Citation and commencement

1. This Order may be cited as the Railways Act 2005 (Transitional Provisions and Savings) Order 2005, and shall come into force on 24th July 2005.

Interpretation

2. In this Order, “the 1993 Act” means the Railways Act 1993( 2 ).

Transitional provisions and savings

3. —(1) The following transitional provisions shall have effect until the day appointed for the commencement of the repeal of sections 43 (other than subsection (4)), 46, 47 (other than subsection (6)), 47A and 48 and Schedule 5( 3 ) of the 1993 Act.

(2) Subject to paragraphs 3 to 5, each reference to a Rail Passengers' Committee in sections 43, 46, 47, 47A and 48 and Schedule 5 of the 1993 Act shall have effect as follows:

(a) in relation to the area for which the London Transport Users' Committee fell to be treated as the Rail Passengers' Committee for the purposes set out in section 2(4) of the 1993 Act (Rail Passengers' Committees) immediately before the repeal of that section, each reference shall have effect as a reference to the London Transport Users' Committee.

(b) in relation to any other area, each reference shall have effect as a reference to the Rail Passengers' Council established by section 19(1) of the Railways Act 2005.

(3) If the London Transport Users' Committee has prepared a report under section 43(3)(c) of the 1993 Act, it shall send a copy of that report to the Rail Passengers' Council and may publish the report in any manner which it considers appropriate.

(4) Section 47A of the 1993 Act shall have effect as if for subsection (3) there were substituted the words “Where objections with respect to any proposed withdrawal of service have been lodged with the Rail Passengers' Council and the London Transport Users' Committee, they may report to the Secretary of State jointly under this section or agree that their functions under this section shall be delegated to either of them”.

(5) Paragraph 5(2) of Schedule 5 to the 1993 Act shall have effect as if:

(a) for the words “more than one Rail Passengers' Committee, the Rail Passengers' Committees in question” there were substituted the words “the Rail Passengers' Council and the London Transport Users' Committee, they”; and

(b) for the words “any of those Rail Passengers' Committees appearing” there were substituted the words “whichever of the Rail Passengers' Council and the London Transport Users' Committee appears”.

4. Anything which has been done by a Rail Passengers' Committee under sections 43, 46, 47, 47A and 48 and Schedule 5 of the 1993 Act before the coming into force of this Order shall be treated after this Order comes into force as if it had been done by the Rail Passengers' Council, so far as is necessary to give it continuing validity or effect.

5. Nothing in section 145(1) of the 1993 Act shall be construed as limiting the matters which may be included in, or made public as part of, a report of the London Transport Users' Committee under any provision of Part 1 of the 1993 Act, nor as applying to any information which has been made public as part of such a report, or which has otherwise been made available to the public by virtue of being disclosed in any circumstances in which, or for any purpose for which, disclosure is not precluded by section 145 of the 1993 Act.