The Railway Byelaws Amendment Order 2025
The Secretary of State for Transport enacted this Order to amend the standing Railway Byelaws originally made in 2005.
The primary changes involve modernizing the language across multiple byelaws by replacing gendered pronouns with neutral alternatives, and specifically prohibiting the use of electronic cigarettes on railway property where smoking is banned.
Furthermore, the Order revises provisions related to vehicle control, obstructions, and parking by separating the rules for England and Wales (introducing new Byelaw 14A) from those for Scotland (Byelaw 14B), while also substituting the term "penalty" with "fine" for clarity regarding criminal enforcement.
Arguments For
Updating existing railway byelaws to ensure gender-neutral language is used throughout, modernizing legal text.
Extending smoking prohibitions to include electronic cigarettes and similar devices on railway premises where notices prohibit smoking.
Separating and clarifying rules regarding vehicle control, obstructions, and parking for England/Wales (Byelaw 14A) versus Scotland (Byelaw 14B), allowing for better regional application.
Clarifying that penalties mentioned in the byelaws refer specifically to 'fines' (criminal penalties) rather than contractual penalties.
Ensuring that definitions, such as 'Operator', remain relevant by including successor organizations of those originally listed.
Arguments Against
Introducing new prohibitions, such as banning e-cigarettes, which may require significant enforcement efforts and compliance monitoring across rail networks.
The expansion of vehicle removal and storage powers in England and Wales (Byelaw 14A(5)) might lead to disputes regarding what constitutes a necessary circumstance for vehicle removal.
The administrative burden of updating all railway notices to reflect the new rules, particularly regarding e-cigarettes.
The introduction of specific parking rules in Scotland (Byelaw 14B(4)) may create regulatory complexity where contractual parking schemes already exist, potentially conflicting with local arrangements.
The Secretary of State for Transport, in exercise of the powers conferred by section 46(5) of the Railways Act 2005
, makes the following Order.
The Secretary of State for Transport is officially issuing this Order, using the legal authority granted by Section 46(5) of the Railways Act 2005.
Citation and commencement
1.
This Order may be cited as the Railway Byelaws Amendment Order 2025 and comes into force 29 days after the day on which it is made.
This legislation is formally titled the Railway Byelaws Amendment Order 2025.
The provisions of the Order legally take effect 29 days following the date the Order is officially established.
Amendment of the Railway Byelaws
2.
The Railway Byelaws made under section 219 of the Transport Act 2000
by the Strategic Rail Authority
, as amended by the Railway Byelaws Amendment Order 2011
and the Railway Byelaws Amendment Order 2013
, are amended in accordance with articles 3 to 20.
This section specifies that the existing Railway Byelaws, which were initially created under the Transport Act 2000 and previously modified in 2011 and 2013, are now subject to amendments detailed in Articles 3 through 20 of this new Order.
Amendment of Byelaw 2
3.
In Byelaw 2(1), for “him” substitute “them”.
Article 3 changes Byelaw 2(1) by replacing the singular masculine pronoun "him" with the gender-neutral pronoun "them" throughout the text.
Amendment of Byelaw 3
4.
(1)
Byelaw 3 is amended as follows.
(2)
The existing text becomes Byelaw 3(1).
(3)
After new Byelaw 3(1), insert—
“(2)
No person shall smoke an electronic cigarette or other like device on any part of the railway on or near which there is a notice indicating that smoking is not allowed.”.
This introduces a new restriction into Byelaw 3.
The existing content of Byelaw 3 is renumbered as 3(1), and a new subsection, 3(2), is added which makes it an offence to use electronic cigarettes or similar devices where smoking is prohibited by signage on railway property.
Amendment of Byelaw 4
5.
(1)
Byelaw 4 is amended as follows.
(2)
In Byelaw 4(2), for “with him”, in each place it occurs, substitute “in their possession”.
(3)
In Byelaw 4(3)—
(a)
omit “with him” in the first place it appears,
(b)
after “liquor” in the first place it appears, insert “in their possession”,
(c)
in sub-paragraph (i), for “him” substitute “them”,
(d)
in sub-paragraph (ii)—
(i)
for “him”, in the first place it occurs, substitute “that person”,
(ii)
for “he has” substitute “they have”,
(iii)
for “with him” substitute “in their possession”.
Article 5 makes specific changes to Byelaw 4 concerning possession of items.
It substitutes references to a person carrying something 'with him' with 'in their possession' in subsection 4(2).
Subsection 4(3) involves several substitutions to remove gendered phrasing and ensure consistency in referring to the individual involved, using terms like 'them' and 'that person'.
Amendment of Byelaw 5
6.
(1)
Byelaw 5 is amended as follows.
(2)
For “he is” substitute “they are”.
(3)
For “his” substitute “their”.
Article 6 updates Byelaw 5 by replacing gender-specific possessive pronouns. 'He is' is replaced by 'they are', and 'his' is replaced by 'their' throughout the byelaw.
Amendment of Byelaw 7
7.
In Byelaw 7(3), for “with him” substitute “in their possession”.
Byelaw 7(3) is altered to change the reference 'with him' to 'in their possession', standardizing the language regarding possession.
Amendment of Byelaw 9
8.
In Byelaw 9(3), for “him” substitute “that person”.
Byelaw 9(3) is modified to refer to the individual as 'that person' instead of using the pronoun 'him'.
Amendment of Byelaw 12
9.
In Byelaw 12(2), for “he believes he” substitute “that authorised person believes they”.
Article 9 updates Byelaw 12(2) to make the phrasing gender-neutral, changing references about belief to use 'that authorised person believes they' instead of 'he believes he'.
Amendment of Byelaw 13
10.
In Byelaw 13(1)(ii), for “he” substitute “that person”.
Byelaw 13(1)(ii) is revised by replacing the pronoun 'he' with the term 'that person'.
Amendment of Byelaw 14
11.
(1)
Byelaw 14 is amended as follows.
(2)
Omit Byelaw 14.
(3)
Before Byelaw 15 insert—
“14A.
Traffic signs, causing obstructions and parking in England and Wales
(1)
This Byelaw applies only in England and Wales.
(2)
No person in charge of any motor vehicle, bicycle or other conveyance shall use it on any part of the railway in contravention of any traffic sign.
(3)
No person in charge of any motor vehicle, bicycle or other conveyance shall leave or place it on any part of the railway:
(i)
in any manner or place where it may cause an obstruction or hinderance to an Operator or any person using the railway; or
(ii)
otherwise than in accordance with any instructions issued by or on behalf of an Operator or an authorised person.
(4)
Any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14A(2) or (3) may be removed and stored, by or under the direction of an Operator or authorised person.
(5)
A motor vehicle, bicycle or other conveyance may also be removed and stored, by or under the direction of an Operator or authorised person if such Operator or authorised person reasonably believes doing so is necessary:
(i)
to deal with an emergency;
(ii)
to allow access to persons or vehicles to enable maintenance of the railway to be carried out; or
(iii)
to enable the safe and efficient operation of the railway.
(6)
In this Byelaw:
(i)
a traffic sign does not include an object or device for conveying the rules of a contractual parking scheme; and
(ii)
an instruction does not include any instruction conveying the rules of a contractual parking scheme.
14B.
Traffic signs, causing obstructions and parking in Scotland
(1)
This Byelaw applies only in Scotland.
(2)
No person in charge of any motor vehicle, bicycle or other conveyance shall use it on any part of the railway in contravention of any traffic sign.
(3)
No person in charge of any motor vehicle, bicycle or other conveyance shall leave or place it on any part of the railway:
(i)
in any manner or place where it may cause an obstruction or hinderance to an Operator or any person using the railway; or
(ii)
otherwise than in accordance with any instructions issued by or on behalf of an Operator or an authorised person.
(4)
No person in charge of any motor vehicle, bicycle or other conveyance shall park it on any part of the railway where charges are made for parking by an Operator or an authorised person without paying the appropriate charge at the appropriate time in accordance with instructions given by an Operator or an authorised person at that place.
(5)
Any motor vehicle, bicycle or conveyance used, left or placed in breach of this Byelaw may be removed by or under the direction of a constable.”.
This article substantially revises rules around traffic signs and vehicle parking.
The original Byelaw 14 is removed.
It inserts two new geographically specific byelaws: Byelaw 14A for England and Wales, which sets rules against driving contravening signs, creating obstructions, or disobeying instructions, and allows removal for emergencies or maintenance; Byelaw 14B for Scotland, which primarily mirrors 14A but adds a specific requirement to pay parking charges where applicable, allowing removal by a constable for breaches.
Amendment of Byelaw 15
12.
In Byelaw 15(1), for “he” substitute “that person”.
Byelaw 15(1) is amended to replace the pronoun 'he' with the gender-neutral term 'that person'.
Amendment of Byelaw 16
13.
In Byelaw 16(2), for “him” substitute “that person”.
Article 13 changes Byelaw 16(2) by substituting 'him' with 'that person'.
Amendment of Byelaw 17
14.
(1)
Byelaw 17 is amended as follows.
(2)
In Byelaw 17(1), for “he” substitute “that person” and for “him” substitute “them”.
(3)
In Byelaw 17(2), for “his” substitute “their”.
(4)
In Byelaw 17(3)—
(a)
in sub-paragraphs (i) and (ii), for “he began his” substitute “that person began their”,
(b)
in sub-paragraph (iii), for “him” substitute “that person”.
Article 14 revises Byelaw 17 across several subsections to remove gendered language.
Pronouns like 'he', 'him', and 'his' are replaced with 'that person' or 'them'/'their' for consistency.
Amendment of Byelaw 18
15.
(1)
Byelaw 18 is amended as follows.
(2)
In Byelaw 18(1), for “he has with him a valid ticket entitling him” substitute “that person is carrying a valid ticket entitling them”.
(3)
In Byelaw 18(2), for “his” substitute “their”.
(4)
In Byelaw 18(3)—
(a)
in sub-paragraphs (i) and (ii), for “he began his” substitute “that person began their”,
(b)
in sub-paragraph (iii), for “him” substitute “that person”.
Article 15 focuses on Byelaw 18, concerning tickets.
Subsection 18(1) is significantly rewritten to state that 'that person is carrying a valid ticket entitling them' instead of using the older male-specific phrasing.
Other instances of 'his' and 'him' are also updated to 'their' or 'that person'.
Amendment of Byelaw 19
16.
In Byelaw 19, for “him” substitute “them”.
Byelaw 19 is amended by replacing the pronoun 'him' with 'them'.
Amendment of Byelaw 21
17.
In Byelaw 21(4), for “his” substitute “their”.
Byelaw 21(4) is updated, replacing the possessive pronoun 'his' with 'their'.
Amendment of Byelaw 23
18.
In Byelaw 23(1), for “his” substitute “their”.
Byelaw 23(1) is modified to substitute the possessive pronoun 'his' with 'their'.
Amendment of Byelaw 24
19.
(1)
Byelaw 24 is amended as follows.
(2)
In Byelaw 24(1), for “penalty” substitute “fine”.
(3)
In Byelaw 24(2)(iv), for “him” substitute “them”.
(4)
In Byelaw 24(3)—
(a)
for “him” substitute “them”,
(b)
for “his” substitute “their”.
(5)
In Byelaw 24(6)—
(a)
for “his” substitute “that person’s”,
(b)
for “14” substitute “14A, 14B”.
Article 19 makes several key changes to Byelaw 24 concerning enforcement.
It replaces the word 'penalty' with 'fine' to clarify it refers to a criminal fine, not a contractual penalty.
It also updates gendered language and importantly updates cross-references in 24(6)(b) to point to the newly inserted Byelaws 14A and 14B instead of the old Byelaw 14.
Amendment of Byelaw 25
20.
(1)
Byelaw 25 is amended as follows.
(2)
In the definition of “authorised person”, for “his”, in each place it occurs, substitute “their”.
(3)
In the definition of “Operator”—
(a)
for “him” substitute “that person”,
(b)
for “and” substitute “or”,
(c)
for “those persons listed in Schedule One” substitute “any person listed in Schedule One and any person succeeding that person in the management or operation of a railway asset”.
(4)
In the definition of “valid ticket”, for “he is” substitute “they are”.
(5)
Omit Byelaw 25(4).
Article 20 amends the definitions in Byelaw 25.
The definition of 'authorised person' becomes gender-neutral regarding possession ('their').
The definition of 'Operator' is updated to ensure it includes successor bodies managing the assets of previously listed operators.
Additionally, the gendered language in 'valid ticket' definition is neutralised, and Byelaw 25(4) is removed entirely.
Signed by authority of the Secretary of State for Transport
Hendy of Richmond Hill Minister of State Department for Transport 27th November 2025
This section confirms that the Order was signed on November 27, 2025, by Hendy of Richmond Hill, acting as Minister of State under the authority of the Secretary of State for Transport.
EXPLANATORY NOTE (This note is not part of the Order)
This Order amends the Railway Byelaws which were made by the Strategic Rail Authority in 2005 under section 219 of and Schedule 20 to the Transport Act 2000.
Article 4 amends Byelaw 3, to make it an offence to use ‘electronic cigarettes’ as well as lit cigarettes and other lit items on railway premises.
Article 11 amends Byelaw 14, separating the provisions applying in England and Wales from those applying in Scotland. Bylaw 14A, which applies in England and Wales, clarifies that that these Byelaws do not impose liability for station car parking which are subject to a contractual arrangement.
Byelaw 14A(5) adds to the circumstances when a vehicle can be removed and stored in England and Wales by including circumstances in which the vehicle owner may not be at fault but the vehicle nevertheless needs to be moved. Byelaw 14B maintains the current regime in relation to Scotland.
Article 19 replaces “penalty” with “fine” to make it clear that this refers to a criminal, not a contractual penalty.
Article 20 amends the definition of “Operator” to make it clear that it includes successor organisations of the operators listed in Schedule One.
Articles 3, 5 to 10, and 12 to 20 amend the Byelaws to replace any gendered language with gender neutral terms. As a consequence, Byelaw 25(4), which provided that words importing one gender shall include the other gender, has been removed.
A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen. An explanatory memorandum has not been produced for this instrument as this instrument is not subject to Parliamentary Procedure.
The Explanatory Note confirms the Order amends the 2005 Railway Byelaws.
It specifically highlights the extension of the smoking ban to e-cigarettes (Article 4), the splitting of vehicle control rules into England/Wales (14A) and Scotland (14B) sections (Article 11), and the clarification that offenses result in a 'fine' (Article 19).
It also confirms that most other articles update gendered language, and notes that a full impact assessment was deemed unnecessary.