Explanatory note

This Order relates to the Greater Manchester Light Rapid Transit System, also known as Metrolink (the “Metrolink network”).

The Order revokes the Greater Manchester (Light Rapid Transit System) (Exemptions) Order 2009 and replaces the exemptions granted by that order as well as extending those exemptions to further extensions of the Metrolink network that are in the course of being constructed.

Article 3 exempts certain persons operating railway assets used in connection with railway passenger services on the Metrolink network (“Metrolink services”) from the requirement of section 6 of the Railways Act 1993 (“the 1993 Act”) that they be licensed to do so.

Article 4 exempts certain persons operating railway assets used in connection with Metrolink services (“Metrolink facilities”) from the provisions of section 16A(2) of the 1993 Act under which they could otherwise be required by direction of the Office of Rail Regulation (“the ORR”) to improve or develop those assets.

Article 5 exempts certain persons owning Metrolink facilities from being subject to sections 17, 18 and 22A of the 1993 Act, which relate to the role of the ORR in respect of access agreements.

Article 6 exempts certain persons from the scope of section 23 of the 1993 Act (relating to the designation of services eligible for provision under franchise agreements) in respect of Metrolink services.

Article 7 disapplies, in relation to Metrolink services, sections 22 to 24 of the Railways Act 2005 (“the 2005 Act”) relating to the discontinuance of railway passenger services.

Article 8 disapplies, in relation to the Metrolink network, sections 26 to 28 of the 2005 Act relating to the discontinuance of operation of passenger networks.

Article 9 disapplies, in relation to stations or parts of stations used for the provision of Metrolink services, sections 29 to 31 of the 2005 Act relating to the discontinuance of use or operation of stations.

Article 10 designates every Metrolink service as a special procedure service for the purposes of section 25 of the 2005 Act.

Article 11 provides that exemptions granted by articles 3, 5 and 6 do not apply to the Metrolink network, to Metrolink facilities or to a train used on the Metrolink network to the extent that network, those facilities or any such train already benefits from the same exemptions by virtue of the Railways (Class and Miscellaneous Exemptions) Order 1994 (the “1994 Order”).

Articles 12, 13 and 14 provide that articles 7, 8 and 9 respectively do not apply so as to disapply provisions in relation to the discontinuance of Metrolink services or passenger networks on the Metrolink network or the discontinuance of use or operation of stations on that network in so far as such provisions are already disapplied by virtue of the 1994 Order.

Article 15 provides that Metrolink services are not designated as special procedure services under article 10 to the extent they are already so designated by virtue of the Railways (Alternative Closure Procedure) Order 1994.

Article 16 provides that exemptions granted under article 4 will not apply to a Metrolink facility which benefits from the same exemption by virtue of the Railways (Provision etc. of Railway Facilities) (Exemptions) Order 2005.

Article 17 gives the Secretary of State power, subject to consultation, to revoke the exemptions granted by articles 3, 4, 5 and 6.

Article 18 revokes the Greater Manchester (Light Rapid Transit System) (Exemptions) Order 2009.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Local Transport Funding Growth and Delivery Division at the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR, and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.