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Railways Act 1993 (c. 43)(The document as of February, 2008) Page 5 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 (b) the date on which it is proposed that the closure will take effect, (c) particulars of any alternative transport services which appear to him to be available, (d) the addresses of the premises at which a statement of the reasons for the proposed closure can be inspected, or from which a copy of that statement can be obtained, and any fees payable for copies of the statement, (e) a statement that objections to the proposed closure may be lodged with the Regulator within such period as may be specified for the purpose in the notice (being not less than six weeks from the date of the last publication of the notice in a local newspaper), and shall be under a duty during the interim period to secure the provision of the services to which the proposed closure relates. (6) Without prejudice to any subsequent application of this section in relation to the services in question-- (a) if the final decision on the closure question is that the proposed closure will not be allowed to take effect, the Franchising Director shall be under a duty to secure the provision of those services after the interim period; and (b) if the final decision on the closure question is that the proposed closure will be allowed to take effect subject to compliance with conditions, the Franchising Director shall be under a duty to comply with those conditions or to secure that they are complied with. (7) In this section--
(8) The services which are to be regarded for the purposes of this section as provided on behalf of the Franchising Director are the same services as are to be so regarded for the purposes of section 37 above. (9) Any sums received by the Franchising Director under this section shall be paid into the Consolidated Fund. 39 Notification of proposals to close operational passenger networks(1) Subject to subsection (2) below, in any case where-- (a) the operator of a network proposes to discontinue the operation of the network or some part of it (in this section referred to as a "closure"), (b) the network or, as the case may be, the part of the network in question has, at any time within the preceding five years, been used for or in connection with the provision of any services for the carriage of passengers by railway, and (c) the network or, as the case may be, the part of the network in question is not one which is operated on behalf of the Franchising Director, then, unless the closure is certified by the Regulator as being a minor closure, the operator shall give notice of the proposal to the Franchising Director not less than three months before the date specified pursuant to subsection (4)(b) below as the date on which it is proposed that the closure should take effect and shall not discontinue the operation of the network or, as the case may be, the part of the network in question before that date. (2) This section does not apply if and to the extent that the proposal mentioned in subsection (1) above is a proposal to discontinue the operation of part of a multiple track railway between any two places, where the circumstances are such that the railway line in question will continue to be at least a single track railway between those two places. (3) In determining for the purposes of subsection (1)(b) above whether the network or, as the case may be, the part of the network in question has at any time within the period there mentioned been used for or in connection with the provision of services for the carriage of passengers by railway, there shall be left out of account any use for or in connection with the provision of services-- (a) which involve travel through the Channel Tunnel; (b) which are experimental passenger services, within the meaning of section 48 below, or which are provided on an experimental basis, for the purposes of section 56A of the [1962 c. 46.] Transport Act 1962; or (c) which are provided otherwise than as regular scheduled services on that network or, as the case may be, the part of the network in question; and this section shall not have effect in relation to any networks which are designated, or which are of a class or description designated, by order under section 49(4) below as networks in relation to which this section is not to have effect. (4) A notice under subsection (1) above shall be accompanied by a statement of-- (a) the operator's reasons for the proposal; (b) the date on which it is proposed that the closure will take effect; and (c) any alternative transport services which appear to him to be available. (5) Where notice is given to the Franchising Director under subsection (1) above, he must consider, and form an opinion on, the question whether the proposed closure should or should not be permitted to take effect. (6) If the Franchising Director is of the opinion that the proposed closure should not be permitted to take effect, he shall be under a duty to secure the continued operation of the network or, as the case may be, the part of the network in question after the date on which the operator proposes that the closure should take effect. (7) If the Franchising Director is of the opinion that the proposed closure should be permitted to take effect, he shall publish in two successive weeks in a local newspaper circulating in the area affected and in two national newspapers, and in such other manner as appears to him to be appropriate, a notice containing-- (a) particulars of the proposal to effect the closure, (b) the date on which it is proposed that the closure will take effect, (c) particulars of any alternative transport services which appear to him to be available, (d) the addresses of the premises at which a statement of the reasons for the proposed closure can be inspected, or from which a copy of that statement can be obtained, and any fees payable for copies of the statement, (e) a statement that objections to the proposed closure may be lodged with the Regulator within such period as may be specified for the purpose in the notice (being not less than six weeks from the date of the last publication of the notice in a local newspaper), and shall be under a duty during the interim period to secure the operation of the network or, as the case may be, the part of the network to which the proposed closure relates. (8) The reasons contained in the statement referred to in subsection (7)(d) above may consist of or include the reasons included in the statement under subsection (4) above, with or without other reasons of the Franchising Director's. (9) Without prejudice to the provisions of section 40 below in relation to the network or the part of the network in question-- (a) if the final decision on the closure question is that the proposed closure will not be allowed to take effect, the Franchising Director shall be under a duty to secure the operation of the network or, as the case may be, the part of the network after the interim period; and (b) if the final decision on the closure question is that the proposed closure will be allowed to take effect subject to compliance with conditions, the Franchising Director shall be under a duty to comply with those conditions or to secure that they are complied with. (10) In this section--
(11) The networks, and the parts of networks, which are to be regarded for the purposes of this section as operated on behalf of the Franchising Director are those whose operation he is for the time being under a duty to secure, in consequence of-- (a) subsection (6) or (9)(a) above, (b) section 40(6)(a) below, or (c) any closure condition imposed under section 43(9) or 44(2) below, and those whose operation he is for the time being securing in pursuance of his power under section 30 above. (12) Any sums received by the Franchising Director under this section shall be paid into the Consolidated Fund. 40 Proposals to close passenger networks operated on behalf of the Franchising Director(1) This section applies in any case where-- (a) a network or a part of a network is operated on behalf of the Franchising Director; and (b) the Franchising Director proposes to discontinue the operation of the network or, as the case may be, the part of the network in question (in this section referred to as a "closure"). (2) If in a case where this section applies-- (a) the closure is certified by the Regulator as being a minor closure, (b) the closure is one to which subsection (3) below applies, (c) the network or, as the case may be, the part of the network in question has at no time within the preceding five years been used for or in connection with the provision of any services for the carriage of passengers by railway, or (d) the network in question is one of those which are designated, or which are of a class or description designated, by order under section 49(4) below as networks in relation to which section 39 above is not to have effect, the Franchising Director may discontinue the operation of the network or, as the case may be, the part of the network in question, notwithstanding any duty imposed upon him by or under this Part to secure its operation, and subsections (5) and (6) below shall not apply in relation to the closure. (3) This subsection applies to a closure if and to the extent that it is the closure of part of a multiple track railway running between any two places, where the circumstances are such that the railway line in question will continue to be at least a single track railway between those two places. (4) In determining for the purposes of subsection (2)(c) above whether the network or, as the case may be, the part of the network in question has at any time within the period there mentioned been used for or in connection with the provision of services for the carriage of passengers by railway, there shall be left out of account any use for or in connection with the provision of services-- (a) which involve travel through the Channel Tunnel; (b) which are experimental passenger services, within the meaning of section 48 below, or which are provided on an experimental basis, for the purposes of section 56A of the [1962 c. 46.] Transport Act 1962; or (c) which are provided otherwise than as regular scheduled services on that network or, as the case may be, the part of the network in question. (5) Subject to subsection (2) above, where this section applies, the Franchising Director shall publish in two successive weeks in a local newspaper circulating in the area affected and in two national newspapers, and in such other manner as appears to him to be appropriate, a notice containing-- (a) particulars of the proposal to effect the closure, (b) the date on which it is proposed that the closure will take effect, (c) particulars of any alternative transport services which appear to him to be available, (d) the addresses of the premises at which a statement of the reasons for the proposed closure can be inspected, or from which a copy of that statement can be obtained, and any fees payable for copies of the statement, (e) a statement that objections to the proposed closure may be lodged with the Regulator within such period as may be specified for the purpose in the notice (being not less than six weeks from the date of the last publication of the notice in a local newspaper), and shall be under a duty during the interim period to secure the operation of the network or, as the case may be, the part of the network to which the proposed closure relates. (6) Subject to subsection (2) above and without prejudice to any subsequent application of this section in relation to the network or the part of the network in question-- (a) if the final decision on the closure question is that the proposed closure will not be allowed to take effect, the Franchising Director shall be under a duty to secure the operation of the network or, as the case may be, the part of the network after the interim period; and (b) if the final decision on the closure question is that the proposed closure will be allowed to take effect subject to compliance with conditions, the Franchising Director shall be under a duty to comply with those conditions or to secure that they are complied with. (7) In this section--
(8) The networks and parts of networks that are to be regarded for the purposes of this section as operated on behalf of the Franchising Director are the same networks and parts of networks as are to be so regarded for the purposes of section 39 above. (9) Any sums received by the Franchising Director under this section shall be paid into the Consolidated Fund. 41 Notification of proposals to close railway facilities used in connection with passenger services(1) In any case where-- (a) the operator of a station or light maintenance depot ("the relevant facility") proposes to terminate the use of that station or light maintenance depot, or some part of it, as such (in this section referred to as a "closure"), (b) the relevant facility or, as the case may be, the part of the relevant facility in question has, at any time within the preceding five years, been used in connection with the provision of any services for the carriage of passengers by railway, and (c) the relevant facility or, as the case may be, the part of the relevant facility in question is not one which is operated on behalf of the Franchising Director, then, unless the closure is certified by the Regulator as being a minor closure, the operator shall give notice of the proposal to the Franchising Director not less than three months before the date specified pursuant to subsection (3)(b) below as the date on which it is proposed that the closure should take effect and shall not terminate the use of the relevant facility or, as the case may be, the part of the relevant facility in question before that date. (2) In determining for the purposes of subsection (1)(b) above whether the relevant facility or, as the case may be, the part of the relevant facility in question has at any time within the period there mentioned been used in connection with the provision of services for the carriage of passengers by railway, there shall be left out of account any use in connection with the provision of services-- (a) which involve travel through the Channel Tunnel; (b) which are experimental passenger services, within the meaning of section 48 below, or which are provided on an experimental basis, for the purposes of section 56A of the [1962 c. 46.] Transport Act 1962; or (c) which are provided otherwise than as regular scheduled services; and this section shall not have effect in relation to any stations or light maintenance depots which are designated, or which are of a class or description designated, by order under section 49(5) below as stations or light maintenance depots in relation to which this section is not to have effect. (3) A notice under subsection (1) above shall be accompanied by a statement of-- (a) the operator's reasons for the proposal; (b) the date on which it is proposed that the closure will take effect; and (c) any alternative facilities which appear to the operator to be available for the provision of services corresponding to those provided by means of the relevant facility or, as the case may be, the part of the relevant facility in question. (4) Where notice is given to the Franchising Director under subsection (1) above, he must consider, and form an opinion on, the question whether the proposed closure should or should not be permitted to take effect. (5) If the Franchising Director is of the opinion that the proposed closure should not be permitted to take effect, he shall be under a duty to secure the continued operation of the relevant facility or, as the case may be, the part of the relevant facility in question after the date on which the operator proposes that the closure should take effect. (6) If the Franchising Director is of the opinion that the proposed closure should be permitted to take effect, he shall publish in two successive weeks in a local newspaper circulating in the area affected and in two national newspapers, and in such other manner as appears to him to be appropriate, a notice containing-- (a) particulars of the proposal to effect the closure, (b) the date on which it is proposed that the closure will take effect, (c) particulars of any alternative facilities which appear to him to be available for the provision of services corresponding to those provided by means of the relevant facility or, as the case may be, the part of the relevant facility in question, (d) the addresses of the premises at which a statement of the reasons for the proposed closure can be inspected, or from which a copy of that statement can be obtained, and any fees payable for copies of the statement, (e) a statement that objections to the proposed closure may be lodged with the Regulator within such period as may be specified for the purpose in the notice (being not less than six weeks from the date of the last publication of the notice in a local newspaper), and shall be under a duty during the interim period to secure the operation of the relevant facility or, as the case may be, the part of the relevant facility to which the proposed closure relates. (7) The reasons contained in the statement referred to in subsection (6)(d) above may consist of or include the reasons included in the statement under subsection (3) above, with or without other reasons of the Franchising Director's. (8) Without prejudice to the provisions of section 42 below in relation to the relevant facility or the part of the relevant facility in question-- (a) if the final decision on the closure question is that the proposed closure will not be allowed to take effect, the Franchising Director shall be under a duty to secure the operation of the relevant facility or, as the case may be, the part of the relevant facility after the interim period; and (b) if the final decision on the closure question is that the proposed closure will be allowed to take effect subject to compliance with conditions, the Franchising Director shall be under a duty to comply with those conditions or to secure that they are complied with. (9) In this section--
(10) The stations and light maintenance depots, and the parts of stations or light maintenance depots, which are to be regarded for the purposes of this section as operated on behalf of the Franchising Director are those whose operation he is for the time being under a duty to secure, in consequence of-- (a) subsection (5) or (8)(a) above, (b) section 42(5)(a) below, or (c) any closure condition imposed under section 43(9) or 44(2) below, and those whose operation he is for the time being securing in pursuance of his power under section 30 above. (11) Any sums received by the Franchising Director under this section shall be paid into the Consolidated Fund. 42 Proposals to close passenger railway facilities operated on behalf of the Franchising Director(1) This section applies in any case where-- (a) the whole or some part of a station or light maintenance depot ("the relevant facility") is operated on behalf of the Franchising Director; and (b) the Franchising Director proposes to discontinue the operation of the relevant facility or of some part of the relevant facility (in this section referred to as a "closure"). (2) If in a case where this section applies-- (a) the closure is certified by the Regulator as being a minor closure, (b) the relevant facility or, as the case may be, the part of the relevant facility in question has at no time within the preceding five years been used in connection with the provision of any services for the carriage of passengers by railway, or (c) the relevant facility is, or is part of, one of those stations or light maintenance depots which are designated, or which are of a class or description designated, by order under section 49(5) below as stations or light maintenance depots in relation to which section 41 above is not to have effect, the Franchising Director may discontinue the operation of the relevant facility or, as the case may be, the part of the relevant facility in question, notwithstanding any duty imposed upon him by or under this Part to secure its operation, and subsections (4) and (5) below shall not apply in relation to the closure. (3) In determining for the purposes of subsection (2)(b) above whether the relevant facility or, as the case may be, the part of the relevant facility in question has at any time within the period there mentioned been used in connection with the provision of services for the carriage of passengers by railway, there shall be left out of account any use in connection with the provision of services-- (a) which involve travel through the Channel Tunnel; (b) which are experimental passenger services, within the meaning of section 48 below, or which are provided on an experimental basis, for the purposes of section 56A of the [1962 c. 46.] Transport Act 1962; or (c) which are provided otherwise than as regular scheduled services. (4) Subject to subsection (2) above, where this section applies, the Franchising Director shall publish in two successive weeks in a local newspaper circulating in the area affected and in two national newspapers, and in such other manner as appears to him to be appropriate, a notice containing-- (a) particulars of the proposal to effect the closure, (b) the date on which it is proposed that the closure will take effect, (c) particulars of any alternative facilities which appear to him to be available for the provision of services corresponding to those provided by means of the relevant facility or, as the case may be, the part of the relevant facility in question, (d) the addresses of the premises at which a statement of the reasons for the proposed closure can be inspected, or from which a copy of that statement can be obtained, and any fees payable for copies of the statement, (e) a statement that objections to the proposed closure may be lodged with the Regulator within such period as may be specified for the purpose in the notice (being not less than six weeks from the date of the last publication of the notice in a local newspaper), and shall be under a duty during the interim period to secure the operation of the relevant facility or, as the case may be, the part of the relevant facility to which the proposed closure relates. (5) Subject to subsection (2) above and without prejudice to any subsequent application of this section in relation to the relevant facility or the part of the relevant facility in question-- (a) if the final decision on the closure question is that the proposed closure will not be allowed to take effect, the Franchising Director shall be under a duty to secure the operation of the relevant facility or, as the case may be, the part of the relevant facility after the interim period; and (b) if the final decision on the closure question is that the proposed closure will be allowed to take effect subject to compliance with conditions, the Franchising Director shall be under a duty to comply with those conditions or to secure that they are complied with. (6) In this section--
(7) The stations and light maintenance depots and the parts of stations and light maintenance depots that are to be regarded for the purposes of this section as operated on behalf of the Franchising Director are the same stations and light maintenance depots and parts of stations and light maintenance depots as are to be so regarded for the purposes of section 41 above. (8) Any sums received by the Franchising Director under this section shall be paid into the Consolidated Fund. 43 Notification to, and functions of, the Regulator and the relevant consultative committees(1) Where the Franchising Director is required by any provision of sections 37 to 42 above to publish any notice, he shall also send the following documents, that is to say-- (a) a copy of the notice, (b) a copy of the statement of reasons to which the notice refers, and (c) a statement of his recommendations with respect to the conditions (if any) to be attached to any consent to the closure, to the Regulator and to every consultative committee whose area consists of or includes the whole or any part of the area affected by the proposed closure. (2) The Regulator shall send to every consultative committee whose area consists of or includes the whole or any part of the area affected a copy of every objection to the proposed closure which is lodged with him in accordance with the terms of the statement published pursuant to paragraph (e) of whichever of sections 37(6), 38(5), 39(7), 40(5), 41(6) or 42(4) above is applicable in the case of that proposed closure. (3) On receipt of the copy of the notice referred to in subsection (1)(a) above, a consultative committee shall-- (a) consider whether or not the proposed closure will cause any hardship; (b) identify any reasonable means of alleviating any such hardship; and (c) prepare, and send to the Regulator, a report of the conclusions which it has reached in the discharge of its functions under paragraphs (a) and (b) above; and, for the purposes of paragraph (b) above, a consultative committee shall not conclude that any particular means of alleviating hardship is reasonable unless, balancing the cost to the Franchising Director (or any other public authority) of employing those means against the benefit of any alleviation thereby secured, the committee is of the opinion, on the basis of the information available to it, that the expenditure involved represents good value for money. (4) Any consultative committee which has prepared a report under subsection (3)(c) above shall send a copy of the report to the Central Committee and may publish the report in any manner which it considers appropriate. (5) For the purpose of facilitating the discharge of its functions under subsection (3) above, a consultative committee may, after consultation with the Regulator, hold public hearings. (6) In deciding whether to hold a public hearing for the purposes of this section, and in conducting any such hearing, a consultative committee shall take into account such matters as may be notified to it by the Regulator. (7) The report required by subsection (3)(c) above shall be sent to the Regulator before the expiration of the period of 12 weeks, or such longer period as the Regulator may allow in any particular case, immediately following the end of the period within which objections to the proposed closure may be lodged with the Regulator. (8) The Regulator shall only allow a longer period for the purposes of subsection (7) above if, on an application made to him by the consultative committee in question, he considers it appropriate to do so in the circumstances of the particular case. (9) It shall be for the Regulator to decide whether the proposed closure should, or should not, be allowed to take effect; and a decision may be given allowing the proposed closure to take effect subject to compliance with such conditions (if any) as the Regulator may see fit to impose. (10) Before deciding whether or not to allow the proposed closure to take effect, or whether to impose any and, if so, what conditions, the Regulator shall consider-- (a) the reasons for the proposed closure set out in the copy of the statement sent to him pursuant to subsection (1)(b) above; (b) any objections to the proposed closure which have been lodged with him; and (c) every report relating to the proposed closure which is sent to him by a consultative committee pursuant to subsection (3)(c) above. (11) The Regulator shall make his decision with respect to the proposed closure before the expiration of the period of 26 weeks, or such longer period as the Secretary of State may at the request of the Regulator allow in any particular case, immediately following the day on which he receives the documents sent to him pursuant to subsection (1) above. (12) When the Regulator has made a decision with respect to the proposed closure, he shall send a copy of the decision to-- (a) the Secretary of State, (b) the Franchising Director, (c) every such consultative committee as is mentioned in subsection (1) above, and (d) either-- (i) in a case falling within section 37 above, the service operator, within the meaning of that section, or (ii) in a case falling within section 39 or 41 above, the operator of the network, station or light maintenance depot in question who gave the notice required by subsection (1) of the section in question, and shall publish notice of the decision at every station within the area affected. (13) In this section, "the area affected", in relation to a proposed closure, shall be construed in accordance with the section under or by virtue of which the Franchising Director is required to publish the notice referred to in subsection (1) above. 44 Reference to the Secretary of State of decisions of the Regulator concerning proposed closures(1) Any person aggrieved by a decision of the Regulator in relation to a proposed closure may refer that decision to the Secretary of State by notice in writing given to the Secretary of State not later than 4 weeks after the date of the decision. (2) On a reference under this section, the Secretary of State may-- (a) confirm the decision given by the Regulator; (b) in the case of a decision of the Regulator to allow a proposed closure to take effect subject to compliance with conditions, confirm the decision to allow the proposed closure to take effect but modify the conditions; or (c) substitute his decision for that of the Regulator. (3) Any person who refers a decision to the Secretary of State under this section shall provide, with his notice under subsection (1) above, a statement of the reasons why he is aggrieved by the decision of the Regulator. (4) On disposing of any reference under this section, the Secretary of State shall give notice of his decision to-- (a) the Regulator, (b) the Franchising Director, (c) every consultative committee to which notice of the Regulator's decision was required to be given by paragraph (c) of subsection (12) of section 43 above, (d) any person to whom notice of the Regulator's decision was required to be given by paragraph (d) of that subsection, and (e) if not falling within paragraphs (a) to (d) above, the person who referred the Regulator's decision to the Secretary of State under subsection (1) above, and shall publish notice of his decision on the reference at every station at which the Regulator was required by section 43(12) above to publish notice of his decision. 45 Closure conditions: general(1) In this Part, "closure conditions" means the conditions subject to compliance with which consent to a closure is given. (2) Closure conditions-- (a) may impose requirements on the Franchising Director with respect to the times at which, or stages by which, a closure is to take effect; (b) may require the Franchising Director to secure the provision of a bus substitution service, within the meaning of sections 119 to 124 of the [1985 c. 67.] Transport Act 1985. (3) The provisions of this section are without prejudice to the generality of the closure conditions that may be imposed in any case. 46 Variation of closure conditions(1) The Regulator may from time to time vary or revoke any conditions for the time being required to be complied with in connection with a closure, other than-- (a) a condition imposed by the Secretary of State under Schedule 5 to this Act, or (b) a condition requiring the Franchising Director to secure the provision of a bus substitution service (within the meaning of sections 119 to 124 of the [1985 c. 67.] Transport Act 1985), whether or not those conditions have been imposed, modified or confirmed by the Secretary of State under section 44 above and whether the closure took place before or after the coming into force of this section. (2) Where, in exercise of his power under subsection (1) above, the Regulator decides to vary or revoke any closure condition, he shall send a copy of his decision to-- (a) the Secretary of State, (b) the Franchising Director, (c) every consultative committee whose area consists of or includes the whole or any part of the area affected by the closure to which the condition relates, and (d) either-- (i) if the closure in question is one falling within section 37 above, the service operator, within the meaning of that section, or (ii) if the closure in question is one falling within section 39 or 41 above, the operator of the network, station or light maintenance depot in question who gave the notice required by subsection (1) of the section in question, and shall publish notice of the decision at every station within the area affected by the closure to which the condition relates. (3) Any person aggrieved by a decision of the Regulator under subsection (1) above may refer that decision to the Secretary of State in accordance with section 44 above; and that section shall apply in relation to the reference of any such decision to vary or revoke a condition as it applies in relation to the reference of a decision in connection with a proposed closure, but taking any reference to proposed closure as a reference to variation or revocation of a condition. (4) In this section--
47 Bus substitution services etc(1) There are hereby transferred to the Franchising Director (so as to be exercisable concurrently with the Board) the functions of the Board under-- Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 -- Back --
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