Statutory Instruments
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 2005(1):
1. This Order may be cited as the Railways Act 2005 (Commencement No. 6) Order 2006.
2.—(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 2000(2).
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State
Department for Transport
12th July 2006
(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.
(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.
| Provision | Date of Commencement | S.I .No |
|---|---|---|
| Section 1(1) (partially) | 8th June 2005 (partially) | 2005/1444 |
| 26th June 2005 (partially) | ||
| 24th July 2005 (partially) | 2005/1909 | |
| 16th October 2005 (partially) | 2005/2812 | |
| Section 1(2) | 8th June 2005 | 2005/1444 |
| Section 1(3) | 8th June 2005 (partially) | 2005/1444 |
| 24th July 2005 (remainder) | 2005/1909 | |
| Section 1(4) to (9) | 8th June 2005 | 2005/1444 |
| Section 2 | 7th February 2006 (partially) | 2006/266 |
| 1st April 2006 (remainder) | ||
| Section 3(1) (partially) | 8th June 2005 (partially) | 2005/1444 |
| 26th June 2005 (partially) | ||
| 1st April 2006 (partially) | 2006/266 | |
| Section 3(2) | 8th June 2005 (partially) | 2005/1444 |
| 1st April 2006 (remainder) | 2006/266 | |
| Section 3(3) | 26th June 2005 | 2005/1444 |
| Section 3(4) | 1st April 2006 | 2006/266 |
| Section 3(6) (partially) | 16th October 2005 | 2005/2812 |
| Section 3 (7) | 26th June 2005 | 2005/1444 |
| Section 3(8)(a) | 8th June 2005 (partially) | 2005/1444 |
| 1st April 2006 (remainder) | 2006/266 | |
| Section 3(8)(b) | 16th October 2005 | 2005/2812 |
| Section 3(8)(c) | 8th June 2005 | 2005/1444 |
| Section 3(8)(d) | 24th July 2005 | 2005/1909 |
| Section 3(9) | 8th June 2005 (partially) | 2005/1444 |
| 1st April 2006 (partially) | 2006/266 | |
| Section 3(10) | 16th October 2005 (partially) | 2005/2812 |
| 1st April 2006 (remainder) | 2006/266 | |
| Section 3(11)(a) | 24th July 2005 | 2005/1909 |
| Section 3(11)(b) | 26th June 2005 (partially) | 2005/1444 |
| 1st April 2006 (remainder) | 2006/266 | |
| Section 5 | 21st August 2005 | 2005/2252 |
| Section 6(1) to (3) | 8th June 2005 | 2005/1444 |
| Section 6(4) | 8th June 2005 (partially) | 2005/1444 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Section 6(5) to (8) | 8th June 2005 | 2005/1444 |
| Section 7 | 8th June 2005 | 2005/1444 |
| Section 8 | 16th October 2005 | 2005/2812 |
| Section 9 | 16th October 2005 | 2005/2812 |
| Section 10, except subsection (6) | 8th June 2005 | 2005/1444 |
| Section 10(6) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Section 11 | 8th June 2005 | 2005/1444 |
| Section 12(1) to (7) | 24th July 2005 | 2005/1909 |
| Section 12(8) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Section 13 | 24th July 2005 | 2005/1909 |
| Section 14 (as regards England and Wales) | 24th July 2005 | 2005/1909 |
| Sections 15 and 16 | 24th July 2005 | 2005/1909 |
| Section 18 | 24th July 2005 | 2005/1909 |
| Sections 19 to 21 | 24th July 2005 | 2005/1909 |
| Section 40(1) to (3) | 24th July 2005 | 2005/1909 |
| Section 40(4) except paragraph (b) | 24th July 2005 | 2005/1909 |
| Section 40(4)(b) and (5) | 16th October 2005 | 2005/2812 |
| Section 40(6) and (7) | 24th July 2005 | 2005/1909 |
| Section 46(1),(2),(7) and (8) | 24th July 2005 | 2005/1909 |
| Section 46(3) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Section 46(4), (5) and (6) | 16th October 2005 | 2005/2812 |
| Section 47 | 16th October 2005 | 2005/2812 |
| Section 48 | 16th October 2005 | 2005/2812 |
| Section 49 | 16th October 2005 | 2005/2812 |
| Section 50 | 16th October 2005 | 2005/2812 |
| Section 51(1)(a) | 8th June 2005 | 2005/1444 |
| Section 51(1)(b) | 1st April 2006 | 2006/266 |
| Section 51(1)(c) | 8th June 2005 | 2005/1444 |
| Section 51(2) | 16th October 2005 | 2005/2812 |
| Section 51(3) and (4) | 8th June 2005 | 2005/1444 |
| Section 51(5) | 1st April 2006 | 2006/266 |
| Section 52 | 24th July 2005 | 2005/1909 |
| Section 53 | 8th June 2005 (partially) | 2005/1444 |
| 24th July 2005 (remainder) | 2005/1909 | |
| Section 54(1) to (3) | 8th June 2005 | 2005/1444 |
| Section 54(4) (partially) | 8th June 2005 (partially) | 2005/1444 |
| 24th July 2005 (partially) | 2005/1909 | |
| 16th October 2005 (partially) | 2005/2812 | |
| Section 55 | 8th June 2005 | 2005/1444 |
| Section 56(2) (partially) | 8th June 2005 | 2005/1444 |
| Section 56(3), except paragraphs (b) and (c) | 8th June 2005 | 2005/1444 |
| Section 56(4) | 8th June 2005 | 2005/1444 |
| Section 56(5) | 8th June 2005 (partially) | 2005/1444 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Section 56(6) | 8th June 2005 | 2005/1444 |
| Section 57 | 8th June 2005 | 2005/1444 |
| Section 58 | 8th June 2005 | 2005/1444 |
| Section 59(1) (partially) | 8th June 2005 (partially) | 2005/1444 |
| 24th July 2005 (partially) | 2005/1909 | |
| 16th October 2005 (partially) | 2005/2812 | |
| 21st November 2005 (partially) | ||
| 1st April 2006 (partially) | 2006/266 | |
| Section 59(2) to (5) | 8th June 2005 | 2005/1444 |
| Section 59(6) (partially) | 8th June 2005 (partially) | 2005/1444 |
| 26th June 2005 (partially) | ||
| 24th July 2005 (partially) | 2005/1909 | |
| 16th October 2005 (partially) | 2005/2812 | |
| 21st November 2005 (partially) | ||
| 1st April 2006 (partially) | 2006/266 | |
| Section 59(7) (partially) | 16th October 2005 (partially) | 2005/2812 |
| Schedule 1, paragraphs 1 to 10 | 24th July 2005 | 2005/1909 |
| Schedule 1, paragraph 11 | 16th October 2005 | 2005/2812 |
| Schedule 1, paragraph 13(1) and (3) | 24th July 2005 | 2005/1909 |
| Schedule 1, paragraph 13(2) | 16th October 2005 | 2005/2812 |
| Schedule 1, paragraph 13(4)(a) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Schedule 1, paragraph 13(4)(b) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Schedule 1, paragraph 13(5) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Schedule 1, paragraph 14 | 16th October 2005 | 2005/2812 |
| Schedule 1, paragraphs 15 to 19 | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Schedule 1, paragraph 20(1) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Schedule 1, paragraph 20(2) and (3) | 24th July 2005 | 2005/1909 |
| Schedule 1, paragraph 20(4) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Schedule 1, paragraph 20(5) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Schedule 1, paragraph 21(1) (partially) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (partially) | 2005/2812 | |
| Schedule 1, paragraph 21(2) | 24th July 2005 | 2005/1909 |
| Schedule 1, paragraph 21(4) to (8) (partially) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (partially) | 2005/2812 | |
| Schedule 1, paragraph 22 (partially) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (partially) | 2005/2812 | |
| Schedule 1, paragraph 23(1) (partially) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (partially) | 2005/2812 | |
| Schedule 1, paragraph 23(2) and (3) (partially) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (partially) | 2005/2812 | |
| Schedule 1, paragraph 24(1) (partially) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (partially) | 2005/2812 | |
| Schedule 1, paragraph 24(2) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Schedule 1, paragraphs 25 and 26 (partially) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (partially) | 2005/2812 | |
| Schedule 1, paragraphs 27 and 28 | 24th July 2005 | 2005/1909 |
| Schedule 1, paragraph 29 | 26th June 2005 | 2005/1444 |
| Schedule 1, paragraph 30(1) and (2) | 24th July 2005 | 2005/1909 |
| Schedule 1, paragraph 30(3) except sub-paragraph (b) | 24th July 2005 | 2005/1909 |
| Schedule 1, paragraph 30(3)(b) | 16th October 2005 | 2005/2812 |
| Schedule 1, paragraph 30(4) to (7) | 24th July 2005 | 2005/1909 |
| Schedule 1, paragraph 31 | 16th October 2005 | 2005/2812 |
| Schedule 1, paragraph 32(1) | 24th July 2005 | 2005/1909 |
| Schedule 1, paragraph 32(3) to (5) | 24th July 2005 | 2005/1909 |
| Schedule 1, paragraph 33 | 24th July 2005 | 2005/1909 |
| Schedule 1, paragraph 35 (partially) | 24th July 2005 | 2005/1909 |
| Schedule 1, paragraph 35 (remainder) | 16th October 2005 | 2005/2812 |
| Schedule 1, paragraph 36(a) | 24th July 2005 | 2005/1909 |
| Schedule 1, paragraph 36(c) | 16th October 2005 | 2005/2812 |
| Schedule 1, paragraph 37 | 8th June 2005 | 2005/1444 |
| Schedule 2 | 8th June 2005 (partially) | 2005/1444 |
| 24th July 2005 (remainder) | 2005/1909 | |
| Schedule 3 | 7th February 2006 (partially) | 2006/266 |
| 1st April 2006 (remainder) | ||
| Schedules 5 and 6 | 24th July 2005 | 2005/1909 |
| Schedule 9 (partially) | 24th July 2005 | 2005/1909 |
| Schedule 9 (remainder) | 16th October 2005 | 2005/2812 |
| Schedule 10 | 8th June 2005 (partially) | 2005/1444 |
| 24th July 2005 (remainder) | 2005/1909 | |
| Schedule 11, paragraph 1 (partially) | 8th June 2005 (partially) | 2005/1444 |
| 24th July 2005 (partially) | 2005/1909 | |
| 16th October 2005 (partially) | 2005/2812 | |
| Schedule 11, paragraph 6 (partially) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (partially) | 2005/2812 | |
| Schedule 11, paragraphs 7(2), 8, 9 and 12 | 24th July 2005 | 2005/1909 |
| Schedule 11, paragraph 14(1) to (5) | 8th June 2005 | 2005/1444 |
| Schedule 11, paragraph 14(6) and (7) (as regards England and Wales) | 24th July 2005 | 2005/1909 |
| Schedule 11, paragraph 15 | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Schedule 11, paragraph 16(1) | 8th June 2005 | 2005/1444 |
| Schedule 11, paragraph 16(2) | 24th July 2005 | 2005/1909 |
| Schedule 12, paragraph 1(1) (partially) | 24th July 2005 | 2005/1909 |
| Schedule 12, paragraph 1(3) | 24th July 2005 | 2005/1909 |
| Schedule 12, paragraph 2(1) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Schedule 12, paragraph 2(2) | 24th July 2005 | 2005/1909 |
| Schedule 12, paragraph 2(3) and (4) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Schedule 12, paragraph 3 | 24th July 2005 | 2005/1909 |
| Schedule 12, paragraph 4 | 1st April 2006 | 2006/266 |
| Schedule 12, paragraph 5 | 24th July 2005 | 2005/1909 |
| Schedule 12, paragraph 6 | 1st April 2006 | 2006/266 |
| Schedule 12, paragraph 7 | 8th June 2005 | 2005/1444 |
| Schedule 12, paragraph 8 | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Schedule 12, paragraphs 9, 10 and 11 | 8th June 2005 | 2005/1444 |
| Schedule 12, paragraph 12 | 1st April 2006 | 2006/266 |
| Schedule 12, paragraph 13 | 21st November 2006 | 2005/2812 |
| Schedule 12, paragraph 14(1) (partially) | 8th June 2005 (partially) | 2005/1444 |
| 24th July 2005 (partially) | 2005/1909 | |
| Schedule 12, paragraph 14(3), (4) and (6) to (9) | 24th July 2005 | 2005/1909 |
| Schedule 12, paragraph 14(5)(b) | 8th June 2005 | 2005/1444 |
| Schedule 12, paragraphs 15 and 16 | 8th June 2005 | 2005/1444 |
| Schedule 12, paragraph 17(1) (partially) | 8th June 2005 (partially) | 2005/1444 |
| 24th July 2005 (partially) | 2005/1909 | |
| Schedule 12, paragraph 17(2) and (3) | 24th July 2005 | 2005/1909 |
| Schedule 12, paragraph 17(7) | 8th June 2005 | 2005/1444 |
| Schedule 12, paragraph 17(8) and (9) | 24th July 2005 | 2005/1909 |
| Schedule 12, paragraph 18(1) | 8th June 2005 (partially) | 2005/1444 |
| 24th July 2005 (partially) | 2005/1909 | |
| 16th October 2006 (remainder) | 2005/2812 | |
| Schedule 12, paragraph 18(2)(a) and (b) | 24th July 2005 | 2005/1909 |
| Schedule 12, paragraph 18(2)(c) and (3) | 24th July 2005 (partially) | 2005/1909 |
| 16th October 2005 (remainder) | 2005/2812 | |
| Schedule 12, paragraph 18(4) | 8th June 2005 | 2005/1444 |
| Schedule 13, Part 1 (partially) | 8th June 2005 (partially) | 2005/1444 |
| 26th June 2005 (partially) | ||
| 24th July 2005 (partially) | 2005/1909 | |
| 16th October 2005 (partially) | 2005/2812 | |
| 21st November 2005 | ||
| 1st April 2006 (partially) | 2006/266 | |
| Schedule 13, Part 2 (partially) | 16th October 2005 | 2005/2812 |