Railways Act 1993

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Changes and effects

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Blanket amendment text amended by S.I. 2011/1043 art. 3 4
Blanket amendment text amended by S.I. 2011/1043 art. 3 6

Commencement Orders yet to be applied to the Railways Act 1993:

Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

S.I. 2009/107 art. 2-5 Sch. 1-5 Commencement Order
S.I. 2009/3318 art. 2-4 commences (2009 c. 20)

8 Licences.E+W+S

(1)Subject to the following provisions of this section—

(a)the Secretary of State after consultation with [F1the Office of Rail Regulation]F2. . . , or

(b)[F1the Office of Rail Regulation] with the consent [F3, or in accordance with a general authority, of the Secretary of State . . . ,]

may grant to any person a licence authorising the person to be the operator of such railway assets, or of railway assets of such a class or description, as may be specified in the licence.

(2)Any general authority given to [F1the Office of Rail Regulation] under subsection (1)(b) above

[F4(a)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)may include a requirement for [F1the Office of Rail Regulation] either to consult the Secretary of State, or a requirement to obtain his approval before granting a licence;

but a failure to comply with such a requirement shall not affect the validity of the licence.]

(3)Any application for a licence—

(a)shall be made in the prescribed manner;

(b)shall be accompanied by such fee (if any) as may be prescribed in the case of a licence of the description in question; and

(c)shall, if the Secretary of State so requires, be published by the applicant in the prescribed manner and within such period as may be notified to the applicant by the Secretary of State;

and, on any such application, the Secretary of State or, as the case may be, [F1the Office of Rail Regulation] may either grant or refuse the licence.

(4)Before granting a licence, the Secretary of State or [F1the Office of Rail Regulation] shall give notice—

(a)stating that he [F6or it] proposes to grant the licence,

(b)stating the reasons why he [F6or it] proposes to grant the licence, and

(c)specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed licence may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(5)A notice under subsection (4) above shall be given by publishing the notice in such manner as the Secretary of State or [F1the Office of Rail Regulation] considers appropriate for bringing it to the attention of persons likely to be affected by the grant of the licence.

(6)A licence shall be in writing and, unless previously revoked or surrendered in accordance with any terms contained in the licence, shall continue in force for such period as may be specified in or determined by or under the licence; and a licence shall not be capable of being surrendered [F7unless [F1the Office of Rail Regulation][F8consents] to the surrender] if it is—

(a)a passenger licence;

(b)a network licence;

(c)a station licence; or

(d)a light maintenance depot licence.

(7)As soon as practicable after the granting of a licence, the grantor shall send a copy—

(a)in the case of a licence granted by the Secretary of State, to [F1the Office of Rail Regulation][F9, to the Authority and to the Health and Safety Executive] ; or

(b)in the case of a licence granted by the [F1the Office of Rail Regulation] , [F10to the [F11Secretary of State] and] to the Health and Safety Executive.

(8)Any power to make regulations by virtue of subsection (3) above shall only be exercisable by the Secretary of State after consultation with [F1the Office of Rail Regulation]F12. . .

(9)Different fees may be prescribed under subsection (3) above in respect of licences authorising a person to be the operator of railway assets of different classes or descriptions.

F13(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)Any sums received by the Secretary of State or [F1the Office of Rail Regulation] under this section shall be paid into the Consolidated Fund.

Annotations:

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Amendments (Textual)

F1Words in s. 8 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)

F2Words in s. 8(1) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 3(1)(a), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.