I1C1C2 Part I The Provision of Railway Services
Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)
Pt. 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)
F3 Directions to provide, improve or develop railway facilities
S. 16A cross-heading inserted (15.10.2005) by 2000 c. 38, ss. 223, 275; S.I. 2005/2862, art. 3
F116G Directions: compliance, variation and revocation.
1
A person shall not be regarded as failing to comply with a direction under section 16A above if he has done everything which it is reasonably practicable to do in order to comply with the direction.
2
If a person is unable to comply with such a direction because he does not have the necessary powers or rights (including rights over land), he shall not be taken to have done everything which it is reasonably practicable to do in order to comply with the direction unless he has done everything which it is reasonably practicable to do in order to obtain those powers or rights.
3
A direction under section 16A above may only be revoked or varied by F4the Office of Rail and Road —
a
on the application of the person to whom the direction was given, the applicant for the direction or the Authority (if it was not the applicant); and
b
after consultation with the other persons with power to apply for a revocation or variation.
4
Such a direction may only be varied on an application by the applicant for the direction or the F2appropriate facilities authority if F4the Office of Rail and Road is satisfied that the person to whom the direction was given will be adequately rewarded for providing, improving or developing the railway facility in accordance with the varied direction, taking into account (in particular) the matters specified in section 16E(2) above.
5
F4The Office of Rail and Road may grant an application for the variation or revocation of a direction under section 16A above by the applicant for the direction or the F2appropriate facilities authority on condition that he or it secures that any such compensation as F4the Office of Rail and Road may specify is paid to the person to whom the direction was given in respect of any liabilities incurred, or other things done, by him in complying with the direction.
Pt. 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)