Section 16F Other provisions about decisions.F1

England, Wales and Scotland

(1)

If F2the Office of Rail and Road does not consider it right to give a direction under section 16A above in the terms applied for (or to reject the application), F3it may give a direction under that section in modified terms.

(2)

The Office of Rail and Road may include supplementary provisions in any direction under section 16A above, including (in particular)—

(a)

provision adding detail (for instance, as to the time by which, or standard to which, the person to whom it is given is to do anything which it requires him to do); and

(b)

provision imposing requirements on the applicant (for instance, to make arrangements for rewarding the person to whom the direction is given or to make payments to him).

(3)

Before giving a direction under section 16A above which is in modified terms or includes supplementary provisions, the Office of Rail and Road shall—

(a)

notify F4its intention to give a direction to the applicant, the F5appropriate facilities authority (if it is not the applicant) and any other persons who the Regulator considers ought to be notified; and

(b)

invite them to make written representations within a period specified in the invitation;

and if the applicant makes representations that the direction should not be given, the Office of Rail and Road shall not give it.

(4)

Whatever the Office of Rail and Road’s decision on an application it shall notify the decision to—

(a)

the person specified in the application;

(b)

the applicant; and

(c)

any other persons who it considers ought to be notified.

(5)

the Office of Rail and Road may direct the person specified in the application or the applicant to pay to—

(a)

the other of those persons, or

(b)

any other person directed to provide information under section 16D(7) above,

any such amount as it considers appropriate in respect of costs incurred in connection with the application.

Annotations

Textual amendments

F1: S. 16F inserted (15.10.2005) by 2000 c. 38, ss. 223, 275(1); S.I. 2005/2862, art. 3
F2: Words in s. 16F 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(u)
F3: S. 16F: word in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(b) Table}; S.I. 2004/827, art. 4(g)
F4: S. 16F: words in prospectively inserted section substituted (5.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 16, 120, {Sch. 2 para. 3(c) Table}; S.I. 2004/827, art. 4(g)
F5: Words in s. 16F(3)(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