Railways Act 2005

Valid from 01/12/2006

33 Closure requirements E+W+S

(1) This section applies where, following a reference under this Part, the Office of Rail Regulation issues a closure ratification notice.

(2) The Office of Rail Regulation may, when it issues the closure ratification notice, impose such requirements relevant to the proposal as it considers appropriate on such one or more of the following as it thinks fit, namely—

(a) the Secretary of State;

(b) the Scottish Ministers;

(c) the National Assembly for Wales;

(d) a Passenger Transport Authority;

(e) a Passenger Transport Executive;

(f) the Mayor of London;

(g) Transport for London;

(h) a person designated as a railway funding authority by an order under section 45(4);

(i) a relevant operator.

(3) For the purposes of subsection (2), a requirement is relevant to a proposal if it relates to any matter which fell to be taken into account in making an assessment whether the proposal or (as the case may be) the proposal as modified satisfied the criteria set out in the relevant part of the closures guidance.

(4) In subsection (2)(i) “relevant operator” means—

(a) in the case of a proposal to which section 22 or 25 applies, the service operator within the meaning of the section in question;

(b) in the case of a proposal to which section 26 or 29 applies, the operator of the network or station, or part of a network or station, in question; and

(c) in the case of a proposal to which section 37(2) applies, the person providing the experimental passenger service in question.

(5) A person on whom a requirement is imposed under this section must comply with it.

(6) The Office of Rail Regulation may from time to time vary or revoke a requirement imposed under this section.

(7) Before exercising its power under this section to vary or revoke a requirement, the Office of Rail Regulation must consult such persons as it thinks appropriate.

(8) Where the Office of Rail Regulation exercises its power under this section to impose, vary or revoke a requirement, it must—

(a) give notice of that requirement, variation or revocation to every person to whom a copy of the closure ratification notice relating to the reference was given under section 32(9); and

(b) require every operator of a station in the area affected by the requirement, variation or revocation to whom it gives notice of the requirement, variation or revocation to secure that a copy of the notice is published by being displayed at that station—

(i) in the case of the imposition of a requirement, until the end of the interim period;

(ii) in the case of the variation or revocation of a requirement, for such period as the Office of Rail Regulation may specify at the time of giving notice under paragraph (a).

(9) In subsection (8) “the area affected”, in relation to a requirement imposed under this section in relation to a closure, means—

(a) in the case of a closure consisting in the discontinuance of services on a particular line, or from a particular station, the area in which the line or station is situated;

(b) in the case of a closure relating to a network, or part of a network, the area in which the network, or part of a network, is situated;

(c) in the case of a closure relating to a station, or part of a station, the area served by the station, or that part;

and “the area affected”, in relation to the variation or revocation of such a requirement, is to be construed accordingly.