2005 No. 1991 (C. 84)

TRANSPORT

The Railways and Transport Safety Act 2003 (Commencement No. 5) Order 2005

Made

The Secretary of State, in exercise of the power conferred upon him by section 120(1) of the Railways and Transport Safety Act 20031 hereby makes the following Order:

Citation and interpretation1

1

This Order may be cited as the Railways and Transport Safety Act 2003 (Commencement No. 5) Order 2005.

2

In this Order—

a

“the 2003 Act” means the Railways and Transport Safety Act 2003; and

b

“the Channel Tunnel system” has the same meaning given by section 1(7) of the Channel Tunnel Act 19872.

Commencement of provisions2

1

The provisions of the 2003 Act which are specified in paragraph (2) shall come into force on 17th October 2005.

2

The provisions referred to in paragraph (1) are—

i

section 1(Meaning of “railway” and “railway property”);

ii

section 2 (Meaning of “railway accident” and “railway incident”);

iii

section 3 (Establishment);

iv

section 4 (General aims);

v

section 5 (Assistance to others);

vi

section 6 (Annual report);

vii

section 7 (Investigations);

viii

section 8 (Investigator’s powers);

ix

section 9 (Regulations);

x

section 10 (Requirement to investigate);

xi

section 11 (Accident regulations);

xii

section 12 (Crown application);

xiii

section 13 (Regulations); and

xiv

section 14 (Extent).

Alistair DarlingSecretary of State for Transport

(This note is not part of the Order)

This Order brings into force sections 1 to 14 of the Railways and Transport Safety Act 2003 (c. 20) on 17th October 2005.

(This note is not part of the Order)

The following provisions of the Railways and Transport Safety Act 2003 have been brought into force by a commencement order made before the date of this order.

Provision

Date of Commencement

S.I.No.

Section 15

5th July 2004

2004/827

Section 16

5th July 2004

2004/827

Section 17

5th July 2004

2004/827

Section 18

1st July 2004

2004/1572

Section 19

1st July 2004

2004/1572

Section 20

1st July 2004

2004/1572

Section 21

1st July 2004

2004/1572

Section 22

1st July 2004

2004/1572

Section 23

1st July 2004

2004/1572

Section 24

1st July 2004

2004/1572

Section 25

1st July 2004

2004/1572

Section 26

1st July 2004

2004/1572

Section 27

1st July 2004

2004/1572

Section 28

1st July 2004

2004/1572

Section 29

1st July 2004

2004/1572

Section 30

1st July 2004

2004/1572

Section 31

1st July 2004

2004/1572

Section 32

1st July 2004

2004/1572

Section 33

1st July 2004

2004/1572

Section 34(1)

19th June 2004

2004/1572

Sections 34(2), 34(3) and 34(4)

1st July 2004

2004/1572

Section 34(5)

31st October 2004

2004/2759

Section 35

1st July 2004

2004/1572

Section 36

1st July 2004

2004/1572

Section 37

1st July 2004

2004/1572

Section 38

1st July 2004

2004/1572

Section 39

1st July 2004

2004/1572

Section 40

1st July 2004

2004/1572

Section 41

1st July 2004

2004/1572

Section 42

1st July 2004

2004/1572

Section 43

1st July 2004

2004/1572

Section 44

1st July 2004

2004/1572

Section 45

1st July 2004

2004/1572

Section 46

1st July 2004

2004/1572

Section 47

1st July 2004

2004/1572

Section 48

1st July 2004

2004/1572

Section 49

1st July 2004

2004/1572

Section 50

1st July 2004

2004/1572

Section 51

1st July 2004

2004/1572

Section 52

1st July 2004

2004/1572

Section 53

1st July 2004

2004/1572

Section 54

1st July 2004

2004/1572

Section 55

1st July 2004

2004/1572

Section 56

1st July 2004

2004/1572

Section 57

1st July 2004

2004/1572

Section 58

1st July 2004

2004/1572

Section 59

1st July 2004

2004/1572

Section 60

1st July 2004

2004/1572

Section 61

1st July 2004

2004/1572

Section 62

1st July 2004

2004/1572

Section 63

1st July 2004

2004/1572

Section 64

1st July 2004

2004/1572

Section 65

1st July 2004

2004/1572

Section 66

1st July 2004

2004/1572

Section 67

1st July 2004

2004/1572

Section 68

1st July 2004

2004/1572

Section 69

1st July 2004

2004/1572

Section 70

1st July 2004

2004/1572

Section 71

1st July 2004

2004/1572

Section 72

1st July 2004

2004/1572

Section 73

1st July 2004

2004/1572

Section 74

19th June 2004

2004/1572

Section 75

1st July 2004

2004/1572

Section 76

1st July 2004

2004/1572

Section 77

1st July 2004

2004/1572

Section 78

30th March 2004

2004/827

Section 79

30th March 2004

2004/827

Sections 80(4) and 80(5)

30th March 2004

2004/827

Section 81

30th March 2004

2004/827

Section 82

30th March 2004

2004/827

Section 83 for the purposes of bringing into force the part of paragraph 1 of Schedule 7 relating to section 6A(1) of the Road Traffic Act 19883 for the purpose of enabling the Secretary of State to approve a device for indicating whether the proportion of alcohol in a person’s breath or blood is likely to exceed the limits prescribed in sections 81(1) and 93(2) and (3) of the 2003 Act

29th March 2004

2004/827

Section 83 in so far as it did not come into force on 29th March 2004

30th March 2004

2004/827

Section 84

30th March 2004

2004/827

Section 85

30th March 2004

2004/827

Section 86

30th March 2004

2004/827

Section 87

30th March 2004

2004/827

Section 88

30th March 2004

2004/827

Section 89

30th March 2004

2004/827

Section 90

30th March 2004

2004/827

Section 91

30th March 2004

2004/827

Section 92

30th March 2004

2004/827

Section 93

30th March 2004

2004/827

Section 94

30th March 2004

2004/827

Section 95

30th March 2004

2004/827

Section 96 for the purposes of bringing into force the part of paragraph 1 of Schedule 7 relating to section 6A(1) of the Road Traffic Act 1988 for the purpose of enabling the Secretary of State to approve a device for indicating whether the proportion of alcohol in a person’s breath or blood is likely to exceed the limits prescribed in sections 81(1) and 93(2) and (3) of the 2003 Act

29th March 2004

2004/827

Section 96 in so far as it did not come into force on 29th March 2004

30th March 2004

2004/827

Section 97

30th March 2004

2004/827

Section 98

30th March 2004

2004/827

Section 99

30th March 2004

2004/827

Section 100

30th March 2004

2004/827

Section 101

30th March 2004

2004/827

Section 102

30th March 2004

2004/827

Section 103

30th March 2004

2004/827

Section 106

30th March 2004

2004/827

Section 107 for the purposes of bringing into force the part of paragraph 1 of Schedule 7 relating to section 6A(1) of the Road Traffic Act 1988 for the purpose of enabling the Secretary of State to approve a device for indicating whether the proportion of alcohol in a person’s breath or blood is likely to exceed the limits prescribed in sections 81(1) and 93(2) and (3) of the 2003 Act

29th March 2004

2004/827

Section 107 in so far as it did not come into force on 29th March 2004

30th March 2004

2004/827

Section 109

30th March 2004

2004/827

Section 110

31st October 2004

2004/2759

Section 111

31st October 2003

2003/2681

Section 113

30th March 2004

2004/827

Section 115

31st October 2003

2003/2681

Section 116 for the purposes relating to a person becoming liable to dismissal under paragraph 2(d) of Schedule 1

5th July 2004

2004/827

Section 116 in so far as it did not come into force on 5th July 2004

31st October 2004

2004/2759

Section 117

30th March 2004

2004/827

Section 118 so far as it relates to the provisions in Schedule 8 relating to section 11(2) of the Road Traffic Act 1988, section 76(2), of the Road Traffic Offenders Act 19884 and section 117 of the Merchant Shipping Act 19955

30th March 2004

2004/827

Section 118 (repeals), so far as it relates to the provisions in Schedule 8 relating to the British Transport Commission Act 19496, sections 132 and 133 of, and Schedule 10 to, the Railways Act 19937, paragraphs 7 to 10 of Schedule 18 to the Transport Act 20008 and the Anti-terrorism, Crime and Security Act 20019

1st July 2004

2004/1572

Section 118 so far as it relates to the provisions in Schedule 8 relating to the House of Commons Disqualification Act 197510, sections 15(4A), 15C(3), 21(5) 57B, 74(8) 151(1) of, and Schedule 1 to, the Railways Act 1993 and section 251(2) of, and paragraph 45 of Schedule 27 to, the Transport Act 2000

5th July 2004

2004/827

Section 118 in so far as it relates to the provision in Schedule 8 relating to Section 1 of the Railways Act 1993

5th July 2004

2004/1572

Section 119

30th March 2004

2004/827

Schedule 1

5th July 2004

2004/827

Schedule 2

5th July 2004

2004/827

Schedule 3

5th July 2004

2004/827

Schedule 4

1st July 2004

2004/1572

Schedule 5

1st July 2004

2004/1572

Schedule 6

30th March 2004

2004/827

The part of paragraph 1 of Schedule 7 relating to section 6A(1) of the Road Traffic Act 1988 for the purpose of enabling the Secretary of State to approve a device for indicating whether the proportion of alcohol in a person’s breath or blood is likely to exceed the limits prescribed in sections 81(1) and 93(2) and (3).

29th March 2004

2004/827

Schedule 7 in so far at it does not come into force on 29th March

30th March 2004

2004/827

Schedule 8 so far as it relates to section 11(2) of the Road Traffic Act 1988, section 76(2)(a) of the Road Traffic Offenders Act 1988 and section 117 of the Merchant Shipping Act 1995.

30th March 2004

2004/827

Schedule 8 so far as it relates to the British Transport Commission Act 1949, sections 132 and 133 of, and Schedule 10 to, the Railways Act 1993, paragraphs 7 to 10 of Schedule 18 to the Transport Act 2000 and the Anti-terrorism, Crime and Security Act 2001

1st July 2004

2004/1572

Schedule 8 so far as it relates to the House of Commons Disqualification Act 1975, sections 15(4A), 15C(3), 21(5), 57B, 74(8), 151(1) of, and Schedule 1 to, the Railways Act 1993 and section 251(2) of, and paragraph 45 of Schedule 27 to, the Transport Act 2000

5th July 2004

2004/827

Schedule 8 so far as it relates to the Railways Act 1993, Section 1

5th July 2004

2004/1572