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The Planning Act 2008 (Railways Designation) Order 2010

S.I. 2010/124 · Made 24 January 2010

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Infrastructure Planning

Made 24th January 2010

Laid before Parliament 29th January 2010

Coming into force 1st March 2010

The Secretary of State for Transport makes this Order in exercise of the powers conferred by section 25(6) of the Planning Act 2008f1.

Annotations to the whole text

Footnotes

f1

2008 c.29.

Contents

  1. 1Citation and commencement
  2. 2Designation
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Planning Act 2008 (Railways Designation) Order 2010 and comes into force on 1st March 2010.

2Designation

Each of the following is designated for the purposes of section 25 of the Planning Act 2008—

(a)

Network Rail Infrastructure Limitedf1;

(b)

Network Rail (CTRL) Limitedf2.

Signature

Signed by authority of the Secretary of State for Transport

C.D. Mole

Parliamentary Under Secretary of State

Department for Transport

24th January 2010

Explanatory note

(This note is not part of the Order)

Section 25 of the Planning Act 2008 (when read with section 14) provides for the construction or alteration of a railway to be, in certain circumstances, a nationally significant infrastructure project for the purposes of the Act. Article 2 of this Order designates Network Rail Infrastructure Limited and Network Rail (CTRL) Limited for the purposes of section 25.

In addition to designation, in order to be an approved operator within the meaning of section 25, a person must also fulfil the requirement in section 25(5), being either a person who is authorised to be the operator of a network by a licence granted under section 8 of the Railways Act 1993 (c.43) (licences for operation of railway assets) or a wholly-owned subsidiary of a company which is such a person.

An Explanatory Memorandum is available alongside the instrument on the OPSI website (www.opsi.gov.uk). An impact assessment has not been produced as no additional impact on business, charities or the public sector is foreseen beyond that examined in the impact assessment that accompanied the Planning Act 2008.