HL Deb 16 July 2002 vol 637 c128WA
The Earl of Mar and Kellie

asked Her Majesty's Government:

Which aspects of railway activity are devolved, by any means, in Scotland; and [HL4845]

Which aspects of railway activity in Scotland are reserved matters. [HL4846]

Lord McIntosh of Haringey

Head E.2 of Schedule 5 to the Scotland Act 1998 defines the following as reserved railway activities affecting Scotland: provision and regulation of railway services; rail transport security, including the on-railways activities of the British Transport Police; the subject matter of the Channel Tunnel Act 1987; and the subject matter of the Railway Heritage Act 1996; with exceptions to the above as follows:

Grants so far as relating to railway services; but this exception does not apply in relation to:

  1. (a) the subject matter of Section 63 of the Railways Act 1993 (government financial assistance where railway administration orders made);
  2. (b) "railway services" as defined in Section 82(1)(b) of the Railways Act 1993 (carriage of goods by railway); or
  3. (c) the subject matter of Section 136 of the Railways Act 1993 (grants and subsidies).

Interpretation of "railway services" has the meaning given by Section 82 of the Railways Act 1993 (excluding the wider meaning of "railway" given by Section 81(2) of that Act).

By virtue of the terms of the Scotland Act, all other matters relating to railway activities in or affecting Scotland are devolved. In addition, the following are devolved by virtue of orders made under the Scotland Act: administration of freight facilities and freight track access grants within Scotland; appointment of chairman of Rail Passengers Council (RPC) for Scotland and the tabling of the reports of the RPC before the Scottish Parliament; directions and guidance to the Strategic Rail Authority for Scottish passenger services, directions and guidance for Scottish sleeper services, and advice to the Strategic Rail Authority for cross Border services; legislative competence over the rail responsibilities of the Strathclyde Passenger Transport Executive/Authority and any new such bodies; transfer of funding for the ScotRail franchise; legislative competence over the promotion and construction of new railways in Scotland; and local transport strategies.