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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.