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The Railways Infrastructure (Access and Management) Regulations 2005

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Railways Act 1993

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4.  In the Railways Act 1993(1)—

(a)in section 17 (access agreements: directions requiring facility owners to enter into contracts for the use of their railway facilities) omit—

(i)the words “or an international railway access contract” in subsection (1)(b);

(ii)subsection (1)(d) and “or” preceding it; and

(iii)the definitions of “the Directives”, “implementing regulation” and “international railway access contract” in subsection (7);

(b)at the end of section 17(1)(b) insert “or”;

(c)in section 18 (access agreements: contracts requiring the approval of the Office of Rail Regulation) omit—

(i)subsection (3)(b) and “or” preceding it; and

(ii)in subsection (8), the words “,“international railway access contract””;

(d)in section 22A (directions to require amendment permitting more extensive use)—

(i)in subsection (4)(b) omit the words “or an international railway access contract”; and

(ii)in subsection (7)(a) for the words ““international railway access contract” and “lease” have” substitute ““lease” has”;

(e)in section 145(general restrictions on disclosure of information)—

(i)omit subsection (2)(g); and

(ii)before subsection (2)(h), insert—

(gb)for the purpose of facilitating the carrying out by the Office of Rail Regulation of any of its functions under any instrument made for the purpose of implementing Council Directive 91/440/EEC dated 29 July 1991 on the development of the Community’s railways, as amended by Directive 2001/12/EC dated 26 February 2001 and Directive 2004/51/EC dated 29 April 2004, both of the European Parliament and of the Council, and Directive 2001/14/EC dated 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, as amended by Directive 2004/49/EC dated 29 April 2004 on safety on the Community’s railways, both of the European Parliament and of the Council;.

(1)

1993 c. 43, the amendments made to these sections which are relevant to these Regulations are that section 17(1) was amended by the Railways and Transport Safety Act 2003(c. 20.) section 16(5), schedule 2 Part 1 paragraphs 1 and 3(a), and section 17(1) and (7) by S.I. 1998/1340, regulation 21(5) - (8); section 145(2)(g) was amended by S.I. 1998/1340 regulation 21(10).

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