I1C6C7 Part I The Provision of Railway Services
Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)
Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)
Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)
The F17F18Passengers’ Council and Rail Passengers’ Committees
Words in cross-heading substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 8(10); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
Words in s. 76 cross-heading substituted (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 6(4)
C1C2C3C876F19General railway duties of Passengers’ Council .
1
It shall be the duty of F20the Passengers’ Council to investigate any matter which relates—
F1a
to the provision of railway passenger services, or
b
to the provision of station services by any person in a case where the operator of the station in question is authorised by a licence to be the operator of that station,
if the condition specified in subsection (2) below is satisfied in relation to the matter in question.
2
The condition mentioned in subsection (1) above is satisfied if—
a
c
the matter appears to F20the Passengers’ Council to be one which it ought to investigate.
F32A
If any matter falling within subsection (2)(a) appears to F20the Passengers’ Council to relate only to—
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,
that Council must refer the matter to the London Transport Users' Committee.
F43
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
If, on investigating any matter, F20the Passengers’ Council considers it appropriate to do so, F20the Passengers’ Council shall make representations to the person providing the F5secured service (within the meaning of Part 4 of the Railways Act 2005) which is in question and—
a
in the case of a service provided under a franchise agreement, to the franchisee, or
b
about the matter, or any matter to which it relates or which appears to F20the Passengers’ Council to be relevant to the subject of the matter investigated.
C45
Where F20the Passengers’ Council—
a
having made representations under subsection (4) above, is of the opinion that it is unable to achieve a satisfactory resolution of the matter by that means, or
b
on investigating any matter, has reason to believe that F6a franchisee is contravening, or is likely to contravene, any term of the franchise agreement or that the holder of a passenger licence or a station licence is contravening, or is likely to contravene, any condition of the licence,
F20the Passengers’ Council shallF7, unless representations about the matter have been made to the F2Secretary of State by F20the Passengers’ Council, refer it to the F2Secretary of State with a view to the F2Secretary of State exercising such of F8his powers as F9he considers appropriate in the circumstances of the case..
F105A
But if the F2Secretary of State considers that it would be more appropriate for a matter referred to it by F20the Passengers’ Council to be considered by F21the Office of Rail and Road, the F2Secretary of State shall refer it to F21the Office of Rail and Road, with a view to F11it exercising such of F12its powers as F11it considers appropriate in the circumstances of the case.
6
Where F20the Passengers’ Council investigates any matter—
C5a
7
Where F20the Passengers’ Council has investigated any matter under this section, it shall neither—
a
include in any report or representations a proposal for any steps to be taken by any person in relation to that matter, nor
b
refer the matter to the F2Secretary of State under subsection (5)(a) above by reason only of the failure of any person to take any steps in relation to that matter,
unless, balancing the cost of taking those steps against the benefits which F20the Passengers’ Council considers will be enjoyed by any person in consequence of the taking of those steps, F20the Passengers’ Council is of the opinion, on the basis of the information available to it, that the expenditure involved represents good value for money.
F147A
It shall also be the duty of F20the Passengers’ Council, so far as it appears expedient from time to time to do so—
a
to keep under review matters affecting the interests of the public in relation to railway passenger services and station services;
b
to make representations to, and consult, such persons as they think appropriate about those matters; and
c
to co-operate with other bodies representing the interests of users of public passenger transport services.
7B
The Secretary of State may, after consultation with F20the Passengers’ Council, make an order excluding services from the duties imposed by this section; and an order under this subsection—
a
may exclude services of a particular class or description, particular services or services provided by a particular person;
b
may provide that services are excluded subject to compliance with specified conditions; and
c
may not revoke an exclusion except for breach of condition or in accordance with the order which made it.
7C
The Secretary of State may, after consultation with F20the Passengers’ Council, make an order providing that the duties imposed by this section apply to services of a particular class or description, particular services or services provided by a particular person—
a
only to such extent as is specified by the order; or
b
with such modifications as are so specified.
F158
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9
In this section, any reference to railway passenger services includes a reference to bus substitution services required to be provided in place of any such services; F16. . . .
Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5
Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)