The Railway Administration Order Rules 2001

Release from duty to submit statement of affairs; extension of time

3.4—(1) The power of the special railway administrator under section 22(5) of the 1986 Act to give a release from the obligation imposed by that section, or to grant an extension of time, may be exercised at the special railway administrator’s own discretion, or at the request of any deponent.

(2) A deponent may, if he requests a release or extension of time and it is refused by the special railway administrator, apply to the court for it.

(3) The court may, if it thinks that no sufficient cause is shown for the application, dismiss it; but it shall not do so unless the deponent has had an opportunity to attend the court for an ex parte hearing, of which he has been given at least 7 days' notice.

If the application is not dismissed under this paragraph, the court shall fix a venue for it to be heard, and give notice to the deponent accordingly.

(4) The deponent shall, at least 14 days before the hearing, send to the special railway administrator a notice stating the venue and accompanied by a copy of the application, and of any evidence which he (the deponent) intends to adduce in support of it.

(5) The special railway administrator may appear and be heard on the application; and whether or not he appears, he may file a written report of any matters which he considers ought to be drawn to the attention of the court.

If such a report is filed, a copy of it shall be sent by the special railway administrator to the deponent, no later than five days before the hearing.

(6) Sealed copies of any order made on the application shall be sent by the court to the deponent and to the special railway administrator.

(7) On any application under this Rule, the applicant’s costs shall be paid in any event by him and, unless the court otherwise orders, no allowance towards them shall be made out of the assets of the protected railway company.