The Railway Closures (Exclusion) Scotland Order 2009

Scottish Statutory Instruments

2009 No. 371

Transport

Railways

The Railway Closures (Exclusion) Scotland Order 2009

Made

28th October 2009

Laid before the Scottish Parliament

29th October 2009

Coming into force

1st December 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by section 38(1)(c) of the Railways Act 2005 (the “2005 Act”)(1).

Citation and commencement

1.  This Order may be cited as the Railway Closures (Exclusion) Scotland Order 2009 and comes into force on 1st December 2009.

Exclusion from application of section 30 of the 2005 Act

2.  Stations at Drumgelloch and Bathgate are excluded from the application of section 30 of the 2005 Act.

STEWART STEVENSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

28th October 2009

EXPLANATORY NOTE

(This note is not part of the Order)

Section 30 of the Railways Act 2005 (the “2005 Act”) provides the closures procedure where there is a proposal by a funding authority to close a station. This Order provides for the exclusion from that closures procedure in relation to the stations at Drumgelloch and Bathgate. The stations at Drumgelloch and Bathgate are being relocated as provided for in the Airdrie-Bathgate Railway and Linked Improvements Act 2007 (the “2007 Act”) and the principle of relocation of those stations is established by the 2007 Act. Article 2 of this Order provides that the stations at Drumgelloch and Bathgate are excluded from the application of section 30 of the 2005 Act.

A full regulatory impact assessment was carried out for the 2007 Act (the “original RIA”) and as no alterations have been made which will impact on business, charities or the voluntary sector there is no requirement for a further assessment for this order. Copies of the original RIA can be obtained from Transport Scotland, 9th Floor, Buchanan House, Glasgow G4 0HF.

(1)

2005 (c.14).