Statutory Instruments

2013 No. 3269

Transport

Railways

The Railway Byelaws Amendment Order 2013

Made

20th December 2013

Coming into force

18th January 2014

The Secretary of State for Transport, in exercise of the powers conferred by section 46(5) of the Railways Act 2005(1), makes the following Order.

Citation and commencement

1.  This Order may be cited as the Railway Byelaws Amendment Order 2013 and comes into force 29 days after the day on which it is made.

Amendment of the Railway Byelaws

2.—(1) The Railway Byelaws made under section 219 of the Transport Act 2000(2) by the Strategic Rail Authority(3) as amended by the Railway Byelaws Amendment Order 2011(4) are amended as follows.

(2) In Schedule Two at the end of that Schedule add “Merseyrail Electrics 2002 Limited”.

Signed by authority of the Secretary of State for Transport

Stephen Hammond

Parliamentary Under Secretary of State

Department for Transport

20th December 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)(This note is not part of the Regulations)

This Order makes an amendment to the national Railway Byelaws made by the Strategic Rail Authority in 2005 and amended by the Railway Byelaws Amendment Order 2011.

Schedule Two of the national Railway Byelaws is referred to in the definition of “Operator” in Byelaw 25(1) and operates to exclude certain undertakings from that definition. This also has the effect of excluding railway assets owned or under the management of those undertakings from the definition of “railway”.

Article 2(2) amends Schedule Two by inserting “Merseyrail Electrics Limited 2002” with the effect that railway assets owned by or under the management of that company are excluded from the national Railway Byelaws.

A full regulatory assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(2)

2000 c.38. Section 219 of the Transport Act (the “2000” Act) was repealed by Schedule 1, paragraph 36(c) and Schedule 13, Part 1 to the Railways Act 2005 (the “2005 Act”) and Schedule 20 to the 2000 Act was repealed by Schedule 13, part 1 to the 2005 Act.

(3)

The Strategic Rail Authority was established by section 201 of the 2000 Act and was abolished under section 1 of the 2005 Act.

(4)

The Railway Byelaws Amendment Order 2011 No. 2213 made 6th September 2011 pursuant to section 46(5) of the 2005 Act.