2006 No. 1951 (C. 65)

TRANSPORTRAILWAYS

The Railways Act 2005 (Commencement No. 6) Order 2006

Made

The Secretary of State makes this Order in exercise of the powers conferred by section 60(2) of the Railways Act 20051:

Citation1

This Order may be cited as the Railways Act 2005 (Commencement No. 6) Order 2006.

Commencement2

1

The provisions of the Railways Act 2005 specified in paragraph (2) shall come into force on 1st August 2006.

2

Those provisions are as follows—

a

section 1(10);

b

sections 42 and 43;

c

section 45(1), in so far as it relates to the definitions of “closure”, “closures guidance” and “railway funding authority”;

d

section 45(2);

e

section 56, to the extent that it is not yet in force;

f

section 59(1), in so far as it relates to the provisions of Schedule 12 brought into force by this Order;

g

section 59(6), in so far as it relates to the provisions of Schedule 13 brought into force by this Order;

h

Schedule 12, paragraph 17(1), in so far as it relates to the other provisions of paragraph 17 brought into force by this Order;

i

Schedule 12, paragraph 17(4) to (6); and

j

the entry in Part 1 of Schedule 13 relating to section 248(3) of the Transport Act 20002.

Signed by authority of the Secretary of State for Transport

Derek TwiggParliamentary Under Secretary of StateDepartment for Transport

(This note is not part of the Order)

This Order brings into force provisions of the Railways Act 2005 (“the Act”).

Article 2 brings into force section 1(10) of the Act which permits the Secretary of State to provide for the abolition of the Strategic Rail Authority (“SRA”) by making an order.

It also brings into force sections 42 and 43 of the Act in Part 4 of the Act.

Section 42 sets out the duties of the Secretary of State, the Scottish Ministers and the National Assembly for Wales in publishing guidance on assessing closure proposals referred to in sections 22 to 31 of the Act.

Section 43 provides for Parliamentary scrutiny of Closures Guidance, and modifications to such Guidance. Closures Guidance and modifications to it must be laid before Parliament and/or the Scottish Parliament as appropriate, and are brought into force by order. Where guidance or modification to such guidance is made by Secretary of State or the Scottish Ministers or both of them jointly with the National Assembly for Wales (“NAW”), then an order may only be made with the consent of the NAW.

Article 2 also brings into force the interpretation provisions in section 45 (1) and (2) which relate to those other provisions in Part 4 of the Act commenced by this Order. Article 2 also partially commences sections 56 and 59(1) and (6) of the Act.

Article 2 also brings into force the amendments made by Schedules 12 and 13 of the Act to section 248 of the Transport Act 2000 substituting references to the Strategic Rail Authority with references to the Secretary of State, the Scottish Ministers or the National Assembly for Wales. Section 248 requires operators of railway passenger services, so far as is reasonably practicable, to ensure that any substitute road services allow disabled passengers to travel safely and in reasonable comfort.

(This note is not part of the Order)

The following provisions of the Railways Act 2005 have been brought into force by commencement orders made before the date of this Order.

Provision

Date of Commencement

S.I .No

Section 1(1) (partially)

8th June 2005 (partially)

2005/1444

26th June 2005 (partially)

24th July 2005 (partially)

2005/1909

16th October 2005 (partially)

2005/2812

Section 1(2)

8th June 2005

2005/1444

Section 1(3)

8th June 2005 (partially)

2005/1444

24th July 2005 (remainder)

2005/1909

Section 1(4) to (9)

8th June 2005

2005/1444

Section 2

7th February 2006 (partially)

2006/266

1st April 2006 (remainder)

Section 3(1) (partially)

8th June 2005 (partially)

2005/1444

26th June 2005 (partially)

1st April 2006 (partially)

2006/266

Section 3(2)

8th June 2005 (partially)

2005/1444

1st April 2006 (remainder)

2006/266

Section 3(3)

26th June 2005

2005/1444

Section 3(4)

1st April 2006

2006/266

Section 3(6) (partially)

16th October 2005

2005/2812

Section 3 (7)

26th June 2005

2005/1444

Section 3(8)(a)

8th June 2005 (partially)

2005/1444

1st April 2006 (remainder)

2006/266

Section 3(8)(b)

16th October 2005

2005/2812

Section 3(8)(c)

8th June 2005

2005/1444

Section 3(8)(d)

24th July 2005

2005/1909

Section 3(9)

8th June 2005 (partially)

2005/1444

1st April 2006 (partially)

2006/266

Section 3(10)

16th October 2005 (partially)

2005/2812

1st April 2006 (remainder)

2006/266

Section 3(11)(a)

24th July 2005

2005/1909

Section 3(11)(b)

26th June 2005 (partially)

2005/1444

1st April 2006 (remainder)

2006/266

Section 5

21st August 2005

2005/2252

Section 6(1) to (3)

8th June 2005

2005/1444

Section 6(4)

8th June 2005 (partially)

2005/1444

16th October 2005 (remainder)

2005/2812

Section 6(5) to (8)

8th June 2005

2005/1444

Section 7

8th June 2005

2005/1444

Section 8

16th October 2005

2005/2812

Section 9

16th October 2005

2005/2812

Section 10, except subsection (6)

8th June 2005

2005/1444

Section 10(6)

24th July 2005 (partially)

2005/1909

16th October 2005 (remainder)

2005/2812

Section 11

8th June 2005

2005/1444

Section 12(1) to (7)

24th July 2005

2005/1909

Section 12(8)

24th July 2005 (partially)

2005/1909

16th October 2005 (remainder)

2005/2812

Section 13

24th July 2005

2005/1909

Section 14 (as regards England and Wales)

24th July 2005

2005/1909

Sections 15 and 16

24th July 2005

2005/1909

Section 18

24th July 2005

2005/1909

Sections 19 to 21

24th July 2005

2005/1909

Section 40(1) to (3)

24th July 2005

2005/1909

Section 40(4) except paragraph (b)

24th July 2005

2005/1909

Section 40(4)(b) and (5)

16th October 2005

2005/2812

Section 40(6) and (7)

24th July 2005

2005/1909

Section 46(1),(2),(7) and (8)

24th July 2005

2005/1909

Section 46(3)

24th July 2005 (partially)

2005/1909

16th October 2005 (remainder)

2005/2812

Section 46(4), (5) and (6)

16th October 2005

2005/2812

Section 47

16th October 2005

2005/2812

Section 48

16th October 2005

2005/2812

Section 49

16th October 2005

2005/2812

Section 50

16th October 2005

2005/2812

Section 51(1)(a)

8th June 2005

2005/1444

Section 51(1)(b)

1st April 2006

2006/266

Section 51(1)(c)

8th June 2005

2005/1444

Section 51(2)

16th October 2005

2005/2812

Section 51(3) and (4)

8th June 2005

2005/1444

Section 51(5)

1st April 2006

2006/266

Section 52

24th July 2005

2005/1909

Section 53

8th June 2005 (partially)

2005/1444

24th July 2005 (remainder)

2005/1909

Section 54(1) to (3)

8th June 2005

2005/1444

Section 54(4) (partially)

8th June 2005 (partially)

2005/1444

24th July 2005 (partially)

2005/1909

16th October 2005 (partially)

2005/2812

Section 55

8th June 2005

2005/1444

Section 56(2) (partially)

8th June 2005

2005/1444

Section 56(3), except paragraphs (b) and (c)

8th June 2005

2005/1444

Section 56(4)

8th June 2005

2005/1444

Section 56(5)

8th June 2005 (partially)

2005/1444

16th October 2005 (remainder)

2005/2812

Section 56(6)

8th June 2005

2005/1444

Section 57

8th June 2005

2005/1444

Section 58

8th June 2005

2005/1444

Section 59(1) (partially)

8th June 2005 (partially)

2005/1444

24th July 2005 (partially)

2005/1909

16th October 2005 (partially)

2005/2812

21st November 2005 (partially)

1st April 2006 (partially)

2006/266

Section 59(2) to (5)

8th June 2005

2005/1444

Section 59(6) (partially)

8th June 2005 (partially)

2005/1444

26th June 2005 (partially)

24th July 2005 (partially)

2005/1909

16th October 2005 (partially)

2005/2812

21st November 2005 (partially)

1st April 2006 (partially)

2006/266

Section 59(7) (partially)

16th October 2005 (partially)

2005/2812

Schedule 1, paragraphs 1 to 10

24th July 2005

2005/1909

Schedule 1, paragraph 11

16th October 2005

2005/2812

Schedule 1, paragraph 13(1) and (3)

24th July 2005

2005/1909

Schedule 1, paragraph 13(2)

16th October 2005

2005/2812

Schedule 1, paragraph 13(4)(a)

24th July 2005 (partially)

2005/1909

16th October 2005 (remainder)

2005/2812

Schedule 1, paragraph 13(4)(b)

24th July 2005 (partially)

2005/1909

16th October 2005 (remainder)

2005/2812

Schedule 1, paragraph 13(5)

24th July 2005 (partially)

2005/1909

16th October 2005 (remainder)

2005/2812

Schedule 1, paragraph 14

16th October 2005

2005/2812

Schedule 1, paragraphs 15 to 19

24th July 2005 (partially)

2005/1909

16th October 2005 (remainder)

2005/2812

Schedule 1, paragraph 20(1)

24th July 2005 (partially)

2005/1909

16th October 2005 (remainder)

2005/2812

Schedule 1, paragraph 20(2) and (3)

24th July 2005

2005/1909

Schedule 1, paragraph 20(4)

24th July 2005 (partially)

2005/1909

16th October 2005 (remainder)

2005/2812

Schedule 1, paragraph 20(5)

24th July 2005 (partially)

2005/1909

16th October 2005 (remainder)

2005/2812

Schedule 1, paragraph 21(1) (partially)

24th July 2005 (partially)

2005/1909

16th October 2005 (partially)

2005/2812

Schedule 1, paragraph 21(2)

24th July 2005

2005/1909

Schedule 1, paragraph 21(4) to (8) (partially)

24th July 2005 (partially)

2005/1909

16th October 2005 (partially)

2005/2812

Schedule 1, paragraph 22 (partially)

24th July 2005 (partially)

2005/1909

16th October 2005 (partially)

2005/2812

Schedule 1, paragraph 23(1) (partially)

24th July 2005 (partially)

2005/1909

16th October 2005 (partially)

2005/2812

Schedule 1, paragraph 23(2) and (3) (partially)

24th July 2005 (partially)

2005/1909

16th October 2005 (partially)

2005/2812

Schedule 1, paragraph 24(1) (partially)

24th July 2005 (partially)

2005/1909

16th October 2005 (partially)

2005/2812

Schedule 1, paragraph 24(2)

24th July 2005 (partially)

2005/1909

16th October 2005 (remainder)

2005/2812

Schedule 1, paragraphs 25 and 26 (partially)

24th July 2005 (partially)

2005/1909

16th October 2005 (partially)

2005/2812

Schedule 1, paragraphs 27 and 28

24th July 2005

2005/1909

Schedule 1, paragraph 29

26th June 2005

2005/1444

Schedule 1, paragraph 30(1) and (2)

24th July 2005

2005/1909

Schedule 1, paragraph 30(3) except sub-paragraph (b)

24th July 2005

2005/1909

Schedule 1, paragraph 30(3)(b)

16th October 2005

2005/2812

Schedule 1, paragraph 30(4) to (7)

24th July 2005

2005/1909

Schedule 1, paragraph 31

16th October 2005

2005/2812

Schedule 1, paragraph 32(1)

24th July 2005

2005/1909

Schedule 1, paragraph 32(3) to (5)

24th July 2005

2005/1909

Schedule 1, paragraph 33

24th July 2005

2005/1909

Schedule 1, paragraph 35 (partially)

24th July 2005

2005/1909

Schedule 1, paragraph 35 (remainder)

16th October 2005

2005/2812

Schedule 1, paragraph 36(a)

24th July 2005

2005/1909

Schedule 1, paragraph 36(c)

16th October 2005

2005/2812

Schedule 1, paragraph 37

8th June 2005

2005/1444

Schedule 2

8th June 2005 (partially)

2005/1444

24th July 2005 (remainder)

2005/1909

Schedule 3

7th February 2006 (partially)

2006/266

1st April 2006 (remainder)

Schedules 5 and 6

24th July 2005

2005/1909

Schedule 9 (partially)

24th July 2005

2005/1909

Schedule 9 (remainder)

16th October 2005

2005/2812

Schedule 10

8th June 2005 (partially)

2005/1444

24th July 2005 (remainder)

2005/1909

Schedule 11, paragraph 1 (partially)

8th June 2005 (partially)

2005/1444

24th July 2005 (partially)

2005/1909

16th October 2005 (partially)

2005/2812

Schedule 11, paragraph 6 (partially)

24th July 2005 (partially)

2005/1909

16th October 2005 (partially)

2005/2812

Schedule 11, paragraphs 7(2), 8, 9 and 12

24th July 2005

2005/1909

Schedule 11, paragraph 14(1) to (5)

8th June 2005

2005/1444

Schedule 11, paragraph 14(6) and (7) (as regards England and Wales)

24th July 2005

2005/1909

Schedule 11, paragraph 15

24th July 2005 (partially)

2005/1909

16th October 2005 (remainder)

2005/2812

Schedule 11, paragraph 16(1)

8th June 2005

2005/1444

Schedule 11, paragraph 16(2)

24th July 2005

2005/1909

Schedule 12, paragraph 1(1) (partially)

24th July 2005

2005/1909

Schedule 12, paragraph 1(3)

24th July 2005

2005/1909

Schedule 12, paragraph 2(1)

24th July 2005 (partially)

2005/1909

16th October 2005 (remainder)

2005/2812

Schedule 12, paragraph 2(2)

24th July 2005

2005/1909

Schedule 12, paragraph 2(3) and (4)

24th July 2005 (partially)

2005/1909

16th October 2005 (remainder)

2005/2812

Schedule 12, paragraph 3

24th July 2005

2005/1909

Schedule 12, paragraph 4

1st April 2006

2006/266

Schedule 12, paragraph 5

24th July 2005

2005/1909

Schedule 12, paragraph 6

1st April 2006

2006/266

Schedule 12, paragraph 7

8th June 2005

2005/1444

Schedule 12, paragraph 8

24th July 2005 (partially)

2005/1909

16th October 2005 (remainder)

2005/2812

Schedule 12, paragraphs 9, 10 and 11

8th June 2005

2005/1444

Schedule 12, paragraph 12

1st April 2006

2006/266

Schedule 12, paragraph 13

21st November 2006

2005/2812

Schedule 12, paragraph 14(1) (partially)

8th June 2005 (partially)

2005/1444

24th July 2005 (partially)

2005/1909

Schedule 12, paragraph 14(3), (4) and (6) to (9)

24th July 2005

2005/1909

Schedule 12, paragraph 14(5)(b)

8th June 2005

2005/1444

Schedule 12, paragraphs 15 and 16

8th June 2005

2005/1444

Schedule 12, paragraph 17(1) (partially)

8th June 2005 (partially)

2005/1444

24th July 2005 (partially)

2005/1909

Schedule 12, paragraph 17(2) and (3)

24th July 2005

2005/1909

Schedule 12, paragraph 17(7)

8th June 2005

2005/1444

Schedule 12, paragraph 17(8) and (9)

24th July 2005

2005/1909

Schedule 12, paragraph 18(1)

8th June 2005 (partially)

2005/1444

24th July 2005 (partially)

2005/1909

16th October 2006 (remainder)

2005/2812

Schedule 12, paragraph 18(2)(a) and (b)

24th July 2005

2005/1909

Schedule 12, paragraph 18(2)(c) and (3)

24th July 2005 (partially)

2005/1909

16th October 2005 (remainder)

2005/2812

Schedule 12, paragraph 18(4)

8th June 2005

2005/1444

Schedule 13, Part 1 (partially)

8th June 2005 (partially)

2005/1444

26th June 2005 (partially)

24th July 2005 (partially)

2005/1909

16th October 2005 (partially)

2005/2812

21st November 2005

1st April 2006 (partially)

2006/266

Schedule 13, Part 2 (partially)

16th October 2005

2005/2812