Railways Act 1993

43 Notification to, and functions of, the [F1 Secretary of State] and the relevant [F2 Rail Passengers Committees]. E+W+S

(1) Where the [F3 Authority] is required by any provision of sections 37 to 42 above to publish any notice, [F3 it] shall also send the following documents, that is to say—

(a) a copy of the notice,

(b) a copy of the statement of reasons to which the notice refers, and

(c) a statement of [F3 its] recommendations with respect to the conditions (if any) to be attached to any consent to the closure,

to the [F4 Secretary of State][F5 , to the Mayor of London if the whole or any part of the area affected by the closure is in Greater London,] and to every [F6 Rail Passengers’ Committee] whose area consists of or includes the whole or any part of the area affected by the proposed closure.

[F7 (1A) The Authority shall also—

(a) send a copy of the notice to every person who is the operator of a station within the area affected; and

(b) require him to publish it at the station.]

(2) The [F4 Secretary of State] shall send to every [F6 Rail Passengers’ Committee] whose area consists of or includes the whole or any part of the area affected a copy of every objection to the proposed closure which is lodged with him in accordance with the terms of the statement published pursuant to paragraph (e) of whichever of sections 37(6), 38(5), 39(7), 40(5), 41(6) or 42(4) above is applicable in the case of that proposed closure.

(3) On receipt of the copy of the notice referred to in subsection (1)(a) above, a [F8 Rail Passengers’ Committee] shall—

(a) consider whether or not the proposed closure will cause any hardship;

(b) identify any reasonable means of alleviating any such hardship; and

(c) prepare, and send to the [F4 Secretary of State], a report of the conclusions which it has reached in the discharge of its functions under paragraphs (a) and (b) above;

and, for the purposes of paragraph (b) above, a [F8 Rail Passengers’ Committee] shall not conclude that any particular means of alleviating hardship is reasonable unless, balancing the cost to the [F9 Authority] (or any other public authority) of employing those means against the benefit of any alleviation thereby secured, the [F8 Rail Passengers’ Committee] is of the opinion, on the basis of the information available to it, that the expenditure involved represents good value for money.

(4) Any [F10 Rail Passengers’ Committee] which has prepared a report under subsection (3)(c) above shall send a copy of the report to the [F10 Rail Passengers’ Council] and may publish the report in any manner which it considers appropriate.

(5) For the purpose of facilitating the discharge of its functions under subsection (3) above, a [F11 Rail Passengers’ Committee] may, after consultation with the [F4 Secretary of State], hold public hearings.

(6) In deciding whether to hold a public hearing for the purposes of this section, and in conducting any such hearing, a [F11 Rail Passengers’ Committee] shall take into account such matters as may be notified to it by the [F4 Secretary of State].

(7) The report required by subsection (3)(c) above shall be sent to the [F4 Secretary of State] before the expiration of the period of 12 weeks, or such longer period as the [F4 Secretary of State] may allow in any particular case, immediately following the end of the period within which objections to the proposed closure may be lodged with the [F4 Secretary of State].

(8) The [F4 Secretary of State] shall only allow a longer period for the purposes of subsection (7) above if, on an application made to him by the [F11 Rail Passengers’ Committee] in question, he considers it appropriate to do so in the circumstances of the particular case.

(9) It shall be for the [F4 Secretary of State] to decide whether the proposed closure should, or should not, be allowed to take effect; and a decision may be given allowing the proposed closure to take effect subject to compliance with such conditions (if any) as the [F4 Secretary of State] may see fit to impose.

(10) Before deciding whether or not to allow the proposed closure to take effect, or whether to impose any and, if so, what conditions, the [F4 Secretary of State] shall consider—

(a) the reasons for the proposed closure set out in the copy of the statement sent to him pursuant to subsection (1)(b) above;

(b) any objections to the proposed closure which have been lodged with him; and

(c) every report relating to the proposed closure which is sent to him by a [F11 Rail Passengers’ Committee] pursuant to subsection (3)(c) above.

F12 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) When the [F4 Secretary of State] has made a decision with respect to the proposed closure, he shall send a copy of the decision to—

(a) the [F13 Regulator],

(b) the [F9 Authority],

(c) every such [F11 Rail Passengers’ Committee] as is mentioned in subsection (1) above, and

(d) either—

(i) in a case falling within section 37 above, the service operator, within the meaning of that section, or

(ii) in a case falling within section 39 or 41 above, the operator of the network, station or light maintenance depot in question who gave the notice required by subsection (1) of the section in question,

F14 . . .

[F15 (12A) The Secretary of State shall also—

(a) send a copy of the decision to every person who is the operator of a station within the area affected; and

(b) require him to publish it at the station.]

(13) In this section, “the area affected”, in relation to a proposed closure, shall be construed in accordance with the section under or by virtue of which the [F9 Authority] is required to publish the notice referred to in subsection (1) above.

Textual Amendments

F1 S. 43: words in sidenote substituted (1.2.2001) by 2000 c. 38, s. 234(3)(a) (with Sch. 28 paras. 12, 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F2 Words in s. 43 sidenote substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 Pt. I para. 4(6); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F3 Words in s. 43(1) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 28(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))

F4 Word in s. 43 substituted (1.2.2001) by 2000 c. 38, s. 234(3)(a) (with Sch. 28 paras. 12, 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F5 Words in s. 43(1) inserted (3.7.2000) by 1999 c. 29, s. 203 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 3, Sch Pt. 3

F6 Words in s. 43(1)(2) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 Pt. I para. 4(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F7 S. 43(1A) inserted (1.2.2001) by 2000 c. 38, s. 235(1); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F8 Words in s. 43(3) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 Pt. I para. 4(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F9 Words in s. 43(3)(12)(13) substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 28(3); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))

F10 Words in s. 43(4) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 Pt. I para. 4(4); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F11 Words in s. 43(5)(6)(8)(10(12) substituted (1.2.2001) by 2000 c. 38, s. 227, Sch. 22 Pt. I para. 4(5); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F12 S. 43(11) repealed (1.2.2001) by 2000 c. 38, ss. 234(3)(b), 274, Sch. 31 Pt. IV (with Sch. 28 paras. 12, 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F13 Word in s. 43(12)(a) substituted (1.2.2001) by 2000 c. 38, s. 234(3)(c)(with Sch. 28 paras. 12, 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F14 Words in s. 43(12) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F15 S. 43(12A) inserted (1.2.2001) by 2000 c. 38, s. 235(2); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

Modifications etc. (not altering text)

C1 S. 43 excluded (21.7.1994) by 1994 c. xv, s. 17(4)