Made | 3rd September 2002 | ||
Coming into force | 24th September 2002 |
1. | Citation and commencement |
2. | Interpretation |
3. | Transfer of railway to undertaker |
4. | Transfer of railway by undertaker |
5. | Operation of railway |
6. | For protection of public gas transporters |
7. | Safety of approved works etc |
SCHEDULE - | The Railway |
(2) In this Order distances between points on a railway shall be taken to be measured along the railway.
(3) Any enactment by which the construction and operation of the railway was authorised shall have effect subject to the provisions of this Order.
Transfer of railway to undertaker
3.
- (1) Subject, in the case of Railtrack, to compliance with all relevant conditions of the network licence, the owner may lease the railway or any part of the railway to the undertaker on such terms and conditions as may be agreed between the owner and the undertaker.
(2) Subject, in the case of Railtrack, to compliance with all relevant conditions of the network licence, the owner and the undertaker may enter into and carry into effect agreements providing for the sale to, and vesting in, the undertaker of the railway or any part of the railway on such terms and conditions as may be agreed between the owner and the undertaker.
(3) Except as may be otherwise provided in this Order, as from the transfer date the railway or any part thereof shall continue to be subject to all statutory and other provisions applicable to the railway at that date (insofar as the same are still subsisting and capable of taking effect), and the undertaker shall, to the exclusion of the owner, be entitled to the benefit of, and to exercise, all rights, powers and privileges, and be subject to all obligations statutory or otherwise relating to the railway (insofar as the same are still subsisting and capable of taking effect), to the intent that the owner shall be released from all such obligations.
(4) Paragraph (3) shall have effect during the currency of any lease granted under the provisions of paragraph (1) and from the operative date of any sale under the provisions of paragraph (2).
Transfer of railway by undertaker
4.
- (1) In this article -
(2) The undertaker may, with the consent of the Secretary of State -
on such terms and conditions as may be agreed between the undertaker and the transferee.
(3) Except as may be otherwise provided in this Order, the transferred undertaking shall continue to be subject to all statutory or other provisions applicable to the transferred undertaking at the date of the lease or sale (insofar as the same are still subsisting and capable of taking effect), and the transferee shall, to the exclusion of the undertaker, be entitled to the benefit of, and to exercise, all rights, powers and privileges, and be subject to all obligations, statutory or otherwise relating to the transferred undertaking (insofar as the same are still subsisting and capable of taking effect), to the intent that the undertaker shall be released from all such obligations.
(4) Paragraph (3) shall have effect during the term of any lease granted under paragraph (2)(a) and from the operative date of any sale under paragraph (2)(b).
Operation of railway
5.
- (1) The undertaker may operate and use the railway as a system, or part of a system, of transport for the carriage of passengers and goods.
(2) Subject to the provisions of paragraphs (3) to (5), the motive power to be used on the railway shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may in writing approve.
(3) Nothing in this Order shall authorise the use of electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.
(4) If electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause, or be likely to cause, any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984[5]) or with telecommunication by means of such apparatus.
(5) Nothing in this Order, or in any enactment incorporated with or applied by this Order, shall prejudice or affect the operation of Part I of the Railways Act 1993.
For the protection of public gas transporters
6.
- (1) Paragraph (2) shall apply to any part of the railway which is leased or sold by the owner to the undertaker under article 3.
(2) Nothing in this Order shall prejudice or affect the statutory or other rights of any public gas transporters within the meaning of Part I of the Gas Act 1986[6] in or relating to any pipe, main or apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of any pipe, main or apparatus, being any pipe, main or apparatus or structure situated under, over or upon lands in or upon or near to which the railway or any part thereof is constructed.
Safety of approved works etc
7.
- (1) Where pursuant to regulations[7] made under section 41 of the Transport and Works Act 1992 (approval of works, plant and equipment) approval has been obtained from the Health and Safety Executive with respect to any works, plant and equipment (including vehicles) forming part of the railway, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time when the approval was given unless any change thereto does not materially impair the safe operation of the railway.
(2) If without reasonable cause the provisions of paragraph (1) are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) No proceedings shall be instituted in England and Wales in respect of an offence under this article except by, or with the consent of, the Health and Safety Executive or the Director of Public Prosecutions.
Signed by authority of the First Secretary of State
Ellis Harvey
Head of the Transport and Works Act Processing Unit, Office of the Deputy Prime Minister
3rd September 2002
[2] 1992 c. 42 as amended by S.I. 1995/1541 and S.I. 1998/2226.back
[3] 1993 c. 43. Section 8 has been amended by section 216 and Schedule 17 of the Transport Act 2000 (c. 38).back
[6] 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45).back