I1C2C3 Part I The Provision of Railway Services

Annotations:
Commencement Information
I1

Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5

Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)

Modifications etc. (not altering text)
C2

Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C3

Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)

Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)

Access agreements

C120 Exemption of railway facilities from sections 17 F1, 18 and 22A.

1

The Secretary of State may, after consultation with F8the Office of Rail and Road, by order grant exemption from sections 17 and 18 above F2and section 22A below in respect of such railway facilities as may be specified in the order, but subject to compliance with such conditions (if any) as may be so specified.

2

A facility exemption under subsection (1) above may be granted—

a

to persons of a particular class or description or to a particular person; and

b

in respect of railway facilities of a particular class or description or a particular railway facility, or in respect of part only of any such railway facilities or facility;

F3. . .

3

If a facility owner makes an application under this subsection to F8the Office of Rail and Road for the grant of an exemption from sections 17 and 18 above F2and section 22A below in respect of the whole or any part of his railway facility, F8the Office of Rail and Road, after consultation with the Secretary of State—

a

may either grant or refuse the exemption, whether wholly or to such extent as F4it may specify in the exemption; and

b

if and to the extent that F4it grants F5the exemption, may do so subject to compliance with such conditions (if any) as F4it may so specify.

4

Before granting a facility exemption under subsection (3) above, F8the Office of Rail and Road shall give notice—

a

stating that F4it proposes to grant the facility exemption,

b

stating the reasons why F4it proposes to grant the facility exemption, 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 facility exemption 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and shall consider any representations or objections which are duly made and not withdrawn.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 F8the Office of Rail and Road considers appropriate for bringing it to the attention of persons likely to be affected by the grant of the facility exemption.

6

If any condition (the “broken condition") of a facility exemption is not complied with—

a

the Secretary of State, in the case of a facility exemption under subsection (1) above, or

b

F8the Office of Rail and Road, in the case of a facility exemption under subsection (3) above,

may give to any relevant person a direction declaring that the facility exemption is revoked, so far as relating to that person, to such extent and as from such date as may be specified in the direction.

7

For the purposes of subsection (6) above—

  • “condition”, in relation to a facility exemption, means any condition subject to compliance with which the facility exemption was granted;

  • “relevant person”, in the case of any facility exemption, means a person who has the benefit of the facility exemption and who—

    1. a

      is a person who failed to comply with the broken condition or with respect to whom the broken condition is not complied with; or

    2. b

      is the facility owner in the case of the railway facility in relation to which the broken condition is not complied with.

8

Subject to subsection (6) above, a facility exemption, unless previously revoked in accordance with any term contained in the facility exemption, shall continue in force for such period as may be specified in, or determined by or under, the facility exemption.

F69

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10

Any application for a facility exemption under subsection (3) above must be made in writing; and where any such application is made, F8the Office of Rail and Road may require the applicant to furnish F4it with such information as F8the Office of Rail and Road may consider necessary to enable F4it to decide whether to grant or refuse the facility exemption.

11

Facility exemptions may make different provision, or be granted subject to compliance with different conditions, for different cases.

F712

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13

In this Part “facility exemption” means an exemption from sections 17 and 18 above F2and section 22A below granted under any provision of this section in respect of the whole or any part of a railway facility; and a railway facility is an “exempt facility” if and to the extent that it is the subject of such an exemption.