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Part IU.K. The Provision of Railway Services

Modifications etc. (not altering text)

C1Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C2Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)

Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)

Commencement Information

I1Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5

Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)

F1 Directions to provide, improve or develop railway facilitiesE+W+S

Textual Amendments

F1S. 16A cross-heading inserted (15.10.2005) by 2000 c. 38, ss. 223, 275; S.I. 2005/2862, art. 3

F216A Provision, improvement and development of railway facilities.E+W+S

(1)[F3The Office of Rail and Road] may, on an application—

(a)made by the [F4appropriate facilities authority], or

(b)made by any other person with the consent of the [F4appropriate facilities authority],

give to the operator of a network, station or light maintenance depot a direction to provide a new railway facility if [F3the Office of Rail and Road] considers him to be an appropriate person to provide the new railway facility.

(2)[F3The Office of Rail and Road] may, on an application—

(a)made by the [F4appropriate facilities authority], or

(b)made by any other person with the consent of the [F4appropriate facilities authority],

give to a person who has an estate or interest in, or right over, an existing railway facility a direction to improve or develop the railway facility if [F3the Office of Rail and Road] considers him to be an appropriate person to improve or develop the railway facility.

(3)The [F5consent of the appropriate facilities authority] to the making by any other person of an application under subsection (1) or (2) above may be given subject to compliance with conditions (and may be withdrawn if any condition is not complied with before [F3the Office of Rail and Road] decides whether to give the direction).

[F6(3A)In this section and sections 16B to 16G below “the appropriate facilities authority”—

(a)in relation to facilities in Scotland, means the Scottish Ministers; and

(b)in relation to any other facilities, means the Secretary of State.]

Textual Amendments

F2S. 16A inserted (15.10.2005) by 2000 c. 38, ss. 223, 275(1); S.I. 2005/2862, art. 3

F4Words in s. 16A 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

F5Words in s. 16A(3) substituted (16.10.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 11(2): S.I. 2005/2812, art. 2(1), Sch. 1