Article 2 Modification of the Environmental Protection Act 1990

Section 98 of the Environmental Protection Act 1990^f1 (“the Act”) (definitions for Part IV) shall be amended in accordance with the following provisions of this article.

After subsection (6)(a) there shall be inserted the following paragraph–

“(aa)

any operator of a relevant railway asset;”.

After subsection (6) there shall be inserted the following subsections–

“(7)

Subject to subsection (8) below, “relevant railway asset” means–

(a)

a transferred network, that is to say a network which was transferred by virtue of a transfer scheme made under section 85 of the Railways Act 1993 from the British Railways Board and vested in the company formed and registered under the Companies Act 1985 and known, at the date of the vesting, as Railtrack PLC,

(b)

a station which is used in connection with the provision of services for the carriage of passengers on a transferred network and is operated by a provider of such services or by the operator of such a network, or

(c)

a light maintenance depot which is used to provide light maintenance services for rolling stock which is used on a transferred network.

(8)

A transferred network shall not cease to be such a network where it is modified by virtue of having any network or part of a network added to or removed from it.

(9)

Expressions used in subsections (6)(aa), (7) and (8) above and in Part I of the Railways Act 1993 have the same meaning in those subsections as they have in that Part.”.