The Transport and Works Act 1992 (Commencement No. 1) Order 1992

Made: 8th June 1992

The Secretary of State for Transport, in exercise of the powers conferred on him by section 70(1) and (2) of the Transport and Works Act 1992[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and interpretation

1

• (1) This Order may be cited as the Transport and Works Act 1992 (Commencement No. 1) Order 1992.

• (2) In this Order “the Act” means the Transport and Works Act 1992.

Provisions coming into force

2

The provisions of the Act specified in the first column of the Schedule to this Order (which relate to the matters specified in the second column of that Schedule) shall come into force on 15th July 1992.

Transitional provisions

3

The coming into force of sections 63 and 68(1) of, and Schedule 3 and Part II of Schdule 4 to, the Act shall not affect the application to any Harbour Revision Order or Harbour Empowerment Order of special parliamentary procedure to which, at the time of such coming into force—

• (a) in England and Wales, the Order had already become subject by virtue of paragraph 4A or 8A of Schedule 3 to the Harbours Act 1964[^f00002]; or

• (b) in Scotland, the Order had already become subject by virtue of paragraph 4B or 8B of Schedule 3 to the Harbours Act 1964.

4

The repeal of section 62 of the Harbours Act 1964 shall not affect the application of—

• (a) subsection (1) of that section to a Bill the petition for which has been presented to Parliament; or

• (b) subsection (2) of that section to a provisional order for the issue of which a petition has been presented to the Secretary of State pursuant to section 1(1) of the Private Legislation Procedure (Scotland) Act 1936[^f00003],

SCHEDULE — PROVISIONS COMING INTO FORCE ON 15TH JULY 1992

Signed

Signed by authority of the Secretary of State for Transport

Roger Freeman — Minister of State, — Department of Transport — 8th June 1992

Explanatory note

(This note is not part of the Order)

This Order brings into force on 15th July 1992 the provisions of the Transport and Works Act 1992 ( “the Act”) specified in the Schedule to the Order. These include certain provisions relating to the safety of railways and other forms of transport, empowering the Secretary of State to give directions in relation to speeds, loads and insurance cover and making improved provision for the securing of railway crossing gates and barriers. A power of leasing is conferred on certain tramway undertakers.

The Order also brings into force the sections of and Schedules to the Act making changes to the Harbours Act 1964 and associated legislation, in particular in connection with Harbour Revision Orders and Harbour Empowerment Orders. The Order contains a transitional provision which preserves the application of special parliamentary procedure (which is in most circumstances removed) to those Harbour Orders which have already become subject to that procedure. A further transitional provision ensures that the repeal of section 62 of the Harbours Act, which provides for the retention of private Bill and provisional order procedures notwithstanding that the objects of such a Bill or order can be achieved by a Harbour Order, will not apply to any such Bill deposited or order applied for prior to the repeal taking effect.

Footnotes

[^f00001]: 1992 c. 42.

[^f00002]: 1964 c. 40; paragraphs 4A, 4B, 8A and 8B were inserted by the Transport Act 1981 (c. 56).

[^f00003]: 1936 c. 52.

[^f00004]: 1965 c.xxi.

[^f00005]: 1965 c.xli.

[^f00006]: 1967 c. 80.

[^f00007]: 1977 c.xii.