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Part 4 E+W+SNetwork modifications etc.

Supplemental provisions of PartE+W+S

45Interpretation of Part 4E+W+S

(1)In this Part—

(2)In this Part “the relevant part of the closures guidance”—

(a)in relation to a proposal to discontinue any railway passenger service or services, means the part of the closures guidance relating to the discontinuance of any such services that is applicable to that proposal;

(b)in relation to a proposal to discontinue the operation of a network or part of a network, means the part of the closures guidance relating to the discontinuance of the operation of networks or parts of networks that is applicable to that proposal; and

(c)in relation to a proposal to discontinue the use or operation of a station or part of a station, means the part of the closures guidance relating to the discontinuance of the use or operation of such stations or parts of such stations that is applicable to that proposal.

(3)For the purposes of this Part the interim period, in relation to a proposal for the discontinuance of any service or services, or any network or station or part of a network or station, is a period ending—

(a)in a case where the national authority forms the opinion in accordance with the criteria set out in the relevant part of the closures guidance that the proposal should not be allowed, with the proposal date; and

(b)otherwise, as the case may be—

(i)with the date on which notification is given to the person who made the proposal that the national authority has changed its opinion with respect to the proposal;

(ii)with the withdrawal of the proposal; or

(iii)four weeks after the date on which a closure ratification notice or closure non-ratification notice is issued by the [F1Office of Rail and Road] on any reference to it relating to the proposal.

(4)The appropriate authority may by order designate a person as a railway funding authority if—

(a)that person is a person on whom functions are conferred by or under any enactment; and

(b)the appropriate authority is satisfied that that person, in the carrying out of those functions, provides financial assistance for purposes that are connected with railways or the provision of railway services.

(5)In subsection (4), “appropriate authority”—

(a)in relation to a person who provides no financial assistance for purposes mentioned in subsection (4)(b) other than—

(i)funding in relation to the provision of Scotland-only services,

(ii)Scottish majority funding in relation to cross-border services, or

(iii)funding in relation to the operation or use of a network or station, or part of a network or station, that is wholly in Scotland,

means the Scottish Ministers;

(b)in any other case, means the Secretary of State.

(6)For the purposes of subsection (5)(a)(ii), a person provides Scottish majority funding in relation to particular services if—

(a)the person is—

(i)a body established by or under an Act of the Scottish Parliament; or

(ii)a body which has its principal office in Scotland; and

(b)in relation to those services, the person provides more funding than is provided in aggregate by railway funding authorities.

(7)An order under subsection (4) is subject to the negative resolution procedure.

(8)In subsection (4)(a), “enactment” includes an enactment contained in an Act of the Scottish Parliament.

(9)In this Part references to financial assistance include references to each of the following—

(a)the making of grants or loans;

(b)the giving of guarantees; and

(c)investments in bodies corporate.

Textual Amendments

Commencement Information

I1S. 45(1) in force at 1.8.2006 for specified purposes by S.I. 2006/1951, art. 2(2)(c)

I2S. 45(1) in force at 1.12.2006 in so far as not already in force by S.I. 2006/2911, art. 2, Sch.

I3S. 45(2) in force at 1.8.2006 by S.I. 2006/1951, art. 2(2)(d)

I4S. 45(3)-(9) in force at 1.12.2006 by S.I. 2006/2911, art. 2, Sch.