Question to the Department for Transport:

To ask the Secretary of State for Transport, what statutory arrangements are in place to penalise rail franchises which consistently perform poorly; and how often such arrangements have been called on since 2010.

Section 55 of the Railways Act 1993 (as amended) gives the Secretary of State power to make an Enforcement Order where a train operator contravenes a term of the franchise agreement. Such an Order may require the train operator to take specified steps to address the contravention and can include a requirement to pay a penalty if the Train Operator contravenes the Order.

Section 57A of the Railways Act 1993 (as amended) gives the Secretary of State a separate power to impose a penalty for contravention of a term of the franchise agreement as an alternative to making an Enforcement Order or in addition to such an Order (provided that the Order does not include a penalty provision).

Since 2010 no train operator has been required to make a payment for breach of an Enforcement Order under section 55. Some 13 Enforcement Orders under Section 55 have been issued, and one train operator has been required to make a penalty payment imposed under section 57A.