I1C1C2 Part I The Provision of Railway Services

Annotations:
Commencement Information
I1

Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5

Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)

Modifications etc. (not altering text)
C1

Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C2

Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)

Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)

F5 Directions to provide, improve or develop railway facilities

Annotations:
Amendments (Textual)
F5

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

F116B Exemption of railway facilities from section 16A.

1

The F2appropriate facilities authority may, after consultation with F6the Office of Rail and Road, 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 F3appropriate 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.

F47

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.