- Latest available (Revised)
- Point in Time (28/11/2005)
- Original (As enacted)
No versions valid at: 28/11/2005
Point in time view as at 28/11/2005. This version of this provision is not valid for this point in time.
There are currently no known outstanding effects for the Railways Act 2005, Section 29.
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.
Valid from 01/12/2006
(1)This section applies where—
(a)the operator of a station proposes to discontinue the use of a station or of some part of it;
(b)the station or, as the case may be, that part of it has, at any time within the preceding five years, been used for or in connection with the provision of services for the carriage of passengers by railway;
(c)the station or that part of it is not secured;
(d)the station or that part of it is not excluded from the application of this section by an order under section 38; and
(e)the proposal is not a proposal for a minor modification.
(2)Use for or in connection with the provision of any of the following services is to be disregarded for the purposes of subsection (1)(b)—
(a)an experimental passenger service;
(b)a service involving travel through the Channel Tunnel;
(c)a service that is provided otherwise than as a regular scheduled service.
(3)The operator must give notice to the national authority setting out—
(a)particulars of the proposal for the closure in question; and
(b)a summary of the results of the assessment carried out in accordance with subsection (5).
(4)The particulars set out in the notice must include, in particular—
(a)the station, or part of a station, to which the proposal relates; and
(b)the proposal date;
and the proposal date must be a date not less than three months after the date of the notice.
(5)Before giving the notice under subsection (3), the operator 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)The national authority to which a notice is given under subsection (3) must—
(a)consider whether the closure in question should be allowed; and
(b)before the proposal date, form an opinion on that matter in accordance with the criteria set out in the relevant part of the closures guidance.
(7)If the national authority forms the opinion that the closure should be allowed, it must—
(a)carry out a consultation under Schedule 7 about the proposal; and
(b)after carrying out that consultation, either notify the operator that it has changed its opinion or refer the proposal (with or without modifications) to the Office of Rail Regulation.
(8)The operator must not discontinue the use of the station, or part of a station, before the end of the interim period.
(9)If—
(a)the national authority forms the opinion under subsection (6)(b) that the closure should not be allowed,
(b)the national authority changes its opinion following the consultation under subsection (7)(a), or
(c)on a reference to the Office of Rail Regulation under subsection (7)(b), that Office issues a closure non-ratification notice,
the national authority must secure the continued operation of the station, or part of a station, in question after the end of the interim period.
(10)In this section “the national authority”—
(a)in relation to a proposal relating to a station or part of a station that is wholly in Scotland, means the Scottish Ministers; and
(b)in relation to a station or part of a station that is wholly in England and Wales, means the Secretary of State.
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: