Catalogue description Department of Transport and successors: Transport and Works Act 1992 Files (TWA Series)

The Transport and Works Act 1992 (TWA) introduced a Ministerial Order-making system in England and Wales to authorise the construction of new transport infrastructure, including railways, tramway, other guided transport systems, inland waterways and works interfering with the rights of navigation. Orders may also provide for a number of ancillary matters such as the compulsory acquisition of land and the making of byelaws.

The Act brought the procedures for authorising public transport and inland waterways more into line with those that had applied for many years to highway projects and other large developments, such as airports and power stations. Previously most of these types of projects required approval by Parliament through Private Bills.

Instead of using the Parliamentary procedure, promoters had instead to apply to the Department of Transport for a Transport and Works Order (TWO) under the Act.

The procedure for applying for an order and its subsequent handling, are set out in the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (SI 2006/1466)7)

The Act did not suspend the making of Orders under the Light Railway Act 1896, but did modify the process.

Scotland has a different system for new railway works: the Private Legislation Procedure (Scotland) Act 1936. Railway or other projects crossing the border with England are likely to be subject to Private Bill procedure before the UK Parliament.

Since the passing of the Government of Wales Act 1998, which established the National Assembly for Wales, applications for TWA orders relating wholly to Wales are now determined by the Assembly.

The TWA does not apply in Northern Ireland, where such works may be authorised by Private Bills, Orders in Council and subordinate Orders.

The Transport Works Act Processing Unit undertakes this work and formulates and disseminates policy on the implementation of the Act. It also advises other elements of the Department of Transport on the impact of the Act on their work.