Section 16E Decisions on applications: adequate reward.F1

England, Wales and Scotland

(1)

F2The Office of Rail and Road may only give a direction to a person under section 16A above to provide, improve or develop a railway facility if he is satisfied that the person will be adequately rewarded for providing, improving or developing the railway facility in accordance with the direction.

(2)

In considering whether he is so satisfied the Office of Rail and Road shall take into account (in particular)—

(a)

any receipts obtained or likely to be obtained by the person (from the F3appropriate facilities authority, passengers, operators of railway services or any other persons) in connection with, or as a result of, the provision, improvement or development of the railway facility; and

(b)

any other benefit obtained or likely to be obtained by him in consequence of its provision, improvement or development.

(3)

Representations made by the applicant for a direction—

(a)

under section 16C(4) above, or

(b)

in response to an invitation under section 16D(4) above,

may, in particular, include representations as to matters which he considers the Office of Rail and Road should take into account in deciding whether the person to whom the direction would be given would be adequately rewarded for doing what it would require him to do.

Annotations

Textual amendments

F1: S. 16E inserted (15.10.2005) by 2000 c. 38, ss. 223, 275(1); S.I 2005/2862, {art. 3}
F2: Words in s. 16E 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(t)
F3: Words in s. 16E(2)(a) 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

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