Citation and interpretation

1. —(1) This Order may be cited as the Railways Act 2005 (Commencement No. 2) Order 2005.

(2) In this Order “the Act” means the Railways Act 2005 .

Commencement

2. The provisions of the Act specified in the Schedule to this Order shall come into force on 24th July 2005.

Article 2

SCHEDULE PROVISIONS COMING INTO FORCE ON 24th JULY 2005

• Section 1(1), in so far as it relates to the provisions of Schedule 1 brought into force by this Schedule.

• Section 1(3), to the extent that it has not already come into force.

• Section 3(8)(d) and (11)(a).

• Section 10(6), except the words “or the Scottish Ministers” and “or their”.

• Section 12(1) to (7).

• Section 12(8), except paragraph (b) in the definition of “appropriate national authority” and the word “and” immediately preceding it.

• Section 13.

• Section 14, as regards England and Wales.

• Sections 15 and 16.

• Section 18.

• Sections 19 to 21.

• Section 40(1) to (3).

• Section 40(4), except paragraph (b).

• Section 40(6) and (7).

• Section 46(1), (2), (7) and (8).

• Section 46(3), in so far as it relates to the provisions of Schedule 9 brought into force by this Schedule.

• Section 52.

• Section 53, in so far as it relates to the provisions of Schedule 10 brought into force by this Schedule.

• Section 54(4), in so far as it relates to the provisions of Schedule 11 brought into force by this Schedule.

• Section 59(1), in so far as it relates to the provisions of Schedule 12 brought into force by this Schedule.

• Section 59(6), in so far as it relates to the provisions of Schedule 13 Part 1 brought into force by this Schedule.

• Schedule 1, paragraphs 1 to 10.

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

• Schedule 1, paragraph 13(4)(a), in so far as it relates to the Secretary of State.

• Schedule 1, paragraph 13(4)(b), in so far as it relates to an agreement to which either the Secretary of State is party or the Secretary of State and the National Assembly for Wales are jointly party.

• Schedule 1, paragraph 13(5), in so far as it relates to a designation which is to have effect as a designation by the Secretary of State.

• Schedule 1, paragraphs 15 to 19, in so far as they relate to the Secretary of State.

• Schedule 1, paragraph 20(1), in so far as it relates to services for which the Secretary of State is the relevant franchising authority.

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

• Schedule 1, paragraph 20(4), except in so far as the inserted subsection (3A) of section 30 of the Railways Act 1993 relates to the Scottish Ministers.

• Schedule 1, paragraph 20(5), in so far as it relates to services for which the Secretary of State is to be treated as the relevant franchising authority.

• Schedule 1, paragraph 21(1), in so far as it relates to the other provisions of paragraph 21 brought into force by this Schedule.

• Schedule 1, paragraph 21(2).

• Schedule 1, paragraph 21(4) to (8), except in so far as it (1) relates to the transfer of functions relating to the enforcement of relevant conditions or requirements which are closure restrictions or closure conditions from the Strategic Rail Authority to the Secretary of State and to the Scottish Ministers, and (2) relates to the transfer of functions relating to the enforcement of relevant conditions or requirements which are terms of franchise agreements from the Strategic Rail Authority to the Scottish Ministers.

• Schedule 1, paragraph 22, except in so far as it (1) relates to the transfer of functions relating to the enforcement of relevant conditions or requirements which are closure restrictions or closure conditions from the Strategic Rail Authority to the Secretary of State and to the Scottish Ministers, and (2) relates to the transfer of functions relating to the enforcement of relevant conditions or requirements which are terms of franchise agreements from the Strategic Rail Authority to the Scottish Ministers.

• Schedule 1, paragraph 23(1), in so far as it relates to the other provisions of paragraph 23 brought into force by this Schedule.

• Schedule 1, paragraphs 23(2) and (3) and 24(1), except in so far as they (1) relate to the transfer of functions relating to the enforcement of relevant conditions or requirements which are closure restrictions or closure conditions from the Strategic Rail Authority to the Secretary of State and to the Scottish Ministers, and (2) relate to the transfer of functions relating to the enforcement of relevant conditions or requirements which are terms of franchise agreements from the Strategic Rail Authority to the Scottish Ministers.

• Schedule 1, paragraph 24(2), except the words “, by the Scottish Ministers”.

• Schedule 1, paragraphs 25 and 26, except in so far as they (1) relate to the transfer of functions relating to the enforcement of relevant conditions or requirements which are closure restrictions or closure conditions from the Strategic Rail Authority to the Secretary of State and to the Scottish Ministers, and (2) relate to the transfer of functions relating to the enforcement of relevant conditions or requirements which are terms of franchise agreements from the Strategic Rail Authority to the Scottish Ministers.

• Schedule 1, paragraphs 27 and 28.

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

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

• Schedule 1, paragraph 30(4) to (7).

• Schedule 1, paragraph 32(1).

• Schedule 1, paragraph 32(3) to (5).

• Schedule 1, paragraph 33.

• Schedule 1, paragraph 35, except in so far as it relates to a transfer of functions from the Strategic Rail Authority to the Scottish Ministers.

• Schedule 1, paragraph 36(a).

• Schedule 2, to the extent it has not already come into force.

• Schedules 5 and 6.

• Schedule 9, in so far as it relates to bye-laws in relation to which the Secretary of State acting alone is the appropriate national authority by virtue of paragraph 1(1).

• Schedule 10, to the extent it has not already come into force.

• Schedule 11, paragraph 1, in so far as it relates to the other provisions of Schedule 11 brought into force by this Schedule.

• Schedule 11, paragraph 6, except in so far as it relates to (1) the transfer of functions from the Strategic Rail Authority to the Scottish Ministers and (2) the repeal of functions of Passenger Transport Authorities and Executives in Scotland.

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

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

• Schedule 11, paragraph 15, except in so far as each of sub-paragraphs (a) to (c) insert the words “or the Scottish Ministers”.

• Schedule 11, paragraph 16(2).

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

• Schedule 12, paragraph 1(3).

• Schedule 12, paragraph 2(1), in so far as it relates to the other provisions of paragraph 2 brought into force by this Schedule.

• Schedule 12, paragraph 2(2).

• Schedule 12, paragraph 2(3) and (4), except the words “, the Scottish Ministers” in sub-paragraph (4)(b).

• Schedule 12, paragraphs 3 and 5.

• Schedule 12, paragraph 8, except in so far as it relates to the transfer of functions from the Strategic Rail Authority to the Scottish Ministers.

• Schedule 12, paragraph 14(1), in so far as it relates to the other provisions of paragraph 14 brought into force by this Schedule.

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

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

• Schedule 12, paragraph 17(2), (3), (8) and (9).

• Schedule 12, paragraph 18(1), in so far as it relates to the other provisions of paragraph 18 brought into force by this Schedule.

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

• Schedule 12, paragraph 18(2)(c) and (3), except in so far as it relates to the transfer of functions from the Strategic Rail Authority to the Scottish Ministers.

• The following entries in Part 1 of Schedule 13:

  • The entry relating to section 56(4), (5), (6ZA) and (20) of the Transport Act 1962( 2 ).

  • The entry relating to Schedule 2 of the Parliamentary Commissioner Act 1967( 3 ), in so far as it relates to Rail Passengers' Committees.

  • The entry relating to the Transport Act 1968( 4 ), as regards England and Wales.

  • The entry relating to Schedule 1 of the House of Commons Disqualification Act 1975( 5 ), in so far as it relates to a member of a Rail Passengers' Committee in receipt of remuneration.

  • The entry relating to the Transport Act 1985( 6 ), as regards England and Wales.

  • The entry relating to the Channel Tunnel Act 1987( 7 ).

  • The entries relating to sections 2, 3, 7, 7A, 10(4), 11, 12, 13(1A) to (1C), 14(5A), 15, 15A(1), 15C(3), 30(1), 43(4), 47(6), 61, 62, 63(2), 68(1)(a), 71A, 72(1), 73, 76(3), (6)(a) and (8), 77, 79, 83(3) and 145(7) of the Railways Act 1993( 8 ).

  • The entries relating to sections 8 and 16(3) of the Railways Act 1993 , except in so far as they repeal the words “and to the Health and Safety Executive” in sections 8(7)(a) and (b) and 16(3).

  • The entry relating to section 15B of the Railways Act 1993 , except in so far as it repeals the words “and the Health and Safety Executive” in subsection (5).

  • The entry relating to sections 34 and 35 of the Railways Act 1993, as regards England and Wales.

  • The entry relating to section 54(3) of the Railways Act 1993, as regards England and Wales.

  • The entry relating to section 55 of the Railways Act 1993, in so far as it relates to subsection (10)(a).

  • The entry relating to section 144(1) of the Railways Act 1993, as regards England and Wales.

  • The entries relating to Schedule 2, Schedule 3 and Schedule 6 of the Railways Act 1993.

  • The entry relating to section 19(2), (5) and (6) of the Channel Tunnel Rail Link Act 1996( 9 ).

  • The entries relating to sections 175(1), 197, 199(1), 201 and 252(1) and Schedule 19, paragraph 5 of the Greater London Authority Act 1999( 10 ).

  • The entry relating to Schedule 1, Part 6 of the Freedom of Information Act 2000( 11 ), in so far as it relates to any Rail Passengers' Committee established under section 2(2) of the Railways Act 1993.

  • The entries relating to sections 212(4), 213, 224(2)(b), 226(1)(c) (and the word “and” immediately preceding it), 227(1) and (3), 228(2), (3)(b) (and the word “and” immediately preceding it) and (5), and 251 of the Transport Act 2000 ( 12 ).

  • The entries relating to Schedule 16, paragraphs 2 to 7, 9, 10, 40, 41, 44, 47, 48, 59, 62 and 64 of the Transport Act 2000.

  • The entries relating to Schedule 17, paragraphs 2(2) to (5), (7) and (8), 3, 4(2)(a) and (5)(a), 6(2), (3)(a), (4) and (5), 7(2) to (4), (5)(a), (6)(a), (7) and (8)(a), 8(2), (3)(a), (4) and (5), 9(4)(b) and (6) to (8), 10, 11(3), 13, 14, 16(b) (and the word “and” immediately preceding it), 18, 19, 20(2) and (5), and 21 to 24 of the Transport Act 2000 .

  • The entries relating to Schedule 22, paragraphs 2, 3, 7, 8(4)(b) and (10), 9 to 13, 15(2)(c) to (e), (3), (4)(a), (5) and (6), 18, 22 and 23(a) of the Transport Act 2000.

  • The entry relating to Schedule 23, paragraphs 1 to 9 of the Transport Act 2000.

  • The entries relating to Schedule 27, paragraphs 30(2) and 39(5) of the Transport Act 2000.

  • The entries relating to Schedule 28, paragraphs 5(2) and 14 of the Transport Act 2000.

  • The entry relating to section 168(4)(h) and (i) of the Enterprise Act 2002( 13 ).

  • The entry relating to Schedule 2, Part 2, paragraph 82 of the Scottish Public Services Ombudsman Act 2002( 14 ).

  • The entry relating to section 104 of the Railways and Transport Safety Act 2003( 15 ).

  • The entry relating to Schedule 2, paragraph 3 of the Railways and Transport Safety Act 2003, in so far as the entries in the table in paragraph 3 relate to sections 7A, 77 and 79 and Schedules 2 and 3.

  • The entry relating to Schedule 2, paragraph 16 of the Railways and Transport Safety Act 2003.