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| Access contracts |
Regulator's general approvals of access contracts etc. |
207. - (1) In subsection (1) of section 18 of the Railways Act 1993 (access contracts requiring approval of Regulator), after paragraph (b) insert "or |
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(c) the access contract is of a class or description specified in a general approval given by the Regulator;"; |
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and for the words from "which is" to the end substitute "shall be void unless one of the conditions in paragraphs (a) to (c) above is satisfied." |
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(2) After subsection (7) of that section insert- |
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"(7A) Where the Regulator gives or revokes a general approval under subsection (1)(c) above, he shall publish the approval or revocation in such manner as he considers appropriate. |
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(7B) The revocation of a general approval given under subsection (1)(c) above shall not affect the continuing validity of any access contract to which it applied." |
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(3) In subsection (3) of section 19 of that Act (installation access contracts requiring approval of Regulator), after paragraph (b) insert "or |
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(c) the installation access contract is of a class or description specified in a general approval given by the Regulator;"; |
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and for the words from "which is" to the end substitute "shall be void unless one of the conditions in paragraphs (a) to (c) above is satisfied." |
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(4) After subsection (5) of that section insert- |
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"(5A) Where the Regulator gives or revokes a general approval under subsection (3)(c) above, he shall publish the approval or revocation in such manner as he considers appropriate. |
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(5B) The revocation of a general approval given under subsection (3)(c) above shall not affect the continuing validity of any installation access contract to which it applied." |
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(5) In section 72(2)(b)(v) of that Act (provisions of general approvals under section 22(3) to be entered in register kept by Regulator), after "section" insert "18(1)(c), 19(3)(c) or". |
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(6) In section 83(1) of that Act (interpretation), in the definition of "access agreement"- |
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(a) in paragraph (a), for "entered into pursuant to directions under section 17 or 18" substitute "which satisfies one of the conditions in paragraphs (a) to (c) of section 18(1)", and |
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(b) in paragraph (b), for "entered into pursuant to directions under section 19" substitute "which satisfies one of the conditions in paragraphs (a) to (c) of section 19(3)". |
Amendment of access agreements. |
208. - (1) In subsection (1) of section 22 of the Railways Act 1993 (amendment of access agreement void unless approved by Regulator), insert at the end "or is made pursuant to directions under section 22A below." |
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(2) After that section insert- |
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"Directions to amend access agreements. |
22A. - (1) The Regulator may, on the application of the person permitted by an access agreement to use the whole or part of a railway facility or network installation, give directions requiring the parties to the access agreement to make to the agreement- |
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(a) amendments permitting more extensive use of the railway facility or network installation by the applicant; and |
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(b) any amendments which the Regulator considers necessary or desirable in consequence of those amendments. |
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(2) In subsection (1)(a) above "more extensive use" means- |
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(a) increased use for the purpose for which the applicant is permitted by the access agreement to use the railway facility or network installation, or |
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(b) (in the case of a railway facility) use for any other permitted purpose, |
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and if the applicant is permitted to use only part of the railway facility or network installation, includes use for the purpose for which he is permitted to use it, or (in the case of a railway facility) for any other permitted purpose, of any other part of the railway facility or network installation. |
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(3) In subsection (2) above "permitted purpose", in relation to a railway facility, means a purpose for which directions may be given in relation to the railway facility under section 17 above. |
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(4) No directions shall be given under this section in relation to a railway facility if and to the extent that- |
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(a) the railway facility is, by virtue of section 20 above, an exempt facility; or |
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(b) performance of the access agreement as amended would necessarily involve the facility owner in being in breach of another access agreement or an international railway access contract. |
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(5) No directions shall be given under this section in relation to a railway facility or network installation if and to the extent that, as a result of an obligation or duty owed by the facility owner or installation owner which arose before the coming into force of section 17 or 19 above, the consent of some other person is required by him before he may make the amendments. |
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(6) The Regulator shall not have power to direct or otherwise require amendments to be made to an access agreement except in accordance with this section. |
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(7) Nothing in this section authorises the Regulator to give directions to any person requiring him to grant a lease of the whole or any part of a railway facility or network installation. |
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(8) In this section and section 22B below- |
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(a) "international railway access contract" and "lease" have the same meaning as in section 17 above; and |
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(b) "network installation" has the same meaning as in section 19 above. |
Applications for directions: procedure. |
22B. - (1) Schedule 4 to this Act shall have effect with respect to applications for directions under section 22A above as it has effect with respect to applications for directions under section 17 above (but subject as follows). |
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(2) In its application by virtue of this section Schedule 4 to this Act has effect with the following modifications- |
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(a) in paragraph 1, in the definition of "the facility owner", for "17(1)" there shall be substituted "22A" and, in the definition of "interested person", for "enter into the required access contract" there shall be substituted "make the amendments"; |
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(b) in paragraph 2(1), for "which the applicant proposes should be contained in the required access contract" and "to be contained in the required access contract" there shall be substituted "of the proposed amendments"; |
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(c) in paragraph 5(2), for "to the facility owner requiring him to enter into an access contract" there shall be substituted "under section 22A of this Act"; |
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(d) for paragraph 5(2)(a)(i) and (ii) there shall be substituted "the amendments to be made and the date by which they are to be made; and"; |
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(e) in paragraph 6(2), for the words from "facility owner's" to the end of paragraph (c) there shall be substituted "making of the amendments, the performance of the access agreement as amended or failing to take any step to protect the interests of the interested person in connection with the application for directions or the making of the amendments,"; and |
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(f) in paragraph 6(3), for "any access contract which is entered into" there shall be substituted "the amendments made"; |
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and the definition of "the required access contract", and the words following that definition, in paragraph 1 and paragraph 5(4) shall be omitted. |
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(3) In its application by virtue of this section in relation to an application relating to an installation access contract Schedule 4 to this Act has effect with the following further modifications- |
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(a) references to the railway facility shall have effect as references to the network installation; |
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(b) references to the facility owner shall have effect as references to the installation owner; and |
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(c) in the definition of "interested person" in paragraph 1, for "17" there shall be substituted "19". |
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(4) The Regulator may determine that, in their application by virtue of this section in relation to any particular application, paragraphs 3 and 4 of Schedule 4 to this Act shall have effect as if for any of the numbers of days specified in them there were substituted the lower number specified by the Regulator. |
Amendment: supplementary. |
22C. If an access agreement includes provision for any of its terms to be varied- |
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(a) by agreement of the parties, or |
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(b) by direction or other requirement of the Regulator, |
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a variation made pursuant to that provision shall not be regarded for the purposes of section 22 or 22A above as an amendment of the agreement." |
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Prospective facility owners, proposed facilities etc. |
209. - (1) In section 17(6) of the Railways Act 1993 (directions requiring facility owners to enter into contracts for use of their railway facilities), in the definition of "facility owner", after paragraph (b) insert "but also includes a person before he becomes a facility owner;". |
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(2) In section 19 of that Act (contracts for use of installations comprised in a network)- |
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(a) in subsection (9), in the definition of "installation owner", after paragraph (b) insert "but also includes a person before he becomes an installation owner;", and |
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(b) in subsection (11), insert at the end "and to one which is proposed to be constructed or is in the course of construction." |
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(3) In section 83 of that Act (interpretation of Part I), after subsection (1) insert- |
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"(1A) In sections 17 to 22C above (and Schedule 4 to this Act) references to a railway facility (including references to any track, station or light maintenance depot) or a network include references to a railway facility (or any track, station or light maintenance depot) or a network which is proposed to be constructed or is in the course of construction." |
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| Closures |
Transfer of Regulator's functions to Secretary of State. |
210. - (1) In sections 37(6), 38(5), 39(7), 40(5), 41(6) and 42(4) of the Railways Act 1993 (lodging of objections to proposed closures with Regulator), for "Regulator" substitute "Secretary of State". |
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(2) In sections 37(9), 38(7), 39(10), 40(7), 41(9) and 42(6) of that Act, in the definition of "the final decision on the closure question", for paragraphs (a) and (b) substitute "the Secretary of State's decision under section 43(9) below with respect to the proposed closure;". |
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(3) In section 43 of that Act (notification to, and functions of, Regulator)- |
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(a) for "Regulator" (in each place except subsection (11)) substitute "Secretary of State", |
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(b) omit subsection (11) (time limit for making of decisions by Regulator), and |
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(c) in subsection (12), for "Secretary of State" substitute "Regulator". |
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(4) Omit section 44 of that Act (reference of Regulator's decisions to Secretary of State). |
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(5) In section 46 of that Act (variation of closure conditions)- |
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(a) in subsection (1), for "Regulator" substitute "Secretary of State" and omit the words from ", other than" to the end, |
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(b) in subsection (2), for "Regulator" substitute "Secretary of State" and for "Secretary of State" substitute "Regulator", and |
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(6) In section 48 of that Act (experimental services)- |
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(a) in subsection (1), for ", 43 and 44" substitute "and 43", and |
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(b) in subsection (7), for "Regulator" substitute "Secretary of State". |
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(7) In section 68 of that Act (investigatory functions of Regulator), omit subsection (1)(b) (duty to investigate contravention of condition of closure consent). |
Conditions. |
211. - (1) In section 37(1) of the Railways Act 1993 (notice of proposed closure of non-franchised passenger services except where closure is minor closure), after "minor closure" insert "and the service operator has agreed to comply with any conditions imposed by the Authority". |
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(2) In sections 39(1) and 41(1) of that Act (notice of proposed closure of whole or part of network or facility except where closure is minor closure), after "minor closure" insert "and the operator has agreed to comply with any conditions imposed by the Authority". |
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(3) In section 55(10) of that Act (enforcement), in the definition of "relevant condition or requirement", after paragraph (c) insert- |
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"(d) in the case of a person (other than the Authority) who is required to comply with closure conditions or has agreed to comply with conditions under section 37(1), 39(1) or 41(1) above, any of those conditions;",
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and, in the definition of "relevant operator", for "or person under closure restrictions" substitute ", person under closure restrictions or person who is required to comply with closure conditions or has agreed to comply with conditions under section 37(1), 39(1) or 41(1) above". |
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(4) In sections 37(8)(b), 38(6)(b), 39(9)(b), 40(6)(b), 41(8)(b) and 42(5)(b) of that Act (securing compliance with closure conditions), after "secure" insert "(in accordance with sections 55 to 58 below)". |
Closure of unnecessary track to be minor closure. |
212. In section 39(10) of the Railways Act 1993 (proposals to close part of network used or previously used for or in connection with provision of services for carriage of passengers), in the definition of "minor closure", after paragraph (a) insert- |
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"(aa) any part of a network which consists of a stretch of track, or installations associated with a stretch of track, doing no more than serve a station or light maintenance depot, or some part of it, where the circumstances are such that- |
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(i) that part of the network is not necessary for the use of the station or light maintenance depot, or that part of it, for the purpose of or in connection with the provision of services for the carriage of passengers by railway; or
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(ii) the use of the station or light maintenance depot, or that part of it, has been or is proposed to be subject to termination constituting a minor closure within the meaning of section 41 below; or".
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General determinations of minor closures. |
213. In the Railways Act 1993, after section 46 insert- |
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"General determinations of minor closures. |
46A. - (1) The Authority may make a general determination for the purposes of any or all of sections 37(1), 38(2), 39(1), 40(2), 41(1) and 42(2) above that closures of a particular class or description are minor closures. |
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(2) Where the Authority makes or revokes a general determination under subsection (1) above, it shall- |
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(a) give a copy of the determination or revocation to the Regulator; and |
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(b) publish it in such manner as it considers appropriate. |
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(3) The revocation of a general determination made under subsection (1) above shall not affect any closure if its status as a minor closure by virtue of the general determination has been relied on before the revocation as the ground for not giving a notice or for discontinuing any services or the operation of the whole or part of any network or facility." |
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Operator's duty to continue where closure should be permitted. |
214. - (1) In section 37 of the Railways Act 1993 (closures of non-franchised passenger services)- |
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(a) in subsections (1) and (3)(b), for "will" substitute "proposes to", and |
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(b) in subsection (6), for the words following the paragraphs substitute "and the service operator shall not discontinue the services to which the proposed closure relates before the end of the interim period." |
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(2) In section 39(7) of that Act (closures of operational passenger networks), for the words following the paragraphs substitute "and the operator shall not discontinue the operation of the network, or the part of the network, to which the proposed closure relates before the end of the interim period." |
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(3) In section 41(6) of that Act (closures of railway facilities used in connection with passenger services), for the words following the paragraphs substitute "and the operator shall not terminate the use of the relevant facility, or the part of the relevant facility, to which the proposed closure relates before the end of the interim period." |
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(4) In section 55(10) of that Act (enforcement), in the definition of "relevant condition or requirement", in paragraph (c)(i), for the words after "under" substitute "section 37(1) or (6), 39(1) or (7) or 41(1) or (6) above not to discontinue a railway passenger service or the operation of the whole or part of a network or not to terminate the use of the whole or part of a station or light maintenance depot; and". |