The Railways (Provision etc. of Railway Facilities) (Exemptions) Order 2005

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Railways (Provision etc. of Railway Facilities) (Exemptions) Order 2005 and shall come into force on 15th October 2005.

(2) In this Order—

“the 1993 Act” means the Railways Act 1993; and

“freight purposes” means the purpose of carrying goods by railway.

Exemptions

2.—(1) Subject to paragraph 2, exemption is granted from subsection (1) of section 16A of the 1993 Act to every operator of a network, station or light maintenance depot in respect of any railway facility.

(2) The exemption in paragraph 1 does not apply to any person specified in Schedule 1.

3.  Exemption is granted from subsection (2) of section 16A of the 1993 Act in respect of the railway facilities specified in Schedule 2 to any person having an estate or interest in, or a right over, any of those facilities.

Revocation of exemptions

4.—(1) Subject to paragraph (2), the Secretary of State may revoke an exemption granted by this Order in respect of any operator or railway facility to whom or to which the exemption applies.

(2) Before exercising the power conferred by paragraph (1) the Secretary of State shall:

(a) serve notice in writing on the operator, or on the person who has an estate or interest in, or right over, the railway facility in question, as the case may be, informing him of his intention to revoke the exemption in respect of that operator or railway facility, and inviting him to make representations in writing to the Secretary of State within such period, not being less than 28 days from the service of the notice, as may be specified in the notice; and

(b) consider any representations so made.

Signed by authority of the Secretary of State for Transport

Derek Twigg

Parliamentary Under Secretary of State

Department for Transport

21st September 2005