|
| |
|
(8) | The operator must not discontinue the use of the station, or part of a station, |
| |
before the end of the interim period. |
| |
| |
(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 |
| |
(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 |
| |
(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 |
| |
| 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; |
| |
| |
(ii) | the proposal date; and |
| 45 |
|
| |
|
| |
|
(b) | a summary of the results of the assessment carried out in accordance |
| |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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; |
| |
| |
(ii) | the proposal date; and |
| 5 |
(b) | a summary of the results of the assessment carried out in accordance |
| |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
| |
(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 |
| |
| |
(4) | The reference must be accompanied by— |
| |
|
| |
|
| |
|
(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 |
| |
| |
(c) | a statement, if it is a modified proposal, setting out what modifications |
| 5 |
| |
(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 |
| |
| |
(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 |
| |
| |
(b) | unless it is satisfied that— |
| |
(i) | there has been a failure or other defect in the carrying out of the |
| 15 |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
(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); |
| |
| 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 |
| |
| 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; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(d) | such other persons as the Office of Rail Regulation consider |
| 5 |
| |
(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 |
| |
| 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 |
| |
| 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 |
| |
| |
(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; |
| |
| |
(g) | Transport for London; |
| |
(h) | a person designated as a railway funding authority by an order under |
| 40 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| 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 |
| |
| 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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| 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, |
| |
|
| |
|