The Greater Manchester (Light Rapid Transit System) (Exemptions) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order relates to the Greater Manchester Light Rapid Transit System, also known as Metrolink (“Metrolink”).

Article 3 exempts certain persons operating railway assets used predominantly in connection with Metrolink from the requirement in section 6 of the Railways Act 1993 (“the Act”) that they be licensed to do so.

Article 4 exempts certain railway facilities used in connection with Metrolink from being subject to sections 17, 18 and 22A of the Act, which relate to the role of the Rail Regulator in respect of access agreements.

Article 5 exempts railway passenger services provided exclusively on Metrolink from the scope of section 23 of the Act, under which the Strategic Rail Authority could otherwise designate such services as services which that Authority considers ought to be provided under franchise agreements.

Article 6 disapplies, in relation to railway passenger services operating wholly or substantially on Phase 2 of Metrolink, section 37 of the Act which makes provision for the discontinuance of non-franchised and other railway passenger services.

Article 7 disapplies, in relation to Metrolink, section 39 of the Act which makes provision for the closure of operational passenger networks.

Article 8 disapplies, in relation to stations specified in Schedule 2 to the Order, section 41 of the Act which makes provision for the closure of stations and light maintenance depots used in connection with railway passenger services.

Article 9 applies to railway passenger services operating wholly or substantially on Phase 2 of Metrolink the provisions of Schedule 5 to the Act, which establishes an alternative procedure making provision for the discontinuance of railway passenger services.

Articles 10 and 11 provide that the exemptions granted by the Order do not apply to those parts of Phase 1 of Metrolink which are currently exempt under equivalent exemptions contained in the Railways (Class and Miscellaneous Exemptions) Order 1994.

Article 12 reserves to the Secretary of State an express power to revoke the exemptions granted by articles 3, 4 and 5 of the Order, subject to consultation.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.