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Railways Act 1993

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This is the original version (as it was originally enacted).

44Reference to the Secretary of State of decisions of the Regulator concerning proposed closures

(1)Any person aggrieved by a decision of the Regulator in relation to a proposed closure may refer that decision to the Secretary of State by notice in writing given to the Secretary of State not later than 4 weeks after the date of the decision.

(2)On a reference under this section, the Secretary of State may—

(a)confirm the decision given by the Regulator;

(b)in the case of a decision of the Regulator to allow a proposed closure to take effect subject to compliance with conditions, confirm the decision to allow the proposed closure to take effect but modify the conditions; or

(c)substitute his decision for that of the Regulator.

(3)Any person who refers a decision to the Secretary of State under this section shall provide, with his notice under subsection (1) above, a statement of the reasons why he is aggrieved by the decision of the Regulator.

(4)On disposing of any reference under this section, the Secretary of State shall give notice of his decision to—

(a)the Regulator,

(b)the Franchising Director,

(c)every consultative committee to which notice of the Regulator’s decision was required to be given by paragraph (c) of subsection (12) of section 43 above,

(d)any person to whom notice of the Regulator’s decision was required to be given by paragraph (d) of that subsection, and

(e)if not falling within paragraphs (a) to (d) above, the person who referred the Regulator’s decision to the Secretary of State under subsection (1) above,

and shall publish notice of his decision on the reference at every station at which the Regulator was required by section 43(12) above to publish notice of his decision.

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