- Latest available (Revised)
- Point in Time (01/12/2006)
- Original (As enacted)
Point in time view as at 01/12/2006. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Railways Act 2005, Section 36.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The power to designate a railway passenger service as experimental for the purposes of this Part is exercisable—
(a)if it is a Scotland-only service, by the Scottish Ministers;
(b)if it is a cross-border service in respect of which more funding is provided by the Scottish Ministers than the Secretary of State, by those Ministers;
(c)if it is a Welsh service in respect of which more funding is provided by the National Assembly for Wales than the Secretary of State, by the National Assembly for Wales; and
(d)in the case of any other service, by the Secretary of State.
(2)The designation must be in relation to a line or station on or from which the service will be provided.
(3)A service may not be designated as experimental for a period exceeding five years.
(4)Where a service is designated as experimental for a period of less than five years—
(a)the designation may subsequently be extended (on one or more occasions) by the person who made it; but
(b)the aggregate of the periods for which the service is designated as experimental must not exceed five years.
(5)In determining for the purposes of this section the period or aggregate period for which a service is designated as experimental, any period before the service is introduced is to be disregarded.
(6)The person who designates a service as experimental or extends such a designation must—
(a)send a copy of the designation or extension to the Office of Rail Regulation; and
(b)publish notice of the designation or extension in two successive weeks—
(i)in a local newspaper circulating in the area affected by the designation or extension; and
(ii)in two national newspapers.
(7)Where—
(a)a service is designated as experimental or its designation is extended, and
(b)the service is to be provided otherwise than in satisfaction of requirements imposed by a franchise agreement,
the person designating must give notice of the designation or extension to the person who is to provide the service.
(8)For the purposes of subsection (6)(b)(i) the area affected by a designation, or by the extension of a designation, is the area in which is situated the line or station in relation to which the designation is or was made.
(9)For the purposes of subsection (6)(b)(ii) as it applies in relation to—
(a)a Scotland-only service, or
(b)a Wales-only service,
a newspaper which circulates generally in Scotland or, as the case may be, Wales is to be regarded as being a national newspaper.
(10)Where any railway passenger service is treated immediately before the commencement of this section as an experimental passenger service for the purposes of Part 1 of the 1993 Act—
(a)that service shall be treated as designated as experimental for the purposes of this Part; and
(b)the period for which it is treated as having been designated at that time shall be taken into account in determining the period or aggregate period for which it may be designated under this section.
Commencement Information
I1S. 36 in force at 1.12.2006 by S.I. 2006/2911, art. 2, Sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: