234 Transfer of Regulator’s functions to Secretary of State.E+W+S
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(1)In sections 37(6), 38(5), 39(7), 40(5), 41(6) and 42(4) of the Railways Act 1993 (lodging of objections to proposed closures with Regulator), for “Regulator” substitute “ Secretary of State ”.
(2)In sections 37(9), 38(7), 39(10), 40(7), 41(9) and 42(6) of that Act, in the definition of “the final decision on the closure question”, for paragraphs (a) and (b) substitute “ the Secretary of State’s decision under section 43(9) below with respect to the proposed closure; ”.
(3)In section 43 of that Act (notification to, and functions of, Regulator)—
(a)for “Regulator” (in each place except subsection (11)) substitute “ Secretary of State ”,
(b)omit subsection (11) (time limit for making of decisions by Regulator), and
(c)in subsection (12), for “Secretary of State” substitute “ Regulator ”.
(4)Omit section 44 of that Act (reference of Regulator’s decisions to Secretary of State).
(5)In section 46 of that Act (variation of closure conditions)—
(a)in subsection (1), for “Regulator” substitute “ Secretary of State ” and omit the words from “, other than” to the end,
(b)in subsection (2), for “Regulator” substitute “ Secretary of State ” and for “Secretary of State” substitute “ Regulator ”, and
(c)omit subsection (3).
(6)In section 48 of that Act (experimental services)—
(a)in subsection (1), for “, 43 and 44” substitute “ and 43 ”, and
(b)in subsection (7), for “Regulator” substitute “ Secretary of State ”.
(7)In section 68 of that Act (investigatory functions of Regulator), omit subsection (1)(b) (duty to investigate contravention of condition of closure consent).
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