- Latest available (Revised)
- Point in Time (31/12/2020)
- Original (As enacted)
Version Superseded: 11/02/2021
Point in time view as at 31/12/2020. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Railways Act 2005, Section 23.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)This section applies where—
(a)all the relevant railway passenger services on a particular line or from a particular station are provided otherwise than in satisfaction of requirements imposed by a franchise agreement;
(b)a proposal for the discontinuance of all the relevant railway passenger services provided on that line, or from that station, is made, in accordance with section 41, by a railway funding authority; and
(c)the proposal is not a proposal for a minor modification.
(2)The references in subsection (1) to relevant railway passenger services are references to railway passenger services that are not—
(a)secured services;
(b)experimental passenger services;
(c)services involving travel through the Channel Tunnel;
(d)services that are provided otherwise than as regular scheduled services for the line or station in question; or
(e)services excluded from the application of this section by an order under section 38.
(3)The railway funding authority making the proposal must—
(a)give notice of its proposal to the national authority, if it is not itself that authority;
(b)carry out a consultation under Schedule 7 about the proposal; and
(c)after carrying out that consultation, either withdraw the proposal or refer the proposal (with or without modifications) to the [F1Office of Rail and Road].
(4)A notice to the national authority under subsection (3)(a) must set out—
(a)particulars of the proposal for the closure including, in particular—
(i)the services to which the proposal relates; and
(ii)the proposal date; and
(b)a summary of the results of the assessment carried out in accordance with subsection (5).
(5)Before—
(a)giving a notice under subsection (3)(a), in a case where it is not itself the national authority, or
(b)in any other case, carrying out the consultation under subsection (3)(b),
the railway funding authority making the proposal must carry out an assessment of whether the proposal satisfies the criteria set out in the relevant part of the closures guidance; and that assessment must be carried out in accordance with that guidance.
(6)If arrangements under or in accordance with which the services are being provided do not require the services to be provided until the end of the interim period, the national authority must secure the provision of the services until the end of that period.
(7)If on a reference under subsection (3)(c) the [F1Office of Rail and Road] issues a closure non-ratification notice, the national authority must secure the provision of the services to which the proposal relates after the end of the interim period.
(8)The duty imposed by subsection (7) in relation to any services ceases if the services begin to be provided under a franchise agreement.
(9)In this section “the national authority”—
(a)in relation to a proposal relating to services all of which are Scotland-only services, means the Scottish Ministers; F2...
[F3(aa)in relation to a proposal relating to services all of which are Wales-only services, means the Welsh Ministers; and]
(b)in any other case, means the Secretary of State.
Textual Amendments
F1Words in s. 23 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 3(b)
F2Word in s. 23(9)(a) omitted (14.10.2018) by virtue of The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 43
F3S. 23(9)(aa) inserted (14.10.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 43
Modifications etc. (not altering text)
C1Ss. 22-25 power to exclude conferred (22.7.2008) by Crossrail Act 2008 (c. 18), s. 27
C2S. 23 excluded by S.I. 1994/573, art. 6(4) (as inserted (12.1.2010) by The Railways (Transport for London) (Exemptions) Order 2009 (S.I. 2009/3336), arts. 1, 2(7)(b))
C3Ss. 22-24 excluded (1.4.2013) by The Greater Manchester (Light Rapid Transit System) (Exemptions) Order 2013 (S.I. 2013/339), arts. 1, 7
C4Ss. 22-25: power to exclude conferred (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 41, 70(1)
Commencement Information
I1S. 23 in force at 1.12.2006 by S.I. 2006/2911, art. 2, Sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: