Section 38 Services, networks and stations excluded by orderI1

England, Wales and Scotland

(1)

The national authority may by order—

(a)

exclude a railway passenger service, or all railway passenger services of a specified description, from the application of any one or more of sections 22 to 24;

(b)

exclude a network or part of a network, or all networks or parts of them of a specified description, from the application of any one or more of sections 26 to 28;

(c)

exclude a station or part of a station, or all stations or parts them of a specified description, from the application of any one or more of sections 29 to 31.

(2)

In subsection (1) “the national authority”—

(a)

as respects a railway passenger service which is—

(i)

a Scotland-only service, or

(ii)

a cross-border service in relation to which so much of the funding as is provided by a railway funding authority is funding provided by the Scottish Ministers,

means those Ministers;

(b)

as respects a network or station, or part of a network or station, that is wholly in Scotland, means the Scottish Ministers; F1...

(ba)

F2as respects a railway passenger service which is a Wales-only service, means the Welsh Ministers;

(bb)

as respects a station, or part of a station, that—

(i)

is wholly in Wales, and

(ii)

is a station to which subsection (2A) applies or part of such a station,

means the Welsh Ministers; and

(c)

as respects any other railway passenger service, network or station, or part of a network or station, means the Secretary of State.

(2A)

F3This subsection applies to a station at which the only scheduled calls made by any railway passenger service are those made by a railway passenger service provided under a Welsh franchise agreement or secured to any extent by the Welsh Ministers.

(3)

An order under this section is subject to the negative resolution procedure.

(4)

Where any order under section 49(2), (4) or (5) of the 1993 Act (exclusions from closure procedures under that Act) is in force immediately before the commencement of this section, that order shall have effect after the commencement of this section—

(a)

in the case of an order under section 49(2), as an order under this section excluding the services to which it applies from sections 22 to 24 of this Act;

(b)

in the case of an order under section 49(4), as an order under this section excluding the networks, or parts of networks, to which it applies from sections 26 to 28; and

(c)

in the case of an order under section 49(5), as an order under this section excluding any stations, or parts of stations, to which it applies from sections 29 to 31.

Annotations

Textual amendments

F1: Word in s. 38(2) omitted (14.10.2018) by virtue of The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 53(2)
F2: S. 38(2)(ba)(bb) inserted (14.10.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 53(2)
F3: S. 38(2A) inserted (14.10.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), art. 1(3), Sch. para. 53(3)

Commencement

I1: S. 38 in force at 1.12.2006 by S.I. 2006/2911, art. 2, Sch.