- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (26/03/2015)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 16/10/2015
Point in time view as at 26/03/2015. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Railways Act 1993, Section 7 is up to date with all changes known to be in force on or before 03 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Secretary of State may, after consultation with [F1the Office of Rail Regulation]F2. . . , by order grant exemption from the requirement to be authorised by licence to be the operator of such railway assets, or of railway assets of such a class or description, as may be specified in the order, but subject to compliance with such conditions (if any) as may be so specified.
(2)A licence exemption under subsection (1) above may be granted either—
(a)to persons of a particular class or description; or
(b)to a particular person;
and a licence exemption granted to persons of a particular class or description shall be published in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons of that class or description.
(3)If any person makes an application under this subsection to [F1the Office of Rail Regulation] for the grant of an exemption from the requirement to be authorised by licence to be the operator of such railway assets, or of railway assets of such a class or description, as he may specify in the application, [F1the Office of Rail Regulation] , after consultation with the Secretary of State F2. . . —
(a)may either grant or refuse the exemption, whether wholly or to such extent as [F3it] may specify in the exemption; and
(b)if and to the extent that [F3it] grants [F4the exemption] , may do so subject to compliance with such conditions (if any) as [F3it] may so specify.
(4)Before granting a licence exemption under subsection (3) above, [F1the Office of Rail Regulation] shall give notice—
(a)stating that [F3it] proposes to grant the licence exemption,
(b)stating the reasons why [F3it] proposes to grant the licence exemption; and
(c)specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed licence exemption may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(5)A notice under subsection (4) above shall be given by publishing the notice in such manner as [F1the Office of Rail Regulation] considers appropriate for bringing it to the attention of persons likely to be affected by the grant of the licence exemption.
F5(5A)
(6)If any condition (the “broken condition") of a licence exemption is not complied with—
(a)the Secretary of State, in the case of a licence exemption under subsection (1) above, or
(b)[F1the Office of Rail Regulation], in the case of a licence exemption under subsection (3) above,
may give to any relevant person a direction declaring that the licence exemption is revoked, so far as relating to that person, to such extent and as from such date as may be specified in the direction.
F5(6A)
(7)For the purposes of [F6this section]—
“condition”, in relation to a licence exemption, means any condition subject to compliance with which the licence exemption was granted;
“relevant person”, in the case of any licence exemption, means a person who has the benefit of the licence exemption and who—
is a person who failed to comply with the broken condition or with respect to whom the broken condition is not complied with; or
is the operator of any of the railway assets in relation to which the broken condition is not complied with.
(8)Where the Secretary of State or [F1the Office of Rail Regulation] gives a direction under subsection (6) above to any person, he [F7or it] may also direct that person to refrain from being the operator of any railway assets or of such railway assets, or railway assets of such a class or description, as may be specified in the direction by virtue of this subsection.
F5(8A)
(9)Subject to [F8subsection (6)] above, a licence exemption, unless previously revoked in accordance with any term contained in the licence exemption, shall continue in force for such period as may be specified in, or determined by or under, the licence exemption.
F9(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)Any application for a licence exemption under subsection (3) above must be made in writing; and where any such application is made, [F1the Office of Rail Regulation] may require the applicant to furnish him with such information as [F1the Office of Rail Regulation] may consider necessary to enable [F3it] to decide whether to grant or refuse the licence exemption.
(12)Licence exemptions may make different provision, or be granted subject to compliance with different conditions, for different cases.
(13)In this Part “licence exemption” means an exemption, granted under any provision of this section in respect of a railway asset or in respect of railway assets of any class or description, from the requirement to be authorised by licence to be the operator of that railway asset or, as the case may be, railway assets of that class or description.
Textual Amendments
F1Words in s. 7 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)
F2Words in s. 7(1)(3) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 1(1)(a), Sch. 13 Pt. I (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
F3Words in s. 7 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), 22. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)
F4Words in s. 7(3)(b) substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, Sch. 2 para. 4(a); S.I. 2004/827, art. 4(g)
F5S. 7(5A)(6A)(8A) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 1(1)(b), Sch. 13 Pt. I (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
F6Words in s. 7(7) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 2(6) (with Sch. 28 paras. 2(5), 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. 7(8) inserted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, Sch. 2 para. 4(b); S.I. 2004/827, art. 4(g)
F8S. 7(9) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 1(2); S.I. 2005/1909, art. 2, Sch.
F9S. 7(10) repealed (15.1.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV and omitted (1.2.2001) by virtue of 2000 c. 38, s. 252, Sch. 27 para. 18; S.I. 2000/3376, art. 2; S.I. 2001/57, art. 3, Sch. 2 (subject to savings and transitional provisions in Sch. 2 Pt. II)
Modifications etc. (not altering text)
C1S. 7(1) restricted (prosp.) by 1999 c. 29, ss. 199(1)(a)(2)(3), 425(2) (with Sch. 12 para. 9(1))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys