Modifications etc. (not altering text)
C1Sch. 5 modified (27.7.2005) (temp.) by The Railways Act 2005 (Transitional Provisions and Savings) Order 2005 (S.I. 2005/1738, art. 3 (with art. 4)
C2Sch. 5 excluded (21.7.1994) by 1994 c. xi, s. 17
Sch. 5 applied (21.7.1994) by 1994 c. xi, s. 48
Sch. 5 excluded (21.7.1994) by 1994 c. xv, s. 17(4)
Textual Amendments
F1Words in cross-heading to Sch. 5 para. 5 substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 14(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
5(1)A [F2Rail Passengers’ Committee] with whom an objection has been lodged under paragraph 3(1) above shall—
(a)consider the objection and any representations made by the operator; and
(b)report to the Secretary of State as soon as possible on the hardship, if any, which they consider will be caused by the proposed closure;
and the report may contain proposals for alleviating that hardship.
(2)Where objections with respect to any proposed closure have been lodged with more than one [F2Rail Passengers’ Committee], the [F3Rail Passengers’ Committees] in question—
(a)may report jointly to the Secretary of State; or
(b)may agree that the consideration of objections and representations relating to the closure and the making of a report to the Secretary of State shall be delegated to any of those [F3Rail Passengers’ Committees] appearing to them to be principally concerned.
(3)The Secretary of State may require a [F2Rail Passengers’ Committee] to make a further report; and if in any case the Secretary of State considers that a report or further report has been unreasonably delayed he may, after consulting [F4the Rail Passengers’ Committee] concerned and making such enquiries as he thinks fit, consent to the proposed closure without awaiting the report or further report.
(4)Copies of every report under this paragraph shall be sent to the [F5Rail Passengers’ Council] and to the operator.
(5)Where for the purposes of sub-paragraph (1) or (2) above a [F2Rail Passengers’ Committee] decide to hear an objector orally, or to hear oral representations made on behalf of the operator, they shall hear the objector or the representations, as the case may be, in public.
Textual Amendments
F2Words in Sch. 5 para. 5(1)(2)(3)(5) substituted (1.2.2001) by 2000 c. 38, 275(1), Sch. 22 para. 14(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 Sch. 5 para. 5(2) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 14(c); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F4Words in Sch. 5 para. 5(3) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 14(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F5Words in Sch. 5 para. 5(4) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 para. 14(d); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)