TRANSPORT Title and commencement 1 This Order may be cited as the Railways Act 1993 (Consequential Modifications) (No. 2) Order 1999 and shall come into force on 13th August 1999. Interpretation 2 1 In this Order– “general railway services” means any service which consists of, or is comprised in, maintaining, modifying, repairing or hiring out rolling stock; “goods”, “light maintenance depot”, “light maintenance services”, “network”, “railway passenger service”, “rolling stock” and “station” have the same meaning as in Part I of the Railways Act 1993 “relevant undertaking” means an undertaking which consists of or includes– the management or maintenance of a transferred network, the management of a station which is used in connection with the provision of services for the carriage of passengers on a transferred network, the management of a light maintenance depot which is used to provide light maintenance services for rolling stock used on a transferred network, the management of premises which are used to provide facilities for or in connection with the carriage of goods by railway on a transferred network or the unloading of goods carried or intended to be carried by railway on a transferred network, or the management of premises which are used to provide general railway services where the rolling stock concerned is used or intended for use on a transferred network; “successor of the British Railways Board” means any person who carries on a relevant undertaking; “transferred network” means a network which was transferred by virtue of a transfer scheme made under section 85 of the Railways Act 1993 from the British Railways Board and vested in the company formed and registered under the Companies Act 1985 and known, at the date of the vesting, as Railtrack PLC. 2 A transferred network shall not cease to be such a network where it is modified by virtue of having any network or part of a network added to or removed from it. Amendment of the British Transport Commission Act 1949 3 1 In the provisions of the British Transport Commission Act 1949 mentioned in paragraph (2), references to any of the Boards and to any wholly owned subsidiary of any of the Boards shall include references to any successor of the British Railways Board (but not to a subsidiary of such a successor unless it is itself such a successor). 2 The provisions referred to in paragraph (1) are– section 54 (powers of police as to search and arrest); section 55 (trespass on railways etc ); section 56 (stone throwing on railway); and section 57 (rights of way over roads, footpaths etc. ). 4 In section 54(1) of the British Transport Commission Act 1949, the reference to persons in the employment or employed upon the property of any successor of the British Railways Board (or a subsidiary of such a successor if it is itself a successor) shall have effect as a reference to persons so employed in connection with a relevant undertaking. Amendment of the Police and Criminal Evidence Act 1984 5 1 In section 6 of the Police and Criminal Evidence Act 1984 (stop and search powers:statutory undertakers etc.), after subsection (1) there shall be inserted the following subsection– 1A Without prejudice to any powers under subsection (1) above, a constable employed by the British Railways Board may stop, detain and search any vehicle before it leaves a goods area which is included in the premises of any successor of the British Railways Board and is used wholly or mainly for the purposes of a relevant undertaking. . 2 In subsection (2) of that section at the end there shall be inserted “; and “successor of the British Railways Board” and “relevant undertaking” have the same meaning as in the Railways Act 1993 (Consequential Modifications) Order 1999.”. Signed by the authority of the Secretary of State for the Environment, Transport and the Regions Glenda Jackson Parliamentary Under Secretary of State, Department of the Environment, Transport and the Regions 15th July 1999