Section 16A Provision, improvement and development of railway facilities.F1

England, Wales and Scotland

(1)

F2The Office of Rail and Road may, on an application—

(a)

made by the F3appropriate facilities authority, or

(b)

made by any other person with the consent of the appropriate facilities authority,

give to the operator of a network, station or light maintenance depot a direction to provide a new railway facility if the Office of Rail and Road considers him to be an appropriate person to provide the new railway facility.

(2)

The Office of Rail and Road may, on an application—

(a)

made by the appropriate facilities authority, or

(b)

made by any other person with the consent of the appropriate facilities authority,

give to a person who has an estate or interest in, or right over, an existing railway facility a direction to improve or develop the railway facility if the Office of Rail and Road considers him to be an appropriate person to improve or develop the railway facility.

(3)

The F4consent of the appropriate facilities authority to the making by any other person of an application under subsection (1) or (2) above may be given subject to compliance with conditions (and may be withdrawn if any condition is not complied with before the Office of Rail and Road decides whether to give the direction).

F5(3A)

In this section and sections 16B to 16G below “the appropriate facilities authority”—

(a)

in relation to facilities in Scotland, means the Scottish Ministers; and

(b)

in relation to any other facilities, means the Secretary of State.

Annotations

Textual amendments

F1: S. 16A inserted (15.10.2005) by 2000 c. 38, ss. 223, 275(1); S.I. 2005/2862, art. 3
F2: Words in s. 16A 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(p)
F3: Words in s. 16A substituted (16.10.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 11(1): S.I. 2005/2812, art. 2(1), Sch. 1
F4: Words in s. 16A(3) substituted (16.10.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 11(2): S.I. 2005/2812, art. 2(1), Sch. 1
F5: S.16A(3A) inserted (16.10.2005) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 11(3): S.I. 2005/2812, art. 2(1), Sch. 1

Notes on Part I

Modifications

C1

Pt. I (ss. 1-83) modified (18.12.1996) by 1996 c. 61, s. 21(6)

C2

Pt. 1 (ss. 1-83) applied (S.) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp. 6), s.78 (with s.75)

Pt. 1 (ss. 1-83) applied (S.) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp. 7), s.79 (with ss.76, 84)

Commencement

I1

Pt. I (ss. 1-83) applied (1.4.1994) by 1993 c. 43, ss. 36(2) (inserting s. 10(1)(viiia) in 1968 c. 73); S.I. 1994/571, art. 5

Pt. I (ss. 1-83) applied (18.12.1996) by 1996 c. 61, s. 16(5)

Notes on Directions to provide, improve or develop railway facilities

Textual amendments

F1: S. 16A cross-heading inserted (15.10.2005) by 2000 c. 38, ss. 223, 275; S.I. 2005/2862, art. 3