The Railways Act 2005 (Transitional Provisions and Savings) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order makes transitional provisions and savings in connection with the bringing into force of section 21(1) of the Railways Act 2005 (“the 2005 Act”) and the repeal of sections 43(4) and 47(6) of the Railways Act 1993 (“the 1993 Act”) pursuant to Schedule 13 of the 2005 Act on 24th July 2005.

Section 21(1) provides for the abolition of the Rail Passengers' Committees established under section 2(2) of the 1993 Act.

The Rail Passengers' Committees have functions under sections 43, 46, 47, 47A and 48 and Schedule 5 of the 1993 Act in respect of railway closures. Sections 37 to 49 and Schedule 5 of the 1993 Act are the principal provisions of that Act relating to railway closures, and these provisions are to be repealed under Schedule 13 Part 1 of the 2005 Act. With the exception of sections 43(4) and 47(6), these repeals will be brought into force on a date after 24th July 2005.

Article 3(2) of this Order provides that the functions of Rail Passengers' Committees under the 1993 Act provisions relating to railway closures shall be discharged by certain other bodies as a transitional arrangement until the repeals of such provisions are brought into force. Under section 2(4) of the 1993 Act (which is to be repealed on 24th July 2005 under the 2005 Act), the London Transport Users' Committee is currently treated as the Rail Passengers' Committee for the Greater London area (as defined in section 2(9)), and this arrangement is to continue. Any reference to one or more Rail Passengers' Committee for any other area is to be construed as a reference to the Rail Passengers' Council established under section 19(1) of the 2005 Act.

Article 3(4) and (5) makes other modifications to certain provisions relating to railway closures in the 1993 Act pending their repeal coming into force.

The Order also makes transitional provisions and savings in connection with the bringing into force of section 21 of the 2005 Act and the repeal of section 43(4) of the 1993 Act on 24^th July.

Section 43(4) of the 1993 Act provides for a Rail Passengers' Committee to send a report under that section to the Rail Passengers' Council. Article 3(3) of this Order makes equivalent provision in relation to the London Transport Users' Committee following the coming into force of the repeal of section 43(4).

Article 4 is a saving provision which gives continuing validity and effect to actions taken by a Rail Passengers' Committee under sections 43, 46, 47, 47A and 48 and Schedule 5 of the 1993 Act prior to 24th July 2005, by treating such actions as actions of the Rail Passengers' Council.

Article 5 of this Order makes a saving provision in respect of section 145 of the 1993 Act (General restrictions on disclosure of information) following the coming into force of paragraph 16(2) of Schedule 11 to the 2005 Act and the repeal of section 145(7) of the 1993 Act on 24th July 2005. Paragraph 16(2) removes the reference to a Rail Passengers' Committee from section 145(5) of the 1993 Act, as a consequential amendment resulting from the abolition of the Rail Passengers' Committees under section 21(1) of the 2005 Act. Article 5 provides that, notwithstanding this change to section 145(5) and the repeal of section 145(7), the London Transport Users' Committee shall continue to be able to include information which is covered by the general prohibition on disclosure under section 145(1) of the 1993 Act in any report which it makes under Part 1 of the 1993 Act.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.