The Railways (Class and Miscellaneous Exemptions) Order 1994

Facility exemption

5.—(1) Subject to paragraph (3)(a), exemption from sections 17 and 18 of the Act (access to railway facilities) is granted to any person who is a facility owner by reference to any of the following railway facilities, or any part of any of the following railway facilities, namely—

(a) any specified station or specified light maintenance depot (other than a light maintenance depot listed in Schedule 1), and

(b) track comprised in any specified network,

in respect of that railway facility or that part.

(2) Subject to paragraph (3)(b), exemption from sections 17 and 18 of the Act is granted to any private sector operator in respect of any light maintenance depot listed in Schedule 1 by reference to which that operator is a facility owner.

(3) (a) The exemption granted in paragraph (1) shall not apply in respect of—

(i) any track which must be used for the purpose of using any locomotive fuelling point comprised in a light maintenance depot listed in Schedule 1, or

(ii) track comprised in the networks comprised in the railway goods terminals listed in Part II of Schedule 2.

(b) The exemption granted in paragraph (2) shall not apply in respect of any part of a light maintenance depot which part consists of a locomotive fuelling point, or any part of a light maintenance depot which part must be used for the purpose of using any such fuelling point.

(4) Exemption from sections 17 and 18 of the Act is granted to any person who is a facility owner by reference to any part of a station (other than a specified station) which part was, immediately before the coming into force of article 3, not used in connection with the provision, by a person falling within any of sub-paragraphs (i) to (iv) of article 4(a), of regular scheduled railway passenger services, in respect of that part.

(5) Exemption from sections 17 and 18 of the Act is granted to any person who is a facility owner by reference to any of the following railway facilities, namely—

(a) the station known as Waterloo International Terminal in London,

(b) Ashford International Passenger Station in Kent,

(c) the light maintenance depot known as Manchester International at New Bank Street, Longsight, Manchester, and

(d) the light maintenance depot known as North Pole International at Mitre Way, London W10 6AT,

in respect of that railway facility.

(6) (a) So far as it relates to any particular railway facility or part of a railway facility, the exemption granted in paragraph (1), (2), (4) or (5) may be revoked by agreement in writing between the Secretary of State and each person who is a facility owner by reference to that railway facility or that part.

(b) So far as it relates to any particular railway facility or part of a railway facility, the exemption granted in paragraph (5) may be revoked by not less than one month’s notice given by the Secretary of State to each person who is a facility owner by reference to that railway facility or that part, if the railway facility or part in question is used in connection with the provision of railway passenger services other than international services.