2006 No. 2911 (C. 102)
The Railways Act 2005 (Commencement No. 7, Transitional and Saving Provisions) Order 2006
Made
Laid before Parliament
Coming into force
The Secretary of State makes this Order exercising the powers conferred by sections 60(2) and (3) of the Railways Act 20051:
Citation and interpretation1
1
This Order may be cited as the Railways Act 2005 (Commencement No. 7, Transitional and Saving Provisions) Order 2006.
2
In this Order—
a
the “1993 Act” means the Railways Act 19932;
b
the “2005 Act” means the Railways Act 2005; and
c
the “Authority” means the Strategic Rail Authority.
3
Expressions used in this Order and in the 1993 Act have the same meaning as in the 1993 Act.
Commencement of certain provisions of 2005 Act2
The provisions of the 2005 Act specified in the Schedule shall come into force on 1st December 2006, subject to the transitional and saving provisions in articles 3 to 7.
Closures other than minor closures3
1
This article applies to a closure proposal which—
a
is made before 1st December 2006, and
b
is not determined before that date.
2
Despite the repeal of sections 37 to 45 of the 1993 Act3 (closures), those provisions have effect in relation to that proposal subject to the modifications in paragraph (4).
3
In paragraph (1), “closure proposal” means—
a
the giving of a notice to the Authority under section 37(1), 39(1) or 41(1) of the 1993 Act, or
b
the publication by the Authority of a notice in accordance with section 38(5), 40(5) or 42(4) of that Act.
4
The modifications of sections 37 to 45 of the 1993 Act for the purposes of paragraph (1) are that—
a
any function of the Authority is to be treated as a function of the Secretary of State, and anything done by the Authority before that date in relation to the function is to be treated as having been done by the Secretary of State; and
b
each reference to a Rail Passengers’ Committee in section 43 of the 1993 Act shall have effect—
i
in relation to the area for which the London Transport Users’ Committee fell to be treated as the Rail Passengers’ Committee for the purposes set out in section 2(4) of that Act (Rail Passengers’ Committees) immediately before the repeal of that section, as a reference to the London Transport Users’Committee.
ii
in relation to any other area, as a reference to the Rail Passengers’ Council established by section 19(1) of the 2005 Act.
Minor closures4
1
Where, before 1st December 2006 the Authority—
a
has been considering whether a closure is a minor closure as mentioned in section 37(1), 39(1) or 41(1) of the 1993 Act, and
b
has not determined that question by that date,
the Secretary of State shall determine that question and the definition of “minor closure” in that section shall continue to have effect for the purposes of that determination.
2
Where—
a
the Authority has, before 1st December 2006, made a determination under section 37(1), 38(2), 39(1), 40(2), 41(1) or 42(2) of the 1993 Act that a closure is a minor closure but such closure has not taken effect before that date, or
b
the Secretary of State has made a determination under paragraph (1) that a closure is a minor closure,
the closure may take effect at any time as a minor closure and Part 4 of the 2005 Act does not apply in such a case.
3
Section 46B of the 1993 Act (notification of minor closures to the Office of Rail Regulation) shall have effect in relation to a determination made under paragraph (1) as if for “the Authority” there were substituted “the Secretary of State”.
Conditions5
1
Where, before 1st December 2006 the Secretary of State has imposed conditions pursuant to section 43(9) of that Act, those conditions shall continue to have effect on and after that date and section 46 of that Act shall continue to have effect in relation to those conditions.
2
Where the Secretary of State—
a
has made a determination under article 4(1) that a closure is a minor closure; and
b
has imposed conditions as mentioned in section 37(1), 39(1) or 41(1) of the 1993 Act (as applied by article 4(1)),
the conditions shall have effect despite the repeal of that section and such conditions shall have effect as if agreed to for the purposes of section 34(5) of the 2005 Act.
3
Where, on or after 1 December 2006, the Secretary of State allows a closure to take effect in accordance with section 43(9) of the 1993 Act subject to compliance with conditions, the conditions shall have effect despite the repeal of that section and section 46 of that Act shall have effect in relation to the conditions.
4
In paragraph (1), the references to conditions imposed before 1 December 2006 includes a reference to any such conditions which have been varied before that date under section 46 of that Act.
5
For the purposes of this article, the reference to a Rail Passengers’ Committee in section 46 of the 1993 Act shall have effect—
a
in relation to the area for which the London Transport Users’ Committee fell to be treated as the Rail Passengers’ Committee for the purposes set out in section 2(4) of that Act (Rail Passenger’ Committees) immediately before the repeal of that section, as a reference to the London Transport Users’ Committee;
b
in relation to any other area, as a reference to the Rail Passengers’ Council established by section 19(1) of the 2005 Act.
Orders for securing compliance6
1
Section 55 of the 1993 Act4 shall continue to have effect as it had effect immediately before 1 December 2006 for the purpose of ensuring that—
a
a person who is required to comply with closure conditions; or
b
a person under closure restrictions,
complies with those closure conditions or closure restrictions as the case may be but subject to the modifications specified in paragraph (2).
2
The modifications of section 55 of the 1993 Act referred to in paragraph (1) are that—
a
in subsection (9), for “section 44 of the Railways Act 2005” there is substituted “article 7 of the Railways Act 2005 (Commencement No. 7, Transitional and Saving Provisions) Order 2006”; and
b
in subsection (10), for the definition of “the appropriate authority” there is substituted—
“the appropriate authority” means the Secretary of State;
3
In this article “a person under closure restrictions” means—
a
a person who is under the duty under section 37(1), 39(1) or 41(1) of the 1993 Act not to discontinue a railway passenger service or the operation of the whole or part of a network or not to terminate the use of the whole or part of a station or light maintenance depot, or
b
a person who is under the duty under section 48(3) of that Act not to discontinue an experimental passenger service before the expiry of the notice period.
Liability for breach of statutory duty7
The obligations of the Secretary of State imposed by or by virtue of this Order—
a
to comply with any closures conditions,
b
to secure the provision of any railway services, or
c
to secure the provision of any additional railway asset,
shall not give rise to any form of duty or liability enforceable by civil proceedings for breach of statutory duty.
Signed by authority of the Secretary of State for Transport
SCHEDULEProvisions of the 2005 Act coming into force on 1st December 2006
Section 1(1), in so far as it relates to the provisions of Schedule 1 brought into force by this Schedule.
Section 3(1) in so far as it relates to provisions in section 3 brought into force by this Order.
Section 3(5) and (6) to the extent that it is not already in force.
Sections 22 to 39, 41, 44 and 45 (to the extent that it is not already in force).
Sections 54(4) and 59(1), (6) and (7) in so far as they relate to provisions brought into force by this Schedule.
Schedule 1 to the extent that it is not already in force, except that paragraph 32(2) is only commenced in so far as it relates to section 76(4)(b) of the 1993 Act.
Schedules 7 and 8.
In Schedule 11:
paragraph 1 in so far as it relates to provisions brought into force by this Order; and
paragraphs 2 to 5, 7(1), (3) to (6), 10, 11 and 13.
Schedule 12 paragraphs 1 and 14 to the extent that they are not already in force.
The following entries in Part 1 of Schedule 13:
The entry for section 43 of the Transport Act 19625.
The entry for the Parliamentary Commissioner Act 19676 to the extent that it is not already in force.
The entry for the Superannuation Act 19727.
The entry for Part 2 of Schedule 1 to the House of Commons Disqualification Act 19758.
The entry for the Northern Ireland Assembly Disqualification Act 19759.
The entry for the Race Relations Act 197610.
The following entries for the 1993 Act:
The entries for sections 4(3A) (to the extent that it is not already in force), 37 to 42, 43 (to the extent that it is not already in force), 44 to 46B, 47 (to the extent that it is not already in force), 47A to 49, 50(1)(a) and (2), 55(5) and (10) (so far as it relates to the definition of “relevant condition or requirement”), 67(6), 69(4), 75, 83(1), 118, 130, 136, 145 (to the extent that it is not already in force) and 151.
The entry for paragraph 7(4)(b) of Schedule 4A to the extent that it is not already in force.
The entries for Schedules 5 and 11.
The entry for the Channel Tunnel Rail Link Act 199611 to the extent that it is not already in force.
The entry for the Greater London Authority Act 199912 to the extent that it is not already in force.
The entry for the Freedom of Information Act 200013 to the extent that it is not already in force.
The following entries for the Transport Act 200014:
The entries for sections 201 to 205, 207 to 211, 214, 217(2), 218, 220 to 222, 234 to 239, 249 and 278.
The entries for Schedules 14 and 15.
The entries for Schedule 16 paragraphs 11 to 13, 22 to 33, 35, 42, 45, 46, 49, 51(2), 52, 53, 61 and 66.
The entries for Schedule 17, paragraphs 25 to 27, 29, 30 and Part 3.
The entry for Schedules 18, 19 and 21.
The entry for Schedule 22 to the extent that it is not already in force.
The entry for Schedule 25, paragraph 15.
The entry for Schedule 27 to the extent that it is not already in force.
The entry for Schedule 28 to the extent that it is not already in force, but excluding paragraph 11.
The following entries for the Railways and Transport Safety Act 2003:
The entries for sections 62(1)(j) and 73(3).
The entry for Schedule 2 (to the extent that it is not already in force) and for Schedule 4.
Part 2 of Schedule 13 paragraphs 1, 3 and 4.
(This note is not part of the Order)
(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.
Provision | Date of Commencement | S.I .No |
|---|---|---|
Section 1(1) (partially) | 8th June 2005 (partially) | |
26th June 2005 (partially) | ||
24th July 2005 (partially) | ||
16th October 2005 (partially) | ||
Section 1(2) | 8th June 2005 | |
Section 1(3) | 8th June 2005 (partially) | |
24th July 2005 (remainder) | ||
Section 1(4) to (9) | 8th June 2005 | |
Section 1(10) | 1st August 2006 | |
Section 2 | 7th February 2006 (partially) | |
1st April 2006 (remainder) | ||
Section 3(1) (partially) | 8th June 2005 (partially) | |
26th June 2005 (partially) | ||
1st April 2006 (partially) | ||
Section 3(2) | 8th June 2005 (partially) | |
1st April 2006 (remainder) | ||
Section 3(3) | 26th June 2005 | |
Section 3(4) | 1st April 2006 | |
Section 3(6) (partially) | 16th October 2005 | |
Section 3 (7) | 26th June 2005 | |
Section 3(8)(a) | 8th June 2005 (partially) | |
1st April 2006 (remainder) | ||
Section 3(8)(b) | 16th October 2005 | |
Section 3(8)(c) | 8th June 2005 | |
Section 3(8)(d) | 24th July 2005 | |
Section 3(9) | 8th June 2005 (partially) | |
1st April 2006 (partially) | ||
Section 3(10) | 16th October 2005 (partially) | |
1st April 2006 (remainder) | ||
Section 3(11)(a) | 24th July 2005 | |
Section 3(11)(b) | 26th June 2005 (partially) | |
1st April 2006 (remainder) | ||
Section 5 | 21st August 2005 | |
Section 6(1) to (3) | 8th June 2005 | |
Section 6(4) | 8th June 2005 (partially) | |
16th October 2005 (remainder) | ||
Section 6(5) to (8) | 8th June 2005 | |
Section 7 | 8th June 2005 | |
Section 8 | 16th October 2005 | |
Section 9 | 16th October 2005 | |
Section 10, except subsection (6) | 8th June 2005 | |
Section 10(6) | 24th July 2005 (partially) | |
16th October 2005 (remainder) | ||
Section 11 | 8th June 2005 | |
Section 12(1) to (7) | 24th July 2005 | |
Section 12(8) | 24th July 2005 (partially) | |
16th October 2005 (remainder) | ||
Section 13 | 24th July 2005 | |
Section 14 (as regards England and Wales) | 24th July 2005 | |
Sections 15 and 16 | 24th July 2005 | |
Section 18 | 24th July 2005 | |
Sections 19 to 21 | 24th July 2005 | |
Section 40(1) to (3) | 24th July 2005 | |
Section 40(4) except paragraph (b) | 24th July 2005 | |
Section 40(4)(b) and (5) | 16th October 2005 | |
Section 40(6) and (7) | 24th July 2005 | |
Sections 42 and 42 | 1st August 2006 | |
Section 45(2) | 1st August 2006 | |
Section 46(1),(2),(7) and (8) | 24th July 2005 | |
Section 46(3) | 24th July 2005 (partially) | |
16th October 2005 (remainder) | ||
Section 46(4), (5) and (6) | 16th October 2005 | |
Section 47 | 16th October 2005 | |
Section 48 | 16th October 2005 | |
Section 49 | 16th October 2005 | |
Section 50 | 16th October 2005 | |
Section 51(1)(a) | 8th June 2005 | |
Section 51(1)(b) | 1st April 2006 | |
Section 51(1)(c) | 8th June 2005 | |
Section 51(2) | 16th October 2005 | |
Section 51(3) and (4) | 8th June 2005 | |
Section 51(5) | 1st April 2006 | |
Section 52 | 24th July 2005 | |
Section 53 | 8th June 2005 (partially) | |
24th July 2005 (remainder) | ||
Section 54(1) to (3) | 8th June 2005 | |
Section 54(4) (partially) | 8th June 2005 (partially) | |
24th July 2005 (partially) | ||
16th October 2005 (partially) | ||
Section 55 | 8th June 2005 | |
Section 56(2) (partially) | 8th June 2005 (partly) | |
1st August 2006 (remainder) | ||
Section 56(3), except paragraphs (b) and (c) | 8th June 2005 | |
Section 56(3) paragraphs (b) and (c) | 1st August 2006 (remainder) | |
Section 56(4) | 8th June 2005 | |
Section 56(5) | 8th June 2005 (partially) | |
16th October 2005 (remainder) | ||
Section 56(6) | 8th June 2005 | |
Section 57 | 8th June 2005 | |
Section 58 | 8th June 2005 | |
Section 59(1) (partially) | 8th June 2005 (partially) | |
24th July 2005 (partially) | ||
16th October 2005 (partially) | ||
21st November 2005 (partially) | ||
1st April 2006 (partially) | ||
1st August 2006 (partially) | ||
Section 59(2) to (5) | 8th June 2005 | |
Section 59(6) (partially) | 8th June 2005 (partially) | |
26th June 2005 (partially) | ||
24th July 2005 (partially) | ||
16th October 2005 (partially) | ||
21st November 2005 (partially) | ||
1st April 2006 (partially) | ||
1st August 2006 (remainder) | ||
Section 59(7) (partially) | 16th October 2005 (partially) | |
Schedule 1, paragraphs 1 to 10 | 24th July 2005 | |
Schedule 1, paragraph 11 | 16th October 2005 | |
Schedule 1, paragraph 13(1) and (3) | 24th July 2005 | |
Schedule 1, paragraph 13(2) | 16th October 2005 | |
Schedule 1, paragraph 13(4)(a) | 24th July 2005 (partially) | |
16th October 2005 (remainder) | ||
Schedule 1, paragraph 13(4)(b) | 24th July 2005 (partially) | |
16th October 2005 (remainder) | ||
Schedule 1, paragraph 13(5) | 24th July 2005 (partially) | |
16th October 2005 (remainder) | ||
Schedule 1, paragraph 14 | 16th October 2005 | |
Schedule 1, paragraphs 15 to 19 | 24th July 2005 (partially) | |
16th October 2005 (remainder) | ||
Schedule 1, paragraph 20(1) | 24th July 2005 (partially) | |
16th October 2005 (remainder) | ||
Schedule 1, paragraph 20(2) and (3) | 24th July 2005 | |
Schedule 1, paragraph 20(4) | 24th July 2005 (partially) | |
16th October 2005 (remainder) | ||
Schedule 1, paragraph 20(5) | 24th July 2005 (partially) | |
16th October 2005 (remainder) | ||
Schedule 1, paragraph 21(1) (partially) | 24th July 2005 (partially) | |
16th October 2005 (partially) | ||
Schedule 1, paragraph 21(2) | 24th July 2005 | |
Schedule 1, paragraph 21(4) to (8) (partially) | 24th July 2005 (partially) | |
16th October 2005 (partially) | ||
Schedule 1, paragraph 22 (partially) | 24th July 2005 (partially) | |
16th October 2005 (partially) | ||
Schedule 1, paragraph 23(1) (partially) | 24th July 2005 (partially) | |
16th October 2005 (partially) | ||
Schedule 1, paragraph 23(2) and (3) (partially) | 24th July 2005 (partially) | |
16th October 2005 (partially) | ||
Schedule 1, paragraph 24(1) (partially) | 24th July 2005 (partially) | |
16th October 2005 (partially) | ||
Schedule 1, paragraph 24(2) | 24th July 2005 (partially) | |
16th October 2005 (remainder) | ||
Schedule 1, paragraphs 25 and 26 (partially) | 24th July 2005 (partially) | |
16th October 2005 (partially) | ||
Schedule 1, paragraphs 27 and 28 | 24th July 2005 | |
Schedule 1, paragraph 29 | 26th June 2005 | |
Schedule 1, paragraph 30(1) and (2) | 24th July 2005 | |
Schedule 1, paragraph 30(3) except sub-paragraph (b) | 24th July 2005 | |
Schedule 1, paragraph 30(3)(b) | 16th October 2005 | |
Schedule 1, paragraph 30(4) to (7) | 24th July 2005 | |
Schedule 1, paragraph 31 | 16th October 2005 | |
Schedule 1, paragraph 32(1) | 24th July 2005 | |
Schedule 1, paragraph 32(3) to (5) | 24th July 2005 | |
Schedule 1, paragraph 33 | 24th July 2005 | |
Schedule 1, paragraph 35 (partially) | 24th July 2005 | |
Schedule 1, paragraph 35 (remainder) | 16th October 2005 | |
Schedule 1, paragraph 36(a) | 24th July 2005 | |
Schedule 1, paragraph 36(c) | 16th October 2005 | |
Schedule 1, paragraph 37 | 8th June 2005 | |
Schedule 2 | 8th June 2005 (partially) | |
24th July 2005 (remainder) | ||
Schedule 3 | 7th February 2006 (partially) | |
1st April 2006 (remainder) | ||
Schedules 5 and 6 | 24th July 2005 | |
Schedule 9 (partially) | 24th July 2005 | |
Schedule 9 (remainder) | 16th October 2005 | |
Schedule 10 | 8th June 2005 (partially) | |
24th July 2005 (remainder) | ||
Schedule 11, paragraph 1 (partially) | 8th June 2005 (partially) | |
24th July 2005 (partially) | ||
16th October 2005 (partially) | ||
Schedule 11, paragraph 6 (partially) | 24th July 2005 (partially) | |
16th October 2005 (partially) | ||
Schedule 11, paragraphs 7(2), 8, 9 and 12 | 24th July 2005 | |
Schedule 11, paragraph 14(1) to (5) | 8th June 2005 | |
Schedule 11, paragraph 14(6) and (7) (as regards England and Wales) | 24th July 2005 | |
Schedule 11, paragraph 15 | 24th July 2005 (partially) | |
16th October 2005 (remainder) | ||
Schedule 11, paragraph 16(1) | 8th June 2005 | |
Schedule 11, paragraph 16(2) | 24th July 2005 | |
Schedule 12, paragraph 1(1) (partially) | 24th July 2005 | |
Schedule 12, paragraph 1(3) | 24th July 2005 | |
Schedule 12, paragraph 2(1) | 24th July 2005 (partially) | |
16th October 2005 (remainder) | ||
Schedule 12, paragraph 2(2) | 24th July 2005 | |
Schedule 12, paragraph 2(3) and (4) | 24th July 2005 (partially) | |
16th October 2005 (remainder) | ||
Schedule 12, paragraph 3 | 24th July 2005 | |
Schedule 12, paragraph 4 | 1st April 2006 | |
Schedule 12, paragraph 5 | 24th July 2005 | |
Schedule 12, paragraph 6 | 1st April 2006 | |
Schedule 12, paragraph 7 | 8th June 2005 | |
Schedule 12, paragraph 8 | 24th July 2005 (partially) | |
16th October 2005 (remainder) | ||
Schedule 12, paragraphs 9, 10 and 11 | 8th June 2005 | |
Schedule 12, paragraph 12 | 1st April 2006 | |
Schedule 12, paragraph 13 | 21st November 2006 | |
Schedule 12, paragraph 14(1) (partially) | 8th June 2005 (partially) | |
24th July 2005 (partially) | ||
Schedule 12, paragraph 14(3), (4) and (6) to (9) | 24th July 2005 | |
Schedule 12, paragraph 14(5)(b) | 8th June 2005 | |
Schedule 12, paragraphs 15 and 16 | 8th June 2005 | |
Schedule 12, paragraph 17(1) (partially) | 8th June 2005 (partially) | |
24th July 2005 (partially) | ||
1st August 2006 (partially) | ||
Schedule 12, paragraph 17(2) and (3) | 24th July 2005 | |
Schedule 12, paragraph 17(4) to (6) | 1st August 2006 | |
Schedule 12, paragraph 17(7) | 8th June 2005 | |
Schedule 12, paragraph 17(8) and (9) | 24th July 2005 | |
Schedule 12, paragraph 18(1) | 8th June 2005 (partially) | |
24th July 2005 (partially) | ||
16th October 2006 (remainder) | ||
Schedule 12, paragraph 18(2)(a) and (b) | 24th July 2005 | |
Schedule 12, paragraph 18(2)(c) and (3) | 24th July 2005 (partially) | |
16th October 2005 (remainder) | ||
Schedule 12, paragraph 18(4) | 8th June 2005 | |
Schedule 13, Part 1 (partially) | 8th June 2005 (partially) | |
26th June 2005 (partially) | ||
24th July 2005 (partially) | ||
16th October 2005 (partially) | ||
21st November 2005 | ||
1st April 2006 (partially) | ||
1st August 2006 (partially) | ||
Schedule 13, Part 2 (partially) | 16th October 2005 |