
1 

(1) This Order may be cited as the Railways (Class and Miscellaneous Exemptions) Order 1994.
(2) Articles 1 to 4, 6 and 7 shall come into force on 1st April 1994 and article 5 shall come into force on 2nd April 1994.
2 

(1) In this Order—
 “the Act” means the Railways Act 1993;
 “the Channel Tunnel system” means the tunnel system within the meaning of the Channel Tunnel Act 1987;
 “film” includes any record (however made) of a sequence of visual images, which is a record capable of being used as a means of showing that sequence as a moving picture;
 “harbour” and “harbour area” have the same meaning as in the Dangerous Substances in Harbour Areas Regulations 1987;
 “mine” and “quarry” have the same meaning as in the Mines and Quarries Act 1954;
 “specified light maintenance depot” means any such light maintenance depot as is mentioned in paragraph (a), (d), (g), (l), (m), (o), (r) or (t) of article 4;
 “specified network” means any such network as is mentioned in any of paragraphs (a), (b), (e), (f), (h), (k), (l), (n) to (q), (s) and (t) of article 4;
 “specified station” means any such station as is mentioned in paragraph (a), (c), (j), (l), (o), (r) or (t) of article 4.
(2) In this Order any reference to a numbered article or Schedule is a reference to the article in, or Schedule to, this Order which bears that number, and any reference in an article to a numbered paragraph is a reference to the paragraph bearing that number in that article.
3 

(1) Exemption is granted to any person who acts as the operator of any railway asset to which this article applies, from the requirement to be authorised by licence to be the operator of that railway asset.
(2) So far as it relates to any particular network, station or light maintenance depot, the exemption granted in this article may be revoked by agreement in writing between the Secretary of State and the operator of that network, station or light maintenance depot.
4 
Article 3 applies to the following railway assets, namely—
(a) any network, station or light maintenance depot, the operator of which immediately before the coming into force of this article was a person other than—
(i) the Board,
(ii) a subsidiary of the Board,
(iii) London Regional Transport, or
(iv) a subsidiary of London Regional Transport;
(b) the network consisting of—
(i) the railway line running from the junction between Westferry Station and West India Quay Station, through Poplar Station, to the western end of Beckton Station in London,
(ii) the railway line running from the junction situated between Gallions Reach Station and Beckton Station on the line mentioned in sub-paragraph (i) above to the light maintenance depot at Armada Way, London E6, and
(iii) any installations associated with any of the track comprised in the lines mentioned in sub-paragraphs (i) and (ii) above;
(c) the following stations associated with the network mentioned in paragraph (b) above, namely Blackwall, East India, Royal Victoria, Prince Regent, Royal Albert, Beckton Park, Cyprus, Gallions Reach and Beckton;
(d) the light maintenance depot at Armada Way, London E6;
(e) the network consisting of—
(i) the stretch of railway line running for a distance of 2000 metres (or thereabouts) northwards from the southern end of Altrincham Station in Greater Manchester, on which no railway passenger services were provided immediately before the coming into force of this article other than by Greater Manchester Metro Limited, and
(ii) any installations associated with any of the track comprised in that line;
(f) the network consisting of—
(i) the railway line running between the northern end of Asfordby Tunnel in Leicestershire and Edwalton in Nottinghamshire, and
(ii) any installations associated with any of the track comprised in that line;
(g) any light maintenance depot associated with the network mentioned in paragraph (f) above;
(h) the network consisting of—
(i) the railway line running between West Hoathly Station and the northern end of Kingscote Station in West Sussex, and
(ii) any installations associated with any of the track comprised in that line;
(j) West Hoathly Station and Kingscote Station in West Sussex;
(k) the network consisting of—
(i) the railway line running from Greet Tunnel in Gloucestershire westwards for a distance of 2000 metres (or thereabouts), including the track loop at the western end of that line, and
(ii) any installations associated with any of the track comprised in that line;
(l) any network, station or light maintenance depot comprised in the Channel Tunnel system;
(m) the light maintenance depots listed in Schedule 1;
(n) the networks comprised in the railway goods terminals listed in Parts I and II of Schedule 2;
(o) any network, station or light maintenance depot which—
(i) is situated on premises used for the purposes of an industrial undertaking (other than an undertaking consisting in the operation of a light maintenance depot) or an undertaking engaged in the generation of electrical energy,
(ii) forms part of a mine or quarry for the purposes of the Mines and Quarries Act 1954, or
(iii) is used solely in connection with the carrying out of any building works; 
(p) any network which—
(i) is situated on premises used as or for the purposes of a museum, amusement park, funfair or other place of public recreation or entertainment, and
(ii) is not connected to any other network;
(q) any network which—
(i) is situated within the grounds of a dwelling house, and
(ii) is not connected to any other network;
(r) any station or light maintenance depot which—
(i) is situated on any such premises as are mentioned in paragraph (p)(i) above, or within the grounds of a dwelling house, and
(ii) is not used in connection with the provision of any railway passenger services other than services provided wholly on those premises or within those grounds;
(s) any network which is not used for or in connection with the operation of trains other than trains used to convey apparatus for the purpose of making films;
(t) 
(i) any network or light maintenance depot where none of the track comprised in that network or light maintenance depot is capable of supporting vehicles of a gauge of 1435 millimetres, and
(ii) any station where none of the track comprised in that station or with which that station is associated is capable of supporting vehicles of that gauge;
(u) any train being used—
(i) on a specified network, so long as the licence exemption with respect to that network has not been revoked pursuant to article 3(2);
(ii) on a network for the purpose of coupling any items of rolling stock to, or uncoupling any items of rolling stock from, that train, or of marshalling or shunting the rolling stock comprising that train, preparatory or incidental to, or consequential on, using the train on a specified network, so long as the licence exemption with respect to that network has not been revoked pursuant to article 3(2);
(iii) on a network for a purpose preparatory or incidental to, or consequential on, the provision of light maintenance services at a specified light maintenance depot, so long as the licence exemption with respect to that light maintenance depot has not been revoked pursuant to article 3(2); or
(iv) on a network which is situated within a harbour or harbour area.
5 

(1) Subject to paragraph (3)(a), exemption from sections 17 and 18 of the Act (access to railway facilities) is granted to any person who is a facility owner by reference to any of the following railway facilities, or any part of any of the following railway facilities, namely—
(a) any specified station or specified light maintenance depot (other than a light maintenance depot listed in Schedule 1), and
(b) track comprised in any specified network,
in respect of that railway facility or that part.
(2) Subject to paragraph (3)(b), exemption from sections 17 and 18 of the Act is granted to any private sector operator in respect of any light maintenance depot listed in Schedule 1 by reference to which that operator is a facility owner.
(3) 
(a) The exemption granted in paragraph (1) shall not apply in respect of—
(i) any track which must be used for the purpose of using any locomotive fuelling point comprised in a light maintenance depot listed in Schedule 1, or
(ii) track comprised in the networks comprised in the railway goods terminals listed in Part II of Schedule 2.
(b) The exemption granted in paragraph (2) shall not apply in respect of any part of a light maintenance depot which part consists of a locomotive fuelling point, or any part of a light maintenance depot which part must be used for the purpose of using any such fuelling point.
(4) Exemption from sections 17 and 18 of the Act is granted to any person who is a facility owner by reference to any part of a station (other than a specified station) which part was, immediately before the coming into force of article 3, not used in connection with the provision, by a person falling within any of sub-paragraphs (i) to (iv) of article 4(a), of regular scheduled railway passenger services, in respect of that part.
(5) Exemption from sections 17 and 18 of the Act is granted to any person who is a facility owner by reference to any of the following railway facilities, namely—
(a) the station known as Waterloo International Terminal in London,
(b) Ashford International Passenger Station in Kent,
(c) the light maintenance depot known as Manchester International at New Bank Street, Longsight, Manchester, and
(d) the light maintenance depot known as North Pole International at Mitre Way, London W10 6AT,
in respect of that railway facility.
(6) 
(a) So far as it relates to any particular railway facility or part of a railway facility, the exemption granted in paragraph (1), (2), (4) or (5) may be revoked by agreement in writing between the Secretary of State and each person who is a facility owner by reference to that railway facility or that part.
(b) So far as it relates to any particular railway facility or part of a railway facility, the exemption granted in paragraph (5) may be revoked by not less than one month’s notice given by the Secretary of State to each person who is a facility owner by reference to that railway facility or that part, if the railway facility or part in question is used in connection with the provision of railway passenger services other than international services.
6 

(1) Exemption from designation under section 23(1) of the Act (designation of passenger services as eligible for franchising) is granted to any person who provides—
(a) a railway passenger service which was, immediately before the coming into force of this article, provided other than by a person falling within any of sub-paragraphs (i) to (iv) of article 4(a);
(b) a railway passenger service (other than a service falling within sub-paragraph (a) above) provided wholly on a railway line or railway lines comprised in a specified network; or
(c) a railway passenger service (other than a service falling within sub-paragraph (b) above) which involves travel through the Channel Tunnel;
in respect of that service.
(2) So far as it relates to any particular railway passenger service, the exemption granted in this article may be revoked by agreement in writing between the Secretary of State and the person providing that service.
7 

(1) Every railway passenger service provided wholly or substantially on a specified network (other than a network such as is mentioned in article 4(1)) is a service in relation to which section 37 of the Act (closure of non-franchised etc. passenger services) is not to have effect.
(2) Every specified network (other than a network such as is mentioned in article 4(1)) is a network in relation to which section 39 of the Act (closure of operational passenger networks) is not to have effect.
(3) Every specified station (other than a station such as is mentioned in article 4(1)), and each of the stations mentioned in article 5(5), is a station in relation to which section 41 of the Act (closure of railway facilities used in connection with passenger services) is not to have effect.
(4) Every specified light maintenance depot (other than a light maintenance depot such as is mentioned in article 4(1)), and each of the light maintenance depots mentioned in article 5(5), is a light maintenance depot in relation to which section 41 of the Act is not to have effect.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
8th March 1994
SCHEDULE 1
Articles 4(m) and 5(1) to (3)


 Ayr Maintenance Depot, Tryfield Place, Ayr, Strathclyde, KA8 9ND
 Barry Wagon Repair Depot, Island Road, Barry, South Glamorgan, CF6 8AR
 Stewarts Lane Freight Traction, Maintenance Depot, Dickens Street, Battersea, London, SW8 5EP
 Bescot Traction Maintenance Depot, Off Coronation Road, Bescot, Walsall, West Midlands, WS1 4NH
 Blyth Traction Maintenance Depot, Church Square, Cambois, Blyth, Northumberland, NE24 1SQ
 Carriage and Wagon Depot, 6A Days Road, Barton Hill, Bristol, Avon, BS5 0AJ
 Burton Wagon Repair Depot, Derby Road, Burton upon Trent, Staffordshire, DE14 1RY
 Buxton Traction Maintenance Depot, Off Palace Road, Buxton, Derbyshire, SK14 6AG
 Traction and Rolling Stock Depot, Coldham’s Lane, Cambridge, Cambridgeshire, CB1 3EW
 Canton Traction Maintenance Depot, Leckwith Road, Canton, Cardiff, South Glamorgan, CF1 8HP
 Carlisle Upperby Traction and Rolling Stock Depot, Tyne Street, Carlisle, Cumbria, CA1 2NP
 Currock Wagon Repair Depot, South Western Terrace, Currock, Carlisle, Cumbria, CA2 4AU
 Cathays Wagon Depot, Maindy Road, Cathays, Cardiff, South Glamorgan, CF3 4HQ
 Chester Wagon Shop, Black Diamond Street, Chester, Cheshire, CH1 3EX
 Traction Maintenance Depot, Off Nantwich Road, Crewe, Cheshire, CW2 6HR
 Crewe Electric Maintenance Depot, Wistaston Road, Crewe, Cheshire, CW2 7RL
 Didcot Traction Maintenance Depot, Basil Hill Road, Didcot, Oxfordshire, OX11 7MR
 Doncaster Traction Maintenance Depot, Doncaster Carr Loco, Tenpound Walk, Doncaster, South Yorkshire, DN4 5HX,
 Doncaster Wagon Maintenance Depot, Doncaster Carr Loco, Tenpound Walk, Doncaster, South Yorkshire, DN4 5HX
 Duddeston Wagon Repair Depot, Duddeston Mill Road, Duddeston, Birmingham, West Midlands, B8 1AR
 Saltley Fuel and Maintenance Point, Duddeston Mill Road, Duddeston, Birmingham, West Midlands, B8 1AR
 Eastleigh Freight Traction, Maintenance Depot, Campbell Road, Eastleigh, Hampshire, SO5 5AE
 Eastleigh Wagon Maintenance Depot, Campbell Road, Eastleigh, Hampshire, SO5 5AE
 Millerhill Wagon Depot, Old Gray Hall Road, Edinburgh, EN21 8RZ
 Millerhill Traction Depot, Whitehill Road, Edinburgh, EN21 8RZ
 Gateshead Wagon Maintenance Depot, Hudson Street, Gateshead, Tyne and Wear, NE8 3AE
 Tyne Wagon Maintenance Depot, Smithy Lane, Lanesley, Gateshead, Tyne and Wear, NE11 0EX
 Gloucester Diesel Depot, Horton Road, Gloucester, Gloucestershire, GR1 3PU
 Healey Mills Traction Maintenance Depot, Stores Hill Road, Healey Mills, Ossett, West Yorkshire, WF5 0AA
 Hither Green Traction Maintenance Depot, Manor Road, Hither Green, London, SE12 0UA
 Immingham Traction Maintenance, Depot, Gresley Way, Immingham Dock, Grimsby, Humberside, DN40 2LZ
 Immingham Wagon Maintenance Depot, Gresley Road, Immingham Dock, Grimsby, Humberside, DN40 2LZ
 Ipswich Carriage and Wagon Shop, Croft Street, Ipswich, Suffolk, IP2 8LB
 Knottingley Traction Maintenance Depot, Spawdbone Lane, Knottingley, West Yorkshire, WF11 0UG
 Knottingley Wagon Maintenance Depot, Spawdbone Lane, Knottingley, West Yorkshire, WF11 0UG
 Leicester Traction Maintenance Depot, Beal Street, Leicester, Leicestershire, LE2 0AA
 Allerton Traction Maintenance Depot, Woolton Road, Liverpool, Merseyside, L19 5NA
 Res Euston, Rolling Stock Maintenance, Granby Terrace, London, NW1 3SA
 March Traction and Rolling Stock, Depot, Hundred Road, March, Cambridgeshire, PE15 8QJ
 Margam Traction and Wagon Depot, Margam, Port Talbot, West Glamorgan, SA13 4PH
 Mossend Repair Sidings, Holytown Road, Bellshill, Mossend, Strathclyde, ML4 1ZD
 Motherwell Freight Depot, Caledonian House, Bellshill Road, Motherwell, Strathclyde, ML1 3SE
 Old Oak Common Freight Traction, Maintenance Depot, North Entrance, Old Oak Common Lane, London, NW10 4DU
 Old Oak Common Wagon, Maintenance Depot, North Entrance, Old Oak Common Lane, London, NW10 4DU
 St Blazey Maintenance Depot, St Blazey Road, Par, Cornwall, PL24 2LZ
 Perth Wagon Depot, New Yard, Tullock Road, Perth, Tayside, PE1 2RW
 Peterborough Traction Maintenance Depot, 1A Mayor’s Walk, Peterborough, Cambridgeshire, PE1 2AD
 Cresent Wagon Repair Depot, Midland Road, Peterborough, Cambridgeshire, PE3 6DZ
 Shirebrook Traction Maintenance Depot, Station Road, Shirebrook, Mansfield, Nottinghamshire, NG2 3SK
 Southampton Wagon Repair Depot, Dock Gate 20, Western Docks Extension, Southampton, Hampshire, SO9 4TD
 South Dock Traction Maintenance Depot, Prospect Row, Hendon, Sunderland, Tyne and Wear, SR1 2DW
 Thornaby Traction Maintenance Depot, Middlesbrough Road, Thornaby, Cleveland, TS18 7BN
 Thornaby Wagon Maintenance Depot, Middlesbrough Road, Thornaby, Cleveland, TS18 7BN
 Three Bridges Wagon Repair Depot, Haslett Avenue, Three Bridges, Crawley, West Sussex, RH10 1LY
 Tinsley Traction Maintenance Depot, Wood Lane, Tinsley, Brynsworth, Rotherham, South Yorkshire, S60 5RP
 Toton Traction Maintenance Depot, Toton Sidings, Long Eaton, Nottinghamshire, NG10 1HS
 Toton Wagon Maintenance Depot, Toton Sidings, Long Eaton, Nottinghamshire, NG10 1HS
 Warrington Carriage and Wagon Depot, Slutcher Lane, Newfoundland Sidings, Warrington, Cheshire, WA1 1LL
 Wigan Traction Depot, Springs Branch, Morris Street, Lower Ince, Wigan, Greater Manchester, WN3 4PS
 Worksop Wagon Repair Depot, Off Gateford Road, Worksop, Nottinghamshire, S80 1UJ
 York Wagon Repair Depot, Leeman Road, York, North Yorkshire, YO2 4XD

SCHEDULE 2
Articles 4(n) and 5(3)
PART I

 Pooles Lane, Ripple Road, Barking, Greater London, RM9 6RS
 Cardiff Freightliner Terminal, Rover Way, Pengam, Cardiff, South Glamorgan, CF2 2YS
 Cleveland Freightliner Terminal, Trunk Road, Grange Town, Middlesbrough, Cleveland, TS9 7SD
 Coatbridge Freightliner Terminal, 100 Gartsherrie Road, Coatbridge, Strathclyde, ML5 2DS
 Annat Point, Corpach, Fort William, Highland, PH33 7NH
 Felixstowe Freightliner Terminal, Wickenden House, Landguard Terminal, The Dock, Felixstowe, Suffolk, IP11 8TN
 Leeds Freightliner Terminal, Valley Farm Road, Wakefield, Stourton, Leeds, West Yorkshire, LS10 1SD
 Liverpool Garston Freightliner, Terminal, Dock Road, Liverpool, Merseyside, L19 2JN
 Liverpool Seaforth Terminal, Royal Seaforth, Container Terminal, Liverpool, Merseyside, L21 1JD
 Lochaber Works, Fort William, Highland, PH33 6TH
 Lynemouth Smelter, Ashington, Northumberland, NE63 9YH
 Barton Dock Road, Manchester, M31 2LP
 Manchester Freightliner Terminal, Westinghouse Road, Trafford Park, Manchester, M17 1FA
 Southampton Millbrook Freightliner Terminal, Millbrook Road, Millbrook, Southampton, Hampshire, SO1 0ST
 Southampton Maritime Freightliner Terminal, Dock Gate 20, Western Dock Extension, Southampton, Hampshire, SO9 4TD
 Frankland Road, Swindon, Wiltshire, SN5 8YZ
 Thamesport, Isle of Grain, Grain Road, Isle of Grain, Rochester, Kent, ME3 0EP
 Tilbury Freightliner Terminal, Rail Container Depot, Tilbury Dock, Tilbury, Essex, RM18 7EH

PART II

 Birmingham Freightliner Terminal, Landor Street, Birmingham, West Midlands, B8 1BT
 Trafford Park Euroterminal, Westinghouse Road, Trafford Park, Manchester, M17 1EU
 Mossend Euroterminal, Eurocentral Avenue, Mossend, Bellshill, Strathclyde, L1 1BL
 Stratford Freightliner Terminal, Temple Mills Lane, Stratford, London, E15 2EN
 Willesden Euroterminal, Stevenson Street, Willesden, London, NW10 6TY
