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The Railways Act 2005 (Commencement No. 6) Order 2006

S.I. 2006/1951 · Made 12 July 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TRANSPORT

RAILWAYS

Made 12th July 2006

The Secretary of State makes this Order in exercise of the powers conferred by section 60(2) of the Railways Act 2005f1:

Annotations to the whole text

Footnotes

f1

2005 c. 14.

Contents

  1. 1Citation
  2. 2Commencement
  3. Signature
  4. Explanatory note

1Citation

This Order may be cited as the Railways Act 2005 (Commencement No. 6) Order 2006.

2Commencement

(1)

The provisions of the Railways Act 2005 specified in paragraph (2) shall come into force on 1st August 2006.

(2)

Those provisions are as follows—

(a)

section 1(10);

(b)

sections 42 and 43;

(c)

section 45(1), in so far as it relates to the definitions of “closure”, “closures guidance” and “railway funding authority”;

(d)

section 45(2);

(e)

section 56, to the extent that it is not yet in force;

(f)

section 59(1), in so far as it relates to the provisions of Schedule 12 brought into force by this Order;

(g)

section 59(6), in so far as it relates to the provisions of Schedule 13 brought into force by this Order;

(h)

Schedule 12, paragraph 17(1), in so far as it relates to the other provisions of paragraph 17 brought into force by this Order;

(i)

Schedule 12, paragraph 17(4) to (6); and

(j)

the entry in Part 1 of Schedule 13 relating to section 248(3) of the Transport Act 2000f1.

Signature

Signed by authority of the Secretary of State for Transport

Derek Twigg

Parliamentary Under Secretary of State

Department for Transport

12th July 2006

Explanatory note

(This note is not part of the Order)

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

Article 2 brings into force section 1(10) of the Act which permits the Secretary of State to provide for the abolition of the Strategic Rail Authority (“SRA”) by making an order.

It also brings into force sections 42 and 43 of the Act in Part 4 of the Act.

Section 42 sets out the duties of the Secretary of State, the Scottish Ministers and the National Assembly for Wales in publishing guidance on assessing closure proposals referred to in sections 22 to 31 of the Act.

Section 43 provides for Parliamentary scrutiny of Closures Guidance, and modifications to such Guidance. Closures Guidance and modifications to it must be laid before Parliament and/or the Scottish Parliament as appropriate, and are brought into force by order. Where guidance or modification to such guidance is made by Secretary of State or the Scottish Ministers or both of them jointly with the National Assembly for Wales (“NAW”), then an order may only be made with the consent of the NAW.

Article 2 also brings into force the interpretation provisions in section 45 (1) and (2) which relate to those other provisions in Part 4 of the Act commenced by this Order. Article 2 also partially commences sections 56 and 59(1) and (6) of the Act.

Article 2 also brings into force the amendments made by Schedules 12 and 13 of the Act to section 248 of the Transport Act 2000 substituting references to the Strategic Rail Authority with references to the Secretary of State, the Scottish Ministers or the National Assembly for Wales. Section 248 requires operators of railway passenger services, so far as is reasonably practicable, to ensure that any substitute road services allow disabled passengers to travel safely and in reasonable comfort.