Railways Act 1993

F1 16D Procedure for considering applications. E+W+S

(1) When [F2 the Office of Rail and Road] has received the application or notice of a variation, [F3 it]

(a) send a copy to the person specified in the application, the [F4 appropriate facilities authority] (if it is not the applicant) and any other persons who [F2 the Office of Rail and Road] considers ought to be sent one; and

(b) invite them to make written representations within a period specified in the invitation.

(2) If the person specified in the application makes representations that he is not an appropriate person to do what the direction would require him to do, [F2 the Office of Rail and Road] must decide that issue in advance of considering any other matters which may be relevant in deciding whether to give the direction.

(3) If that person makes such representations but [F2 the Office of Rail and Road] decides that he is an appropriate person to do what the direction would require him to do, [F2 the Office of Rail and Road] must—

(a) notify him of that decision; and

(b) invite him to make written representations within a period specified in the invitation about any other matters which may be relevant in deciding whether to give the direction.

(4) [F2 The Office of Rail and Road] must—

(a) send the applicant a copy of any representations received by [F3 it] in response to any invitation under subsection (1) or (3) above; and

(b) invite him to make further written representations within a period specified in the invitation.

(5) Subject to subsection (6) below, [F2 the Office of Rail and Road] may substitute as the applicant any other person if—

(a) the applicant,

(b) the other person, and

(c) the [F4 appropriate facilities authority] (if it is neither the applicant nor the other person),

consent to the substitution.

(6) The applicant may, by giving notice in writing to [F2 the Office of Rail and Road], withdraw or suspend the application at any time before [F2 the Office of Rail and Road] decides whether to give the direction.

(7) [F2 The Office of Rail and Road] may direct—

(a) the person specified in the application,

(b) the applicant, or

(c) any other person (apart from the [F4 appropriate facilities authority]),

to provide him with any information required by him in order to decide whether to give the direction.

(8) If a person fails to comply with a direction under subsection (7) above, the High Court or the Court of Session may, on the application of [F2 the Office of Rail and Road] make such order as it thinks fit for requiring the failure to be made good.

(9) Such an order may provide that all the costs or expenses of and incidental to the application shall be borne by—

(a) the person who failed to comply; or

(b) in the case of a company or other association, any officers who are responsible for the failure to comply.

Textual Amendments

F1 S. 16D inserted (15.10.2005) by 2000 c. 38, ss. 223, 275; S.I. 2005/2862, art. 3

F2 Words in s. 16D substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(s)

F3 S. 16D: word in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)

F4 Words in s. 16D substituted (16.10.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 11(1): S.I. 2005/2812, art. 2(1), Sch. 1