OpenLegislation

Section 56 Procedural requirements for section 55 orders.F11C1C2

England, Wales and Scotland

(1)

Before F1it makes a final order or confirms a provisional order, the appropriate F2authority shall give notice—

(a)

stating that it proposes to make or confirm the order and setting out its effect,

(b)

setting out—

(i)

the relevant condition or requirement for the purpose of securing compliance with which the order is to be made or confirmed,

(ii)

the acts or omissions which, in F3its opinion, constitute or would constitute contraventions of that condition or requirement, and

(iii)

the other facts which, in its opinion, justify the making or confirmation of the order, and

(c)

specifying the period (not being less than F421 days from the date of publication of the notice) within which representations or objections with respect to the proposed order or proposed confirmation may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(2)

A notice under subsection (1) above shall be given—

(a)

by publishing the notice in such manner as the appropriate authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and

(b)

by serving a copy of the notice, and a copy of the proposed order or of the order proposed to be confirmed, on the relevant operator to whom the order relates.

F5(2A)

Where F6the Office of Rail and Road serves a copy of a notice under subsection (1) above on a licence holder, he shall also serve a copy on the F7Secretary of State and on the Scottish Ministers F8and the Welsh Ministers.

(3)

The appropriate authority shall not make a final order with modifications, or confirm a provisional order with modifications, except—

(a)

with the consent to the modifications of the relevant operator to whom the order relates; or

(b)

after complying with the requirements of subsection (4) below.

(4)

The requirements mentioned in subsection (3) above are that the appropriate authority shall—

(a)

serve on the relevant operator to whom the order relates such notice as appears to him requisite of its proposal to make or confirm the order with modifications;

(b)

F9unless the proposed modifications are trivial, in that notice specify a period (not being less than seven from the date of service of the notice) within which representations or objections with respect to the proposed modifications may be made; and

(c)

consider any representations or objections which are duly made and not withdrawn.

(5)

As soon as practicable after making a final order or making or confirming a provisional order, the appropriate authority shall—

(a)

serve a copy of the order on the relevant operator to whom the order relates; and

(b)

publish the order in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.

(6)

Before revoking a final order or a provisional order which has been confirmed, the appropriate authority shall give notice—

(a)

stating that it proposes to revoke the order and setting out the effect of its revocation, and

(b)

specifying the period (not being less than F1021 days from the date of publication of the notice) within which representations or objections with respect to the proposed revocation may be made,

and shall consider any representations or objections which are duly made and not withdrawn.

(7)

If, after giving notice under subsection (6) above, the appropriate authority decides not to revoke the order to which the notice relates, it shall give notice of its decision.

(8)

A notice under subsection (6) or (7) above shall be given—

(a)

by publishing the notice in such manner as the appropriate authority considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them; and

(b)

by serving a copy of the notice on the relevant operator to whom the order relates.

Annotations

Textual amendments

F1

Word in s. 56 substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 36(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))

F2

Word in s. 56 substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 36(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))

F3

Word in s. 56 substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 36(c); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))

F4

Word in s. 56(1)(c) substituted (1.2.2001) by 2000 c. 38, s. 226(2)(a); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F5

S. 56(2A) inserted (1.2.2001) by 2000 c. 38, s. 216, Sch. 17 para. 12 (with Sch. 28 paras. 2(5), 17); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F6

Words in s. 56(2A) 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(kk)

F7

Words in s. 56(2A) substituted (24.7.2005 for certain purposes and 16.10.2005 for certain further purposes and 1.12.2006 in so far as not already in force) by Railways Act 2005 (c. 14), ss. 1, 60, Sch. 1 para. 22; S.I 2005/1909, {art. 1}, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1; S.I. 2006/2911, art. 2, Sch. (subject to the transitional and saving provisions in arts. 3-7)

F8

Words in s. 56(2A) inserted (14.10.2018 at 2.00 a.m.) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 14

F9

Words in s. 56(4)(b) substituted (1.2.2001) by 2000 c. 38, s. 226(2)(b); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F10

Words in s. 56(6)(b) substituted (1.2.2001) by 2000 c. 38, s. 226(2)(c); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

F11

Words in s. 56 sidenote inserted (1.2.2001) by 2000 c. 38, s. 252, Sch. 27 para. 31; S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II)

Modifications

C1

S. 56 applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 1(c)

C2

Ss. 55-58 applied (25.6.2010) by The Rail Passengers Rights and Obligations Regulations 2010 (S.I. 2010/1504), reg. 17

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 Enforcement by the Office of Rail and Road and the Authority

Textual amendments

F1

Words in s. 55 cross-heading substituted (16.10.2015) by virtue of The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), Sch. para. 1

F2

Words in the heading before section 55 substituted (1.2.2001) by 2000 c. 38, s. 215, Sch. 16 para. 35(5); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to savings and transitional provisions in Sch. 2 Pt. II) (which S.I. was amended by S.I. 2001/115, art. 2(2))