Railways Act 2005

Power of Secretary of State to exclude matters from duties of LTUC E+W+S

4 (1) In that Act, after the section 252D inserted by paragraph 3 of this Schedule insert— E+W+S

“252E Power to make exclusions from duties under sections 252A to 252D

(1) The Secretary of State may by order—

(a) exclude services from one or more of the duties imposed by sections 252A to 252D;

(b) provide that one or more of those duties applies to services of a particular class or description, particular services or services provided by a particular person only to such extent as is specified in the order; or

(c) provide that one or more of those duties applies with specified modifications in the case of services of a particular class or description, particular services or services provided by a particular person.

(2) Before making an order under this section the Secretary of State must consult the Committee and the Rail Passengers' Council.

(3) The power to make exclusions by an order under this section includes—

(a) power to exclude services of a particular class or description, particular services or services provided by a particular person; and

(b) power to provide that services are excluded subject to compliance with specified conditions.

(4) An order under this section may not revoke an exclusion except—

(a) for breach of a condition; or

(b) in accordance with the order that made it.”

(2) In section 420(8) of that Act (orders subject to negative resolution procedure), after “section 242(10)” insert— “ section 252E; ”.

Commencement Information

I1 Sch. 6 para. 4 in force at 24.7.2005 by S.I. 2005/1909, art. 2, Sch.