- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (28/11/2005)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/12/2006
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Railways Act 1993, Section 46 is up to date with all changes known to be in force on or before 09 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The [F1Secretary of State] may [F2, subject to subsection (1A),] from time to time vary or revoke any conditions for the time being required to be complied with in connection with a closure F3F4. . .
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .
[F5(1A)The Secretary of State may not vary or revoke a condition imposed under Schedule 5 to this Act.
(1B)The Secretary of State may only—
(a)revoke a condition requiring the Authority to secure the provision of a bus substitution service, or
(b)vary such a condition so as to permit the Authority to withdraw the service from any locality or point,
in accordance with section 47B below.]
(2)Where, in exercise of his power under subsection (1) above, the [F6Secretary of State] decides to vary or revoke any closure condition, he shall send a copy of his decision to—
(a)[F7the Office of Rail Regulation],
(b)the [F8Authority],
(c)every [F9Rail Passengers’ 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.
F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F8Authority] 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 M1Transport Act 1962, whether that subsection applied in relation to the closure or not.
Textual Amendments
F1Words in s. 46(1) substituted (1.2.2001) by 2000 c. 38, s. 234(5)(a) (with Sch. 28 paras. 12, 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F2Words in s. 46(1) inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 28(2)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F3Words in s. 46(1) repealed (1.2.2001) by 2000 c. 38, ss. 234(5)(a), 274, Sch. 31 Pt. IV (with Sch. 28 paras. 12, 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F4Words in s. 46(1) omitted (1.2.2001) by virtue of 2000 c. 38, s. 252, Sch. 27 para. 28(2)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F5S. 46(1A)(1B) inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 28(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F6Words in s. 46(2) substituted (1.2.2001) by 2000 c. 38, s. 234(5)(b) (with Sch. 28 paras. 12, 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F7Words in s. 46 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)
F8Words in s. 46(2)(4) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 30; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I; 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))
F9Words in s. 46(2)(c) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 Pt. I para. 5; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F10S. 46(3) repealed (1.2.2001) by 2000 c. 38, ss. 234(5)(c), 275(1), Sch. 31 Pt. IV (with Sch. 28 paras. 12, 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
Modifications etc. (not altering text)
C1S. 46 excluded (21.7.1994) by 1994 c. xv, s. 17(4)
C2S. 46 modiffied (temp.) (27.7.2005) by (The Railways Act 2005 (Transitional Provisions and Savings) Order 2005 (S.I. 2005/1738, art. 3 (with art. 4)
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