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Railways Bill


Railways Bill
Part 4 — Network modifications etc.

30

 

(8)   

The operator must not discontinue the use of the station, or part of a station,

before the end of the interim period.

(9)   

If—

(a)   

the national authority forms the opinion under subsection (6)(b) that

the closure should not be allowed,

5

(b)   

the national authority changes its opinion following the consultation

under subsection (7)(a), or

(c)   

on a reference to the Office of Rail Regulation under subsection (7)(b),

that Office issues a closure non-ratification notice,

   

the national authority must secure the continued operation of the station, or

10

part of a station, in question after the end of the interim period.

(10)   

In this section “the national authority”—

(a)   

in relation to a proposal relating to a station or part of a station that is

wholly in Scotland, means the Scottish Ministers; and

(b)   

in relation to a station or part of a station that is wholly in England and

15

Wales, means the Secretary of State.

30      

Proposal by funding authority to close station

(1)   

This section applies where—

(a)   

a railway funding authority makes a proposal, in accordance with

section 41, that the operation of a station or of some part of it should be

20

discontinued;

(b)   

the station or, as the case may be, that part of it has at any time within

the preceding five years, been used for or in connection with the

provision of services for the carriage of passengers by railway;

(c)   

the station or that part of it is not secured;

25

(d)   

the station or that part of it is not excluded from the application of this

section by an order under section 38; and

(e)   

the proposal is not a proposal for a minor modification.

(2)   

Use for or in connection with the provision of any of the following services is

to be disregarded for the purposes of subsection (1)(b)—

30

(a)   

an experimental passenger service;

(b)   

a service involving travel through the Channel Tunnel;

(c)   

a service that is provided otherwise than as a regular scheduled service.

(3)   

The railway funding authority making the proposal must—

(a)   

give notice of its proposal to the national authority, if it is not itself that

35

authority;

(b)   

carry out a consultation under Schedule 7 about the proposal; and

(c)   

after carrying out that consultation, either withdraw the proposal or

refer the proposal (with or without modifications) to the Office of Rail

Regulation.

40

(4)   

A notice to the national authority under subsection (3)(a) must set out—

(a)   

particulars of the proposal for the closure including, in particular—

(i)   

the station, or part of a station, to which the proposal relates;

and

(ii)   

the proposal date; and

45

 
 

Railways Bill
Part 4 — Network modifications etc.

31

 

(b)   

a summary of the results of the assessment carried out in accordance

with subsection (5).

(5)   

Before—

(a)   

giving the notice under subsection (3)(a), in a case where it is not itself

the national authority, or

5

(b)   

in any other case, carrying out the consultation under subsection (3)(b),

   

the railway funding authority making the proposal must carry out an

assessment of whether the proposal satisfies the criteria set out in the relevant

part of the closures guidance; and that assessment must be carried out in

accordance with that guidance.

10

(6)   

If arrangements under or in accordance with which the station or part of a

station is being operated do not require it to be operated until the end of the

interim period, the national authority must secure the operation of the station,

or that part of it, until the end of that period.

(7)   

If on a reference under subsection (3)(c) the Office of Rail Regulation issues a

15

closure non-ratification notice, the national authority must secure the

continued operation of the station, or part of a station, in question after the end

of the interim period.

(8)   

In this section “the national authority”—

(a)   

in relation to a proposal relating to a station or part of a station that is

20

wholly in Scotland, means the Scottish Ministers; and

(b)   

in relation to a proposal relating to a station or part of a station that is

wholly in England and Wales, means the Secretary of State.

31      

Proposal to discontinue operation of secured station

(1)   

This section applies where—

25

(a)   

a railway funding authority makes a proposal, in accordance with

section 41, that the operation of a secured station or of a secured part of

a station should be discontinued;

(b)   

the station or, as the case may be, that part of it has, at any time within

the preceding five years, been used for or in connection with the

30

provision of services for the carriage of passengers by railway;

(c)   

the station or that part of it is not excluded from the application of this

section by an order under section 38; and

(d)   

the proposal is not a proposal for a minor modification.

(2)   

Use for or in connection with the provision of any of the following services is

35

to be disregarded for the purposes of subsection (1)(b)—

(a)   

an experimental passenger service;

(b)   

a service involving travel through the Channel Tunnel;

(c)   

a service that is provided otherwise than as a regular scheduled service.

(3)   

The railway funding authority making the proposal must—

40

(a)   

give notice of its proposal to the national authority, if it is not itself that

authority;

(b)   

carry out a consultation under Schedule 7 about the proposal; and

(c)   

after carrying out that consultation, either withdraw the proposal or

refer the proposal (with or without modifications) to the Office of Rail

45

Regulation.

 
 

Railways Bill
Part 4 — Network modifications etc.

32

 

(4)   

A notice to the national authority under subsection (3)(a) must set out—

(a)   

particulars of the proposal for the closure including, in particular—

(i)   

the station, or part of a station, to which the proposal relates;

and

(ii)   

the proposal date; and

5

(b)   

a summary of the results of the assessment carried out in accordance

with subsection (5).

(5)   

Before—

(a)   

giving the notice under subsection (3)(a), in a case where it is not itself

the national authority, or

10

(b)   

in any other case, carrying out the consultation under subsection (3)(b),

   

the railway funding authority making the proposal must carry out an

assessment of whether the proposal satisfies the criteria set out in the relevant

part of the closures guidance; and that assessment must be carried out in

accordance with that guidance.

15

(6)   

If arrangements under or in accordance with which the station, or part of a

station, is being operated do not require it to be operated until the end of the

interim period, the national authority must secure the operation of the station,

or that part of it, until the end of that period.

(7)   

If on a reference under subsection (3)(c) the Office of Rail Regulation issues a

20

closure non-ratification notice, the national authority must secure the

continued operation of the station, or part of a station, in question after the end

of the interim period.

(8)   

The duty of the national authority under subsection (7) is discharged without

its taking further steps so long as the provisions of the arrangements, in force

25

at the time of the proposal, so far as they require the operation of the station or

part of a station, continue in force without modification.

(9)   

In this section “the national authority”—

(a)   

in relation to a proposal relating to a station or part of a station that is

wholly in Scotland, means the Scottish Ministers; and

30

(b)   

in relation to a proposal relating to a station or part of a station that is

wholly in England and Wales, means the Secretary of State.

References to the ORR

32      

References to the ORR

(1)   

This section applies to a reference of a proposal to the Office of Rail Regulation

35

under any provision of this Part.

(2)   

The reference may be made only if the person making it considers that the

proposal, or (as the case may be) the proposal as modified, satisfies the criteria

set out in the relevant part of the closures guidance.

(3)   

The reference must set out particulars of the proposal including, in particular—

40

(a)   

the services or the network or station, or part of a network or station, to

which the proposal relates; and

(b)   

the proposal date.

(4)   

The reference must be accompanied by—

 
 

Railways Bill
Part 4 — Network modifications etc.

33

 

(a)   

a report by the person making the reference on the outcome of the

consultation carried out by that person;

(b)   

a statement by that person whether the proposal that is referred is a

modified proposal;

(c)   

a statement, if it is a modified proposal, setting out what modifications

5

have been made; and

(d)   

a full assessment of whether the proposal, or (as the case may be) the

proposal as modified, satisfies the criteria set out in the relevant part of

the closures guidance.

(5)   

The duty of the Office of Rail Regulation on the reference is—

10

(a)   

to consider whether the person making the reference properly carried

out the consultation he was required to carry out in accordance with

this Part; and

(b)   

unless it is satisfied that—

(i)   

there has been a failure or other defect in the carrying out of the

15

consultation, and

(ii)   

the failure or defect makes it inappropriate for the Office to

make the determination required by this paragraph,

   

to determine whether the proposal, or (as the case may be) the proposal

as modified, satisfies the criteria set out in the relevant part of the

20

closures guidance.

(6)   

The person making the reference must provide the Office of Rail Regulation

with all such information as it may require for the purpose of carrying out its

functions under this section.

(7)   

If the Office of Rail Regulation is satisfied—

25

(a)   

that the proposal, or (as the case may be) the proposal as modified, fails

to satisfy the criteria set out in the relevant part of the closures

guidance, or

(b)   

that there has been a failure or other defect in the carrying out of the

consultation that makes it inappropriate for that Office to make a

30

determination of whether the proposal, or (as the case may be) the

proposal as modified, satisfies those criteria,

   

it must issue a notice to that effect (a “closure non-ratification notice”).

(8)   

If, on completing its functions under subsection (5), the Office of Rail

Regulation is not so satisfied, it must issue a notice to that effect (a “closure

35

ratification notice”).

(9)   

Where, on a reference, the Office of Rail Regulation issues a closure non-

ratification notice or a closure ratification notice it must—

(a)   

give a copy of that notice to every person mentioned in subsection (10);

and

40

(b)   

require every operator of a station in the area affected by the proposal,

or (as the case may be) the proposal as modified, to whom it gives a

copy of the notice to secure that a copy of the notice is published

published by being displayed at that station until the end of the interim

period.

45

(10)   

The persons to whom a copy of the closure ratification notice or closure non-

ratification notice must be given under subsection (9) are—

(a)   

the person who made the reference;

 
 

Railways Bill
Part 4 — Network modifications etc.

34

 

(b)   

every person to whom a notice was required to be sent under

paragraph 3 of Schedule 7 in the consultation relating to the proposal;

(c)   

every person otherwise consulted under that paragraph in that

consultation; and

(d)   

such other persons as the Office of Rail Regulation consider

5

appropriate.

(11)   

In subsection (9) “the area affected”, in relation to a proposal, means—

(a)   

in the case of a proposal for the discontinuance of services on a

particular line or from a particular station, the area in which the line or

station is situated;

10

(b)   

in the case of a proposal relating to a network, or part of a network, the

area in which the network, or part of a network, is situated;

(c)   

in the case of a proposal relating to a station, or part of a station, the area

served by the station, or that part.

(12)   

The issue of a closure ratification notice does not authorise anything which (but

15

for that notice) would constitute a contravention of any franchise agreement or

other arrangements under or in accordance with which—

(a)   

any franchised service or secured service or other railway passenger

service is being provided or is being funded (whether in whole or in

part); or

20

(b)   

any network or station or part of a network or station is being operated

or is being funded (whether in whole or in part);

   

and in the carrying out of any functions conferred on that Office under or in

relation to any such agreement or arrangements that Office may have regard to

the issue of the closure ratification notice but is not required to secure that the

25

closure takes place.

33      

Closure requirements

(1)   

This section applies where, following a reference under this Part, the Office of

Rail Regulation issues a closure ratification notice.

(2)   

The Office of Rail Regulation may, when it issues the closure ratification notice,

30

impose such requirements relevant to the proposal as it considers appropriate

on such one or more of the following as it thinks fit, namely—

(a)   

the Secretary of State;

(b)   

the Scottish Ministers;

(c)   

the National Assembly for Wales;

35

(d)   

a Passenger Transport Authority;

(e)   

a Passenger Transport Executive;

(f)   

the Mayor of London;

(g)   

Transport for London;

(h)   

a person designated as a railway funding authority by an order under

40

section 44(4);

(i)   

a relevant operator.

(3)   

For the purposes of subsection (2), a requirement is relevant to a proposal if it

relates to any matter which fell to be taken into account in making an

assessment whether the proposal or (as the case may be) the proposal as

45

modified satisfied the criteria set out in the relevant part of the closures

guidance.

 
 

Railways Bill
Part 4 — Network modifications etc.

35

 

(4)   

In subsection (2)(i) “relevant operator” means—

(a)   

in the case of a proposal to which section 22 or 25 applies, the service

operator within the meaning of the section in question;

(b)   

in the case of a proposal to which section 26 or 29 applies, the operator

of the network or station, or part of a network or station, in question;

5

and

(c)   

in the case of a proposal to which section 37(2) applies, the person

providing the experimental passenger service in question.

(5)   

A person on whom a requirement is imposed under this section must comply

with it.

10

(6)   

The Office of Rail Regulation may from time to time vary or revoke a

requirement imposed under this section.

(7)   

Before exercising its power under this section to vary or revoke a requirement,

the Office of Rail Regulation must consult such persons as it thinks

appropriate.

15

(8)   

Where the Office of Rail Regulation exercises its power under this section to

impose, vary or revoke a requirement, it must—

(a)   

give notice of that requirement, variation or revocation to every person

to whom a copy of the closure ratification notice relating to the

reference was given under section 32(9); and

20

(b)   

require every operator of a station in the area affected by the

requirement, variation or revocation to whom it gives notice of the

requirement, variation or revocation to secure that a copy of the notice

is published by being displayed at that station—

(i)   

in the case of the imposition of a requirement, until the end of

25

the interim period;

(ii)   

in the case of the variation or revocation of a requirement, for

such period as the Office of Rail Regulation may specify at the

time of giving notice under paragraph (a).

(9)   

In subsection (8) “the area affected”, in relation to a requirement imposed

30

under this section in relation to a closure, means—

(a)   

in the case of a closure consisting in the discontinuance of services on a

particular line, or from a particular station, the area in which the line or

station is situated;

(b)   

in the case of a closure relating to a network, or part of a network, the

35

area in which the network, or part of a network, is situated;

(c)   

in the case of a closure relating to a station, or part of a station, the area

served by the station, or that part;

   

and “the area affected”, in relation to the variation or revocation of such a

requirement, is to be construed accordingly.

40

Excluded proposals

34      

Minor modifications

(1)   

A proposal is a proposal for a minor modification if—

(a)   

it is a proposal for a closure which has been determined under the

following provisions of this section to be a minor modification; or

45

 
 

Railways Bill
Part 4 — Network modifications etc.

36

 

(b)   

it is a proposal for a closure of a description of closures in relation to

which such a determination has been made.

(2)   

It is the Scottish Ministers who may make a determination that a closure is a

minor modification, or that closures of a particular description are minor

modifications, where the only closures to which the determination relates

5

consist in—

(a)   

the discontinuance of one or more Scotland-only services;

(b)   

the discontinuance of one or more cross-border services in relation to

which all the funding is provided by the Scottish Ministers;

(c)   

the discontinuance of two or more services none of which is a service

10

not mentioned in paragraph (a) or (b); or

(d)   

the discontinuance of a network or part of a network that is wholly in

Scotland.

(3)   

It is the Secretary of State who, in any other case, may make a determination

that a closure is a minor modification, or that closures of a particular

15

description are minor modifications.

(4)   

A determination may be made under this section only if the person making it

considers—

(a)   

in the case of a determination relating to a particular closure, that the

closure is eligible under section 35 to be regarded as a minor

20

modification; or

(b)   

in the case of a determination relating to a description of closures, that

all the closures falling within that description are or will be so eligible.

(5)   

A person who makes a determination under this section in relation to a

particular closure for the purposes of section 22, 26 or 29 may make it subject

25

to conditions; and, in such a case, the closure is not to be treated as a minor

modification unless, as the case may be—

(a)   

the person providing the service or services to be discontinued, or

(b)   

the person operating or using the network or station, or the part of a

network or station, in question,

30

   

has agreed to comply with those conditions.

(6)   

The person who makes a determination under this section in relation to a

particular closure must notify the Office of Rail Regulation about that

determination.

(7)   

A determination under this section in relation to a description of closures may

35

be revoked at any time by the person who made it.

(8)   

A person who makes or revokes a determination under this section in relation

to a description of closures must—

(a)   

send a copy of the determination or revocation to the Office of Rail

Regulation; and

40

(b)   

publish it in such manner as he considers appropriate.

(9)   

The revocation of such a determination shall not affect any closure if its status

has been relied on before the revocation as grounds for—

(a)   

a failure to give a notice under this Part; or

(b)   

the carrying out of any closure.

45

(10)   

Any general determination which—

(a)   

has been made under section 46A of the 1993 Act,

 
 

 
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