The Railways (Transport for London) (Exemptions) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Railways (London Regional Transport) (Exemptions) Order 1994 and the Railways (Provision etc. of Railway Facilities) (Exemptions) Order 2005.

Article 2, in amending the Railways (London Regional Transport) (Exemptions) Order 1994 (“1994 Order”), disapplies that Order in respect of Crossrail, except in respect of certain stations where there will be shared use by Crossrail and London Underground services.

Article 2 also maintains the licence and facility exemptions granted to TfL companies in respect of the network owned, operated or managed by one or more TfL companies (“the TfL network”), including in circumstances where the whole or part of a railway asset or railway facility that existed before the commencement of any construction authorised by the Crossrail Act 2008 is affected by that construction.

Article 2 also excludes any Crossrail passenger service from the definition of a railway passenger service, such that the 1994 Order is disapplied in respect of Crossrail passenger services, and the provisions in that Order from which TfL companies currently benefit will not cease to apply as a result of the commencement of Crossrail passenger services.

Article 2 also extends the existing licence and facility exemptions for networks and stations to apply in circumstances where the ELR concessionaire provides railway passenger services pursuant to a concession agreement with Transport for London, or with any of Transport for London’s subsidiaries, on those parts of the East London Railway that are (or once constructed will be) on the TfL network.

Article 2 also extends the existing licence and facility exemptions to apply in respect of the New Cross Gate light maintenance depot, in circumstances where the depot is used in connection with the TfL network and is not used in connection with the provision of regular scheduled railway passenger services other than by a TfL company or a TfL concessionaire.

For the purpose of closure proposals, the provisions of sections 22, 23 and 24 of the Railways Act 2005, which relate to the discontinuance of railway passenger services, are excluded where the service is provided solely within Greater London by a TfL concessionaire pursuant to a concession agreement. The station closure provisions of sections 29, 30 and 31 of the Railways Act 2005 are excluded where a station or part of a station within Greater London is operated by a TfL concessionaire pursuant to a concession agreement, and either:

(a) the only railway passenger services provided from that station (or that part of that station) are provided by the TfL concessionaire or a TfL company and are provided wholly within Greater London; or

(b) the previous operator of that station (or that part of that station) was a TfL company.

In the case of railway passenger services provided by a TfL concessionaire on the TfL network and arising solely within Greater London, such services are designated, in relation to the operation of closure provisions in section 25 of the Railways Act 2005, as London services and special procedure services.

Article 3, in amending the Railways (Provision etc. of Railway Facilities) (Exemptions) Order 2005, extends the existing exemption that prevents an owner from being directed to improve or develop a railway facility in the form of a station (or part of a station) to apply where the station is controlled by a TfL concessionaire. Article 3 also extends this exemption to apply where a station or part station controlled by a TfL concessionaire was previously operated by a TfL company.

An impact assessment has not been produced, because no impact on the costs of business, the public sector, third sector organisations, regulators or consumers is foreseen. An Explanatory Memorandum has been prepared and is available alongside the instrument on the OPSI website at www.opsi.gov.uk.