Railways Act 2005
Encyclopedia
The Railways Act 2005 (c 14) is an Act
of the Parliament of the United Kingdom
concerning the regulatory structure for railways in the United Kingdom
.
on 7 April 2005. The act implemented the institutional changes published in the Department for Transport
's White Paper
on rail of 15 July 2004, principally:
restricted funds available to Network Rail
. However, the amendment was reversed the same day in the House of Commons with a much weaker provision substituted for it. The House of Lords did not insist on their original amendment, and the legislation was passed without the protections which the train operators needed. Critics regarded this as an unjustified interference in an inter-dependent contractual matrix, contrary to the legitimate expectations of private investors in the railway.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
concerning the regulatory structure for railways in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
Overview
The bill was introduced and published on 25 November 2004 and received Royal AssentRoyal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 7 April 2005. The act implemented the institutional changes published in the Department for Transport
Department for Transport
In the United Kingdom, the Department for Transport is the government department responsible for the English transport network and a limited number of transport matters in Scotland, Wales and Northern Ireland which are not devolved...
's White Paper
White paper
A white paper is an authoritative report or guide that helps solve a problem. White papers are used to educate readers and help people make decisions, and are often requested and used in politics, policy, business, and technical fields. In commercial use, the term has also come to refer to...
on rail of 15 July 2004, principally:
- Abolished the Strategic Rail AuthorityStrategic Rail AuthorityIn existence from 2001 to 2006, the Strategic Rail Authority was a non-departmental public body in the United Kingdom set up under the Transport Act 2000 to provide strategic direction for the railway industry....
(SRA), transferring some of its functions to the Secretary of State, some (consumer protection ones) to the Office of Rail RegulationOffice of Rail RegulationThe Office of Rail Regulation is a statutory board which is the combined economic and safety regulatory authority for Great Britain's railway network. It was established on 5 July 2004 by the Railways and Transport Safety Act 2003, replacing the Rail Regulator...
, and some to the devolved administrations. - Reduced the financial jurisdiction of the Office of Rail Regulation, imposing a Treasury-determined cap on its financial powers and requiring the Secretary of State for TransportSecretary of State for TransportThe Secretary of State for Transport is the member of the cabinet responsible for the British Department for Transport. The role has had a high turnover as new appointments are blamed for the failures of decades of their predecessors...
to specify what he wants in return for the public subsidy which goes into the railway industry. - Established Passenger Focus as a single national consumer representation body, replacing the geographically separated Rail Passengers CouncilRail Passengers CouncilPassenger Focus is a watchdog non-departmental public body set up by the Government to protect the interests of Britain's rail passengers. The current Chief Executive is Anthony Smith....
. - Set up a new regime for the closure of railway facilities and services.
Government defeat
During the final Parliamentary stages of the passage of the Railways Act 2005, the Government sustained a defeat in the House of Lords over an amendment which would have protected passenger and train operators against a diminution of infrastructure quality or performance - or being held rigidly to their contracts for the provision of railway services which assumed no such diminution - if the Secretary of State for TransportSecretary of State for Transport
The Secretary of State for Transport is the member of the cabinet responsible for the British Department for Transport. The role has had a high turnover as new appointments are blamed for the failures of decades of their predecessors...
restricted funds available to Network Rail
Network Rail
Network Rail is the government-created owner and operator of most of the rail infrastructure in Great Britain .; it is not responsible for railway infrastructure in Northern Ireland...
. However, the amendment was reversed the same day in the House of Commons with a much weaker provision substituted for it. The House of Lords did not insist on their original amendment, and the legislation was passed without the protections which the train operators needed. Critics regarded this as an unjustified interference in an inter-dependent contractual matrix, contrary to the legitimate expectations of private investors in the railway.
Section 60 - Short title, commencement and extent
The following orders have been made under this section:- The Railways Act 2005 (Commencement No. 1) Order 2005 (S.I. 2005/1444 (C. 64))
- The Railways Act 2005 (Commencement No. 2) Order 2005 (S.I. 2005/1909 (C. 82))
- The Railways Act 2005 (Commencement No. 3) Order 2005 (S.I. 2005/2252 (C. 94))
- The Railways Act 2005 (Commencement No. 4) Order 2005 (S.I. 2005/2812 (C. 117))
- The Railways Act 2005 (Commencement No. 5) Order 2006 (S.I. 2006/266 (C. 7))
- The Railways Act 2005 (Commencement No. 6) Order 2006 (S.I. 2006/1951 (C. 65))
- The Railways Act 2005 (Commencement No. 7, Transitional and Saving Provisions) Order 2006 (S.I. 2006/2911 (C. 102))
- The Railways Act 2005 (Commencement No. 8) Order 2007 (S.I. 2007/62 (C. 2))
- The Railways Act 2005 (Commencement No. 9) Order 2007 (S.I. 2007/1993 (C. 74))
External links
- The Railways Act 2005, as amended from the National Archives.
- The Railways Act 2005, as originally enacted from the National Archives.
- Explanatory notes to the Railways Act 2005.
- Summary of key points