The Railways Act 1993 (Consequential Modifications) Order 1994

Explanatory Note

(This note is not part of the Order)

This Order modifies certain statutory provisions in consequence of the provisions of the Railways Act 1993 and instruments made under or by virtue of that Act. The provisions amended are:

(a) the Railways Clauses Consolidation Act 1845 (c. 20, 8 & 9 Vict.): it is provided that sections 115 to 120 do not apply to rolling stock used on track comprised in a network operated by the holder of a network licence under the Railways Act 1993;

(b) the Railways Clauses Consolidation (Scotland) Act 1845 (c. 33, 8 & 9 Vict.): similar provision is made in relation to sections 108 to 113;

(c) the Regulation of Railways Act 1868 (c. 119, 31 & 32 Vict.): the definition of “company” is extended to include any person having the management of a railway or train;

(d) the Regulation of Railways Act 1871 (c. 78, 34 & 35 Vict.): the definition of “company” is extended to include any person having the management of a railway, station or train, amendments are made to sections 3, 4 and 6 to include, where appropriate, references to stations, and other minor amendments are made;

(e) the Regulation of Railways Act 1889 (c. 57, 52 & 53 Vict.): section 5 is amended to define “railway company” to include a person having the management of a train;

(f) the Transport Act 1968 (c. 73): provision is made so that the definition of the term “company” in the Regulation of Railways Act 1871 applies to the term “railway company” in section 125;

(g) the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 (S.I. 1986/1456, which modify the application of Council Regulations (EEC) No. 3820/85 and No. 3821/85, both of 20th December 1985, in respect of certain transport operations): a reference to a vehicle being used by any holder of a network licence under the Railways Act 1993 which is a company wholly owned by the Crown is included in the list, in the Schedule, of vehicles exempted from regulations 2 and 4.