Railways Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Railways Bill

Railways Bill
Part 4 — Network modifications etc.
30


and the proposal date must be a date not less than three months after the date
of the notice.
(5)
Before giving the notice under subsection (3), the operator 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
5
accordance with that guidance.
(6)
The national authority to which a notice is given under subsection (3) must—
(a)
consider whether the closure in question should be allowed; and
(b)
before the proposal date, form an opinion on that matter in accordance
with the criteria set out in the relevant part of the closures guidance.
10
(7)
If the national authority forms the opinion that the closure should be allowed,
it must—
(a)
carry out a consultation under Schedule 7 about the proposal; and
(b)
after carrying out that consultation, either notify the operator that it has
changed its opinion or refer the proposal (with or without
15
modifications) to the Office of Rail Regulation.
(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
20
the closure should not be allowed,
(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,
25

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.
(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
30
(b)
in relation to a station or part of a station that is wholly in England and
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
35
section 41, that the operation of a station or of some part of it 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
provision of services for the carriage of passengers by railway;
40
(c)
the station or that part of it is not secured;
(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
45
to be disregarded for the purposes of subsection (1)(b)—

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(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
5
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.
10
(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
15
(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
20
(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.
25
(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
30
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
35
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—
40
(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
45
provision of services for the carriage of passengers by railway;

Railways Bill
Part 4 — Network modifications etc.
32

(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
to be disregarded for the purposes of subsection (1)(b)—
5
(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
10
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.
15
(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
20
(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
25
(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.
30
(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
35
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
40
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
45
(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.

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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
under any provision of this Part.
(2)
The reference may be made only if the person making it considers that the
5
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—
(a)
the services or the network or station, or part of a network or station, to
which the proposal relates; and
10
(b)
the proposal date.
(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 as to whether the proposal that is referred is
15
a modified proposal;
(c)
a statement, if it is a modified proposal, setting out what modifications
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
20
the closures guidance.
(5)
The duty of the Office of Rail Regulation on the reference is—
(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
25
(b)
unless it is satisfied that—
(i)
there has been a failure or other defect in the carrying out of the
consultation, and
(ii)
the failure or defect makes it inappropriate for the Office to
make the determination required by this paragraph,
30

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
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
35
functions under this section.
(7)
If the Office of Rail Regulation is satisfied—
(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
40
(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
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”).
45

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Part 4 — Network modifications etc.
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(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
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—
5
(a)
give a copy of that notice to every person mentioned in subsection (10);
and
(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 by
10
being displayed at that station until the end of the interim period.
(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
15
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
appropriate.
20
(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;
(b)
in the case of a proposal relating to a network, or part of a network, the
25
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
for that notice) would constitute a contravention of any franchise agreement or
30
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
(b)
any network or station or part of a network or station is being operated
35
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
closure takes place.
40
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,
impose such requirements relevant to the proposal as it considers appropriate
45
on such one or more of the following as it thinks fit, namely—
(a)
the Secretary of State;

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(b)
the Scottish Ministers;
(c)
the National Assembly for Wales;
(d)
a Passenger Transport Authority;
(e)
a Passenger Transport Executive;
(f)
the Mayor of London;
5
(g)
Transport for London;
(h)
a person designated as a railway funding authority by an order under
section 44(4);
(i)
a relevant operator.
(3)
For the purposes of subsection (2), a requirement is relevant to a proposal if it
10
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
modified satisfied the criteria set out in the relevant part of the closures
guidance.
(4)
In subsection (2)(i) “relevant operator” means—
15
(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;
and
20
(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.
(6)
The Office of Rail Regulation may from time to time vary or revoke a
25
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.
(8)
Where the Office of Rail Regulation exercises its power under this section to
30
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
(b)
require every operator of a station in the area affected by the
35
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
the interim period;
40
(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
under this section in relation to a closure, means—
45
(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;

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(b)
in the case of a closure 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 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
5
requirement, is to be construed accordingly.
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
10
following provisions of this section to be a minor modification; or
(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
15
modifications, where the only closures to which the determination relates
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 no funding is provided by a railway funding authority other
20
than the Scottish Ministers;
(c)
the discontinuance of two or more services none of which is a service
not mentioned in paragraph (a) or (b);
(d)
the discontinuance of a network or part of a network that is wholly in
Scotland; or
25
(e)
the discontinuance of a station or part of a station 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
description are minor modifications.
30
(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
modification; or
35
(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
to conditions; and, in such a case, the closure is not to be treated as a minor
40
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,

has agreed to comply with those conditions.
45