Citation and interpretation

1.—(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 1993(2);

(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 Act

2.  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 closures

3.—(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 Act(3) (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 closures

4.—(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”.

Conditions

5.—(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 compliance

6.—(1) Section 55 of the 1993 Act(4) 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 duty

7.  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.

Article 2

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 1962(5).

  • The entry for the Parliamentary Commissioner Act 1967(6) to the extent that it is not already in force.

  • The entry for the Superannuation Act 1972(7).

  • The entry for Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975(8).

  • The entry for the Northern Ireland Assembly Disqualification Act 1975(9).

  • The entry for the Race Relations Act 1976(10).

  • 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 1996(11) to the extent that it is not already in force.

  • The entry for the Greater London Authority Act 1999(12) to the extent that it is not already in force.

  • The entry for the Freedom of Information Act 2000(13) to the extent that it is not already in force.

  • The following entries for the Transport Act 2000(14):

    • 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.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Railways Act 2005 (“the 2005 Act”).

Article 2 brings into force the provisions listed in the Schedule, subject to the transitional and saving provisions in articles 3 to 7.

Article 2 and the Schedule bring into force section 3(5) and (6) of the 2005 Act. Section 3(5) and (6) modify section 4(3A) of the Railways Act 1993 (the “1993 Act”) which applies the general duties (specified in section 4(1) to (3) of the 1993 Act) to certain functions undertaken by the Secretary of State. Section 3(5) provides that these duties apply to network modification functions undertaken by the Secretary of State. Section 3(6) applies these duties to functions undertaken by the Scottish Ministers in relation to improving, providing or developing railway facilities, or network modification. It also applies the duties to functions undertaken by the National Assembly for Wales in relation to network modification.

Article 2 and the Schedule also bring into force Part 4 of the 2005 Act which provides for network modification provisions. Network modifications are the discontinuance of services, the closure of passenger networks and the closure of stations.

Briefly, Part 4 provides that a proposal to close a network or station or discontinue a service is subject to a public consultation and an assessment by the person carrying out the consultation whether the proposal meets criteria set out in closures guidance. Such a proposal must be referred to the ORR who must issue a notice, a “closure ratification notice”, before the closure is allowed to proceed. If certain conditions are not met the ORR must issue a “closure non- ratification notice” and the closure will not be allowed to proceed. The Secretary of State or Scottish Ministers are generally under duties to ensure the continued operation of services, networks or stations if the operator ceases provision before the ORR has issued a notice or if the ORR issues a notice that does not allow a closure to proceed.

Article 2 and the Schedule also bring into force Schedules 7 and 8 which contain the procedures which must be followed for proposals to close or make minor modifications to certain railway services, networks or stations of specified descriptions and provisions in Schedules 11 and 12, which make minor and consequential amendments (including those consequential on the abolition of the Strategic Rail Authority (the “Authority”)) and in Schedule 13, the repeals Schedule.

Articles 3 to 7 contain transitional and saving provisions.

Article 3 provides that where a closure proposal has not been determined before 1st December 2006, sections 37 to 45 of the 1993 Act shall continue to have effect in relation to that proposal, subject to the modifications in article 3(4). A “closure proposal” means the giving of notice by an operator to the Authority of a closure proposal or the publication by the Authority of a notice of a proposal. The modifications in article 3(4) provide for the functions of the Authority to be treated as functions of the Secretary of State and for functions exercised by the Authority before 1^st December 2006 to be treated as performed by him.

The modifications also provide for the functions of the Rail Passenger Committees to be treated as references to the London Transport Users’ Committee (LTUC) in the area where LTUC fell to be treated as the Rail Passengers’ Committee under section 2(4) of the 1993 Act immediately before it was repealed. The modifications also provide for the functions of the Rail Passenger Committees to be treated as references to the Rail Passengers’ Council in relation to other areas.

Article 4 provides that where the Authority has been considering whether a closure is a minor closure, before 1st December 2006 and the Authority has not made a determination, the Secretary of State shall make that determination. Article 4 also permits such closure (and any other minor closures agreed by the Authority but not yet effected) to take effect.

Article 5(1) provides that closure conditions imposed by the Secretary of State, before 1st December 2006 shall continue to have effect, and that the Secretary of State may vary those conditions.

Article 5(2) provides that where the Secretary of State has determined that a closure is a minor closure and has imposed conditions in relation to such minor closures, such conditions shall have effect and may be varied in accordance with section 46 of the 1993 Act.

Article 5(3) provides that where the Secretary of State permits a closure to take effect on or after 1st December 2006 in accordance with section 43(9) of the 1993 Act, any conditions which he imposes shall have effect despite the repeal of that section. Such conditions may be varied in accordance with section 46 of that Act.

Article 6 makes provision for making orders for securing compliance with closure restrictions arising before 1 December 2006 and closure conditions made before or after the coming into force of this Order.

Article 7 provides for the exclusion of liability for breach of statutory duty of the Secretary of State in relation to duties imposed on him by virtue of this Order. This is analogous to the provisions contained in section 50 of the 1993 Act.

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.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(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.