- access agreement
means— (a) an access contract which satisfies one of the conditions in paragraphs (a) to (c) of section 18(1) above;
- access contract
has the meaning given by section 17(6) above;
- accounting year
means— (a) in the case of the Board, the period of twelve months ending with 31st March in any year;
- act of violence
means— (a) any act which constitutes, or (b) any potential act which, if carried out, would constitute, the offence of murder, attempted murder, manslaughter, culpable homicide, assault, real injury or malicious mischief, or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the Person Act 1861, under section 2 of the Explosive Substances Act 1883 or under section 1 of the Criminal Damage Act 1971;
- additional railway asset
means any network, station or light maintenance depot, and any reference to an additional railway asset includes a reference to any part of an additional railway asset.
- agreement
includes a lease, underlease or sublease (as well as a tenancy agreement or an agreement for a lease, underlease or sublease);
- ancillary service
means any service which is necessary or expedient for giving full effect to any permission or right which a person may have to use any track, station or light maintenance depot;
- application for directions
means an application for directions under section 17 of this Act;
- appropriate authority
has the meaning given by section 55(10) above;
- appropriate designating authority
has the meaning given by section 23(3) above;
- appropriate franchising authority
has the meaning given by section 23(3) above;
- appropriate national authority
has the meaning given by section 59(6)(za) above;
- Area Committee
means an Area Transport Users Consultative Committee, established under section 56 of the 1962 Act, and includes a reference to the London Regional Passengers’ Committee in its capacity as such a Committee by virtue of section 41 of the London Regional Transport Act 1984;
- assignment
includes any form of transfer and cognate expressions shall be construed accordingly.
- associate
has the meaning given by section 17(7) above;
- body corporate
has the meaning given by section 1173(1) of the Companies Act 2006;
- bus substitution service
means a service for the carriage of passengers by road that is provided as an alternative to the whole or a part of a railway passenger service that has been discontinued, reduced or modified (whether temporarily or permanently);
- Channel Tunnel service
means— (a) a railway passenger service between Calais-Fréthun station in France and Ashford International station in the United Kingdom;
- closed scheme
means a pension scheme— (a) to which no new members are to be admitted;
- closure
has the same meaning as in Part 4 of the Railways Act 2005 (see section 45 of that Act);
- closure requirement
means a requirement imposed under section 33 of that Act;
- collectors
means the individuals who perform the function (whether as servants or agents or otherwise) of imposing the charge of a penalty fare on the person liable to pay it under the regulations in each particular case;
- company
means any body corporate;
- consultative committee
means a consultative committee established under subsection (2) of section 2 of this Act.
- cross-border service
means a railway passenger service starting either in England and Wales or in Scotland and ending, or otherwise making at least one scheduled call, in the other;
- debentures
includes debenture stock;
- designated
means specified in an instruction, or of a class or description so specified;
- designated scheme
means an occupational pension scheme or, as the case may be, a section of any such scheme, which is designated under sub-paragraph (1) above;
- directions
means directions under this section;
- discount fare scheme
means any scheme for enabling persons who are young, elderly or disabled to travel by railway at discounted fares, subject to compliance with such conditions (if any) as may be imposed by or under the scheme;
- discounted fare
means a lower fare than the standard fare for the journey in question;
- electronic communication
has the same meaning as in the Electronic Communications Act 2000 (c. 7).
- employment
means employment under a contract of service or apprenticeship (whether express or implied and, if express, whether oral or in writing), and cognate expressions shall be construed accordingly;
- enactment
includes an enactment comprised in an Act of the Scottish Parliament.
- European licence
means a licence granted pursuant to any action taken by an EEA state for the purpose of implementing— (a) Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings, as amended by Directive 2001/13/EC of 26February 2001 and Directive 2004/49/EC of 29 April 2004, both of the European Parliament and of the Council;
- existing provision
means a provision contained in any Act (whether public general or local) passed, or in subordinate legislation made, before the relevant date;
- existing scheme
means any occupational pension scheme (other than a new scheme)— (a) which is a scheme for the provision of pensions for or in respect of persons with service in the railway industry (whether or not pensions may also be provided under the scheme for or in respect of persons without such service);
- experimental passenger service
has the meaning given by section 48(6) above;
- facility exemption
has the meaning given by section 20(13) above;
- facility owner
has the meaning given by section 17(6) above;
- final order
means an order under this section, other than a provisional order or an order under subsection (7B);
- financial year
means a period of twelve months ending with 31st March;
- foreign company
means a company incorporated outside Great Britain;
- franchise agreement
means an agreement to which the Secretary of State, the Scottish Ministers or the Welsh Ministers is or are party, under which another party which is not a public sector company (as defined in section 30C) undertakes either— (a) to provide, or (b) to secure that a wholly owned subsidiary of his provides, throughout the franchise term those services for the carriage of passengers by railway to which the agreement relates;
- franchise assets
has the meaning given by section 27(11) above;
- franchise company
means any body corporate which is, or is to be, the franchisee or the franchise operator under a franchise agreement.
- franchise operator
has the meaning given by section 23(3) above;
- franchise period
has the meaning given by section 23(3) above;
- franchise term
has the meaning given by section 23(3) above;
- franchised services
has the meaning given by section 23(3) above;
- franchisee
means— (a) in relation to a franchise agreement under which a party undertakes to secure that a wholly owned subsidiary of his provides the franchised services, the party so undertaking;
- functions
includes powers, duties and obligations;
- goods
includes mail, parcels, animals, plants and any other creature, substance or thing capable of being transported, but does not include passengers;
- great national emergency
means any natural disaster or other emergency which, in the opinion of the Secretary of State, is or may be likely to give rise to such disruption of the means of transport that the population, or a substantial part of the population, of Great Britain is or may be likely to be deprived of essential goods or services;
- guaranteed pension scheme
has the same meaning as in section 52B;
- information
includes accounts, estimates, records and returns;
- installation access contract
has the meaning given by section 19(9) above;
- installation land
means the land which constitutes the network installation in question.
- installation owner
has the meaning given by section 19(9) above;
- instruction
means an instruction given under this section, and any reference to an instruction includes a reference to an instruction as varied under subsection (6)(c) above;
- interested person
means any person whose consent is required by the facility owner, as a result of an obligation or duty owed by the facility owner which arose after the coming into force of section 17 of this Act, before the facility owner may enter into the required access contract;
- international licence
has the meaning given by section 6(2) above;
- intervening period
means the period which begins at the passing of this Act and ends— whichever is the later.
- lease
includes an underlease or sublease and an agreement for a lease, underlease or sublease;
- licence
means a licence under section 8 above and “licence holder” shall be construed accordingly;
- licence exempt activity
means any activity which a person carries on in his capacity as a licence exempt operator;
- licence exempt operator
means an operator of railway assets, or railway assets of a class or description, who is, by virtue of a licence exemption, exempt from the requirement to be authorised by licence to be the operator of those railway assets or of railway assets of that class or description;
- licence exempt travel
means travel by means of a train whose operator is, by virtue of a licence exemption, exempt from the requirement to be authorised by licence to be the operator of that train for the whole, or for some part, of the train journey in question;
- licence exemption
has the meaning given by section 7(13) above;
- licensed activity
means any activity which a person carries on in his capacity as a licence holder;
- licensed successor company
has the same meaning as it has in section 107 above;
- licensed travel
means travel by means of a train whose operator is authorised by licence to be the operator of that train for some part of the train journey in question;
- light maintenance
(without more) means— (a) the refuelling, or the cleaning of the exterior, of locomotives or other rolling stock;
- light maintenance depot
means any land or other property which is normally used for or in connection with the provision of light maintenance services, whether or not it is also used for other purposes;
- light maintenance depot licence
means a licence authorising a person— (a) to be the operator of a light maintenance depot;
- light maintenance services
has the meaning given by section 82 above;
- listing particulars
means any listing particulars or supplementary listing particulars within the meaning of the 1986 Act;
- local authority
includes an Integrated Transport Authority for an integrated transport area in England, a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 and a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
- local transport authority
has the same meaning as in Part 2 of the Transport Act 2000 (see section 108(4) of that Act);
- locomotive
means any railway vehicle which has the capacity for self-propulsion (whether or not the power by which it operates is derived from a source external to the vehicle);
- maintenance
includes the detection and rectification of any faults.
- maintenance work
includes the detection and rectification of any faults;
- mixed activity
means any activity which is carried on by a person who is both a licence holder and a licence exempt operator and which is carried on by him in part as a licensed activity and in part as a licence exempt activity.
- modifications
includes additions, alterations and omissions and cognate expressions shall be construed accordingly;
- more extensive use
means— and if the applicant is permitted to use only part of the railway facility or network installation, includes use for the purpose for which he is permitted to use it, or (in the case of a railway facility) for any other permitted purpose, of any other part of the railway facility or network installation.
- network
means— (a) any railway line, or combination of two or more railway lines, and (b) any installations associated with any of the track comprised in that line or those lines, together constituting a system of track and other installations which is used for and in connection with the support, guidance and operation of trains;
- network installation
means any installation (other than track) which is comprised in a network.
- network licence
means a licence authorising a person— (a) to be the operator of a network;
- network services
has the meaning given by section 82 above;
- new scheme
means an occupational pension scheme established under paragraph 2 below;
- notice
means notice in writing;
- occupational pension scheme
has the meaning given in section 1 of the Pension Schemes Act 1993;
- operating company
means a successor company— (a) which is a company limited by shares and formed and registered under the Companies Act 1985 (or the former Companies Acts, as defined in section 735(1)(c) of that Act);
- operator
has the meaning given in section 6(2) of that Act. 2 For the purposes of sections 10(1)(vi), 15(1)(d) and 20(2)(b), (4) and (6) of this Act “wholly-owned subsidiary” has the meaning given by section 736 of the Companies Act 1985.”
- operator agreement
means any agreement which a person who has the benefit of an exemption under section 24 may enter into for another person (“the operator”) to provide the services (or any part of the services) in respect of which the exemption is granted;
- other appointee
means any company, other than the existing appointee or the new appointee, which is the holder of a licence under section 8 of this Act or of a railway undertaking licence and which may be affected by the proposal mentioned in sub-paragraph (1)(b) above;
- passenger licence
means a licence authorising a person— (a) to be the operator of a train being used on a network for the purpose of carrying passengers by railway;
- passenger service operator
means a person who provides services for the carriage of passengers by railway;
- Passenger Transport Executive
means a body which is such an Executive for the purposes of Part 2 of the Transport Act 1968;
- pension scheme
includes a section of a pension scheme;
- person under closure restrictions
means a person who is under—
- premises
includes any land, building or structure;
- prescribed
means prescribed by regulations made by the Secretary of State;
- private sector operator
means any body or person other than a public sector operator;
- proposed closure
has the same meaning as in section 56 of the 1962 Act;
- protected person
has the meaning given by paragraph 5 below;
- protected railway company
has the meaning given by section 59(6)(a) above;
- provisional order
means an order under this section which, if not previously confirmed in accordance with subsection (4) above, will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order;
- public body
means any authority or other body on which functions are conferred by or under an enactment.
- public financial resources
means any of the following—
- public sector company
means a company that is—
- public sector operator
has the meaning given by section 25 as it had effect before its repeal by section 1 of the Passenger Railway Services (Public Ownership) Act 2024;
- public sector railway company
means— (a) the Board;
- publicly owned railway company
means a company which is wholly owned by the Crown and which carries on, or is to carry on,— (a) an undertaking derived, or to be derived, (whether wholly or partly and whether directly or indirectly) from, or from some part of, an undertaking carried on by the Board or a wholly owned subsidiary of the Board;
- qualifying pension rights
means any pension rights as respects the whole or some part of which there are subsisting relevant pension obligations a proportion of which, as determined for the purposes of section 52(1)(a) of the 1980 Act, has not been funded;
- qualifying services
means any services, or part of a service, falling within sub-paragraph (1) above.
- railway activities
means activities consisting in, or involving, any of the following—
- railway administration order
has the same meaning as in this Act.
- railway asset
has the meaning given by section 6(2) above;
- railway company
includes any person— a who holds a licence under Part I of the Railways Act 1993;
- railway facility
means any track, station or light maintenance depot;
- railway investment
means investment in assets for use in the provision of railway services.
- railway passenger service
means any service for the carriage of passengers by railway;
- railway security service
means a process or activity carried out for the purpose of—
- railway service
has the same meaning as in Part I above;
- railway service performance
includes, in particular, performance in securing each of the following in relation to railway services— (a) reliability (including punctuality);
- railway services
has the meaning given by section 82 above;
- railway undertaking licence
has the meaning given by section 6(2);
- railway vehicle
includes anything which, whether or not it is constructed or adapted to carry any person or load, is constructed or adapted to run on flanged wheels over or along track;
- records
includes computer records and any other records kept otherwise than in a document;
- regulations
means regulations under subsection (1) above;
- relevant asset
means a network, a station, a light maintenance depot or any track or rolling stock;
- relevant company
means— (a) a company that is wholly owned by a Passenger Transport Executive, an STB or a local transport authority, or (b) a company of which each owner is a Passenger Transport Executive, an STB or a local transport authority. • “STB” means a sub-national transport body established under section 102E of the Local Transport Act 2008.
- relevant condition or requirement
has the meaning given by section 55(10) above;
- relevant employer
means— (a) the Board;
- relevant European licence
has the meaning given by section 6(2);
- relevant franchising authority
means the person who was the appropriate franchising authority in relation to the franchise agreement that has been terminated or otherwise come to an end.
- relevant local authority
means— (a) a non-metropolitan county or district council in England or in Wales;
- relevant operator
has the meaning given by section 55(10) above;
- relevant order
means—
- resolution for voluntary winding up
has the same meaning as in the Insolvency Act 1986;
- responsible
means responsible for the purposes of Part IV of the 1986 Act and “responsibility” shall be construed accordingly.
- restructuring scheme
means a transfer scheme, if and to the extent that it provides for the transfer of property, rights or liabilities from a body or person falling within any of paragraphs (a) to (e) of section 85(1) of this Act to another such body or person.
- rolling stock
means any carriage, wagon or other vehicle used on track and includes a locomotive;
- safety functions
means functions assigned or transferred to the Office of Rail and Road— (a) under this Part, (b) under or by virtue of the Railways Act 2005, or (c) under or by virtue of the Health and Safety at Work etc.
- scheme
includes any agreement or arrangements.
- Scotland-only service
means a railway passenger service which starts and ends in Scotland and is not a cross-border service;
- Scottish franchise agreement
means a franchise agreement the franchised services under which— (a) consist of or include Scotland-only services;
- Scottish protected railway company
means a protected railway company that is such a company only in respect of activities carried on by it as franchise operator in relation to a Scottish franchise agreement.
- Scottish railway activities
means activities which are railway activities by reference only to—
- securities
has the meaning given by section 102A(2) of the Financial Services and Markets Act 2000;
- security
has the meaning given by section 248(b) of the Insolvency Act 1986.
- services for the carriage of passengers by railway
includes services for and in connection with the carriage of luggage, parcels or mail on trains which at the time are available, and primarily intended, for use by passengers;
- services relating to railways
means—
- shares
includes stock;
- specified
means specified in an instruction;
- station
means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes;
- station licence
means a licence authorising a person to be the operator of a station;
- station services
has the meaning given by section 82 above;
- statutory accounts
means any accounts prepared by a company for the purpose of any provision of the Companies Act 2006 (including group accounts).
- statutory accounts of a company
means any accounts prepared by the company for the purpose of any provision of the Companies Act 2006 (including group accounts).
- statutory provision
means a provision whether of a general or of a special nature contained in, or in any document made or issued under, any Act, whether of a general or a special nature.
- STB
means a sub-national transport body established under section 102E of the Local Transport Act 2008.
- subordinate legislation
has the same meaning as in the Interpretation Act 1978.
- subsidiary
has the meaning given by section 1159 of the Companies Act 2006;
- successor company
means a company in which any property, rights or liabilities are vested by virtue of and in accordance with a transfer scheme;
- tenancy
has the same meaning as it has in Part II of the Landlord and Tenant Act 1954 or, in Scotland, as it has in the Tenancy of Shops (Scotland) Act 1949.
- terrorism
has the same meaning as in the Terrorism Act 2000 (c. 11)(see section 1 of that Act);
- the 1962 Act
means the Transport Act 1962;
- the 1968 Act
means the Transport Act 1968;
- the 1973 Act
means the Fair Trading Act 1973;
- the 1980 Act
means the Competition Act 1980;
- the 1986 Act
means the Insolvency Act 1986;
- the 2023 Regulations
means the Public Service Obligations in Transport Regulations 2023 (S.I. 2023/1369).
- the applicant
means the person making the application for directions under subsection (1) above;
- the appropriate authority
means— (a) in relation to any relevant condition or requirement in the case of a licence holder,...,... the Office of Rail and Road;
- the approved scheme
means the scheme in force for the organisation of the transport police made by the Secretary of State under section 132 of the Railways Act 1993;”
- the area affected
means the area in which the station or line, or any part of the line, affected by the proposed closure is situated.
- the beneficiary
means the person mentioned in paragraph (a)(i) or, as the case may be, paragraph (b)(i) of the definition of “access contract” in subsection (6) above, according to the description of access contract in question;
- the Board
means the British Railways Board;
- the British Transport Police Force Scheme 1963
means the scheme for the organisation of transport police which is set out in the Second Schedule to the British Transport Police Force Scheme 1963 (Amendment) Order 1992 (being an order amending that scheme as it was set out in the Schedule to the British Transport Police Force Scheme 1963 (Approval) Order 1964).
- the Central Committee
has the same meaning as in Part I of this Act;
- the closure provisions of this Act
means sections 37 to 49 of this Act and Schedule 5 to this Act;
- the CMA
means the Competition and Markets Authority;
- the court
means the High Court, in relation to England and Wales, and the Court of Session, in relation to Scotland.
- the environment
means all, or any, of the following media, namely, the air, water and land (and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground);
- the facility owner
means the facility owner mentioned in section 17(1) of this Act;
- the former Central Committee
means the Central Transport Consultative Committee for Great Britain, established under section 56 of the 1962 Act.
- the Franchising Director
means the Director of Passenger Rail Franchising;
- the Inland Revenue
means the Commissioners of Inland Revenue;
- the joint industry scheme
means such occupational pension scheme as the Secretary of State may by order designate as the joint industry scheme for the purposes of this Schedule;
- the Minister
has the same meaning as in section 56 of the 1962 Act;
- the opening accounts of the transferee
means any statutory accounts prepared by the transferee for the accounting year next ending after the transfer date;
- the passenger transport market
means the market for the supply of services for the carriage of passengers, whether by railway or any other means of transport;
- the protected period
means—
- the public service obligations regulations
means the Public Service Obligations in Transport Regulations 2023;
- the railway administration order provisions of this Act
means this section, sections 60 to 65 below and Schedules 6 and 7 to this Act.
- the railways financial status regulations
means Council Regulation (EEC) No. 1192/69 on common rules with respect to the financial status of railway undertakings.
- the relevant date
means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.
- the relevant five years
means the five years immediately preceding the year in which the investment in question is made or proposed to be made.