OpenLegislation

Paragraph 7

England, Wales and Scotland

(1)

Section 18 of the 1986 Act (discharge and variation of administration order), as applied by this Part of this Schedule, shall have effect as follows.

(2)

For subsections (1) and (2) there shall be substituted the following subsection—

“(1)

An application for a railway administration order to be discharged may be made—

(a)

by the special railway administrator, on the ground that the purposes of the order have been achieved; or

(b)

by the F1appropriate national authorityF2. . . on the ground that it is no longer necessary that the purposes of the order are achieved.”

(3)

In subsection (3), the words “or vary” shall be omitted.

F3(4)

In subsection (4), the words “or varied” and “or variation” shall be omitted and for the words “ to the registrar of companies ” there shall be substituted—

F4(a)

where the company—

(i)

is registered under the Companies Act 2006, or

(ii)

is subject to a requirement imposed by regulations under section 1043 or 1046 of the Companies Act 2006 (unregistered UK companies or overseas companies) to deliver any documents to the registrar of companies,

the words “to F5the Office of Rail and Road , the appropriate national authority and the registrar of companies”; and

(b)

where paragraph (a) above does not apply, the words “to the Office of Rail and Road and the appropriate national authority”.

Annotations

Textual amendments

F1

Words in Sch. 6 para. 7 substituted (16.10.2005) by Railways Act 2005 (c. 14), ss. {49(4)(c)}, 60; S.I. 2005/2812, art. 2(1), Sch. 1

F2

Sch. 6 para. 7(2): "in the substituted section 18(1)(b)" words repealed (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F3

By Railways Act 2005 (c. 14), ss. 49(6), 60; S.I 2005/2812, {art. 2(1)}, Sch. 1 it is provided that for the words "the Strategic Rail Authority" the words "the appropriate national authority" are substituted in Sch. 6 para. 7(4) (16.10.2005)

F4

Sch. 6 para. 7(4)(a)(b) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 143(7)(c) (with art. 10)

F5

Words in Sch. 6 paras. 7-10 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 1(ddd)

Notes on Schedule 6

Modifications

C1

Sch. 6 modified (18.12.1996) by 1996 c. 61, s. 19(2)(b)(4)(5)

Sch. 6 restricted (18.12.1996) by 1996 c. 61, s. 19(7)