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

Transitional provisions and savings

3.—(1) The following transitional provisions shall have effect until the day appointed for the commencement of the repeal of sections 43 (other than subsection (4)), 46, 47 (other than subsection (6)), 47A and 48 and Schedule 5(1) of the 1993 Act.

(2) Subject to paragraphs 3 to 5, each reference to a Rail Passengers' Committee in sections 43, 46, 47, 47A and 48 and Schedule 5 of the 1993 Act shall have effect as follows:

(a) in relation to the area for which the London Transport Users' Committee fell to be treated as the Rail Passengers' Committee for the purposes set out in section 2(4) of the 1993 Act (Rail Passengers' Committees) immediately before the repeal of that section, each reference shall have effect as a reference to the London Transport Users' Committee.

(b) in relation to any other area, each reference shall have effect as a reference to the Rail Passengers' Council established by section 19(1) of the Railways Act 2005.

(3) If the London Transport Users' Committee has prepared a report under section 43(3)(c) of the 1993 Act, it shall send a copy of that report to the Rail Passengers' Council and may publish the report in any manner which it considers appropriate.

(4) Section 47A of the 1993 Act shall have effect as if for subsection (3) there were substituted the words “Where objections with respect to any proposed withdrawal of service have been lodged with the Rail Passengers' Council and the London Transport Users' Committee, they may report to the Secretary of State jointly under this section or agree that their functions under this section shall be delegated to either of them”.

(5) Paragraph 5(2) of Schedule 5 to the 1993 Act shall have effect as if:

(a) for the words “more than one Rail Passengers' Committee, the Rail Passengers' Committees in question” there were substituted the words “the Rail Passengers' Council and the London Transport Users' Committee, they”; and

(b) for the words “any of those Rail Passengers' Committees appearing” there were substituted the words “whichever of the Rail Passengers' Council and the London Transport Users' Committee appears”.

(1)

Sections 43, 46 and 48 and Schedule 5 were amended by the Transport Act 2000 (c. 38), section 227 and Schedule 22, Part 1, paragraphs 1, 4, 5, 6, and 14; there are other amending enactments but none is relevant. A revised version of section 47, and section 47A were substituted for section 47 as originally enacted by the Transport Act 2000, section 215, Schedule 16, paragraphs 8 and 31.