1. This Order may be cited as the Railways Act 1993 (Commencement No. 1) Order 1993.

2.-(1) The following provisions of the Railways Act 1993 shall come into force on 24th December 1993:

• in section 4, subsections (1), (3) and (7), for the purposes of the functions of the Secretary of State under section 33; and subsection (9) for the purposes of the definitions of "environment" and "through ticket";

• section 32;

• section 33;

• section 81;

• section 82;

• in section 83, subsection (1) for the purposes of the definitions of "goods", "light maintenance services", "locomotive", "network", "network services", "premises", "passenger service operator", "railway", "railway services", "railway vehicle", "rolling stock", "station", "station services", "track", "train" and "vehicle"; and subsection (2);

• sections 142 to 144;

• section 145(1) to (6), except for the purposes of subsections (5)(a) and (5)(b)

  (i)

  ;

• sections 146 to 149;

• section 150(1) to (3);

• in section 151, subsection (1) for the purposes of the definitions of "the Board", "body corporate", "company", "contravention", "the Franchising Director", "functions", "local authority", "the Monopolies Commission", "notice", "the Regulator", "subsidiary" and "wholly owned subsidiary"; and subsection (5);

• section 154.

(2) The following provisions of that Act shall come into force on 6th January 1994: section 6(2);

• section 23(3) and (4);

• section 25(1) and (2), for the purpose of providing a definition of "public sector operator";

• section 29(8);

• section 83(1) for the purposes of the definitions of "additional railway asset", "the Director", "franchise agreement", "franchise operator", "franchise term", "franchised services", "franchisee", "information", "licence" and "licence holder", "light maintenance depot", "operator", "passenger licence", "private sector operator", "public sector operator", "railway asset", "railway passenger service", "records" and "station licence";

• section 84;

• section 85;

• in section 87, subsection (1) for the purpose of enabling the Secretary of State to transfer functions to himself, and subsections (2) and (5);

• sections 88 to 92;

• section 93, except subsection (3)(b);

• sections 94 to 116;

• sections 126 to 128;

• section 130;

• section 131;

• in section 134, subsection (1) for the purpose of bringing into force the provisions of Schedule 11 referred to below, and subsections (2) and (3);

• section 141, except subsection (1)(a);

• section 151, so far as not brought into force by paragraph (1) above;

• section 152(1) and (3), for the purpose of bringing into force the provisions of Schedules 12 and 14 referred to below;

• section 153;

• Schedule 8;

• Schedule 9;

• in Schedule 11, paragraphs 1 to 8, 9(1) and (2), 9(3) for the purpose of inserting section 52D(6), (7) and (8) in the Transport Act 1980(2), 9(4), 10 and 12 to 14;

• in Schedule 12, paragraphs 4, 5, 6(1) to (5) and (7), 7, 8, 10 to 13, 14(1) to (3), 23, 24, 26, 28, 30 and 31;

• in Schedule 14, the repeals relating to:

  • section 43 of the British Transport Commission Act 1950(3);

  • sections 4(1)(b), (2) and (7), 5, 13(3) and 53 of the Transport Act 1962(4);

  • sections 42(3) to (5) and (6)(b), 45 and 50(2) and 137(1)(a) of the Transport Act 1968(5)).

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 24th December 1993 the provisions of the Railways Act 1993 ("the Act") specified in article 2(1). These include provisions giving Passenger Transport Authorities and Executives power to enter into agreements with wholly owned subsidiaries of the British Railways Board ("the Board"), and requiring the re-negotiation of existing agreements between Passenger Transport Authorities and Executives and the Board; provisions relating to the disclosure of information and the making of false statements; related definitions; and supplemental and miscellaneous provisions.

The Order also brings into force on 6th January 1994 the provisions of the Act specified in article 2(2).These include provisions relating to the re-organisation of the railways by means of disposals and transfer schemes; provisions amending the existing statutory functions of the Board; provision for the giving of financial assistance to employees seeking to acquire parts of the Board's undertaking; penalty fares and pensions; and further definitions and supplemental and miscellaneous provisions.