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Railways Act 1993

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Commencement Orders bringing legislation that affects this Act into force:

F1 Directions to provide, improve or develop railway facilitiesE+W+S

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Amendments (Textual)

F1S. 16A cross-heading inserted (15.10.2005) by 2000 c. 38, ss. 223, 275; S.I. 2005/2862, art. 3

F216A Provision, improvement and development of railway facilities.E+W+S

(1)[F3the Office of Rail Regulation] may, on an application—

(a)made by the [F4appropriate facilities authority] , or

(b)made by any other person with the consent of the [F4appropriate facilities authority] ,

give to the operator of a network, station or light maintenance depot a direction to provide a new railway facility if [F3the Office of Rail Regulation] considers him to be an appropriate person to provide the new railway facility.

(2)[F3the Office of Rail Regulation] may, on an application—

(a)made by the [F4appropriate facilities authority] , or

(b)made by any other person with the consent of the [F4appropriate facilities authority] ,

give to a person who has an estate or interest in, or right over, an existing railway facility a direction to improve or develop the railway facility if [F3the Office of Rail Regulation] considers him to be an appropriate person to improve or develop the railway facility.

(3)The [F5consent of the appropriate facilities authority] to the making by any other person of an application under subsection (1) or (2) above may be given subject to compliance with conditions (and may be withdrawn if any condition is not complied with before [F3the Office of Rail Regulation] decides whether to give the direction).

[F6(3A)In this section and sections 16B to 16G below `the appropriate facilities authority'—

(a)in relation to facilities in Scotland, means the Scottish Ministers; and

(b)in relation to any other facilities, means the Secretary of State.]

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Amendments (Textual)

F2S. 16A inserted (15.10.2005) by 2000 c. 38, ss. 223, 275(1); S.I. 2005/2862, art. 3

F3S. 16A: words in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F716B Exemption of railway facilities from section 16A.E+W+S

(1)The [F8appropriate facilities authority] may, after consultation with [F9the Office of Rail Regulation] , by order grant exemption from subsection (1) or (2) of section 16A above (or from both of those subsections) in respect of such railway facilities as may be specified in the order, but subject to compliance with such conditions (if any) as may be so specified.

(2)An exemption under subsection (1) above may be granted in respect of—

(a)railway facilities of a particular class or description, or

(b)a particular railway facility,

or in respect of part only of railway facilities of a particular class or description or a particular railway facility.

(3)An exemption under subsection (1) above may be granted generally, to persons of a particular class or description or to a particular person.

(4)If a person fails to comply with any condition subject to compliance with which an exemption was granted, the [F10appropriate facilities authority] may give a direction declaring that the exemption is revoked, so far as relating to that person, to such extent and as from such date as may be specified in the direction.

(5)Subject to subsection (4) above, an exemption, unless previously revoked in accordance with any term contained in the exemption, shall continue in force for such period as may be specified in, or determined by or under, the exemption.

(6)Exemptions may make different provision, or be granted subject to compliance with different conditions, for different cases.

[F11(7)A statutory instrument containing an order made under this section by the Scottish Ministers shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.]

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Amendments (Textual)

F7S. 16B inserted (15.10.2005) by 2000 c. 38, ss. 223, 275(1); S.I. 2005/2862,{art. 3}

F9S. 16B: words in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F1216C Making of applications for directions.E+W+S

(1)An application for a direction under section 16A above must be made to [F13the Office of Rail Regulation] in writing.

(2)The application must—

(a)specify the person to whom the direction would be given;

(b)state what it would require him to do; and

(c)give the applicant’s reasons for considering that person to be an appropriate person to do what the direction would require him to do.

(3)The applicant may at any time vary what the direction would require that person to do by giving to [F13the Office of Rail Regulation] notice in writing of the variation; but if the applicant is a person other than the [F14appropriate facilities authority] such a notice may only be given with the consent of the Authority.

(4)The application or notice of a variation may be accompanied by any written representations which the applicant wishes to make in relation to the direction.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F13S. 16C: words in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F1516D Procedure for considering applications.E+W+S

(1)When [F16the Office of Rail Regulation] has received the application or notice of a variation, [F17it]

(a)send a copy to the person specified in the application, the [F18appropriate facilities authority] (if it is not the applicant) and any other persons who [F16the Office of Rail Regulation] considers ought to be sent one; and

(b)invite them to make written representations within a period specified in the invitation.

(2)If the person specified in the application makes representations that he is not an appropriate person to do what the direction would require him to do, [F16the Office of Rail Regulation] must decide that issue in advance of considering any other matters which may be relevant in deciding whether to give the direction.

(3)If that person makes such representations but [F16the Office of Rail Regulation] decides that he is an appropriate person to do what the direction would require him to do, [F16the Office of Rail Regulation] must—

(a)notify him of that decision; and

(b)invite him to make written representations within a period specified in the invitation about any other matters which may be relevant in deciding whether to give the direction.

(4)[F16the Office of Rail Regulation] must—

(a)send the applicant a copy of any representations received by [F17it] in response to any invitation under subsection (1) or (3) above; and

(b)invite him to make further written representations within a period specified in the invitation.

(5)Subject to subsection (6) below, [F16the Office of Rail Regulation] may substitute as the applicant any other person if—

(a)the applicant,

(b)the other person, and

(c)the [F18appropriate facilities authority] (if it is neither the applicant nor the other person),

consent to the substitution.

(6)The applicant may, by giving notice in writing to [F16the Office of Rail Regulation] , withdraw or suspend the application at any time before [F16the Office of Rail Regulation] decides whether to give the direction.

(7)[F16the Office of Rail Regulation] may direct—

(a)the person specified in the application,

(b)the applicant, or

(c)any other person (apart from the [F18appropriate facilities authority] ),

to provide him with any information required by him in order to decide whether to give the direction.

(8)If a person fails to comply with a direction under subsection (7) above, the High Court or the Court of Session may, on the application of [F16the Office of Rail Regulation] make such order as it thinks fit for requiring the failure to be made good.

(9)Such an order may provide that all the costs or expenses of and incidental to the application shall be borne by—

(a)the person who failed to comply; or

(b)in the case of a company or other association, any officers who are responsible for the failure to comply.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F15S. 16D inserted (15.10.2005) by 2000 c. 38, ss. 223, 275; S.I. 2005/2862, art. 3

F16S. 16D: words in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F17S. 16D: word in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)

F1916E Decisions on applications: adequate reward.E+W+S

(1)[F20the Office of Rail Regulation]may only give a direction to a person under section 16A above to provide, improve or develop a railway facility if he is satisfied that the person will be adequately rewarded for providing, improving or developing the railway facility in accordance with the direction.

(2)In considering whether he is so satisfied [F20the Office of Rail Regulation] shall take into account (in particular)—

(a)any receipts obtained or likely to be obtained by the person (from the [F21appropriate facilities authority] , passengers, operators of railway services or any other persons) in connection with, or as a result of, the provision, improvement or development of the railway facility; and

(b)any other benefit obtained or likely to be obtained by him in consequence of its provision, improvement or development.

(3)Representations made by the applicant for a direction—

(a)under section 16C(4) above, or

(b)in response to an invitation under section 16D(4) above,

may, in particular, include representations as to matters which he considers [F20the Office of Rail Regulation] should take into account in deciding whether the person to whom the direction would be given would be adequately rewarded for doing what it would require him to do.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F19S. 16E inserted (15.10.2005) by 2000 c. 38, ss. 223, 275(1); S.I 2005/2862, {art. 3}

F20S. 16E: words in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F2216F Other provisions about decisions.E+W+S

(1)If [F23the Office of Rail Regulation] does not consider it right to give a direction under section 16A above in the terms applied for (or to reject the application), [F24it] may give a direction under that section in modified terms.

(2)[F23the Office of Rail Regulation] may include supplementary provisions in any direction under section 16A above, including (in particular)—

(a)provision adding detail (for instance, as to the time by which, or standard to which, the person to whom it is given is to do anything which it requires him to do); and

(b)provision imposing requirements on the applicant (for instance, to make arrangements for rewarding the person to whom the direction is given or to make payments to him).

(3)Before giving a direction under section 16A above which is in modified terms or includes supplementary provisions, [F23the Office of Rail Regulation] shall—

(a)notify [F25its] intention to give a direction to the applicant, the [F26appropriate facilities authority] (if it is not the applicant) and any other persons who the Regulator considers ought to be notified; and

(b)invite them to make written representations within a period specified in the invitation;

and if the applicant makes representations that the direction should not be given, [F23the Office of Rail Regulation] shall not give it.

(4)Whatever [F23the Office of Rail Regulation]’s decision on an application [F24it] shall notify the decision to—

(a)the person specified in the application;

(b)the applicant; and

(c)any other persons who [F24it] considers ought to be notified.

(5)[F23the Office of Rail Regulation] may direct the person specified in the application or the applicant to pay to—

(a)the other of those persons, or

(b)any other person directed to provide information under section 16D(7) above,

any such amount as [F24it] considers appropriate in respect of costs incurred in connection with the application.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F23S. 16F: words in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F24S. 16F: word in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)

F25S. 16F: words in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(c) Table}; S.I. 2004/827, art. 4(g)

F2716G Directions: compliance, variation and revocation.E+W+S

(1)A person shall not be regarded as failing to comply with a direction under section 16A above if he has done everything which it is reasonably practicable to do in order to comply with the direction.

(2)If a person is unable to comply with such a direction because he does not have the necessary powers or rights (including rights over land), he shall not be taken to have done everything which it is reasonably practicable to do in order to comply with the direction unless he has done everything which it is reasonably practicable to do in order to obtain those powers or rights.

(3)A direction under section 16A above may only be revoked or varied by [F28the Office of Rail Regulation]

(a)on the application of the person to whom the direction was given, the applicant for the direction or the Authority (if it was not the applicant); and

(b)after consultation with the other persons with power to apply for a revocation or variation.

(4)Such a direction may only be varied on an application by the applicant for the direction or the [F29appropriate facilities authority] if [F28the Office of Rail Regulation] is satisfied that the person to whom the direction was given will be adequately rewarded for providing, improving or developing the railway facility in accordance with the varied direction, taking into account (in particular) the matters specified in section 16E(2) above.

(5)[F28the Office of Rail Regulation] may grant an application for the variation or revocation of a direction under section 16A above by the applicant for the direction or the [F29appropriate facilities authority] on condition that he or it secures that any such compensation as [F28the Office of Rail Regulation] may specify is paid to the person to whom the direction was given in respect of any liabilities incurred, or other things done, by him in complying with the direction.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F28S. 16G: words in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F3016H Code of practice.E+W+S

(1)[F31the Office of Rail Regulation] shall prepare, and from time to time revise, a code of practice supplementing sections 16A to 16G above and shall publish it in such manner as [F32it] considers appropriate.

(2)[F31the Office of Rail Regulation] shall have regard to the code of practice in the exercise of [F33its] functions under those sections.

(3)The code of practice may (in particular)—

(a)set out minimum periods to be specified in invitations to make representations;

(b)include provision about requesting the provision of information prior to giving a direction under section 16D(7) above;

(c)specify principles according to which directions to pay costs are to be given under section 16F(5) above; and

(d)make provision about the consultation required by section 16G(3)(b) above.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F31S. 16H: words in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F32S. 16H: words in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)

F33S. 16H: words in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(c) Table}; S.I. 2004/827, art. 4(g)

F3416I Supplementary.E+W+S

(1)References in sections 16A to 16H above and this section to a railway facility include part of a railway facility.

(2)Nothing in any of those sections or a direction under section 16A above—

(a)limits any power of [F35the Office of Rail Regulation] under any other provision of this Act; or

(b)affects any obligation to provide a new railway facility, or to improve or develop an existing railway facility, arising otherwise than from such a direction.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F35S. 16I: words in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

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