The Transport and Works Act 1992 (Commencement No. 3 and Transitional Provisions) Order 1992

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st January 1993 the provisions of Part I of the Transport and Works Act 1992 (“the Act”) and certain repeals referred to in section 68 of, and Schedule 4 to, the Act.

Part I of the Act applies in England and Wales only. It provides a new procedure for the authorisation of the construction or operation of—

• railways;

• tramways;

• trolley vehicle systems;

• other modes of guided transport as prescribed by order under section 2;

• inland waterways;

• works interfering with rights of navigation and being of a description prescribed by order under section 4;

and ancillary matters.

The repeals, except for those statutes relating solely to the Light Railways Order procedure and section 83(1) to (5) of the Transport Act 1962, apply in Great Britain as a whole.

Thus, in England and Wales, the new procedure is intended to replace the private Bill procedure in relation to the foregoing matters and also the order-making procedures of the Tramways Act 1870, the Military Tramways Act 1887, the Light Railways Act 1896 (as extended and amended), the Railways (Electrical Power) Act 1903 and section 83 of the Transport Act 1962.

In Scotland, the procedures under the Acts of 1870, 1887 and 1903 are superseded by those provided by the Private Legislation Procedure (Scotland) Act 1936 (c. 52).