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Railways Act 1993, Section 139 is up to date with all changes known to be in force on or before 16 August 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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Valid from 01/07/1999
(1)The Secretary of State may, out of money provided by Parliament, make grants in accordance with this section towards the provision of any facilities which are to be provided for or in connection with the carriage of goods by railway or the loading or unloading of goods carried or intended to be carried by railway.
(2)The Secretary of State shall not make a grant under this section unless he is satisfied—
(a)that, if the facilities in question are provided, they will be used for or in connection with the carriage, or the loading or unloading, of goods of particular classes or descriptions;
(b)that if the facilities are not provided, those goods will be carried by road; and
(c)that it is in the public interest for those goods to be carried by railway.
(3)Grants under this section shall only be made towards expenditure which appears to the Secretary of State to be expenditure of a capital nature which is to be incurred in providing the facilities in question.
(4)Without prejudice to the generality of subsection (1) above, the facilities towards the provision of which grants under this section may be made include track, rolling stock, depots, access roads and equipment for use in connection with the carriage, loading or unloading of goods.
(5)No grant under this section shall be made except in pursuance of an application made to the Secretary of State by the person who intends to provide the facilities; and any such application shall be supported by such evidence as the Secretary of State may require with respect to—
(a)the use which is to be made of the facilities for or in connection with the carriage of goods by railway or the loading or unloading of goods carried or intended to be carried by railway;
(b)the amount and destination of the goods in connection with which the facilities are to be used; and
(c)the matters as to which he is required by subsection (2)(b) and (c) above to be satisfied if he is to make a grant under this section.
(6)The Secretary of State may, in making a grant under this section, impose such terms and conditions as he thinks fit.
(7)Expressions used in this section and in Part I above have the same meaning in this section as they have in that Part.
(8)Section 8 of the M1Railways Act 1974 (freight facilities grants) shall cease to have effect.
Modifications etc. (not altering text)
C1S. 139: transfer of functions (1.7.1999) by S.I. 1999/672, arts. 1(2), 2, Sch. 1
C2S. 139(1)(2)(3)(5)(6): certain functions made exercisable by the Scottish Ministers concurrently with the Ministers (1.7.1999) by S.I. 1999/1750, arts. 1(1), 3, Sch. 2; S.I. 1998/3178, art. 3
Marginal Citations
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