I1C2C3 Part I The Provision of Railway Services
Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)
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)
Enforcement by the Regulator and the F11Authority
Words in the heading before section 55 substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 35(5); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))
C1C456 Procedural requirements F1for section 55 orders.
1
Before F2it makes a final order or confirms a provisional order, the appropriate F3authority shall give notice—
a
stating that F2it proposes to make or confirm the order and setting out its effect,
b
setting out—
i
the relevant condition or requirement for the purpose of securing compliance with which the order is to be made or confirmed,
ii
the acts or omissions which, in F4its opinion, constitute or would constitute contraventions of that condition or requirement, and
iii
the other facts which, in F4its opinion, justify the making or confirmation of the order, and
c
specifying the period (not being less than F521 days from the date of publication of the notice) within which representations or objections with respect to the proposed order or proposed confirmation may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
2
A notice under subsection (1) above shall be given—
a
by publishing the notice in such manner as the appropriate F3authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and
b
by serving a copy of the notice, and a copy of the proposed order or of the order proposed to be confirmed, on the relevant operator to whom the order relates.
F62A
3
The appropriate F3authority shall not make a final order with modifications, or confirm a provisional order with modifications, except—
a
with the consent to the modifications of the relevant operator to whom the order relates; or
b
after complying with the requirements of subsection (4) below.
4
The requirements mentioned in subsection (3) above are that the appropriate F3authority shall—
a
serve on the relevant operator to whom the order relates such notice as appears to him requisite of F4its proposal to make or confirm the order with modifications;
b
F9unless the proposed modifications are trivial, in that notice specify a period (not being less than seven from the date of service of the notice) within which representations or objections with respect to the proposed modifications may be made; and
c
consider any representations or objections which are duly made and not withdrawn.
5
As soon as practicable after making a final order or making or confirming a provisional order, the appropriate F3authority shall—
a
serve a copy of the order on the relevant operator to whom the order relates; and
b
publish the order in such manner as F2it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.
6
Before revoking a final order or a provisional order which has been confirmed, the appropriate F3authority shall give notice—
a
stating that F2it proposes to revoke the order and setting out the effect of its revocation, and
b
specifying the period (not being less than F1021 days from the date of publication of the notice) within which representations or objections with respect to the proposed revocation may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
7
8
A notice under subsection (6) or (7) above shall be given—
a
by publishing the notice in such manner as the appropriate F3authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and
b
by serving a copy of the notice on the relevant operator to whom the order relates.
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)