The Committee divided: - Ayes: 0 / Noes: 0 - Smith, Sarah
The Committee divided: - Ayes: 0 / Noes: 0 - Smith, Sarah
The Committee divided: - Ayes: 0 / Noes: 0 - Smith, Sarah
The Committee divided: - Ayes: 0 / Noes: 0 - Smith, Sarah
The Committee divided: - Ayes: 0 / Noes: 0 - Smith, Sarah
The Committee divided: - Ayes: 0 / Noes: 0 - Smith, Sarah
The Committee divided: - Ayes: 0 / Noes: 0 - Smith, Sarah
The Committee divided: - Ayes: 0 / Noes: 0 - Smith, Sarah
The Committee divided: - Ayes: 1 / Noes: 9 - Question accordingly negatived.
The Chair
With this it will be convenient to discuss the following:
Government amendments 187 to 199.
Schedule 3.
Clause 88 stand part.
Keir Mather
Clause 87 points towards schedule 3, which contains minor and consequential amendments arising from the Bill. The Bill has broadened its scope, and much of the related previous legislation will need altering slightly. These minor and consequential amendments allow for the necessary changes and updates to be made, and will help propel the Bill forward. I therefore commend the clause and schedule 3 to the Committee.
Amendments 188, 191 to 193 and 196 to 199 in my name are consequential amendments to the Railways Act 1993, the Railways Act 2005 and the Greater London Authority Act 1999 that reflect the removal of franchising. The new provisions about railway passenger services and the creation of GBR. For example, it was necessary to make some amendments to the closures regime in the 2005 Act as it was aligned with the franchising system in the 1993 Act, whereas we now need it to align with the Bill. Importantly, there is no change to the outcome to the closures process, and the role of the ORR and Ministers is not changing.
Amendment 190 ensures that documents sent in accordance with the Railways Act 1993 and the Bill can be sent electronically. It is a common and standard amendment to reflect technological developments. Amendments 187, 189, 194 and 195 remove provisions that are no longer necessary.
The last thing I will address in this group is clause 88, which I commend to the Committee. It will give the Secretary of State powers to make amendments that are consequential to the Bill. That will ensure that the statute book is tidy and appropriately reflects the changes the Bill makes. I stress that this power cannot be used to make policy changes and is intended only to ensure that the outcomes of the Bill are not hindered or confused by existing legislation that should have been consequentially amended.
Keir Mather
I thank the shadow Minister for that.
Question put and agreed to.
Clause 87 accordingly ordered to stand part of the Bill.
Schedule 3
Minor and consequential amendments
Amendments made: 186, in schedule 3, page 70, line 27, at end insert—
“7A In section 18, omit subsection (6A).”
This amendment removes provision about franchised and operator of last resort services, which will no longer be necessary.
Amendment 187, in schedule 3, page 70, line 28, at end insert—
“8A In section 22(1), omit ‘or Schedule 4A to this Act’.
8B In section 22C(2), for ‘, subsection (1) above or Schedule 4A to this Act’ substitute ‘or subsection (1) above’.”
This amendment removes provision referring to Schedule 4A to the Railways Act 1993, in consequence of the repeal of that Schedule by the Bill.
Amendment188, in schedule 3, page 72, line 28, at end insert—
22A “(1) Section 130 is amended as follows.
(2) In subsections (1ZA) and (1ZB), omit ‘under Welsh franchise agreements’.
(3) In subsection (1ZC)(a)(ii), omit ‘under a Welsh franchise agreement’.
(4) In subsection (1A), for paragraphs (a) and (b) substitute—
‘(a) a Scotland-only service; or
(b) any other railway passenger service provided or secured to any extent by the Scottish Ministers.’.”
This amendment makes changes to the penalty fare provisions of the Railways Act 1993 that reflect the way passenger services will be provided under Part 2 of the Bill.
Amendment 189, in schedule 3, page 72, line 34, at end insert—“23A Omit section 136.”
This amendment repeals section 136 of the Railways Act 1993, which is no longer necessary.
Amendment 190, in schedule 3, page 73, line 12, at end insert—
“24A (1) Section 149 is amended as follows.
(2) In subsection (1)—
(a) after ‘this Act’ insert ‘or the Railways Act 2026’,
(b) after paragraph (a) insert—
‘(aa) by sending it to the person by agreed electronic means (for example, by email to an agreed address); or’, and
(c) in paragraphs (b) and (c), after ‘paragraph (a)’ insert ‘or (aa)’.
(3) After that subsection insert—
‘(1A) Subsection (1)(aa) does not apply in relation to a document required or authorised by virtue of sections 118 to 120 or 149A to be given or served by the Secretary of State to or on any person.’
(4) After subsection (3) insert—
‘(3A) A notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given on the working day immediately following the day on which it was sent.’
(5) At the end of subsection (5) insert—
‘“working day” means any day other than—
(a) a Saturday or a Sunday,
(b) Christmas Day or Good Friday; or
(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.’”
This amendment allows for the electronic service of documents under the Railways Act 1993 and the Bill.
Amendment 191, in schedule 3, page 73, line 13, at end insert—
“25A (1) Schedule 6 is amended as follows.
(2) Omit paragraph 1(aa).
(3) In paragraphs 3, 7(2) and (4), 8, 9 and 10(5), for ‘appropriate national authority’, in each place it occurs, substitute ‘Secretary of State’.
25B In paragraph 1(1) of Schedule 11, in the definition of ‘eligible person’, in paragraph (a)(ii) for the words from ‘or a body’ to ‘agreement’ substitute ‘, Great British Railways or a subsidiary of Great British Railways’.”
This amendment makes consequential amendments of the provision about railway administration orders and provides for employees of Great British Railways and its subsidiaries to be eligible persons for the purposes of pension schemes.
Amendment 192, in schedule 3, page 73, line 34, at end insert—
“27A (1) Section 163 is amended as follows.
(2) In subsection (4A)—
(a) for ‘Network Rail Limited’, in each place it occurs, substitute ‘Great British Railways’;
(b) for ‘Network Rail’, in both places it occurs, substitute ‘Great British Railways’.
(3) In subsection (8)—
(a) in the definition of ‘land used by Network Rail’, for ‘Network Rail’, in each place it occurs, substitute ‘Great British Railways’;
(b) omit the definition of ‘Network Rail’.”
This amendment amends provisions of the Greater London Authority Act 1999 to reflect the new role of GBR.
Amendment 193, in schedule 3, page 73, line 36, leave out from “(1)(a)(ii)” to the end and insert
“for ‘franchise agreements,’ substitute ‘a public service contract awarded as mentioned in section 31(2) of the Railways Act 2026,’”.
This amendment provides for the duty to co-operate for the purpose of co-ordinating public transport for travel to and in Greater London to apply in relation to services provided under a public service contract awarded under clause 31(2).
Amendment 194, in schedule 3, page 74, line 2, at end insert—“29A Omit section 205.”
This amendment repeals a spent provision of the Greater London Authority Act 1999 relating to franchise agreements.
Amendment 195, in schedule 3, page 74, line 8, at end insert—
“32A Omit sections 3 and 4.”
This amendment repeals provisions of the Railways Act 2005, which are no longer required due to the provision made by this Bill.
Amendment 196, in schedule 3, page 74, line 11, at end insert—
“33A In section 6, omit subsections (5), (6) and (8).
33B (1) Section 8 is amended as follows.
(2) Omit subsections (1), (7) and (8).
(3) In subsection (2) omit—
(a) ‘also’; and
(b) ‘otherwise than under franchise agreements’.
(4) In subsection (5), omit ‘(1) or’.
(5) In the heading, omit ‘Franchising and’.
33C (1) Section 10 is amended as follows.
(2) Omit subsections (1), (3), (6), (10) and (11).
(3) In subsection (4) omit—
(a) ‘also’; and
(b) ‘otherwise than under franchise agreements’.
(4) In subsection (8), omit ‘(3) or’.
(5) In the heading, omit ‘Franchising and’.”
This amendment and amendments 197 and 198 amend provisions of the Railways Act 2005 to account for changes made by this Bill, in particular the ending of the franchise system.
Amendment 197, in schedule 3, page 74, line 12, at end insert—
“34A Omit section 16.
34B Omit section 18.
34C Omit section 20.
34D (1) Section 22 is amended as follows.
(2) In subsection (1)(a), for the words from ‘in’ to the end substitute ‘under section 31 of the Railways Act 2026;’.
(3) Omit subsection (10).
(4) In the heading, omit ‘non-franchised’.
34E (1) Section 23 is amended as follows.
(2) In subsection (1)(a), for the words from ‘in’ to the end substitute ‘under section 31 of the Railways Act 2026;’.
(3) Omit subsection (8).
(4) In the heading, omit ‘non-franchised’.
34F (1) Section 24 is amended as follows.
(2) In subsection (2)(a), for ‘a franchised service’, substitute ‘a service provided under section 31 of the Railways Act 2026’.
(3) In subsection (7), omit ‘franchise agreement or any other’.
(4) For subsection (9) substitute—
‘(9) The duty of the national authority under subsection (8) is discharged without its taking further steps so long as the provisions of any arrangements, in force at the time of the proposal, so far as they require the provision of the services, continue in force without modification.’
(5) In the heading, omit ‘franchised or’.
34G In section 32(12)—
(a) omit ‘franchise agreement or other’;
(b) in paragraph (a), omit ‘franchised service or’;
(c) in the words after paragraph (b), omit ‘agreement or’.
34H In section 34(2B), omit ‘under a Welsh franchise agreement’.
34I In section 35(6C), omit ‘under a Welsh franchise agreement’.
34J For section 36(7) substitute—
‘(7) Where a service is designated as experimental or its designation is extended, the person designating must give notice of the designation or extension to the person who is to provide the service.’
34K (1) Section 37 is amended as follows.
(2) In subsection (1)(a), for ‘a franchise agreement under which’ substitute ‘arrangements under which it is required that’.
(3) In subsection (2)(a), for ‘a franchise agreement’ substitute ‘arrangements of the type mentioned in subsection (1)(a)’.
34L In section 38(2A), omit ‘under a Welsh franchise agreement’.
34M In section 39, omit subsections (1) to (3).
34N (1) Section 40 is amended as follows.
(2) For subsections (4) and (5) substitute—
‘(4) For the purposes of this section the appropriate national authority is—
(a) in a case where the railway passenger service that is interrupted or discontinued is a service which may be designated under section 25 of the Railways Act 2026, the Secretary of State;
(b) in a case where the railway passenger service that is interrupted or discontinued is a service which may be designated under section 26 of that Act, the Scottish Ministers;
(c) in a case where the railway passenger service that is interrupted or discontinued is a service which may be designated under section 27 of that Act, the Welsh Ministers,
and where in any case there is more than one appropriate national authority they shall each have the powers conferred by this section.’
34P (1) Section 41 is amended as follows.
(2) In subsection (2), after ‘Passenger Transport Executive,’ insert ‘a mayoral combined authority, a mayoral combined county authority,’.
(3) In subsection (4), in both places it occurs, after ‘Passenger Transport Executive’, insert ‘, mayoral combined authority or mayoral combined county authority’.
34Q In section 42(1B), omit ‘under a Welsh franchise agreement’.
34R (1) Section 45 is amended as follows.
(2) In subsection (1)—
(a) at the appropriate place, insert—
‘“mayoral combined authority” and “mayoral combined county authority” have the same meanings as in the English Devolution and Community Empowerment Act 2026;’
(b) in the definition of ‘railway funding authority’, after paragraph (d) insert—
‘(da) a mayoral combined authority;
(db) a mayoral combined county authority;’;
(c) in the definition of ‘secured service’ omit paragraph (a).
(3) In subsection (5A) omit ‘under a Welsh franchise agreement’.
(4) In subsection (8), at the end insert ‘or in an Act or a Measure of Senedd Cymru’.”
See the explanatory statement for amendment 196.
Amendment 198, in schedule 3, page 74, line 13, at end insert—
“35A For section 48(4) substitute—
‘(4) In this section “relevant Scottish service” means—
(a) a Scotland-only service;
(b) a railway passenger service that is provided to any extent under section 31(3) of the Railways Act 2026; or
(c) a station service provided in relation to a station in Scotland at which services falling within paragraph (a) or (b) make a scheduled call.’
35B For section 48A(4) substitute—
‘(4) In this section “relevant Welsh service” means—
(a) a railway passenger service that is provided to any extent under section 31(4) of the Railways Act 2026; or
(b) a station service provided in relation to a station at which only services falling within paragraph (a) make a scheduled call.’”
See the explanatory statement for amendment 196.
Amendment 199, in schedule 3, page 74, line 14, at end insert—
“36A Omit Schedule 4.
36B In paragraph 3(2) of Schedule 7, after paragraph (e) insert—
‘(ea) if the proposal affects its area, a mayoral combined authority;
(eb) if the proposal affects its area, a mayoral combined county authority;’”—(Keir Mather.)
This amendment amends the Railways Act 2005 to make consequential provision related to the functioning of GBR.
Schedule 3, as amended, agreed to.
Clause 88 ordered to stand part of the Bill.
Clause 89
Regulations
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Government amendment 200.
Clauses 90 to 93 stand part.
Keir Mather
Clause 89 provides clarity on the regulations that may be made under the powers granted by this Bill by listing the procedures that will apply to them.
Amendment 200, in my name, provides a definition of passenger transport executive for an integrated transport area. This is required in the Bill, as provisions elsewhere repeal a definition included in the 1993 Act that could otherwise have been relied on.
Passenger transport executives were established by the Transport Act 1968 to provide and coordinate public transport across modes in major urban areas. The evolving landscape of devolution has seen some authorities choose to absorb passenger transport executive functions into their mayoral combined authorities. However, the Greater Manchester, Liverpool City Region and North East combined authorities have chosen to retain separate passenger transport executives to deliver transport functions. This is a technical amendment, consistent with existing policy. It provides certainty for areas in England that still operate passenger transport executives, and supports wider Government commitments to close collaboration with local partners. I encourage Members to support it.
I will now address clauses 90, 91, 92 and 93. Clause 90 provides definitions and explanations of the words and phrases used in the Bill. Clause 91 sets out that the Bill extends to England, Wales and Scotland, and that clause 86, on the Luxembourg protocol, also extends to Northern Ireland. Clause 92 sets out the details of when a number of clauses will come into effect; clauses 85, 86, 88 to 91, 92 and 93 will all come into force on the day that the Bill receives Royal Assent, while the remaining provisions will come into force on the day, or days, set by the Secretary of State in regulations. Clause 93 sets out that this Bill, once it has become an Act, can be known as the Railways Act 2026.
For the very final time, I commend the clauses to the Committee.
Jerome Mayhew
Before I respond to that, Mr Western, is this my last opportunity to speak in the Committee?
Olly Glover (Didcot and Wantage) (LD)
It is a pleasure to serve under your chairship, Mr Western, during the final hour of this Bill Committee. May I briefly associate myself with the remarks of the shadow Minister? I thank everybody for their courteous and warm-spirited approach to proceedings, and I thank all the Chairs and the Public Bill Office for all their assistance.
Keir Mather
May I begin by thanking everyone personally for the way that they have conducted themselves and approached the Bill? As a relatively new Minister taking on my first major piece of legislation, I have appreciated enormously the constructive approach of Members across the Committee. I want to read into the record my personal thanks, in particular, to those on the Government Benches: my hon. Friends the Members for Beckenham and Penge, for Bexleyheath and Crayford, for South Dorset, for Truro and Falmouth, for Wrexham, for Derby South, for Hyndburn and for Birmingham Northfield, as well as the Comptroller of His Majesty’s Household, my hon. Friend the Member for Barking, and the Under-Secretary of State for Transport, my hon. Friend the Member for Nottingham South.
I extend my thanks to the shadow Minister, who has worked assiduously to bring forward a number of constructive proposals, which, by virtue of us having had the opportunity debate them at length, I think have teased out interesting questions about how the Bill will progress, provided an important buttress against pre-conceived notions and allowed us to explore some of the issues in depth. I thank him for the constructive way in which he has engaged in the process.
Although he is not in his place, I thank the right hon. Member for Melton and Syston, who approached the Committee in his good-natured way, and I thank the hon. Member for South West Devon, who made many valid and respected contributions. The hon. Member for Didcot and Wantage certainly kept me on my toes on all aspects of railway nerdery—buttressed by his hon. Friend the hon. Member for West Dorset—and I thank him for it. The hon. Member for Isle of Wight East was characteristically forensic in his scrutiny of specific aspects of the Bill, and I thank him for his hard work.
May I also thank my Bill team, who have done an incredible amount of hard work over many months, predating my occupancy of this role, to make this piece of legislation possible? It is enormously appreciated. I thank all the Doorkeepers for facilitating our Divisions and keeping us safe; the Clerks for their assiduous work; and all the Chairs who have been in charge of our proceedings.
It falls to me finally to say that regardless of individual Members’ perspectives on the merits and demerits of certain aspects of the Bill, it is one of the most consequential pieces of railways legislation that have come before this House in the last century. I am very proud to have been a part of it, and I have enjoyed it very much because of the contributions of everyone in this room. Thank you, all.
Question put and agreed to.
Bill, as amended, accordingly to be reported.