UK Act of Parliament 2005 United Kingdom

Railways Act 2005

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
ORR
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 2 of 19 obligations carry an unlimited fine. 1 carries different penalties and 16 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person4 Operator3 Licence Holder1

Plus 11 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Operator — also bound by 746 other Acts
Licence Holder — also bound by 225 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Transfer of functions and railway strategy

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.001 Transfer etc. of SRA functions and abolition (opens in a new tab)
s.002 Transfer of safety functions to ORR (opens in a new tab)
s.003 General duties under s. 4 of the 1993 Act (opens in a new tab)
s.004 Use of access charges reviews for application of strategy (opens in a new tab)
s.005 Railway strategy for Scotland (opens in a new tab)
Part 2

Public sector funding authorities for railways

1 of 13 sections shown
s.012 Transfer schemes at end of franchising agreements (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Appropriate national authority must consult before making asset transfer schemeCrown / Minister / Government department
12 other sections in this Part — procedural and definitional
s.006 Financial assistance etc. from the Secretary of State (opens in a new tab)
s.007 Notification of assistance from Secretary of State for freight services (opens in a new tab)
s.008 Franchising and financial assistance in relation to Scotland (opens in a new tab)
s.009 Notification of assistance from Scottish Ministers for freight services (opens in a new tab)
s.010 Franchising and financial assistance in relation to Wales (opens in a new tab)
s.011 Notification of assistance from Welsh Ministers for freight services (opens in a new tab)
s.013 Railway functions of Passenger Transport Executives (opens in a new tab)
s.014 Repeals and savings relating to Passenger Transport Executives (opens in a new tab)
s.015 Duty of Secretary of State and Transport for London to co-operate (opens in a new tab)
s.016 Relaxation of contractual restrictions on Transport for London (opens in a new tab)
s.017 Membership of Transport for London (opens in a new tab)
s.018 Qualification of duty in respect of services funded by others (opens in a new tab)
Part 3

Passengers’ Council and Rail Passengers' Committees

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.019 The Passengers’ Council (opens in a new tab)
s.019 Power to confer non-rail functions on the Passengers’ Council
s.020 Delegation of functions by Council (opens in a new tab)
s.021 Rail Passengers' Committees (opens in a new tab)
Part 4

Network modifications

1 of 24 sections shown
s.029 Proposal by operator to close station (opens in a new tab) Regulated
  • Notify national authority before closing a station and carry out assessmentOperator
23 other sections in this Part — procedural and definitional
s.022 Proposal by service operator to discontinue non-franchised services (opens in a new tab)
s.023 Proposal by funding authority to discontinue non-franchised services (opens in a new tab)
s.024 Proposals to discontinue franchised or secured services (opens in a new tab)
s.025 Proposal to discontinue excluded services (opens in a new tab)
s.026 Proposal by operator to close passenger network (opens in a new tab)
s.027 Proposal by funding authority to close passenger network (opens in a new tab)
s.028 Proposal to discontinue operation of secured network (opens in a new tab)
s.030 Proposal by funding authority to close station (opens in a new tab)
s.031 Proposal to discontinue operation of secured station (opens in a new tab)
s.032 References to the ORR (opens in a new tab)
s.033 Closure requirements (opens in a new tab)
s.034 Minor modifications (opens in a new tab)
s.035 Closures eligible to be treated as minor modifications (opens in a new tab)
s.036 Designation of experimental passenger services (opens in a new tab)
s.037 Discontinuance of experimental passenger services (opens in a new tab)
s.038 Services, networks and stations excluded by order (opens in a new tab)
s.039 Quality contracts schemes in connection with service modifications (opens in a new tab)
s.040 Substitute road services (opens in a new tab)
s.041 Proposals by funding authorities (opens in a new tab)
s.042 Closures guidance (opens in a new tab)
s.043 Procedure relating to publication and modification of closures guidance (opens in a new tab)
s.044 Exclusion of liability for breach of statutory duty (opens in a new tab)
s.045 Interpretation of Part 4 (opens in a new tab)
Part 5

Further miscellaneous provisions

0 of 8 sections shown
8 other sections in this Part — procedural and definitional
s.046 Bye-laws (opens in a new tab)
s.047 Power of Scottish Ministers to make penalty fare regulations (opens in a new tab)
s.048 Code of practice for disabled rail users in Scotland (opens in a new tab)
s.048 Code of practice for disabled rail users in Wales
s.049 Functions of Scottish Ministers in relation to railway administration (opens in a new tab)
s.050 Assistance by Scottish Ministers for companies in railway administration (opens in a new tab)
s.051 ORR to assist and advise national authorities (opens in a new tab)
s.052 Duty of Passenger Transport Executives to advise Secretary of State (opens in a new tab)
Part 6

General and supplemental

0 of 8 sections shown
8 other sections in this Part — procedural and definitional
s.053 Taxation (opens in a new tab)
s.054 Further amendments of the 1993 Act (opens in a new tab)
s.055 Expenses etc. (opens in a new tab)
s.056 Powers exercisable by statutory instrument (opens in a new tab)
s.057 Meaning of “Wales-only service” and “Welsh service” (opens in a new tab)
s.058 General interpretation (opens in a new tab)
s.059 Consequential amendments, transitional provisions and repeals (opens in a new tab)
s.060 Short title, commencement and extent (opens in a new tab)
Schedules

Schedules

17 of 190 shown
s.sch001 Section 71A of the 1993 Act (duty to investigate contraventions... Regulated
Other duties (1) — Crown / regulator
  • ORR will no longer investigate consumer protection breaches under this sectionStatutory regulator
s.sch002 (1) A person who proposes to make a scheme (“the... Prosecution
  • Intentionally alter, suppress or destroy documents required by scheme authorityAny Person

Unlimited fine

s.sch003 (1) It shall be the duty of the Office of... Regulated
Other duties (1) — Crown / regulator
  • ORR and HSC must cooperate and share information on railway safetyStatutory regulator
s.sch003 (1) The Office of Rail and Road may serve a... Prosecution
  • Fail to comply with ORR information notice or misuse informationAny Person

Unlimited fine

s.sch003 (1) It shall be the general duty of the Office... Regulated
Other duties (1) — Crown / regulator
  • ORR must promote railway safety through research, training, and regulatory proposalsStatutory regulator
s.sch004 For paragraph 1 (meaning of access charges review) substitute— Application... Regulated
Other duties (1) — Crown / regulator
  • ORR must review linked licence conditions alongside access chargesStatutory regulator
s.sch005 (1) The Secretary of State— (a) must prepare, and Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must prepare and revise the PC's financial frameworkCrown / Minister / Government department
s.sch005 The PC must give the Secretary of State information, advice... Regulated
Other duties (1) — Crown / regulator
  • Passenger Committee must provide information, advice and assistance to the Secretary of StateCrown / Minister / Government department
s.sch005 The PC must give such notice— (a) of any meeting... Regulated
Other duties (1) — Crown / regulator
  • PC must give public notice of open meetings and agendaStatutory regulator
s.sch006 Before section 253 of that Act insert— Committee to keep... Regulated
Other duties (1) — Crown / regulator
  • London Rail Passengers' Committee must review services and consult stakeholdersLocal authority
s.sch006 In that Act, after the section 252A inserted by paragraph... Regulated
Other duties (1) — Crown / regulator
  • London Transport Users Committee must investigate passenger rail service matters and escalate unresolved issuesStatutory regulator
s.sch008 (1) The service operator— (a) must give notice in the... Regulated
  • Give notice and delay closure of railway services or stationsOperator
s.sch009 Bye-laws may provide that a person contravening them is guilty... Prosecution
  • Breach railway bye-lawsAny Person

Fine up to £1,000

s.sch009 (1) A railway operator who proposes to make bye-laws must... Regulated
  • Publish public notice of proposed bye-laws and consider representationsOperator
s.sch010 (1) Stamp duty is not to be chargeable— Regulated
  • Stamp instruments correctly to claim stamp duty exemption for railway schemesAny Person
s.sch011 In section 80(1) (duty of licence holders to provide information... Regulated
  • Provide information to the Secretary of State or Scottish Ministers when requestedLicence Holder
s.sch011 In paragraph (b) of section 30(3) (duty of Authority in... Regulated
Other duties (1) — Crown / regulator
  • Authority must follow new procedure for discontinuation proposalsStatutory regulator
173 other schedules
s.sch001 (1) In section 7 of the 1993 Act—
s.sch001 (1) This paragraph applies to things done under or for...
s.sch001 (1) In sections 16A, 16C(3), 16D, 16E(2)(a), 16F(3)(a) and 16G...
s.sch001 (1) In sections 17 to 19 of the 1993 Act...
s.sch001 (1) In section 23 of the 1993 Act (passenger services...
s.sch001 (1) Section 24 of the 1993 Act (franchise exemptions granted...
s.sch001 (1) Section 26 of the 1993 Act (invitation to tender...
s.sch001 For sections 26A, 26B and 26C of the 1993 Act...
s.sch001 (1) In section 27 of the 1993 Act (transfer of...
s.sch001 (1) In section 28 of the 1993 Act (fares and...
s.sch001 In section 29 of the 1993 Act (other terms and...
s.sch001 Section 7A of the 1993 Act (consumer protection conditions) shall...
s.sch001 (1) In section 30 of the 1993 Act (operator of...
s.sch001 (1) Section 55 of the 1993 Act (orders for securing...
s.sch001 In section 56(2A) of the 1993 Act (procedural requirements for...
s.sch001 (1) Section 57A of the 1993 Act (penalties) is amended...
s.sch001 (1) In section 57B of the 1993 Act—
s.sch001 In section 57C(3) of the 1993 Act (service of penalty...
s.sch001 (1) This paragraph applies to things done under or for...
s.sch001 (1) The following provisions of the 1993 Act (which relate...
s.sch001 (1) In section 71B of the 1993 Act (code of...
s.sch001 (1) In section 8 of the 1993 Act (licences), in...
s.sch001 (1) In section 73 of the 1993 Act (register maintained...
s.sch001 After that section insert— Keeping of register by the Scottish...
s.sch001 (1) In section 76 of the 1993 Act (general duties...
s.sch001 (1) In section 80 of the 1993 Act (duty to...
s.sch001 In section 130 of the 1993 Act—
s.sch001 (1) Section 135 of the 1993 Act (concessionary travel) is...
s.sch001 The following provisions of the 2000 Act shall cease to...
s.sch001 (1) Section 83(1) of the 1993 Act (expressions defined for...
s.sch001 In section 11 of the 1993 Act (assignment of licences)—...
s.sch001 (1) In section 12 of the 1993 Act, subsections (1A)...
s.sch001 In section 13 of the 1993 Act (modification references to...
s.sch001 In section 13A of the 1993 Act (time limits under...
s.sch001 In section 14 of the 1993 Act (reports on modification...
s.sch001 In section 15 of the 1993 Act (modification following report)—...
s.sch002 (1) A scheme may set out the property, rights and...
s.sch002 (1) Where— (a) an entitlement of a third party to...
s.sch002 (1) In this Schedule— “enactment” includes an enactment comprised in...
s.sch002 (1) The property, rights and liabilities that may be transferred...
s.sch002 (1) A scheme may contain provision— (a) for the creation,...
s.sch002 (1) A scheme may contain provision for imposing on a...
s.sch002 (1) Where a scheme provides for the transfer of property,...
s.sch002 (1) A scheme may make provision for some or all...
s.sch002 (1) A scheme may— (a) make such incidental, supplemental, consequential...
s.sch002 (1) Where the transferor and transferee under a scheme that...
s.sch002 (1) Where in accordance with a scheme a person employed...
s.sch003 (1) Subject to sub-paragraph (4), in this Schedule “railway safety...
s.sch003 (1) Section 43A of the 1974 Act (railway safety levy)...
s.sch003 In section 50 of the 1974 Act (consultation with HSC),...
s.sch003 The effect of the preceding provisions of this Schedule is...
s.sch003 (1) In this Schedule— “the 1974 Act” means the Health...
s.sch003 (1) In section 11 of the 1974 Act (which confers...
s.sch003 (1) The Office of Rail and Road may authorise a...
s.sch003 (1) This paragraph applies where, before the commencement of paragraph...
s.sch003 (1) This paragraph applies where, before the commencement of paragraph...
s.sch003 (1) Where the Secretary of State considers that any of...
s.sch003 (1) Where the Office of Rail and Road considers that...
s.sch003 (1) In subsection (1) of section 16 of the 1974...
s.sch004 Schedule 4A to the 1993 Act (review of access charges...
s.sch004 (1) In sub-paragraph (3) of paragraph 15 (information to be...
s.sch004 (1) Subject to sub-paragraph (2), this Schedule does not apply...
s.sch004 Paragraph 3 (which provides for consideration of when the next...
s.sch004 (1) In paragraph 4 (review notice), after sub-paragraph (2) insert—...
s.sch004 In paragraph 6(3) (service of termination notice), before paragraph (a)...
s.sch004 In paragraph 8 (new review notices and references to Competition...
s.sch004 (1) In paragraph 9 (reference to Competition Commission), after sub-paragraph...
s.sch004 (1) In paragraph 12 (changes following report), after sub-paragraph (4)...
s.sch004 For the last sub-paragraph of paragraph 14 (notice of relevant...
s.sch005 In this Schedule— “accounting records” includes all books, papers and...
s.sch005 (1) As soon as practicable after the end of each...
s.sch005 (1) The PC is not to be treated—
s.sch005 (1) The PC may do anything that appears to it...
s.sch005 (1) Subject to this paragraph and paragraph 16, the PC...
s.sch005 (1) Meetings of the PC must be open to the...
s.sch005 (1) If the Secretary of State so directs, the PC...
s.sch005 (1) The application of the seal of the PC shall...
s.sch005 (1) The PC must pay to every member, other than...
s.sch005 The PC may employ such persons, on such terms and...
s.sch005 (1) The PC may— (a) pay such pensions, allowances or...
s.sch005 (1) The persons to whom section 1 of the Superannuation...
s.sch005 (1) The Secretary of State may make grants to the...
s.sch005 (1) The Secretary of State may give a direction to...
s.sch005 (1) The PC must— (a) keep proper accounts and proper...
s.sch005 (1) The statement of accounts and other accounts of the...
s.sch006 In section 247(3)(b) of the Greater London Authority Act 1999...
s.sch006 (1) In that Act, after the section 252D inserted by...
s.sch006 In section 76 of the 1993 Act (duties of Rail...
s.sch007 A consultation under this Schedule about a proposal—
s.sch007 (1) The person carrying out the consultation must publish a...
s.sch007 (1) The person carrying out the consultation must—
s.sch007 In this Schedule “the initial assessment” means the assessment relating...
s.sch007 In this Schedule “the area affected”, in relation to a...
s.sch007 (1) A newspaper is to be regarded as a national...
s.sch008 (1) This Schedule applies, where a proposal for the discontinuance...
s.sch008 (1) Where a notice has been published under paragraph 2...
s.sch008 (1) This paragraph applies where any objection is made under...
s.sch008 (1) After— (a) receiving— (i) the report from the London...
s.sch009 (1) In this Schedule— “appropriate national authority”, in relation to...
s.sch009 Bye-laws do not come into force until they have been...
s.sch009 (1) The appropriate national authority may— (a) confirm (with or...
s.sch009 If the appropriate national authority has confirmed bye-laws—
s.sch009 (1) The production of a printed copy of bye-laws which...
s.sch009 (1) The power to make bye-laws includes the power to...
s.sch010 In this Part of this Schedule, “relevant transfer” means a...
s.sch010 (1) This paragraph applies where a person (“the predecessor”) is...
s.sch010 (1) This paragraph applies to a relevant transfer of all...
s.sch010 (1) This paragraph applies where a person (“the predecessor”) is...
s.sch010 (1) Where a person (“the predecessor”) is carrying on a...
s.sch010 (1) This paragraph applies where— (a) there is a relevant...
s.sch010 (1) This paragraph applies for the purposes of Part 3...
s.sch010 For the purposes of the 1992 Act, a relevant transfer...
s.sch010 (1) For the purposes of Part 8 of the Corporation...
s.sch010 (1) For the purposes of the application of Part 5...
s.sch010 (1) For the purposes of the application of Part 7...
s.sch010 (1) This paragraph applies to a relevant transfer of plant...
s.sch010 (1) This paragraph applies for the purposes of section 781...
s.sch010 In this Part of this Schedule, “relevant transfer” means a...
s.sch010 (1) This paragraph applies to a relevant transfer of plant...
s.sch010 (1) This paragraph applies to a relevant transfer if—
s.sch010 (1) This paragraph applies for the purposes of Part 3...
s.sch010 (1) Section 17 of the 1992 Act (disposals and acquisitions...
s.sch010 (1) This paragraph applies if a company (“the degrouped company”)—...
s.sch010 (1) This paragraph applies to a relevant transfer of a...
s.sch010 (1) Section 444 of the Corporation Tax Act 2009 is...
s.sch010 (1) This paragraph applies to a relevant transfer if—
s.sch010 (1) No transfer in accordance with a scheme made under...
s.sch010 No scheme made under section 1(2) or 12 is to...
s.sch010 Neither the power of the Secretary of State to make...
s.sch010 In section 35(3)(d) of the 1992 Act (no gain no...
s.sch010 (1) In this Schedule— “the 1992 Act” means the Taxation...
s.sch010 (1) This paragraph applies for the purposes of Part 3...
s.sch010 For the purposes of the 1992 Act, a relevant transfer...
s.sch010 (1) For the purposes of Schedule 29 to the Finance...
s.sch010 No credit or debit shall be required or allowed, in...
s.sch010 (1) This paragraph applies for the purposes of section 781...
s.sch010 In this Part of this Schedule, “relevant transfer” means a...
s.sch011 The 1993 Act is amended as follows.
s.sch011 (1) In section 72(2) (matters to be entered in register)—...
s.sch011 (1) In section 73(2) (matters to be entered in the...
s.sch011 In section 83(1) (interpretation of Part 1)—
s.sch011 (1) In subsection (1) of section 136 (competent authorities in...
s.sch011 In section 143 (powers to make statutory instruments)—
s.sch011 (1) In subsection (2) of section 145 (purposes for which...
s.sch011 In section 9(3)(f) (conditions requiring the provision of information), after...
s.sch011 In— (a) section 17(4) (access agreements: directions requiring facility owners...
s.sch011 In section 50(1) (exclusion of liability for breach of statutory...
s.sch011 (1) In section 54 (purposes for which franchising functions may...
s.sch011 (1) In subsection (9) of section 55 (interpretation of provision...
s.sch011 In section 57F(1) (validity and effect of penalties), for “penalty...
s.sch011 (1) In section 63 (financial assistance for companies in railway...
s.sch012 (1) The Transport Act 1962 is amended as follows.
s.sch012 In Schedule 15 to the Water Industry Act 1991 (disclosure...
s.sch012 In Schedule 24 to the Water Resources Act 1991 (disclosure...
s.sch012 (1) Section 37 of the Deregulation and Contracting Out Act...
s.sch012 (1) The Railway Heritage Act 1996 is amended as follows....
s.sch012 (1) The Greater London Authority Act 1999 is amended as...
s.sch012 In paragraph 3 of Schedule 7 to the Postal Services...
s.sch012 In section 105 of the Utilities Act 2000 (general restrictions...
s.sch012 (1) The 2000 Act is amended as follows.
s.sch012 (1) The Enterprise Act 2002 is amended as follows.
s.sch012 (1) The Transport Act 1968 is amended as follows.
s.sch012 In section 14(1) of the Chronically Sick and Disabled Persons...
s.sch012 In section 18 of the Fire Precautions Act 1971, for...
s.sch012 In Schedule 1 to the Superannuation Act 1972 (types of...
s.sch012 (1) Section 1 of the Level Crossings Act 1983 is...
s.sch012 In section 101 of the Telecommunications Act 1984 (general restrictions...
s.sch012 In section 6(1) of the Transport Act 1985 (local bus...
s.sch012 In section 74 of the Airports Act 1986 (restriction on...
s.sch013 The repeal of the entry relating to the Strategic Rail...
s.sch013 The repeal of section 219 of the 2000 Act has...
s.sch013 The repeal of Part 3 of Schedule 17 to that...
s.sch013 The repeal of Schedule 19 to that Act does not...

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.