This item was published during the term of a previous administration that ended in April 2007
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Transfer of rail power to Executive
17/10/2005
The transfer today of the new rail powers to Scottish Ministers marks the most significant transfer of powers since devolution.
The powers will allow the devolved government of Scotland to:
- determine the long term future for rail in Scotland
- manage and monitor the performance of the rail franchise, with sole responsibility for securing future franchise agreements ensuring services meet passengers needs
- fund and control the tracks through Network Rail ensuring all parts of the rail system are joined up.
Transport Minister Tavish Scott said:
"This transfer of powers to Scottish Ministers means we can now work to ensure all the key players are working together to provide a modern, reliable rail service for Scotland. Passengers want a train service which meets their needs and expectations - whether business or social.
"Transfer of powers increases the level of accountability Scottish Ministers have to the Scottish Parliament in ensuring our rail network meets the needs of all rail users, passengers and businesses.
"Rail devolution is good news because it provides us with the opportunity to ensure we consider the needs of the Scottish network as a whole."
The powers transferring are those requiring legislative change as a result of the Railways Act 2005. In relation to Scotland, these will enable Scottish Ministers to:
- Specify and fund outputs required from Network Rail in Scotland
- Publish a Scottish Railway Strategy
- Designate, let, fund and manage Scottish franchises, and publish a Statement of Policy on franchising
- Enforce Scottish franchises in accordance with the Railways Act 1993 procedure
- Set fares
- Publish a code of practice for disabled passengers
- Appoint a member of the Rail Passengers Council
- Give financial assistance to any person for the purpose of developing Scottish railways - passenger, freight, Network Rail
- Publish guidance on proposals for closures of Scottish railway services/facilities; and make any proposals to ORR for closures of services that the Scottish Ministers fund or that a Scottish operator wishes to withdraw
- Designate, where applicable, new Scottish services as experimental for a trial period of five years
- Approve railway operators' byelaws in respect of services and facilities within Scotland. Approve byelaws for cross-border operators jointly with the Secretary of State.
- Be the Operator of Last Resort if Scottish franchises are withdrawn or end and another franchisee is not appointed
- Be able to apply to the courts for railway administration orders in respect of Scottish franchises
- Have powers to make secondary legislation in Scotland in a number of circumstances where there is a power for the Secretary of State to do so in England and Wales - e.g. Penalty Fares Regulations
Sufficient funding to cover all of the new responsibilities will be transferred to the Scottish Ministers. It will be around £360 million, covering administration spend, the costs of operating, maintaining and renewing the network and providing funding which will enable a range of enhancements to Scotland's railways. The Office of Rail Regulation's determination of the Regulatory Asset Base for Scotland has allowed this figure to be calculated.