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The Railways Act 1993 (Consequential Modifications) (No. 3) Order 1994

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Statutory Instruments

1994 No. 2229

TRANSPORT

The Railways Act 1993 (Consequential Modifications) (No. 3) Order 1994

Made

30th August 1994

Laid before Parliament

9th September 1994

Coming into force

1st October 1994

Whereas it appears to the Secretary of State to be necessary or expedient in consequence of the provisions of the Railways Act 1993(1)and instruments made under or by virtue of that Act to make the modifications set out in the Schedule below to the existing provisions referred to therein;

Now therefore, the Secretary of State, in exercise of powers conferred on him by section 153 of the Railways Act 1993(2), hereby makes the following Order:—

1.  This Order may be cited as the Railways Act 1993 (Consequential Modifications) (No. 3) Order 1994 and shall come into force on 1st October 1994.

2.—(1) The provisions of the Schedule hereto shall have effect.

(2) Sub-paragraphs (a) and (d) of paragraph 4 of the Schedule to the Railways Act 1993 (Consequential Modifications) Order 1994(3)are revoked.

Signed by authority of the Secretary of State for Transport

John Watts

Minister of State,

Department of Transport

30th August 1994

Article 2

SCHEDULE

The Regulation of Railways Act 1871(4)shall be amended as follows—

(a)in section 2(b) (interpretation), in the definition of the term “company”,

(i)after the words “this Act” there shall be inserted “(5)”;

(ii)for the words “or any person having the management of a railway station or train for the time being” there shall be substituted the words “, or (b) which works a railway, or operates a station or train, in the United Kingdom”; and

(iii)for the words “who are owners or lessees of a railway in the United Kingdom or parties to an agreement for working a railway in the United Kingdom” there shall be substituted the words “who work a railway, or operate a station or train, in the United Kingdom or who are owners or lessees of a railway or station in the United Kingdom or parties to an agreement for working a railway or operating a station or train in the United Kingdom”; and

(b)in section 6(c) (companies to make returns of accidents to Board of Trade)—

(i)for the words from “Where in or about” to “working of the railway or station” there shall be substituted the following—

Where in or about any railway or station or any of the works or buildings connected with such railway or station, or any building or place, whether open or enclosed, occupied by the company working such railway or operating such station, any of the following accidents takes place in the course of working any railway or operating any station; and

(ii)for the words “the company having the management of the railway or station, and, also, if the accident happens to a train operated by any other company,” there shall be substituted the words “the company working such railway or operating such station, and also, if the accident happens to a train operated by any other company,”.

Explanatory Note

(This note is not part of the Order)

This Order makes further modifications to the Regulation of Railways Act 1871 in consequence of the provisions of the Railways Act 1993 and instruments made under or by virtue of that Act. (The Regulation of Railways Act 1871 was also amended by the Railways Act 1993 (Consequential Modifications) Order 1994 (S.I. 1994/857).)

(2)

See section 151(1) for the definition of “modifications”.

(3)

S.I. 1994/857.

(4)

1871 c. 78 (34 & 35 Vict.).

(5)

Section 2 was amended by section 43 of, and paragraph 1 of Schedule 6 to, the Channel Tunnel Act 1987 (c. 53) and the Railways Act 1993 (Consequential Modifications) Order 1994, S.I. 1994/857.

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