8 Licences.E+W+S
(1)Subject to the following provisions of this section—
(a)the Secretary of State after consultation with [F1the Office of Rail and Road] F2. . . , or
(b)[F1the Office of Rail and Road] with the consent[F3, or in accordance with a general authority, of the Secretary of State F2. . . ,]
may grant to any person a licence authorising the person to be the operator of such railway assets, or of railway assets of such a class or description, as may be specified in the licence.
(2)Any general authority given to [F1the Office of Rail and Road] under subsection (1)(b) above
[F4(a)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)may include a requirement for [F1the Office of Rail and Road] either to consult the Secretary of State, or a requirement to obtain his approval before granting a licence;
but a failure to comply with such a requirement shall not affect the validity of the licence.]
(3)Any application for a licence—
(a)shall be made in the prescribed manner;
(b)shall be accompanied by such fee (if any) as may be prescribed in the case of a licence of the description in question; and
(c)shall, if the Secretary of State so requires, be published by the applicant in the prescribed manner and within such period as may be notified to the applicant by the Secretary of State;
and, on any such application, the Secretary of State or, as the case may be, [F1the Office of Rail and Road] may either grant or refuse the licence.
(4)Before granting a licence, the Secretary of State or [F1the Office of Rail and Road] shall give notice—
(a)stating that he [F6or it] proposes to grant the licence,
(b)stating the reasons why he [F6or it] proposes to grant the licence, and
(c)specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed licence may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(5)A notice under subsection (4) above shall be given by publishing the notice in such manner as the Secretary of State or [F1the Office of Rail and Road] considers appropriate for bringing it to the attention of persons likely to be affected by the grant of the licence.
(6)A licence shall be in writing and, unless previously revoked or surrendered in accordance with any terms contained in the licence, shall continue in force for such period as may be specified in or determined by or under the licence; and a licence shall not be capable of being surrendered [F7unless [F1the Office of Rail and Road] [F8consents] to the surrender] if it is—
(a)a passenger licence;
(b)a network licence;
(c)a station licence; or
(d)a light maintenance depot licence.
(7)As soon as practicable after the granting of a licence, the grantor shall send a copy—
(a)in the case of a licence granted by the Secretary of State, to [F1the Office of Rail and Road] F9. . . ; or
(b)in the case of a licence granted by the [F1the Office of Rail and Road], [F10to the [F11Secretary of State]] F9. . . .
(8)Any power to make regulations by virtue of subsection (3) above shall only be exercisable by the Secretary of State after consultation with [F1the Office of Rail and Road] F12. . .
(9)Different fees may be prescribed under subsection (3) above in respect of licences authorising a person to be the operator of railway assets of different classes or descriptions.
F13(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)Any sums received by the Secretary of State or [F1the Office of Rail and Road] under this section shall be paid into the Consolidated Fund.
Textual Amendments
F1Words in s. 8 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(d)
F2Words in s. 8(1) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 3(1)(a), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
F3Words in s. 8(1)(b) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 4(2)(b) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F4S. 8(2)(a)(b) and words substituted for words (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 4(3) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F5S. 8(2)(a) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 3(2), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11); S.I. 2005/1909, art. 2, Sch.
F6Words in s. 8(4)(a)(b) inserted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, Sch. 2 para. 5; S.I. 2004/827, art. 4(g)
F7Words in s. 8(6) substituted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 4(4) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F8Word in s. 8(6) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 3(3); S.I. 2005/1909, art. 2, Sch.
F9Words in s. 8(7)(a) repealed (24.7.2005 for certain purposes and 1.4.2006 otherwise) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 4(a), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.; S.I. 2006/266, art. 2(2), Sch.
F10Words in s. 8(7) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 4(5) (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)
F11Words in s. 8(7)(b) substituted (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 3(4)(b); S.I. 2005/1909, art. 2, Sch.
F12Words in s. 8(8) repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 1, 59, 60, Sch. 1 para. 3(5), Sch. 13 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.
F13S. 8(10) 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)
Modifications etc. (not altering text)
C1S. 8 restricted (18.12.1996) by 1996 c. 61, s. 16(3)