The Railways (North and East London Lines) Exemption Order 2015

Statutory Instruments

2015 No. 237

Transport

The Railways (North and East London Lines) Exemption Order 2015

Made

11th February 2015

Laid before Parliament

18th February 2015

Coming into force

31st May 2015

The Secretary of State, in exercise of the powers conferred by section 24(1) and 24(2) of the Railways Act 1993(1), makes the following Order.

Citation and commencement

1.  This Order may be cited as the Railways (North and East London Lines) Exemption Order 2015 and comes into force on 31st May 2015.

Interpretation

2.  In this Order—

“concession agreement” means an agreement entered into by a TfL company under which another person agrees to provide a railway passenger service for that TfL company;

“TfL company” means Transport for London(2) or any of its subsidiaries; and

“TfL concessionaire” means, in respect of a railway passenger service provided for a TfL company, the person who has agreed by a concession agreement to provide that service.

Franchise exemption

3.  Exemption from designation under section 23(1) of the Railways Act 1993(3) (passenger services to be subject to franchise agreements) is granted to each TfL concessionaire in respect of any railway passenger service operated by that concessionaire on a route specified in the Schedule or part of that route.

Signed by the authority of the Secretary of State for Transport

Claire Perry

Parliamentary Under Secretary of State

Department for Transport

11th February 2015

Article 3

SCHEDULE The specified routes

London Liverpool Street station to Enfield Town station

London Liverpool Street station to Cheshunt station (via Southbury)

London Liverpool Street station to Chingford station

Romford station to Upminster station

EXPLANATORY NOTE

(This note is not part of the Order)

This Order grants an exemption from the franchising requirements in section 23 of the Railways Act 1993 to concessionaires providing railway passenger services under the terms of a concession agreement with Transport for London (TfL) or any TfL subsidiary. This exemption relates to any railway passenger service which a concessionaire operates on the following routes: London Liverpool Street station to Enfield Town station, London Liverpool Street station to Cheshunt station (via Southbury), London Liverpool Street station to Chingford station and Romford station to Upminster station.

This exemption from the requirement for these railway passenger services to be provided under a franchise agreement is granted as part of the transfer of responsibility for the operation of these services from the Secretary of State for Transport to TfL.

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 www.legislation.gov.uk.

(1)

1993 c. 43; section 24(1) and 24(2) was amended by the Railways Act 2005 (c. 14), Schedule 1, Part 1, paragraph 14(1) and (2). For the purposes of this Order the Secretary of State is the “appropriate designating authority”; see definition in section 23(3).

(2)

Transport for London is a body corporate established under section 154 of the Greater London Authority Act 1999 (c. 29).

(3)

Section 23(1) was amended by the Railways Act 2005 (c. 14), Schedule 1, Part 1, paragraph 13(1), and the Transport Act 2000 (c. 38), section 212(1).