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Version Superseded: 16/10/2015
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Railways Act 1993, Section 16B is up to date with all changes known to be in force on or before 03 September 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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(1)The [F2appropriate facilities authority] may, after consultation with [F3the Office of Rail Regulation] , by order grant exemption from subsection (1) or (2) of section 16A above (or from both of those subsections) in respect of such railway facilities as may be specified in the order, but subject to compliance with such conditions (if any) as may be so specified.
(2)An exemption under subsection (1) above may be granted in respect of—
(a)railway facilities of a particular class or description, or
(b)a particular railway facility,
or in respect of part only of railway facilities of a particular class or description or a particular railway facility.
(3)An exemption under subsection (1) above may be granted generally, to persons of a particular class or description or to a particular person.
(4)If a person fails to comply with any condition subject to compliance with which an exemption was granted, the [F4appropriate facilities authority] may give a direction declaring that the exemption is revoked, so far as relating to that person, to such extent and as from such date as may be specified in the direction.
(5)Subject to subsection (4) above, an exemption, unless previously revoked in accordance with any term contained in the exemption, shall continue in force for such period as may be specified in, or determined by or under, the exemption.
(6)Exemptions may make different provision, or be granted subject to compliance with different conditions, for different cases.
[F5(7)A statutory instrument containing an order made under this section by the Scottish Ministers shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.]
Textual Amendments
F1S. 16B inserted (15.10.2005) by 2000 c. 38, ss. 223, 275(1); S.I. 2005/2862,{art. 3}
F2Words in s. 16B(1) substituted (16.10.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 11(4)(6): S.I. 2005/2812, art. 2(1), Sch. 1
F3S. 16B: words in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(a) Table}; S.I. 2004/827, art. 4(g)
F4Words in s. 16B(4) substituted (16.10.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 11(4)(6): S.I. 2005/2812, art. 2(1), Sch. 1
F5S. 16(B)(7) inserted (16.10.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 11(5)(6): S.I. 2005/2812, art. 2(1), Sch. 1
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