Railways Act 2005

54 Further amendments of the 1993 Act

(1) In sections 118 and 119 of the 1993 Act (powers in emergency and security powers etc.), at the end of subsection (11), in each case, insert “with “railway” having its wider meaning for the purposes of this section.”

(2) After section 119(5) of that Act insert—

“(5A) The Secretary of State may give an instruction under this section for the protection of a relevant asset that is wholly in Scotland, or of persons or property on or in such an asset, only if—

(a) the asset would be a relevant asset even if railway did not have its wider meaning for the purposes of this section; or

(b) the instruction is given in the interests of national security.

(5B) In subsection (5A) the reference to an instruction given in the interests of national security includes a reference to any instruction given for the purpose of ensuring that protection against terrorism is provided to the asset, persons or property in question.”

(3) In section 119(11) of that Act, after the definition of “specified” insert—

““terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11) (see section 1 of that Act);”.

(4) Schedule 11 (which makes further miscellaneous minor and consequential amendments of the 1993 Act) has effect.