F116A Provision, improvement and development of railway facilities.E+W+S
(1)[F2The Office of Rail and Road] may, on an application—
(a)made by the [F3appropriate facilities authority], or
(b)made by any other person with the consent of the [F3appropriate facilities authority],
give to the operator of a network, station or light maintenance depot a direction to provide a new railway facility if [F2the Office of Rail and Road] considers him to be an appropriate person to provide the new railway facility.
(2)[F2The Office of Rail and Road] may, on an application—
(a)made by the [F3appropriate facilities authority], or
(b)made by any other person with the consent of the [F3appropriate 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 [F2the Office of Rail and Road] considers him to be an appropriate person to improve or develop the railway facility.
(3)The [F4consent 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of an application under subsection (1) or (2) above may be given subject to compliance with conditions (and may be withdrawn if any condition is not complied with before [F2the Office of Rail and Road] decides whether to give the direction).
[F5(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
F1S. 16A inserted (15.10.2005) by 2000 c. 38, ss. 223, 275(1); S.I. 2005/2862, art. 3
F2Words in s. 16A 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(p)
F3Words 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
F4Words 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
F5S.16A(3A) inserted (16.10.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 11(3): S.I. 2005/2812, art. 2(1), Sch. 1