The Docklands Light Railway (Silvertown and London City Airport Extension) (Exemptions etc.) Order 2006

Statutory Instruments

2006 No. 2536

Transport

The Docklands Light Railway (Silvertown and London City Airport Extension) (Exemptions etc.) Order 2006

Made

20th September 2006

Laid before Parliament

25th September 2006

Coming into force

23rd October 2006

The Secretary of State, in exercise of the powers conferred upon him by sections 24(1), (2) and (11), 49(2) to (5), 143 (4) and 151(5) of the Railways Act 1993 (1), makes the following Order:

Citation and commencement

1.  This Order may be cited as the Docklands Light Railway (Silvertown and London City Airport Extension) (Exemptions etc.) Order 2006 and shall come into force on 23rd October 2006.

Interpretation

2.  In this Order—

“the 1993 Act” means the Railways Act 1993;

“the 1994 Order” means the Railways (Alternative Closure Procedure) Order 1994(2);

“the 2002 Order” means the Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002(3);

“DLR” means Docklands Light Railway Limited;

“the specified network” means the network constructed as a consequence of the making of any of the works authorised by article 4 of the 2002 Order; and

“specified station” means any station, or part of a station, constructed as part of the specified network pursuant to powers conferred by article 6 of the 2002 Order and from which no regular scheduled railway passenger services are provided by any person other than DLR.

Franchise exemption

3.  Exemption from designation under section 23(1) of the 1993 Act (designation of passenger services as being subject to franchising) is granted to DLR in respect of every railway passenger service provided by DLR on the specified network.

Disapplication of closure provisions

4.—(1) Every railway passenger service provided by DLR on the specified network is a service in relation to which section 37 of the 1993 Act (proposals to discontinue non-franchised etc. passenger services) is not to have effect.

(2) The specified network is a network in relation to which section 39 of the 1993 Act (notification of proposals to close operational passenger networks) is not to have effect.

(3) Every specified station is a station in relation to which section 41 of the 1993 Act (notification of proposals to close railway facilities used in connection with passenger services) is not to have effect.

Application of alternative closure provisions

5.—(1) The 1994 Order is amended as follows.

(2) In Article 2—

(a) substitute “,” for “and” at the end of paragraph (ii); and

(b) at the end of paragraph (iii) insert—

“and

(iv) article 4(1) of the Docklands Light Railway (Silvertown and London City Airport Extension) (Exemptions etc.) Order 2006.”.

(3) In the Schedule—

(a) after the words “London Docklands Railway Act 1991” insert—

“London Docklands Railway (Lewisham) Act 1993

Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002”; and

(b) after the words “Tyne and Wear Passenger Transport Act 1989” omit the words “London Docklands Railway (Lewisham) Act 1993”.

Signed by the authority of the Secretary of State for Transport

G. Merron

Parliamentary Under-Secretary of State

Department for Transport

20th September 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the grant of exemptions from the franchising and closure provisions of the Railways Act 1993 (“the 1993 Act”) for the stretch of Docklands Light Railway constructed in the London Borough of Newham from the existing DLR network east of Canning Town station and running to the newly-constructed King George V station.

Article 3 exempts services provided on the network referred to in article 2 from section 23(1) of the 1993 Act (designation of passenger services as eligible for franchising).

Article 4 provides that section 37 of the 1993 Act (proposals to discontinue non-franchised etc. passenger services) is not to apply to railway passenger services provided on any of the network referred to in article 2. Section 39 of the 1993 Act (notification of proposals to close operational passenger networks) is not to apply to the network referred to in article 2. Section 41 of the 1993 Act (notification of proposals to close railway facilities used in connection with passenger services) is not to apply to the stations or parts of stations mentioned in article 2.

Article 5 amends the Railways (Alternative Closure Procedure) Order 1994 (the “1994 Order”) by adding the railway passenger services operated on the network referred to in article 2 to the services designated in the 1994 Order as railway passenger services in relation to which Schedule 5 of the 1993 Act is to have effect. Schedule 5 to the 1993 Act contains alternative provisions relating to the discontinuance of railway passenger services.

A regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities, voluntary bodies or the private sector.

(1)

1993 c. 43.

(2)

S.I. 1994/607

(3)

S.I. 2002/1066.