The Railways (Heathrow Express Temporary Network) (Exemptions) Order 1997

Statutory Instruments

1997 No. 1531

TRANSPORT

The Railways (Heathrow Express Temporary Network) (Exemptions) Order 1997

Made

17th June 1997

Laid before Parliament

24th June 1997

Coming into force

23rd July 1997

The Secretary of State, in exercise of the powers conferred on him by sections 24(1), (2), (8) and (11), and 49(2), (4) and (5) of the Railways Act 1993(1), and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Railways (Heathrow Express Temporary Network) (Exemptions) Order 1997.

(2) This Order shall come into force on 23rd July 1997.

(3) In this Order—

“the 1993 Act” means the Railways Act 1993;

“the relevant day” has the same meaning as in the Railways (Heathrow Express (Exemptions) Order 1994(2); and

“the temporary network” means a network approximately 191 metres in length running southwards from a junction with the railway line between Paddington Station, London and Heathrow Airport situated approximately 300 metres to the south of Stockley Road Bridge, West Drayton.

Franchise exemption

2.—(1) Exemption from designation under section 23(1) of the 1993 Act (designation of passenger services as eligible for franchising) is granted to any person who provides a railway passenger service on any railway line comprised in the temporary network, in respect of that service.

(2) The exemption granted in paragraph (1) above shall have effect from the date on which this Order comes into force until the relevant day.

Disapplication of closure provisions

3.—(1) Every railway passenger service provided between Paddington Station, London and any station associated with the temporary network is a service in relation to which section 37 of the 1993 Act (closure of non-franchised etc. passenger services) is not to have effect.

(2) The temporary network is a network in relation to which section 39 of the 1993 Act (closure of operational passenger networks) is not to have effect.

(3) Any station associated with the temporary network is a station in relation to which section 41 of the 1993 Act (closure of railway facilities used in connection with passenger services) is not to have effect.

Signed by authority of the Secretary of State for Transport

Glenda Jackson

Parliamentary Under Secretary of State,

Department of Environment, Transport and the Regions

17th June 1997

Explanatory Note

(This note does not form part of the Order)

This Order provides for the grant of exemptions from the franchise and closure provisions of the Railways Act 1993 (“the Act”) in respect of a temporary network consisting of a spur line connecting with the network running between the Great Western Line and Heathrow Airport. The franchise exemption applies only until scheduled services are first provided on the latter network.

Article 2 provides for the grant of an exemption from section 23(1) of the Act (designation of railway passenger services as eligible for franchising) in respect of any service provided on any railway line comprised in the temporary network.

Article 3 provides that sections 37, 39 and 41 of the Act (discontinuance of railway passenger services and closure of operational networks and facilities) are not to apply in relation to the temporary network.

(1)

1993 c. 43.

(2)

S.I. 1994/574.