The Railways (Class and Miscellaneous Exemptions) Order 1994

Type Statutory-Instrument
Publication 1994-03-08
State In force
Department Queen's Printer of Acts of Parliament
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articles 4
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Made: 8th March 1994

Laid before Parliament: 8th March 1994

Coming into force

The Secretary of State, in exercise of the powers conferred on him by sections 7(1), (2), (9) and (10), 20(1), (2), (8), (9), (11) and (12), 24(1), (2), (8) and (11), 49(2), (4) and (5), 143(4) and 151(5) of the Railways Act 1993[^f00001] and of all other powers enabling him in that behalf, and after consultation with the Rail Regulator in accordance with the said sections 7(1) and 20(1) in respect of articles 1 to 5, hereby makes the following Order:

Citation and commencement

1

Interpretation

2

Licence exemption

3

Railway assets in respect of which licence exemption in article 3 applies

4

Article 3 applies to the following railway assets, namely—

Facility exemption

5

in respect of that railway facility or that part.

in respect of that railway facility.

Franchise exemption

6

in respect of that service.

Disapplication of closure provisions

7

SCHEDULE 1 — LIGHT MAINTENANCE DEPOTS IN RESPECT OF WHICH LICENCE AND FACILITY EXEMPTIONS APPLY

SCHEDULE 2

PART I — RAILWAY GOODS TERMINALS COMPRISING NETWORK IN, RESPECT OF WHICH LICENCE AND FACILITY EXEMPTIONS APPLYBarking Freightliner Terminal, Box Lane, Renwick Road, Barking, Greater London, IG11 0SE

PART II — FURTHER RAILWAY GOODS TERMINALS COMPRISING, NETWORK IN RESPECT OF WHICH LICENCE EXEMPTION APPLIES

Signed

Signed by authority of the Secretary of State for Transport

Roger Freeman — Minister of State, — Department of Transport — 8th March 1994

Explanatory note

(This note is not part of the Order)

This Order provides for the grant of class and miscellaneous exemptions from the licensing, access, franchising and closure provisions of the Railways Act 1993 (“the Act”).

Articles 3 and 4 provide for any person to be exempt from the requirement to hold a licence to be the operator of—

Article 5 grants an exemption from sections 17 and 18 of the Act (access to railway facilities) in respect of track comprised in any network, and any station or light maintenance depot, which is the subject of the licence exemption granted by articles 3 and 4. (In the case of light maintenance depots listed in Schedule 1 the exemption is granted only to any private sector operator.) The exemption does not apply to any part of a light maintenance depot listed in Schedule 1 which consists of a locomotive fuelling point, or to any track or parts of light maintenance depots to which access is required in order to use any such fuelling point; nor to track comprised in the railway goods terminals listed in Part II of Schedule 2.

In addition article 5 grants a facility exemption in respect of Waterloo International and Ashford International Stations, and the light maintenance depots at Longsight and North Pole; and a facility exemption in respect of parts of stations (other than those mentioned in article 4) used only by operators other than the Board, LRT and their subsidiaries.

Article 6 grants an exemption from section 23(1) of the Act (designation of passenger services as eligible for franchising) in respect of all services provided immediately before 1st April 1994 other than by the Board, LRT and their subsidiaries; all services provided wholly on network which is the subject of the licence exemption granted by articles 3 and 4; and all services which involve travel through the Channel Tunnel.

The exemptions in articles 3, 5 and 6 can be revoked by agreement between the Secretary of State and the person having the benefit of the exemption. The exemption in article 5(5) (for certain facilities used for international services) can also be revoked by the Secretary of State if any of the facilities is used other than for such services.

Article 7 provides that section 37 of the Act (closure of non-franchised passenger services) is not to apply to railway passenger services provided on any of the networks referred to in article 4, and that sections 39 and 41 of the Act (closure of operational passenger networks and facilities) are not to apply to those networks, stations and light maintenance depots referred to in article 4, or to the stations and light maintenance depots mentioned in article 5(5). (Channel Tunnel services and related networks, stations and light maintenance depots are excluded from article 7 because the closure provisions of the Act do not apply to them in any event.)

Footnotes

[^f00001]: 1993 c. 43. Sections 6(1) (referred to in section 7(10)) and 23(1) (referred to in section 24(11)) come into force on 1st April 1994. Sections 17 and 18 (referred to in section 20(9)) come into force on 2nd April 1994.

[^f00002]: 1987 c. 53.

[^f00003]: S.I. 1987/37; see regulation 2.

[^f00004]: 1954 c. 70; section 180 was modified by S.I. 1974/2013.

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