Part 4

Network modifications etc.

Supplemental provisions of Part

Exclusion of liability for breach of statutory duty
44
1
Subject to section 57 of the 1993 Act (validity and effect of final and provisional orders under section 55 of that Act), the obligations specified in subsection (2) shall not give rise to any form of duty or liability enforceable by civil proceedings for breach of statutory duty.
2
Those obligations are—
a
any obligation of a person under section 22(8) not to discontinue a railway passenger service;
b
any obligation of a person under section 26(8) not to discontinue the operation of a network or part of a network;
c
any obligation of a person under section 29(8) not to discontinue the use of a station or part of a station;
d
any obligation of a person to comply with a requirement imposed under section 33(2) ;
e
any obligation of a person to comply with conditions to which he has agreed under section 34(5) ;
f
any obligation of a person under section 37(2) not to discontinue an experimental passenger service;
g
any obligation of the Secretary of State, the Welsh Ministers or the Scottish Ministers under this Part to secure (to any extent) the provision of a railway passenger service, network or station or of a part of a network or station.
S. 44 in force at 1.12.2006 by S.I. 2006/2911, art. 2, Sch.
Words in s. 44(2)(g) inserted (14.10.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 57(a)
Words in s. 44(2)(g) inserted (14.10.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 57(b)