) or (4) do not apply in relation to a decision where
consultation is not reasonably practicable, in which case Great British Railways,
the Scottish Ministers or the Welsh Ministers must notify the authority of the
decision as soon as reasonably practicable.
1582 Duty to consult Transport for London
(1) Great British Railways must consult Transport for London before making a
decision within subsection (2) if it appears to Great British Railways that the
decision will significantly affect the interests of Greater London’s economy
or of persons living in, working in or visiting Greater London.
20(2) A decision is within this subsection if it relates to—
(a) a London railway passenger service (within the meaning of section
175 of the Greater London Authority Act 1999) designated under
section 25;
(b)
25
additions to a part of the railway network operated by Great British
Railways which is situated in Greater London.
(3) Subsection (1) does not apply in relation to a decision where consultation is
not reasonably practicable, in which case Great British Railways must notify
Transport for London of the decision as soon as reasonably practicable.
83 Advice from relevant local government bodies
30(1) A relevant local government body must provide the Secretary of State with
such advice as the Secretary of State may reasonably require about a matter
connected with the exercise by the Secretary of State of a function in relation
to railways or railway services.
(2)
35
The reference in subsection (1) to a function of the Secretary of State in relation
to railways or railway services does not include a reference to any functions
of the Secretary of State so far as they are exercisable for or in connection
with the railway safety purposes (within the meaning given by Schedule 3
to the Railways Act 2005).
(3)
40
A relevant local government body must provide Great British Railways with
1
such advice as Great British Railways may reasonably require about a matter
49 Railways Bill
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Chapter 2—Other provisions

connected with the exercise by Great British Railways of a statutory function
in relation to—
(a) railways in the body’s area, or
(b) railway services—
5(i) between places in the body’s area, or
(ii) between places in the body’s area and places outside that area.
(4) In this section “a relevant local government body” means—
(a) a mayoral combined authority,
(b) a mayoral combined county authority, or
10(c) a Passenger Transport Executive for an integrated transport area.
84 Advice from Transport for London
After section 176 of the Greater London Authority Act 1999 insert—
“176A Duty to advise Secretary of State and GBR
(1)
15
Transport for London must provide the Secretary of State with such
advice as the Secretary of State may reasonably require about a matter
connected with the exercise by the Secretary of State of a function in
relation to railways or railway services.
(2) The reference in subsection (1) to a function of the Secretary of State
20
in relation to railways or railway services does not include a reference
to any functions of the Secretary of State so far as they are exercisable
for or in connection with the railway safety purposes (within the
meaning given by Schedule 3 to the Railways Act 2005).
(3) Transport for London must provide Great British Railways with such
25
advice as Great British Railways may reasonably require about a matter
connected with the exercise by Great British Railways of a statutory
function (within the meaning of the Railways Act 2026) in relation
to—
(a) railways in Greater London, or
(b) railway services—
30(i) between places in Greater London, or
(ii) between places in Greater London and places outside
Greater London.
(4) Expressions used in this section and in Part 1 of the Railways Act 1993
have the same meaning in this section as in that Part.”
35Removal of road vehicles
85 Charging for removal etc of road vehicles
(1) Costs incurred by the operator of a network or station in relation to removing
or storing a road vehicle that has been parked or left—
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(a) on land or other property comprised in the network or station, and
(b) in contravention of bye-laws having effect in relation to the land,
are recoverable by the operator from the person in charge of the road vehicle,
5
where removal or storage is carried out in accordance with bye-laws having
effect in relation to the land.
(2) In this section “road vehicle” means a motor vehicle, bicycle or other
conveyance.
Transfer schemes
86 Transfer schemes made by Secretary of State
10(1) The Secretary of State may, for any purpose connected with railways or the
provision of railway services, make one or more schemes for the transfer of
property, rights and liabilities—
(a) from the Secretary of State, a government department or a company
wholly owned by the Crown, to—
15(i) Great British Railways,
(ii) a company wholly owned by Great British Railways,
(iii) a proposed GBR,
(iv) a company wholly owned by a proposed GBR, or
(v)
20
a company jointly owned by two or more of the Secretary of
State, the Scottish Ministers, the Welsh Ministers, Great British
Railways and a proposed GBR;
(b) from Great British Railways, or a company wholly owned by Great
British Railways, to—
(i) the Secretary of State,
25(ii) a company wholly owned by the Crown,
(iii) a proposed GBR,
(iv) a company wholly owned by a proposed GBR, or
(v) a company jointly owned by two or more of the Secretary of
30
State, the Scottish Ministers, the Welsh Ministers, Great British
Railways and a proposed GBR;
(c) from a former GBR, or a company wholly owned by a former GBR,
to—
(i) the Secretary of State,
(ii) a company wholly owned by the Crown,
35(iii) Great British Railways,
(iv) a company wholly owned by Great British Railways,
(v) a company jointly owned by two or more of the Secretary of
State, the Scottish Ministers, the Welsh Ministers and Great
British Railways;
51 Railways Bill
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Chapter 2—Other provisions

(d) from a company jointly owned by two or more of the Secretary of
State, the Scottish Ministers, the Welsh Ministers, Great British Railways
and a proposed GBR to—
(i) another such company,
5(ii) Great British Railways,
(iii) a company wholly owned by Great British Railways,
(iv) a proposed GBR, or
(v) a company wholly owned by a proposed GBR;
(e)
10
from the Secretary of State or a government department to a company
wholly owned by the Crown, or vice versa.
(2) The Secretary of State must obtain the consent—
(a) of the Scottish Ministers before making a scheme that contains
provision for the transfer of property, rights and liabilities to or from
15
a company jointly owned by the Scottish Ministers and one or more
other persons, and
(b) of the Welsh Ministers before making a scheme that contains provision
for the transfer of property, rights and liabilities to or from a company
jointly owned by the Welsh Ministers and one or more other persons.
87 Transfer schemes made by Scottish Ministers
20(1) The Scottish Ministers may, for any purpose connected with railways or the
provision of railway services, make one or more schemes for the transfer of
property, rights and liabilities—
(a) from the Scottish Ministers, or a company wholly owned by the
Scottish Ministers, to—
25(i) Great British Railways,
(ii) a company wholly owned by Great British Railways,
(iii) a proposed GBR,
(iv) a company wholly owned by a proposed GBR, or
(v)
30
a company jointly owned by two or more of the Scottish
Ministers, the Secretary of State, Great British Railways and a
proposed GBR;
(b) from Great British Railways, a company wholly owned by Great British
Railways or a company jointly owned by the Scottish Ministers and
Great British Railways to—
35(i) the Scottish Ministers,
(ii) a company wholly owned by the Scottish Ministers,
(iii) a proposed GBR,
(iv) a company wholly owned by a proposed GBR, or
(v)
40
a company jointly owned by the Scottish Ministers and a
proposed GBR;
(c) from a former GBR, a company wholly owned by a former GBR or a
company jointly owned by the Scottish Ministers and a former GBR,
to—
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(i) the Scottish Ministers,
(ii) a company wholly owned by the Scottish Ministers,
(iii) Great British Railways,
(iv) a company wholly owned by Great British Railways, or
5(v) a company jointly owned by the Scottish Ministers and Great
British Railways;
(d) from a company wholly owned by the Scottish Ministers to another
company wholly owned by them;
(e)
10
from the Scottish Ministers to a company wholly owned by them, or
vice versa.
(2) The Scottish Ministers must obtain the Secretary of State’s consent before
making a scheme under subsection (1)(a), (b) or (c).
88 Transfer schemes made by Welsh Ministers
(1)
15
The Welsh Ministers may, for any purpose connected with railways or the
provision of railway services, make one or more schemes for the transfer of
property, rights and liabilities—
(a) from the Welsh Ministers, or a company wholly owned by the Welsh
Ministers, to—
(i) Great British Railways,
20(ii) a company wholly owned by Great British Railways,
(iii) a proposed GBR,
(iv) a company wholly owned by a proposed GBR, or
(v) a company jointly owned by two or more of the Welsh
25
Ministers, the Secretary of State, Great British Railways and a
proposed GBR;
(b) from Great British Railways, a company wholly owned by Great British
Railways or a company jointly owned by the Welsh Ministers and
Great British Railways to—
(i) the Welsh Ministers,
30(ii) a company wholly owned by the Welsh Ministers,
(iii) a proposed GBR,
(iv) a company wholly owned by a proposed GBR, or
(v) a company jointly owned by the Welsh Ministers and a
proposed GBR;
35(c) from a former GBR, or a company wholly owned by a former GBR,
to—
(i) the Welsh Ministers,
(ii) a company wholly owned by the Welsh Ministers,
(iii) Great British Railways,
40(iv) a company wholly owned by Great British Railways, or
(v) a company jointly owned by the Welsh Ministers and Great
British Railways;
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Chapter 2—Other provisions

(d) from a company wholly owned by the Welsh Ministers to another
company wholly owned by them;
(e) from the Welsh Ministers to a company wholly owned by the Welsh
Ministers, or vice versa.
5(2) The Welsh Ministers must obtain the Secretary of State’s consent before
making a scheme under subsection (1)(a), (b) or (c).
89 Further provision about transfer schemes
(1) Schedule 3 contains further provision about transfer schemes under sections
86, 87 and 88.
10(2) In sections 86, 87 and 88 and Schedule 3—
(a) “a former GBR” means a body corporate formerly designated as Great
British Railways under section 1;
(b) “a proposed GBR” means a body corporate that the Secretary of State
proposes to designate as Great British Railways under that section.
1590 Transfer of staff to the Passengers’ Council
(1) The Secretary of State may make one or more schemes under which persons
who hold employment in the civil service of the State become employees of
the Passengers’ Council (but this is subject to any provision contained in the
20
scheme that allows a person to object to becoming an employee of the
Council).
(2) A scheme made under this section—
(a) may make provision for giving full effect to a person’s transfer into
the employment of the Passengers’ Council as a result of the scheme,
and
25(b) may (in particular) include provision that is the same as, or similar
to, the provision made by the Transfer of Undertakings (Protection of
Employment) Regulations 2006 (S.I. 2006/246).
Licensing etc of train drivers
91 Licensing etc of train drivers
30(1) The Secretary of State may by regulations make provision about the licensing
or certification of persons who drive trains used to provide railway services.
(2) The provision that may be made by regulations under this section includes,
among other things, provision—
(a)
35
prohibiting a person from driving a train unless the person is
authorised to do so by a licence, or a certificate, of a description
specified in the regulations;
(b) as to who may issue licences or certificates;
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(c) as to conditions which a person must meet in order to hold a licence
or a certificate;
(d) about the procedure for obtaining a licence or a certificate, including
provision for the payment of fees;
5(e) about the form or content of licences or certificates;
(f) for licences or certificates to include conditions, including conditions
as to the making of payments to persons specified in the regulations;
(g) about the validity of licences or certificates;
(h) for the suspension, revocation or withdrawal of a licence or a certificate;
10(i) about appeals against a decision relating to the issuance, suspension,
revocation or withdrawal of a licence or a certificate;
(j) about keeping or sharing information in relation to—
(i) licences or certificates;
(ii)
15
a person who holds, or has previously held, a licence or
certificate.
(3) The regulations may include provision about—
(a) the training, skills, assessment and examination of persons who drive
trains;
(b)
20
the steps which may be taken by the ORR in cases where it considers
that a person who drives trains is a serious threat to the safety of the
railway.
(4) The regulations may confer power to make provision about matters arising
out of or related to the regulations in a document issued by a person specified,
or of a description specified, in the regulations.
25(5) Regulations under this section—
(a) may make provision for the enforcement of a right or duty provided
for in the regulations, including by creating criminal offences;
(b) may not, in the case of an offence triable either way, make provision
30
for the offence to be punishable, on conviction on indictment, by
imprisonment for a period exceeding 2 years.
(6) Before making regulations under this section the Secretary of State must
consult—
(a) such organisations appearing to the Secretary of State to be
representative of persons who drive trains as they think fit, and
35(b) any other persons whom the Secretary of State considers appropriate
to consult.
International interests in railway rolling stock
92 Cape Town Convention and Luxembourg Protocol
(1)
40
The Secretary of State may by regulations make provision for giving effect
to—
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Chapter 2—Other provisions

(a) the Convention on International Interests in Mobile Equipment signed
at Cape Town on 16 November 2001 (“the Cape Town Convention”),
so far as it relates to international interests in railway rolling stock,
and
5(b) the Luxembourg Protocol to the Cape Town Convention on Matters
Specific to Railway Rolling Stock signed in Luxembourg on 23 February
2007 (“the Luxembourg Protocol”).
(2) Regulations under this section may, in particular—
(a)
10
make provision to deal with any matter arising out of or related to
the Cape Town Convention or the Luxembourg Protocol;
(b) make provision for enabling the enforcement of a right or duty arising
out of the Cape Town Convention or the Luxembourg Protocol;
(c) make provision which refers to an instrument made by the body
15
established by virtue of Article 12 of the Luxembourg Protocol, as that
instrument has effect from time to time;
(d) make provision for conferring jurisdiction on a court or tribunal;
(e) make provision for conferring functions on the Secretary of State or
any other person;
(f)
20
make provision for imposing duties on persons to cooperate with a
person exercising a function under the Cape Town Convention, the
Luxembourg Protocol or the regulations;
(g) make provision about the enforcement of judgments.
(3) Regulations under this section may amend or repeal provision contained in
primary legislation.
25(4) In this section—
“international interest” has the meaning given in Article 1(o) of the Cape
Town Convention;
“primary legislation” means—
(a) an Act,
30(b) an Act of the Scottish Parliament,
(c) an Act or Measure of Senedd Cymru, or
(d) Northern Ireland legislation;
“railway rolling stock” has the meaning given in Article 1(2)(e) of the
Luxembourg Protocol.
35PART 4
GENERAL
93 Minor and consequential amendments
Schedule 4 contains minor and consequential amendments (including the
repeal of some provisions which are spent).
Railways Bill 56
Part 4—General

94 Power of Secretary of State to make consequential provision
(1) The Secretary of State may by regulations make provision that is consequential
on this Act.
(2)
5
Regulations under this section may amend or repeal provision contained in
an Act passed—
(a) before this Act, or
(b) later in the same session of Parliament as this Act,
(as well as provision made under such an Act).
95 Regulations
10(1) A power to make regulations under any provision of this Act includes power
to make—
(a) consequential, supplementary, incidental, transitional or saving
provision;
(b) different provision for different purposes or areas;
15(c) the full provision to which the power extends or any less provision
(whether by way of exception or otherwise).
(2) Regulations made by the Secretary of State under this Act are to be made by
statutory instrument.
(3)
20
A statutory instrument containing any of the following (whether alone or
with other provision) may not be made unless a draft of the instrument has
been laid before and approved by a resolution of each House of Parliament—
(a) regulations under section 3(3);
(b) regulations under section 72;
(c) regulations under section 73(2)
25(d) regulations under section 91;
(e) regulations under section 92;
(f) regulations under section 94 that amend or repeal provision contained
in an Act;
(g) regulations under paragraph 6 of Schedule 2.
30(4) Any other statutory instrument containing regulations made by the Secretary
of State under this Act, except a statutory instrument containing regulations
under section 98, is subject to annulment in pursuance of a resolution of either
House of Parliament.
(5)
35
If a draft of an instrument containing regulations under section 72 or 94
would, apart from this subsection, be treated as a hybrid instrument for the
purposes of the standing orders of either House of Parliament, it is to proceed
in that House as if it were not a hybrid instrument.
96 General interpretation
(1) In this Act—
57 Railways Bill
Part 4—General

“the 2016 Regulations” means the Railways (Access, Management and
Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645));
“GBR company” means—
(a) a subsidiary of Great British Railways;
5(b) a company jointly owned by Great British Railways and the
Scottish Ministers, or
(c) a company jointly owned by Great British Railways and the
Welsh Ministers;
10
“mayoral combined authority”, “mayoral combined county authority”
and “mayoral strategic authority” have the same meanings as in the
English Devolution and Community Empowerment Act 2026;
“the ORR” means the Office of Rail and Road;
“Passenger Transport Executive for an integrated transport area” means
15
a body which is the Passenger Transport Executive for an integrated
transport area for the purposes of Part 2 of the Transport Act 1968;
“railway infrastructure” has the meaning given by the 2016 Regulations
(see regulation 3);
“safety functions”, in relation to the ORR, means functions assigned or
transferred to the ORR—
20(a) under Part 1 of the Railways Act 1993,
(b) under or by virtue of the Railways Act 2005, or
(c) under or by virtue of the Health and Safety at Work etc. Act
1974,
25
so far as they are being exercised for railway safety purposes (within
the meaning of Schedule 3 to the Railways Act 2005) or for purposes
connected with those purposes;
“statutory functions”, in relation to Great British Railways, has the
meaning given by section 3(4).
(2)
30
An expression which is given a meaning by any provision of the Railways
Act 1993 for the purpose either of that Act or of Part 1 of it has the same
meaning in this Act as in that Act or Part.
(3) Subsections (4) and (5) of section 58 of the Railways Act 2005 (meaning of
“wholly owned” and “jointly owned”) apply for the purposes of this Act as
35
they apply for the purposes of that Act, except in relation to the expression
“wholly owned by the Crown” (as to which see section 151(2) of the Railways
Act 1993).
97 Extent
(1) This Act extends to England and Wales and Scotland only, subject to
subsections (2) to (5).
40(2) Section 92 and this Part extend also to Northern Ireland.
(3) His Majesty may by Order in Council provide for any of the provisions of
1
section 92 and this Part, or any regulations under that section (whether made
Railways Bill 58
Part 4—General

before or after the making of the Order in Council), to extend with or without
modifications to the Isle of Man.
(4) The power under subsection (3), so far as relating to regulations, includes
5
power to provide for the regulations as amended from time to time to extend
as mentioned in that subsection.
(5) An amendment, repeal or revocation made by this Act has the same extent
as the provision amended, repealed or revoked.
98 Commencement
(1)
10
Sections 91, 92, 94 to 97, this section and section 99 come into force on the
day on which this Act is passed.
(2) The remaining provisions of this Act come into force—
(a) for the purposes of making regulations, on the day on which this Act
is passed;
(b)
15
for remaining purposes, on such day or days as the Secretary of State
may by regulations appoint.
(3) The Secretary of State may by regulations make transitional or saving provision
(in addition to any such provision made by this Act) in connection with the
coming into force of any provision of this Act.
99 Short title
20This Act may be cited as the Railways Act 2026.
59 Railways Bill
Part 4—General

SCHEDULES
Section 11 SCHEDULE 1
LICENSING OF GREAT BRITISH RAILWAYS
1 The Railways Act 1993 is amended in accordance with paragraphs 2 to 8.
52 In section 7 (exemption from licensing requirements), after subsection (12)
insert—
“(12A) A licence exemption may not be granted to Great British Railways.”
3 For section 8 substitute—
“7B Grant of licence to Great British Railways
10(1) The Secretary of State may, after consultation with the Office of Rail
and Road and the Passengers’ Council, grant Great British Railways
a licence under this section authorising Great British Railways to
be the operator of the railway assets specified or described in the
licence.
15(2) A licence under this section must be in writing.
(3) A licence under this section continues in force for such period as
may be specified in or determined by or under it unless revoked
or surrendered before the end of that period.
(4)
20
A licence under this section may not be surrendered without the
consent of the Secretary of State.
(5) The consultation requirements in subsection (1) may be satisfied by
consultation before Schedule 1 to the Railways Act 2026 comes into
force (as well as by consultation after that time).
8 Grant of licence to persons other than Great British Railways
25(1) The Secretary of State may, after consultation with the Office of Rail
and Road and any consultation required by subsection (3), grant a
person other than Great British Railways a licence under this section
authorising the person to be the operator of the railway assets
specified or described in the licence.
30(2) The Office of Rail and Road may, after any consultation required
by subsection (3), grant a person other than Great British Railways
a licence under this section authorising the person to be the operator
of the railway assets specified or described in the licence.
(3)
35
This subsection requires consultation with the Passengers’ Council
if the licence is a passenger licence or station licence.
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(4) The Secretary of State or the Office of Rail and Road may grant a
person a licence under this section only on an application by the
person made in accordance with regulations under section 8B.
(5)
5
The Office of Rail and Road may not grant a licence under this
section unless—
(a) the Secretary of State consents to the grant, or
(b) the licence is granted in accordance with a general authority
given to the Office of Rail and Road by the Secretary of State.
(6)
10
The terms of a general authority may include a requirement for the
Office of Rail and Road to consult the Secretary of State, or obtain
their approval, before granting a licence under this section; but a
failure to comply with such a requirement in relation to the grant
of a licence does not affect the validity of the licence.
(7) A licence under this section must be in writing.
15(8) A licence under this section continues in force for such period as
may be specified in or determined by or under it unless revoked
or surrendered before the end of that period.
(9) A licence under this section may not be surrendered without the
consent of the Office of Rail and Road.
208A Licences: notification requirements
(1) Before the Secretary of State or the Office of Rail and Road grants
a licence to a person under section 7B or 8, they must publish a
notice—
(a)
25
stating that they propose granting a licence under that section
to the person,
(b) stating the reasons for proposing to do so, and
(c) specifying a period of not less than 28 days beginning with
the date of publication of the notice during which
30
representations or objections with respect to the proposed
licence may be made.
(2) The notice must be published in such manner as they consider
appropriate for bringing it to the attention of persons likely to be
affected by the grant of the licence.
(3)
35
They must consider any representations or objections which are
made before the end of the period specified in the notice and not
withdrawn.
(4) As soon as possible after granting a licence they must send a copy—
(a) in the case of a licence granted by the Secretary of State, to
the Office of Rail and Road;
40(b) in the case of a licence granted by the Office of Rail and
Road, to the Secretary of State;
61 Railways Bill
Schedule 1—Licensing of Great British Railways

(c) in the case of a licence granted under section 7B or a
passenger or station licence granted under section 8, to the
Passengers’ Council.
(5)
5
A requirement in subsection (1) to (3) may be satisfied, in relation
to the first licence granted under section 7B, by equivalent steps
taken before Schedule 1 to the Railways Act 2026 comes into force
(as well as by things done after that time).
8B Licences: applications
(1) The Secretary of State may by regulations—
10(a) prescribe the manner in which an application for a licence
under section 8 must be made;
(b) require the application to be accompanied by such fee as the
Secretary of State may prescribe;
(c)
15
require the application to be published in the prescribed
manner and before the end of such period as may be notified
to the applicant by the Secretary of State.
(2) The regulations may provide for different application fees to be
payable in respect of licences of different descriptions.
(3)
20
Before making regulations under this section the Secretary of State
must consult the Office of Rail and Road.
(4) Any sums received by the Secretary of State or the Office of Rail
and Road in connection with an application for a licence must be
paid into the Consolidated Fund.”
4 In section 9(1) (conditions of licences: general), after paragraph (b) insert—
25(a) after paragraph (b) insert—
“(c) in the case of a licence under section 7B, provision
that an authorisation by the licence has effect from
a date specified in or determined under or in
accordance with the licence.”;
30(b) at the end of paragraph (a) omit “and”.
5 After section 9 insert—
“9A Conditions of Great British Railways’ licence
(1) A licence under section 7B may include a condition requiring Great
British Railways to comply with provisions—
35(a) in relation to the exercise by Great British Railways of its
functions under section 3(1)(d) and (e) of the Railways Act
2026, and
(b) which are contained in a document, as updated from time
1
to time, which is made by the Office of Rail and Road and
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Schedule 1—Licensing of Great British Railways

approved by the Secretary of State (an “approved
document”).
(2) An approved document may contain, in particular, provision about
5
Great British Railways’ activities, and the manner in which it carries
on those activities, relating to the sale of tickets by persons other
than Great British Railways for travel on railway passenger services.
(3) Where a licence under section 7B includes a condition requiring
Great British Railways to comply with provisions set out in an
10
approved document, the Office of Rail and Road must keep the
document under review and agree any updates to it with the
Secretary of State.
(4) The Office of Rail and Road must publish as soon as reasonably
practicable—
(a) an approved document, and
15(b) where an approved document is updated under subsection
(3), the approved document as updated.”
6 Before section 12 insert—
“11A Modification of Great British Railways’ licence by the Secretary
of State
20(1) The Secretary of State may, after consultation with the Office of Rail
and Road and any consultation required by subsection (2), modify
the conditions of a licence held by Great British Railways.
(2) This subsection requires consultation with the Passengers’ Council
if the proposed modifications relate to functions of the Council.
25(3) Before making modifications under this section, the Secretary of
State must give notice—
(a) stating that the Secretary of State proposes to make the
modifications and setting out their effect,
(b) stating the reasons for proposing to do so, and
30(c) specifying a period of not less than 28 days from the date
of publication of the notice during which representations or
objections with respect to the proposed modifications may
be made.
(4) A notice under subsection (3) is given—
35(a) by publishing the notice in such manner as the Secretary of
State considers appropriate for the purpose of bringing the
notice to the attention of persons likely to be affected by the
making of the modifications, and
(b) by serving a copy of the notice on Great British Railways.
40(5) The Secretary of State must consider any representations or
objections which are made before the end of the period specified
in the notice and not withdrawn.
63 Railways Bill
Schedule 1—Licensing of Great British Railways

(6) As soon as practicable after modifying the conditions of a licence
under this section, the Secretary of State must send a copy of the
modifications to the Office of Rail and Road and the Passengers’
Council.”
57 In section 12 (modification by agreement)—
(a) before subsection (2) insert—
“(1D) If the licence is a passenger licence or station licence and the
proposed modifications relate to functions of the Passengers’
10
Council, the Office of Rail and Road must consult the Council
before making the modifications.”, and
(b) after subsection (3) insert—
“(3A) As soon as practicable after modifying the conditions of a
licence under this section, the Office of Rail and Road must
send a copy of the modifications to the Passengers’ Council.”
158 In section 13(1)(a) (modification references to the CMA), after “licence”
insert “under section 8”.
9 A licence under section 8 of the Railways Act 1993 which is in force
immediately before paragraph 3 of this Schedule comes into force continues
20
in force for such period as may be specified in or determined by or under
the licence unless revoked or surrendered before the end of that period.
Section 12 SCHEDULE 2
FUNDING GREAT BRITISH RAILWAYS
PART 1
FUNDING BY THE SECRETARY OF STATE
25ORR to set timetable governing funding process
1 Before the start of a funding period, the ORR must give a notice to the
persons within sub-paragraph (3) specifying—
(1)
(a) the day on or before which the Secretary of State is required to
30
provide to the Welsh Ministers, the ORR and Great British Railways
a statement under paragraph 2 in relation to the funding period;
(b) the day on or before which the Secretary of State is required to
provide to the ORR and Great British Railways a statement under
paragraph 3 in relation to the funding period,
(c)
35
the day on or before which Great British Railways is required to
provide to the ORR an approved business plan under paragraph 4,
and
(d) the day on or before which the Secretary of State is required to
1
notify the ORR and Great British Railways of the amount of financial
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Schedule 2—Funding Great British Railways
Part 1—Funding by the Secretary of State

assistance to be provided to Great British Railways under paragraph
6 in relation to the funding period.
(2) The notice must also set out the day on which the funding period starts.
(3) The following persons are within this sub-paragraph—
5(a) the Secretary of State,
(b) the Scottish Ministers,
(c) the Welsh Ministers,
(d) Great British Railways, and
(e) the Passengers’ Council.
10(4) The ORR may at any time vary a notice under this paragraph to specify a
later day on or before which a requirement referred to in sub-paragraph
(1) is to be met (including where a day specified in relation to the
requirement has passed without the requirement being met).
(5)
15
The ORR must notify a person to whom a notice under this paragraph is
given of any such variation, as soon as reasonably practicable.
(6) A day specified for the purpose of paragraph (b) to (d) must fall after the
day specified for the purpose of the preceding paragraph of that
sub-paragraph.
(7)
20
The ORR must consult the Secretary of State, the Scottish Ministers, the
Welsh Ministers and Great British Railways as to the days to be specified
in the notice.
(8) Each day specified in a notice under this paragraph must fall before the
start of the funding period to which the notice relates.
(9) In this Schedule “funding period” means—
25(a) the period of five years beginning with such day as the Secretary
of State may determine;
(b) each subsequent period of five years.
Secretary of State’s statement of objectives
2
30
The Secretary of State must provide the Welsh Ministers, the ORR and
Great British Railways with a statement, in relation to a funding period,
which—
(1)
(a) sets out the Secretary of State’s objectives for the funding period in
relation to railways and railway services, and
(b)
35
specifies which of those objectives Great British Railways is capable
of contributing to meeting.
(2) The objectives set out under sub-paragraph (1)(a) may include objectives
as to standards to be achieved when carrying on activities in relation to
railways and railway services.
(3)
40
The objectives set out under sub-paragraph (1)(a) may include, in particular,
objectives relating to—
(a) the carriage of passengers or goods;
65 Railways Bill
Schedule 2—Funding Great British Railways
Part 1—Funding by the Secretary of State

(b) the railway network or railway assets (including objectives relating
to the provision of the railway network or railway assets after the
end of the funding period);
(c) fares;
5(d) the accessibility of railway services to people with disabilities;
(e) the protection of persons from dangers arising from the operation
of railways.
(4) The statement must be provided on or before the day specified by the ORR
under paragraph 1(1)(a) in relation to the statement.
10(5) The Secretary of State must publish the statement as soon as reasonably
practicable after providing it.
(6) The Secretary of State must consult the following persons when preparing
the statement—
(a) the Scottish Ministers,
15(b) the Welsh Ministers,
(c) the ORR,
(d) Great British Railways,
(e) the Passengers’ Council, and
(f) each mayoral strategic authority.
20Statement of funds available
3 The Secretary of State must provide the ORR and Great British Railways
with a statement, in relation to a funding period, indicating the amount of
(1)
financial assistance that the Secretary of State reasonably considers may be
25
made available to Great British Railways by the Secretary of State (whether
under this Act or under any other power) for the purpose of funding the
activities of Great British Railways during the funding period.
(2) The statement must be provided on or before the day specified by the ORR
under paragraph 1(1)(b) in relation to the statement.
(3)
30
The Secretary of State must publish the statement as soon as reasonably
practicable after providing it.
(4) When preparing a statement under this section, the Secretary of State must
have regard to the likely costs to Great British Railways of meeting, or
contributing to meeting, the objectives specified by the Secretary of State
under paragraph 2(1)(b) in relation to the funding period.
35(5) The Secretary of State must consult the ORR when preparing the statement.
Business plan and approval by the Secretary of State
4 Great British Railways must provide the ORR with an approved business
plan, in relation to a funding period, on or before the date specified by the
ORR under paragraph 1(1)(c) in relation to the period.
(1)
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Schedule 2—Funding Great British Railways
Part 1—Funding by the Secretary of State

(2) In this Schedule “approved business plan” means a business plan which
is approved by the Secretary of State.
(3) The plan must set out—
(a)
5
the activities Great British Railways proposes are carried on during
the funding period (whether by Great British Railways or another
GBR company),
(b) Great British Railways’ estimate of the costs of carrying on those
activities, and
(c) how Great British Railways proposes to meet those costs.
10(4) The plan must explain, in particular—
(a) how those activities will contribute to meeting the objectives
specified by the Secretary of State in a statement under paragraph
2(1)(b) in relation to the funding period;
(b)
15
whether, and if so how, those activities will contribute to meeting
any other objectives set out in the statement.
(5) The Secretary of State may not approve a business plan unless they have
obtained advice from the ORR as to—
(a) how the activities Great British Railways proposes to carry on during
20
the funding period will contribute to meeting the objectives
mentioned in sub-paragraph (4), and
(b) whether the estimated costs of carrying on those activities represent
good value for money.
(6) The ORR must publish a summary of the advice as soon as reasonably
25
practicable after the approved business plan is published under subsection
(7).
(7) Great British Railways—
(a) must publish so much of the approved business plan as it considers
appropriate to publish, and
(b) must do so as soon as reasonably practicable.
30(8) When preparing a business plan for the purposes of this paragraph, Great
British Railways—
(a) must have regard to the statement provided by the Secretary of
State under paragraph 3 in relation to the funding period, and
(b)
35
must consult the Secretary of State, the ORR and the Passengers’
Council.
Keeping the approved business plan up to date
5 Great British Railways must keep an approved business plan up to date. (1)
(2) Where Great British Railways proposes updating information in an approved
40
business plan which is required to be included in the plan under paragraph
4(3), the information is to not to be taken as updated unless—
(a) Great British Railways consults the ORR and the Passengers’ Council
about the proposed update, and
67 Railways Bill
Schedule 2—Funding Great British Railways
Part 1—Funding by the Secretary of State

(b) the Secretary of State approves the proposed update.
(3) Great British Railways—
(a) must publish so much of the approved business plan as updated
as it considers appropriate to publish, and
5(b) must do so as soon as reasonably practicable.
Secretary of State’s power to provide financial assistance
6 The Secretary of State may at any time provide financial assistance to Great
British Railways for the purpose of enabling it to carry on, or assisting it
with carrying on, activities set out in an approved business plan.
(1)
10(2) The financial assistance may be provided only for the purpose of activities—
(a) carried on in exercise of Great British Railways’ function under
section 3(1)(a), or
(b) specified by the Secretary of State in regulations.
(3)
15
Regulations under this paragraph may specify activities generally, activities
of a particular description or particular activities.
(4) Where the activities are to be carried on by a GBR company, the Secretary
of State may provide the assistance directly to them.
(5) The financial assistance may be provided in any form and in particular
may be provided—
20(a) by way of grant, loan, guarantee or indemnity,
(b) by the acquisition of any undertaking or of any assets,
(c) pursuant to a contract, or
(d) by incurring expenditure for the benefit of Great British Railways
or a GBR company.
25(6) The financial assistance may be provided on such terms, and subject to
such conditions, as the Secretary of State considers appropriate.
(7) The power to provide financial assistance under this paragraph does not
limit the circumstances in which the Secretary of State may provide financial
30
assistance to Great British Railways, or a GBR company, under any other
power.
Notification of financial assistance to be provided
7 The Secretary of State must notify the ORR and Great British Railways, on
or before the day specified by the ORR under paragraph 1(1)(d) in relation
to a funding period, of—
(1)
35(a) the financial assistance to be provided under paragraph 6 for the
purpose of enabling Great British Railways to carry on, or assisting
it with carrying on, activities set out in an approved business plan;
(b) the activities for which purpose the assistance is to be provided.
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Schedule 2—Funding Great British Railways
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(2) The Secretary of State must publish details of the financial assistance, and
the activities, notified under sub-paragraph (1) as soon as reasonably
practicable.
(3)
5
If the Secretary of State proposes to vary the financial assistance to be
provided under paragraph 6, the Secretary of State must notify Great British
Railways of the proposed variation.
(4) The Secretary of State must notify the ORR if—
(a) the proposed variation is to financial assistance to be provided for
10
the purpose of carrying on activities in exercise of Great British
Railways’ function under section 3(1)(a),
(b) the proposed variation is a proposal to postpone or withdraw the
provision of financial assistance or to reduce the amount of
assistance to be provided, and
(c)
15
the Secretary of State considers that the proposed postponement,
withdrawal or reduction is likely to have a material impact on the
ability of Great British Railways to carry on the activities specified
in a notification under sub-paragraph (1) in relation to the assistance.
(5) If the Secretary of State decides to vary the financial assistance to be
provided under paragraph 6, the Secretary of State must—
20(a) notify Great British Railways of the variation, and
(b) publish details of the variation if the Secretary of State considers
that the variation is likely to have a material impact on the ability
of Great British Railways to carry on the activities specified in a
notification under sub-paragraph (1) in relation to the assistance.
25PART 2
FUNDING BY THE SCOTTISH MINISTERS
ORR to set timetable: Scotland
8 Before the start of a funding period, the ORR must give a notice to the
persons within sub-paragraph (3) specifying—
(1)
30(a) the day on or before which the Scottish Ministers are required to
provide to the ORR and Great British Railways a statement under
paragraph 9 in relation to the funding period,
(b) the day on or before which the Scottish Ministers are required to
35
provide to the ORR and Great British Railways a statement under
paragraph 10 in relation to the funding period,
(c) the day on or before which Great British Railways is required to
provide to the ORR an approved Scottish business plan under
paragraph 11, and
(d)
40
the day on or before which the Scottish Ministers are required to
notify the ORR and Great British Railways of the amount of financial
assistance to be provided to Great British Railways under paragraph
13 in relation to the funding period.
69 Railways Bill
Schedule 2—Funding Great British Railways
Part 2—Funding by the Scottish Ministers

(2) The notice must also set out the day on which the funding period starts.
(3) The following persons are within this sub-paragraph—
(a) the Secretary of State,
(b) the Scottish Ministers,
5(c) Great British Railways, and
(d) the Passengers’ Council.
(4) The ORR may at any time vary a notice under this paragraph to specify a
later day on or before which a requirement referred to in sub-paragraph
10
(1) is to be met (including where a day specified in relation to the
requirement has passed without the requirement being met).
(5) The ORR must notify a person to whom a notice under this paragraph is
given of any such variation, as soon as reasonably practicable.
(6) A day specified for the purpose of paragraph (b) to (d) must fall after the
15
day or days specified for the purpose of the preceding paragraph of that
sub-paragraph.
(7) The ORR must consult the Secretary of State, the Scottish Ministers and
Great British Railways as to the days to be specified in the notice.
(8) Each day specified in a notice under this paragraph must fall before the
start of the funding period to which the notice relates.
20Scottish Ministers’ statement of objectives
9 The Scottish Ministers must provide the ORR and Great British Railways
with a statement, in relation to a funding period, which—
(1)
(a) sets out the Scottish Ministers’ objectives for the funding period in
relation to Scottish railway activities, and
25(b) specifies which of those objectives Great British Railways is capable
of contributing to meeting.
(2) The objectives set out under sub-paragraph (1)(a) may include objectives
as to standards to be achieved when carrying on Scottish railway activities.
(3)
30
The objectives set out under sub-paragraph (1)(a) may include, in particular,
objectives relating to—
(a) the carriage of passengers or goods;
(b) the railway network in Scotland or railway assets situated in
Scotland (including objectives relating to the provision of the railway
network or railway assets after the end of the funding period);
35(c) fares;
(d) the accessibility of railway services to people with disabilities;
(e) the protection of persons from dangers arising from the operation
of railways.
(4)
40
The statement must be provided on or before the day specified by the ORR
under paragraph 8(1)(a) in relation to the statement.
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(5) The Scottish Ministers must publish the statement as soon as reasonably
practicable after providing it.
(6) The Scottish Ministers must consult the following persons when preparing
the statement—
5(a) the Secretary of State,
(b) the ORR,
(c) Great British Railways, and
(d) the Passengers’ Council.
Statement of funds available: Scotland
1010 The Scottish Ministers must provide the ORR and Great British Railways
with a statement, in relation to a funding period, indicating the amount of
(1)
financial assistance that the Scottish Ministers reasonably consider may be
made available to Great British Railways by the Scottish Ministers (whether
15
under this Act or any other power to provide financial assistance) for the
purpose of funding the Scottish railway activities of Great British Railways
during the funding period.
(2) The statement must be provided on or before the day specified by the ORR
under paragraph 8(1)(b) in relation to the statement.
(3)
20
The Scottish Ministers must publish the statement as soon as reasonably
practicable after providing it.
(4) When preparing a statement under this section, the Scottish Ministers must
have regard to the likely costs to Great British Railways of meeting, or
contributing to meeting, the objectives specified by the Scottish Ministers
in a statement under paragraph 9(1)(b) in relation to the funding period.
25(5) The Scottish Ministers must consult the ORR when preparing the statement.
Scottish business plan and approval by the Scottish Ministers
11 Great British Railways must provide the ORR with an approved Scottish
business plan, in relation to a funding period, on or before the date specified
by the ORR under paragraph 8(1)(c) in relation to the period.
(1)
30(2) In this Schedule “approved Scottish business plan” means a business plan
which is approved by the Scottish Ministers.
(3) The plan must set out—
(a) the Scottish railway activities Great British Railways proposes are
35
carried on during the funding period (whether by Great British
Railways or another GBR company),
(b) Great British Railways’ estimate of the costs of carrying on those
activities, and
(c) how Great British Railways proposes to meet those costs.
(4) The plan must explain, in particular—
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(a) how those activities will contribute to meeting the objectives
specified by the Scottish Ministers in a statement under paragraph
9(1)(b) in relation to the funding period;
(b)
5
whether, and if so how, those activities will contribute to meeting
any other objectives set out in the statement.
(5) The Scottish Ministers may not approve a business plan unless they have
obtained advice from the ORR as to—
(a) how the activities Great British Railways proposes to carry on during
10
the funding period will contribute to meeting the objectives
mentioned in sub-paragraph (4), and
(b) whether the estimated costs of carrying on those activities represent
good value for money.
(6) The ORR must publish a summary of the advice as soon as reasonably
15
practicable after the approved Scottish business plan is published under
subsection (7).
(7) Great British Railways—
(a) must publish so much of the approved Scottish business plan as it
considers appropriate to publish, and
(b) must do so as soon as reasonably practicable.
20(8) When preparing a business plan for the purposes of this paragraph, Great
British Railways—
(a) must have regard to the statement provided by the Scottish Ministers
under paragraph 10 in relation to the funding period, and
(b)
25
must consult the Scottish Ministers, the ORR and the Passengers’
Council.
Keeping the approved Scottish business plan up to date
12 Great British Railways must keep an approved Scottish business plan up
to date.
(1)
(2)
30
Where Great British Railways proposes updating information in an approved
Scottish business plan which is required to be included in the plan under
paragraph 11(3), the information is to not to be taken as updated unless—
(a) Great British Railways consults the ORR and the Passengers’ Council
about the proposed update, and
(b) the Scottish Ministers approve the proposed update.
35(3) Great British Railways—
(a) must publish so much of the approved Scottish business plan as
updated as it considers appropriate to publish, and
(b) must do so as soon as reasonably practicable.
Scottish Ministers’ power to provide financial assistance
4013 The Scottish Ministers may at any time provide financial assistance to Great
1
British Railways for the purpose of enabling it to carry on, or assisting it
(1)
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with carrying on, Scottish railway activities set out in an approved Scottish
business plan.
(2) Where the activities are to be carried on by a person within sub-paragraph
(3), the Scottish Ministers may provide the assistance directly to them.
5(3) The following are within this sub-paragraph—
(a) a subsidiary of Great British Railways, or
(b) a company jointly owned by Great British Railways and the Scottish
Ministers.
(4)
10
The financial assistance may be provided in any form and in particular
may be provided—
(a) by way of grant, loan, guarantee or indemnity,
(b) by the acquisition of any undertaking or of any assets,
(c) pursuant to a contract, or
(d)
15
by incurring expenditure for the benefit of Great British Railways
or a person within sub-paragraph (3).
(5) The financial assistance may be provided on such terms, and subject to
such conditions, as the Secretary of State considers appropriate.
(6) The power to provide financial assistance under this paragraph does not
20
limit the circumstances in which the Scottish Ministers may provide financial
assistance to Great British Railways, or a person within sub-paragraph (3),
under any other power.
Notification of financial assistance to be provided
14 The Scottish Ministers must notify the ORR and Great British Railways, on
25
or before the day specified by the ORR under paragraph 8(1)(d) in relation
to a funding period, of—
(1)
(a) the financial assistance to be provided under paragraph 13 for the
purpose of enabling Great British Railways to carry on, or assisting
it with carrying on, Scottish railway activities set out in an approved
Scottish business plan;
30(b) the activities for which purpose the assistance is to be provided.
(2) The Scottish Ministers must publish details of the financial assistance, and
the activities, notified under sub-paragraph (1) as soon as reasonably
practicable.
(3)
35
If the Scottish Ministers propose to vary the financial assistance to be
provided under paragraph 13, they must notify Great British Railways of
the proposed variation.
(4) The Scottish Ministers must notify the ORR if—
(a) the proposed variation is a proposal to postpone or withdraw the
40
provision of financial assistance or reduce the amount of assistance
to be provided, and
(b) the Scottish Ministers consider that the proposed postponement,
1
withdrawal or reduction is likely to have a material impact on the
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ability of Great British Railways to carry on the activities specified
in a notification under sub-paragraph (1) in relation to the assistance.
(5) If the Scottish Ministers decide to vary the financial assistance to be
provided under paragraph 13, they must—
5(a) notify Great British Railways of the variation, and
(b) publish details of the variation if they consider that the variation is
likely to have a material impact on the ability of Great British
Railways to carry on the activities specified in a notification under
sub-paragraph (1) in relation to the assistance.
10PART 3
SUBSIDY CONTROL
Subsidy control
15 Financial assistance given to Great British Railways or a GBR company
15
(whether under this Act or any other power) is not a subsidy for the
purposes of the Subsidy Control Act 2022 if it is given for the primary
purpose of enabling Great British Railways to exercise a function under
section 3(1)(a).
PART 4
INTERPRETATION
20Interpretation
16 In this Schedule—
“approved business plan” has the meaning given by paragraph 4(2);
“approved Scottish business plan” has the meaning given by paragraph
11(2);
25“funding period” has the meaning given by paragraph 1(9);
“railway activities” means activities involving any of the following—
(a) providing railway services;
(b) making available railway facilities;
(c) making use of such facilities;
30(d) using railway assets;
(e) allowing others to use such assets.
“Scottish railway activities” means railway activities which relate to—
(a) passenger railway services designated by the Scottish
Ministers under section 26,
35(b) Scotland-only services not so designated,
(c) railway facilities situated in Scotland, or
(d) railway assets so situated.
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Part 3—Subsidy Control