Railways Act 2005

3 (1) The person carrying out the consultation must— E+W+S

(a) send to every person specified in sub-paragraph (2) (apart from himself) both a copy of every notice published under paragraph 2 and a summary of the results of the initial assessment; and

(b) in such manner as he considers appropriate, consult such other persons (if any) as he thinks fit.

(2) Those persons are—

(a) in the case of a consultation for the purposes of section 22(7)(a), 25(6)(a), 26(7)(a) or 29(7)(a), the person making the proposal in question;

(b) in the case of a consultation for the purposes of—

(i) subsection (4)(b) of section 24,

(ii) subsection (3)(b) of section 27,

(iii) subsection (3)(b) of section 28,

(iv) subsection (3)(b) of section 30, or

(v) subsection (3)(b) of section 31,

the national authority for the purposes of that section;

(c) if the proposal affects Wales, [F1 the Welsh Ministers];

(d) if the proposal affects Greater London, the Mayor of London;

(e) every Passenger Transport Executive whose area is affected by the proposal;

(f) every local authority in whose area there are persons living, working or studying who appear to the person carrying out the consultation to be persons affected by the proposal;

(g) the [F2 Passengers’ Council];

(h) if the proposal affects its area, the London Transport Users' Committee;

(i) every person designated by order made by the Secretary of State for the purposes of this Schedule as a body representing interests of railway passengers;

(j) every railway funding authority appearing to the person carrying out the consultation to be a party to financial arrangements that are or may be affected by the proposal;

(k) every person providing railway services who appears to the person carrying out the consultation to be affected by the proposal;

(l) every person providing station services in relation to a station affected by the proposal.

(3) The person carrying out the consultation must require every operator of a station in the area affected by the proposal to whom he sends a copy of a notice under sub-paragraph (1) to secure that a copy of it is published by being displayed at that station until the end of the interim period.

(4) An order under sub-paragraph (2)(i) is subject to the negative resolution procedure.

(5) In the case of a consultation carried out for the purposes of section 25, sub-paragraph (2) has effect with the omission of paragraph (j).

(6) In this paragraph “local authority”—

(a) in relation to England and Wales, means a county council or county borough council, a community council or a council for a district in an area for which there is no county council; and

(b) in relation to Scotland, has the same meaning as in the Local Government (Scotland) Act 1973 (c. 65).

Textual Amendments

F1 Words in Sch. 7 para. 3(2)(c) substituted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(xvi), Sch. para. 66

F2 Words in Sch. 7 para. 3(2)(g) substituted (25.2.2010) by The Passengers’ Council (Non-Railway Functions) Order 2010 (S.I. 2010/439), art. 1, Sch. para. 9(8)

Commencement Information

I1 Sch. 7 para. 3 in force at 1.12.2006 by S.I. 2006/2911, art. 2, Sch.