F116B Exemption of railway facilities from section 16A.E+W+S
(1)The [F2appropriate facilities authority] may, after consultation with [F3the 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 [F4appropriate 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.
[F5(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.]
Textual Amendments
F1S. 16B inserted (15.10.2005) by 2000 c. 38, ss. 223, 275(1); S.I. 2005/2862,{art. 3}
F2Words in s. 16B(1) substituted (16.10.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 11(4)(6): S.I. 2005/2812, art. 2(1), Sch. 1
F3Words in s. 16B(1) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(q)
F4Words in s. 16B(4) substituted (16.10.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 11(4)(6): S.I. 2005/2812, art. 2(1), Sch. 1
F5S. 16(B)(7) inserted (16.10.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 11(5)(6): S.I. 2005/2812, art. 2(1), Sch. 1