Office of Public Sector Information
PART I continued
(4) After section 23 of that Act there shall be inserted—
(1) For the purposes of sections 10, 15 and 20 of this Act—
(a) “light maintenance depot”, “locomotive”, “network”, “railway passenger services”, “rolling stock” and “station” have the meaning given in section 83(1) of the Railways Act 1993; and
(b) “operator” has the meaning given in section 6(2) of that Act.
(2) For the purposes of sections 10(1)(vi), 15(1)(d) and 20(2)(b), (4) and (6) of this Act “wholly-owned subsidiary” has the meaning given by section 736 of the [1985 c. 6.] Companies Act 1985.”.
(5) In section 159(1) of that Act (general interpretation), in the definition of “subsidiary” and “wholly-owned subsidiary”, for the words “subject to section 51(5)” there shall be substituted the words “subject to sections 23A(2) and 51(5)”.
(1) In any case where—
(a) all the railway passenger services on any line or from any station are provided otherwise than in satisfaction of requirements imposed by a franchise agreement and otherwise than on behalf of the Franchising Director, and
(b) the person providing those services (in this section referred to as “the service operator”) proposes to discontinue all such services on that line or from that station (in this section referred to as a closure),
then, unless the closure is certified by the Regulator as being a minor closure, the service operator shall give notice of the proposal to the Franchising Director not less than three months before the date specified pursuant to subsection (3)(b) below as that on which the service operator will cease providing the services (the “service operator’s withdrawal date”) and shall not discontinue those services before that date.
(2) In determining for the purposes of paragraph (a) of subsection (1) above whether all the railway passenger services on a line or from a station are provided as mentioned in that paragraph, there shall be left out of account any services—
(a) which involve travel through the Channel Tunnel;
(b) which are experimental passenger services, within the meaning of section 48 below, or which are provided on an experimental basis, for the purposes of section 56A of the [1962 c. 46.] Transport Act 1962;
(c) which are provided otherwise than as regular scheduled services for that line or for that station, as the case may be; or
(d) which are designated, or which are of a class or description designated, by order under section 49(2) below as services in relation to which this section is not to have effect;
and this section shall not have effect in relation to any services falling within paragraphs (a) to (d) above.
(3) A notice under subsection (1) above shall be accompanied by a statement of—
(a) the service operator’s reasons for the proposal;
(b) the date on which he will cease providing the services in question; and
(c) any alternative transport services which appear to the service operator to be available.
(4) Where notice is given to the Franchising Director under subsection (1) above, he must consider, and form an opinion on, the question whether the proposed closure should or should not be permitted to take effect.
(5) If the Franchising Director is of the opinion that the proposed closure should not be permitted to take effect, he shall be under a duty to secure the provision of the services in question after the service operator’s withdrawal date.
(6) If the Franchising Director is of the opinion that the proposed closure should be permitted to take effect, he shall publish in two successive weeks in a local newspaper circulating in the area affected and in two national newspapers, and in such other manner as appears to him to be appropriate, a notice containing—
(a) particulars of the proposal to effect the closure,
(b) particulars of the date on which it is proposed that the closure will take effect,
(c) particulars of any alternative transport services which appear to him to be available,
(d) the addresses of the premises at which a statement of the reasons for the proposed closure can be inspected, or from which a copy of that statement can be obtained, and any fees payable for copies of the statement,
(e) a statement that objections to the proposed closure may be lodged with the Regulator within such period as may be specified for the purpose in the notice (being not less than six weeks from the date of the last publication of the notice in a local newspaper),
and shall be under a duty during the interim period to secure the provision of the services to which the proposed closure relates.
(7) The reasons contained in the statement referred to in subsection (6)(d) above may consist of or include the reasons included in the statement under subsection (3) above, with or without other reasons of the Franchising Director's.
(8) Without prejudice to the provisions of section 38 below in relation to the services in question—
(a) if the final decision on the closure question is that the proposed closure will not be allowed to take effect, the Franchising Director shall be under a duty to secure the provision of those services after the interim period; and
(b) if the final decision on the closure question is that the proposed closure will be allowed to take effect subject to compliance with conditions, the Franchising Director shall be under a duty to comply with those conditions or to secure that they are complied with.
(9) In this section—
“the area affected” means the area in which is situated the station or, as the case may be, the line mentioned in subsection (1) above;
“the final decision on the closure question” means—
in a case where the decision of the Regulator under section 43(9) below with respect to the proposed closure is not referred to the Secretary of State under section 44 below, that decision; or
in a case where that decision is referred to the Secretary of State under section 44 below, the disposal of that reference by the Secretary of State;
“the interim period” means the period beginning immediately after the service operator’s withdrawal date and ending four weeks after the date of the final decision on the closure question;
“minor closure” means the discontinuance of services on any stretch of line along which there is no station (or no station in use) where the circumstances are, in the opinion of the Regulator, such that—
any trains that would otherwise use that stretch of line in travelling between any two stations will instead pass along an alternative route; and
any passengers travelling on any such trains will not be required to make any additional change of train and will not incur any significant increase in the time which their journey takes.
(10) The railway passenger services which are to be regarded for the purposes of this section as provided on behalf of the Franchising Director are those whose provision he is for the time being under a duty to secure in consequence of—
(a) section 30 above,
(b) subsection (5) or (8)(a) above,
(c) section 38(6)(a) below, or
(d) any closure condition imposed under section 43(9) or 44(2) below.
(11) Any sums received by the Franchising Director under this section shall be paid into the Consolidated Fund.
(1) This section applies in any case where—
(a) any railway passenger services on any line or from any station are provided on behalf of the Franchising Director and he proposes to discontinue those services, or
(b) any railway passenger services on any line or from any station are provided in satisfaction of requirements imposed by a franchise agreement, but—
(i) the person so providing those services intends not to continue to provide them when the requirement so to provide them comes to an end, and
(ii) the Franchising Director proposes that they should then be discontinued;
and any reference in this section to a closure is a reference to a discontinuance falling within paragraph (a) or (b) above.
(2) If in a case to which this section applies—
(a) the closure is certified by the Regulator as being a minor closure,
(b) the closure in question is one in respect of which, in consequence of the application of section 49(6) below, neither section 37 above nor Schedule 5 to this Act is to apply,
(c) the closure is one in respect of which neither of the conditions in subsection (3) below is satisfied, and any requirement imposed by a franchise agreement to provide the services in question has come to an end, or
(d) the services in question fall within any of paragraphs (a) to (c) of subsection (4) below,
the Franchising Director may discontinue the services in question, notwithstanding any duty imposed on him by or under this Part to secure their provision, and subsections (5) and (6) below shall not apply in relation to the closure.
(3) The conditions mentioned in subsection (2)(c) above are—
(a) that all the railway passenger services on the line or from the station in question are provided on behalf of the Franchising Director and he proposes to discontinue all such services on that line or from that station; or
(b) that all the railway passenger services on the line or from the station in question are provided in satisfaction of requirements imposed by a franchise agreement, and—
(i) the person so providing those services intends not to continue providing them when the requirement so to provide them comes to an end, and
(ii) the Franchising Director proposes that all such services on that line or from that station should then be discontinued.
(4) In determining, for the purposes of paragraph (a) or (b) of subsection (3) above, whether all the railway passenger services on a line or from a station are provided as mentioned in that paragraph there shall be left out of account any services—
(a) which involve travel through the Channel Tunnel;
(b) which are provided otherwise than as regular scheduled services for that line or for that station, as the case may be;
(c) which are designated, or which are of a class or description designated, by order under section 49(2) below as services in relation to which section 37 above is not to have effect; or
(d) which are experimental passenger services, within the meaning of section 48 below, or which are provided on an experimental basis, for the purposes of section 56A of the [1962 c. 46.] Transport Act 1962;
and this section shall not have effect in relation to any services falling within paragraph (d) above.
(5) Subject to subsection (2) above, where this section applies, the Franchising Director shall publish in two successive weeks in a local newspaper circulating in the area affected and in two national newspapers, and in such other manner as appears to him to be appropriate, a notice containing—
(a) particulars of the proposal to effect the closure,
(b) the date on which it is proposed that the closure will take effect,
(c) particulars of any alternative transport services which appear to him to be available,
(d) the addresses of the premises at which a statement of the reasons for the proposed closure can be inspected, or from which a copy of that statement can be obtained, and any fees payable for copies of the statement,
(e) a statement that objections to the proposed closure may be lodged with the Regulator within such period as may be specified for the purpose in the notice (being not less than six weeks from the date of the last publication of the notice in a local newspaper),
and shall be under a duty during the interim period to secure the provision of the services to which the proposed closure relates.
(6) Without prejudice to any subsequent application of this section in relation to the services in question—
(a) if the final decision on the closure question is that the proposed closure will not be allowed to take effect, the Franchising Director shall be under a duty to secure the provision of those services after the interim period; and
(b) if the final decision on the closure question is that the proposed closure will be allowed to take effect subject to compliance with conditions, the Franchising Director shall be under a duty to comply with those conditions or to secure that they are complied with.
(7) In this section—
“the area affected” means the area in which is situated the station or, as the case may be, the line mentioned in subsection (1) above;
“the final decision on the closure question” means—
in a case where the decision of the Regulator under section 43(9) below with respect to the proposed closure is not referred to the Secretary of State under section 44 below, that decision; or
in a case where that decision is referred to the Secretary of State under section 44 below, the disposal of that reference by the Secretary of State;
“the interim period” means—
in a case falling within paragraph (a) of subsection (1) above, the period beginning with the date mentioned in subsection (5)(b) above and ending four weeks after the date of the final decision on the closure question; or
in a case falling within paragraph (b) of that subsection, the period beginning immediately after the requirement mentioned in sub-paragraph (i) of that paragraph comes to an end and ending four weeks after the date of the final decision on the closure question;
“minor closure” has the same meaning as it has in section 37 above.
(8) The services which are to be regarded for the purposes of this section as provided on behalf of the Franchising Director are the same services as are to be so regarded for the purposes of section 37 above.
(9) Any sums received by the Franchising Director under this section shall be paid into the Consolidated Fund.
(1) Subject to subsection (2) below, in any case where—
(a) the operator of a network proposes to discontinue the operation of the network or some part of it (in this section referred to as a “closure”),
(b) the network or, as the case may be, the part of the network in question has, at any time within the preceding five years, been used for or in connection with the provision of any services for the carriage of passengers by railway, and
(c) the network or, as the case may be, the part of the network in question is not one which is operated on behalf of the Franchising Director,
then, unless the closure is certified by the Regulator as being a minor closure, the operator shall give notice of the proposal to the Franchising Director not less than three months before the date specified pursuant to subsection (4)(b) below as the date on which it is proposed that the closure should take effect and shall not discontinue the operation of the network or, as the case may be, the part of the network in question before that date.
(2) This section does not apply if and to the extent that the proposal mentioned in subsection (1) above is a proposal to discontinue the operation of part of a multiple track railway between any two places, where the circumstances are such that the railway line in question will continue to be at least a single track railway between those two places.
(3) In determining for the purposes of subsection (1)(b) above whether the network or, as the case may be, the part of the network in question has at any time within the period there mentioned been used for or in connection with the provision of services for the carriage of passengers by railway, there shall be left out of account any use for or in connection with the provision of services—
(a) which involve travel through the Channel Tunnel;
(b) which are experimental passenger services, within the meaning of section 48 below, or which are provided on an experimental basis, for the purposes of section 56A of the [1962 c. 46.] Transport Act 1962; or
(c) which are provided otherwise than as regular scheduled services on that network or, as the case may be, the part of the network in question;
and this section shall not have effect in relation to any networks which are designated, or which are of a class or description designated, by order under section 49(4) below as networks in relation to which this section is not to have effect.
(4) A notice under subsection (1) above shall be accompanied by a statement of—
(a) the operator’s reasons for the proposal;
(b) the date on which it is proposed that the closure will take effect; and
(c) any alternative transport services which appear to him to be available.
(5) Where notice is given to the Franchising Director under subsection (1) above, he must consider, and form an opinion on, the question whether the proposed closure should or should not be permitted to take effect.
(6) If the Franchising Director is of the opinion that the proposed closure should not be permitted to take effect, he shall be under a duty to secure the continued operation of the network or, as the case may be, the part of the network in question after the date on which the operator proposes that the closure should take effect.
(7) If the Franchising Director is of the opinion that the proposed closure should be permitted to take effect, he shall publish in two successive weeks in a local newspaper circulating in the area affected and in two national newspapers, and in such other manner as appears to him to be appropriate, a notice containing—
(a) particulars of the proposal to effect the closure,
(b) the date on which it is proposed that the closure will take effect,
(c) particulars of any alternative transport services which appear to him to be available,
(d) the addresses of the premises at which a statement of the reasons for the proposed closure can be inspected, or from which a copy of that statement can be obtained, and any fees payable for copies of the statement,
(e) a statement that objections to the proposed closure may be lodged with the Regulator within such period as may be specified for the purpose in the notice (being not less than six weeks from the date of the last publication of the notice in a local newspaper),
and shall be under a duty during the interim period to secure the operation of the network or, as the case may be, the part of the network to which the proposed closure relates.
(8) The reasons contained in the statement referred to in subsection (7)(d) above may consist of or include the reasons included in the statement under subsection (4) above, with or without other reasons of the Franchising Director's.
(9) Without prejudice to the provisions of section 40 below in relation to the network or the part of the network in question—
(a) if the final decision on the closure question is that the proposed closure will not be allowed to take effect, the Franchising Director shall be under a duty to secure the operation of the network or, as the case may be, the part of the network after the interim period; and
(b) if the final decision on the closure question is that the proposed closure will be allowed to take effect subject to compliance with conditions, the Franchising Director shall be under a duty to comply with those conditions or to secure that they are complied with.
(10) In this section—
“the area affected” means the area in which is situated the network or, as the case may be, the part of the network in question;
“the final decision on the closure question” means—
in a case where the decision of the Regulator under section 43(9) below with respect to the proposed closure is not referred to the Secretary of State under section 44 below, that decision; or
in a case where that decision is referred to the Secretary of State under section 44 below, the disposal of that reference by the Secretary of State;
“the interim period” means the period beginning with the date mentioned in subsection (7)(b) above and ending four weeks after the date of the final decision on the closure question;
“minor closure” means discontinuance of the operation of—
any part of a network which consists of a stretch of track, or installations associated with a stretch of track, along which there is no station (or no station in use) where the circumstances are, in the opinion of the Regulator, such that—
any trains that would otherwise use that part of the network in travelling between any two stations will instead pass along an alternative route; and
any passengers travelling on any such trains will not be required to make any additional change of train and will not incur any significant increase in the time which their journey takes; or
any part of a network (other than track) which, in the opinion of the Regulator, is not necessary for the use of the network for or in connection with the provision of services for the carriage of passengers by railway;
“multiple track railway” means a railway line between any two places which consists of two or more continuous sets of track taking the same route between those two places;
“single track railway” means a railway line between any two places which consists of one continuous set of track between the two places.
(11) The networks, and the parts of networks, which are to be regarded for the purposes of this section as operated on behalf of the Franchising Director are those whose operation he is for the time being under a duty to secure, in consequence of—
(a) subsection (6) or (9)(a) above,
(b) section 40(6)(a) below, or
(c) any closure condition imposed under section 43(9) or 44(2) below,
and those whose operation he is for the time being securing in pursuance of his power under section 30 above.
(12) Any sums received by the Franchising Director under this section shall be paid into the Consolidated Fund.
(1) This section applies in any case where—
(a) a network or a part of a network is operated on behalf of the Franchising Director; and
(b) the Franchising Director proposes to discontinue the operation of the network or, as the case may be, the part of the network in question (in this section referred to as a “closure”).
(2) If in a case where this section applies—
(a) the closure is certified by the Regulator as being a minor closure,
(b) the closure is one to which subsection (3) below applies,
(c) the network or, as the case may be, the part of the network in question has at no time within the preceding five years been used for or in connection with the provision of any services for the carriage of passengers by railway, or
(d) the network in question is one of those which are designated, or which are of a class or description designated, by order under section 49(4) below as networks in relation to which section 39 above is not to have effect,
the Franchising Director may discontinue the operation of the network or, as the case may be, the part of the network in question, notwithstanding any duty imposed upon him by or under this Part to secure its operation, and subsections (5) and (6) below shall not apply in relation to the closure.
(3) This subsection applies to a closure if and to the extent that it is the closure of part of a multiple track railway running between any two places, where the circumstances are such that the railway line in question will continue to be at least a single track railway between those two places.
(4) In determining for the purposes of subsection (2)(c) above whether the network or, as the case may be, the part of the network in question has at any time within the period there mentioned been used for or in connection with the provision of services for the carriage of passengers by railway, there shall be left out of account any use for or in connection with the provision of services—
(a) which involve travel through the Channel Tunnel;
(b) which are experimental passenger services, within the meaning of section 48 below, or which are provided on an experimental basis, for the purposes of section 56A of the [1962 c. 46.] Transport Act 1962; or
(c) which are provided otherwise than as regular scheduled services on that network or, as the case may be, the part of the network in question.
(5) Subject to subsection (2) above, where this section applies, the Franchising Director shall publish in two successive weeks in a local newspaper circulating in the area affected and in two national newspapers, and in such other manner as appears to him to be appropriate, a notice containing—
(a) particulars of the proposal to effect the closure,
(b) the date on which it is proposed that the closure will take effect,
(c) particulars of any alternative transport services which appear to him to be available,
(d) the addresses of the premises at which a statement of the reasons for the proposed closure can be inspected, or from which a copy of that statement can be obtained, and any fees payable for copies of the statement,
(e) a statement that objections to the proposed closure may be lodged with the Regulator within such period as may be specified for the purpose in the notice (being not less than six weeks from the date of the last publication of the notice in a local newspaper),
and shall be under a duty during the interim period to secure the operation of the network or, as the case may be, the part of the network to which the proposed closure relates.
(6) Subject to subsection (2) above and without prejudice to any subsequent application of this section in relation to the network or the part of the network in question—
(a) if the final decision on the closure question is that the proposed closure will not be allowed to take effect, the Franchising Director shall be under a duty to secure the operation of the network or, as the case may be, the part of the network after the interim period; and
(b) if the final decision on the closure question is that the proposed closure will be allowed to take effect subject to compliance with conditions, the Franchising Director shall be under a duty to comply with those conditions or to secure that they are complied with.
(7) In this section—
“the area affected” means the area in which is situated the network or, as the case may be, the part of the network in question;
“the final decision on the closure question” means—
in a case where the decision of the Regulator under section 43(9) below with respect to the proposed closure is not referred to the Secretary of State under section 44 below, that decision; or
in a case where that decision is referred to the Secretary of State under section 44 below, the disposal of that reference by the Secretary of State;
“the interim period” means the period beginning with the date mentioned in subsection (5)(b) above and ending four weeks after the date of the final decision on the closure question;
“minor closure”, “multiple track railway” and “single track railway” have the same meaning as they have in section 39 above.
(8) The networks and parts of networks that are to be regarded for the purposes of this section as operated on behalf of the Franchising Director are the same networks and parts of networks as are to be so regarded for the purposes of section 39 above.
(9) Any sums received by the Franchising Director under this section shall be paid into the Consolidated Fund.
(1) In any case where—
(a) the operator of a station or light maintenance depot (“the relevant facility”) proposes to terminate the use of that station or light maintenance depot, or some part of it, as such (in this section referred to as a “closure”),
(b) the relevant facility or, as the case may be, the part of the relevant facility in question has, at any time within the preceding five years, been used in connection with the provision of any services for the carriage of passengers by railway, and
(c) the relevant facility or, as the case may be, the part of the relevant facility in question is not one which is operated on behalf of the Franchising Director,
then, unless the closure is certified by the Regulator as being a minor closure, the operator shall give notice of the proposal to the Franchising Director not less than three months before the date specified pursuant to subsection (3)(b) below as the date on which it is proposed that the closure should take effect and shall not terminate the use of the relevant facility or, as the case may be, the part of the relevant facility in question before that date.
(2) In determining for the purposes of subsection (1)(b) above whether the relevant facility or, as the case may be, the part of the relevant facility in question has at any time within the period there mentioned been used in connection with the provision of services for the carriage of passengers by railway, there shall be left out of account any use in connection with the provision of services—
(a) which involve travel through the Channel Tunnel;
(b) which are experimental passenger services, within the meaning of section 48 below, or which are provided on an experimental basis, for the purposes of section 56A of the [1962 c. 46.] Transport Act 1962; or
(c) which are provided otherwise than as regular scheduled services;
and this section shall not have effect in relation to any stations or light maintenance depots which are designated, or which are of a class or description designated, by order under section 49(5) below as stations or light maintenance depots in relation to which this section is not to have effect.
(3) A notice under subsection (1) above shall be accompanied by a statement of—
(a) the operator’s reasons for the proposal;
(b) the date on which it is proposed that the closure will take effect; and
(c) any alternative facilities which appear to the operator to be available for the provision of services corresponding to those provided by means of the relevant facility or, as the case may be, the part of the relevant facility in question.
(4) Where notice is given to the Franchising Director under subsection (1) above, he must consider, and form an opinion on, the question whether the proposed closure should or should not be permitted to take effect.
(5) If the Franchising Director is of the opinion that the proposed closure should not be permitted to take effect, he shall be under a duty to secure the continued operation of the relevant facility or, as the case may be, the part of the relevant facility in question after the date on which the operator proposes that the closure should take effect.
(6) If the Franchising Director is of the opinion that the proposed closure should be permitted to take effect, he shall publish in two successive weeks in a local newspaper circulating in the area affected and in two national newspapers, and in such other manner as appears to him to be appropriate, a notice containing—
(a) particulars of the proposal to effect the closure,
(b) the date on which it is proposed that the closure will take effect,
(c) particulars of any alternative facilities which appear to him to be available for the provision of services corresponding to those provided by means of the relevant facility or, as the case may be, the part of the relevant facility in question,
(d) the addresses of the premises at which a statement of the reasons for the proposed closure can be inspected, or from which a copy of that statement can be obtained, and any fees payable for copies of the statement,
(e) a statement that objections to the proposed closure may be lodged with the Regulator within such period as may be specified for the purpose in the notice (being not less than six weeks from the date of the last publication of the notice in a local newspaper),
and shall be under a duty during the interim period to secure the operation of the relevant facility or, as the case may be, the part of the relevant facility to which the proposed closure relates.
(7) The reasons contained in the statement referred to in subsection (6)(d) above may consist of or include the reasons included in the statement under subsection (3) above, with or without other reasons of the Franchising Director's.
(8) Without prejudice to the provisions of section 42 below in relation to the relevant facility or the part of the relevant facility in question—
(a) if the final decision on the closure question is that the proposed closure will not be allowed to take effect, the Franchising Director shall be under a duty to secure the operation of the relevant facility or, as the case may be, the part of the relevant facility after the interim period; and
(b) if the final decision on the closure question is that the proposed closure will be allowed to take effect subject to compliance with conditions, the Franchising Director shall be under a duty to comply with those conditions or to secure that they are complied with.
(9) In this section—
“the area affected”—
in a case where the relevant facility is a station, means the area served by the station; and
in a case where the relevant facility is a light maintenance depot, means the area in which the light maintenance depot is situated;
“the final decision on the closure question” means—
in a case where the decision of the Regulator under section 43(9) below with respect to the proposed closure is not referred to the Secretary of State under section 44 below, that decision; or
in a case where that decision is referred to the Secretary of State under section 44 below, the disposal of that reference by the Secretary of State;
“the interim period” means the period beginning with the date mentioned in subsection (6)(b) above and ending four weeks after the date of the final decision on the closure question;
“minor closure”—
in relation to a station, means discontinuance of the operation of a part of the station which, in the opinion of the Regulator, is not necessary for the use of the station for the purpose of, or in connection with, the provision of services for the carriage of passengers by railway; and
in relation to a light maintenance depot, means any such discontinuance as would not, in the opinion of the Regulator, jeopardise the provision of any services for the carriage of passengers by railway.
(10) The stations and light maintenance depots, and the parts of stations or light maintenance depots, which are to be regarded for the purposes of this section as operated on behalf of the Franchising Director are those whose operation he is for the time being under a duty to secure, in consequence of—
(a) subsection (5) or (8)(a) above,
(b) section 42(5)(a) below, or
(c) any closure condition imposed under section 43(9) or 44(2) below,
and those whose operation he is for the time being securing in pursuance of his power under section 30 above.
(11) Any sums received by the Franchising Director under this section shall be paid into the Consolidated Fund.
Railways Act 1993