Railways and Tramways (Volume 86 (2023))

If it's not in Halsbury's then it's not the law.

Covering every proposition of the law of England and Wales, however niche, Halsbury's Laws provides all your legal answers in a single source.

TAKE A FREE TRIAL

Railways and Tramways (Volume 86 (2023))

If it's not in Halsbury's then it's not the law.

Covering every proposition of the law of England and Wales, however niche, Halsbury's Laws provides all your legal answers in a single source.

TAKE A FREE TRIAL

Railways and Tramways (Volume 86 (2023))

Consultant Editor

Stop Press: Infrastructure (Wales) Act 2024

1. Railways

1. Introduction to the law relating to railways.

2. Grouping.

3. Nationalisation.

4. Privatisation, and the transition away from franchising.

5. Summary of current structure of the privatised system.

6. The Secretary of State and the Welsh Ministers.

7. Legislation applying in relation to independent railway undertakings.

8. Accounts, returns and dividends of railway companies authorised by special Act.

9. Receivers and managers appointed under the Railway Companies Act 1867.

10. Winding up or dissolution of railway company incorporated by special Act.

11. Provision for the making of byelaws under the Railways Act 2005.

12. Confirmation and publication of byelaws made under the Railways Act 2005.

13. Application of statutory provisions governing the development of land.

14. Protection available to railway undertakings under highway improvement legislation.

15. Protection available to transport authorities under the New Roads and Street Works Act 1991.

16. Application to railway companies of controls on placing overground wires in London.

17. Powers and protection available to railway companies under the Public Health Act 1936.

18. Application of retailing and licensing legislation to railway stations and railway vehicles.

19. Application of health and safety legislation to railways.

20. Convention concerning International Carriage by Rail.

21. Overview.

22. General duties of the Secretary of State, the Welsh Ministers and the ORR.

23. Provision of information to the Secretary of State, the Welsh Ministers or the ORR.

24. Exercise of franchising functions to encourage investment in railways.

25. Keeping of register by the Secretary of State.

26. Keeping of register by the Welsh Ministers.

27. Codes of practice relating to users of services who are disabled.

28. Financial assistance from the Secretary of State for railway purposes.

29. Franchising and financial assistance in relation to Wales.

30. Notification of assistance from the Secretary of State for freight services.

31. Notification of assistance from the Welsh Ministers for freight services.

32. Assistance towards capital expenditure on public transport facilities.

33. Establishment and abolition of the British Railways Board.

34. Establishment and abolition of the Director of Passenger Rail Franchising.

35. Establishment and abolition of the Strategic Rail Authority.

36. Establishment and abolition of the Rail Regulator and transfer of functions to the ORR.

37. Dissolution of Rail Passengers' Committees, the establishment of the Council and Transport Focus.

38. Overview.

39. General functions.

40. Investigatory functions.

41. Publication of information and advice.

42. Keeping of register.

43. Annual and other reports.

44. Duty to assist and advise national authorities.

45. Extended regulatory responsibilities.

46. Extended appellate jurisdiction.

47. Responsibilities in relation to rail market monitoring.

48. Areas, authorities and executives.

49. Railway functions.

50. Duty to advise Secretary of State.

51. Railway functions of Transport for London.

52. Investigative duties.

53. Supplementary duties and powers.

54. Abolition of the Railway Heritage Committee and transfer of functions to the Board of Trustees of the Science Museum.

55. Designation of records and artefacts.

56. Notice of proposed disposal of record or artefact.

57. Disposal of record or artefact.

58. Guidance and information.

59. Meaning of 'railway services'.

60. Licences authorising persons to be operators of railway assets.

61. Conditions of licences.

62. Conditions of licence referring to licence exempt activity.

63. Assignment of licences.

64. Modification by agreement.

65. References to CMA regarding modification.

66. CMA report on modification references.

67. Modification of licences by ORR.

68. CMA's powers to make or to veto modifications following report.

69. Exemption from the need to be a licensed operator of railway assets.

70. Prohibition on unlicensed provision of services.

71. Granting of railway undertaking licences by ORR.

72. Qualifications for railway undertaking licences granted by the ORR.

73. Validity of railway undertaking licences.

74. Railway undertaking licensing functions of the ORR.

75. Prohibition on operating trains without Statement of National Regulatory Provisions.

76. Application for SNRP.

77. Conditions of SNRP.

78. Modification of SNRP by consent.

79. Access contracts requiring ORR approval.

80. Directions from the ORR to enter into an access contract.

81. Directions from the ORR to enter into an installation access contract.

82. Directions requiring amendments to access agreements.

83. Amendment of access agreements.

84. Compulsory access to railway facilities.

85. Exemption of railway facilities from the access regime.

86. Entitlement to access rights.

87. Entitlement to access to services, and cross-border agreements.

88. Independence and separation of infrastructure management.

89. Indicative railway infrastructure strategy.

90. Requirement for business plans.

91. Requirement for network statements.

92. Establishment, determination and collection of charges.

93. Principles of access charging and the exceptions.

94. Infrastructure costs and accounts.

95. Performance schemes and reservation charges.

96. Cooperation in relation to charging systems on more than one network.

97. Capacity allocation framework and process.

98. Co-operation where capacity crosses more than one network.

99. Framework agreements.

100. Applications for infrastructure capacity under the annual timetable process.

101. Scheduling and co-ordination.

102. Ad hoc requests.

103. Designation of specialised infrastructure.

104. Declaration of congested infrastructure.

105. Capacity analysis of congested infrastructure.

106. Capacity enhancement plan.

107. Use of train paths.

108. Measures taken in the event of disruption.

109. Designation of services to be franchised.

110. Exemptions from need to franchise.

111. Public sector operators not to be franchisees.

111A. Prohibition on new franchises and franchise extensions

112. Invitations to tender for franchises.

113. No adequate tender for franchise agreement.

114. Franchise agreement may include provision with respect to fares.

115. Other terms and conditions of franchise agreements.

116. Franchise agreements may include conditions relating to concessionary travel for railway staff.

117. Failure to secure subsequent franchise agreement.

118. Transfer of assets, etc when franchise agreements entered into.

119. Power to make transfer scheme at end of franchise agreement.

120. Application and scope of transfer scheme.

121. Provision that may be made by transfer scheme.

122. Protections provided by transfer scheme.

123. Provision of information to person making transfer scheme.

124. Proposal by service operator to discontinue non-franchised services.

125. Proposal by funding authority to discontinue non-franchised services.

126. Proposals to discontinue franchised or secured services.

127. Proposal to discontinue excluded services.

128. Proposal by operator to close passenger network.

129. Proposal by funding authority to close passenger network.

130. Proposal to discontinue operation of secured network.

131. Proposal by operator to close station.

132. Proposal by funding authority to close station.

133. Proposal to discontinue operation of secured station.

134. Consultations about proposals affecting networks, services or stations.

135. Closures guidance.

136. References to the ORR.

137. Effect of issue of closure ratification notice.

138. Proposals for a minor modification.

139. Closures eligible to be treated as minor modifications.

140. Designation of experimental passenger services.

141. Discontinuance of experimental passenger services.

142. Services, networks and stations excluded by order of national authority.

143. Substitute road services for the carriage of rail passengers.

144. Direction to provide, improve or develop railway facilities.

145. Application for direction to provide, improve or develop railway facilities.

146. Determination of application for direction to provide, improve or develop railway facilities.

147. Effect of direction to provide, improve or develop railway facilities.

148. Revocation or variation of direction to provide, improve or develop railway facilities.

149. Code of practice in relation to direction to provide, improve or develop railway facilities.

150. Scope of access charges review.

151. Access charges reviews suggested by the Secretary of State.

152. Notice of an access charges review.

153. Provision of information by Secretary of State.

154. Revision of information provided by Secretary of State.

155. Notification of likely adverse effect on interests of certain providers of railway services.

156. Duty of ORR to heed information provided by Secretary of State.

157. Procedure for implementation of access charges review.

158. Power to require information for enforcement purposes.

159. Final or provisional orders for securing compliance.

160. Procedural requirements for final or provisional orders securing compliance.

161. Validity and effect of final or provisional orders securing compliance.

162. Penalties imposed for contravention of condition or requirement or order.

163. Procedural requirements for penalties.

164. Validity and effect of penalties.

165. Concurrent function of enforcing competition law in the rail sector.

166. Meaning and effect of railway administration order.

167. Railway administration orders relating to protected railway companies.

168. Restriction on winding up protected railway company.

169. Government financial assistance where railway administration orders made.

170. Protection of plant.

171. Land conveyed in consideration of rent charge.

172. Extension to railways of certain provisions relating to health and safety at work.

173. Responsibility for the regulation and enforcement of health and safety on the railways.

174. Meaning of 'railway safety purposes'.

175. ORR's railway safety functions.

176. Reports and investigations for any of the railway safety purposes.

177. Agency agreements with government departments and other public authorities.

178. Co-operation with the Health and Safety Executive.

179. Information powers connected with the carrying out of safety functions.

180. Securing the safe operation and construction of railways, etc.

181. Approval of works, plant and equipment.

182. Requirement for train protection systems.

183. Prohibition on operation of certain rolling stock on a railway.

184. Exemption from prohibitions contained in the railway safety regulations.

185. Directions limiting speeds and loads.

186. Improperly loaded carriages causing potential danger or obstruction.

187. Regulations setting standards to be met by railway assets, vehicles and services.

188. Prohibition on unauthorised subsystems and applications for authorisation.

189. Authorisation by the Safety Authority.

190. Making of determinations of type.

191. Revocation of authorisations.

192. Renewal or upgrading of subsystems.

193. Exemptions from need to conform with NTSNs.

194. Role of project entity.

195. Retention of documents.

196. Continuing duty on operator in relation to standards.

197. Fees payable to the Safety Authority and to the Competent Authority.

198. Prohibition on placing interoperability constituents on the market.

199. UK declaration of conformity or of suitability for use.

200. Assessment procedure for interoperability constituents.

201. Duties on operators.

202. Notification of incorrect declaration.

203. Appointment of approved and designated bodies.

204. Requirements on approved and designated bodies in relation to verifications or declarations.

205. Fees of approved and designated bodies and the Secretary of State.

206. National vehicle register.

207. Register of infrastructure.

208. Appeals in Great Britain.

209. Enforcement.

210. Notices relating to interoperability constituents not meeting the essential requirements.

211. Notice of improper drawing up of the declaration of conformity or suitability for use for an interoperability constituent.

212. Deemed authorisation.

213. Accessibility for people with reduced mobility.

214. Defence of due diligence.

215. Dispensations.

216. Meanings of 'infrastructure' and 'transport system'.

217. Use of infrastructure on the mainline railway.

218. Use of infrastructure on transport systems other than the mainline railway.

219. Requirements on the safety management system.

220. The basic elements of a safety management system.

221. Safety verification scheme.

222. Applications for safety certificates.

223. Granting of safety certificates.

224. Amended safety certificates.

225. Applications for safety authorisations.

226. Granting of safety authorisations.

227. Amended safety authorisations.

228. Notice of changes by holder of a safety certificate or a safety authorisation.

229. Direction to apply for an amended safety certificate or safety authorisation.

230. Revocation of safety certificate.

231. Revocation of safety authorisations.

232. Appeals relating to safety certificates and authorisations.

233. Maintenance of vehicles.

234. Risk assessment.

235. Annual safety reports.

236. Retention etc of documents.

237. Co-operation required to enable compliance with the railway safety provisions.

238. Meaning of 'safety critical work'.

239. Assessments for competence and fitness.

240. Arrangements to protect against effects of fatigue.

241. Co-operation required to enable compliance in relation to safety critical work.

242. Power to grant exemptions from requirements or prohibitions.

243. Access to training services for the purposes of meeting railway safety requirements.

244. Appeal to the ORR regarding denial of access to training services.

245. Regulation of cableway installations.

246. Directions requiring insurance against liability in respect of death or personal injury.

247. Common law duties of railway undertakers as to vehicles.

248. Prevention of unauthorised access to infrastructure.

249. Requirement for means of communication with passengers.

250. Measures to prevent collisions and derailments.

251. Brakes requirements.

252. Accidents to persons at work from moving vehicles.

253. Exemptions from requirements.

254. Accident investigation and reporting.

255. Reporting of accidents.

256. Establishment of the Rail Accident Investigation Branch.

257. General aims of the Rail Accident Investigation Branch.

258. Investigations conducted by the Rail Accident Investigation Branch.

259. Investigations conducted by industry under direction.

260. Liability of railway undertakers for accidents to employees and non-employees.

261. Determination of compensation for injury or death.

262. Provision for disabled persons.

263. The British Transport Police.

264. The British Transport Police Authority.

265. The British Transport Police Force.

266. Police services agreements.

267. Directions given in emergency situations.

268. Measures to ensure passengers' personal security.

269. Instructions given to protect against acts of violence.

270. Power of Secretary of State to approve providers of railway security services.

271. Enforcement notices.

272. Inspections.

273. Provision for electronic service of documents in emergency or security situations.

274. Former authorisation procedure under special Act.

275. Authorisation of railway works by ministerial order or development consent order.

276. Construction of statutory powers to make a railway.

277. Conflict between authorising powers and general legislation.

278. Powers conflicting with contractual rights.

279. Effect of statutory authority on common law liability: compensation.

280. Manner of exercise of statutory powers.

281. Proper precautions during construction.

282. Liability with regard to use of land or works.

283. Sparks from steam engines.

284. The Railway Fires Acts.

285. Orders authorising works as to railways, etc.

286. Subject matter of orders as to railways.

287. Orders made by the Secretary of State without application.

288. Works powers.

289. Compulsory acquisition of land.

290. Applications for orders.

291. Service of notices under the Transport and Works Act 1992.

292. Applications and objections procedure.

293. Model clauses.

294. Objections.

295. Inquiries and hearings.

296. Special parliamentary procedure.

297. Making or refusing orders.

298. Environmental information.

299. Exercise of Secretary of State or Welsh Ministers' functions by appointed person.

300. Notice requirement for orders authorising compulsory acquisition.

301. Assimilation of procedures.

302. Schemes of national significance.

303. Validity of orders.

304. Application of assessment and review provisions.

305. Procedure on review.

306. Effect of review.

307. Compensation for revocation or variation.

308. The Channel Tunnel.

309. Crossrail.

310. High Speed 2.

311. Obligation to make or maintain accommodation works.

312. Land required for accommodation works.

313. Remedy for non-performance.

314. When accommodation works need not be constructed.

315. Additional works by adjoining owners.

316. Settlement of differences.

317. Limitation of time for requiring works.

318. Gates, bridges, etc.

319. Right of way over railway crossings.

320. Extent of obligation to make accommodation crossings.

321. Rights pending execution of the works.

322. Fences, gates and stiles.

323. Nature of obligation to fence.

324. Works to carry away water.

325. Watering places.

326. Work for the purposes of avoiding danger or preventing accident.

327. Milestones.

328. Damage to roads.

329. Repair of works.

330. Railway lines crossing highways.

331. Bridges carrying railways over roads.

332. Bridges carrying roads over railways.

333. Width of bridge.

334. Gradients of roads.

335. Bridges over navigable tidal waters.

336. Movable bridges.

337. Overview of the law relating to railway level crossings.

338. Manner of crossing public crossings.

339. Manner of crossing private crossings.

340. Protection of public crossings other than under the Level Crossings Act 1983.

341. Protection of public crossings under the Level Crossings Act 1983.

342. Nature of protection of private crossings.

343. Replacement of level crossings by bridges over public carriage roads.

344. Public footpaths, bridleways and restricted byways over railways.

345. Rights to enter land.

346. Default powers of Secretary of State.

347. Extent of undertaker's statutory obligation.

348. Duty of undertakers to the public.

349. Gatekeeper's duty.

350. Lighting of level crossings.

351. Extent of undertaker's common law obligations.

352. Operation of assets without authorisation or exemption under the Railways Act 1993.

353. Provision of train services without authorisation by European licence.

354. Provision of train services without valid SNRP.

355. Failure to send new or amended access agreement to ORR.

356. Contravention of health and safety provisions.

357. Contravention of direction imposing limitation on speeds or weights.

358. Contravention of direction requiring insurance against liability in respect of death or personal injury.

359. Contravention of direction requiring railway industry to investigate accident or incident.

360. Offences associated with accident investigation and reporting.

361. Principal offences involving drink or drugs.

362. Constables' powers to require breath tests.

363. Constables' powers to require specimens for analysis.

364. Constables' powers to take specimens of blood from persons incapable of consenting.

365. Protection for hospital patients against provision of specimens.

366. Use of specimens in proceedings for offences involving drink or drugs.

367. Obstruction of officers or agents of railway undertaker.

368. Obstruction of construction works.

369. Placing wood etc on railway, taking up rails, turning points, showing or hiding signals etc with intent to endanger passengers

370. Casting stone etc upon a railway carriage, with intent to endanger the safety of any person therein, or in any part of the same train

371. Doing or omitting anything so as to endanger passengers by railway

372. Obstructing engines on a railway.

373. Interference with milestones.

374. Conduct affecting the efficiency of the British Transport Police Force.

375. Contravention of or failure to comply with direction given in emergency situations.

376. Failure to comply with instruction given in security situations.

377. Control of alcohol on trains

378. Contravention of byelaws.

379. Penalty for defacing boards exhibiting byelaws.

380. Offences in relation to tickets.

381. Travelling with intent to avoid payment.

382. Penalty fares.

383. Requirement to produce a ticket.

384. Penalty fares.

385. Amount of a penalty fare.

386. Collectors.

387. Penalty fares and criminal offences; recovery of penalty fare as a civil debt.

388. Requirement for a person to give name and address.

389. Operator requirements.

390. Public level crossings.

391. Private level crossings.

392. Penalty for trespass.

393. Right to exclude trespassers.

394. Ouster of jurisdiction of the court.

395. Penalty for trespassing on railways.

396. Removal of trespassers and persons misconducting themselves.

397. Failures associated with notices requiring information from licence holders.

398. Failures associated with notices requiring information for enforcement purposes.

399. Failures associated with notices requiring information for railway safety functions.

400. Failures associated with notices requiring information for transfer schemes.

401. Offence of making false statements under the Railways Act 1993.

402. Offence of making false statements in relation to a railway undertaking licence.

403. Offence of making false statements in relation to infrastructure access and management.

404. General restrictions on disclosure of information under the Railways Act 1993.

405. Irregular use of information disclosed pursuant to the railway safety functions.

406. Civil liability for breach of health and safety provisions.

407. Civil proceedings for contravention of duty imposed by infrastructure access and management provisions.

408. Summary recovery of damages and penalties under the Railways Clauses Consolidation Act 1845.

409. Liability of railway undertakers for accidents to employees.

410. Liability of railway undertakers to persons who are not employees.

411. Statutory liability of owners of engines and carriages for trespass or damage.

412. Statutory authority as a defence to actions in nuisance.

413. Liability of bodies corporate for offences under the Railways Act 1993.

414. Liability of bodies corporate for offences relating to the licensing of railway undertakings.

415. Liability for offence by bodies corporate relating to infrastructure access and management.

416. Liability for contraventions of safety verification requirements.

417. Liability for contravention of miscellaneous railway safety provisions.

418. Common carriers.

2. Tramways

419. Early tramway legislation.

420. Light railway legislation.

421. Contemporary tramway legislation.

422. Meaning of 'tramway'.

423. Terminology and status of tramway vehicles.

424. Authorisation of tramways.

425. Continuing application of the Tramways Act 1870.

426. Construction of track.

427. Interference with roads.

428. Interference with bridges.

429. Interference with level crossings.

430. Reinstatement of roads.

431. Repair of roads.

432. Agreements with road authorities.

433. Interference with particular apparatus of other undertakers.

434. Interference with sewers and drains.

435. Electrical interference.

436. Right to break open roads in which tramways lie.

437. Obstruction of construction works.

438. Settlement of differences.

439. Carriages.

440. Charging of fares.

441. Non-payment of fares.

442. Byelaws.

443. Procedure for making byelaws.

444. Dangerous goods on tramways.

445. Obstruction of operation.

446. Rights of promoters.

447. Liabilities of promoters.

448. Discontinuance and insolvency.

449. Compulsory sale.

450. Voluntary sale.

451. Power of tramway operator to lease tramway.

452. Grant of licences to use tramway.

453. Terms of licences.

454. Rights of promoters under a licence.

455. Recovery of charges.

456. Recovery of penalties.

457. Secretary of State's power to make rules.

458. Authorisation of light railways.

459. Continuing validity of previous light railway orders.

460. Application of enactments and conferment of powers.

461. Light railway companies.

462. Managing body and working of railway as light railway.

463. Financial provisions.

464. Acquisition of light railways by other bodies.

465. Power of local authority to construct.

466. Power of a local authority to raise money.

467. Ancillary provisions.

468. Determination of disputes.

469. Evolution and effect of the Transport and Works Act 1992.

470. Scope of the Transport and Works Act 1992.

471. Orders involving European sites.

472. General procedures.

473. Model clauses for incorporation in orders: general.

474. Model clauses: works powers.

475. Model clauses: powers of compulsory acquisition.

476. Model clauses: operating powers.

477. Model clauses: miscellaneous matters.

478. Validity of orders.

479. Power to make advances.

480. Supply, works and services contracts.

481. Authorisation and control of street works.

482. Rail crossing extinguishment and diversion.

483. Protection of private crossings.

484. Rights to enter land to put in place signs and barriers.

485. Default powers of the Secretary of State.

486. Offence of failing to comply with signs.

487. Responsibility for safety of tramways.

488. Extension of health and safety at work provisions to tramways.

489. Prevention, reporting and investigation of accidents.

490. Approval of works, plant and equipment.

491. Safety critical work, directions limiting speeds and loads, train protection systems.

492. Accessibility regulations.

493. Liability for noise.

494. Insurance.

495. Application of road traffic Acts.

496. Offences involving drink and drugs.

497. General position.

498. Requirement for statutory authorisation.

499. Application of road traffic Acts and other legislation.

500. Prescribed modes of guided transport.

501. Application of other legislation.