46 Variation of closure conditions.E+W+S
(1)The Regulator may from time to time vary or revoke any conditions for the time being required to be complied with in connection with a closure, other than—
(a)a condition imposed by the Secretary of State under Schedule 5 to this Act, or
(b)a condition requiring the Franchising Director to secure the provision of a bus substitution service (within the meaning of sections 119 to 124 of the M1Transport Act 1985),
whether or not those conditions have been imposed, modified or confirmed by the Secretary of State under section 44 above and whether the closure took place before or after the coming into force of this section.
(2)Where, in exercise of his power under subsection (1) above, the Regulator decides to vary or revoke any closure condition, he shall send a copy of his decision to—
(a)the Secretary of State,
(b)the Franchising Director,
(c)every consultative committee whose area consists of or includes the whole or any part of the area affected by the closure to which the condition relates, and
(d)either—
(i)if the closure in question is one falling within section 37 above, the service operator, within the meaning of that section, or
(ii)if the closure in question is one falling within section 39 or 41 above, the operator of the network, station or light maintenance depot in question who gave the notice required by subsection (1) of the section in question,
and shall publish notice of the decision at every station within the area affected by the closure to which the condition relates.
(3)Any person aggrieved by a decision of the Regulator under subsection (1) above may refer that decision to the Secretary of State in accordance with section 44 above; and that section shall apply in relation to the reference of any such decision to vary or revoke a condition as it applies in relation to the reference of a decision in connection with a proposed closure, but taking any reference to proposed closure as a reference to variation or revocation of a condition.
(4)In this section—
“the area affected”, in relation to any closure, shall be construed in accordance with the section under or by virtue of which the Franchising Director was required to publish in connection with that closure the notice referred to in section 43(1) above;
“closure” includes any closure within the meaning of subsection (7) of section 56 of the M2Transport Act 1962, whether that subsection applied in relation to the closure or not.
Modifications etc. (not altering text)
C1S. 46 excluded (21.7.1994) by 1994 c. xv, s. 17(4)
Marginal Citations