Part 4Network modifications etc.

Supplemental provisions of Part

41Proposals by funding authorities

1

A railway funding authority may make a proposal—

a

for the discontinuance of a railway passenger service,

b

for the discontinuance of the operation of a network or part of a network, or

c

for the discontinuance of the operation of a station or part of a station,

if, and only if, the requirements of subsection (3), (4) or (5) are satisfied.

2

The requirements of subsection (3) apply to the making of such a proposal by a railway funding authority other than a Passenger Transport Executive, the Mayor of London or Transport for London.

3

The requirements of this subsection are—

a

that the proposal is made in association with another proposal by the authority;

b

that the other proposal relates to any agreement or other arrangements to which the authority is a party and which relate to the provision of financial assistance in connection with the service or the operation or use of the network or station; and

c

that it appears to the authority that the other proposal would have an effect which is reasonably likely to create or contribute to a need for the service to be discontinued or the operation or use of the network or station to be discontinued.

4

The requirements of this subsection apply in relation to the making of a proposal by a Passenger Transport Executive and are—

a

that no funding in relation to a service or, as the case may be, network or station, or part of a network or station, to which the proposal relates is provided by a railway funding authority other than the Passenger Transport Executive; or

b

that—

i

every service to which the proposal relates operates entirely within their area; and

ii

every network or station, or part of a network or station, to which the proposal relates is wholly in their area.

5

The requirements of this subsection apply in relation to the making of a proposal by the Mayor of London or Transport for London and are—

a

that no funding in relation to a service or (as the case may be) network or station, or part of a network or station, to which the proposal relates is provided by a railway funding authority other than the Mayor of London or Transport for London; or

b

that—

i

every service to which the proposal relates operates entirely within Greater London; and

ii

every network or station, or part of a network or station, to which the proposal relates is wholly in Greater London.

6

The arrangements referred to in subsection (3)(b) include arrangements between the railway funding authority in question and another such authority.

7

For the purposes of subsections (4) and (5) a service operates entirely within an area if it starts and ends in that area and does not make any other scheduled calls outside that area.