# The Railways (Provision etc. of Railway Facilities) (Exemptions) Order 2005, Paragraph 8


Any railway facility which is used wholly or predominantly in connection with freight purposes, provided that:
(1) where the relevant facility owner is
(a) Network Rail Limited or any subsidiary of theirs; or
(b) a person holding a licence to operate trains (other than a passenger licence) granted under section 8 of the 1993 Act,
such railway facility shall be exempt from subsection (2) of section 16A of the 1993 Act only to the extent that the railway facility is and remains subject to a facility exemption; and
(2) in determining the predominant use of a railway facility for the purposes of this paragraph, temporary use, use for locomotive refuelling and use for emergency purposes shall be disregarded.

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Source: https://www.legislation.gov.uk/uksi/2005/2628/schedule/2/paragraph/8 (the official version)
Page: https://openlegislation.uk/railways-provision-etc-of-railway-facilities-exemptions-order-2005/schedule-2/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.