Railways Act 2005

42 Closures guidance E+W+S

(1) It shall be the duty of the Scottish Ministers to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to—

(a) proposals to discontinue any Scotland-only service or services;

(b) proposals to discontinue any cross-border service or services in relation to which no funding is provided by a railway funding authority other than the Scottish Ministers;

(c) proposals to discontinue the operation of a network or part of a network that is wholly in Scotland; or

(d) proposals to discontinue the use or operation of any station or part of a station that is wholly in Scotland.

[F1 (1A) It is the duty of the Welsh Ministers to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to—

(a) proposals to discontinue any Wales-only service or services; or

(b) proposals to discontinue the use or operation of any station, or part of a station, that—

(i) is wholly in Wales, and

(ii) is a station to which subsection (1B) applies or part of such a station.

(1B) This subsection applies to a station at which the only scheduled calls made by any railway passenger service are those made by a railway passenger service provided under a Welsh franchise agreement or secured to any extent by the Welsh Ministers.]

(2) It shall be the duty of the Scottish Ministers acting jointly with the Secretary of State [F2 or the Welsh Ministers (or the Secretary of State and the Welsh Ministers)] to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to proposals to discontinue any cross-border services in relation to which, as the case may be—

(a) the Secretary of State provides funding;

(b) [F3 the Welsh Ministers provide] funding; or

(c) [F4 the Secretary of State and the Welsh Ministers provide funding].

(3) It shall be the duty of the Secretary of State acting jointly with [F5 the Welsh Ministers] to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to—

(a) proposals to discontinue any Welsh service or services [F6 (other than any Wales-only service or services)];

(b) proposals to discontinue the operation of a network or part of a network that is wholly in Wales; or

(c) proposals to discontinue the use or operation of any station or part of a station that is wholly in Wales [F7 (other than a station to which subsection (1B) applies or part of such a station)].

(4) It shall be the duty of the Secretary of State to publish guidance for the purposes of the provisions of this Part so far as they have effect in relation to proposals as respects which none of the preceding subsections imposes any duty.

(5) Guidance published under this section may include different provision for different descriptions of proposals and for different purposes.

(6) A person who is under a duty to publish guidance under this section may from time to time—

(a) modify the guidance; and

(b) publish revised guidance.

(7) Before publishing or modifying any guidance under this section the person with the duty of publishing the guidance must consult—

(a) such persons operating railway passenger services, networks and stations that are affected by the proposed guidance as he thinks appropriate; and

(b) such other persons as he thinks appropriate.

(8) For the purposes of subsection (7) a railway passenger service, network or station is affected by proposed guidance if the proposed guidance would have effect in relation to a proposal relating to that service, network or station.

Textual Amendments

F1 S. 42(1A)(1B) inserted (14.10.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 55(2)

F2 Words in s. 42(2) substituted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(xiv), Sch. para. 55(3)(a)

F3 Words in s. 42(2)(b) substituted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(xiv), Sch. para. 55(3)(b)

F4 Words in s. 42(2)(c) substituted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(xiv), Sch. para. 55(3)(c)

F5 Words in s. 42(3) substituted (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(2)(b)(xiv), Sch. para. 55(4)(a)

F6 Words in s. 42(3)(a) inserted (14.10.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 55(4)(b)

F7 Words in s. 42(3)(c) inserted (14.10.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 55(4)(c)

Commencement Information

I1 S. 42 in force at 1.8.2006 by S.I. 2006/1951, art. 2(2)(b)