The Greater Manchester (Light Rapid Transit System) (Exemptions) Order 2013

• Citation: S.I. 2013/339
• Sections: 19

Section 1 Citation and commencement

This Order may be cited as the Greater Manchester (Light Rapid Transit System) (Exemptions) Order 2013 and comes into force on 1st April 2013.

Section 2 Interpretation

In this Order—

“the 1993 Act ” means the Railways Act 1993;

“the 2005 Act ” means the Railways Act 2005;

“the 1994 Order ” means the Railways (Class and Miscellaneous Exemptions) Order 1994 ;

“the Contractor” means—

any person providing a Metrolink service pursuant to an agreement with TfGM for the time being, and

any person operating railway facilities (but not providing railway passenger services) on the Metrolink network pursuant to an agreement with TfGM for the time being,

and includes any third parties acting on behalf of those persons;

“Metrolink depot” means a light maintenance depot which is normally used to provide light maintenance services to locomotives or other rolling stock used in connection with Metrolink services;

“Metrolink facility” means the track comprised in the Metrolink network (or any part of it), a Metrolink depot or a Metrolink station;

“the Metrolink network” means the network constructed or to be constructed on the routes shown on the coloured map in the Schedule;

“Metrolink service” means a railway passenger service provided on the Metrolink network;

“Metrolink station” means—

a station at which the railway passenger services which are provided or, as applicable, are to be provided are all Metrolink services; and

such part of any other station which is used or, as applicable, is to be used for or in connection with the provision of Metrolink services;

“TfGM” means Transport for Greater Manchester .

Section 3 Licence exemption

Subject to article 11, exemption is granted to TfGM and to the Contractor from the requirement in section 6 of the 1993 Act (prohibition on unauthorised operators of railway assets) to be authorised by licence to be the operator, as applicable, of the Metrolink network, a Metrolink depot, a Metrolink station and a train to the extent that it is used on the Metrolink network.

Section 4 Facility improvement exemption

Subject to article 16, exemption is granted to TfGM and to the Contractor from the provisions of section 16A(2) of the 1993 Act (provision, improvement and development of railway facilities) in each case in respect of a Metrolink facility in or over which it has an estate, interest or right.

Section 5 Facility exemption

Subject to article 11, exemption is granted to TfGM, Network Rail Infrastructure Limited and to the Contractor from sections 17, 18 and 22A of the 1993 Act (provisions in relation to access agreements) in each case in respect of a Metrolink facility of which it is the facility owner.

Section 6 Franchise exemption

Subject to article 11, exemption is granted to TfGM and the Contractor from designation under section 23(1) of the 1993 Act (passenger services to be subject to franchise agreements) in respect of Metrolink services.

Section 7 Disapplication of closure provisions

Subject to article 12, the application of sections 22 to 24 of the 2005 Act (discontinuance of railway passenger services) is excluded in relation to every Metrolink service.

Section 8 Disapplication of closure provisions

Subject to article 13, the application of sections 26 to 28 of the 2005 Act (discontinuance of operation of passenger networks) is excluded in relation to the Metrolink network.

Section 9

Subject to article 14, the application of sections 29 to 31 of the 2005 Act (discontinuance of use or operation of stations) is excluded in relation to every Metrolink station.

Section 10 Application of provisions for discontinuation of excluded services

Subject to article 15, every Metrolink service is designated as a special procedure service for the purposes of section 25 of the 2005 Act.

Section 11 Existing exemptions

Articles 3, 5 and 6 do not apply to the Metrolink network, to a Metrolink facility, or to a train used on the Metrolink network to the extent that at the date this Order comes into force, such network, facility or train benefits from a licence exemption, facility exemption or franchise exemption by virtue of articles 3, 5 and 6 respectively of the 1994 Order.

Section 12 Existing exemptions

Article 7 does not apply to a Metrolink service to the extent that at the date this Order comes into force, article 7(1) of the 1994 Order has effect to exclude that service from the application of sections 22 to 24 of the 2005 Act

Section 13

Article 8 does not apply to the Metrolink network to the extent that at the date this Order comes into force, article 7(2) of the 1994 Order has effect to exclude that network from the application of sections 26 to 28 of the 2005 Act.

Section 14

Article 9 does not apply to a Metrolink station to the extent that at the date this Order comes into force, article 7(3) of the 1994 Order has effect to exclude that station from the application of sections 29 to 31 of the 2005 Act.

Section 15

Article 10 does not apply to Metrolink services to the extent that at the date this Order comes into force, article 2 of the Railways (Alternative Closure Procedure) Order 1994 has effect to designate such services as special procedure services for the purposes of section 25 of the 2005 Act.

Section 16

Article 4 does not apply to a Metrolink facility to the extent that at the date this Order comes into force, any such railway facility has the benefit of an exemption from the provisions of section 16A(2) of the 1993 Act by virtue of article 3 of the Railways (Provision etc. of Railway Facilities) (Exemptions) Order 2005 .

Section 17 Revocation of exemptions

(1) Subject to paragraph (2), the Secretary of State may revoke an exemption conferred by this Order under article 3, 4, 5 or 6 in relation to any person or railway asset to whom or to which the exemption applies.

(2) Before exercising the power conferred by paragraph (1) the Secretary of State must —

(a) serve notice in writing on the relevant person, or on the operator of the railway asset in question, as the case may be, and on TfGM, informing them of the intention to revoke the exemption in relation to that person or asset, and inviting them to make representations in writing to the Secretary of State within such period, not being less than 28 days from the service of the notice, as may be specified in the notice; and

(b) consider any representations so made.

Section 18 Revocation of exemptions

The Greater Manchester (Light Rapid Transit System) (Exemptions) Order 2009 is revoked.

Section 19 Review

(1) The Secretary of State must from time to time—

(a) carry out a review of this Order,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by this Order,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in another way.

(3) The first report under this article must be published before 6th December 2020.

(4) Reports under this article are afterwards to be published at intervals not exceeding five years.