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Railways Act 1993
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Changes over time for: Section 16G
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Railways Act 1993, Section 16G is up to date with all changes known to be in force on or before 14 November 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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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 13B(7) inserted by 2024 c. 13 Sch. 30 para. 18(5)
- s. 15C(5) inserted by 2024 c. 13 Sch. 30 para. 19(5)
- s. 16(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 6(4)(b) (as substituted) by S.I. 2019/1245 reg. 23 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 67(11) inserted by 2024 c. 13 Sch. 29 para. 10
- s. 145(3)(w) inserted by 2024 c. 13 Sch. 30 para. 20(b)
- s. 145(3)(qu) omitted by 2024 c. 13 Sch. 30 para. 20(a)
- Sch. 4A para. 10A(7) inserted by 2024 c. 13 Sch. 30 para. 22(5)
- Sch. 4A para. 15(5) inserted by 2024 c. 13 Sch. 30 para. 23(5)
F116G Directions: compliance, variation and revocation.E+W+S
(1)A person shall not be regarded as failing to comply with a direction under section 16A above if he has done everything which it is reasonably practicable to do in order to comply with the direction.
(2)If a person is unable to comply with such a direction because he does not have the necessary powers or rights (including rights over land), he shall not be taken to have done everything which it is reasonably practicable to do in order to comply with the direction unless he has done everything which it is reasonably practicable to do in order to obtain those powers or rights.
(3)A direction under section 16A above may only be revoked or varied by [F2the Office of Rail and Road] —
(a)on the application of the person to whom the direction was given, the applicant for the direction or the Authority (if it was not the applicant); and
(b)after consultation with the other persons with power to apply for a revocation or variation.
(4)Such a direction may only be varied on an application by the applicant for the direction or the [F3appropriate facilities authority] if [F2the Office of Rail and Road] is satisfied that the person to whom the direction was given will be adequately rewarded for providing, improving or developing the railway facility in accordance with the varied direction, taking into account (in particular) the matters specified in section 16E(2) above.
(5)[F2The Office of Rail and Road] may grant an application for the variation or revocation of a direction under section 16A above by the applicant for the direction or the [F3appropriate facilities authority] on condition that he or it secures that any such compensation as [F2the Office of Rail and Road] may specify is paid to the person to whom the direction was given in respect of any liabilities incurred, or other things done, by him in complying with the direction.
Textual Amendments
F1S. 16G inserted (15.10.2005) by 2000 c. 38, ss. 223, 275(1); S.I. 2005/2862, art. 3
F2Words in s. 16G 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(v)
F3Words in s. 16G 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
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