Railways Act 2005

Section 59

SCHEDULE 13 E+W+S Repeals

Part 1 E+W+S Repealed enactments

Commencement Information

I1 Sch. 13 Pt. 1 in force at 8.6.2005 for specified purposes by S.I. 2005/1444, art. 2(1), Sch. 1

Short title and chapter	Extent of repeal
Ministry of Transport Act 1919 (c. 50)	Section 17(1)(a).
Transport Act 1962 (c. 46)	In section 43— (a) in subsections (1), (2) and (5), the words “or the Strategic Rail Authority”; (b) in subsection (3), the words “and the Strategic Rail Authority”. In section 56— (a) in subsection (4), the words from “and copies” to the end; (b) subsection (5); (c) in subsection (6ZA), the words “in the case of any Rail Passengers' Committee” and the words “that Rail Passengers' Committee and”; (d) subsection (20).
Parliamentary Commissioner Act 1967 (c. 13)	In Schedule 2, the entries relating to Rail Passengers' Committees and to the Strategic Rail Authority.
Transport Act 1968 (c. 73)	In section 10(1), paragraphs (vi) and (viza). In section 15(1)(d), the words from “otherwise” onwards. In section 20— (a) in subsection (2), the words from the beginning to “9A(3) of this Act” and paragraph (b) and the word “and” immediately preceding it; (b) subsections (3) to (7). In section 56(2B), the definition of “franchising functions”.
Superannuation Act 1972 (c. 11)	In Schedule 1, in the list of “Other Bodies”, the entry relating to the Strategic Rail Authority.
Health and Safety at Work etc. Act 1974 (c. 37)	In section 18(5), the words “or by regulations under subsection (2) above”. Section 78(7)(c).
House of Commons Disqualification Act 1975 (c. 24)	In Schedule 1— (a) in Part 2, the entry relating to the Strategic Rail Authority; (b) in Part 3, the entry relating to a member of a Rail Passengers' Committee in receipt of remuneration.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)	In Part 2 of Schedule 1, the entry relating to the Strategic Rail Authority.
Race Relations Act 1976 (c. 74)	In Part 2 of Schedule 1A, the entry relating to the Strategic Rail Authority.
Transport Act 1985 (c. 67)	In Schedule 3, paragraph 13.
Channel Tunnel Act 1987 (c. 53)	In section 41(1)(a), the words “and each of the Rail Passengers' Committees”.
Railways Act 1993 (c. 43)	Section 2. Section 3. In section 4— (a) in subsection (3)(a), the words from “taking into account” to “Executive”; (b) in subsection (3A), paragraph (a) and, in paragraph (b), the words “and 37 to 50”; (c) in subsection (5)(d), the words “London Regional Transport”. In section 7— (a) in subsections (1) and (3), the words “and the Authority”, in each place; (b) subsections (5A), (6A) and (8A). Section 7A. In section 8— (a) in subsection (1)(a), the words “and the Authority”; (b) in subsection (1)(b), the words “given after consultation with the Authority”; (c) in subsection (2), paragraph (a); (d) in subsection (7)(a), the words “, to the Authority and to the Health and Safety Executive”; (e) in subsection (7)(b), the words “and to the Health and Safety Executive”; (f) in subsection (8), the words “and the Authority”. In section 10(4), the definition of “call”. In section 11— (a) in subsection (2)(b), the words “and the Authority”; (b) in subsection (4), the words “or persons”. In section 12— (a) subsections (1A) to (1C); (b) in subsection (3), the words “(1B) or” and “the Authority or”; (c) subsection (4). Section 13(1A) to (1C). Section 14(5A). In section 15— (a) subsections (1B) and (3A); (b) in subsections (2), (4A), (4B), (4C) and (4D), the words “or Authority”, wherever occurring; (c) in subsection (4) the words “or (3A)” and “or the Authority”; (d) subsection (5). In section 15A(1), the words “or Authority”. In section 15B— (a) in subsection (1)(b), the words “or required to be made by the Authority”; (b) in subsection (5), the words “the Authority and the Health and Safety Executive”. In section 15C(3), the words “and the Authority”, and “each”. In section 16(3), the words “to the Authority and to the Health and Safety Executive”. Section 23(2B). In section 24(3), the words “and the Authority”. Section 26(4). In section 30(1)— (a) paragraph (a); and (b) in paragraph (b), the words “(otherwise than because of such a direction)”. Sections 34 and 35. Sections 37 to 49. Section 50(1)(a) and (2). In section 54(3), the definition of “franchising functions” in relation to a Passenger Transport Authority or Passenger Transport Executive. In section 55— (a) in subsection (5), the words “or, as the case may be, section 207 of the Transport Act 2000”; (b) in subsection (10), in paragraph (a) of the definition of “the appropriate authority”, the words “apart from a condition which relates to consumer protection,”; (c) in that subsection, in paragraph (d) of the definition of “relevant condition or requirement”, the words “(other than the Authority)”. In section 59(6)(a), the “and” at the end of sub-paragraph (ii). In section 61— (a) in subsection (1), sub-paragraph (ii) of paragraph (a); (b) in subsection (2), paragraph (b) and the word “or” immediately preceding it. In section 62— (a) in subsection (2), sub-paragraph (ii) of paragraph (a); (b) in subsection (3), paragraph (b) and the word “or” immediately preceding it; (c) in subsection (5), sub-paragraph (ii) of paragraph (a); (d) in subsection (6), paragraph (b) and the word “or” immediately preceding it; (e) in subsection (7), paragraph (b) and the word “and” immediately preceding it. In section 63(2), the words “in such manner and on such conditions as he may think fit”. In section 67(6), sub-paragraph (i) of paragraph (b). In section 68(1)(a), the words “which does not relate to consumer protection”. Section 69(4). Section 71A. In section 72(1), the words “for the purposes of this Part”. In section 73— (a) in subsection (1), the words “for the purposes of this Part”; (b) in subsection (2), in paragraph (e), the words “a licence or”, and paragraphs (h) to (m); (c) subsections (5) and (6). Section 75. In section 76— (a) subsection (3); (b) in subsection (6)(a), the words “and the Authority”; (c) subsection (8). Section 77. Section 79. In section 83— (a) in subsection (1), the definitions of “closure consent” and “notice period”; (b) subsection (3). In section 118— (a) subsection (1) (b); (b) in subsection (3), the words “or the Authority”; (c) in subsection (5), the words “and the Authority” and “each”; (d) in subsection (9), the words “and the Authority”. Section 130(5), (6) and (10). In section 136— (a) subsection (3)(b); (b) in subsection (6), the words “and the Authority” and “each”; (c) in subsections (7) and (10), the words “or the Authority”, wherever occurring. In section 144(1), the words from “and a Passenger Transport Executive” onwards. In section 145— (a) the words “the Authority”, wherever occurring; (b) subsection (7). In section 151— (a) the definition of “the Authority”; (b) the words “the Authority”, wherever occurring; (c) subsection (3). Schedule 2. Schedule 3. In Schedule 4A— (a) paragraph 3; (b) in paragraph 7(4)(b), the words “the Authority and the Health and Safety Executive”; (c) paragraph 10. Schedule 5. In Schedule 6— (a) in paragraph 3, in the substituted section 13(3), paragraph (b); (b) in paragraph 7(2), in the substituted section 18(1)(b), the words from “or, if” to “consent of the Secretary of State”; (c) in paragraph 9, in each of subsections (1) and (2A) of the substituted section 23, paragraph (c); (d) in paragraph 10(2), in the substituted section 27(1A), the words from “or, if” to “consent of the Secretary of State”. In Schedule 11, in paragraph 1(1), in the definition of “eligible persons”, paragraph (a)(ia).
Railway Heritage Act 1996 (c. 42)	Section 1(a) and (b). In section 2(2)(a), the words “the Authority with the approval of”.
Channel Tunnel Rail Link Act 1996 (c. 61)	Section 19(2), (5) and (6). Section 42A.
Greater London Authority Act 1999 (c. 29)	In section 175(1), the words after paragraph (b). Sections 196 and 197. In section 199(1), the words “and the Strategic Rail Authority”. Section 201. Sections 203 and 204. In section 235(2)(b), the words “the Strategic Rail Authority,”. Section 252(1). In Schedule 19, paragraph 5.
Freedom of Information Act 2000 (c. 36)	In Part 6 of Schedule 1, the entries relating to any Rail Passengers' Committee established under section 2(2) of the Railways Act 1993 and to the Strategic Rail Authority.
Transport Act 2000 (c. 38)	Sections 201 to 211. Section 212(4). Sections 213 and 214. Section 217(2). Sections 218 to 222. Section 224(2)(b). Section 226(1)(c) and the word “and” immediately preceding it. In section 227— (a) subsection (1); (b) in subsection (3), the words from “and such references” to the end. In section 228— (a) in subsection (2), the words “of each of those sections”; (b) in subsection (3), paragraph (b) and the word “and” immediately preceding it; (c) subsection (5). Sections 234 to 239. Section 246. In section 248(3), the words “or it”. Section 249. Section 251. In section 278— (a) in subsection (2), paragraph (b) and the word “or” immediately preceding it; (b) in subsection (3), paragraph (b) and the word “or” immediately preceding it. Schedules 14 and 15. In Schedule 16— (a) paragraphs 2 to 7; (b) paragraphs 9 to 13; (c) paragraph 14(2), (3)(a) and (4); (d) paragraph 15; (e) paragraph 16(2) and (3)(a); (f) paragraph 17(2)(a), (3), (4)(a) and (5)(a); (g) paragraph 18(2)(a) and (3); (h) paragraphs 19 to 33; (i) paragraph 34(2)(a), (3) and (4)(a), (b) and (c); (j) paragraph 35(3)(b), (4) and (5); (k) paragraphs 39 to 42; (l) paragraphs 44 to 48; (m) paragraph 49(2), (3)(a), (4) and (5); (n) paragraph 50; (o) paragraph 51(2), (4) and (5); (p) paragraphs 52 and 53; (q) paragraph 59; (r) paragraphs 61 and 62. (s) paragraph 64; (t) paragraph 66. In Schedule 17— (a) paragraph 2(2) to (5), (7) and (8); (b) paragraph 3; (c) paragraph 4(2)(a) and (5)(a); (d) paragraph 6(2), (3)(a), (4) and (5); (e) paragraph 7(2) to (4), (5)(a), (6)(a), (7) and (8)(a); (f) paragraph 8(2), (3)(a), (4) and (5); (g) paragraph 9(4)(b) and (6) to (8); (h) paragraph 10; (i) paragraph 11(3); (j) paragraphs 13 and 14; (k) paragraph 16(b) and the word “and” immediately preceding it; (l) paragraphs 18 and 19; (m) paragraph 20(2) and (5); (n) paragraphs 21 to 27; (o) paragraphs 29 and 30; (p) Part 3. In Schedule 18— (a) paragraphs 1 to 3; (b) paragraph 6(2) and (3)(a); (c) Part 2. Schedules 19 to 21. In Schedule 22— (a) paragraphs 2 to 7; (b) in paragraph 8, sub-paragraph (4)(b) and, in sub-paragraph (10), the words “and Rail Passengers' Committees”; (c) paragraphs 9 to 14; (d) paragraph 15(2)(c) to (e), (3), (4)(a), (5) and (6); (e) paragraph 18; (f) paragraph 22; (g) paragraph 23(a). In Schedule 23, paragraphs 1 to 9. In Schedule 25, in paragraph 15, the words “and the Authority”. In Schedule 27— (a) paragraph 1(4) to (6); (b) paragraphs 2 to 5; (c) paragraph 14; (d) paragraph 24(3); (e) paragraphs 25 to 29; (f) paragraph 30(2); (g) paragraph 35; (h) paragraph 39(3) and (5); (i) paragraph 41(2); (j) paragraph 43; (k) paragraphs 46 and 47; (l) paragraph 55; (m) paragraph 58; (n) paragraphs 60 and 61; (o) paragraph 62(5) and (6). In Schedule 28— (a) paragraph 1; (b) paragraph 4; (c) in paragraph 5(2), the words from “; but the Authority” to the end. (d) paragraph 6; (e) in paragraph 7, in sub-paragraph (1), the words “, as inserted by section 225(1),”, and in sub-paragraph (2), the words “, as inserted by section 225(2),”; (f) paragraphs 8 and 9; (g) paragraphs 11 to 16. In Schedule 31, the entry relating to the Railway Heritage Act 1996.
Enterprise Act 2002 (c. 40)	In section 168— (a) in subsection (4), in paragraph (h), the words “where none of the conditions of the licence relate to consumer protection”, and paragraph (i); (b) in subsection (5), the word “or” at the end of paragraph (i).
Scottish Public Services Ombudsman Act 2002 (asp 11)	In Part 2 of Schedule 2, paragraph 82.
Railways and Transport Safety Act 2003 (c. 20)	Section 62(1)(j), (m) and (n). In section 73(3)— (a) paragraph (a); (b) in paragraph (b), the words “(whether by the Strategic Rail Authority or by another person)”. Section 104. In Schedule 2— (a) in the table in paragraph 3, the entries relating to sections 7A, 43, 46, 46A, 46B, 75, 77 and 79 and Schedules 2 and 3; (b) paragraph 11; (c) paragraph 16. In Schedule 4— (a) paragraph 2(1)(d); (b) paragraph 6(b) and the word “or” immediately preceding it.

Valid from 16/10/2005

Part 2 E+W+S Savings

Valid from 01/12/2006

1 E+W+S The repeal of the entry relating to the Strategic Rail Authority in the list of “Other Bodies” in Schedule 1 to the Superannuation Act 1972 (c. 11) does not affect—

(a) any pension, allowance or gratuity granted before the coming into force of the repeal to or in respect of a person by virtue of his employment with the Strategic Rail Authority; or

(b) any right or entitlement to the grant of a pension, allowance or gratuity accruing before that coming into force to or in respect of a person by virtue of that employment.

2 E+W+S The repeal of section 219 of the 2000 Act has effect subject to section 46(4).

Commencement Information

I2 Sch. 13 Pt. 2 para. 2 in force at 16.10.2005 by S.I. 2005/2812, art. 2(1), Sch. 1

Valid from 01/12/2006

3 E+W+S The repeal of Part 3 of Schedule 17 to that Act does not affect the provisions of that Part in their application in relation to any transfer scheme made before the coming into force of the repeal.

Valid from 01/12/2006

4 E+W+S The repeal of Schedule 19 to that Act does not affect the provisions of that Schedule in their application in relation to any transfer scheme made before the coming into force of the repeal.