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Railways Act 2005
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- Sch. 3 para. 1(3)(c) omitted by S.I. 2006/556 reg. 2(2)(b)
- Sch. 3 para. 1(3) text amended by S.I. 2006/556 reg. 2(2)(d)
- Sch. 3 para. 1(3)(b) text amended by S.I. 2006/556 reg. 2(2)(a)
- Sch. 3 para. 1(3)(d) text amended by S.I. 2006/556 reg. 2(2)(c)
- Sch. 3 para. 1(7) text amended by S.I. 2006/556 reg. 2(3)
- Sch. 3 para. 1(5)(b) text amended by S.I. 2008/960 Sch. 3
- specified provision(s) Appointed Day(s) by S.I. 2006/1951 art. 2
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- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 19A inserted by 2008 c. 26 s. 74
- s. 19A text amended by S.I. 2010/439 Sch. para. 9(4)(a)
- s. 19A heading text amended by S.I. 2010/439 Sch. para. 9(4)(b)
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2005/1444 art. 2 commences (2005 c. 14)
- S.I. 2005/1909 art. 2 commences (2005 c. 14)
- S.I. 2005/2252 art. 2 commences (2005 c. 14)
- S.I. 2005/2812 art. 2 Sch. 1 2 commences (2005 c. 14)
- S.I. 2006/266 art. 2 commences (2005 c. 14)
- S.I. 2006/2911 art. 2 Sch. commences (2005 c. 14)
- S.I. 2007/62 art. 2 commences (2005 c. 14)
- S.I. 2007/1993 art. 2 commences (2005 c. 14)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2008/113 art. 2 commences (2007 c. 24)
- S.I. 2009/107 art. 2-5 Sch. 1-5 Commencement Order
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2011/2329 art. 3 commences (2011 c. 5)
This section has no associated Explanatory Notes
1(1)Subject to sub-paragraph (4), in this Schedule “railway safety purposes” means so much of the general purposes of Part 1 of the 1974 Act (within the meaning of section 1 of that Act) as—E+W+S
(a)relates to risks that are exclusively relevant to one or more of the purposes specified in sub-paragraph (2); or
(b)relates to so much of any risks that are primarily so relevant as arises in connection with anything mentioned in that sub-paragraph.
(2)The purposes mentioned in sub-paragraph (1) are—
(a)securing the proper construction and safe operation of transport systems falling within sub-paragraph (3);
(b)securing the proper construction and safe operation of locomotives, rolling stock or other vehicles used, or to be used, on such systems;
(c)protecting the public (whether or not they are passengers) from personal injury and other risks arising from the construction and operation of such systems;
(d)protecting persons at work from personal injury and other risks so arising.
(3)A transport system falls within this sub-paragraph if it is—
(a)a railway;
(b)a tramway;
(c)a trolley vehicle system; or
(d)a transport system using any other mode of guided transport.
(4)The Secretary of State may, by regulations, modify the definition of “railway safety purposes”.
(5)Before making any regulations under sub-paragraph (4), the Secretary of State must consult—
(a)the Office of Rail Regulation;
(b)the Health and Safety Commission; and
(c)such other persons as he considers appropriate.
(6)Regulations under sub-paragraph (4) are subject to the negative resolution procedure.
(7)In this paragraph—
“guided transport”, “railway”, “tramway”, “trolley vehicle system” and “vehicle” have the same meanings as in the Transport and Works Act 1992 (c. 42) except that, for this purpose, paragraph (b) of the definition of “railway” in section 67(1) of that Act (which includes a condition as to the minimum gauge of track) is to be disregarded; and
“person at work” has the same meaning as it for the time being has in Part 1 of the 1974 Act (see section 52 of that Act).
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