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17 | Membership of Transport for London |
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(1) | Paragraph 2 of Schedule 10 to the Greater London Authority Act 1999 (c. 29) |
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(membership of Transport for London) is amended as follows. |
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(2) | After sub-paragraph (2) insert— |
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“(2A) | The Mayor must exercise his powers under this paragraph so as to |
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secure that at least two members of Transport for London are able to |
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represent the interests of the persons living, working and studying in |
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areas outside Greater London that are served by railway passenger |
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services in respect of which Transport for London carries out |
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functions, or is likely to do so.” |
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(3) | After sub-paragraph (3) insert— |
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“(3A) | Before making an appointment for the purposes of sub-paragraph |
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(2A) above, the Mayor must consult the regional planning body for |
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each of the regions where the areas served by the services mentioned |
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in that sub-paragraph are situated.” |
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(4) | After sub-paragraph (5) insert— |
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“(5A) | Notwithstanding sub-paragraphs (4) and (5)— |
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(a) | a person who is a member of a principal council may be |
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appointed to be, and remain, a member of Transport for |
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London if his appointment is one in performance of the |
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Mayor’s duty under paragraph (2A); but |
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(b) | no more than two such persons may be members of |
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Transport for London at the same time.” |
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(5) | After sub-paragraph (7) insert— |
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‘railway passenger service’ has the same meaning as in Part 1 of |
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the Railways Act 1993; and |
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‘regional planning body’ and ‘region’ have the same meanings |
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as in Part 1 of the Planning and Compulsory Purchase Act |
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(6) | It shall be the duty of the Mayor of London, within the period of six months |
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beginning with the commencement of subsection (2)— |
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(a) | to review the existing membership of Transport for London; and |
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(b) | to decide whether it is necessary for the purposes of the sub-paragraph |
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inserted by that subsection for him to exercise any of his powers under |
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paragraph 2 of Schedule 10 to the Greater London Authority Act 1999. |
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(7) | Before making that decision the Mayor must consult the same regional |
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planning bodies (within the meaning of that paragraph) as he is required to |
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consult before making an appointment for the purposes of that sub-paragraph. |
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Provision of service by provider of last resort |
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18 | Qualification of duty in respect of services funded by others |
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(1) | In subsection (3) of section 30 of the 1993 Act (restrictions on duty to provide |
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service as provider of last resort) after paragraph (a) insert— |
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“(aa) | require the relevant franchising authority to provide or secure |
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the provision of a Welsh service where it appears to the |
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authority that it will not be receiving funds from the National |
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Assembly for Wales that are reasonably equivalent to those |
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provided by that Assembly (whether directly to the previous |
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franchisee or otherwise) in respect of the service provided by |
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(ab) | require the Secretary of State to provide or secure the provision |
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of a service within the area of a Passenger Transport Executive |
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where it appears to him that he will not be receiving funds from |
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the Executive that are reasonably equivalent to those provided |
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by that Executive (whether directly to the previous franchisee |
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or otherwise) in respect of the service provided by the previous |
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(ac) | require the Secretary of State to provide or secure the provision |
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of a service that makes scheduled calls in Greater London where |
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it appears to him that he will not be receiving funds from |
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Transport for London that are reasonably equivalent to those |
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that were provided by Transport for London (whether directly |
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to the previous franchisee or otherwise) in respect of the service |
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provided by the previous franchisee;”. |
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(2) | In that section, at the end, insert— |
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‘previous franchisee’, in relation to a railway passenger service, |
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means the franchisee in relation to the franchise agreement |
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under which the service was previously provided; and |
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‘Welsh service’ has the same meaning as in the Railways Act 2005; |
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| and references in this section to a Passenger Transport Executive and to |
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a service within the area of a Passenger Transport Executive are to be |
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construed as they are to be construed for the purposes of section 13 of |
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Rail Passengers’ Council and Rail Passengers’ Committees |
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19 | The Rail Passengers’ Council |
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(1) | There shall be a body corporate to be known as the Rail Passengers’ Council. |
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(2) | That Council shall consist of— |
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(a) | a chairman appointed by the Secretary of State; |
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(b) | a member appointed by the Scottish Ministers; |
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(c) | a member appointed by the National Assembly for Wales; |
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(d) | a member appointed by the London Assembly from the members of the |
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London Transport Users’ Committee; and |
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(e) | not more than twelve other members appointed by the Secretary of |
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State after consultation with the chairman. |
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(3) | The chairman and other members of that Council— |
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(a) | shall each hold and vacate office in accordance with the terms and |
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conditions of his appointment; and |
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(b) | on ceasing to hold office, shall be eligible for re-appointment. |
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(4) | The consent of the Secretary of State is required for the terms and conditions of |
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an appointment under subsection (2)(b) or (c). |
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(5) | The London Assembly must consult the Secretary of State before fixing the |
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terms and conditions of an appointment under subsection (2)(d). |
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(6) | On the day appointed for the commencement of this subsection the council |
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known as the Rail Passengers’ Council that was established by section 3(2) of |
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the 1993 Act shall cease to exist. |
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(7) | References in enactments, instruments and other documents to the Rail |
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Passengers’ Council established by section 3(2) of the 1993 Act shall have effect |
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from the commencement of this subsection as references to the Council |
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established by subsection (1). |
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(8) | If the Secretary of State considers it appropriate to do so in connection with or |
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in anticipation of the establishment of the Rail Passengers’ Council by |
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subsection (1), he may terminate the appointment of any person as chairman |
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or member of the Council established by section 3(2) of the 1993 Act. |
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(9) | If a person’s appointment is terminated under subsection (8) before his term of |
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office would have expired apart from this Act, the Secretary of State may, if he |
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thinks it appropriate to do so, pay that person such sum by way of |
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compensation as the Secretary of State determines. |
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(10) | Schedule 5 (which makes provision about the Council established by |
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subsection (1)) has effect. |
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20 | Delegation of functions by Council |
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After section 76 of the 1993 Act (functions of Rail Passengers’ Council)— |
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“76A | Delegation of duties under section 76(7A) |
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(1) | The Rail Passengers’ Council and any other public body may enter into |
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an agreement for that other body to be responsible, in accordance with |
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(a) | determining what is expedient for the purposes of subsection |
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(7A) of section 76 above in relation to an area specified in the |
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(b) | otherwise performing that Council’s duties under that |
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subsection in relation to that area. |
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(2) | So long as an agreement under this section is in force— |
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(a) | the duties of the Rail Passengers’ Council under subsection (7A) |
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of section 76 above shall be deemed, in relation to the area |
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specified in the agreement, to fall on the other party to it, instead |
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(b) | that Council is not to be prevented from doing anything |
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mentioned in that subsection in relation to that area. |
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(3) | An agreement under this section— |
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(a) | may be entered into on such terms and conditions as the parties |
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(b) | may contain provision for determining for the purposes of this |
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section in what circumstances things done under or for the |
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purposes of section 76(7A) are to be treated as done in relation |
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to the area specified in the agreement. |
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(4) | The consent of the Secretary of State is required before the Rail |
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Passengers’ Council and another public body may enter into an |
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agreement under this section. |
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(5) | In this section ‘public body’ means any authority or other body on |
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which functions are conferred by or under an enactment. |
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(6) | In subsection (5) ‘enactment’ includes an enactment comprised in an |
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Act of the Scottish Parliament.” |
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21 | Rail Passengers’ Committees |
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(1) | On the day appointed for the commencement of this subsection the Rail |
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Passengers’ Committees established under section 2(2) of the 1993 Act shall |
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(2) | In section 68(2) of the 1993 Act (power of ORR to require Rail Passengers’ |
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Committee to investigate a matter), for “a Rail Passengers’ Committee” |
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substitute “the Rail Passengers’ Council”. |
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(3) | Schedule 6 (which provides for the London Transport Users’ Committee to |
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continue to have functions it previously had by virtue of being treated as a Rail |
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Passengers’ Committee) has effect. |
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(4) | If the Secretary of State considers it appropriate to do so in connection with or |
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in anticipation of the abolition of a Rail Passengers’ Committee, he may |
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terminate the appointment of any person as chairman or member of the |
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(5) | If a person’s appointment is terminated under subsection (4) before his term of |
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office would have expired apart from this Act, the Secretary of State may, if he |
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thinks it appropriate to do so, pay that person such sum by way of |
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compensation as the Secretary of State determines. |
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Network modifications etc. |
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Discontinuance of railway passenger services |
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22 | Proposal by service operator to discontinue non-franchised services |
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(1) | This section applies where— |
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(a) | all the relevant railway passenger services on a particular line or from |
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a particular station are provided otherwise than in satisfaction of |
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requirements imposed by a franchise agreement; |
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(b) | a proposal for the discontinuance of all the relevant railway passenger |
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services provided on that line, or from that station, is made by the |
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person providing them (“the service operator”); and |
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(c) | the proposal is not a proposal for a minor modification. |
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(2) | The references in subsection (1) to relevant railway passenger services are |
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references to railway passenger services that are not— |
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(b) | experimental passenger services; |
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(c) | services involving travel through the Channel Tunnel; |
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(d) | services that are provided otherwise than as regular scheduled services |
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for the line or station in question; or |
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(e) | services excluded from the application of this section by an order under |
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(3) | The service operator must give notice to the national authority setting out— |
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(a) | particulars of the proposal to discontinue those services; and |
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(b) | a summary of the results of the assessment carried out in accordance |
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(4) | The particulars set out in the notice must include, in particular— |
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(a) | the services to which the proposal relates; and |
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| and the proposal date must be a date not less than three months after the date |
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(5) | Before giving the notice under subsection (3), the service operator must carry |
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out an assessment of whether the proposal satisfies the criteria set out in the |
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relevant part of the closures guidance; and that assessment must be carried out |
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in accordance with that guidance. |
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(6) | The national authority to which a notice is given under subsection (3) must— |
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(a) | consider whether the closure in question should be allowed; and |
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(b) | before the proposal date, form an opinion on that matter in accordance |
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with the criteria set out in the relevant part of the closures guidance. |
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(7) | If the national authority forms the opinion that the closure should be allowed, |
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(a) | carry out a consultation under Schedule 7 about the proposal; and |
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(b) | after carrying out that consultation, either notify the service operator |
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that it has changed its opinion or refer the proposal (with or without |
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modifications) to the Office of Rail Regulation. |
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(8) | The service operator must not discontinue the services in question before the |
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end of the interim period. |
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(a) | the national authority forms the opinion under subsection (6)(b) that |
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the closure should not be allowed, |
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(b) | the national authority changes its opinion following the consultation |
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under subsection (7)(a), or |
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(c) | on a reference to the Office of Rail Regulation under subsection (7)(b), |
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that Office issues a closure non-ratification notice, |
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| the national authority must secure the provision of the services to which |
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proposal relates after the end of the interim period. |
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(10) | The duty imposed by subsection (9) in relation to any services ceases if the |
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services begin to be provided under a franchise agreement. |
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(11) | In this section “the national authority”— |
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(a) | in relation to a proposal relating to services all of which are Scotland- |
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only services, means the Scottish Ministers; and |
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(b) | in any other case, means the Secretary of State. |
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23 | Proposal by funding authority to discontinue non-franchised services |
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(1) | This section applies where— |
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(a) | all the relevant railway passenger services on a particular line or from |
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a particular station are provided otherwise than in satisfaction of |
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requirements imposed by a franchise agreement; |
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(b) | a proposal for the discontinuance of all the relevant railway passenger |
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services provided on that line, or from that station, is made, in |
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accordance with section 41, by a railway funding authority; and |
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(c) | the proposal is not a proposal for a minor modification. |
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(2) | The references in subsection (1) to relevant railway passenger services are |
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references to railway passenger services that are not— |
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(b) | experimental passenger services; |
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(c) | services involving travel through the Channel Tunnel; |
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(d) | services that are provided otherwise than as regular scheduled services |
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for the line or station in question; or |
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(e) | services excluded from the application of this section by an order under |
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(3) | The railway funding authority making the proposal must— |
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(a) | give notice of its proposal to the national authority, if it is not itself that |
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(b) | carry out a consultation under Schedule 7 about the proposal; and |
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(c) | after carrying out that consultation, either withdraw the proposal or |
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refer the proposal (with or without modifications) to the Office of Rail |
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(4) | A notice to the national authority under subsection (3)(a) must set out— |
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(a) | particulars of the proposal for the closure including, in particular— |
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(i) | the services to which the proposal relates; and |
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(ii) | the proposal date; and |
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(b) | a summary of the results of the assessment carried out in accordance |
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(a) | giving a notice under subsection (3)(a), in a case where it is not itself the |
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(b) | in any other case, carrying out the consultation under subsection (3)(b), |
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| the railway funding authority making the proposal must carry out an |
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assessment of whether the proposal satisfies the criteria set out in the relevant |
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part of the closures guidance; and that assessment must be carried out in |
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accordance with that guidance. |
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(6) | If arrangements under or in accordance with which the services are being |
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provided do not require the services to be provided until the end of the interim |
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period, the national authority must secure the provision of the services until |
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(7) | If on a reference under subsection (3)(c) the Office of Rail Regulation issues a |
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closure non-ratification notice, the national authority must secure the |
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provision of the services to which the proposal relates after the end of the |
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(8) | The duty imposed by subsection (7) in relation to any services ceases if the |
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services begin to be provided under a franchise agreement. |
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(9) | In this section “the national authority”— |
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(a) | in relation to a proposal relating to services all of which are Scotland- |
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only services, means the Scottish Ministers; and |
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(b) | in any other case, means the Secretary of State. |
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24 | Proposals to discontinue franchised or secured services |
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(1) | This section applies where— |
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(a) | all the relevant railway passenger services on a particular line or from |
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a particular station fall within subsection (2); |
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(b) | a proposal for the discontinuance of all the relevant railway passenger |
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services provided on that line, or from that station, is made, in |
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accordance with section 41, by a railway funding authority; and |
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(c) | the proposal is not a proposal for a minor modification. |
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(2) | A service falls within this subsection if it is— |
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(a) | a franchised service; or |
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(3) | The references in subsection (1) to relevant railway passenger services are |
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references to railway passenger services that are not— |
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(a) | experimental passenger services; |
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(b) | services involving travel through the Channel Tunnel; |
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(c) | services that are provided otherwise than as regular scheduled services |
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for the line or station in question; or |
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(d) | services excluded from the application of this section by an order under |
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(4) | The railway funding authority making the proposal must— |
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(a) | give notice of its proposal to the national authority, if it is not itself that |
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(b) | carry out a consultation under Schedule 7 about the proposal; and |
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(c) | after carrying out that consultation, either withdraw the proposal or |
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refer the proposal (with or without modifications) to the Office of Rail |
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(5) | A notice to the national authority under subsection (4)(a) must set out— |
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(a) | particulars of the proposal for the closure including, in particular— |
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(i) | the services to which the proposal relates; and |
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(ii) | the proposal date; and |
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(b) | a summary of the results of the assessment carried out in accordance |
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(a) | giving a notice under subsection (4)(b), in a case where it is not itself the |
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