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The Railways Act 2005 (Commencement No. 8) Order 2007

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Statutory Instruments

2007 No. 62 (C. 2)

TRANSPORT

rAILWAYS

The Railways Act 2005 (Commencement No. 8) Order 2007

Made

16th January 2007

The Secretary of State makes the following Order in exercise of the powers conferred by section 60(2) of the Railways Act 2005(1):

Citation

1.  This Order may be cited as the Railways Act 2005 (Commencement No. 8) Order 2007.

Commencement

2.  (1)  The provisions of the Railways Act 2005 specified in paragraph (2) shall come into force on 29th January 2007.

(2) Those provisions are—

(a)section 3 to the extent that it is not already in force;

(b)section 4;

(c)section 59(6) in so far as it relates to the provisions of Schedule 13 brought into force by this Order;

(d)Schedule 4; and

(e)in Part 1 of Schedule 13—

(i)the entry relating to Schedule 4A of the Railways Act 1993(2) to the extent that it is not already in force; and

(ii)the entry relating to paragraph 11 of Schedule 28 to the Transport Act 2000(3).

Signed by authority of the Secretary of State for Transport

Tom Harris

Parliamentary Under Secretary of State

16th January 2007

Department for Transport

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Railways Act 2005 (the “Act”) on 29th January 2007.

Article 2(2)(a) brings into force those provisions of section 3 of the Act which are not already in force. These provisions insert an additional general duty, under new section 4(5C) and (5D) of the Railways Act 1993 (“the 1993 Act”) requiring the Office of Rail Regulation (“ORR”) to have regard to securing value for money in considering anything affecting the interests of railway service users and providers.

Article 2(2)(b) and (d) bring into force section 4 and Schedule 4 of the Act which amend Schedule 4A of the 1993 Act. Schedule 4 establishes the process for conducting the review including in particular how the Secretary of State and the Scottish Ministers make inputs at various stages.

Article 2(2)(c) and (e) bring into force certain provisions in Schedule 13 (repeals) of the Act relating to access charge reviews.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Railways Act 2005 have been brought into force by commencement orders made before the date of this Order.

ProvisionDate of CommencementS.I .No
Section 1(1)8th June 2005 (partially)2005/1444
26th June 2005 (partially)
24th July 2005 (partially)2005/1909
16th October 2005 (partially)2005/2812
1st December 2006 (partially)2006/2911
Section 1(2)8th June 20052005/1444
Section 1(3)8th June 2005 (partially)2005/1444
24th July 2005 (remainder)2005/1909
Section 1(4) to (9)8th June 20052005/1444
Section 1(10)1st August 20062006/1951
Section 27th February 2006 (partially)2006/266
1st April 2006 (remainder)
Section 3(1)8th June 2005 (partially)2005/1444
26th June 2005 (partially)
1st April 2006 (partially)2006/266
1st December 2006 (partially)2006/2911
Section 3(2)8th June 2005 (partially)2005/1444
1st April 2006 (remainder)2006/266
Section 3(3)26th June 20052005/1444
Section 3(4)1st April 20062006/266
Section 3(5)1st December 20062006/2911
Section 3(6)16th October 2005 (partially)2005/2812
Section 3(6)1st December 2006 (remainder)2006/2911
Section 3 (7)26th June 20052005/1444
Section 3(8)(a)8th June 2005 (partially)2005/1444
1st April 2006 (remainder)2006/266
Section 3(8)(b)16th October 20052005/2812
Section 3(8)(c)8th June 20052005/1444
Section 3(8)(d)24th July 20052005/1909
Section 3(9)8th June 2005 (partially)2005/1444
1st April 2006 (partially)2006/266
Section 3(10)16th October 2005 (partially)2005/2812
1st April 2006 (remainder)2006/266
Section 3(11)(a)24th July 20052005/1909
Section 3(11)(b)26th June 2005 (partially)2005/1444
1st April 2006 (remainder)2006/266
Section 521st August 20052005/2252
Section 6(1) to (3)8th June 20052005/1444
Section 6(4)8th June 2005 (partially)2005/1444
16th October 2005 (remainder)2005/2812
Section 6(5) to (8)8th June 20052005/1444
Section 78th June 20052005/1444
Section 816th October 20052005/2812
Section 916th October 20052005/2812
Section 10, except subsection (6)8th June 20052005/1444
Section 10(6)24th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Section 118th June 20052005/1444
Section 12(1) to (7)24th July 20052005/1909
Section 12(8)24th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Section 1324th July 20052005/1909
Section 14 (as regards England and Wales)24th July 20052005/1909
Sections 15 and 1624th July 20052005/1909
Section 1824th July 20052005/1909
Sections 19 to 2124th July 20052005/1909
Sections 22 to 391st December 20062006/2911
Section 40(1) to (3)24th July 20052005/1909
Section 40(4) except paragraph (b)24th July 20052005/1909
Section 40(4)(b) and (5)16th October 20052005/2812
Section 40(6) and (7)24th July 20052005/1909
Section 411st December 20062006/2911
Sections 42 and 431st August 20062006/1951
Section 441st December 20062006/2911
Section 451st August 2006 (partially)2006/1951
1st December 2006 (remainder)2006/2911
Section 46(1),(2),(7) and (8)24th July 20052005/1909
Section 46(3)24th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Section 46(4), (5) and (6)16th October 20052005/2812
Section 4716th October 20052005/2812
Section 4816th October 20052005/2812
Section 4916th October 20052005/2812
Section 5016th October 20052005/2812
Section 51(1)(a)8th June 20052005/1444
Section 51(1)(b)1st April 20062006/266
Section 51(1)(c)8th June 20052005/1444
Section 51(2)16th October 20052005/2812
Section 51(3) and (4)8th June 20052005/1444
Section 51(5)1st April 20062006/266
Section 5224th July 20052005/1909
Section 538th June 2005 (partially)2005/1444
24th July 2005 (remainder)2005/1909
Section 54(1) to (3)8th June 20052005/1444
Section 54(4)8th June 2005 (partially)2005/1444
24th July 2005 (partially)2005/1909
16th October 2005 (partially)2005/2812
1st December 2006 (partially)2006/2911
Section 558th June 20052005/1444
Section 56(2)8th June 2005 (partly)2005/1444
1st August 2006 (remainder)2006/1951
Section 56(3), except paragraphs (b) and (c)8th June 20052005/1444
Section 56(3) paragraphs (b) and (c)1st August 2006 (remainder)2006/1951
Section 56(4)8th June 20052005/1444
Section 56(5)8th June 2005 (partially)2005/1444
16th October 2005 (remainder)2005/2812
Section 56(6)8th June 20052005/1444
Section 578th June 20052005/1444
Section 588th June 20052005/1444
Section 59(1)8th June 2005 (partially)2005/1444
24th July 2005 (partially)2005/1909
16th October 2005 (partially)2005/2812
21st November 2005 (partially)
1st April 2006 (partially)2006/266
1st August 2006 (partially)2006/1951
1st December 2006 (partially)2006/2911
Section 59(2) to (5)8th June 20052005/1444
Section 59(6)8th June 2005 (partially)2005/1444
26th June 2005 (partially)
24th July 2005 (partially)2005/1909
16th October 2005 (partially)2005/2812
21st November 2005 (partially)
1st April 2006 (partially)2006/266
1st August 2006 (partially)2006/1951
1st December 2006 (partially)2006/2911
Section 59(7)16th October 2005 (partially)2005/2812
1st December 2006 (remainder)2006/2911
Schedule 1, paragraphs 1 to 1024th July 20052005/1909
Schedule 1, paragraph 1116th October 20052005/2812
Schedule 1, paragraph 121st December 20062006/2911
Schedule 1, paragraph 13(1) and (3)24th July 20052005/1909
Schedule 1, paragraph 13(2)16th October 20052005/2812
Schedule 1, paragraph 13(4)(a)24th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Schedule 1, paragraph 13(4)(b)24th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Schedule 1, paragraph 13(5)24th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Schedule 1, paragraph 1416th October 20052005/2812
Schedule 1, paragraphs 15 to 1924th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Schedule 1, paragraph 20(1)24th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Schedule 1, paragraph 20(2) and (3)24th July 20052005/1909
Schedule 1, paragraph 20(4)24th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Schedule 1, paragraph 20(5)24th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Schedule 1, paragraph 21(1)24th July 2005 (partially)2005/1909
16th October 2005 (partially)2005/2812
1st December 2006 (partially)2006/2911
Schedule 1, paragraph 21(2)24th July 20052005/1909
Schedule 1, paragraph 21(3)1st December 20062006/2911
Schedule 1, paragraph 21(4) to (8)24th July 2005 (partially)2005/1909
16th October 2005 (partially)2005/2812
1st December 2006 (remainder)2006/2911
Schedule 1, paragraph 2224th July 2005 (partially)2005/1909
16th October 2005 (partially)2005/2812
1st December 20062006/2911
Schedule 1, paragraph 23(1)24th July 2005 (partially)2005/1909
16th October 2005 (partially)2005/2812
1st December 2006 (remainder)2006/2911
Schedule 1, paragraph 23(2) and (3)24th July 2005 (partially)2005/1909
16th October 2005 (partially)2005/2812
1st December 2006 (remainder)2006/2911
Schedule 1, paragraph 24(1)24th July 2005 (partially)2005/1909
16th October 2005 (partially)2005/2812
Schedule 1, paragraph 24(2)24th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Schedule 1, paragraphs 25 and 2624th July 2005 (partially)2005/1909
16th October 2005 (partially)2005/2812
1st December 2006 (remainder)2006/2911
Schedule 1, paragraphs 27 and 2824th July 20052005/1909
Schedule 1, paragraph 2926th June 20052005/1444
Schedule 1, paragraph 30(1) and (2)24th July 20052005/1909
Schedule 1, paragraph 30(3) except sub-paragraph (b)24th July 20052005/1909
Schedule 1, paragraph 30(3)(b)16th October 20052005/2812
Schedule 1, paragraph 30(4) to (7)24th July 20052005/1909
Schedule 1, paragraph 3116th October 20052005/2812
Schedule 1, paragraph 32(1)24th July 20052005/1909
Schedule 1, paragraph 32(2)1st December 2006 (partially)2006/2911
Schedule 1, paragraph 32(3) to (5)24th July 20052005/1909
Schedule 1, paragraph 3324th July 20052005/1909
Schedule 1 paragraph 341st December 20062006/2911
Schedule 1, paragraph 3524th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Schedule 1, paragraph 36(a)24th July 20052005/1909
Schedule 1, paragraph 36(b)1st December 20062006/2911
Schedule 1, paragraph 36(c)16th October 20052005/2812
Schedule 1, paragraph 378th June 20052005/1444
Schedule 28th June 2005 (partially)2005/1444
24th July 2005 (remainder)2005/1909
Schedule 37th February 2006 (partially)2006/266
1st April 2006 (remainder)
Schedules 5 and 624th July 20052005/1909
Schedules 7 and 81st December 20062006/2911
Schedule 924th July 2005 (partially)2005/1909
Schedule 916th October 2005 (remainder)2005/2812
Schedule 108th June 2005 (partially)2005/1444
24th July 2005 (remainder)2005/1909
Schedule 11, paragraph 18th June 2005 (partially)2005/1444
24th July 2005 (partially)2005/1909
16th October 2005 (partially)2005/2812
1st December 2006 (partially)2006/2911
Schedule 11, paragraphs 2 to 51st December 20062006/2911
Schedule 11, paragraph 624th July 2005 (partially)2005/1909
16th October 2005 (partially)2005/2812
Schedule 11. paragraph 7(1)1st December 20062006/2911
Schedule 11, paragraph 7(2)24th July 20052005/1909
Schedule 11, paragraph 7(3) to (6)1st December 20062006/2911
Schedule 11, paragraphs 8 and 924th July 20052005/1909
Schedule 11, paragraphs 10 and 111st December 20062006/2911
Schedule 11, paragraph 1224th July 20052005/1909
Schedule 11, paragraph 131st December 20062006/2911
Schedule 11, paragraph 14(1) to (5)8th June 20052005/1444
Schedule 11, paragraph 14(6) and (7) (as regards England and Wales)24th July 20052005/1909
Schedule 11, paragraph 1524th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Schedule 11, paragraph 16(1)8th June 20052005/1444
Schedule 11, paragraph 16(2)24th July 20052005/1909
Schedule 12, paragraph 1(1)24th July 2005 (partially)2005/1909
Schedule 12, paragraph 1(2)1st December 20062006/2911
Schedule 12, paragraph 1(3)24th July 20052005/1909
Schedule 12, paragraph 2(1)24th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Schedule 12, paragraph 2(2)24th July 20052005/1909
Schedule 12, paragraph 2(3) and (4)24th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Schedule 12, paragraph 324th July 20052005/1909
Schedule 12, paragraph 41st April 20062006/266
Schedule 12, paragraph 524th July 20052005/1909
Schedule 12, paragraph 61st April 20062006/266
Schedule 12, paragraph 78th June 20052005/1444
Schedule 12, paragraph 824th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Schedule 12, paragraphs 9, 10 and 118th June 20052005/1444
Schedule 12, paragraph 121st April 20062006/266
Schedule 12, paragraph 1321st November 20052005/2812
Schedule 12, paragraph 14(1)8th June 2005 (partially)2005/1444
24th July 2005 (partially)2005/1909
1st December 2006 (remainder)2006/2911
Schedule 12, paragraph 14(2)1st December 20062006/2911
Schedule 12, paragraph 14(3), (4)24th July 20052005/1909
Schedule 12, paragraph 14(5)8th June 2005 (partially)2005/1444
1st December 2006 (remainder)2006/2911
Schedule 12, paragraph 14(6) to (9)24th July 20052005/1909
Schedule 12, paragraphs 15 and 168th June 20052005/1444
Schedule 12, paragraph 17(1)8th June 2005 (partially)2005/1444
24th July 2005 (partially)2005/1909
1st August 2006 (partially)2006/1951
Schedule 12, paragraph 17(2) and (3)24th July 20052005/1909
Schedule 12, paragraph 17(4) to (6)1st August 20062006/1951
Schedule 12, paragraph 17(7)8th June 20052005/1444
Schedule 12, paragraph 17(8) and (9)24th July 20052005/1909
Schedule 12, paragraph 18(1)8th June 2005 (partially)2005/1444
24th July 2005 (partially)2005/1909
16th October 2006 (remainder)2005/2812
Schedule 12, paragraph 18(2)(a) and (b)24th July 20052005/1909
Schedule 12, paragraph 18(2)(c) and (3)24th July 2005 (partially)2005/1909
16th October 2005 (remainder)2005/2812
Schedule 12, paragraph 18(4)8th June 20052005/1444
Schedule 13, Part 18th June 2005 (partially)2005/1444
26th June 2005 (partially)
24th July 2005 (partially)2005/1909
16th October 2005 (partially)2005/2812
21st November 20052005/2812
1st April 2006 (partially)2006/266
1st August 2006 (partially)2006/1951
1st December 2006 (partially)2006/2911
Schedule 13, Part 216th October 2005 (partially)2005/2812
Schedule 13, Part 21st December 2006 (remainder)2006/2911

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