Railways Act 2005
At a glance
Enforced by
What's here
17 compliance obligations · 3 statutory instruments
Penalty landscape
2 of 17 obligations carry an unlimited fine. 1 carries different penalties and 14 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 4
- Operator 3
- Licence Holder 1
Plus 9 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
Operators also bound by 730 other Acts (top 5 shown)
- Regulation (EU) No 965/2012 (Air Operations) 2012 138 duties
- Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 2018 121 duties
- Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 2012 112 duties
- Space Industry Regulations 2021 2021 75 duties
- Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 2016 66 duties
Licence Holders also bound by 221 other Acts (top 5 shown)
- Petroleum (Current Model Clauses) Order 1999 1999 317 duties
- The Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 2004 123 duties
- Human Medicines Regulations 2012 2012 76 duties
- Space Industry Regulations 2021 2021 68 duties
- The Petroleum (Production) (Landward Areas) Regulations 1991 1991 65 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — Transfer of functions and railway strategy
Browse 5 other sections in this Part — procedural / definitional / commencement
Part 2 — Public sector funding authorities for railways
Transfer schemes at end of franchising agreements
Other duties (1) — Crown / regulator
- Appropriate national authority must consult before making asset transfer scheme Crown / Minister / Government department
Browse 12 other sections in this Part — procedural / definitional / commencement
Financial assistance etc. from the Secretary of State
Notification of assistance from Secretary of State for freight services
Franchising and financial assistance in relation to Scotland
Notification of assistance from Scottish Ministers for freight services
Franchising and financial assistance in relation to Wales
Notification of assistance from Welsh Ministers for freight services
Railway functions of Passenger Transport Executives
Repeals and savings relating to Passenger Transport Executives
Duty of Secretary of State and Transport for London to co-operate
Relaxation of contractual restrictions on Transport for London
Membership of Transport for London
Qualification of duty in respect of services funded by others
Part 3 — Passengers’ Council and Rail Passengers' Committees
Browse 4 other sections in this Part — procedural / definitional / commencement
The Passengers’ Council
Power to confer non-rail functions on the Passengers’ Council
Delegation of functions by Council
Rail Passengers' Committees
Part 4 — Network modifications
Proposal by operator to close station
- Notify national authority before closing a station and carry out assessment Operator
Browse 23 other sections in this Part — procedural / definitional / commencement
Proposal by service operator to discontinue non-franchised services
Proposal by funding authority to discontinue non-franchised services
Proposals to discontinue franchised or secured services
Proposal to discontinue excluded services
Proposal by operator to close passenger network
Proposal by funding authority to close passenger network
Proposal to discontinue operation of secured network
Proposal by funding authority to close station
Proposal to discontinue operation of secured station
References to the ORR
Closure requirements
Minor modifications
Closures eligible to be treated as minor modifications
Designation of experimental passenger services
Discontinuance of experimental passenger services
Services, networks and stations excluded by order
Quality contracts schemes in connection with service modifications
Substitute road services
Proposals by funding authorities
Closures guidance
Procedure relating to publication and modification of closures guidance
Exclusion of liability for breach of statutory duty
Interpretation of Part 4
Part 5 — Further miscellaneous provisions
Browse 8 other sections in this Part — procedural / definitional / commencement
Bye-laws
Power of Scottish Ministers to make penalty fare regulations
Code of practice for disabled rail users in Scotland
Code of practice for disabled rail users in Wales
Functions of Scottish Ministers in relation to railway administration
Assistance by Scottish Ministers for companies in railway administration
ORR to assist and advise national authorities
Duty of Passenger Transport Executives to advise Secretary of State
Part 6 — General and supplemental
Browse 8 other sections in this Part — procedural / definitional / commencement
Taxation
Further amendments of the 1993 Act
Expenses etc.
Powers exercisable by statutory instrument
Meaning of “Wales-only service” and “Welsh service”
General interpretation
Consequential amendments, transitional provisions and repeals
Short title, commencement and extent
Schedules
Section 71A of the 1993 Act (duty to investigate contraventions...
Other duties (1) — Crown / regulator
- ORR will no longer investigate consumer protection breaches under this section Statutory regulator
(1) A person who proposes to make a scheme (“the...
Unlimited fine- Intentionally alter, suppress or destroy documents required by scheme authority Any Person
(1) It shall be the duty of the Office of...
Other duties (1) — Crown / regulator
- ORR and HSC must cooperate and share information on railway safety Statutory regulator
(1) The Office of Rail and Road may serve a...
Unlimited fine- Fail to comply with ORR information notice or misuse information Any Person
(1) It shall be the general duty of the Office...
Other duties (1) — Crown / regulator
- ORR must promote railway safety through research, training, and regulatory proposals Statutory regulator
For paragraph 1 (meaning of access charges review) substitute— Application...
Other duties (1) — Crown / regulator
- ORR must review linked licence conditions alongside access charges Statutory regulator
(1) The Secretary of State— (a) must prepare, and
Other duties (1) — Crown / regulator
- Secretary of State must prepare and revise the PC's financial framework Crown / Minister / Government department
Before section 253 of that Act insert— Committee to keep...
Other duties (1) — Crown / regulator
- London Rail Passengers' Committee must review services and consult stakeholders Local authority
In that Act, after the section 252A inserted by paragraph...
Other duties (1) — Crown / regulator
- London Transport Users Committee must investigate passenger rail service matters and escalate unresolved issues Statutory regulator
(1) The service operator— (a) must give notice in the...
- Give notice and delay closure of railway services or stations Operator
Bye-laws may provide that a person contravening them is guilty...
Fine up to £1,000- Breach railway bye-laws Any Person
(1) A railway operator who proposes to make bye-laws must...
- Publish public notice of proposed bye-laws and consider representations Operator
(1) Stamp duty is not to be chargeable—
- Stamp instruments correctly to claim stamp duty exemption for railway schemes Any Person
In section 80(1) (duty of licence holders to provide information...
- Provide information to the Secretary of State or Scottish Ministers when requested Licence Holder
In paragraph (b) of section 30(3) (duty of Authority in...
Other duties (1) — Crown / regulator
- Authority must follow new procedure for discontinuation proposals Statutory regulator
Browse 175 other Schedules — structural / supplementary
(1) In section 7 of the 1993 Act—
(1) This paragraph applies to things done under or for...
(1) In sections 16A, 16C(3), 16D, 16E(2)(a), 16F(3)(a) and 16G...
(1) In sections 17 to 19 of the 1993 Act...
(1) In section 23 of the 1993 Act (passenger services...
(1) Section 24 of the 1993 Act (franchise exemptions granted...
(1) Section 26 of the 1993 Act (invitation to tender...
For sections 26A, 26B and 26C of the 1993 Act...
(1) In section 27 of the 1993 Act (transfer of...
(1) In section 28 of the 1993 Act (fares and...
In section 29 of the 1993 Act (other terms and...
Section 7A of the 1993 Act (consumer protection conditions) shall...
(1) In section 30 of the 1993 Act (operator of...
(1) Section 55 of the 1993 Act (orders for securing...
In section 56(2A) of the 1993 Act (procedural requirements for...
(1) Section 57A of the 1993 Act (penalties) is amended...
(1) In section 57B of the 1993 Act—
In section 57C(3) of the 1993 Act (service of penalty...
(1) This paragraph applies to things done under or for...
(1) The following provisions of the 1993 Act (which relate...
(1) In section 71B of the 1993 Act (code of...
(1) In section 8 of the 1993 Act (licences), in...
(1) In section 73 of the 1993 Act (register maintained...
After that section insert— Keeping of register by the Scottish...
(1) In section 76 of the 1993 Act (general duties...
(1) In section 80 of the 1993 Act (duty to...
In section 130 of the 1993 Act—
(1) Section 135 of the 1993 Act (concessionary travel) is...
The following provisions of the 2000 Act shall cease to...
(1) Section 83(1) of the 1993 Act (expressions defined for...
In section 11 of the 1993 Act (assignment of licences)—...
(1) In section 12 of the 1993 Act, subsections (1A)...
In section 13 of the 1993 Act (modification references to...
In section 13A of the 1993 Act (time limits under...
In section 14 of the 1993 Act (reports on modification...
In section 15 of the 1993 Act (modification following report)—...
(1) A scheme may set out the property, rights and...
(1) Where— (a) an entitlement of a third party to...
(1) In this Schedule— “enactment” includes an enactment comprised in...
(1) The property, rights and liabilities that may be transferred...
(1) A scheme may contain provision— (a) for the creation,...
(1) A scheme may contain provision for imposing on a...
(1) Where a scheme provides for the transfer of property,...
(1) A scheme may make provision for some or all...
(1) A scheme may— (a) make such incidental, supplemental, consequential...
(1) Where the transferor and transferee under a scheme that...
(1) Where in accordance with a scheme a person employed...
(1) Subject to sub-paragraph (4), in this Schedule “railway safety...
(1) Section 43A of the 1974 Act (railway safety levy)...
In section 50 of the 1974 Act (consultation with HSC),...
The effect of the preceding provisions of this Schedule is...
(1) In this Schedule— “the 1974 Act” means the Health...
(1) In section 11 of the 1974 Act (which confers...
(1) The Office of Rail and Road may authorise a...
(1) This paragraph applies where, before the commencement of paragraph...
(1) This paragraph applies where, before the commencement of paragraph...
(1) Where the Secretary of State considers that any of...
(1) Where the Office of Rail and Road considers that...
(1) In subsection (1) of section 16 of the 1974...
Schedule 4A to the 1993 Act (review of access charges...
(1) In sub-paragraph (3) of paragraph 15 (information to be...
(1) Subject to sub-paragraph (2), this Schedule does not apply...
Paragraph 3 (which provides for consideration of when the next...
(1) In paragraph 4 (review notice), after sub-paragraph (2) insert—...
In paragraph 6(3) (service of termination notice), before paragraph (a)...
In paragraph 8 (new review notices and references to Competition...
(1) In paragraph 9 (reference to Competition Commission), after sub-paragraph...
(1) In paragraph 12 (changes following report), after sub-paragraph (4)...
For the last sub-paragraph of paragraph 14 (notice of relevant...
In this Schedule— “accounting records” includes all books, papers and...
(1) As soon as practicable after the end of each...
The PC must give the Secretary of State information, advice...
(1) The PC is not to be treated—
(1) The PC may do anything that appears to it...
(1) Subject to this paragraph and paragraph 16, the PC...
(1) Meetings of the PC must be open to the...
The PC must give such notice— (a) of any meeting...
(1) If the Secretary of State so directs, the PC...
(1) The application of the seal of the PC shall...
(1) The PC must pay to every member, other than...
The PC may employ such persons, on such terms and...
(1) The PC may— (a) pay such pensions, allowances or...
(1) The persons to whom section 1 of the Superannuation...
(1) The Secretary of State may make grants to the...
(1) The Secretary of State may give a direction to...
(1) The PC must— (a) keep proper accounts and proper...
(1) The statement of accounts and other accounts of the...
In section 247(3)(b) of the Greater London Authority Act 1999...
(1) In that Act, after the section 252D inserted by...
In section 76 of the 1993 Act (duties of Rail...
A consultation under this Schedule about a proposal—
(1) The person carrying out the consultation must publish a...
(1) The person carrying out the consultation must—
In this Schedule “the initial assessment” means the assessment relating...
In this Schedule “the area affected”, in relation to a...
(1) A newspaper is to be regarded as a national...
(1) This Schedule applies, where a proposal for the discontinuance...
(1) Where a notice has been published under paragraph 2...
(1) This paragraph applies where any objection is made under...
(1) After— (a) receiving— (i) the report from the London...
(1) In this Schedule— “appropriate national authority”, in relation to...
Bye-laws do not come into force until they have been...
(1) The appropriate national authority may— (a) confirm (with or...
If the appropriate national authority has confirmed bye-laws—
(1) The production of a printed copy of bye-laws which...
(1) The power to make bye-laws includes the power to...
In this Part of this Schedule, “relevant transfer” means a...
(1) This paragraph applies where a person (“the predecessor”) is...
(1) This paragraph applies to a relevant transfer of all...
(1) This paragraph applies where a person (“the predecessor”) is...
(1) Where a person (“the predecessor”) is carrying on a...
(1) This paragraph applies where— (a) there is a relevant...
(1) This paragraph applies for the purposes of Part 3...
For the purposes of the 1992 Act, a relevant transfer...
(1) For the purposes of Part 8 of the Corporation...
(1) For the purposes of the application of Part 5...
(1) For the purposes of the application of Part 7...
(1) This paragraph applies to a relevant transfer of plant...
(1) This paragraph applies for the purposes of section 781...
In this Part of this Schedule, “relevant transfer” means a...
(1) This paragraph applies to a relevant transfer of plant...
(1) This paragraph applies to a relevant transfer if—
(1) This paragraph applies for the purposes of Part 3...
(1) Section 17 of the 1992 Act (disposals and acquisitions...
(1) This paragraph applies if a company (“the degrouped company”)—...
(1) This paragraph applies to a relevant transfer of a...
(1) Section 444 of the Corporation Tax Act 2009 is...
(1) This paragraph applies to a relevant transfer if—
(1) No transfer in accordance with a scheme made under...
No scheme made under section 1(2) or 12 is to...
Neither the power of the Secretary of State to make...
In section 35(3)(d) of the 1992 Act (no gain no...
(1) In this Schedule— “the 1992 Act” means the Taxation...
(1) This paragraph applies for the purposes of Part 3...
For the purposes of the 1992 Act, a relevant transfer...
(1) For the purposes of Schedule 29 to the Finance...
No credit or debit shall be required or allowed, in...
(1) This paragraph applies for the purposes of section 781...
In this Part of this Schedule, “relevant transfer” means a...
The 1993 Act is amended as follows.
(1) In section 72(2) (matters to be entered in register)—...
(1) In section 73(2) (matters to be entered in the...
In section 83(1) (interpretation of Part 1)—
(1) In subsection (1) of section 136 (competent authorities in...
In section 143 (powers to make statutory instruments)—
(1) In subsection (2) of section 145 (purposes for which...
In section 9(3)(f) (conditions requiring the provision of information), after...
In— (a) section 17(4) (access agreements: directions requiring facility owners...
In section 50(1) (exclusion of liability for breach of statutory...
(1) In section 54 (purposes for which franchising functions may...
(1) In subsection (9) of section 55 (interpretation of provision...
In section 57F(1) (validity and effect of penalties), for “penalty...
(1) In section 63 (financial assistance for companies in railway...
(1) The Transport Act 1962 is amended as follows.
In Schedule 15 to the Water Industry Act 1991 (disclosure...
In Schedule 24 to the Water Resources Act 1991 (disclosure...
(1) Section 37 of the Deregulation and Contracting Out Act...
(1) The Railway Heritage Act 1996 is amended as follows....
(1) The Greater London Authority Act 1999 is amended as...
In paragraph 3 of Schedule 7 to the Postal Services...
In section 105 of the Utilities Act 2000 (general restrictions...
(1) The 2000 Act is amended as follows.
(1) The Enterprise Act 2002 is amended as follows.
(1) The Transport Act 1968 is amended as follows.
In section 14(1) of the Chronically Sick and Disabled Persons...
In section 18 of the Fire Precautions Act 1971, for...
In Schedule 1 to the Superannuation Act 1972 (types of...
(1) Section 1 of the Level Crossings Act 1983 is...
In section 101 of the Telecommunications Act 1984 (general restrictions...
In section 6(1) of the Transport Act 1985 (local bus...
In section 74 of the Airports Act 1986 (restriction on...
The repeal of the entry relating to the Strategic Rail...
The repeal of section 219 of the 2000 Act has...
The repeal of Part 3 of Schedule 17 to that...
The repeal of Schedule 19 to that Act does not...
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Closures | Office of Rail and Road (opens in a new tab) from ORR Detailed Guidance
- Terms of Reference | Office of Rail and Road (opens in a new tab) from ORR Detailed Guidance
- EARR | Office of Rail and Road (opens in a new tab) from ORR Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Office of Rail and Road
Independent safety and economic regulator for Britain's railways. Regulates health and safety for the mainline rail network, London Underground, light rail, trams, …
Connected legislation
3 statutory instruments
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Secondary legislation (3)
- The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020 2020
- The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2021 2021
- The Railways (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations 2019 2019
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Regulators
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