Commentary on Sections and Schedules Conduct and accessibility on railways Section 46: Bye-laws
156.Section 46 enables railway operators to make bye-laws, subject to confirmation by the Secretary of State and, where appropriate, the Scottish Ministers, to enable them and the police to control the conduct and behaviour of people using the railways. It also provides a mechanism governing the making of such bye-laws.
157.Subsection (1) defines the specific circumstances which the bye-laws can be made to regulate.
158.Subsection (2) lists some of the specific activities which the bye-laws may regulate including the issue of tickets, fare evasion, obstructing or interfering with the working of the railway, smoking, causing a nuisance, receipt and delivery of goods, and control of bicycles and other vehicles on footways.
159.Subsection (3) gives effect to Schedule 9, which provides the procedure for the making of bye-laws.
160.Subsection (4) ensures that existing bye-laws made by the Strategic Rail Authority continue to have effect until they are revoked.
161.Subsections (5) and (6) provide the Secretary of State with an order making power to revoke or amend bye-laws made by the Strategic Rail Authority and other bye-laws currently in force.
162.Subsection (7) defines the meaning of "railway operator" in the context of the power to make bye-laws under subsection (1).
163.Subsection (8) enables bye-laws to be applied to railway assets operated by a railway operator or rolling stock which a railway operator manages.