The Railways Act 1993 (Consequential Modifications) (No. 2) Order 1994

Statutory Instruments

1994 No. 1649

TRANSPORT

The Railways Act 1993 (Consequential Modifications) (No. 2) Order 1994

Made

22nd June 1994

Laid before Parliament

22nd June 1994

Coming into force

14th July 1994

Whereas it appears to the Secretary of State to be necessary or expedient in consequence of the provisions of the Railways Act 1993(1)and instruments made under or by virtue of that Act to make the modifications set out in the Schedule below to the existing provisions referred to therein;

Now therefore the Secretary of State, in exercise of powers conferred on him by section153 of the Railways Act 1993(2), hereby makes the following Order:—

1.  This Order may be cited as the Railways Act 1993 (Consequential Modifications) (No. 2) Order 1994 and shall come into force on 14th July 1994.

2.  The provisions of the Schedule hereto shall have effect.

Signed by authority of the Secretary of State for Transport

Roger Freeman

Minister of State

Department of Transport

22nd June 1994

Article 2

SCHEDULE

1.  In subsection (3) of section 8 of the Railways Act 1974(3)(grants to assist the provision of facilities for freight haulage by rail), the words from and shall be supported onwards shall be omitted.

2.  The Transport Act 1985(4)shall be amended as follows—

(a) in subsection (1) of section 6 (registration of local services) after the words “the Railways Board” there shall be inserted the words “or the Director of Passenger Rail Franchising”;

(b) in subsection (2) of section 35 (London local service licences) for the words from “of any service onwards” there shall be substituted the words “, or the Director of Passenger Rail Franchising, of any service secured by the Board or, as the case may be, the Director of Passenger Rail Franchising under section 4A of the 1962 Act (provision of road passenger transport services).”.

Explanatory Note

(This note is not part of the Order)

This Order modifies certain statutory provisions in consequence of the provisions of the Railways Act 1993 and instruments made under or by virtue of that Act. The provisions amended are:

(a) the Railways Act 1974 (c. 48); the requirement, in section 8(3), that an application shall be supported by evidence that the British Railways Board have given their approval for the provision of the facilities to which the application relates is deleted;

(b) the Transport Act 1985 (c. 67); a reference to agreements with the Director of Passenger Rail Franchising is included in sections 6(1) and 35(2).

Other statutory provisions have been modified in consequence of the Railways Act 1993 and instruments made under or by virtue of that Act by the Railways Act 1993 (Consequential Modifications) Order 1994, S.I. 1994/857.

(1)

1993 c. 43.

(2)

See section 151(1) for the definition of modifications.

(3)

1974 c. 48. There are amendments to section 8 not relevant to this Order. Section 8 is repealed by Schedule 14 of the Railways Act 1993, which comes into force on 15th July 1994, but is saved for transitional purposes, by virtue of the provisions of the Railways Act 1993 (Commencement No. 5 and Transitional Provisions) Order 1994, S.I. 1994/1648 (c. 29).

(4)

1985 c. 67.